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06-02-2009 City Commission Susan Gottlieb, Mayor A~e City of ~ventura -~ *. """'1',,'0',..1 City Mana~r Eric M. Soroka, lCMA-CM Zev Auerbach Bob Diamond Teri Holzberg Billy Joel Michael Stern Luz Urbaez Weinberg City Clerk Teresa M. Soroka, MMC City Attornev Weiss Serota Helfman Pastoriza Cole & Boniske JUNE 1, 1~~~ ~ P,M. Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: May 5, 2009 Commission Meeting May 14,2009 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA DECLARING CERT AIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND THE CITY OF A VENTURA; PROVIDING MERIT BONUS; PROVIDING AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED INTERLOCAL AGREEMENT June 2, 2009 BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI- DADE COUNTY FOR P ARTICIP A TION IN THE MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA A WARDING AND LETTING A BID/CONTRACT FOR BID NO. 09-05-05-2, WEST COUNTRY CLUB DRIVE AND A VENTURA BOULEVARD RIGHT TURN LANE IMPROVEMENTS, TO KMC CORPORATION AT THE BID PRICE OF $88,308.50; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA ADOPTING CHAPTER 6.6 OF THE ADMINISTRATIVE POLICY DIRECTIVES AND PROCEDURES MANUAL, AS ATTACHED HERETO, ENTITLED "INVESTMENT OBJECTIVES AND PARAMETERS" AS THE CITY'S INVESTMENT POLICY FOR THE MANAGEMENT OF PUBLIC FUNDS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A RESOLUTION OF THE CITY OF A VENTURA, FLORIDA, CONCERNING AN APPEAL PURSUANT TO SECTION 31-83 OF THE CITY CODE FROM A WRITTEN ORDER, REQUIREMENT, DECISION, DETERMINATION OR INTERPRETATION MADE BY AN ADMINISTRATIVE OFFICIAL IN ENFORCEMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS RELATING TO PROPERTY AT 3560 NE 191 STREET, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING-PUBLIC INPUT: None. 2 June 2, 2009 8. ORDINANCES: SECOND READING/PUBLIC HEARING: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR TWO PARCELS LOCATED ON WEST COUNTRY CLUB DRIVE, CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF A VENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM B2, COMMUNITY BUSINESS DISTRICT TO ROS, RECREATION OPEN SPACE AND BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", FROM ROS, RECREATION OPEN SPACE TO B2, COMMUNITY BUSINESS DISTRICT; APPROVING THE THIRD AMENDMENT TO RESTRICTIONS RELATING TO THE GOLF COURSE AND COUNTRY CLUB PARCELS; ACCEPTING THE DECLARATION OF RESTRICTIONS CONTAINING THE APPLICANT'S PROFFER OF SITE IMPROVEMENTS AND OTHER RESTRICTIONS ON THE PARCEL DESCRIBED IN EXHIBIT "B"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 3 June 2, 2009 C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ADOPTING A TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT, THE INFRASTRUCTURE ELEMENT, THE CAPITAL IMPROVEMENTS ELEMENT, THE INTERGOVERNMENTAL CO-ORDINATION ELEMENT AND THE CONSERVATION & COASTAL MANAGEMENT ELEMENT OF THE CITY OF A VENTURA COMPREHENSIVE PLAN TO IMPLEMENT THE CITY OF A VENTURA TEN-YEAR WATER SUPPLY FACIILTIES WORK PLAN REQUIRED PURSUANT TO CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS - PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF A VENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2009/10 TO 2013/14 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP JUNE 18,2009 9 AM 5th FLR EX. CONF. ROOM COMMISSION MEETING JULY 7, 2009 6 PM COMMISSION CHAMBER This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 4 A~ . ~, MINUTES CITY COMMISSION MEETING MAY 5, 2009 (following 6 p.m. LPA) Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:45 p.m. immediately following the 6 p.m. LPA meeting by Mayor Susan Gottlieb. Present were Commissioners lev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led during LPA. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Vice Mayor Holzberg, passed unanimously and the following action was taken: A. The following minutes were approved: April 14, 2009 Commission Meeting April 23, 2009 Commission Meeting April 23, 2009 Workshop Meeting B. Resolution No. 2009-24 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOL.UTION; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2009-25 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY ON BISCAYNE BOULEVARD FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI- DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. None. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34. All witnesses givi':lg testimony in these hearings were sworn in by the City Clerk. Mr. Wolpin advised that both ordinances would be addressed in the same hearing but voted on separately, read the quasi-judicial proceedings and the following ordinances by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR TWO PARCELS LOCATED ON WEST COUNTRY CLUB DRIVE, CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM B2, COMMUNITY BUSINESS DISTRICT TO ROS, RECREATION OPEN SPACE AND BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF LAND 2 LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", FROM ROS, RECREATION OPEN SPACE TO B2, COMMUNITY BUSINESS DISTRICT; APPROVING THE THIRD AMENDMENT TO RESTRICTIONS RELATING TO THE GOLF COURSE AND COUNTRY CLUB PARCELS; ACCEPTING THE DECLARATION OF RESTRICTIONS CONTAINING THE APPLICANT'S PROFFER OF SITE IMPROVEMENTS AND OTHER RESTRICTIONS ON THE PARCEL DESCRIBED IN EXHIBIT "B"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval of item 7-A, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to these items given at the preceding Local Planning Agency meeting, was offered by Vice Mayor Holzberg, and seconded by Commissioner Joel. The motion passed unanimously by roll call vote. A motion for approval of item 7 -B, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to these items given at the preceding Local Planning Agency meeting, was offered by Commissioner Auerbach, and ~econded by Commissioner Diamond. The motion passed unanimously by roll call vote. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 6 "EFFECTIVE DATE" FROM APRIL 1, 2009 TO SEPTEMBER 30, 2009 OF ORDINANCE NO. 2008-08 ADOPTED ON APRIL 8, 2008, AS AMENDED BY ORDINANCE NO. 2009-04 ADOPTED ON FEBRUARY 3, 2009, WHICH ORDINANCE ESTABLISHED A TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN THE CITY OF AVENTURA; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Stern, and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being 3 no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2009-08 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE II "CITY COMMISSION AND MAYOR" OF CHAPTER 26 "ELECTIONS" OF THE CITY CODE OF THE CITY OF AVENTURA BY AMENDING SECTION 26-31 "TIME AND MANNER OF QUALIFICATION OF CANDIDATES", BY AMENDING SECTION 26-32 "COMMENCEMENT OF TERM OF ELECTED OFFICIALS", BY AMENDING SECTION 26-34 "EARLY VOTING"; AND AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 2 "ADMINISTRATION" BY AMENDING SECTION 2-2 "APPOINTMENT OF VICE MAYOR" IN ORDER TO ENSURE CONSISTENCY WITH RECENTLY AMENDED CITY CHARTER SECTION 2.03 "ELECTION AND TERM OF OFFICE" AND CITY CHARTER SECTION 5.03 "ELECTIONS" WHICH REVISED THE DATE OF GENERAL MAYORAL AND COMMISSION ELECTIONS; PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg, and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2009-09 was enacted. C. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-15 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2008/2009 FISCAL YEAR BY REVISING THE 2008/2009 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Diamond, and seconded by Commissioner Weinberg. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2009-10 was enacted. 4 D. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2009/10 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg, and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2009-11 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 5 A~ . ~~, MINUTES CITY COMMISSION WORKSHOP MEETING May 14, 2009 - 9 AM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9:00 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez Weinberg (arrived at 9: 10), Vice Mayor Teri Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. CAPITAL IMPROVEMENT PROGRAM 2009-2014 BRIEFING (City Manager): Mr. Soroka reviewed a powerpoint presentation outlining this document and addressed Commission questions and concerns. CITY MANAGER SUMMARY: Consensus to proceed and address resolution for approval at June Commission meeting. 2. PROJECT UPDATES (Citv Manaqer): Mr. Soroka reviewed the Investment Program, Arts and Cultural Center facility, construction of additional classrooms for ACES, and the implementation of social networking for distribution of information only. CITY MANAGER SUMMARY: No action necessary. 3. CITY MANAGER REVIEW (Commissioner Joel): Commissioner Joel discussed the City Manager's evaluation. He reviewed the recommendation outlined in his memo, with the amendment that the 3% COLA increase be included. CITY MANAGER SUMMARY: Consensus to approve and that Commissioner Joel conduct the 2010 evaluation of the City Manager and make recommendation to the Commission. 4. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 10:05 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission DATE: May 20, 2009 FROM: Eric M. Soroka, ICMA-CM, City SUBJECT: Resolution Declaring Equipment Surplus June 2, 2009 Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS/act Attachment CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM FROM: Robert M. Sherman, Director of Community Servi TO: Eric M. Soroka, ICMA-CM, City Manager DATE: May 13, 2009 SUBJECT: Surplus Property Please have the City property listed below declared as Surplus Property as these items have become cost prohibited to maintain and inadequate for department purposes: Model Serial # 20907453 086C1882 AssetTa N/A N/A N/A XL-F154bk RMS/gf RMS09022 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Steven Steinberg, Chief of Police DATE: 28 May 2009 SUBJECT: Surplus Property I would like to have the below listed city property declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items have become inadequate for public purposes: 2003 2FAFP71VV73X167520 Crown Victoria 2004 2FAFP71VVX4X124730 Crown Victoria RESOLUTION NO. 2009-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "An has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "An through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner _' who moved its adoption. The motion was seconded by Commissioner _, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2009- Page 2 PASSED AND ADOPTED this 2nd day of June, 2009. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIEN91Y: rv1f ~ CITY ATTORNEY Agenda Item 5-C RESOLUTION NO. 2009-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND THE CITY OF AVENTURA; PROVIDING MERIT BONUS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Employment Agreement (the "Agreement") between the City Manager and the City of Aventura (the "City") provides for an annual evaluation of the performance of the City Manager in accordance with Section 1.4 of the Agreement; and WHEREAS, the City Commission has conducted an evaluation of the City Manager's performance and finds that the City Manager's performance is excellent; and WHEREAS, the City Commission desires to grant a merit bonus and other benefits to the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Effective June 3, 2009, the City Manager is hereby granted a net bonus of $20,000. Section 2. The Seventh Amendment to Employment Agreement, a copy of which is attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized, in their respective capacities, to execute such Seventh Amendment to Employment Agreement on behalf of the City. Section 3. This Resolution shall take effect immediately upon adoption. The foregoing resolution was offered by Commissioner _' who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2009- Page 2 PASSED AND ADOPTED this 2nd day of June, 2009. SUSAN GOTTLIEB, MA VOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVr.:? ~L SUFFICIEN<;:\ CITY ATIORNEY ~ SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT THIS SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into this 2nd day of June, 2009, by and between the City of Aventura (the "City") and Eric M. Soroka, City Manager ("Soroka" or "City Manager"). WHEREAS, on April 19, 1996, the parties entered into the Employment Agreement (the "Agreement") providing the terms and conditions of Soroka's employment as City Manager of City, which Agreement was amended on July 21, 1997, June 4, 2002, June 1, 2004, June 7, 2005, June 6, 2006, and June 3, 2008; and WHEREAS, in accordance with the annual evaluation conducted by the City Commission pursuant to Section 1.4 of the Agreement, the parties desire to further amend the Agreement as provided in this Seventh Amendment to Employment Agreement (the "Seventh Amendment to Agreement"); and NOW, THEREFORE AND IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE CITY AND CITY MANAGER AGREE THAT THE AGREEMENT, AS PREVIOUSLY AMENDED, IS HEREBY FURTHER AMENDED, AS FOLLOWS: Section 1. That Section 1.9 "Leave" of the Agreement is hereby amended by adding the following provision: Upon the City Manager's 15th year of service with the City, the accumulated sick leave payout cap shall be 1,000 hours. Section 2. City and City Manager further agree that all other terms and conditions contained in the Amended Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and City Manager have caused this Seventh Amendment to Agreement to be signed and executed, in duplicate, the day and year first above written. City Manager City of Aventura Eric M. Soroka Susan Gottlieb, Mayor Attest: Approved as to form and legal sufficiency: Teresa M. Soroka, MMC, City Clerk City Attorney CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission ~ r-1 FROM: Eric M. Soroka, ICMA-CM, Ci*fnager BY: +ian K. Raducci, Finance Director DATE: May 19, 2009 SUBJECT: Interlocal Agreement Between the City and the County for Participation in the Municipal Parking Fines Reimbursement Program. June 2,2009 City Commission Meeting Agenda Item S-j) RECOMMENDATION It is recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute the attached lnterlocal Agreement between the City and Miami-Dade County for the participation in the Municipal Parking Fines Reimbursement Program. BACKGROUND The City was recently informed by Miami-Dade County that they have a program to improve accessibility and equal opportunity to qualified persons who have disabilities and to conduct disability public awareness programs. The program requires that an Affidavit be submitted annually from the municipality's Chief Administrative Official which states that the funds reimbursed shall be used in accordance with the above. In order to be eligible to participate in the program, there is a one-time requirement to complete the enclosed Interlocal Agreement and return it to the Office of ADA Coordination by June 30, 2009. It is the County's goal to increase participation in the program in order to get these monies back into the communities where they can be used to fund programs for persons with disabilities. Additionally, it is hoped that more reimbursements create additional incentives to enforce the accessible parking laws, thus freeing up more spaces for those who are entitled to use them. Reimbursements to municipalities are based on a percentage of revenue collected during Fiscal Year 07-08 that is determined by calculating the total amount paid on tickets issued in a municipality divided by the total number of tickets paid county-wide. 1 Funding estimates include a percentage of the carryover monies that were not distributed to any municipalities in the previous year. In accordance with Section 30-447 of the Code of Miami-Dade County, parking fine money generated from the misuse of marked spaces for people with disabilities is used in the following manner: . One third of the money is used to defray Clerk of Courts administrative expenses; and · Two-thirds of the money is used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons and to provide funds to conduct public awareness programs concerning physically disabled persons. Of this amount, 30% is retained by the County for county-wide purposes, in accordance with State law, and 70% is allocated to the governmental entity having jurisdiction over the violation. This year the City's share of these funds totals $9,710.00. The City plans on using these funds for two (2) new handicap ramps and a special emphasis crosswalk at the West Country Club Drive and Aventura Boulevard Right Turn Lane project. Any remaining funds will be utilized to replace or repair any damaged ADA HC ramps. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR/bkr 2 HIAH~ tmmmiiIJ ADA COOIdinalton Office of County Manager 111 NW 1 st Street · Suite 2910 Miami, Florida 33128-1994 T 305-375-5311 miamidade.gov Agenda Coo<dinotion Ad in Public Places Audiland Matlilgemenl Service< Aviation Eric M. Soroka, City Manager Building Code Compliance City of A ventura Building Office of the City Manager Busin... Developmen1 19200 W. Country Club Dr. Capilallmpnwements Aventura. FL 33180 Gllzen's l~nt Transpoftalion Trust Community Action Age-ncy CommunfcOllion'i Dear Mr. Soroka: Commun~y & Economic Development Community Relations. Consumer ServiC-t'S Co"eclions & Rehabili...'ion Counlywide Heahhca.e Planning Cuftur_1 Affai:rs Elec.ions Emeogency Managemen1 Employee Relalions EnIe'P'ise Technology Se1vices (Rv.rORmenlal Resources Management F.air Employment Practices Finance- f,re ReKue Ge:rteQl SefYICe-s Administration Hisklric Pres:erv.alion Ho-melrss frUit I am pleased to advise you that Miami-Dade County is commencing the process for the Fiscal Year 08-09 ParKing Fines Reimbursement Program. The program requires that an Affidavit (see enclosed template) be submitted annuaJly from the municipartty's chief administrative offICial. The Affidavit states that the funds reimbursed shall be used to improve accessibility and equal opportunity to qualified persons who have disabilities in the municipality and to conduct disability.public awareness programs. In order to be eligible to participate in the program, there is a one-time requirement to complete the enclosed Inter10cal Agreement and retum it to the Office of ADA Coordination. It is our goat to increase participation in the program in order to get these monies back into the communities where they can be used to fund programs for persons with disabHities. Additionally. it is hoped that more reimbursements create additional incentives to enforce the accessible parking laws, thus freeing up more spaces for those who are entitled to use them. HovsingAgency The combination of fines collected in the previous fiscal year, and unspent funds l-IousingFitlilnceAulhorily from other municipalities, makes available an amount of $9,710.00 for which the Human Services City of Aventura may apply. The deadline for submission of the affidavit and Independent Review Panel interlocal agreement is June 30. 2009. lnwm,'klnal Trade Con~ortium Jc.wMile Asseswnenl Center .Medic~1 [xaminer Metropolitan Planning Organization Park and Recrea.ion Pl.Jnning.nd Zoning Police Procu..-ement Propeny Ap"'dise. Public tibra,y System Public Wo,ks Safe Neighborhood Parks Seaport Solid Waste Management Sualegi<: Business Matlilgement rifam ME'tro Urban R~iI3riz.atfOn Task forCe' ViU.ayoi Museum .lnd G.lrdeons W~Ie-J and SewtN' Reimbursements to municipalities are based on a percentage of revenue collected during Fiscal Year 07-08 that is determined by calculating the total amount paid on tickets issued in a municipality divided by the total number of tickets paid countywide. Funding estimates indude a percentage of the carryover monies that were not distributed to any municipalities in the previous year. Tf.nsil In accordance with Section 30-447 of the Code of Miami-Dade County, parking fine money generated from the misuse of marked spaces for people with disabilities is used in the following manner: . One-third of the money is used to defray Clerk of C~istratiVe expenses; and APR 'i ,uU9 OFRCE Of THE cnv MANN* Parking Fines Reimbursement Program Page 2 . Two-thirds of the money is used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons and to provide funds to conduct public awareness programs concerning physically disabled persons. Of this amount, 30 percent is retained by the County for countywide purposes, in accordance with State law, and 70 percent is allocated to the governmental entity having jurisdiction over the violation. If you need additional information regarding the Parking Fines Reimbursement Program, please contact Office of ADA Coordination Director Heidi Johnson-Wright at 305-375-3566,111 N.W. 1 Street, Suite 348, 1il1 Floor, Miami, Florida 33128. Sincerely, ~.~ County Manager Enclosures C: Wendi J. Norris, Director, General Services Administration Jennifer Glazer-Moon, Director, Office of Strategic Business Management INTERLOCAL AGREEMENT This agreement is entered into this day of year, by and between Miami-Dade County, Florida, a political subdivision ofthe State of Florida (the "County") and City of Aventura (the "municipality"), a municipal corporation organized and existing under the laws of the State of Florida. WITNESSETH WHEREAS, Section 316.008 Florida Statutes, and Section 30-447. Code of Miami-Dade County, authorizes the charging of fines for misuse of specially marked parking spaces for people with disabilities, and WHEREAS, Miami-Dade County proposes to distribute said fines under the provisions of Section 30-447 of the Code of Miami-Dade County, Florida. NOW THEREFORE in consideration of the covenants contain herein, the parties agree as follows 1. This agreement shall become effective upon its execution by the authorized officers of the parties and will continue annually upon agreement by both parties. 2. The allocation of the disabled parking fine monies shall be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons and to provide funds to conduct public awareness programs concerning physically disabled persons. 1 3. The parties shall annually submit an affidavit sworn by the chief administrative official of the municipality to the Miami-Dade County Office of Americans with Disabilities Act Coordination, hereinafter known as the "ADA Office". 4. The affiant will affirm that expenditures meet the following criteria: a. The funds reimbursed shall be used to improve accessibility and equal opportunity to qualified persons who have disabilities in the municipality and to conduct public awareness programs in the municipality concerning persons who have disabilities. b. If only a portion of the project or program is being promoted to benefit people with disabilities, then only that portion of the project or program may be funded with these monies. 5. The parties agree to follow the terms and conclusions regarding payment as follows: a. The percentage for distribution shall be calculated by the County annually. Each year the County shall notifY all municipalities of the percentages of distribution of the disabled permit parking fme money for the upcoming annual period. The percentage for distribution to the County and to the municipalities is based on a percentage of total revenue which is determined by calculating the total number of fines paid county-wide. Funding estimates include a percentage of the monies which were not distributed to any municipalities in the previous year. 2 b. The County agrees to pay the municipality under this agreement based on a payment schedule agreed upon by the Office of ADA Coordination, accompanied by such documentation as requested. c. In no event shall County funds be advanced to any subcontractor hereunder. d. The parties shall return funds to the Clerk of the Board if the project is not successfully completed and shall allow the Office of ADA Coordination to audit projects and conduct site visits. Any such audits or inspections shall be conducted in such manner and at such times so as not to unreasonably interfere with the day- to-day operation of the parties. e. The County may amend the terms of this agreement from time to time, as it may deem necessary. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers on the date hereinabove first mentioned. ATTEST: MIAMI-DADE COUNTY, FLORIDA By: Harvey Ruvin, Clerk Carlos Alvarez, Mayor 3 ATTEST: CITY OF , FLORIDA City Clerk (Official Seal) By: Eric M. Soroka City Manager 4 (Date) GENERAL AFFIDAVIT State of Florida County of BEFORE undersigned Notary. [name of Notary [day of month] day of personally appeared [name of affiant). known to me to be a credible person and of lawful age. who being by me first duly sworn, on [his or her] oath. deposes and says: ME, the before whom affidavit is sworn], on this [month], 20-, The municipal parking fines funds reimbursed shall be used to improve - accessibility and equal opportunity to qualified persons who have disabilities in the municipality and to conduct public awareness programs in the municipality concerning persons who have disabilities. If only a portion of the project or program is being promoted to benefit people with disabilities, then only that portion of the project or program will be funded with these monies. The municipality shall return funds to the Clerk of the Board if the project is not successfully completed and shall allow the Miami-Dade County Office of ADA Coordination to audit projects and conduct site visits. Any such audits or inspections shall be conducted in such manner and at such times so as not to unreasonably interfere with the day-to-day operation of the parties. [setforth affiant's statement offacts] [signature of affiant] 1 [typed name of affiant) [address of affiant, line 1] [address of affiant, line 2) State of Florida County of Sworn to (or affmned) and subscribed before me this (year), by statement). day of . (name of person making (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced 2 RESOLUTION NO. 2009-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR PARTICIPATION IN THE MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. The City Manager is hereby authorized to execute and otherwise enter into the attached Interlocal Agreement by and between the City of Aventura and Miami-Dade County for participation in the Municipal Parking Fines Reimbursement Program. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner adoption. The motion was seconded by Commissioner to a vote, the vote was as follows: , who moved its , and upon being put Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2009- Page 2 PASSED AND ADOPTED this 2nd day of June, 2009. