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2003-043RESOLUTION NO. 2003-43 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT A SlX- STORY AUTOMOBILE PARKING GARAGE IN THE MEDICAL OFFICE DISTRICT AS A STAND-ALONE USE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(F)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD SETBACK OF 25.5 FEET WHERE A 50 FOOT SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 144(F)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A REAR YARD SETBACK OF 8.1 FEET WHERE A 25 FOOT SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(F)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW OPEN SPACE OF 27% WHERE 39% IS REQUIRED BY CODE; ALL FOR PROPERTY LOCATED AT 21097 AND 21099 NE 27 COURT; PROVIDING AN EFFECTIVE DATE. and WHEREAS, the property described herein is zoned MO, Medical Office District WHEREAS, the applicant, through Application No. 03-CU-03, has requested conditional use approval to permit a six-story automobile parking garage as a stand- alone use in the Medical Office District; and WHEREAS, the applicant, through Application No. 04-VAR-03, has requested approval of a variance to permit a 25.5 foot front yard setback where a minimum front yard setback of 50 feet is required by Code; approval of a variance to permit a 8.1 foot rear yard setback where a minimum setback of 25 feet is required by Code; and approval of a variance to permit open space of 27% where a minimum open space of 39% is required by Code; and Resolution No. 2003-43 Page 2 WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 03-CU-03 for conditional use approval to permit a six-story automobile parking garage as a stand-alone use in the Medical Office District on property located at 21099 NE 27 Court is hereby granted, subject to the conditions in Section 3. Section 2. Application No. 04-VAR-03 for approval of a variance to permit a 25.5 foot front yard setback where a minimum front yard setback of 50 feet is required by Code; approval of a variance to permit a 8.1 foot rear yard setback where a minimum setback of 25 feet is required by Code; and approval of a variance to permit open space of 27% where a minimum open space of 39% is required by Code, all on property located at 21097 NE 27 Court, is hereby granted, subject to the conditions in Section 3. Section 3. The approvals granted in Sections 1 and 2 above are subject to the following conditions: i. Plans shall substantially comply with those submitted as follows: · "Aventura Medical Arts Building", Site Plan, Sheet 1 of 3, prepared by For[in Leavy Skiles Inc., dated 6/12/02, last revised 04/02/03. Resolution No. 2003-43 Page 3 · "Aventura Medical Arts Building", Site Plan, Sheet 2 of 3, prepared by Fortin Leavy Skiles Inc., dated 6/12/02, last revised 04/02/03. · "Aventura Medical Arts Building", Site Plan, Sheet 3 of 3, prepared by Fortin Leavy Skiles Inc., dated 6/12/02, last revised 04/02/03. · "Aventura Medical Arts Building", Demolition Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 6/12/02, last revised 02/14/03. · "Aventura Medical Arts Building", Overall Hospital Site Plan, Sheet SP-1, prepared by Oliver Glidden & Partners, dated 11/13/02. · "Aventura Medical Arts Building", Phase I Concept Plan, Sheet SP-2, prepared by Oliver Glidden & Partners, dated 09/09/02. · "Aventura Medical Arts Building", First Floor Plan, Sheet A-l, prepared by Oliver Glidden & Partners, dated 11/13/02. · "Aventura Medical Arts Building", Second Floor Plan, Sheet A-2, prepared by Oliver Glidden & Partners, dated 11/13/02. · "Aventura Medical Arts Building", Third Floor Plan, Sheet A-3, prepared by Oliver Glidden & Partners, dated 11/13/02. · "Aventura Medical Arts Building", Fourth, Fifth Floors and Roof Plan, Sheet A- 4, prepared by Oliver Glidden & Partners, dated 11/13/02. · "Aventura Medical Arts Building", Office Building Exterior Elevations, Sheet A- 5, prepared by Oliver Glidden & Partners, dated 11/13/02. · "Aventura Medical Arts Building", 2nd & 5th Levels, Parking Structure, Sheet A- 6, prepared by Oliver Glidden & Partners, dated 09/09/02. · "Aventura Medical Arts Building", 6th & Roof Level Plans, Parking Structure, Sheet A-7, prepared by Oliver Glidden & Partners, dated 09/09/02. · "Aventura Medical Arts Building", Exterior Elevations, Parking Structure, Sheet A-7, prepared by Oliver Glidden & Partners, dated 11/13/02. · "Aventura Hospital and Medical Building", Existing Tree Inventory, prepared by Witkin Design Group, Drawing L-l, dated 08/08/02, last revised 03/20/03, signed and sealed 04/15/03. · "Aventura Hospital and Medical Building", Existing Tree Inventory and Mitigation Calculations, prepared by Witkin Design Group, Drawing L-2, dated 08/08/02, last revised 04/14/03, signed and sealed 04/15/03. · "Aventura Hospital and Medical Building", Landscape Plan, prepared by Witkin Design Group, Drawing L-3, dated 08/08/02, last revised 04/11/03, signed and sealed 04/15/03. · "Aventura Hospital and Medical Building", Landscape Plan, prepared by Witkin Design Group, Drawing L-4, dated 08/08/02, last revised 04/11/03, signed and sealed 04/15/03. · "Aventura Hospital and Medical Building", Planting Details and Landscape List, prepared by Witkin Design Group, Drawing L-5, dated 08/08/02, last revised 04/11/03, signed and sealed 04/15/03. Resolution No. 2003-43 Page 4 ii. Approval of the vacation of the NE 27 Court right of way lying between NE 209 Street and NE 211Street by the City Commission, such request being made under separate application 01-AR-03. iii. The applicant shall obtain a building permit for the proposed development within 12 months of the date of the resolution or the approvals granted shall be deemed null and void unless extended by motion of the City Commission. iv. Any discontinuation of the conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. V= The applicant shall temporarily relocate all existing surface parking spaces during the construction process in accordance with an interim parking plan to be prepared by the applicant and approved by the City Manager. vi. The applicant shall provide and record a Unity of Title or Declaration in Lieu of Unity of Title, in a form to be approved by the City Attorney and City Manager, prior to issuance of a building permit for the development. Section 4. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Diamond, who moved its adoption. The motion was seconded by Commissioner Beskin, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Robert Diamond Commissioner Ken Cohen Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow yes yes yes no absent yes absent from the room Resolution No. 2003- 43 Page ~ PASSED AND ADOPTED this 6th day of May, 2003. ~'EI~'SA M. ~RII~KA, (~MC ~ CLERK~,,,~) APPROVED AS TO LEGAL SUFFICIENCY: CITY ~0~ This R~3.. 'ution'~N~.~dri~_ the Office of the City Clerk this day of May. 2003.