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIE~: K~ CITY ATTORNEY SUSAN GOTTLIEB, MAYOR .. . CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM BY: Antonio F. Tomei, Capital Projects TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City DATE: May 21,2009 SUBJECT: Bid No: 09-05-05-2 West Country Club Drive & Aventura Boulevard Right Turn Lane June 2, 2009 City Commission Meeting Agenda Item 5''' E Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 09-05-05-2, West Country Club Drive & Aventura Boulevard Right Turn Lane Improvements to the lowest responsible and responsive bidder, KMC Corporation for the price of $88,308.50. This project was included in the Capital Improvement Program with a budget of $182,000 and will be funded by Budget Line Item Number 001-8050- 541-6341. Backaround In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on May 5, 2009. The City received fifteen (15) bids for this project. The three (3) lowest bids were reviewed. KMC Corporation Budget Construction Co., Inc. Williams Paving Co., Inc. $88,308.50 $89,512.50 $99,986.55 This bid price allows for construction of a southbound right turn lane on West Country Club Drive at Aventura Boulevard, traffic and pedestrian signal modifications, drainage modifications, pavement markings and signage. If you have any questions or need any additional information, please feel free to contact me. MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES, INC. Date: May 19,2009 To: Tony Tomei, City of Aventura - Capital Projects Manager From: Kevin Hart, P .E., Consulting Engineer Reference: West Country Club Drive & A ventura Boulevard - Right Turn Lane Bid Package Review - Bid Number 09-05-05-2 At your request, we have reviewed the bid results for the above referenced project and have checked the references for the apparent low bidder KMC Corporation. We spoke with representatives from National Constructors, Inc., Mike Carter Construction, and Imburgia Construction Services. Each organization gave KMC Corporation a positive reference and described them as a competent and good company. None of the organizations related any problems in their dealings with KMC Corporation. KMC Corporation has performed similar types of roadway and drainage work and is qualified to perform the work indicated in the bid plans. Based on my review of the bids and the results of the reference checks, I would recommend awarding the contract for this project to KMC Corporation as the lowest responsive, responsible bidder in the amount of $88,308.50. If you have any questions or require any additional information, please call. SECTION 00410 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT GENERAL REQUlRElVIENTS Item Quantity Description Unit Unit Price Extended Cost GENERAL GENERAL CONDITIONS LS $ (, ".so .~O $ ~ ;Z~() ..:>lJ I 2 MOBILIZA nON LS $ '2,0 DC' ." $ '2 , oco ...0 3 MAINTENANCE OF TRAFFIC LS $ 5", cee . 00 $ ~ooo,o'" SUB- TOTAL $ J:l 2.~ 0 ' ~ " J DEMOLITION 4 190 REMOVE TYPE "F" CURB AND LF $ 1.00 $ :J 80 ...." GUTER 5 30 REMOVE ASPHALT FLUME SY $ '3."0 $ "10'U() 6 50 REMOVE CONCRETE SIDEWALK SY $ I 8 I DO $ qOO'v.:> SUB-TOTAL $ J I 1 ?t> ' c.>o ROADWAY IMPROVEMENTS 7 410 12" STABILIZED SUB GRADE SY $ ~,oo $ 2,. t>So .v" 8 380 8" LIMEROCK BASE SY $ q.vo $ :JILI].o ,c", West Country Club Drive and Aventura Boulevard Right Turn Lane City of Aventura Bid No. 09-05-05-2 CTA Project No. 01-0103.108 00410 - 4 9 355 2" ASPHALT (TYPE S-ID) SY $ 1~.7S $ ~ "'J4(., . .z5' 10 385 TYPE "F" CURB AND GUTTER WI LF $ If.DO $ (" "f:3 0 . 00 4" CURB PAD 11 27 7' CONCRElE SIDEWALK LF $ ;35' "0 $ 'ILl ~,,,t> 12 2 ADA PEDESTRIAN RAMP WI EA $ 'ISO' 00 $ ~ 00 . 00 DElECTABLEW~GS SUB- TOTAL $ to ,cU. 2.S- t STORM DRAINAGE 13 TYPE M-4 MANHOLE EA $ -2.( ") 50..00 $ '2 I 75"0 ,.... 14 44 15" RCP LF $ '-I7'vO $ 1. OfJ'8,t'i1 I 15 36 8' X 4' EXFll.TRATION TRENCH LF $ u> I . uo $ 3, {., :J (" .00 WI IS" SLOTlED RCP 16 CORE DRILL AND CONNECT TO EA $ I, 000. "I> $ I,()~ .1/1<> EXISTING DRIANAGE SJRUCTURE 17 CONVERT CATCH BASIN TO P-5 EA $ .3/ SOO . Oc) $ 3; r-tJo,t>o DRAINAGE INLET SUB-TOTAL $ 12 <<J S'JI . 00 ;' P A VEMENf MARKINGS 18 4 RELOCAlE EXISTING TRAFFIC EA $ 75",1:>i1 $ 300,00 SIGN 19 36 SOLID TRAFFIC STRIPE (24" LF $ .(',00 $ j-PO ,00 WIlllE) (TIIERMOPLASTIC) 20 526 SOLID TRAFFIC STRIPE (6" LF $ /,00 $ ~ 2 t ,(J.. WIlllE) (TIIERMOPLASTIC) 21 218 SOLID TRAFFIC STRIPE (8" LF $ i.~o $ ~ '2 7.00 WllllE) (TIIERMOPLASTIC) 22 50 SKIP TRAFFIC STRIPE (6'-10', 6" LF $ j. ~O $ ") S-,OO WIlllE) (TIIERMOPLASTIC) West Country Club Drive and A ventura Boulevard Right Turn Lane City of Aventura Bid No. 09-05-05-2 CTA Project No. 01-0103.108 00410 - 5 23 50 SOLID TRAFFIC STRIPE (6" LF $ J ,00 $ .5"0,00 YELLOW) (THERMOPLASTIC) 24 126 SPECIAL EMPHASIS CROSSWALK LF $ 2,00 $ I( 001.00 25 9 DIRECTIONAL ARROWS EA $ 7 S;,OO $ r., 7 S'. 00 (THERMOPLASTIC) 26 31 REFLECTIVE P A YEMENI EA $ G ,00 $ J ~ f.J .00 MARKERS PERMANENT (BI-DIRECTIONAL ) YELLOWIYELLOW 27 22 REFLECTIVE PAVEMENT EA $ Z.....:> $ J 1& .00 MARKER PERMANENT (CLASS B) (BI -DIRECTIONAL )(CLEARlRED) SUB-TOTAL $ 35"03.00 ( LANDSCAPING/ IRRIGATION 28 4 RELOCATE EXISTING TREE EA $ :3 00 .00 $ if 200 "H::> 29 RELOCATE EXISTING LS $ 1,000.00 $ ),000.00 IRRIGATION 30 75 IMPORT FILL FOR SODDED AREA CY $ .2. 5' . 00 $ J /l7S, 00 31 585 SOD SY $ L.j.Sc $ 2, ~ ;I 2 . !$;6 SUB- TOTAL $ (;, 707 .S'o TRAFFIC SIGNALIZATION 32 300 DIRECTIONAL BORE (LESS THAN LF $ '-1, '-( 2- $ (", 7 (.(. .0(:1 6 INCHES) 33 SIGNAL CABLE PI $ ::1,:>5"0,00 $ 3, '3 5'"0 ,oc> 34 5 PULL BOX EA $ '} "17. S't> $ .:3. 7'> J . '5;6 ; 35 5 TRAFFIC SIGNAL, 3 SECTION, 1 AS $ I, 0 7'2 ' S''' $ ~, '3 (,'Z . S' 6 WAY (HORIZONTAL) (LED) 36 TRAFFIC SIGNAL, 5 SECTION, I AS $ ! (, J 0 . 00 $ I , ~ 10.00 WAY (HORIZONTAL) (LED) 37 PEDES1RlAN SIGNAL (LED, EA $ q'LO'''o $ e:J2.0 ,DO COUNTDOWN) West Country Club Drive and A ventura Boulevard Right Turn Lane City of Aventura Bid No. 09-05-05-2 CTA Project No. 01-0103.108 00410 - 6 38 SIGNAL HEAD AUXILIARIES EA $ 1,100<>0 $ 'I t 00-,00 (ALUMINUM PEDESTAL) (MODIFICATION) 39 LOOP DETECTOR, INDUCTNE EA $ 2. <67.5'0 $ ,-~7,SO (TYPE 9, 2 CH) 40 2 LOOP ASSEMBLY, TYPE A (6' X AS $ I, 3. S-O ,0<> $ 2. I ?l>o.QO 30') 41 1 PEDESTRIAN DETECTOR EA $ ZOf.1.~ $ Z.OJ.'1.s'""" 42 MODIFICATION OF EXISTING AS $ ~ I~OO ..,., $ "2. / '2. 00 '.... TRAFFIC CON1ROLLER ASSEMBLY 43 5 REMOVE TRAFFIC SIGNAL HEAD EA $ S:-7 . $C> $ .2&7.5"0 ASSEMBLY 44 REMOVE PEDES1RIAN SIGNAL EA $ S"?, ~o $ S 7.S0 HEAD ASSEMBLY 45 1 REMOVE SIGNAL PEDESTAL EA $ :J LIS' 00 $ 2 If S-. D<> 46 4 STANDARD PEDES1RIAN SIGNS EA $ /I S .00 $ I{ ~ tJ ."0 (FURNISH AND INSTALL) 47 21 REFLECTIVE P A VElvlENT EA $ &J. zo $ 14t1.,o MARKERS PERMANENT 48 2 PAVE:MENTMESSAGES [(ONLY/ EA $ 25'2, SC> $ SDS' UO MERGE/SCHOOL/RR) (THERMOPLASTIC)] 49 30 TIIERMOPLASTIC (WHITE) LF $ (,10 $ (, q.oo (SOLID) (6 INCHES) 50 32 REMOVAL OF EXISTING SF $ G , t:1o $ L'l0.80 THERMOPLASTIC PAVEMENT MARKINGS SUB- TOTAL $ :Jof '3'32 . 7~ TOTAL VALUE OF BID $ i'S', 3o~ . so West Country Club Drive and Aventura Boulevard Right Turn Lane City of Aventura Bid No. 09-05-05-2 CTA Project No. 01-0103.108 00410 - 7 SIGNATURE PAGE FOR A CORPORATION By: J<M L (or- POl' o.-h 0('\ (Corporation Name) F 'orid" By: Dy /"',.., (State of Incorporation) FJ;""5 e f'" eN ame of Person Authorized to Sign) \)fJ;;e-rT--;:~R.--eJ ; de" 1- // C~:.'-:':-~::'1i~;..>, (Title) / ~<.(J / ~? t) l2 -t :'"__,. 1_-";...,, \, i .'1 0'. ,'<L" '\ ,- \ i \'"'!( ,- , . .'.(' ':'\ /" \....... .. \ (dorP.orat~~}L \ 'I '\ 2,}U'j ) : \. \ v " I \ \ / / . '...... _-... t-;..., / I ~\-I~' / '. ' ,-~ Attest. ,_ ". ... / o Business address: '1. 0 S .W.1. 1 ~ live.. S...., " k 300 Po,... 'Po,.. () lJe.o.c,)... Fl. .::1'30(,7 Phone No: '1.5'1- ~('c;- ~8oo Facsimile No: qs,"/- '7(,,9- 7~~?.. W est Country Club Drive and A ventura Boulevard Right Turn Lane City of Aventura Bid No. 09-05-05-2 eTA Project No. 01-0103.108 00410 - 10 ./ l<L-N;l..l.f) f;NC\'f..(t.. (President) RESOLUTION NO. 2009-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 09-05-05-2, WEST COUNTRY CLUB DRIVE AND AVENTURA BOULEVARD RIGHT TURN LANE IMPROVEMENTS, TO KMC CORPORATION AT THE BID PRICE OF $88,308.50; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 09-05-05-2, West Country Club Drive and Aventura Boulevard Right Turn Lane Improvements; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the projectlwork as cited above; and WHEREAS, staff has determined that KMC Corporation has submitted the lowest responsible and responsive bid for said projectlwork; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Resolution No. 2009-_ Page 2 Section 1: That bid/contract for BID NO. 09-05-05-2, West Country Club Drive and Aventura Boulevard Right Turn lane Improvements, is hereby awarded to KMC Corporation in the amount of $88,308.50. Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget line Item Number 001-8050-541-6341. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stem Commissioner luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2009- Page 3 PASSED AND ADOPTED this 2nd day of June, 2009. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROV~D AS 10 LEGAL SUFFICIENCY: ~~~ CITY ATTORNEY CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission /' r-I FROM: Eric M. Soroka, ICMA-CM, City Ma~r BY: +an K. Raducci, Finance Director DATE: May 22,2009 SUBJECT: Adoption of Chapter 6.6 of the Administrative Policy Directives and Procedures Manual, entitled "Investment Objectives and Parameters" as the City's Investment Policy for the Management of Public Funds. June 2, 2009 City Commission Meeting Agenda Item SF RECOMMENDATION It is recommended that the City Commission adopt the attached resolution adopting Chapter 6.6 of the Administrative Policy Directives and Procedures Manual, entitled "Investment Objectives and Parameters" as the City's Investment Policy for the Management of Public Funds. BACKGROUND As was discussed at the May 14th Commission Workshop, the City has recently engaged the services of a Professional Investment Manager ("MBIA") to manage the City's Public Funds Investment Portfolio. In these very difficult economic times it is imperative that our investments be properly managed and diversified to ensure: 1. Safety of Capital 2. Liquidity of Funds 3. Investment Income Until recently, the City had historically invested their excess funds in the Florida State Board of Administration ("SBA") a Local Government Surplus Funds Trust Fund Investment Pool. Due to the recent issues experienced by the SBA and elsewhere in the financial sector, the City is looking to diversify its funds in a prudent manner that better insulates the City against adverse market conditions. 1 In accordance with Section 218.415, F .S. the City must invest its surplus funds consistent with a written investment plan adopted by the governing body (the City Commission). The purpose of this policy is to set forth the investment objectives and parameters for the management of public funds of the City. These policies are designed to ensure the prudent management of public funds, the availability of operating and capital funds when needed and a competitive investment return. This investment policy applies to the investment of public funds in excess of amounts needed to meet current expenses, which includes cash and investment balances of City funds. This policy does not apply to the City's pension funds, including those funds in chapters 175 and 185 or funds related to the issuance of debt where there are other existing policies or indentures in effect which govern the investment of such funds. Please note that this policy has been drafted from similar policies that are currently utilized by local municipalities and has been reviewed by both the City Attorney and MBIA to ensure that it complies with all applicable F.S. guidelines. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR/bkr 2 RESOLUTION NO. 2009-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA ADOPTING CHAPTER 6.6 OF THE ADMINISTRATIVE POLICY DIRECTIVES AND PROCEDURES MANUAL, AS ATTACHED HERETO, ENTITLED "INVESTMENT OBJECTIVES AND PARAMETERS" AS THE CITY'S INVESTMENT POLICY FOR THE MANAGEMENT OF PUBLIC FUNDS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. The City Commission hereby adopts Chapter 6.6 of the Administrative Policy Directives and Procedures Manual, as attached hereto, entitled "Investment Objectives and Parameters" as the City's Investment Policy for the management of public funds. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2009- Page 2 PASSED AND ADOPTED this 2nd day of June, 2009. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA 6 6 1 ADMINISTRATIVE POLICY DIRECTIVES Chapter # Sub Page AND PROCEDURES MANUAL Date May 22, Issued: ~ 2009 I CHAPTER: FINANCE, BUDGET & PURCHASING APPROVED: o ~ L City Man~;r V SUBJECT: INVESTMENT OBJECTIVES AND PARAMETERS PURPOSE The purpose of this policy is to set forth the investment objectives and parameters for the management of public funds of the City. These policies are designed to ensure the prudent management of public funds, the availability of operating and capital funds when needed and a competitive investment return. I. SCOPE This investment policy applies to the investment of public funds in excess of amounts needed to meet current expenses, which includes cash and investment balances of City funds. This policy does not apply to the City's pension funds, including those funds in chapters 175 and 185 or funds related to the issuance of debt where there are other existing policies or indentures in effect which govern the investment of such funds. This policy shall be construed and applied so as to comply with Section 218.415, F.S. II. INVESTMENT OBJECTIVES Investment objectives include safety of capital, liquidity of funds and investment income, in that order. The following objectives will be applied in the management of the City's funds: A. Safety of Capital The primary objective of the City's investment program is the protection of public funds. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 1. Credit Risk - The City will minimize credit risk, the risk of loss due to the failure of the security issuer or backer, by: a) Limiting investments to the safest type of securities; b) Pre-qualifying the financial institution, broker/dealer, intermediaries and advisors with which the City will do business; c) Diversifying the investment portfolio so that potential losses on individual securities will be minimized. 2. Interest Rate Risk - The City will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates, by: APDP 6.6.2 a) Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; b) Investing operating funds primarily in shorter-term securities, money market mutual funds or similar investment pools. B. Liquidity of Funds The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets. A portion of the portfolio also may be placed in money market mutual funds or local government investment pools which offer same-day liquidity for short-term funds. C. Investment Income The City's investment portfolio shall be designed with the intent of attaining a market rate of return throughout the budgetary and economic cycles, taking into account the City's investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. III. PERFORMANCE MEASUREMENT The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a market average rate of return during a market/economic environment of stable interest rates while insuring sufficient liquidity within the portfolio. The short-term investment portfolio shall be designed with the annual objective of exceeding the return of the Florida State Board of Administration LGIP. The long-term investment portfolio shall be designed with the annual objective of exceeding the return of the Merrill Lynch 1-3 Year Treasury/Agency Index compared to the portfolio's total rate of return. The Merrill Lynch 1-3 Year Treasury/Agency Index represents all U.S. Treasury/Agency securities maturing over one (1) year, but less than three (3) years. This maturity range is an appropriate benchmark based on the objectives of the City. IV. ETHICAL STANDARDS The investment officer and staff, acting in accordance with the written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deviations are reported immediately and that appropriate action is taken to control adverse developments. A. Ethics and Conflicts of Interest The City's staff involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. All employees involved in the investment process shall disclose to the City any material financial interests in financial institutions that conduct business with APDP 6.6.3 the City, and they shall further disclose any material personal financial/investment positions that could be related to the performance of the City's investment program. Applicable ethics standards provided by the City Charter, City Code, Section 2-11.1 of the Miami-Dade County Code, and Part III of Chapter 112, F.S., shall be complied with. B. Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment. C. Designation of Investment Officer The Finance Director is designated as investment officer of the City and is responsible for investment decisions and the day-to-day administration of the cash management program. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures so established. The City may appoint an outside investment manager as "Agent" for the City's cash reserves. The "Agent" for the City shall have discretion over the purchase and sale of securities within and subject to compliance with this investment policy. Such investment manager must be registered under the Investment Advisor Act of 1940. The Finance Director shall consult with the City Manager as necessary regarding the City's investment activity. Positions authorized as investment signatories are the City Manager and Finance Director. V. LISTING OF AUTHORIZED INVESTMENTS - (SUMMARY TABLE IN APPENDIX A) The following investments will be permitted by this policy as consistent with Section 218.415 (16) F.S. Those investments not listed in this section are prohibited. A. United States Government Securities Negotiable direct obligations or obligations the principal and interest of which are unconditionally guaranteed by the United States Government. Such securities will include, but not be limited to the following: ~ Treasury Bills ~ Treasury Notes ~ Treasury Bonds ~ Treasury Strips ~ Treasury Securities - State and Local Government Series ("SLGS") ~ Treasury Inflation Protection Securities ("TIPS") Portfolio ComDosition A maximum of 100% of available funds may be invested in the United States Government Securities with the exception of Treasury Strips which are limited to 10% of available funds. Maturitv Limitations The maximum length to maturity of any direct investment in the United States Government Securities is seven (7) years from the date of purchase. B. United States Government Agencies Bonds, debentures or notes which may be subject to call, issued or guaranteed as to principal and APDP 6.6.4 interest by the United States Governments agencies, provided such obligations are backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to the following: ~ United States Export - Import Bank - Direct obligations or fully guaranteed certificates of beneficial ownership ~ Farmer Home Administration - Certificates of beneficial ownership ~ Federal Financing Bank - Discount notes, notes and bonds ~ Federal Housing Administration Debentures ~ FDIC guaranteed notes ("TLGP" bonds) ~ Government National Mortgage Association ("GNMA") - GNMA guaranteed mortgage-backed bonds - GNMA guaranteed pass-through obligations ~ General Services Administration ~ New Communities Debentures - United States Government guaranteed debentures ~ United States Public Housing Notes and Bonds - United States Government guaranteed public housing notes and bonds ~ United States Department of Housing and Urban Development - Project notes and local authority bonds Portfolio Composition A maximum of 50% of available funds may be invested in United States Government agencies. Limits on Individual Issuers A maximum of 10% of available funds may be invested in individual United States Government agencies. Maturity Limitations The maximum length to maturity for an investment in any United States Government agency security is five (5) years from the date of purchase. C. United States Government Sponsored Agencies Bonds, debentures or notes which may be subject to call, issued or guaranteed as to principal and interest by United States Government sponsored agencies which are non-full faith and credit agencies limited to the following: ~ Federal Farm Credit Bank ("FFCB") ~ Federal Home Loan Bank or its City Banks ("FHLB") ~ Federal National Mortgage Association ("FNMA") ~ Federal Home Loan Mortgage Corporation ("Freddie-Macs") including Federal-Home Loan Mortgage Corporation participation certificates Portfolio Composition A maximum of 80% of available funds may be invested in Federal Instrumentalities. APDP 6.6.5 Limits on Individual Issuers A maximum of 25% of available funds may be invested in anyone (1) issuer. Maturitv Limitations The maximum length to maturity for an investment in any Federal Instrumentality security under this Section (C) is seven (7) years from the date of purchase. Mortgage backed securities will have average duration not greater than five (5) years. D. Interest Bearing Time Deposit or Savings Account Non-negotiable interest bearing time certificates of deposit or savings accounts in banks organized under the laws of Florida or the United States provided that such deposits are secured by collateral as prescribed by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. Portfolio Composition A maximum of 10% of available funds may be invested in non-negotiable interest bearing time certificates of deposit. Limits on Individual Issuers A maximum of 10% of available funds may be deposited with anyone (1) issuer. Limits on Maturities The maximum maturity on any certificate shall be no greater than one (1) year from the date of purchase. E. Repurchase Agreements 1. Invest in repurchase agreements composed of only those investments based on the requirements set forth by the City's Master Repurchase Agreement. A third party custodian with whom the City has a current custodial agreement shall hold the collateral for all repurchase agreements with a term longer than one (1) business day. A clearly marked receipt that shows evidence of ownership must be supplied to the Finance Director or designee and retained. All firms are required to sign the Master Repurchase Agreement prior to the execution of a repurchase agreement transaction. 2. Collateralized by full faith or general faith and credit obligations of the United States Government or United States Government Agency securities. Securities authorized for collateral must have maturities under five (5) years and with market value for the principal and accrued interest of 102 percent of the value and for the term of the repurchase agreement. Immaterial short-term deviations from 102 percent requirement are permissible only upon the written approval of the Finance Director or designee and/or the City's Investment Manager. Portfolio Composition A maximum of 20% of available funds may be invested in repurchase agreements excluding one (1)- business day agreements and overnight sweep agreements. Limits on Individual Issuers A maximum of 5% of available funds may be invested with anyone (1) institution excluding one (1)- business day agreements and overnight sweep agreements. Limits on Maturities The maximum length to maturity of any repurchase agreement is 90 days from the date of purchase. APDP 6.6.6 F. The Florida Local Government Surplus Funds Trust Fund (State Board of Administration - SBA) Portfolio Com position A maximum of 50% of available funds may be invested in the SBA. G. Intergovernmental Investment Pools Investment Authorization Intergovernmental investment pools that are authorized pursuant to the Florida Interlocal Cooperation Act, as provided in Section 163.01, Florida Statutes and provided that said funds contain no derivatives. Portfolio Com position A maximum of 25% of available funds may be invested in intergovernmental investment pools. Due Diliaence Reauirements A thorough review of any investment pool/fund is required prior to investing, and on a continual basis. There shall be a questionnaire developed by the Finance Director or designee and/or the City's Investment Manager that will contain a list of questions that covers the major aspects of any investment pool/fund. H. Registered Investment Companies (Money Market Mutual Funds) Registered with the Securities and Exchange Commission with the highest credit quality rating from a nationally recognized rating agency; portfolio is limited to direct obligations of the United States Government or any agency or instrumentality thereof. Portfolio Composition A maximum of 35% of available funds may be invested in money market funds. Limits of Individual Issuers A maximum of 15% of available funds may be invested with anyone (1) money market fund. Ratina Reauirements The money market funds shall be rated "AAAm" or "AAAm-G" or better by Standard & Poor's, or the equivalent by another rating agency. Due Diliaence Reauirements A thorough review of any money market fund is required prior to investing, and on a continual basis. There shall be a questionnaire developed by the Finance Director or designee and/or the City's Investment Advisor/s that will contain a list of questions that covers the major aspects of any money market fund. VI. PROHIBITIONS The purchase of derivative instruments as defined by the Government Account Standards Board ("GASB") or any investment instrument which is structured to derive a rate of return from an investment source other than the originally purchased investment is strictly prohibited. APDP 6.6.7 VII. INVESTMENT PARAMETERS A. Maturity and Liquidity Requirements To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched with a specific cash flow, the City will not directly invest in securities maturing more than seven (7) years from the date of purchase. Average life will be used as the maturity for mortgage-backed securities and the intergovernmental pool investments. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds such as Local Government Investment Pools, or money market funds to ensure that appropriate liquidity is maintained to meet ongoing obligations. VIII. SAFEKEEPING AND CUSTODY A. Authorized Investment Institutions and Dealers The City shall only purchase investments from the State Board of Administration, Florida Municipal Investment Trust, financial institutions which are qualified as public depositories by the Treasurer of the State of Florida, primary security dealers (or their agents) as designated by the Federal Reserve Bank of New York, or by secondary securities dealers (or their agents) who act as investment banking arms of local qualified banking institutions. All financial institutions and broker/dealers who desire to provide investment services must supply the following as appropriate and as requested: 1. Annual audited financial statements; 2. Public depository certification; 3. Proof of National Association of Securities Dealer ("NAson) Certification; 4. Certification of having read the City's investment policy; 5. Credit rating provided by a nationally recognized monitoring agency. B. Delivery vs. Payment All trades where applicable will be executed by delivery versus payment ("DVpn) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by a third-party custodian as evidenced by safekeeping receipts. c. Master Repurchase Agreement The investment policy shall require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. D. Bid Requirements Investments will be chosen based on liquidity needs and market conditions. The investments will be competitively bid when feasible and appropriate. Except as required by law, the bid deemed to best meet the investment objectives must be selected. APDP 6.6.8 E. Internal Controls The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Finance Director shall establish a process for an annual independent review as part of the annual financial audit to assure compliance with the policies and procedures. The internal controls shall address the following points: 1. Control of collusion - Collusion is a situation where two (2) or more employees are working in conjunction to defraud their employer. 2. Separation of transaction authority from accounting and record keeping - By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 3. Custodial safekeeping - All securities, with the exception of certificates of deposit, shall be held with a third-party custodian; and all securities purchased by, and all collateral obtained by the City should be properly designated as an asset of the City. The securities must be held in an account separate and apart from the assets of the financial institution. No withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the Finance Director as authorized herein, or by their respective designee. 4. Certificates of Deposit issued by a local bank or savings and loan association may be held in safekeeping at that institution. The institution shall issue a copy of the certificate of deposit, a safekeeping receipt, or some other confirmation of the purchase that is satisfactory to the Finance Director. This will be kept on file in the Finance Department and will indicate the amount, interest rate, issue date and maturity date of the certificate of deposit. 5. Avoidance of physical delivery securities - Book entry securities are much easier to transfer and account for since actual delivery is never taken. Physical delivery securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. 6. Clear delegation of authority to subordinate staff members - Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. 7. Written confirmation of telephone transactions for investments and wire transactions - Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions should be supported by written communications and approved by appropriate personnel unless an agreement is executed with a financial institution as discussed in paragraph B.8 below. 8. Development of a wire transfer agreement with a bank or third-party custodian - This agreement should outline the various controls and security provisions for making and receiving wire transfers. IX. CONTINUING EDUCATION The Finance Director and Controller shall annually complete eight (8) hours of continuing education in subjects or courses of study related to investment practices and products. APDP 6.6.9 X. REPORTING The Finance Director shall provide a quarterly investment report to the City Manager. The report shall list investments by fund and type and include the book value, income earned and market value as of the report date. XI. SECURITIES: DISPOSITION A. Every security purchased under this section on behalf of the governing body of the City must be properly earmarked and: 1. If registered with the issuer or its agents, must be immediately placed for safekeeping in a location that protects the governing body's interest in the security; 2. If in book entry form, must be held for the credit of the governing body by a depository chartered by the Federal Government, the state, or any other state or territory of the United States which has a branch or principal place of business in this state as defined in s. 658.12, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in this state, and must be kept by the depository in an account separate and apart from the assets of the financial institution; or 3. If physically issued to the holder but not registered with the issuer or its agents, must be immediately placed for safekeeping in a secured vault. B. The City may also receive bank trust receipts in return for investment of surplus funds in securities. Any trust receipts received must enumerate the various securities held, together with the specific number of each security held. The actual securities on which the trust receipts are issued may be held by any bank depository chartered by the Federal Government, this state, or any other state or territory of the United States which has a branch or principal place of business in this state as defined in s. 658.12, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in this state. XII. SALE OF SECURITIES When the invested funds are needed in whole or in part for the purposes originally intended or for more optimal investments, the City may sell such investments at the then-prevailing market price and place the proceeds into the proper account or fund of City. XIII. PREEXISTING CONTRACT Any public funds subject to a contract or agreement existing on invested contrary to such contract or agreement. , 2009, may not be XIV. AUDITS Certified public accountants conducting audits of the City pursuant to s. 218.39 shall report, as part of the audit, whether or not the City has complied with section 218.415 , F.S., and this Investment Policy. APDP 6.6.10 xv. AUTHORIZED DEPOSITS In addition to the investments authorized for the City in subsection (VIII), as authorized by paragraph (23) of Section 218.415, F.S., the City may deposit any portion of surplus public funds in its control or possession in accordance with the following conditions: A. The funds are initially deposited in a qualified public depository, as defined in s. 280.02, selected by the City. B. The selected depository arranges for the deposit of the funds in certificates of deposit in one (1) or more federally insured banks or savings and loan associations, wherever located, for the account of the City. C. The full amount of principal and accrued interest of each such certificate of deposit is insured by the Federal Deposit Insurance Corporation. D. The selected depository acts as custodian for the City with respect to such certificates of deposit issued for its account. E. At the same time the City's funds are deposited and the certificates of deposit are issued, the selected depository receives an amount of deposits from customers of other federally insured financial institutions, wherever located, equal to or greater than the amount of the funds initially invested by the City through the selected depository. XVI. PROHIBITED INVESTMENTS The City is prohibited from investing in any company that engages in business with the countries of Iran and Sudan. The City Manager may promulgate specific requirements for the implementation of this provision based upon criteria applied by the Local Government Surplus Funds Trust Fund for such purpose. XVII. INVESTMENT POLICY REVIEW The Finance Director shall review this Investment Policy on an annual basis. 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Ql 0:: Ql :5 - o '#- N o ... '0 Ql ::l Cii c: > t'll t'll'6 ~.8 ~~ o 8i~ :.0::::; ctJ '5 a. (,)'0 Q.) .= "'J::. ;>-f- g t'll Ql.r: ~j c:Q ~~ Ell Ql- ~j CJ;>- '" t'll Ql'O t'll~ Ci5:S 'OQl ~ _ 0 .2 c: ::J~ 0; co ~~ c: 0 Qj~ ~ "[: CJ ~ ~ ~ E t5 16 co 2i Cii:5 :g '0.:: 5. 2 en .~ 'c C "C ::J Ql Ql o E c: ..... Q.) tt= ~ ~ ~ ~~ ~ ~ ~ <<i _ (.) E '::::; ~ ~ 5r to ffi a: ~ ~ ~ ~ ~~ ~ <(0 OJ ~ ~ .~ t'll ~ '0 -5 >. c: ::; iD t'll 0.- ~ &.~ .~ ~ Cii .E '0 E ~ ~ 5 2::; E 19 co 'x "0 E t'll o Cii ~ Lri $i cD CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission irector FROM: Eric M. Soroka, IC City Manager BY: Joanne Carr, AICP Community Develo DATE: May 22,2009 SUBJECT: Request of Colonial Bank for Appeal of Administrative Determination relating to occupancy of unit at 3560 NE 191 Street (Mystic Pointe Drive) City of Aventura (01-APP-09) June 2, 2009 City Commission Meeting Agenda Item 10 RECOMMENDATION It is recommended that the City Commission confirm, by resolution, staff's interpretation that (i) the non-conforming commercial use of the unit located at 3560 NE 191 Street, City of Aventura, has been discontinued or abandoned, whether intentionally or not, for a period of 90 or more consecutive days; and, (ii) pursuant to Section 31-273 of the City's Land Development Regulations, such use may not be renewed or re-established and any subsequent use of the structure shall conform to the RMF4 zoning district regulations. and that the appeal be denied. THE REQUEST The applicant, Colonial Bank, is requesting an appeal of administrative decision under Section 31-83(a) of the City's Land Development Regulations to allow continued commercial use of a unit in Mystic Pointe. (See Exhibit #1 for Letter of Intent) BACKGROUND Owner of Property Applicant Address of Property Legal Description Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Colonial Bank (Jefferson National Bank of Sunny Isles) Colonial Bank represented by Bercow & Radell 3560 NE 191 Street, City of Aventura (See Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph) a portion of Tract B, according to the plat of Mystic Pointe at Aventura, Plat Book 133, Page 1 RMF4, Multifamily High Density Residential District RMF4, Multifamily High Density Residential District RMF4, Multifamily High Density Residential District RMF4, Multifamily High Density Residential District RMF4, Multifamily High Density Residential District Vacant Unit Residential & Non-Conforming Commercial Residential & Non-Conforming Commercial Residential Residential Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: HISTORY Medium-High Density Residential Medium-High Density Residential Medium High Density Residential Medium-High Density Residential Medium-High Density Residential The Mystic Pointe development was approved by Miami-Dade County in December of 1987. As part of the development, there are thirteen one-story units along the entrance road that were constructed and used for commercial purposes. The County zoning on the parcel was BU-2, Special Business District. In July of 1999, the City Commission adopted its Official Zoning Map as part of the Land Development Regulations. The entire Mystic Pointe development, including these thirteen units, were zoned RMF4, Multifamily High Density Residential District. Since the commercial use of the units was established prior to the enactment of the City Code, the commercial use of these units 2 is permitted to continue if the conditions of Article XII. NonconforminQ Uses and Structures are met. Section 31-271 of the City Code describes the purpose and scope of the nonconforming uses and structures regulations. That purpose and scope is .... "to regulate and limit the development and continued existence of ues, structures and lawful lots established prior to the effective date of these LORs which do not conform to the requirements of these LORs. Many non-conformities may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations and the character of the City. Any nonconforming use, structure or lot which lawfully existed as of the effective date of these LORs and which remains nonconforming and any use, structure or lot which has become nonconforming as a result of the adoption of these LORs may be continued or maintained only in accordance with the terms of this chapter." Section 31-273 of the City Code provides that if a nonconforming use or structure is discontinued or abandoned, whether intentionally or not for a period of 90 consecutive days, that use or structure cannot be renewed or re-established and any subsequent use of the lot or structure must conform to the zoning district in which it is located. Staff Determinationllnterpretation of City Code The unit subject of this report was used as a bank and was listed for sale in November of 2007. In December of 2007, banking services at this unit were discontinued. Staff was contacted in June of 2008 by the attorney for a prospective purchaser. After making inquiries as to existing status, staff advised the attorney that, in staff's opinion, discontinuation of the banking services for more than 90 consecutive days had resulted in discontinuance and abandonment and in accordance with Section 31-273, subsequent use of the unit must comply with the RMF4 district requirements. The owner of the unit then retained its own legal counsel, who has provided the affidavit attached to his Letter of Intent (see Exhibit #1). Staff has reviewed this affidavit in consultation with the City Attorney and has determined that the use has been discontinued and abandoned. Staff's letter of determination dated March 30, 2009 is attached as Exhibit #4. The Appeal Process Section 31-83(a) of the City's Land Development Regulations (the LDRs) provides for appeals from the decisions of decision-making and administrative bodies having development approval authority under the LOR or from any written order, requirement, decision, determination or interpretation made by an administrative official in the enforcement of the LDRs. Any applicant wishing to appeal any such order, requirement, decision, determination or interpretation shall file an application and notice of appeal with the City Manager within 15 days of the date of such determination. The 3 City Manager schedules the application for public hearing and submits the application along with staff's report and recommendation to the City Commission. At the public hearing, the City Commission shall review the application and report, consider evidence and testimony presented at the hearing and issue a written decision and order either granting the relief sought, with or without conditions, or denying the appeal. Staff's determination was issued by letter dated March 30, 2009. The appeal from the applicant was received on April 14, 2009, within 15 days from the date of the staff determination. Public Notice Section 31-71 (e) of the City's Land Development Regulations contains the provisions for public hearing and notice procedures. This section requires that all public hearing and notice requirements be provided in accordance with the provisions of Florida Statutes Section 163.3184(15) for a change to the adopted Future Land Use Map and in accordance with Florida Statutes Section 166.041 for adoption of ordinances and resolutions and the City's quasi-judicial legislation. The Florida Statutes sections regulate the size, number and timing of published notice. The City Code section provides as follows: . Notice of the time and place of the public hearing describing the nature of the application and street address of the property is to be published in a newspaper of general circulation in the City not less than ten (10) days prior to the public hearing. . A courtesy notice containing substantially the same information in the published notice may be mailed to property owners of record located within a radius of 300 feet of the property described in the application or such greater distance as the City Manager may prescribe; however, failure to mail or receive such courtesy notice shall not affect action or proceedings taken under this section. . The property is to be posted no later than ten (10) days prior to the hearing in a manner conspicuous to the public by a sign or signs containing information concerning the application including the applied for zoning action and time and place of the hearing. . All costs of advertising, mailing and posting is to be paid by the applicant. For this application for appeal of administrative determination, the following public notice was made: . An advertisement was placed in the Daily Business Review newspaper on May 19, 2009. 4 . Courtesy notice was mailed to 798 property owners within a 300 foot radius of the unit on May 22, 2009. The applicant submitted a notarized list of property owners, a radius map showing all properties within 300 feet and mailing labels. . A property posting sign was erected at the unit on May 20, 2009. The newspaper advertisement, property posting sign and courtesy mailing notice satisfies the procedures for public notice in Section 31-71(e) of the City Code. The applicant has paid to the City a deposit of $1,000 to cover the cost of these public notices. 5 ~ BERCOW RADELL &. FERNANDEZ ZONING. LAND USE AND ENVIRONMENTAL LAVV DIRECT LINE: (305) 377-6238 E-Mail: MMarrero(cD.BRZoninqLaw.com VIA HAND DELIVERY April 13, 2009 Exhibit 1 01-APP-09 Mr. Eric Soroka, City Manager City of A ventura 19200 West Country Club Drive, 5th Floor A ventura, Florida 33180 Re: Request for Appeal of Administrative Decision Colonial Bank, 3560 NE 191 Street, A ventura, Florida Dear Mr. Soroka: This law firm represents Colonial Bank (the "Owner") with regard to its Mystic Pointe branch at 3560 NE 191 Street (the "Property"). On March 30,2009, we received an administrative decision from Joanne Carr, Community Development Director, advising that staff had made a determination that the use of the above-referenced property has been discontinued or abandoned for a period of 90 consecutive days. This letter shall serve as our request to appeal that March 30, 2009 decision, as provided for in Section 31-83 of the City's Land Development Regulations, As further detailed in the attached Owner's Affidavit, the Property was used by Colonial Bank for solely commercial purposes throughout 2007 and 2008. At no point, was there any action taken by the Owner that would indicate that it abandoned the nonconforming use. As evidenced in the Owner's Affidavit, fees and costs were incurred by the Owner in connection with the commercial use, including the maintenance of the property to commercial standards. Banking activities were also ongoing, although to a limited intensity, Furthermore, the Property was being marketed and advertised for sale as a commercial use. The decrease in intensit? of the banking activities was primarily the result of the Owner's attempt to sell the Property, which is not prohibited when maintaining a nonconforming use. Finally, based on the location of the Property and its relation to the surrounding uses, a commercial use is the appropriate use for this Property, WACHOVlA ANANCIAL CENTER. 200 SOUTH BISCAYNE BOULEVARD, SUITE 850. MIAMI, FLO?lIDA 33131 PHONE. 305.374.5300 . FAX. 305.377.6222 Ms. Joanne Carr April 13, 2009 Page 2 of 2 We request to be placed on the next available City Commission agenda. Should you have any additional questions or concerns, please do not hesitate to contact me. Sincerely, .~~ Michael J. Marrero MJMI bl Enclosure BERcaw RADELL & FERNANDEZ ZONING. LAND USE AND ENVIRONI\IIENTAL LAVV OWNER'S AFFIDAVIT BEFORE ME, the undersigned authority personally appeared, Julio Zaldivar, the undersigned person (hereinafter referred to as "Affiant"), who, after being first duly sworn and depose says: 1. I am the Vice-President of Corporate Real Estate for Colonial Bank, .which is a bank chartered in the State of Alabama since 1981 (the "Owner") and is the owner of that certain parcel of property located at 3560 N.E. 191 Street, Aventura, Florida (the "Property"). According to Colonial Bank records, the Owner acquired the Property on November 1992 when it acquired the assets of Jefferson National Bank of Sunny Isles. At the time, Owner acquired title to the Property, the property was legally permitted to be used and was in fact used as a bank, which was and remains a commercial use. 2. The Owner is a financial institution that customarily engages in the provision of banking services. Banking services includes the use and storage safety deposit boxes, electronic banking machinery, vault equipment, furnishings and office incidentals, and other items incidental and necessary to conduct commercial banking services. 3. The Property has been used for commercial banking services since November 1992. Although the Property was listed for sale since November 2007, during this time the Property continued to be used for commercial banking services. More specifically, the propelty was used for the storage of safety deposit boxes, electronic banking machinery, vault equipment, furnishings and office incidentals, and other items incidental and necessary to conduct present and future commercial banking services. The Owner directed its agents and employees to continue to use of the Property while it was on the market, although providing less than full banking services, in order to reduce operating expenses view of a possible sale, and for this reason all banking service items were not removed from the Property while it was listed for sale since the Owner intended the property to remain in use as a commercial bank while the Property was listed for sale. 4. Since the Owner's acquisition of the Property in November 1992, the Property has not been used for any non-commercial purpose, nor has the Owner had any intention of abandoning or otherwise discontinuing its commercial uses- in favor of any non- commercial uses. 5. The Owner has continuously, and specifically 2005 through 2008, paid ad valorem taxes on the Property as a commercial office building use ($4,492.60, $4,691.34, $4,224.32 and $4287.63 respectively) and has never applied to have the property reclassified based on a change in use. (See attached Exhibit A) 6. The Owner has never requested that the Mystic Pointe Master Association (the "Association") change the classification of the Property from a "Commercial. Pod", (Sec attached Exhibit B) to a different type of use, Pursuant to a letter dated September 23, 2008 and regarding "Painting of the individual Commercial Pods," the Owner is asked to U:Nancy/Owner's Affidavit paintthe Property, replace any rotting wood around the roof, secure all gutters and clean shutters of its commercial property. 7. The Owner timely complied with the Association's request described in Paragraph 6, pursuant to proposal from a commercial vendor because of the type of use of the building. (See Commercial Interior Contractors, proposal dated October 1, 2008 for a total cost of $3,762.00. See attached Exhibit C) 8. The Property held an active Miami-Dade County Fire Rescue DepartmentAnnual Operating Permit as a commercial, or "LSP-Business" use. The Annual Operating Permit did not expire until September 3, 2008 and was thereafter renewed as a commercial use. (See Miami-Dade County Fire Rescue Permit No. 071260000004704.) 9. The Property has at all times remained on the Owner's maintenance schedule for all of its South Florida properties in commercial use. (See attached Exhibit D, commercial maintenance schedules and items covered under maintenance contract) 10. The Owner has continuously maintained current and running utilities, including water and power to the Property for commercial use. 11. All signage on the Property states "Colonial Bank", indicative of a commercial banking operation. 12. When the Owner placed the Property on the market on November 20, 2007, it continuously represented to buyers that the Property could be sold as a commercial pod to be used exclusively for commercial purposes. (See attached Exhibit E) 13. The Propelty is one (1) of six (6) operating commercial pods that are linked together at the site. The others include a market, a CP Alaccounting office, and a real estate office. [SIGNA TURE PAGE TO FOLLOW] U:Nancy/Owner's Affidavit Dated as of the l \ Florida day of Dec,e.YY\ 'ot:r , in Miami-Dade County, BY:~ Julio Zaldivar Vice-President - Corporate Real Estate Colonial Bank ~ Print Name: Hicl1rJ..f1 Harrfn 1f(4$$~ Print Name: ;#4~) A01S'der- . STATE OF FLORIDA ) ) ) COUNTY OF MIAMI-DADE \ \ The foregoing instrument was sworn to. subscribed and acknowledged before me this _ day ofttUf'Y\~2008 by Julio Zaldivar as Vice-President Corporate Real Estate of Colonial Bank, who executed the foregoing docwnent on behalf of the bank. He personally appeared before me, is personally know to me or produced as identification. ~ Notary: Print Name, Notary Public, State of Florida My commission expires:~ l1,.. Ql~~ JAMIE lEWNSHOM ;.: :.S MY COMMfSSlON ## DOe"'t.. EJ(P!RES Augutt 28, 2Ot2 1401I'M-G153' ._ U:NancyfOwner's Affidavit , Property hto;.mation Map http:// gis ims2 .mianudade.gov Imyhome/printmap. asp?mapurl=http:// g... My Home Miami~Dade County, Florida on .. :0 .D $ EXHIBIT , ~\ ~1 t1.tttJIilttllllif~ Property Information Map Digital Orthophotography - 2007 o -107ft This map was created on 10/23/200811:07:13 AM for reference purposes only. Web Site @ 2002 Miami-Dade County. All rights reserved. ~ 1 nf 1 Summa Details: Folio No.: 8-2202-022-0040 Property: 13560 NE 191 ST e- ilfng-- -- -~EFFER-S5N-NATL-BK-c3F-" dress: UNNY ISLES 01 W 41 ST MIAMI BEACH FL' 33140-3646 ' - ~- -----~-~--- ~--~-----~- -- Pro e~ Information: 4000 RESIDENTIAL Primary Zone: lMUL TI-FAMIL Y, MEDIUM __,__"_'"'" [I?_St::!?rrx" ____._. LUC: io013 OFFICE BUILDING i IBeds/Baths: :0/0_____.._..__.._..:, [F1OOrs:------!1--------.- - - ILiving Units: io It~I~~f~~g!::-ft~hci.FT, Year Built: 11990 I' iMYSTIC POlNTE AT ft'.VENTURA PB 133-1 iPORT OF TR B DESC ILegal IBEG 146.08FTEL Y & : Ioescription. f79.29FTNL Y OF SW COR: I . OF TR B CONT II !NL Y28.1 OFT EL Y15.80FT NL Y5.40FT EL Y8.20FT I . ,... .. _ ...,itJ~y',1QElQFI. . . Sale Information: ISale O/R: 115707-4348 r...-........-............-.-- .,..._.__.~..__.___.._..__._.._._c_ ,Sale Date: :11/1992 !&lIe Amount: i$155,000 Assessment Information: IYear: l2Oos-T-zolij--j ILand Value: . r $52,074 [$52,074[ IBuilding Value: I $189,008 1$189,008! ~:;~;\~~I~i.u_~:.....-_::I:Jm:~~~:l~~ii;~~~~ ........ICl)(Clblev:.alue Information: [Year:--"'" 1""2008'0" 2007 rl----- ------r Applied --r Applied axing Authority: !. Exemptionl Exemptionl i Taxable Taxable _______m_______._!_____'{~~...:_______~lue.~___ [Regional: 1$01$241,0821 $0/$241,082 !COUr1tY: i $01$241,0821 $0/$241 ,082 i ICity:._.. .... !$01$241,0821$01$241,082j 1$~h~cli Board:: !}ci/~2~I,68?H9/~?~j :Q~~?i 1012312008 JO:59 AlV I :'I1iami-Dade COWlty. Real Estate Tax InfoJl11ation http://egvsys.miamidade.gov: 1608/wwwserv/ggvtltxcaw03 .dia?foli... Show Me: P1o[EltyT aleS Prior Years The 2008 TAX Roll will be available on November 1, 2008 . Today's Date: 10/23/2008 Last Update: 10/21/2008 Folio Number: 28 22020220040 AVENTURA As of 10/23/2008 no prior years taxes due. Owner's Name: JEFFERSON NATL BK OF SUNNY ISLES Property Address: 3560 NE 191 ST Search By: Select Item Detail Tax Information: Re.9L E;;;!Slte...li:lxJnfo p'[i9J..Y...€;'.i:l.rsTi:l!<g~Pw€;' Mailing Information : JEFFERSON NATL BK OF SUNNY ISLES Legal Description: MYSTIC POINTE AT AVENTURA 301W41ST PB133.1 MIAMI BEACH FL 331403646 PORT OF TR B DESC BEG 146.08FTEL Y & 79.29FTNL Y OF SW COR OF TR B For historical purposes: Below is a list of redeemed certificates and the redemption payment details. TAXDEED APPLICATION NUMBER: TC 60460 0228 Date: 11/03/2005 Register/Receipt: /0002001 Amount: 18458 17965 13652 377 22938.42 "" TAX CERTIFICATE "" TAX CERTIFICATE "TAX CERTIFICATE ""TAX CERTIFICATE 2001 2002 2003 2004 ** These items are included in taxdeed application number TC 60460 Amounts due are subject to change without notice. l-contac~~I~f~lrmatiOn! rni=_~:QV I (305) 270-4916 Downtown Office: 140 W Flagler SL, Room 101 Miami. FL 33130 South Miami-Dade Office: 10710 SW 211 St. Room 104 Miami, FL 33189 Office Hours: Mon - Fri . .~:qq~ITl.=t5:0QJ)n1 Related Links: Tax Collector I Property Apprais~ Florida State Dept of I ~evE;nue~ . ...! Property Tax Home I Real Estate Tax Info I Prior Years I Mi"lTJi,p"d",fj9rD" 1l)~il}g.Q!!r_;;;i!" I f\Q9.~!1 PD.CJ.I}",pir"c:lgry I E'riy?c:y I Pj~c;J"irDer @ 2002 Miami-Dade County. All rights reserved. E-mail your comments, questions and suggestions to Webmaster ..--~"'"L~" '<'ltX~t'''' 1 "fl I0/23/2008l0:59AfV " 10 .. :0 D ~ EXHIBIT g ,~ FROM = MYSTIC POINTS MASTSR ASSOC !'AX NO, :3aS9314257 Sap. 23 2e1i38 03:56PM Pi/1 1!y~. ON TH.l:i'Jll\ Y MYSTIC POINTH MASTHR AHSOCrA TfON . ........----. 1'0: All CommerolelJ 'Pod. ()wnem From; 'xert1 Tirone Ro: painung of the ;ndMdual Commercial Pods. Dato: Septombl:r23,2008 Peat Pod Qwnm: the A%cb.i1:tlcl.Ure1 Commilt6c for tbo lsbmd baa :cq,1Jelltod tIlat you be D.OliBed that yom comm.eroisl pods or bUildina n.el:d \(I be patntcd. 1II inllpcctb1glho P(l;)p~ wo :DI:!ted tb:l1 selVCMl. if not all of1he cmnmercdal poda a%$ it! desperate need ofpa.inti:Da. We aU that it} additio.D. Y01.1. havo you. contractOr tcpla.cf; any totting wood around the rbOfs. e....es and . make suro all gultsrs me ~ m4 in woddng condition. Alll!nu1tcfa that are in diSNpatr or dirty ~ Q.eed lo be cleaned orpairrtcd ""needed. . Slnoe tho Qommittcc is chwgcd with tM overall MSth.etio app~ce offue communlty 'We are requesting that thls be done prior to the season or at least by December 2008. The Mister Association oflice halt the col~r o~.~~ White paint i,fY01J,l'Ieed this irrlhTm.ation. . '... 1.\. "" ,'~." I.. t. Please let Q...r office know when you. will be ba:vink ttidwo~ dor.e:~;tb.at we may acconunoda1:e YO'Qf vendors IlUd make sure the "cOOoJ$ know bow to pfocecd. 'Please contaot the Ma.<rter Association offico IoU 305-932..9600. . cc: Colonial Rm'I'k Pods Karelllxpo Pods/ C(ltLvcn1ence Start Pode Ba.y~dc MAintenance Pod Mk>hacl Molle.~1ty Office Myslic Poinl.e MariM ()ffi.ce Graphicl Pud . 'foro Pod .~!i9S Myftlk I'o\t'lre 'Oriv(!, AII~nNrl'l, llloritl.\ Ml1!i1l ("'1m) !Y.I~-!l6{1ll · l'nK (aOli) 93l.-t2.(j1' \ 00 'd OOH l6L gOE 'oN XV.:! V~nlN3^V~NVe lVIN010~ ~d SO:vO 3nl 800l-gG-d3S ....,1-, ~C) x-CFoo.cnr >iUE?R 1 E?IUOl oJ Wid LE:E,O 800~-t~-das Commercial Interior Contractors, Corp. 2500 NW 39th Street Suite 100 Miami, FL 33142 (305) 636.3700 (305) 636.3737.Fax licensed*1 nsu red*Bonded CC#93BS00628 :. .. D D 2 EXHIBIT P"1' >o-~~"1-'--', '''::..~:-:::....~ September 30th, 2008 Mr. John Michael Dudzenski Vice President/South Florida Facilities Manager Colonial Bank 1580 Sawgrass Corporate Pkwy Suite 310 Sunrise, FL 33323 (954) 514-1808 (954) 846-7513 Fax (786) 566-1532 Cell Re: Mystic Pointe Colonial Bank Paint Proposal Dear Mr. Dudzenski: Commercial Interior Contractors, Corp. proposes to provide the following services: Scope of Work Qty Unit Total Paint Sand, Prep and Paint Wood Fascia Minor Repairs to above Sand, Prep and Paint Metal Gutter Sand, Prep and Paint Soffit and Walls Total Project Cost Is $ 3,762.00 $ 3,762.00 Pricing is based on the following conditions and Scope of Work: .. Price for materials delivered and installed. Price effective for Thirty (30) Days. " 50% deposit, balance upon; 1 %% thereafter for unpaid balance. " Available and accessible; air-conditioning, lighting and power. .. Price based on Site Inspection. We appreciate the opportunity to provide Colonial Bank with this Paint Proposal. Very Truly, Eloise Gonzalez President Accepted By: lei / j,. ',' ,-/ ' . - ..' '/I"<"l' .' ,~ rt ( j'" ' ~/ \ / ~/.:- j,,-- / .'-let: /..., V I Print Name & Title Date: / C ..- J) .". (-> r\:'--- , 1 - Signature 4, EXHIBIT 1" .. :0 .0 19 1:) PFMI Covered under Con.tract Janitorial Service Supplies (FL) - towels, tissue, soap, and liners Carpet Cleaning - 2 times per year Hard Tile Maintenance Pressure washing walkways and drive tlu'u Landscaping Pest Control Mat Service (FL) Sign and Outside Lighting Maintenance Indoor plants (FL) Waste Removal (wet trash, dumpster service) Man In the Van Service o Electical . HV AC . Plumbing . Handy Man Service (plumbing issues, installing small items, hanging pictures, repairing small items, survey bank for all services) Parts - up to budgeted amount of$150,OOO (FL) Administrative Supp011 Call Center Management Non Contact Support Construction (remodels, roofing, etc) Moving service Clean up :r o ~ ~ 000 g8g '" "'''' .J:>. ..r::..__1 00," 00," 000 ~ ~ o OOd-> 000 ~ w '" o ~~~ lfIQ.~ ~~~ g: ~ ~ ~2- o Q ".0 o C c :=.; ;;:; 0' ".~ ro ro ". x '3 ro 9- 0' ffi :: ~~ 3~ ro W " ~ g:: TO " c 5. s. I ;; I ~ ~ V> ~ g "" I I ~-8 WO ,"0 <::>..f::-. .b.~ 00000 gggg8 "'''' ,,~ ~~~-(J1.-.J .j:>.A.AtOA 000001.0 o66wN 000 CON ~ ~ .1>0 ~.~ ~:5 ggg~~ ~g I~ ~ ~ ~ +>. OJ ~ to ......;:O(lJ..... 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RE"I'J..'FOR@ Assodatio" of Greater Fort l.,~dJerd<2le - X,V11;'PP MiillmE-Daile County lra;~ Report - 3550 MlYSTliC I?'OENH DR, AVENTIJRA, fH.. 33180-255<1- Value Information 2003 Final W.4.Final ~005 Final 2006 Final ~..Einil' $159,117 $163,739 $174,490 $185,995 $189,008 $47.340 $47,'4/l $47.,4n 'i'~7.Q74 $52,074 $206,457 $211,079 $221,830 $238,069 $241,082 .. n/a .. 2.24% 5.09% 7.32% 1.27% $206,457 $2il,079 $221,830 $238.069 $241,082 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ $206,457 $211,079 $221,830 $238,069 $241,082 -n/a. $4,529,$9 $4,679.79 $4,886.81 $4,400.33 COUll'.@ Sales Information Snle P,l<e, $155000 Deed e: 1 lSock Il'a e: Deed Mo a e & Other Recorded Document J!nfo,matioi1 No documents listed for this nrnpprty. Buildin Information 8edroom~' 0 Bldg Area' 2,024 sf e"th. OOIl'~' 0.0 Adj Ar"a: 2,024 sf Exterior 30 14 Fu~1 13 Hcot 1990 ~~ULT VALUABLES STORAGE 199q Proper!: Information Parcel Hl # n17Wn)70n40 fi!! Property Tvpe: Commerci"l Property Address: 3560 NE 19i5T ST AVENTURA, FL 33180..255~ bmd Use, i700/0FFICE BUILDING - ONE ST Lend Areas: 1. OFFICE BUILDING.. ONE ST lot Size: 0,04 acres /1,5i'6 sf Zgnin9: RMf 4 Subdivision: MYSTIC POINTE AT AVENTURA Sec: 02 Twn: 52 Rng: 42 legal Description: MYSTIC POlNTE AT AVENTURA PB 133-1 PORT OF TR B DESC BEG 146.0BFTELY &. 79.29FfNL Y OF SW COR OF TR B CONT NLY28.lOFf ElYiS.80FT NLYS.40FT ELY8.20Ff NLY10.60FT El Y28.2DFT P Active \j!1 Sold Sl Y28.l0Ff WL Y24Ff [full...] Current Owner JEFFERSON NATL BK OF SUNNY ISLES 301 W 41ST 5T MIAMI BEACH FL 33140-3646 6uilding Value' Land Value, Just Market Value: Percent Change, Total Assessed Value: flolnestead Exemption: Total exemption., Taxable Value: Tal( Amount: S,,\o Date, 11/1992 F 1. OFFICE BUILDING - ONE ST Structure Roof Type Roof Material Features: CCNTRAL Ale COMM 15707 f 4348 Year Built: 1990 Storl",,: 1.0 Flooring : Gafilge: AlC Units: 0 Zone AE;; BFEs determined. <1:) il~app, [nc, 2008 I Information is believed occurate but not guaranteed. '" .. :0 .0 .'!l EXHIBIT t: ~01-. c--.-- , 'I'> . ~ - - : .~ ~ ~ I """ . c L . , ~~_ . J::~~ ~ J'li" I"'~I '-'- . ~ . ~ ,.."" ,,;' , .. '-; , "I'.' -;) <: ~ Ol '. ""~_, litt~",l~ . ... l2 c ,;; ~~rrh .,....,;,.......!' ~,. .... J~.f' . - o...5:;~ }~i! FOLlO CO-USE ZONING ST-USE. I LAST FiRST OTHER 28_22-02-022-0040 (31 Oi"I"{CE BLDCS 40/ MUL MED HGH DENST 17/ OFFCE BLDG 1 STRY [~?E COUNTY PROPERTY Ijj PADDR 3560/ NE / 191/ ST PClTY AVRNTURA P7.IP ('Ii SUBDV MYSTIC POINTE AT A VENTURA LIEN'! TAX CRT? Y LIS PEND'? UPDATE 01/15/08 [" FRONT IT LND SQf.Jf $IL.ANDSF DEPTH IT 1,S7& LNf) ACRI' $ %.00 $/ ADJSF OWNER NAME & ADDRESS OADDR OC ITY OZIP CD COMPAl'-JY JEFFERSON NA'fL BK OF SUNNY I.SLES LAND INFORMATION LOT BLOCK 0.04 WATERFRONT $76.5l'iO $/TOTLSF $ 76.58 PI3K-PG 133-1 OR BK-l'G AV RATIO 0.64 ADJSQFT 2,024 BEDROOMS R \ J II J) I N(; I NFORMAllON TOTSQFT 1,024 - NUM UNITS BATHRMS HALFBA1HS YEARBLT 1990 NUMFLRS I r-- LEG/I.!. D(;SCRIPTJON 1 MYSTiC POINTE A1: A VENTURA :z. P'B 1.'-'1-[ 3 PORT OF TR B rmsc Bf,G 146.0BFTEL Y 4 5 6 & 79.29J<-T~L Y OF SW COR OF CONT N L Y28.10FT EL Y15 .80F'l NL Y5.40FT EL Y8.20FT NLYIO.t TAX &. .'\SSI.;SSMf.NT INFORMATION DlS.rRICTS EXI;MPTIONS Water N I-Iolnesld N Widow N Road N YdemIl N Disabld N Sewer N Exempl N Senior N Light N School N Exmpl Markl V"-' $2H,0l12 NonEx $ 241,082 I A!JTHORITY L~X AMOUNTI2007) COUNTY 'fAX $ 3,984 CITY TAX :Ii 41b MISC TAX GR()<:S TAX PREY TAX $ 4,400 $ 4,887 I A.SSES$I<yLI;NT.'1 CW07) Land $ 52,074 lmprv $ 189,008 Total $ 241,082 P, e y $ 2:18,1)(;9 MillRt 20.53 PAY _O.AID # I W26107 #2 12/10/01 #3 #~ ijj #6 Ti\X P/\Y"'ILiN"f INFORMATiON AMOUNT . P,i\ YMLiNT D~SCR.J.f'TlON TQTh.L.l"A!O $<1224.320 FULL R~rAYMENT $4.,2.1~,J'f $ 0.00 flALANCIUl1:,J),'i $ 176,!!J TOTAJ", TAX D.El-lliQUEt~T $ .7,,~~,5,111,6Q1,!!~a.21 SALES INI.:(JF.MATION pB-ICE - D.TYPF: OR I?K-BG $ 155,UOO 157\17-4348 I SRC S.TXPjO &DESQlJj"TION C 1/ GOOD SALE: PEED RECQRDED CURK ii/tHin PREY EARL I MLS I r,10J-n-QATE AMQUNT Ml.S HlSTORY MLS# ja'll19lix MORTGAGE INFORMATION MORTGAGE CQMJ'A,NY BROKER M.~T PE.~.sCIUPl'IOI\! I NC 4/ CEN'T.ivC C PATiO OTHER EXTRA FF.ATlJRES . CPORT POOL 00L.:K FENCE 127 I y,.dlLT/OOOR .1"f.lllform~tiol1 O(ll warranted. 1nI"l.1mlHlioll herein is from Dade Count "" I Tax Rolls. ML;~_sltbSClihers art ::.?l respllm;ihlt for ils a,curaey. 09/23/08 Outstanding Owner..Usel' Opportunity!!! :!: 2,024 Square Foot Free Standing Building For more information please contact: Claire Holash Kathy Perez~Gurri Senior Commercial Associate Senior Commercial Associate cho lash@coUiersav.T{.co m kperez~gurri@coniersa wf. com (305) 476-7135 (305) 476-7141 Commercial Real Estate Brokers Sales I Leasing I Investment I Property Management I Site Selection I Advisory Services Information contained herein has been obtained from the owners O! from atIlel SOUlces deemed reliable. We have no reason to doubt its accuracy, but we regret we cannot guarantee it All properties subject to change or withdrawal without notice. Abood \l(lood-Fay Real Estate Group, dba Colliers Abood Wood-Fay is Rn independently owned and operated business and a member firm of Colliers International Property Consultants, an affiliation of independent companies with over 240 offices throughout more than 50 countries worldwide. ~ '. .~\~.. .'~.,. .." ,'. ~.k. . . 'to ... .~-t \". ,;t. I;' X., .....,.~ i j~. . .~. ' 'It...' 't:':.F- "<.;: :~"'-ol.. .., " .~. -;.' ~_~.-c... , 2007 Demog'raphics One Mile Radius Population: 25,266 Median Household Income: $61,071 Per Capita Income: $55,693 ' Median Age: 52.9 For more information please contact: Claire Holash Kathy Perez.-Gurri Senior Commercial Associate Senior Commercial Associate cho lash@colliersawf.com kperez;gurri@collier:sawf.com (305) 476-7135 (305) 476-7141 Commercial Real Estate Brokers Sales I Leasing I Investment I Property Management I Site Selection I Advisory Services Information contained herein has been obtained from tht' owners or from utiler sources deemed reliable, We have no reason to doubt its accuracy, but we regret we cannot guarantee it All properties subject to change or withdrawal without notice. Abood \1(Tood.Fay Real Estate Group, dba Colliers Abood \1(7ood,Fay is 8l.J indepi'ndencly owned and operated business and a member firm of Colliers International Property Consultants, an affiliation of independent companies with over 240 offices throughout mote than 50 counlTies worldwide. ~.l'~ :!! D ; EXHIBIT q,. ,/ Commercbl R.uI &ute IIrobn EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT 95 Morrick W.y. s..tu. 380 Co~ G>hl.... Aorid... USA 33 tJ4 Tol: 305.+46.0011 hx: 305.+46.1907 W'WW.collieruwf.com 6600 N. And~ Avonu.. s..ite 2-40 F.,n: laudordlle. Florid... USA 33309 To,95-4.233.6OO0 hx: 95-4.233.6010 www.colllersa:wf.com This Exclusive Right of Sale Listing Agreement (Agreement) is between COLONIAL BANK N.A., ("Seller") and ABOOD WOOD-FAY REAL EST A TE GROUP, LLC d/b/a COLLIERS ABOOD WOOD-FAY, ("Broker"). I. Authority to Sell Property Seller gives Broker the Exclusive Right To Sell the real and personal property (collectively "Property") described below, at the price and tenns described below, beginning the 26th day of November, 2007, and terminating at 1\ :59 p.m. the 2jth day of May. 2008 ("Termination Date"). Upon full execution of any contract for the sale, conveyance, or other transfer of the Property during the term of this Agreement, all rights and obligations of this Agreement and the expiration date hereof shall automatically be extended for a period equal to the number of days that said contract remains pending. Seller and Broker acknowledge that this Agreement does not guarantee a sale. This Property wili be offered to any person without regard to race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or any other factor protected by federal, state or local law. Seller certifies and represents that he/she is legally entitled to convey the Property and all improvements. n. Description of Property a. Real Property Street Address: 3560 NE 191 St. Miami, Florida b. Tax Folio #: 28-2202-022-0040 c. Description: a 2024::: SF office building on a 1,578:1: SF of land HI. Price and Terms The sale price is to be acceptable to Seller, all cash. Potential buyer may seek financing. IV. Broker Obligations and Authority Broker agrees to make diligent and continued efforts to sell the Property until a sales contract is pending on the Property. Seller authorizes the Broker to: a. ~ b. c. d. e. Advertise the Property as Broker deems advisable in newspapers, publications, internet, signage, etc., and use Seller's name in connection with marketing or advertising the Property. . Obtain information relating to the present mortgage(s) on the Property. -- Provide sales and marketing information package and materials to potential buyers Act as a transaction broker in accordance with Broker's office policy as explained in Paragraph 8 and revert to Seller's agent status if the parties do not complete a transaction. Withhold aH offers once SeHer accepts a contract for sale and purchase of the Property. Miami. Fort Lauderdale . Palm Beach An i:-.;':'i!::Je:"lde;-o":' "'e'7.~e!'" ~, C';iiie~ InternatiOl"lal '/\ ~_ :::',j-~~-:::s. .;.~ Eit:'.:e ::..u':es -:"1rc_g-~_':. ':.".::! ~._-tr:.::as, Ewropc:, Midd~ E.1.5~ _~'1 ::J1cfic 1nO ~frl(;a . . EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT Page 2 V. Seller Obligations In consideration of Broker's obligations, Seller agrees to: a. Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker all inquiries regarding the Property's transfer, whether by purchase or any other means of transfer. b. Provide Broker with current and accurate financial information, including income and expense statements, rent rolls, leasing and tenant information. c. Provide Broker with all available and pertinent property information including site plans, surveys, floor plans, prior appraisals, environmental reports, etc. d. Provide easy access and make Property available for Broker to show during reasonable times. e. Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property. f. Indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, including attorney's fees, and from liability to any person that Broker incurs because of Seller's negligence, representation, misrepresentation, action, or inaction, or the existence of undisclosed material facts about the Property. This clause will survive Broker's perfonnance and the transfer oftit\e. g. Perform any act reasonable necessary to comply with FIRPTA (Internal Revenue Code Section 1445). h. Make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer. Seller certifies and represents that Seller knows of no such material facts (local government building code violations, unobservable defects, etc.) other than the following: and will immediately inform Broker of any material facts that arise after signing this Agreement. I. The Property is to be sold "as is". Buyer is responsible for making all inspections and for costs incurred for those inspections. No warranties are implied or otherwise given by Seller in this transaction. VI. Compensation Seller will pay Broker as follows: .a. A commission of 6% of the total gross purchase price is due and payable by wire transfer out of sale proceeds at closing as a line item on closing statement. If Property is leased, commission shall be based on the gross lease amount and due and paid one half upon execution of lease and one half upon occupancy. b. Broker's fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by sale, lease, exchange, stock transfer, governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer is secured by Broker, Seller or any other person. (2) If Seller refuses or fails to sign an offer at the price and tenus stated in this Agreement, defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract. (3) If, within 120 days after Tennination Date ("Protection Period"), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects or persons with whom Seller, Broker or any real estate licensee communicated regarding the Property prior to Tennination Date. Any and all references to the word "Property", "sells the Property" or "sale of the Property" contained herein shall be deemed to include a . sale of all or any portion of the fee interest, leasehold interest and/or if an interest in Owner is sold in lieu of the Property to an entity desiring to purchase the Property, all or any portion of any beneficial ownership interests of the entity that owns the Property (including but not limited to the sale of all or any portion of any partnership interests or stock in the ownership entity). c. Retained Deposits: As consideration for Broker's services, Broker is entitled to receive 50% of all deposits that Seller retains as liquidated damages in a transaction, not to exceed the paragraph 6(a} fee. EXCLUSIVE RIGHT Of SALE USnNG AGREEMENT Page 3 VIl. Cooperation witb Other Brokers Broker's office policy is to cooperate with all other brokers except when not in Seller's best interest; to offer compensation to Buyer's Agents, who represent the interest of the buyer and not the interest of Seller in a transaction, even if compensated by Seller or Broker; and Transaction Brokers, who represent neither Seller nor the buyer, but who facilitate the sales transaction. VIII. Seller's Agent - Potential for Transaction Broker By signing this Agreement, Broker agrees to represent and act as Seller's agent within the scope of this Agreement. A Seller's Agent owes the Seller the fiduciary duties of loyalty, confidentiality, obedience, full disclosure, accounting, and the use of skill, care and diligence in carrying out Broker's duties under this Agreement. However, if (i) Broker represents a buyer who expressed interest in Seller's Property; or (ii) Broker or an agent in the listing office wishes to buy the Property, Broker's office policy is to act as a Transaction Broker. A transaction broker does not represent Seller or the buyer as an agent. Instead, Broker will treat both Seller and the buyer with honesty and fairness; will disclose all knO\Vl1 facts materially affecting the value of the property to both parties; will account to both parties for money or property that comes into Broker's possession; and will use skill, care and diligence in facilitating the transaction. lX. Dispute Resolution This Agreement will be construed under Florida law. All controversies, claims and other matters in question between the parties arising out of or relating to this Agreement, or the breach thereof, will be settled by first attempting mediation under the rule:; of the American Mediation Association or other mediator agreed upon by the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover reasonable attorney's fees and costs, unless the parties agree that disputes will briO by arbitration as follows: Arbitration: By initio . the space provided, Seller , Listing Agent L-j,Listing Agent (~, and Listing Broke gree that disputes not resolved ation will be settled by neutral binding arbitration in the county in \\i ch the Property is located. Arbitration ill be in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the parties. Each party to any arbitration or litigation (including appeals and interpleaders) will pay its own fees, costs and expenses, including attorney's fees, and will equally split the arbitrators' fees and administrative fees of arbitration. X. Disclosure of Lien Rights The Florida Commercial Real Estate Sales Commission Lien Act provides that when a broker has earned a commission by perfonning licensed services under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. Xl. Miscellaneous This Agreement is binding on Broker's and Seller's heirs, personal representatives, administrators, successors and " ?ssigns.. Signatures, initials and modifications communicated by facsimile willjle considered as originals. The term "buyer" as used in this Agreement includes buyers, tenants, exchangors, optionees and other categories of potential or actual transferees. EXCLlJSIVE RIGHT OF SALE LiSTING AGREEMENT Page IV A real estate broker is qualified to advise on real estate transactions. Broker advises Seller to consult an appropriate professional for related legal. tax, property condition, environmental. foreign reporting requirements and other specialized advice. Date: 1~~h7 Se ller: Gt>\cm \C1J 8W\ k ,rA Seller Ta.x ID: Business Phone: Facsimile: Address: Email Address: Date: Authorized Listing Agent: XfJfJJJi ; / '.. ....' .../. / j' Kathy Perez-Gu' -.. -. A uthorized Listing Agent: L (lflPhLU ~~~ Claire Holash Authorized Broker: Copy returned to Seller on the _~ day of , 2007 by: Mail E-mail Facsimile Delivery BROWARD COUNTY ..-.-.-.-. DADE COUNTY IVES DAIRY RD. MIAMI GARDENS DR. . .- :. .- :- :- .- :- :- :- :1 :- :- ,- o ,- :- :- :' :' :' :' :' '. :' :' o. :. :. :' :. :' :' :. :. :. :- :- :- :' :. :' .':. :' :' :- .:~ ("<i'~. ":. :- :- :. :. :. ,.. -. /- , \ --" ..... n..,... Itor.: n'r: '.""= ._"\ .....,...... ............, ..................... Gulfstream YACHT CLUB DR. - Park - MARINA - COVE - CIRCLE - - '-Np..."< - \NE.P- - - - . - . . - . . . . . . . - - . . . . . . ~. . ~ . Jl. .... ct). · ~ . <.L . . . . . {l:-' · Q . <?". .. M,,<SIIC . . . . . . . 33180 .. . . _._._._~_._._._._._._.~.~ . 185ST 33 60.. . . . [ 201 TEA. 10> C\J AVENTURA ~\..'\IQ. Fire I D Rescue Aventura Station Library Aventura Mall 192 S1. LEGEND ci > -oJ CD 2: <( UJ () o ci > -oJ CD 2: L5 () o Roadways . . . . . . City Boundary -. -. - ZIP Code Boundary - - - - - - - - -- - Railroad Exhibit 2 01-APP-09 Exhibit 3 01-APP-09 City of A ventura Exhibit 4 01-APP-09 ~ If-tJOJ e e~ ~ &r.~~iJjJ Government Center 19200 West Country Club Drive Aventura, Florida 33180 SUSAN Gom.IEB MAYOR March 30, 2009 COMMISSIONERS :lEv AUERBACH BOB DIAMOND TERI H0l2BERG BILLY JOEL MICHAEL SlERN Luz URBAEZ WEINBERG Jeffrey Bercow Bercow & Radell 200 South Biscayne Boulevard Miami, FL 33131 ERIC M. SOROKA, [CMA-CM CITY MANAGER Re: Colonial Bank, Mystic Pointe Dear Mr. Bercow: Staff has reviewed the documents submitted and has determined that the use of this unit has been discontinued or abandoned for a period of 90 consecutive days. Section 31-273 of the City Code now applies. This section provides that the use shall not be renewed or re-established and any subsequent use shall conform to the use regulations of the land use district in which it is located. The unit is located in the RMF4 zoning district according to the zoning map of the City's Land Development Regulations. This is an administrative decision. Section 31-83 of the City's Land Development Regulations provides appeal procedures for this decision. LU~ J01n~e Carr, AICP Community Development Director " c: Eric M. Soroka, ICMA-CM, City Manager David Wolpin, Esq., City Attorney PHONE: 305-466-8900 · FAX: 305-466-8939 www.cityofaventura.com RESOLUTION NO. 2009- A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN APPEAL PURSUANT TO SECTION 31-83 OF THE CITY CODE FROM A WRITTEN ORDER, REQUIREMENT, DECISION, DETERMINATION OR INTERPRETATION MADE BY AN ADMINISTRATIVE OFFICIAL IN ENFORCEMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS RELATING TO PROPERTY AT 3560 NE 191 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Colonial Bank, through Application No. 01-APP-09, has made application under Section 31-83(a) of the City Code to appeal the decision, determination or interpretation of the City's Community Development Director dated March 30, 2009 that the non- conforming commercial use of a one-story unit located at 3560 NE 191 Street (Mystic Pointe Drive), City of Aventura, being a portion of Tract B, according to the Plat of Mystic Pointe at Aventura, Plat Book 133, Page 1 recorded in the Public Records of Miami-Dade County, Florida has been discontinued and abandoned and may not be renewed or re-established and any subsequent use shall conform to the land use district in which it is located, pursuant to Section 31- 273 of the City Code; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the application for appeal and has considered the testimony of all interested parties at the public hearing, and has determined to grantldeny1 the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the application for appeal of the written decision, determination or interpretation made by the City's Community Development Director dated March 30, 2009 is hereby granted/denied1. Section 2. Effective Date. That this Resolution shall be effective immediately upon adoption. The foregoing Resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner to a vote, the vote was as follows: , who moved , and upon being put Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb 1 Language in bold italics indicates a decision to be made by the City Commission at public hearing. Resolution No. 2009- Page 2 PASSED AND ADOPTED this 2nd day of June, 2009. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK This Resolution was filed in the Office of the City Clerk this _ day of June, 2009. CITY CLERK TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission Eric M. Soroka, ICM City Manager Joanne Carr, AI Community Deve May 11, 2009 Application by TB Isle Resort, LP for small scale amendments to the City's Comprehensive Plan to change the Future Land Use Map designation of two parcels of land on West Country Club Drive totaling 2.69 acres from Business and Office to Parks and Recreation and to change the land use designation of two parcels of land on West Country Club Drive totaling 2.69 acres from Parks and Recreation to Business and Office (02-CPA-08 and 03- CPA-08 - Small Scale Amendments) and Application by TB Isle Resort, LP for amendments of the Official Zoning Map of the City of Aventura by amending the zoning designation for two parcels on West Country Club Drive totaling 2.69 acres from B2, Community Business District, to ROS, Recreation Open Space and by amending the zoning designation for two parcels on West Country Club Drive totaling 2.69 acres from ROS, Recreation Open Space to B2, Community Business District (01 & 02-REZ-08) May 5, 2009 May 5,2009 June 2, 2009 Local Planning Agency Agenda Items 4A & 48 City Commission Meeting Agenda Items 7 A & 78 City Commission Meeting Agenda Item 8'A- The above noted applications were recommended by the Local Planning Agency and approved on first reading by the City Commission at public hearings on May 5,2009. At the Local Planning Agency public hearing, a resident of an adjacent residential development, Turnberry on the Green, advised that she had seen the property posting signs but had not received mailed notice of the applications. For clarification, staff wishes to confirm the public notice provisions of the City Code and confirm that those provisions were fulfilled. Section 31-71(e) of the City's Land Development Regulations contains the provisions for public hearing and notice procedures. This section requires that all public hearing and notice requirements be provided in accordance with the provisions of Florida Statutes Section 163.3184(15) for a change to the adopted Future Land Use Map and in accordance with Florida Statutes Section 166.041 for adoption of ordinances and resolutions and the City's quasi-judicial legislation. The Florida Statutes sections regulate the size, number and timing of published notice. The City Code section provides as follows: . Notice of the time and place of the public hearing describing the nature of the application and street address of the property is to be published in a newspaper of general circulation in the City not less than ten (10) days prior to the public hearing. . A courtesy notice containing substantially the same information in the published notice may be mailed to property owners of record located within a radius of 300 feet of the property described in the application or such greater distance as the City Manager may prescribe; however, failure to mail or receive such courtesy notice shall not affect action or proceedings taken under this section. . The property is to be posted no later than ten (10) days prior to the hearing in a manner conspicuous to the public by a sign or signs containing information concerning the application including the applied for zoning action and time and place of the hearing. . All costs of advertising, mailing and posting is to be paid by the applicant. For the applications for comprehensive plan amendment and rezonings subject of this report, the following public notice was made: . An advertisement was placed in the Miami Herald newspaper on April 22, 2009. . Courtesy notice was mailed to 529 property owners within a 300 foot radius of the north and south parcels on April 24, 2009. The applicant submitted a notarized list of property owners, a radius map showing all properties within 300 feet and mailing labels. The mailing list included all unit owners of record of Turnberry on the Green, Bonavida and the commercial properties on the west side of West Country Club Drive. . Two property posting signs were erected on April 21; one in front of the northerly site and one in front of the southerly site. At the second reading public hearing, the City Attorney will announce a sign-in form for any member of the public interested in receiving an informational statement concerning publication of the state land planning agency's notice of intent on these applications. 2 The newspaper advertisement, property posting signs, courtesy mailing notice and sign-in form for the state information satisfies the procedures for public notice in Section 31-71(e) of the City Code. The applicant has paid to the City a deposit of $10,000 to cover the cost of these public notices. 3 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, IC City Manager rector TO: City Commission BY: Joanne Carr, AIC Community Developm DATE: April 16, 2009 SUBJECT: Application by TB Isle Resort, LP for small scale amendments to the City's Comprehensive Plan to change the Future Land Use Map designation of two parcels of land on West Country Club Drive totaling 2.69 acres from Business and Office to Parks and Recreation and to change the land use designation of two parcels of land on West Country Club Drive totaling 2.69 acres from Parks and Recreation to Business and Office (02-CPA-08 and 03- CPA-08 - Small Scale Amendments) - May 5, 2009 May 5, 2009 June 2, 2009 Local Planning Agency Agenda Item J:LiJ City Commission Meeting Agenda Item City Commission Meeting Agenda Item <g A RECOMMENDA TION It is recommended that the City Commission: 1. Approve the small scale Comprehensive Plan map amendment to change the land use designation of two parcels of land on West Country Club Drive totaling 2.69 acres from Business and Office to Parks and Recreation; and 2. Approve the small scale Comprehensive Plan map amendment to change the land use designation of two parcels of land on West Country Club Drive totaling 2.69 acres from Parks and Recreation to Business and Office; and 2. Approve the transmittal of the amendments to the Florida Department of Community Affairs and other state agencies pursuant to Chapter 163, Florida Statutes. .-~ THE REQUEST The applicant, TB Isle Resort, LP, is requesting two small scale Comprehensive Plan map amendments to allow an exchange of future land use designation on parcels totaling 2.69 acres each on West Country Club Drive. The northerly parcels are requested to be changed from Business and Office to Parks and Recreation and the southerly parcels are requested to be changed from Parks and Recreation to Business and Office to facilitate a rezoning of the northerly parcels from B2, Community Business District to ROS, Recreation Open Space and a rezoning of the southerly parcels from ROS, Recreation Open Space to B2, Community Business District. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY TB Isle Resort, LP NAME OF APPLICANT TB Isle Resort, LP LOCATION OF PROPERTY 19999 West Country Club Drive See Exhibit #2 for Location Map See Exhibit #3 for Parcel Locations ~ SIZE OF PROPERTY Northerly parcels: 2.69 acres Southerly parcel: 2.69 acres PROPERTY DESCRIPTION See Exhibit #4 for North Parcels Description See Exhibit #5 for South Parcels Description DESCRIPTION IBACKGROUND The site owned by the applicant is comprised of the Turnberry Isle Resort and the Turnberry Golf Club on West Country Club Drive. The applicant requests an exchange of zoning on four parcels of land within the golf course and resort on West Country Club Drive to facilitate future expansion of the resort. No development plans have been submitted at this time. The northerly parcels are the location of the pool, grill room and conference entry area. The southerly parcels are the location of the maintenance, laundry, nursery and storage area. The applicant requests the comprehensive plan amendments to allow rezoning of these parcels from B2 to ROS and from ROS to B2 respectively which will facilitate future expansion of the resort. .~ The existing uses on the parcels comply with the uses permitted in the respective proposed zoning categories. The pool and grill room parcel to be changed from B2 to 2 ROS can be considered accessory uses to the golf course since golf club members have access to these amenities as part of their membership package. These recreational uses also comply with the uses permitted pursuant to the existing Declaration of Restrictions on the golf course parcel. The conference center entry parcel serves as access to both the resort and the golf course. The proposed ROS zone on this entry parcel will restrict future development in this area. The maintenance, laundry, nursery and storage area proposed to be changed from ROS to B2 are accessory uses to both the resort and golf course. - ANAL YSIS I. Northerly Parcel Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: "- Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: II. Southerly Parcel Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office Parks and Recreation (Parcel 1) Business and Office (Parcel 2) Business and Office (Parcel 1) Parks and Recreation (Parcel 2) Parks and Recreation (Parcel 1) Business and Office (Parcel 2) Business and Office B2, Community Business District ROS, Recreation Open Space (Parcel 1) B2, Community Business District (Parcel 2) B2, Community Business District (Parcel 1) ROS, Recreation Open Space (Parcel 2) ROS, Recreation Open Space (Parcel 1) B2, Community Business District (Parcel 2) B2, Community Business District swimming pool, grill room, conference entry area golf course, conference center resort, golf course golf course, conference center resort Parks and Recreation Business and Office Medium-High Density Residential Parks and Recreation Business and Office 3 f~ Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: ROS, Recreation Open Space B2, Community Business District RMF4, Multifamily High Density Residential District ROS, Recreation Open Space B2, Community Business District nursery/maintenance/storage area resort residential condominium golf course regional mall Access - The parcels front on West Country Club Drive. Access is existing to the parcels. Conformity to City Comprehensive Plan - The amendments are consistent with the goals, objectives and policies of the City's Comprehensive Plan. More specifically, the proposal is consistent with the following policies in the Future Land Use, Parks and Recreation and Redevelopment Elements of the Plan: Future Land Use Element ,.,,~ Policv 8.2 Applications to amend the City's Future Land Use Plan map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in parlicular the extent to which the proposal, if approved, would: 1. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City; The proposed amendments will accommodate economic growth of the City by facilitating expansion of the existing resort. 2. Enhance or impede provision of services at adopted LOS Standards; Traffic - The parcels are located on West Country Club Drive and are of equal size. There will be no net increase in size to either land use category, therefore traffic volumes are expected to remain constant. Therefore, these applications will not impede provision of traffic services. Water - There will be no net increase in size to either land use category, therefore, provision of services will not be impeded. 4 "- Sewer - There will be no net increase in size to either land use category, therefore, provision of services will not be impeded. Mass Transit - A bus transit facility is located at Aventura Mall, located immediately across the street from the subject sites. Future development of the proposed business and office parcel will be required to provide pedestrian linkage to County and City transit services that are safe and convenient to transit users. Parks and Recreation - The City presently exceeds LOS standards for park space. There is no decrease or addition to park space since there will be no net increase in size to either land use category. Therefore, provision of service at adopted level of service standard will not be impeded. Stormwater Drainage - There is no net increase in size to either land use category, therefore, provision of services will not be impeded. Solid Waste - There is no net increase in size to either land use category, therefore, provision of services will not be impeded. 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods; and -"'~ The proposed amendments are compatible with abutting and nearby land uses and will protect the character of the neighborhood. Future development of the proposed business and office site will provide buffers to the residential property to the south through existing height and setback restrictions in the B2, Community Business District, site development standards in the City's Land Development Regulations. Improvements to the proposed business and office site proffered by the applicant will further buffer the adjacent residential property and enhance the streetscape in the neighborhood. 4. Enhance or degrade environmental or historical resources, features or systems of significance. The proposed amendments will not degrade the environmental or historical resources, features or systems of significance. Parks and Recreation Element Policy 4.1 The City adopts a level of service requiring 2.75 acres of net useable park land per 1,000 residents, implemented by the concurrency management system. .~., The estimated current population for the City of Aventura is 31,044. These amendments do not increase population. The amount of park and recreation land 5 ~~ required by the park level of service standard is 31,044 x 2.75/1000 or 85.37 acres. The existing available park and recreation land is 114.95 acres. No deficiency exists and the proposed amendments will not create a deficiency in this standard. Redevelopment Element Policy 2. 11 The location of parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments shall be co-ordinated to provide maximum user safety, while improving the comprehensive aesthetic appearance of A ventura. The applicant will be required, through the site plan review process when the proposed business and office site is developed, to locate parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments to maximize user safety and improve the aesthetics of the City. Traffic Generation - The City Engineer has reviewed the applications and determined that a traffic generation study is not required because there will be no net increase in size to either land use category and the properties in question are both located along West Country Club Drive. The traffic volumes on this street should therefore remain constant. Additional information, including a traffic study, will be required at the time of final development to ensure that proper traffic related standards are met. - School Impacts - The requested change in land use designations do not require analysis for school impacts since both land use designations are commercial and do not generate new students into the school system. Conformity to City Land Development Regulations - The proposed amendments will facilitate a proposed rezoning of the northerly parcels from B2, Community Business District to ROS, Recreation Open Space and a proposed rezoning of the southerly parcels from ROS, Recreation Open Space to B2, Community Business District. Any future development will be in accordance with the site development standards of those districts. Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. 6 ,-,..~ ~ BERCOW RADELL & FeRNANDEZ ZONING. LAND USE AND ENVIAONrv'lENTAL LAVV DIRECT LINE (305) 377-6238 E-Mail mmarrero@BRZonmgLawcom May 30, 2008 Exhibit 1 01 & 02-REZ-08 02 & 03-CPA-08 VIA HAND DELIVERY Ms. Joanne Carr, Planning Director City of A ventura 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 Re: 19999 West Country Club Drive; Zoning District Change and Comprehensive Land Use Amendment Dear Joanne: This law firm represents TB Isle Resort, LP with regard to lll': improvements and redevelopment of the Fairmont Turnberry Isle Resort lVX: Club at 19999 West Country Club Drive (the "Property"). This letter shall serve as the Applicant's letter of intent to rezone and redesignate a portion of the Propel-tv from ROS / Parks and Recreation to B2 / Business and Office; and to rezone and redesignate an equal portion of B2 / Business and Office area to ROS / Parks and Recreation. These zoning and CDMP amendments are part of the overall Phase I redevelopment of the Property. The conceptual master plan for the redevelopment of the country club/ golf course includes a change in the zoning of the laguna pool, grill room and tennis court area on the north and west side of the country club (the "Recreation Area") to the ROS zoning district and Parks and Recreation designation on the City's Future Land Use Map. In turn, the maintenance/nursery area on the southwest side of the country club (the "Future Hotel Development Area") would become part of the B2 zoning district and Business and Office designation on the City's Future Land Use IvIap. Tbe amount of land that is located in each zoning district would not change, sini ply its location. This proposed "land swap" will shift the pool and tennis courts in the country club from the B-2 District to the ROS District. Section 31-148 of the City Code states that the ROS District "is intended to provide for the recreation and open space needs of the City." Pools and tennis courts certainly contribute to the recreational needs of the City, and thus are in WACHOVIA ANANClAL CENTER' 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 . MIAMI, FLORIDA 33131 PHONE. 305.374.5300 . FAX. 305.377.6222 Ms. Joanne Carr May 15, 2008 Page 2 of 4 ,<,,_. the spirit of the ROS District. Furthermore, the following uses are explicitly permitted in the ROS District: a. Open space and passive recreational areas; b. Golf course; c. Boat ramps and docks; d. Outdoor cultural, educational and civic facilities; e. Parks; f. Waterways; and g. Uses accessory to any of the above uses when located on the san1.e plot There is no detailed description of "parks" in the Use Regulations of the ROS District, nor is it defined in the City's land development regulations. However, common sense dictates that parks are intended to include tennis courts and pools, as a permitted uses. Nevertheless, at a minimum, they should both be considered accessory uses to parks and golf courses. -~~ (1) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed change will not be inconsistent with the goals, objectives and policies of the City's Comprehensive Plan. There will be no net change in the amount of land for either zoning district. (2) The proposed zoning district is compatible with the surrounding area's zoning designation( s) and existing uses. There Property is already zoned a combination of B2 and ROS, and there additional lands surrounding the Property that are zoned B2 and ROS. Furthermore, since the resulting areas of each zoning district on the Property will be the same as prior to the amendment, the change is certainly compatible. (3) The subject property is physically suitable for the uses permitted in the proposed district. .'~ Although there has been no site plan associated with this application, the anticipated uses permitted in the proposed districts BERcaw RADELL CSr. FER NAN DEZ ZONING. LAND USE AND ENVIAONf\ltENTAL LAV\I Ms. Joanne Carr May 15, 2008 Page 3 of 4 are, not only physically suitable but, compatible and associated with the existing use on the Property. (4) There are sites available in other areas currently zoned for such use. Not applicable. The effect of this application will result in the same amount of Parks and Recreation / ROS and Business and Office / B2 land. (5) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. The proposed change has been contemplated as an element of the ongoing Property redevelopment. (6) The proposed change would adversely affect traffic patterns or congestion. The proposed change will have no adverse traffic impact. .-....-..... (7) The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The application proposes on increase in population or overall changes in use. (8) Whether the proposed change would have an adverse environnlental impact on the vicinity. There is not expected to be any environmental impact as a result of this application. (9) Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. ......-... The proposed change will not adversely affect the health, safety and welfare of the neighborhood or the City. Again, the resulting zoning and comprehensive plan designations will be the same as currently provided, but in slightly different locations within the Applicant's property. BERcaw RADELL ~ FER NAN DEl: ZONING. LAND use AND ENVIAONI\IIENTAL LAVV Ms. Joanne Carr May 15, 2008 Page 4 of 4 -- Conclusion. The proposed amendments to the City's Future Land Use Map and the City's Zoning Map are part of the overall master plan for tbe Property, as well as one of the final components of the Phase I redevelopmerrt that began in 2006. As described in the foregoing letter, the net amount of ROSjParks and Recreation and B2jBusiness and Office land will remain the same following these amendments, and it will all be retained on the Property. As such, we look forward to your positive review and recommendation of these applications. Please feel free to contact me regarding any comments or questions you may have. ,...,....... cc: Ms. Joanne Carr, Planning Director David Wolpin, City Attorney Ken Bernstein, Esq. Dar Gennett, Esq. Jeffrey Bercow, Esq. Sincerel y I B.ERCOW RADELL & FERNANDEZ ZONING. LAND USE AND ENVIAONt'v'IENTAL LAVV ,~ BROWARD COUNTY .._._.____ I.. :. :. .. ,. :. .. '. :. :. '. :. DADE COUNTY .. ......_._________ f \ j ~~ '. . . . . . . . . . . . .. .-.- - - " . 'I"\t ""'" ., ........"I'V ~I'" ..... . \...... " YACHT CLUB DR : nj MARINA · J COVE. ~~ CIRCLE · ~ \ r~ \NER~" ~ WATERWAYS JU/~ 207 ST IVES DAIRY RD. ,,,,.-.... MIAMI......, GARDENS DR. LEGEND Roadways City Boundary ZIP Code Boundary Railroad Exhibit 2 01 & 02-REZ-08 02 & 03-CPA-08 (' ,..., II 11 II r r ~ ~ ::J ::J C. C. en en :E :E ~ ~ "0 "0 m m x x ::; ::; 5' 5' ;:;: ;:;: I\J -" N 1'3 0, 0) to to )> )> (') (') CD CD ~ ~ / " _l~l. l. !~; I 1 I I ~ "I~'..;.! ~ I. ~~~~ $ - GOLF COURSE ~ 0 " "'1[..- [~ I""Q "'4 ""Q ~ AVENTURA ~~El '\ I~ I \ j ~: I \ I \ I \ I I \ \~ ~I If ;; i-~'~ ~~ .~ , E i m Exhibit 3 01 & 02-REZ-08 02 & 03-CPA-08 .~ ~~ TURNBERRY ISLES RESORT & COUNTRY CLUB 2.69 Acres Swap Area A VENTURA, FLORIDA THOMAS CHECCA, P.E, I ENVIRONMENTAL CONSULTANT 1'568"'~1Jrclr.1anofIPanoJand.Florlda33Qre Ph~I"""",F~(9,,)_''''''''4 ' "/"/- ..-..---'" - - - ~ !p~:rn' ~. rl!r.l~ ,- Exhibit 4 01 & 02-REZ-08 02 & 03-CPA-08 LEGAL DESCRIPTION: A portion of Tracts A-10 and B-10, AVENTURA TENTH ADDITION, according to the plat thereof, as recorded in Plot Book 135 at Page 92 of the Public Records of Miami-Dade County, Florida, and being more particularly described os follows: Begin at the most Westerly Northwest corner of said Tract A-10, the following three (3) courses being along the exterior boundary of said Tract A-10; 1) thence N 89'19'28" E fDr 74,75 feet; 2) thence N 20'410'37" E fDr 91,48 feet tD 0 pOint Df curvature; 3) thence NDrtheosterly and Southeasterly olDng 0 120,1010 fDot radiUS curve leading tD the right through 0 central angle of 138'25'38" far on ore distance of 289,92 feet to a non-tangent point, the following four (4) courses being alDng the exterior boundary Df said Tract B-10; 1) thence N 59'105'15" E for 18,1010 feet; 2) thence S 47'108'16" E for 193,28 feet; 3) thence S 69'22'104" E for 610,1010 feet to 0 point of curvature; 4) thence Southeasterly along 0 41010,1010 foot radius curve leading to the right through 0 central angle of 17"55'41" for on arc distance of 125,28 feet to 0 nDn-tongent point; thence S 57"28'102" W for 83,510 feet; thence N 41'14'210" W for 87,105 feet; thence N 510'29'310" E for 10,310 feet to 0 point on 0 circular curve concave to the Southwest and whose radius point bears S86'59'106"W; thence Northwesterly along 0 43.43 foot radius curve leading to the left through 0 central angle of 75'34'58" for on arc distance of 58,105 feet to 0 non-tangent point; thence S 48'04'510" W for 0,37 feet; thence N 41'22'59" W far 27.49 feet; thence S 48'35'33" W for 10"109 feet; thence N 41'27'47" W for 28,74 feet; thence S 48'38'102" W for 23,57 feet; thence N 41'11'14" W for 31.03 feet; thence N 87"02'24" W for 13,93 feet; thence S 48'32'104" W for 79.44 feet; thence S 06'110'31" W for 5,23 feet; thence S 72'105'105" W for 25,41 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears S77"22' 35"W; thence Southeasterly, Southwesterly and Northwesterly along o 77,85 foot radius curve leading to the right through 0 centro! angle of 178'55'58" for on arc distance of 243,15 feet to a non-tangent point; thence S 87"31'108" W for 28,18 feet; thence N 410'510'17" W for 35,57 feet; thence S 87'22'102" W for 27,310 feet; thence S 42'22'103" W for 16,97 feet; thence S 102'37'55" E for 47,13 feet; thence S 87"310'53" W for 61.56 feet to a point on the Westerly line of said Tract A-llO, also being the Easterly right of way line of West Country Club Drive; thence N 102'410'32" W along said Westerly line of Tract A-110 and Easterly right of way line of West Country Club Drive for 155,58 feet to the Point of Beginning, AND ,~ Commence at said most Westerly Northwest corner of Tract A-10; thence S 02'410'32" E along said Westerly line of Tracts A-110 and B-11O, and Easterly right of way line of West Country Club Drive for 837,96 feet; thence N 87"25'47" E for 200,46 feet to the Point of Beginning; thence continue N 87'25'47" E for 53,18 feet; thence N 42'25'47" E for 15,77 feet, thence N 02'33'13" W for 33,57 feet; thence N 87"26'47" E for 1210,69 feet; thence S 102'33'13" E for 42,01 feet; thence S 87"26'47" W for 41.45 feet; thence S 02'33'13" E fDr 39,61 feet; thence N 87"26'47" E for 62,28 feet; thence S 102'33'13" E for 24,13 feet, the following six (6) courses being along the exterior boundary of said Tract B-10; 1) thence S 87"26'47" W for 15,34 feet; 2) thence S 102'33'13" E for 34,14 feet; 3) thence S 87"26'47" W fDr 132.42 feet; 4) thence N 102'33'13" W for 74,14 feet; 5) thence N 47"42'35" W for 19,88 feet to a point on 0 circular curve concave to the Southeast and whose radius pOint bears S29'22'29"E; 6) thence Southwesterly along a 120,010 foot radiUS curve leading to the left through 0 central angle of 38'07'22" for an ore distance of 79,84 feet to 0 non-tangent point; thence N 02'410'32" W for 62.45 feet to the Point of Beginning" -,~., Drawn By Cad. No. Ref, Dwg. MAP 081267 ( LEGAL DESCR/PTlON FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653 180 Northeast 168th_ Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152/ En.ail fls@f1ssurvey.com I Date 10/21/08 Scale NOT TO SCALE Job, No. 081267 Dwg, NO,1008-109-1 B Sheet 1 of 4 2007-034 Plotted: 10/22/08 9:340 EXHIBIT 1 SURVEYOR'S NOTES: - This site lies In Section 3, Township 52 South, Range 42 East and Section 34, Township 51 South, Range 42 East, City of Aventuro, Miami-Dade County, Florida. - Bearings hereon ore referred to on assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive. - Lands shown hereon were not abstracted for easements and/or rights-of-way of records. - This is not 0 "Boundary Survey" but only 0 graphic depiction of the description shown hereon - Lands shown hereon containing 117,167 square feet, or 2.69 acres, more or less. - DimenSions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2007-034. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Descriotion" was mode under my responsible charge on October 21, 2008, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61 G 17 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal 01 a Florida licensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC" LB3653 By: Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. !~~ Dra wn By Cad. No Ref. Dwg. MAP 081267 r SURVEYOR NOTES AND CERTlFICA TION FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NU:MEER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.com I Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg. No 1008-109-1 B Sheet 2 of 4 2007 -034 Plotted: 10/22/08 9:340 ",,,.- A= 138025'38" R=120,OO' L=289.92' - EXHIBIT 1 I ".00 J u.. ~ I;;~ \ Oz \ ~~~ 1-2 I ~gw I ~ a \ ~:~ 0 W <'v 25 I 0..0)-.) "'0.. /L1 Ii 1-~ I ~ ~ 1\ ~~ I-~ ~~ 00 I 0.. () TRACT A-10 AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 ____ \ TRACT U \.-3 EXTERIOR 80UNDARY LINE OF TRACT 8-'0 FIFTH ADDITION BISCA YNE YACHT AND COUNTRY CLUB PcAT BDDK 99 PAGE 20 <0;' [XTERIOR 80UNOARY LINE \ OF TRACT A-10 A=76034'58" R=43.43' L=58,05' RB=S86059'06"W A= 17056'41 " R=400.00' L=125,28' .-J '-MOST WEST[RL Y N W CORNEy --- --- OF TRACT A-l0 __ L 15 ':> ( :v" (7 7 ~ >' ,,"? " 70 ,,'0 ,,'6 L.s ,,'<> " --- "- --- --- (~ 1t ~ L24 j I <01 ~l co IVW'ESTERL Y UNE OF TRACTS A-10 & 8-10 ANO EASTERLY RIGHT OF WAY liNE OF WEST COUNTRY CLU8 DRIVE -J \.-~\', (~ (;) L19 <.> "-.. "-.. \ \ \ \ \ \ \ \ ~ I I I I ) / / / / <: \ \ \ " \ \ > / \ // 'v \,..'" - \~A=178055'58" R=77"86' L=243.15' RB=S7?D22'35"W LINE T A8LE LINE T A8LE LINE LENGTH BEARING LINE LENGTH U 74.76 N89'! 9'28"E L21 2730 L2 91.48 N20'40'37"E L22 16.97 U 18.00 N69'06"S"E L23 47.13 L4 193.28 S47'08'16"E L24 61.56 l5 60.00 S69'22'04"[ L25 155.58 L6 83.50 S57'28'02"W L26 63.18 L7 87.05 N41'14'20"W L27 16.77 L8 0.30 NSO'29'30"E L28 33.67 L9 0.37 S48'04'SO"W l29 120.69 UO 2749 N4I'22'S9"W UO 42,01 Ul '0.09 S48'3S'33"W U, 4145 U2 28.74 N4"27'47"W U2 39.61 U3 23.57 548'38'02"W U3 62.28 l14 31.03 N41",1'14"W L34 24.13 us 13.93 N87"02'24"W us 15.34 U6 7944 S4-8"32'04"W U6 34.14 U7 6.23 506'10'31"W U7 13242 l18 26.41 572'05'05"W U8 74.14 LI9 28.18 S87"3' '08"W U9 19.88 L20 36.67 N40'50"7"W L40 6246 8EARING S87"22'02"W 542'22'03"W S02'37'S5"E S87'30'S3"W N02'40'32"W N87'26'47"E N42'26'47"[ N02'33'13" N87'26'47"E 502"33'13"[ 587'26'47"W S02'33',3"[ N87'26'47"[ 502'33"3"[ S87'26'47"W S02'33'13"[ S87'26'47"W N02'33"3"W N47'42'3S"W N02'40'32"W I 1\ \ \~~ I \ i~ \ w~ ~z I z:o wo Uu I ~ I \ ~I ~\ ~I \ VlI ro I ::> I I A=38007'22" -I \ >" R=120.00' o >";; <( I L= 79,84' ,. ~ RB=S29022'29"E ~r >- ~ ~ ~___ti811~4_:tL_- L26 (1 ~~I\ ~ 20046fi~( z '" ~ I POINT OF :5V~' ,).9 ::> ~ ~ I BEGINNING ..J 8 '~3'00' II I~EXT[RIOR 80UN~:R: LINE r- I OF TRACT 8-10 (f) >-:!i ~ 1\ :i: II/TRACT U ~!;< ~ / BISCAYNE :~6~~ ~~~I~g~NTRY CLUB iE a:' I / PLAT BOOK 99 PAGE 20 SOUTH LINE OF SECTION 34-51-42 NORTH LINE OFSECrlON 3-52-42 AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 T R A C T 8 - ~O ill > a: o TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL FORTIN, LEAVY, SKILES, SKETCH #2007-034 L29 ~o c<l ~31 -' TRACT D-10 c<l 3 {AVENTURA TENTH ADDITION -' L3 ~ PLAT BOOK 136 PAGE 92 L3S:J __--~ <D 7 :J \ " GRAPHIC SCALE o o 60 ~ 120 ] 240 I ( IN FEET ) 1 inch = 120 It. r I Date 10/21/08 Scale 1"=120' Job. No. 081267 Dwg. NO.1008-109-1B Sbeet 3 of 4 Drawn By Cad. No. SKETCH OF DESCR/PTlON MAP 081267 F ORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUl\.1BER: 00003653 180 Northeast 168th. Street I North Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-65l-7152 / En1.ail fls@flssurvey.con1 Ref. Dwg. 2007-034 Plotted: '0/22/08 9:340 ,~ Drawn By Cad. No. Ref. Dwg. Plotted: MAP 081267 2007-034 10/22/08 9340 EXHIBIT 1 EXHIBIT 1 '\J ~?-D 000\.-'C.. \0?-~ ~'\Jl\'l w > 0:: o m :::J -l U r- 0:: f- Z :::J o U f- UJ W 3; TURNBERRY ISLE RESORT & COUNTRY CLUB A VENTURA MALL Sr.<J 1'r: I? O.<J() 1\10 r &S6' N.t:.. 9 LOCA T/ON SKETCH FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 I En."lail fls@f1ssurvey.con.1. TURNBERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE EXHIBIT 1 I Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg. NO.1008-109-18 Sheet 4 of 4 "~~ Exhibit 5 01 & 02-REZ-08 02 & 03-CPA-08 LEGAL DESCRIPTION: A portion of Tract U, FlFTH ADDJTJON B1SCAYNE YACHT AND COUNTRY CLUB, accord,ng to the plot thereof, os recorded ,n Plot Book 99 at Page 20 of the Publ,c Records of M,oml-Dode County, Flondo, and being more particularly described os follows: Commence at the Southwest corner of Tract B-10, AVENTURA TENTH ADDITION, according to the plot thereof, os recorded in Plot Book 136 at Page 92 of the PubliC Records of Miami-Dade County, Florida: thence N 02'40'32" W along the Westerly line of said Tract B-10, also being the Easterly right of way line of West Country Club Drive for 223.65 feet; thence N 87' 19'28" E for 200.45 feet to the Point of Beginning; thence S 02'40'32" E for 147.73 feet, thence S 69'21 '03" W for 52.68 feet to 0 point on 0 circular curve concave to the Northwest and whose radiUS po,nt bears N64'51' 11 "w, the lollowing three (3) courses being along the exterior boundary of said Tract B-10; 1) thence Northeasterly along a 170.00 loot radius curve leading to the left through 0 central angle of 12'54'24" for on ore distance of 3829 feet to 0 pOint of tangency; 2) thence N 12' 14'25" E for 11201 feet to 0 pOlOt of curvature; 3) thence Northeasterly along 0 120,00 foot radius curve leading to the right through 0 central angle of 10'15'44" for on ore d,stonce of 21.49 feet to the Point of Beginning. AND - Commence at said Southwest corner of Tract B- i 0; thence S 02'40'32" E along the Westerly l>ne of Tract C-10 of said AVENTURA TENTH ADDITION, and said Easterly right 01 way line of West Country Club Drive for 30.99 feet to the Point of Beginning, also be>ng the Northwest corner of said Tract U, the following three (3) courses being along the exterior boundary of said Tract U; 1) thence S 02"40'32" E for 36.00 leet to 0 point of curvature; 2) thence Southeasterly along 0 4510.66 foot radius curve leading to the left through 0 central angle of 6'18'50" for on arc distance of 497.07 feet to the Northwest corner of Tract HH of said FIFTH ADDlTJON BISCAYNE YACHT AND COUNTRY CLUB; 3) thence N 81'00'39" E along the North line of said Tract HH for 211.44 feet to 0 point on 0 circular curve concave to the Northeast and whose radius point bears N81'00' 38"E, thence Northwesterly along a 4299.22 foot radius curve leading to the right through 0 central angle of 3'48'14" for on arc distance of 285.43 feet to 0 non-tangent point; thence N 28'44'49" W for 4373 feet; thence N 03'20'32" W for 24.05 feet; thence N 21'07'43" E far 71.73 feet to 0 point on 0 circular curve concave to the Northeast and whose radius point bears N86'31'53"E; thence Northwesterly along 0 4286.18 foot radius curve leading to the righf throJgh 0 central angle of 0'59'39" for on arc distance of 74.37 feet to 0 non-tangent point; thence S 87'27'34" W for 35.71 feet; thence N 45'59'34" W for 61.79 feet; thence N 00'35'40" E for 66.67 feet to a point on a circular curve concave to the Northwest and whose radius point bears N64'51'l 1 'W, also being 0 point on the exterior boundary of said Tract U; thence Southwesterly along said exterior boundary of Tract U, also being along 0 170.00 foot radius curve leading to the right through 0 central angle of 62'10'39" for on arc distance of 184.48 feet to the Point of Beginning ~~ Drawn By Cad No. Ref Dwg MAP 081267-1 ( LEGAL DESCRIPTION I Date 10/21/08 Scale NOT TO SCALE Job No. 081267 Dwg. No 1008-109-2BR Sheet 1 of 4 2007-034 FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORJDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168m. Street I North Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152/ En..ail fls@flssurvey.com Plotted; 10/22/08 9:340 ....--.. EXHIBIT A SURVEYOR'S NOTES: - This site lies in Section 3, Township 52 South, Range 42 Eost, City of Aventura, Miami-Dode County, Florida - Beorings hereon ore referred to an assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive - Londs shown hereon were not abstracted for easements ond/or rights-of-way of records. - Easements per said Plot Book 99 at Page 20 not shown os requested - This IS not a "'Boundary Survey"' but only 0 graphiC depiction of the description shown hereon. - Lands shown hereon containing 117.171 square feet, or 2.69 acres, more or less. - Dimensions shown hereon are based on Fortin. Leavy, Skiles, sketch #2007-034 SURVEYOR'S CERTIFICATION: 1 hereby certify that this "'Sketch of Description" was mode under my responsible charge on October 21. 2008, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61 G 17 - 6, Florida Administrative Code. pursuant to Section 472.027, Florida Stotutes. "Not valld without the signature and the original raised seal of a Florida Llcen u eyar and Mapper" .- :OR:~N,,~53~ Surveyor and Mapper, LS2853 State of Florida. ,,~ 21'11'17-1'134 r SURVEYOR NOTES AND CERTlFICA TlON FOR TIN, LEAVY, SKILES, INC. CONSULTlNG ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORJZATION Nt.JMBER: 00003653 180 NorLb.east 168m. Street: / North Miami Beach. Florida. 33162 Phone: 305-653-4493/ Fax 305-651-7152 I Email fls@flssurvey.com I Date 10/21/1'18 Scale NOT TO SCALE Job No. 1'1081267 Dwg No. 1008-109 -2BR Sheet 2 of 4 Drown By Cad. No Ref. Dwg. MAP 1'181267-1 Flotted: 10/22/08 9:340 ,- EXHIBIT A I \ \ \ \ \ I \ \ \ \ \ \ \ \ \ \ \ \ \ \ () Drawn By Cad, No, Ref. Dwg, 081267-1 2007-034 Plotted,' 10/22/08 9:340 LLI > - a: o co ::J .-J o MAP >- a: I- Z ::J o o I POINT OF ~ BEGINNING ~ t - _N~T~'~"~ - -1qQ~' ~ A=10015'44" \ R=120,OO' L=2149' 7000' ~ ~~';/Bo6oKw~~ TRACT [8-iO PAGE 20 ."~ \ AVENTURA TENTH ADDITION '" PLAT BOOK 136 PAGE 92 '" ~~ POINT OF r COMMENCEMENT ~ ~ \ I s, W CORNER OF TRACT B-lO o '" I ~3 .~\ TRACT C-10 ~ u ~ II PLAT BOOK 136 PAGE 92 ;~ Z\ 11 _ _ ~~ S?t tb~ ~.=. u>- g~ >: - <( 1:>~ 3: !z'i3 u... :Jet' o ~~ f- !:'w a I ~3 i \1, \ \ ~ EX1IRIOR BOUNDARY LINE OF TRACTS 8-10 AND TRACT U A=12054'24" R=170.00' L=38.29' RB=N64051 '11 "W .w N. "'01 oo:..q " 0 ....J Nn o (f) ~ 13.00' I RIGHT Of WAY PLA 1 BOOK 99 PAGE 20 GRAPHIC SCALE .04-0 80 160 I I I IN FEET ) 1 inch = 80 It. -' FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 <'70 L9 I- (j) LLI S 7300' R\GH1 Of :~~ PLA 1 BOO PAGE 20 \ \ \ \ \ SOUTH UNE OF "TRACT U L5 --~FwTR~~~N~~ TRACT HH r SKETCH OF DESCR/PTlON FORTIN, LEAVY, SKILES, INe, CONSULTlNG ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast: 168th. Street / North lv1iarni Beach, Flol-ida. 33162 Phone: 305-653-4493.1 Fax 305-651-7152 J Email fls@flssurvey.com A=0059'39" R=4286.18' L=74.37' RB=N86031 '53"E LINE TABLE LINE LENGTH BEARING L1 14773 502"40'32"E L2 52.68 569'21 '03"W L3 112.01 N12"4'25~E L4 36.00 S02'40'32"E L5 211.4 N81'OO'39"E L6 4373 N28'44' 49"W L7 24.05 N03'20'32'W LB 71.73 N21'07' 43"E L9 35.71 S87'27' 34"W LlO 61,79 N45'59'34"W L11 66.67 NOO"35'40"E A=3048'14" R=4299.22' L=285.43' RB=N81000'38"E NORTH UNE OF "TRACT HH PLAT SOOK 99 PAGE 20~ I Date 10/21/08 Scale 1 "=80' Job. No. 081267 Dwg. No, 1008-109 - 2BR Sheet 3 of 4 Drawn By Cad. No. Ref Dwg Plotted: 10/22/08 9:340 't.-\! ~I?-\) BOD\- ~ \!(';.\\'JI?-~ AVENTURA MALL S 1'-1 1'(" f?O-1 [) f\; 0 &ss MAP r LOCA nON SKETCH 081267-1 2007-034 EXHIBIT A \ F.'",~ TURN BERRY ISLE RESORT & COUNTRY CLUB w GOLF COURSE > ~ I\TURNBERRY ISLE RESOJRT :::l & COUNTRY CLUB .-J i I Lr0 :::l o U f- ({J W 3; ,,\) SiR't.-\:.i \9'2'~ \'-IL g FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AlJTHORIZATION NUMBER: 00003653 180 Northeast. lo8th. Streec.! North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / En'lail fls@flssurvey~com EXHIBIT A ~ I Date 10/21/08 Scale NOT TO SCALE Job No 081267 Dwg. No 1008-109-2BR Sheet 4 of 4 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted The undersigned authorized representative of \he individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e. Attorneys, Architects, Landscape Architecls, Engineers, Lobbyists, Efe.) Alloy-net! i A!fpYl1tj ~..AJ6/.o 6 G-IL 0u R.- (}8f( ole, l11,e "'AeL. ;t!"R.1U!j1U) Je~~ /3cs.l2eDW ~,..., ~ 0 Hl!!f:U 1# DA.Nlel- he-TII\) (Attach Additional Sheets If Necessary) ,~. NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FORTHE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC, 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE, WITNESS MY HAND THIS ;/ DAY OFJ':, AJ6 , ZOo!.. AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER /'" "I By: By: (Signature) (Si~ture) Name: -=:Ie J.Jtrint) Title: ~N".t.J" (Print) Sell ?"tQ;T1.J~ Address: 1995) ~ a,,~ ~8 A I~ 'a ~eA, S~180 Name: Title: Address: SWORN TO AND SUBSCRIBED BEFORE ME this f day of...;;rwJE. .Q~.. 6).0'0 ,,~,~\~.lf;L~1' Ania. Be Zeigler ..;, - ".~ . . "/'" . . - . (:~...., '" .-\ . .)/ ,A. \,,~:: Ct\mmission # DD~t:,j(lb') , lliill :<.. ,,,, . "3 ?(""'" ..'...~'<...if~ Expires ..;une- ,; ,,,.<.i' U . ";~~:FXI~f~" fi(...~l'\"i'!d r,C'!! I::altl ~ Inb...rl;)hCO, In(: P,Dtl.3~)S.-70i'.:; 4~- "",--. BUSINESS RELATIONSHIP AFFIOA VIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura land Development Code. The undersigned Affiant hereby discloses that (mark with 'x' ~Iicable pOl1ions only) [l(1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. I J 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (Ust name of Commissioner OT Advisory Board Member) who serves on the (Ust City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [] i Member of City Commission or Board holds an ownership interest in excess of 1% of lolal assets or capital stock of Applicant or Representative; [J ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not Iisled on any national or regional slock exchange) or joint venlurer with the Applicant or Representative in any business venture; ! ] iii. The Applicant OT Representative is a Client of a membeT of the City Commission or Board or a Client of another professional working from the same office or for the same empbyer as the member of the City Commission or Board; fJ iv. A City Commissioner or Board member is a Client of the Applicant or Representative; { ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts moTe than $10,000.00 of tile business of the member of the City Commission or Board (or his or her employer) in a given calendar year; I ) vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts re than $25,000.00 of the business of the Applicant or Representative in a given calendar year. -l- DAY OF J:..~ ,20oe APPLICANT: ,20oB (Signature) (Plint) (PrinQ 'The terms "Business Relationship: 'Client: "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code" '1 t-~ :s u /IJ.... WITNESS MY HAND THIS ~ ~A Y OF ,200.L REPRESENTATIVE: (Listed on Business Relalionship Affidavit) By: (Signature) By: (Signature Name: J~~y &rbfW (Print) Name: (Print) T;tl, M+ ~ (Print) Title: (Print) B:7f ~. "~ature) By: (Signature Name: M. i c.:....V\~t \ M. (1. '( '(Prin?) Name: (Print) Title f\+\-1 (Print) Title: (Print) By: (Signature) By: (Signa/ure Name: (Print) Name: (Print) Title (Print) Title (Print) By: (Signature) By: (Signature Tille: (Print) Tille: (Print) ~,." Tille: (Print) Title: (Print) By: (Signature) By: (Signa/ure Tille (Print) Tille: (Print) Tille (Print) Title: (Print) By: (Signature) By: (Signature Title (Pn'nl) Title: (Print) Tille: (Print) Tille: (Print) NOTE: 1) Use duplicate sheets jf disclosure information for Representative varies 2) Applicants and Aftiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete i.fW ,200& WITNESS MY HAND THIS -DAY OF .j Ui j'J r;:; REPR~~A TIVE; (List~d on _B~:iness Relationship Affidavit) B#~Y~ (Signature) By: (Signature Name:l:v\'-'iCc.. C. 1:=l;;J~_'l/d (Print) Name: (Print) Titl r,\,u (Print) Tille: (Print) By: By (Signature Name: '\\\0\1.\'6 a~C0p... (Prinr) Name: (Print) Title: ()~ ,..i (;;..-...L. (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Tille: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Tille: (Print) Tille: (Print) Title: (Print) By: (Signa/ure) 8y: (Signa/ure Title: (Print) Tille: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets jf disclosure information for Representative varies 2) Applicants and Aftiaots are advised to timely supplement this Affidavit pursuant to Sec. 31-71 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete NOTARIZATION PROVISION S~WJ\WS\JBW;J!.~'5~;~~\\ll~~~\~' ~Y)ij7T~ ~l 8~" >(~ ~, ... ~ I II ~ ~~ ; \1y_.3"'11. Dn~::,'?'YJt [I ~O:!If,Q/ ';".im~ ,,'WI5t:Jf\j' ;l",.=~=:. . .. ..,..,,'.:'2'. '.:'.:'.'.'~.:_'. ,:,:, .7 . STATE OF FLORIDA ) COUNTY OF MIAMI. DADE) Berore me, ltie undersigned aulhority. personally appearedt{ 1,11&k- ( executed this Affidavit for the purposes slaled lherein and thai it is true and correcl ....--. AFFIANT SWOOIlLlQAtllr1SUBSGflI8~t}c,b,e101:eme'l!'is~'~r\~~l,l k.f1/ , 20Q~ ,/7 ii u ~ ~I.i d:JICiry pU:j!;t, St1!Ii' t" !'"'''''''' :' " i\ f'y:~f:~ 3G!I~Ui!:'8nt, '," ,',' ' , i ~\~i:-, F'f .IJlv C\Ymm'3~ji0n ~)\}Li'-,',~!;)~' ~:Ln \I~~?i~~~~~- __~!;~~.~~ q~~~9,?;:,'~.~ eing firsl by me duly swom did swear or affirm thai he/she ?, ,,"~ STATE OF FLORIDA ) COUNTY OF MIAMI.DADE) BelDre me. Ihe underSigned authority personally appeared executed this Affidavit for the purposes slaled Iherein and that iI is lrue Dnd correct the Affianl. who being first by me duly swam. did swear or affirm ll1al he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day 01 ,200_ Nolary Public Slale 01 Florida AI Large Printed Name of Notal)' My commission expires: 5T A TE OF FLORIDA ) COUNTY OF MIAMI"DADE) Belore me, the undersigned DUthOrity, personally appeared executed this Affidavit for the purposes stated therein and that iI is true and CllrrecL the Affiant, who being first by me duly swom, did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200 Notary PUblic Stale of Florida At Large Printed Name of NOlilry My commission expires: - NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MlAMl,DADEj Belore me the undersigned aulhonly personally appeared ~!- C . fi1tT'~ Executed this Alr.da~it lor Ul€ purposes slaled therein and thaI it is lrue and correct Notary Public State Of Flonda Susan P Kay My Commission 00767544 Expires 04/06/2012 ~V~ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, \he undersignelJ aulhotily. personally appeared1' 'w- -, e/l, executed this Affidavit for \he purposes slaled therein and that i\ is lrue and cone<:l swo e ~V~IJ.. :R~.~ . . '!l- ,<( ~.., o-.,Iii 0,,,, Notary Public State of Florida Susan P Kay My Commission 00767544 Expires 04/0612012 ,.............. ( ~ .200t i2 1!-i ,! Lh1J-.J . .... Jz( NO~Pu.\llic ~ or2frlda At Large. . ~ U ';;./ . . 1L=.zA- V Printed Name of Notary y ,/ My co mission expires: - t; <dO J J- AFFIA 2001" L.<-u I fj-L! Nql,al)' Public ~te ~IO~ Al ye / ..J. U~41'1 . 4- Printed Name of Notary My commission ~pires: Y' - /, <JtJ/ d- STATE OF FLORIDA ) COUNTY OF Mw.lI-DADE} Before me, \he undetsigfl€d authority. personally appeared executed Ihls Affidavit for the purposes slaled therein and that il is flUe and correct \he Affiant. who beil19 first by me duly swom did swear or atflfTll\hat he/she SWORN TO AND SUBSCRIBED before me this _ day of AFFIANT J .200_ Notary Public Slale of Florida AI Large Printed Name or Notal)' My commlsslon expires: STATE OF FLORIDA ) COUNTY OF M1AMI,OADE) 8elore me, lI1e undersigned auUJOfily, personally oppealild exeruted lhis Affidavit for \he purposes s1ated lhElein and lhat il is lrue and correct \he Affiant. who beil19 flrsl by me duly sworn, did swear or affirm 1l1at he/she SWORN TO AND SUBSCRIBEO before me lIlis _ day of ..",-.. AFFIANT . 200_ Nolary Public Slate of Florida At Large Printed Name of Notary My commission expir~: - NOTARIZATION PROVISION s !~ . ~or",1 Betty Llerena My Commissior. D0524988 , Expires 03105/20 1 ~ 1 - -.--"-. .-._._-~...-=~~ STATE OFFLORIDA ) COUNTY Of MlAMI,DADEj Before me, 1M undersigned au\/lorily, pe/1;nnally appearedt't \,I1~ I exeClJted this Affidavi\ for 1I1e purpo>es slaled ll1erein and 11>31 it is true and correct !~~ ~OH\'# _u;o~ dq~ Notary Public State oTFlOrid8 . BetI.y Llerena " My CommisSion D0524988 : cxvims 0310512010 I ---=~~-'...,..". eing flsl by me duly swom. did swear or alflrm \/lat he/she s STATE OF FLORIDA ) COUNTY OF MIAMI.DADE} Berore me. the undersigned aulhority. persooally appeal!! ~: execulcd thiS Alfidavil for the purposes slaled theJein and thalli is true ond correct or ilffil11llllat he/she SWORN TO AND SUBSCRIBED before me \his -4 day of .>~"t~f!! s;:;.~~;~:?", > .".!..,'~,~. ,-,~\r""S ...'.,1'1<., ..., "">'f..~~;E?~"'> f;(;~:~ '::n~r F~I" .1fl"tlrdn(:(~, \;;(' (:.::<:-.~.:".' ~o-rA?-!ze ~ STATE OFFlORIDA ) COUNTY OF MIAMI.DADE) Before me, the undelsigned oulhnrily, pe/1;onally appeared execuled this Affidavil for the pUlJloses slaled thlMeill and ilIal il is lrIJe and correct \he Allian~ who being fi~1 by me duly swom, did swear or afnl1lllhal helshe AFFIANT SWORN TO AND SUBSCRIBED befOfe me \his _ day 01 .200_ Nolilry Public Stale of Florida Al large Prinled Name of NOIary My commission expires: /~ ORDINANCE NO. 2009- - AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR TWO PARCELS LOCATED ON WEST COUNTRY CLUB DRIVE, CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WHEREAS, the Future Land Use Map of the Plan designated the property described in Exhibit "A" as Business and Office; and WHEREAS, the Future Land Use Map of the Plan designated the property described in Exhibit "B" as Parks and Recreation; and WHEREAS, the applicant, TB Isle Resort, LP, has made application to change the future land use designation of the property described in Exhibit "A" from Business and Office to Parks and Recreation; and WHEREAS, the applicant, TB Isle Resort, LP, has made application to change the future land use designation of the property described in Exhibit "B" from Parks and Recreation to Business and Office; and WHEREAS, the City Commission has agreed to approve a Recreation Open Space zoning designation on the property described in Exhibit "A" and agreed to approve a Ordinance No, 2009- Page 2 Community Business zoning designation on the property described In Exhibit "B", conditioned upon the approval of these respective Plan amendments; and WHEREAS, the City Commission has determined that the proposed amendments are consistent with the intent of the original development plan for the properties and that all public conditions and restrictions have been satisfied; and WHEREAS, the Plan amendments will not result in impacts on any infrastructure system that will exceed established Level of Service standards and are otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the future land use map designation on the property described in Exhibit "A" from Business and Office to Parks and Recreation and to amend the future land use map designation on the property described in Exhibit "B" from Parks and Recreation to Business and Office; and WHEREAS, the City Commission believes the amendments will maintain the unique aesthetic character of the City and improve the quality of life for its residents by exchanging the future land use designations for these properties, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance, Section 2. Purpose. That the action contemplated by this Ordinance preserves the unique aesthetic character of the City, ensures that adjacent land uses are compatible, protects property values, creates a better business climate, enhances the physical appearance of the community and preserves the natural beauty of the City, Section 3. Amendment of Future Land Use Map Desianation. That the future land use map designation of the parcels of land described in Exhibit "A" to this ordinance, totaling 2,69 acres is hereby changed from Business and Office to Parks and Recreation, Ordinance No, 2009- Page 3 Section 4. Amendment of Future Land Use Map Designation. That the future land use map designation of the parcels of land described in Exhibit "B" to this ordinance, totaling 2,69 acres is hereby changed from Parks and Recreation to Business and Office, Section 5. Severability, That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part, Section 6. Inclusion in the Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish such intentions, Section 7. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs and other agencies as provided under Chapter 163, Part II of the Florida Statutes, Section 8, Effective Date, This Ordinance shall be effective immediately upon passage by the City Commission on second reading, except that the effective date of the Plan Amendments approved by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs or Administration Commission finding that the Plan Amendments in compliance in accordance with Section 163,3184, Florida Ordinance No. 2009- Page 4 Statutes, whichever occurs first. The Florida Department of Community Affairs' notice of intent to find the Plan Amendments in compliance shall be deemed to be a final order if no timely petition challenging the Plan Amendments is filed pursuant to Chapter 163, Florida Statutes, The foregoing Ordinance was offered by Vice Mayor Holzberg, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading, This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Ordinance No, 2009- Page 5 PASSED on first reading on this 5th day of May,2009. PASSED AND ADOPTED on this 2nd day of June, 2009. Susan Gottlieb, Mayor ATTEST: TERESA M, SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ,';~ t----1Il hrI CITY ATTORNEY - EXHIBIT -A. LEGAL DESCRIPTION: A portion of Tracts A-10 and 8-10, AVENTURA TENTH ADDITION, according to the plat thereof, as recorded in Plot Book 136 at Page 92 of the Public Records of Miami-Dade County, Flonda, ond being more particularly described os follows: Begin at the most Westerly Northwest corner of soid Tract A-10, the following three (3) courses being along the extenor boundary of said Tract A-10; 1) thence N 89'19'28" E for 74.76 feet: 2) thence N 20'40'37" E for 91.48 feet to 0 point of curvature: 3) thence Northeasterly and Southeasterly along 0 120.00 foot radius purve leading to the right through 0 central angle of 138'25'38" for on arc distance of 289.92 feet to 0 non-tangent point, the foliawing four (4) courses being along the exterior boundary of said Tract B-10, 1) thence N 69'06'15" E for 18.00 feet; 2) thence S 4108'16" E for 193.28 feet; 3) thence S 69'22'04" E for 60.00 feet to 0 point of curvature;' 4) thence Southeasterly along 0 400.00 foot radiUS curve leading to the right through 0 central angle of 17'56'41" for on arc distance of 12528 teet to 0 non-tangent point; thence S 57'28'02" W for 8350 feet; thence N 41'14'20" W for 87.05 feet; thence N 50"29'30" E for 0.30 feet to 0 point on 0 circular curve cancove to the Southwest and whose radius pOint bears S86'59'06"W; thence Northwesterly along a 43.43 foot radiUS curve leading to the left through 0 central angle of 76'34'58" for on arc distance of 58.05 feet to 0 non-tangent point; thence S 48'04'50" W for 0.37 feet, thence N 41'22'59" W for 27.49 feet, thence S 48'35'33" W for 10.09 feet; thence N 41'27'47" W for 28.74 feet; thence S 48'38'02" W for 23.57 feet, thence N 41'11'14" W for 3103 feet; thence N 87"02'24" W lor 13.93 feet: thence S 48'32'04" W for 79.44 feet; thence S 06'10'31" W for 623 feet, thence S 72"05'05" W lor 2641 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears S77"22'35"W; thence Southeasterly, Southwesterly and Northwesterly along a 77.86 foot radiUS curve leading to the right through 0 central angle of 178'55'58" for an arc distance of 243.15 feet to a non-tangent point: thence S 87"31'08" W for 28.18 feet; thence N 40'50'17" W for 36.67 feet; thence S 87"22'02" W for 27.30 feet; thence S 42'22'03" W for 16.97 feet, thence S 02"37'55" E tor 47.13 feet; thence S 87"30'53" W for 6156 feet to a pOint on the Westerly line of said Tract A-10, also being the Easterly fight of way line of West Country Club Drive, thence N 02"40'32" W along said Westerly line of Tract A-10 and Easterly right of way line of West Country Club Drive for 155.58 feet to the POint of Beginning AND .,~ Commence at said most Westerly Northwest corner of Tract A-10; thence S 02'40'32" E along said Westerly line of Tracts A-10 and B-10, and Easterly right of way line of West Country Club Drive for 837.96 feet; thence N 87"26'47" E for 200.46 feet to the Point of Beginning; thence continue N 87"26'47" E for 63.18 feet; thence N 42'26'47" E for 16.77 feet; thence N 02'33'13" W for 33.67 feet; thence N 87"26'47" E for 120.69 feet; thence S 02'33'13" E for 42.01 feet; thence S 87"26'47" W for 41.45 feet; thence S 02'33'13" E for 39.61 feet; thence N 87"26'47" E for 62.28 feet; thence S 02'33'13" E for 24.13 feet, the following six (6) courses being along the exterior boundary of SOld Tract B-10i 1) thence S 87"26'47" W for 15.34 feet; 2) thence S 02"33'13" E for 34.14 feet; 3) thence S 87"26'47" W for 132.42 feet; 4) thence N 02'33'13" W for 74.14 feet; 5) thence N 47"42'35" W for 19.88 feet to 0 point on 0 circular curve concave to the Southeast and whose radius point bears S29'22'29"E; 6) thence Southwesterly along a 120.00 foot radius curve leading to the left through a central angle of 38'07'22" for on arc distance of 79.84 feet to 0 non-tangent point; thence N 02"40'32" W for 62.46 feet to the Point of Beginning ~,-. Drawn By Cad. No. Ref. Dwg. MAP 1081267 r LEGAL DESCRIPTION I Date 110/21/108 Scale NOT TO SCALE Job. No. 1081267 Dwg. NO.1iOi08-109-1B Sheet 1 of 4 210107 -10.34 FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653 180 NOrtheast 168th. Street (North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 I En"1ail fls@flssurvey.com Plotted: 10/22/08 9,340 EXHIBIT A SURVEYOR'S NOTES - This s,te lies In Section 3, Township 52 South, Range 42 East and Seclion 34, Township 51 South, Range 42 East, City of Aventura, Miami-Dade County, Florida - Bearings hereon ore referred to on assumed value of S 02'40' 32" E for the Easterly nght of woy line of West Country Club Drive ~ Lands shown hereon were not abstracted for easements and/or rights-of-way of records - This IS not 0 "Boundary' Survey" but only 0 graphic depiction of the description shown hereon - Lands shown hereon containing 117,167 square feet. or 269 acres, more or less - Dimensions shown hereon ore based on Fortin, Leavy Skiles, sketch #2007~034 SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on October 21, 2008, and meets the Minimum Technical Standards os set forth by the Florida Boord of Professional Surveyors and Mappers in Chapter 61G17-6, Florido Administrolive Code, pursuont to Section 472.027, Florida Statutes "Not valid wllhout the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, lEAVY, SKilES, INC" lB3653 By ________________________________ Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. /...,-~ .,~ Drawn By Cad" No. MAP 081267 r SURVEYOR NOTES AND CERT/FICA T/ON I Date 10/21/08 Scale NOT TO SCALE Job No. 081267 Dwg. No 1008-109-1 B Sheet 2 of 4 Ref, Dwg. 2007-034 FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CER TIFICA TE OF AUTHORIZATION NUMBER, 00003653 180 N'ortheast 168th. Street I North Miami Beach, Florida. 33162 Ploone: 305-653-4493 I Fax 305-651-7152 I En...ail fls@flssurvey.com. Plot led: 10/22/08 9:340 'A= 138025'38' R=120.00' L=289.92 EXHIBIT It C) ll.Z Oz /-Z I ~ (3 Ow "v I CUO--l /L1 I J I ~~ I \ 3)(~ ~O 00"" (D'" ~ -< \ I~" "'5 "" n.oo' TRACT A-~O AVENTURA TENTH ADDITION ,PLAT BOOK 136 PAGE 92 ____ ( TRACT U \-3 r EXTERiOR BOUNDARY LINE OF TRACT 8-10 FIFTH ADDITION BISCA YNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 <9' EXTERIOR BOUNDARY LINE \ OF TRACT A-iQ ~ I ~(~"05T WE5TERLY N.W CORNEIt-- ------ --- I Z OF T11ACT A-10 ______------ W --- \ 2 --- w ~ (0"0,, LL () --l v L21 \ odJ \ ~ \/-2 --l Z 2 L24 j 100 \-- I 0.. () I \ 'cD I ~I oJ IV-WESTERLY LINE or TRACTS A-10 &.- 8-10 AND EASTERLY R1GH T OF WAY LINE Of WE5T COUN TRY CLUB DRIVE 1A=76034'58" R=43.43' L=58.05' / RB=S86059'06"W A=1 r56'41" R=40000' L=125.28' L 15 ':> < ~". </ / "" v "."( 'v /0 'v'0 'v"O (5 <0 'v "- -' \..'\~ (""0 L19 ('" ",CO A= 178055'58" R= 7786' L=243.15' RB=S7702235"W LINE TABLE LINE TABLE LINE LENGTH BEARING LINE lENGTH L1 74.76 N89'19'28"E L21 27.30 L2 91.48 N20'40'37"E L22 16.97 U 18.00 N69'06'15"E L23 47.13 L4 193.28 541'08'16"[ L24 61.56 L5 60.00 569'22'0."E L25 155.58 L6 8350 S5T28'02"W L26 63.18 L7 87.05 N41"' 4'20"W L27 16.77 L8 0.30 N50'29'30"E L28 33.67 L9 0.37 S48'O-4'50"W L29 120.69 Ll0 27.49 N4'"22'S9"W UO 42.01 Ll1 10.09 S48'3S'33"W Ul 4145 L 12 28.74- N4-1"27'47"W L32 39.61 L 13 23.57 5'8'38'02"W U3 62.28 LH 31.0J N41'11'14"W U4 24.13 L15 13.93 N8T02'24"W L3S 15.34- L16 79.44- S4S"32'04"W U6 34-.14 L17 6.23 506 'I 0' 31"W L37 13242 L18 26.41 S72'OS'OS"W UB 74-,14- L19 2818 S8T31'08"W U9 1988 L20 36.67 N40'SD'17"w LiO 62,46 ~ "" " \ \ \ \ \ \ \ ~ - BEARiNG S8T22'02"W S42'22'03"W 502'37'SS"[ 58T30'S3"W N02'40'32'W N8T26'47"[ N42'26'47"E N02'33'13"W N87'26'47"[ S02'33', J"E 587'26' 4]"W $02'33'13"E N87"26'47"E $02'33'13"E 58T26"7"W 502'33'13"E 587"26'47"W N02'33'13"W N47"42'3S"W N02'40'32'W \ \ I \ I I I I ~\ N GI ~I \ UlI CD \ :J I \ A=38007'22" ....I \ R=120,OO' o ~ ~o I L: 79 84' ;,: :: RB=S29022'29"E:;';3\ >- t j: ~___~e~io\~~'1__-0:y:L26 <r ~ ~I\ ~ < Z ~ ~ I POINT OF :5 co 0'.9 :J ~ ~ I BEGINNING ~ 8 1~\1 /~EXTERIOR BOUN~:R: LINE f- 7300' I OF T11ACT B-l0 ({) ;;C ~ ~ 1\ :8: I I TRACT U > (DC? I ~~t / iEa' I I \ I \~! 0::> \ ';id ::Jr 0:" \ ~s: z::> wo Uu r ~ SOUTH LINE OF SECTION 34-51-42 NORTH LINE orSEcr;-ON 3-52-42 I I I I I / /' /' /' /' <: "" '\ '\ '\ "" "" > /' '\ /'/ 'v AVENTURA TENTH ADDITION PLA T BOOK 136 PAGE 92 T R A C T B - iO w > a:: o TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL FORTIN, LEAVY, SKILES, SKETCH #2007,034 L29 ~o (") ~31 --l TRACT D-~O (") 3 {AVEN.TURA TENTH ADDITION --l L3 '<t PLAT BOOK 136 PAGE 92 L35 ~ _ _ - - ~ ill 7 ~ '\ '\ GRAPHIC SCALE o 60 I 120 I 2'0 I FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 ( IN FEET ) I inch = 120 ft ( I Date 10/21/08 Scale 1 "=120' Job No 081267 Dwg. No. 1008-109-18 Sheet 3 of 4 Drawn By Cad. No. SKETCH OF DESCRIPTION MAP 081267 FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORlZA TION NUMBER: 00003653 180 Northeast 168th. Street: I Nort:h Miami Beach, Florida. 33162 Pl1one: 305-653-4493 I Fax 305-651-7152 / En.lail fls@flssurvey.con. Ref. Dwg. 2007 -034 Plotted: 10/22/08 9:340 ,- ~",,,,,,"- Drawn By Cad. No. Ref. Dwg Ploited: MAP 081267 2007-034 10/22/08 9340 EXHIBIT A f\\'-(\) , \\.S_\J BGu \IJ \'-( f\ f\..JI'-V< AVENTURA MALL S)',,/ J; (f? O"/D Iv'o ( &S6' EXHIBIT A w > cr \ ~ \ 1URNBERRY ISLE RESORT -' & COUNTRY CLUB ' U >- 0:: f- Z :::J o U f- IJl W ~ SIRCt.1 Nt:. '\ 92ND Q LOCA nON SKETCH FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLOIUDA CERTIFICATE OF AUTHOR.IZATIONNUMBER: 00003653 180 Nonheast 168th. Street I North Miami Beach, Florida_ 33162 Pl-'lone: 305-653-4493 I Fax 305-651-7152 I En"lail fls@flssurvey.con'l TURNBERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE EXHIBIT A I Date 10/21/08 Scale NOT TO SCALE Job No. 081267 Dwg. No 1008-109-18 Sheet 4 of 4 ./..-,.." EXHIBIT l! LEGAL DESCRIPTION: A portion of Tract U, FlFTH ADDJTlON BJSCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os recorded In Pial Book 99 at Page 20 of the Public Records of MiamI-Dade County, Florida, and being more porticulorly described os follows: Commence at the Southwest corner of Tract B-10, AVENTuRA TENTH ADDITJON, according to the plot thereof, os recorded In Plot Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida; thence N 02'40'32" W along the Westerly line of said Tract 8-10, also being the Easterly right 0' way line of West Country Club Dnve for 223,65 feet; thence N 87"19'28" E for 200.45 feet to the Point of Beginning, thence S 02'40'32" E for 147,73 feet: thence S 69'21'03" W for 52,68 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears N64'51' 11 "w, the follOWing three (3) courses being along the exterior boundary of said Tract B-10; 1) thence Northeasterly along 0 170.00 foot rad,us curve leading to the left through a central angle of 12'54'24" for an arc distance of 38,29 feet to 0 point of tangency, 2) thence N 12'14'25" E for 11201 feet to 0 point of curvature; 3) thence Northeasterly along 0120.00 foot radiUS curve leading to the fight through 0 central ongle of 10'15'44" for on orc distance of 21.49 feet to the Point of BegInning, AND ?~ Commence at said Southwest corner of Tract 8-10; thence S 02'40'32" E along the Westerly line of Tract C-10 of said AVENTURA TENTH ADDITION, and said Easterly right of way line of West Country Club Drive for 30,99 feet to the Point of BegInning, also being the Northwest corner of said Tract U, the following three (3) courses being along the exterior boundary of said Tract U; 1) thence S 02'40'32" E for 36,00 feet to 0 pOint of curvature, 2) thence Southeasterly along 0 4510,66 foot radius curve leading to the left through 0 central angle of 6'1B'50" for an arc distance of 497.07 feet to the Northwest corner of Tract HH of said FIFTH ADDlTION BlSCAYNE YACHT AND COUNTRY CLUB; 3) thence N 81"00'39" E along the North line of said Tract HH for 211.44 feet to a point on 0 circular curve concave to the Northeast and whose rad,us poont bears N81'00'38"E; thence Northwesteriy along 0 429922 foot radIUS curve leading to the right through 0 central ongle of 3'48'14" for on arc distance of 28543 feet to 0 non-tangent point; thence N 28'44'49" W for 43,73 feet; thence N 03'20'32" W for 24.05 feet; thence N 21'07'43" E for 71,73 feet to 0 point on 0 circulor curve concave to the Northeast and whose rad,us point bears N86'31'53"E, thence Northwesterly along 0 4286,18 foa\ radius curve leading to the right through 0 central angle of 0'59'39" tor on arc distance of 74.37 feet to 0 non-tangent point; thence S 87"27'34" W for 35,71 feet; thence N 45'59'34" W for 6179 feet; thence N 00'35'40" E for 66,67 feet to a point on 0 circular curve concave to the Northwest and whose radiUS pOint bears N64'51 '11 "w, also being 0 point on the exterior boundary of SOld Tract U; thence Southwesterly along soid exterior boundary of Tract U, also being along 0 170,00 foot radius curve leading tc the right through 0 central angle of 62'10'39" for on arc distance of 184.48 feet to the Point of Beginning, ~~ ..f~ Dra wn By ( LEGAL DESCRIPTION I MAP Date 10/21/08 Cad No, 081267-1 Scale NOT TO SCALE Ref Dwg, FORTIN, LEA VY, SKILES, INe, Job No 081267 2007-034 CONSULTING ENGINEERS, SURVEYORS &. MAPPERS FLORIDA CERTIFICATE "OF AUTHORl2ArIO}'-.;N'UMBER: 00003653 Dwg No 1008-109 -2BR Plotted' 10/22/08 9:340 180 Northeast 168m. Street / North lY.1ia:rni Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-6.51-7152 / En'lail fls@flssurvey.com Sh eet 1 of 4 EXHIBITB SURVEYOR'S NOTES ~ This site lies in Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Fiorida - Lends shown hereon were no1 abstracted tor easements and/or rights-of~woy of records - Bearings hereon are referred to an assumed vOlue of S 02'40'32" '-- for the Easterly right of way line of West Country Club Drive - Easements per said Plot Book 99 at Page 20 not shown as requested. - This IS not 0 "Boundary Survey" but only 0 graphic depiction of the descnptlon shown hereon - Lands shown hereon containing 117, 17l square feet, or 2_69 ocres, more or less - Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2007-034. SURVEYOR'S CERTIFICATION ] hereby certify that this "Sketch of Description was mode under my responsible charge on Octaber 21, 2008, and meets the Minimum Technical Standards os set forth by the Florida Boord of ProfeSSional Surveyors and Mappers In Chapter 61Gi 7-6, Florida Administrative Code, pursuant ta Section 472.027, Florida Statutes "No1 valid w'llhoul1he signalure and the original raised sea~ oi a Florida licen ~ eyor and Mapper" ,~ ::R~~~"~C~53~ Surveyor and Mapper, LS2853 State of Florida Drawn By Cad No r SURVEYOR NOTES AND CERT/F/CA nON I FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / N.orth Mia..rni Beach, Florida. 33162 Phone: 305-653-4.q93 I Fax 305-651-7152 I Email fls@f1ssurvey.com MAP 081267-1 Ref Dwg 2007 -034 Flotted: 10/22/08 9:340 Date 10/21/08 Scale NOT TO SCALE Job No 0081267 Dwg. No 1008-109-2BR Sheet 2 of 4 - EXHIBIT!;; \ I \ ~ 73.00' R1GHT OF WA,Y PLA 1 BOOK 99 PAGE 20 - \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ m Drawn By Cad. No. 081267-1 Ref, Dwg, 2007 -0J4 Plotted 10/22/08 9:340 LlJ > - a: o co => .....l o >- a: r- z => o o \ \ \ \ \ MAP r- Cf) ill S 70.00' RIGI-\1 OF w;~ peAl BOOK PAGE. 20 I POINT OF ~ BEGINNING ~ ~, _ _N~T~'~~ _ ~OQ~ - ~ A= 10.015'44" \ R=1200Q' L=21.49' 73 00 1 ~~c:r\~o:~~ TRACT 8-10 PAGE 2e, 'en \ PVENTURA TENTH ADDITION UJ PLAT BOOK 136 PAGE 92 C) N r~/~ ,POINT OF I' COMMENCEMENT \ S W CORNER or TRACT 8-10 il ii/II n;tii1S~1~",. ~~ \ 1/ 1 ,,~ \}- - ~~ ~ 4 o u... ~w _0 .0-) ~~ I-') -m -..:;t ~::J "00: ....J 0>- ~g g~ 0 >- _ C/1 <:( ~~ 3 '2'6 I..L I =>iX o \ ~)- t- ~~ -r "'en Q I ~~ 10 0: I~ o ::J CD ~ 0.. \ EXTERIOR BOUNDARY LINE OF TRACTS B-10 AND TR.A.CT u A=12054'24" R=170,QQ L=3829 RB=N64051'11"W FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLA T BOOK 99 PAGE 20 A=6201o.'39" R=170,o.O' L=184,48' RB=N64051 '11 "W 7~OO' R\GH1 OF WA9~ PlA 1 BOOK PAGE 20 SOUTH LINE 01' TRACT U ( SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC. CONSULTlNG ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER; 00003653 180 Northeast 168th. Stre:el: / Non:h l'v1ian:l.i Beach, Florida" 33162 Phone: 305.653-4493/ Fax 305-651-7152" Email fls@flssurvey.com. GRAPHIC SCALE <0 I 80 I J60 I ( IN FEET ) I inch = 80 It A=0059'39" R=4286.18' L=7437' RB=N86031 '53'E LINE TABLE LINE LENGT=H 11 14-7.73 L2 52 68 L3 112.01 L4 36.00 L5 211.4 L6 43 73 L 7 24 05 L8 71.73 L9 35.71 L10 61.79 l11 66.67 BEARING SG2"40'32~E 569'21 'o3"w N12"14'2S.E' S02'40'32~E N81'OO' 39"[ N28"44'49.W N03'20' 32"W N2l"07' 4YE S8T27'34'W N4S'Sg" -34~W NOO'3S' 40'E A=3048'14" R=4299.22' L=285.43' RB=N81000'38"E NOR~ UNE or TRACT HH PLAT BOOK 99 PAGE 20 ~~ I Date 10/21/08 Scale 1 "=80' Job, No. 081267 Dwg, No 1008-109-28R Sheet 3 of 4 EXHIBIT~ S 111: (/? 010 1\;0 &S6 ~ \ ~ \TURNBERRY ISLE RESORT ::> I & COUNTRY CLUB d \ ~ \ 8 I TURN BERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE ",?'0 600\-"'--'0 k'0O'\~ ~ r--///----// I i- If) 'wJ s EXHIBIT !\ A VENTURA MALL I'll. Q /~ ...'-'" Drawn By MAP ( LOCA nON SKETCH FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORlZATJONN'UMBER: 00003653 180 N"ortheas't 168th. Screet: / North 1'v1iami Beach, Florida. 33162 Phone: 30.5-653-4493 j Fax 305-6:51-7152 I Email fls@flssu[""\<-ey.com I Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg NO.1 008-1 09 - 2BR Cad No 081267-1 Ref Dwg 2007-034 Plolled: 10/22/08 9:340 Sheet 4 of 4 TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission Eric M, Soroka, ICM City Manager Joanne Carr, AI Community Deve May 11, 2009 Application by TB Isle Resort, LP for small scale amendments to the City's Comprehensive Plan to change the Future Land Use Map designation of two parcels of land on West Country Club Drive totaling 2,69 acres from Business and Office to Parks and Recreation and to change the land use designation of two parcels of land on West Country Club Drive totaling 2,69 acres from Parks and Recreation to Business and Office (02-CPA-08 and 03- CPA-08 - Small Scale Amendments) and Application by TB Isle Resort, LP for amendments of the Official Zoning Map of the City of Aventura by amending the zoning designation for two parcels on West Country Club Drive totaling 2,69 acres from B2, Community Business District, to ROS, Recreation Open Space and by amending the zoning designation for two parcels on West Country Club Drive totaling 2.69 acres from ROS, Recreation Open Space to B2, Community Business District (01 & 02-REZ-08) May 5, 2009 May 5, 2009 June 2, 2009 Local Planning Agency Agenda Items 4A & 48 City Commission Meeting Agenda Items 7 A & 7B City Commission Meeting Agenda Item ~ f) The above noted applications were recommended by the Local Planning Agency and approved on first reading by the City Commission at public hearings on May 5,2009, At the Local Planning Agency public hearing, a resident of an adjacent residential development, Turnberry on the Green, advised that she had seen the property posting signs but had not received mailed notice of the applications. For clarification, staff wishes to confirm the public notice provisions of the City Code and confirm that those provisions were fulfilled, Section 31-71(e) of the City's Land Development Regulations contains the provisions for public hearing and notice procedures, This section requires that all public hearing and notice requirements be provided in accordance with the provisions of Florida Statutes Section 163.3184(15) for a change to the adopted Future Land Use Map and in accordance with Florida Statutes Section 166,041 for adoption of ordinances and resolutions and the City's quasi-judicial legislation, The Florida Statutes sections regulate the size, number and timing of published notice, The City Code section provides as follows: . Notice of the time and place of the public hearing describing the nature of the application and street address of the property is to be published in a newspaper of general circulation in the City not less than ten (10) days prior to the public hearing, . A courtesy notice containing substantially the same information in the published notice may be mailed to property owners of record located within a radius of 300 feet of the property described in the application or such greater distance as the City Manager may prescribe; however, failure to mail or receive such courtesy notice shall not affect action or proceedings taken under this section. . The property is to be posted no later than ten (10) days prior to the hearing in a manner conspicuous to the public by a sign or signs containing information concerning the application including the applied for zoning action and time and place of the hearing, . All costs of advertising, mailing and posting is to be paid by the applicant. For the applications for comprehensive plan amendment and rezonings subject of this report, the following public notice was made: . An advertisement was placed in the Miami Herald newspaper on April 22, 2009, . Courtesy notice was mailed to 529 property owners within a 300 foot radius of the north and south parcels on April 24, 2009, The applicant submitted a notarized list of property owners, a radius map showing all properties within 300 feet and mailing labels, The mailing list included all unit owners of record of Turnberry on the Green, Bonavida and the commercial properties on the west side of West Country Club Drive, . Two property posting signs were erected on April 21; one in front of the northerly site and one in front of the southerly site, At the second reading public hearing, the City Attorney will announce a sign-in form for any member of the public interested in receiving an informational statement concerning publication of the state land planning agency's notice of intent on these applications, 2 The newspaper advertisement, property posting signs, courtesy mailing notice and sign-in form for the state information satisfies the procedures for public notice in Section 31-71 (e) of the City Code, The applicant has paid to the City a deposit of $10,000 to cover the cost of these public notices. 3 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M, Soroka, IC City Manager / BY: Joanne Carr, AICP Community Developmen rector DATE: April 16, 2009 SUBJECT: Application by TB Isle Resort, LP for amendments of the Official Zoning Map of the City of Aventura by amending the zoning designation for two parcels on West Country Club Drive totaling 2.69 acres from B2, Community Business District, tp ROS, Recreation Open Space and by amending the zoning designation for two parcels on West Country Club Drive totaling 2,69 acres from ROS, Recreation Open Space to B2, Community Business District (01 & 02-REZ-08) May 5, 2009 May 5, 2009 June 2, 2009 Local Planning Agency Agenda Item H City Commission Meeting Agenda Item ("}'(.2- City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission: 1, Approve an amendment to the Official Zoning Map of the City of Aventura by amending the zoning designation for two parcels on West Country Club Drive totaling 2.69 acres from B2, Community Business District to ROS, Recreation Open Space; and 2. Approve an amendment to the Official Zoning Map of the City of Aventura by amending the zoning designation for two parcels on West Country Club Drive totaling 2,69 acres from ROS, Recreation Open Space to B2, Community Business District; and 3. Approve the Third Amendment to the "Restrictions for Biscayne Village, Dade County, Florida" relating to the golf course and country club parcels and i"-- 4. Accept the Declaration Restrictions for site improvements proffered by the applicant. THE REQUEST The applicant, TB Isle Resort, LP, is requesting amendments to the Official Zoning Map to exchange the zoning designation of four parcels of land within its resort and golf course property on West Country Club Drive. The northerly parcels, totaling 2,69 acres in size, are proposed to be changed from B2, Community Business District, to ROS, Recreation Open Space, and the southerly parcels, totaling 2,69 acres in size, are proposed to be changed from ROS, Recreation Open Space to B2, Community Business District. Corresponding applications for amendments to the Future Land Use Map of the City's Comprehensive Plan have also been submitted by the applicant and must be approved prior to approval of this rezoning, (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTIES: TB Isle Resort, LP NAME OF APPLICANT TB Isle Resort LP LOCATION OF PROPERTY 19999 West Country Club Drive See Exhibit #2 for Location Map See Exhibit #3 for Parcel Locations SIZE OF PROPERTIES Northerly parcels: 2,69 acres Southerly parcels: 2,69 acres PROPERTY DESCRIPTION See Exhibit #4 for North Parcels Description See Exhibit #5 for South Parcels Description DESCRIPTION IBACKGROUND The site owned by the applicant is comprised of the Turnberry Isle Resort and the Turnberry Golf Club on West Country Club Drive, The applicant requests an exchange of zoning on four parcels on West Country Club Drive to facilitate future expansion of the resort, No development plans have been submitted at this time, The northerly parcels are the location of the pool, grill room and conference center entry area. The southerly parcels are the location of the maintenance, laundry, nursery and storage area. The applicant is requesting corresponding comprehensive plan amendments to allow the rezoning of these parcels, The proposed rezonings will facilitate future expansion of the resort on the southerly parcels. 2 - The existing uses on the parcels comply with the uses permitted in the respective proposed zoning categories, The pool and grill room parcel to be changed from B2 to ROS can be considered accessory uses to the golf course since golf club members have access to these amenities as part of their membership package. These recreational uses also comply with the uses permitted pursuant to the existing Declaration of Restrictions on the golf course parcel. The conference center entry parcel serves as access to both the resort and the golf course, The proposed ROS zone on this entry parcel will restrict future development in this area, The maintenance, laundry, nursery and storage area proposed to be changed from ROS to B2 are accessory uses to both the resort and golf course, There is an existing Declaration of Restrictions dated May 21, 1970 affecting these parcels. This declaration restricts the 241 acre, more or less, parcel designated as Tract AA on the original Land Allocation Map for Biscayne Village to golf course uses and the 16.5 acre, more or less, parcel designated as Tract S to country club uses, It further provides that these restrictions will continue for a period of 99 years unless released or revised by the Dade County Board of Commissioners with the consent of 75% of the property owners within the Biscayne Village subdivision and within 150 feet of the exterior boundaries of the subdivision. The City Commission of the City of Aventura is the successor to the Dade County Board of Commissioners, e_ The 1970 declaration of restrictions was amended on July 17, 1972 to reconfigure Tracts AA and S pursuant to resolutions of the Dade County Board of Commissioners, A further amendment dated December 20, 1988 approved minor adjustments to the boundaries of Tract AA and confirmed the new legal description of the golf course and country club parcels. The 1988 reconfigured parcels were the same size as those approved in the 1970 declaration, The proposed reconfiguration of the golf course and country club parcels under this current application will result in the same size of golf course and country club parcels, that is, the golf course parcel will contain 241 acres more or less and the country club parcel will contain 16,5 acres more or less, The City Attorney has reviewed the application and finds no conflict with the intent of the previous resolutions and declarations, As pointed out by the applicant, the consent requirement from 75% of the property owners within the Biscayne Village subdivision and within 150 feet of the exterior boundaries of the subdivision was not required by the County in its 1988 resolution since the size of the golf course and resort parcels remained the same, The applicant is requesting that the City apply that same interpretation to the current applications as applied by the County in 1988, The proposed Third Amendment to Restrictions, attached as Exhibit #6, describes the new parcel boundaries and confirms that the size of the golf course and resort parcels remain the same as required by the 1970 restriction at 241 acres, more or less 16,5 acres, more or less, respectively, The amended restrictions also confirms that all of the terms and conditions of the original restrictions in 1970 as amended in 1972 and in 1988 will remain in full force and effect. 3 ANAL YSIS I. NORTHERLY PARCELS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: II. SOUTHERLY PARCELS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office Parks and Recreation (Parcel 1) Business and Office (Parcel 2) Business and Office (Parcel 1) Parks and Recreation (Parcel 2) Parks and Recreation (Parcel 1) Business and Office (Parcel 2) Business and Office B2, Community Business District ROS, Recreation Open Space (Parcel 1) B2, Community Business District (Parcel 2) B2, Community Business District (Parcel 1) ROS, Recreation Open Space (Parcel 2) ROS, Recreation Open Space (Parcel 1) B2, Community Business District (Parcel 2) B2, Community Business District swimming pool, grill room, conference entry area golf course, conference center resort, golf course golf course, conference center resort Parks and Recreation Business and Office Medium-High Density Residential Parks and Recreation Business and Office ROS, Recreation Open Space B2, Community Business District RMF4, Multifamily High Density Residential District ROS, Recreation Open Space B2, Community Business District 4 .1fr....... Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: n u rserylma intenancelstorage resort residential condominium golf course regional mall Access - The parcels front on West Country Club Drive, Access is existing to the parcels, Conformity to City Comprehensive Plan - The proposed rezoning is conditioned on approval of amendments to the Future Land Use Map of the Comprehensive Plan to change the future land use designation of the northerly parcels from Business and Office to Park and Recreation and to change the future land use designation of the southerly parcels from Parks and Recreation to Business and Office respectively. The following is staff's analysis of the proposed amendments to the Official Zoning Map using the standards for review in Section 31-77 of the Land Development Regulations: I. Proposed amendment from B2 to ROS for northerly parcels "- 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan, The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan provided the City Commission approves the concurrent applications for amendment to the future land use designations for these parcels. 2, Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses, The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses, The parcel is proposed to be added to the golf course ROS zoning designation, The swimming pool and grill room are located on this parcel and are part of the golf club members' amenities. The conference center entry area will be incorporated into the adjacent ROS zone and will restrict future development in this area, There will be no net change in the amount of land in either the ROS or B2 zone. 3, Whether or not the subject properly is physically suitable for the uses permitted in the proposed district. ...--- 5 "- The subject property is physically suitable for the uses permitted in the proposed district. 4, Whether or not there are sites available in other areas currently zoned for such use, This criterion is not applicable to this application, The effect of the application will result in the same amount of ROS zoned land within the development. 5, If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. Although not shown on the site plans approved to date by the City, the applicant advises that the proposed change has been contemplated as an element of the ongoing redevelopment of the resort and golf course, 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. There will be no net increase in the size of ROS zoned land in this development. Traffic volumes are expected to remain constant. Therefore, the proposed change would not adversely affect traffic patterns or congestion, 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed change will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected because the application proposes no increase in population, 8, Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole, The resulting zoning designation will be the same as currently provided but in a slightly different location within the applicant's property, ,""........ 6 - II.Proposed amendment from ROS to B2 for the southerly parcels 1, Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan provided the City Commission approves the concurrent applications for amendment to the land use designations for these parcels. 2, Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses, The existing resort buildings are immediately adjacent to the north, There is a three story parking garage that serves the Turnberry on the Green residential condominium building immediately adjacent to the south, The proffered site improvements to the maintenancelstorage area next to the residential zone will be a benefit to the neighbors. The current height and setback restrictions in the B2 zone when next to a residential zone will ensure that any future development is compatible, 3, Whether or not the subject properly is physically suitable for the uses permitted in the proposed district. Although no site plan is associated with this application, the subject property is physically suitable for the uses permitted in the proposed B2 zoning district. 4. Whether or not there are sites available in other areas currently zoned for such use. This criterion is not applicable to this application. The effect of the application will result in the same amount of B2 zoned land within the development. 5, If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan, Although not shown on the site plans approved to date by the City, the applicant advises that the proposed change has been contemplated as an element of the ongoing redevelopment of the resort and golf course, 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. There will be no net increase in the size of B2 zoned land in this development. Traffic volumes are expected to remain constant. Therefore, the proposed change would not adversely affect traffic patterns or congestion, Any future development 7 ,,,- application will require submission of a traffic study for the City's review and approval. 7, Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed change will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected because the application proposes no increase in population. 8. Whether or note the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole, The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The resulting zoning designation will be the same as currently provided but in a slightly different location within the applicant's property, School Impacts - The requested change in zoning designations do not require analysis for school impacts since both zoning categories are commercial and do not generate new students into the school system, Site Improvement Proffer - The applicant has proffered site improvements to the southerly parcel containing the maintenance, laundry, nursery and storage buildings and proposed to be zoned B2, Community Business District by way of recorded restriction attached as Exhibit #7. These improvements include construction of a six foot high metal picket fence along the western and southern property limit in design similar to the fence at the City's Founder's Park, installation of landscaping on the western boundary along the new fence line, trimming of the existing Australian Pine trees, relocation of the trash enclosure and compactor for golf course and resort grass cuttings to the north limit to abate noise and smell nuisance to the adjacent residential property, relocation of large machinery from the south limit to the north limit, cleaning and repainting of existing buildings and relocation of stored materials including clay pots, mulching material and geofabric from the south limit to the north limit, These improvements are shown pictorially on Exhibit "C" attached to the declaration of restrictions, The restrictions provide that the applicant is to complete the site improvements within six months of the date of approval of this application, I n addition to the site improvements, the restrictions include a prohibition of setback variances for future redevelopment on the south limit proposed B2 parcel to assure the neighboring residential property that required setbacks will be maintained, 8 ~. -;J BERCOW RADELL ~ FERNANDEZ ZONING. LAND USE AND ENVIRONMENTAL LA'^' DIRECT LINE (305) 377-6238 E-Mail mmarrero@BRZonlngLawcom May 30, 2008 Exhibit 1 01 & 02-REZ-08 02 & 03-CPA-08 VIA HAND DELIVERY Ms, Joanne Carr, Planning Director City of A ventura 19200 West Country Club Drive, 4th Floor A ventura, Florida 33180 Re: 19999 West Country Club Drive; Zoning District Comprehensive Land Use Amendment Chano-e :::> Rnd Dear Joanne: ..~, This law firm represents TB Isle Resort, LP with regard to Ih,~ improvements and redevelopment of the Fairmont Turnberry Isle Resort Sr: Club at 19999 West Country Club Drive (the "Property"). This letter shall serve as the Applicant's letter of intent to rezone and redesignate a portion of the Propelv from ROS / Parks and Recreation to B2 / Business and Office; and to rezone and redesignate an equal portion of B2 / Business and Office area to ROS / Parks and Recreation, These zoning and CDMP amendments are part of the overall Phase I redevelopment of the Property, The conceptual master plan for the redevelopment of the country club/ golf course includes a change in the zoning of the laguna pool, grill room and tennis court area on the north and west side of the country club (the "Recreation Area") to the ROS zoning district and Parks and Recreation designation on the City's Future Land Use Map. In turn, tbe maintenance/nursery area on the southwest side of the country club (the ('Future Hotel Development Area") would become part of the B2 zoning district and Business and Office designation on the City's Future Land Use Map. The amount of land that is located in each zoning district would not changel 81m ply its location, This proposed "land swap" will shift the pool and tennis courts in the country club from the B-2 District to the ROS District, Section 31-148 of the City Code states that the ROS District" is intended to provide for the recreation and open space needs of the City." Pools and tennis courts certainly contribute to the recreational needs of the City, and thus are in WACHOVIA FINANCIAL CENTER' 200 soUTH BISCAYNE BOULEVARD, SUITE 850 . MIAMI, FLORIDA 33131 PHONE. 305,374,5300 . FAX. 305,377,6222 Ms, Joanne Carr May 15, 2008 Page 2 of 4 "~. the spirit of the ROS District, Furthermore, the following uses are explicitly permitted in the ROS District: a. Open space and passive recreational areas; b. Golf course; c, Boat ramps and docks; d. Outdoor culturat educational and civic facilities; e. Parks; f. Waterways; and g, Uses accessory to any of the above uses when located on the sante plot. There is no detailed description of 1/ parks" in the Use Regulations of the ROS District, nor is it defined in the City's land development regulations. However, common sense dictates that parks are intended to include tennis courts and pools, as a permitted uses. Nevertheless, at a minimum, they should both be considered accessory uses to parks and golf courses. - (1) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed change will not be inconsistent with the goals, objectives and policies of the City's Comprehensive Plan. There will be no net change in the amount of land for either zoning district, (2) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. There Property is already zoned a combination of B2 and ROS, and there additional lands surrounding the Property that are zoned B2 and ROS, Furthermore, since the resulting areas of each zoning district on the Property will be the same as prior to the amendment, the change is certainly compatible, (3) The subject property is physically suitable for the uses permitted in the proposed district. .- Although there has been no site plan associated with this application, the anticipated uses permitted in the proposed districts BERCOW RADELL ~ FER NAN DEZ ZON1NG. LAND USE A.ND ENVIAON.......,ENTAL LAVV Ms, Joanne Carr May 15, 2008 Page 3 of 4 ,~~ are, not only physically suitable but, compatible and associated with the existing use on the Property. (4) There are sites available in other areas currently zoned for such use. Not applicable, The effect of this application will result in the same amount of Parks and Recreation / ROS and Business and Office / B2 land, (5) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. The proposed change has been contemplated as an elenlent of the ongoing Property redevelopment. (6) The proposed change would adversely affect traffic patterns or congestion. ~- The proposed change will have no adverse traffic impact. (7) The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The application proposes on increase in population or overall changes in use, (8) Whether the proposed change would have an adverse environmental impact on the vicinity. There is not expected to be any environmental impact as a result of this application. (9) Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. ~. The proposed change will not adversely affect the health, safety and welfare of the neighborhood or the City Again, the resulting zoning and comprehensive plan designations will be the same as currently provided, but in slightly different locations within the Applicant's property, BERcaw RADELL lSt FERNANDEZ ZONING. LAND USE AND ENVIAONI"V1ENTAL LAVV Ms, Joanne Carr May 15, 2008 Page 4 of 4 Conclusion. The proposed amendments to the Cit/ s Future Land Use Map and the City's Zoning Map are part of the overall master plan for the Property, as well as one of the final components of the Phase I redevelopment that began in 2006, As described in the foregoing letter, the net anlOunt of ROSjParks and Recreation and B2jBusiness and Office land will remain the same following these amendments, and it will all be retained on the Property. As such, we look forward to your positive review and recommendation of these applications, Please feel free to contact me regarding any comments or questions you may have, cc: Ms, Joanne Carr, Planning Director David Wolpin, City Attorney Ken Bernstein, Esq, Dar Gennett, Esq. Jeffrey Bercow, Esq, Sincerely, BC:RCOW RAOC:LL & Fc:RNANDEZ ::ZONING. LAND USE AND ENVIAONrvlENTAL LA'^' ........... BROWARD COUNTY 8-_'_--'-' ," '. :. :. :. :. '. '. '. DADE COUNTY '. , \. .../ -- . .,.". n VT &."':'".: ~,. '.:irv n.... .......,...... "'1""1' ........J... ~~. -.- Gulfstream . , YACHT CLUB DR. · n fu~ ~ . MARINA . I COVE · i -~ (--;~ ,,,cl' ",~~RCLE f~lJ' _ l\ ) ~ : \ ' WATERWAYS Bll/:;] 2075T fr -- IVESDAIRY RD. o > -.J CD :2 <( UJ () o .~ MIAMI. GARDENS DR LEGEND Roadways City Boundary - . -, - ZIP Code Boundary Railroad Exhibit 2 01 & 02-REZ-08 02 & 03-CPA-08 r' I I I I I W If' 1'( 'II Ir~ ~ ! $ - Exhibit 3 01 & 02-REZ-08 02 & 03-CPA-08 -;~ eJl ,~ i 1ii[l!I'i 'II <lIfj., M' Iill:!," . TURNBERRY ISLES RESORT & COUNTRY CLUB 2.69 Acres Swap Area A VENTURA. FLORIDA THOMAS CHECCA, p,E,1 ENVIRONMENTAL CONSULTANT "568No~73rdManor/Parl\land.FlorkIa330~ Pho~,"""'F,,"54)_,"""7" ' "'''/M 'n_..._'... - - - Exhibit 4 01 & 02-REZ-08 02 & 03-CPA-08 LEGAL DESCRIPTION: A portion of Tracts A-10 and B-10, AVENTURA TENTH ADDITION, according to the plat thereof, as recorded in Plat Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida, and being more particularly described as follows: Begin at the most Westerly Northwest corner of said Tract A-10, the following three (3) courses being along the exterior boundary of said Tract A-10; 1) thence N 89'19'28" E for 74.76 feet; 2) thence N 20'40'37" E for 91.48 feet to a point of curvature; 3) thence Northeasterly and Southeasterly along a 120.00 foot radius curve leading to the right through a central angle of 138'25'38" for on arc distance of 289.92 feet to a non-tangent paint, the fallowing four (4) courses being along the exterior boundary of said Tract B-10; 1) thence N 69'06'15" E for 18.00 feet; 2) thence S 47'08'16" E for 193.28 feet; 3) thence S 69'22'04" E for 60.00 feet to a point of curvature; 4) thence Southeasterly along 0 400.00 foot radius curve leading to the right through a central angle of 17'56'41" for an arc distance of 125.28 feet to a non-tangent point; thence S 57'28'02" W for 83.50 feet; thence N 41'14'20" W for 87.05 feet; thence N 50'29'30" E for 0.30 feet to a point on a circular curve concave to the Southwest and whose radius point bears S86'59'06"W; thence Northwesterly along a 43.43 foot radius curve leading to the left through 0 central angle of 76'34'58" for an arc distance af 58.05 feet to 0 nan-tangent point; thence S 48'04'50" W for 0.37 feet; thence N 41'22'59" W for 27.49 feet; thence S 48'35'33" W for 10.09 feet; thence N 41'27'47" W for 28.74 feet; thence S 48'38'02" W for 23.57 feet; thence N 41'11'14" W for 31.03 feet; thence N 87'02'24" W for 13.93 feet; thence S 48'32'04" W for 79.44 feet; thence S 06'10'31" W for 6.23 feet; thence S 72'05'05" W for 26.41 feel to 0 point on a circular curve cancave to the Northwest and whose radius point bears S77'22' 35''W; thence Southeasterly. Southwesterly and Northwesterly along o 77.86 foat radius curve leading to the right through a central angle of 178'55'58" far an arc distance of 243.15 feet to a non-tangent point; thence S 87'31 '08" W for 28.18 feet; thence N 40'50'17" W for 36.67 feet; thence S 87'22'02" W for 27.30 feet; thence S 42'22'03" W for 16.97 feet; thence S 02'37'55" E for 47.13 feet; thence S 87'30'53" W for 61.56 feet to a point an the Westerly line of said Tract A-10, also being the Easterly right of way line of West Country Club Drive; thence N 02' 40' 32" W along said Westerly line of Tract A-10 and Easterly right of way line of West Country Club Drive for 155.58 feet to the Point of Beginning. AND Commence at said most Westerly Northwest corner of Tract A-10; thence S 02'40'32" E along said Westerly line of Tracts A-10 and B-10, and Easterly right of way line of West Country Club Drive for 837.96 feet; thence N 87'26'47" E for 200.46 feet to the Point of Beginning; thence continue N 87'26'47" E far 63.18 feet; thence N 42'26'47" E for 16.77 feet; thence N 02'33'13" W for 33.67 feet; thence N 87'26'47" E for 120.69 feet; thence S 02'33'13" E for 42.01 feet; thence S 87'26'47" W for 41.45 feet; thence S 02'33'13" E for 39.61 feet; thence N 87'26'47" E for 62.28 feet; thence S 02'33'13" E for 24.13 feet, the following six (6) courses being along the exterior boundary of said Tract B-10; 1) thence S 87'26'47" W for 15.34 feet; 2) thence S 02'33'13" E for 34.14 feet; 3) thence S 87'26'47" W for 132.42 feet; 4) thence N 02'33'13" W for 74.14 feet; 5) thence N 47'42'35" W for 19.88 feet to a paint on a circular curve concave ta the Southeast and whose radius point bears S29'22'29"E; 6) thence Southwesterly along a 120.00 foot radius curve leading to the left through a central angle of 38'07'22" for an arc distance of 79.84 feet to a non-tangent point; thence N 02'40'32" W for 62.46 feet to the Point of Beginning. ,.~ Dra wn By Cad. No. MAP 081267 r LEGAL DESCRIPTION FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZA TION NUMBER, oooa3653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Eniail fls@f1ssurvey.com I Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg. No" 1008-109-18 Sheet 1 of 4 Ref. Dwg. 2007-034 Plotted: , 0/22/08 9:3+0 EXHIBIT 1 SURVEYOR'S NOTES: - This site lies ir Section 3, Township 52 South, Range 42 East and Section 34, Township 51 South, Range 42 East, City of Aventura, Miami-Dade County, Florida. - Bearings hereon ore referred to on assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive - Lands shown hereon were not abstracted for easements and/or rights-of-way of records. - This is not 0 "Boundary Survey" but only 0 graphic depiction of the description shown hereon - Lands shown hereon containing 117,167 square feet, or 2.69 acres, more or less. - Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2007-034. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on October 21, 2008, and meets the Minimum Technical Standards os set forth by the Florida Boord of Professional Surveyors and Mappers in Chapter 61 G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, lEAVY, SKilES, INC., lB3653 By: Daniel C Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florido ..1,........ Drawn By Cad. No. MAP 081267 r SURVEYOR NOTES AND CERTlFICA TlON I FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CER TIFICA TE OF AUTHORIZATION NUMBER, 00003653 180 Northeast 168th. Street I North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 I Email fls@flssurvey.conl. Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg. NO.1008-109-1 B Sheet 2 of 4 Ref. Dwg. 2007-034 Plotted: 10/22/08 9:340 ......-.. I \ ~ ~~ \ ~3 ZU :::;>- oooo w>- >-z Z::l wo Uu w > a: o l- (/) W S ,.~ Drawn By Cad. No. Ref. Dwg. Plotted: A=138025'38" R=120,OO' L=289.92' EXHIBIT 1 TRACT A-"lO EXTERIOR BOUNDARY LINE OF TRACT 8-10 TRACT U FIFiH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 \...'6 AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 _____ \" <'>I' C) I ,,00'.1 LL Z I ~~ I 0 Z I 3'",~ I- Z :S8w \ ~(5 ~:~ Ow CV \ ~:5 I c...a:l -...) \ '" 0.) EXTERIOR BOUNDARY LINE ./' L 1 OF TRACT A-l0 ~ I ~ '--MOST WESTERLY N.W. CORNEy --- --- Z OF TRACT A-l0 ___--- \ UJ --- :2: --- I LL ~ ~ \~\1f1.,L21 (~ \ OaJ ~ L19 1-:2: -1 6 ~ I- L24 j I c... () I \ -",I ~l 00 IV WESTERLY LINE OF TRACTS A-IO & B-l0 AND EASTERLY RiGH T OF WAY LINE OF WEST COUNTRy CLUB DRIVE f'-... L15 ':> <' ~" <'/ / ,co ,,'0 '" <'( " "/0 ...J ,,'b A=76034'58" R=43.43' L=58.05' RB=S86059'06"W A=17056'41 " R=400.00' L=125.28' L..s -' \.:\~ <'.-> A=178055'58" R=77.86' L=243.15' RB=S77022'35"W LINE LINE TABLE LINE TABLE LENGTH BEARING LINE LENGTH L1 74.76 N89'19' 2B"E L21 27.30 L2 91.48 N20'40'37"E L22 16.97 lO 18.00 N69'06'15"E L23 47.13 L4 193.28 S41'08'16"E L24 61.56 L5 60.00 S69'22'04"E L25 155.58 L6 83.50 S57'28'02"W L26 63.18 L7 87.05 N41"14'20"W L27 16.77 L8 0.30 N50'29'30"E L28 33.67 L9 0.37 S48'04'50"W L29 120.69 L10 27.49 N4I'22'59"W lO0 42.01 L11 10.09 S48'35'33"W lO1 41.45 LI2 28.74 N4I'27'47"W lO2 39.61 L13 23.57 S48'38'02"W lO3 62.28 L14 31.03 N41.1,'14"W L34 24.13 L15 13.93 N81'02'24"W L35 15.34 L16 79.44 S48'32'04"W lO6 34.14 L17 6.23 S06'10'31"W L37 132.42 LI8 26.41 S72'05'05"W L38 74.14 L19 28.18 587'31 '08"W L39 19.88 L20 36.67 N40'50'17"W L40 62.46 B - 10 SOUTH LINE OF SECTION 34-51-42 NORTH LINE orSECTION 3-52-42 AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 >- ~ T R A C T TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL FORTIN, LEAVY, SKILES, SKETCH #2007-034 L29~O C') ~31 -1 TRACT D-"lO C') 33 i AVENTURA TENTH ADDITION -1 L ~ PLAT BOOK 136 PAGE 92 L_~5:37----~ i5l " -1 " \..'0 '" '" " \ \ \ \ \ \ \ ~ BEARING S87'22'02"W S42'22'03"W S02'37'55"E S81'30,53"W N02'40'32"W N81'26'47"E N42'26'47"[ N02,33,13"w N87'26'47"E S02'33'13"E S87"26'47"W S02'33'13"E N87'26'47"E S02'33'13"E S87"26'47"W 502'33'13"[ 587"26' 47"W N02'33'13"W N47'42'35"W N02'40'32"W I I I I ) / /' / / ( " " " '" \ " > / " // 'v FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 o 60 I GRAPHIC SCALE 120 I ( IN FEET ) I inch = 120 It. 240 I 2007-034 FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653 180 Northeast 168th. Street / North Miami Beach. Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com I Date 10/21/08 Scale 1";120' Job. No. 081267 Dwg" NO.1008-109-1B Sheet 3 of 4 MAP 081267 r SKETCH OF DESCRIPTION I I \ \ I I \ I ""I ~I ~I \ U11 CO I :J I I A=38007'22" ..J \ ;;:- R=120.00' () ~"'" I L=79,84' ;: ~ RB=S29022'29"E ~r ~~I ~ ~___~8]1~~'1_~~ ~ ! \ ~ I POIN~O~~ ~ 311 2? <"s :J ~ ~ \ BEGINNING :3 8 I I ~ L37 ~ ;' ~ EXTERIOR BOUNDARY LINE 7300' OF TRACT B-l0 I >-:>1 I :~: I I TRACT U \ ~3~ I / "'0.. I I 10/22/08 9:340 "'~ Drawn By Cad. No. Ref. Dwg. Plotted: MAP 081267 2007-034 10/22/08 9:340 EXHIBIT 1 '.J ",I?-I) <o00\..-1:- ,-,,\ul?-h h'\j1:-\~ AVENTURA MALL S 1'-1 1'(' ,.y 0-1{) I\I() &S6 g iEXHIBIT 1 w > 0:: o CD ::) ~\ 0:: I- Z ::) o o I- (j) W :;;; \'I.t. r LOCA nON SKETCH FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZA nON NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, FLorida. 33162 Phone: 305-653-4493/ Fax 305-651-7152 J En.ail fls@flssurvey.com TURNBERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE EXHIBIT 1 l Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg. NO.1008-109-1 B Sheet 4 of 4 ,~ Exhibit 5 01 & 02-REZ-08 02 & 03-CPA-08 LEGAL DESCRIPTION: A portion of Tract U, FlFTH ADDITION BJSCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os recorded In Plot Book 99 at Page 20 of the Public Records of Miami-Dade County, Florida, and being more particularly described as follows' Commence at the Southwest corner of Tract B-10, AVENTURA TENTH ADDITION, according to the plot thereof, as recorded in Plat Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida, thence N 02' 40' 32" W along the Westerly line of said Tract 8-10, also being the Easterly right of way line of West Country Club Drive for 223.65 feet; thence N 87'19'28" E for 200.45 feet to the Point of Beginning; thence S 02'40'32" E for 14773 feet; thence S 69'21 '03" W for 52.68 feet to a point on 0 circular curve concave to the Northwest and whose radiUS point bears N64'51 '11 "w, the following three (3) courses being along the exterior boundary of said Tract B-10, 1) thence Northeasterly along a 170.00 foot radius curve leading to the left through a central angle of 12'54'24" for an arc distance of 3829 feet to 0 point of tangency; 2) thence N 12'14'25" E for 112.01 feet to 0 point of curvature; 3) thence Northeasterly along 0 12000 foot radiUS curve leading to the right through a central angle of 10'15'44" for on arc distance of 21.49 feet to the Point of Beginnin9. AND .,.~ Commence at said Southwest corner of Tract B-10; thence S 02'40'32" E along the Westerly line of Tract C-10 of said AVENTURA TENTH ADDITION, and said Easterly right of way IlOe of West Country Club Drive for 30.99 feet to the Point of Beginning, also being the Northwest corner of said Tract U, the follow'lOg three (3) courses being along the exterior boundary of said Tract U. 1) thence S 02'40'32" E for 36.00 feet to 0 point of curvature; 2) thence Southeasterly along 0 4510.66 foot radius curve leading to the left through 0 central angle of 6'18'50" for an arc distance of 497.07 feet to the Northwest corner of Tract HH of said FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB; 3) thence N 81'00'39" E along the North line of said Tract HH for 211.44 feet to 0 point on 0 circular curve concave to the Northeast and whose radius point bears N81'00'38"E, thence Northwesterly along 0 4299.22 foot radius curve leading to the right through 0 central angle of 3'48'14" for on arc distance of 285.43 feet to 0 non-tangent point; thence N 28'44'49" W for 43.73 feet: thence N 03'20'32" W for 24.05 feet, thence N 21'07'43" E for 71.73 feet to a point on a circular curve concave to the Northeast and whose radius point bears N86'31 '53"E; thence Northwesterly along 0 4286.18 foot radius curve leading to the right through 0 central angle of 0'59'39" for an arc distance of 74.37 feet to a non-tangent point; thence S 87'27'34" W for 3571 feet; thence N 45'59'34" W for 61.79 feet; thence N 00'35'40" E far 66.67 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears N64'51'11"W, also being 0 point on the exterior boundary of said Tract U; thence Southwesterly along said exterior boundary of Tract U, also being along 0 170.00 foot radius curve leading to the right through 0 central angle of 62'10'39" for on arc distance of 184.48 feet to the Point of Beginning ~~ ,,<<- Drawn By Cad" No Ref Dwg. MAP 081267-1 r LEGAL DESCRIPTION I Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg. No" 1008-109-28R Sheet 1 of 4 2007-034 FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NU1v1BER: 00003653 180 Northeast. 168m. Street I North Miami Beach. Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Plotted. 10/22/08 9:340 EXHIBIT A SURVEYOR'S NOTES: - This site lies In Section 3, Township 52 South, Range 42 East, City of Aventuro, Miami-Dade County, Flor,do - Lands shown hereon were not abstracted for easements and/or rights-of-way of records - Bearings hereon ore referred to on assumed value of S 02"40'32" E for the Easterly right of way line of West Country Club Drive - Easements per so,d Plat Book 99 at Page 20 not shawn os requested - This is not 0 "Bouncary Survey" but only a graphic depiclion of the description shown hereon - Lands shown hereon containing 117,171 square feet, or 2.69 acres, more or less. - DimenSions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2007-034 SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on October 21> 2008, and meets the Minimum Technical Standards os set forth by the Florida Boord of Professional Surveyors and Mappers in Chapter 61 G 17- 6, FlOrida Administrative Code, pursuant to Section 472.027, Florida Statutes, "Not valid without the signature and the original raised seal of a Florida Licen u eyar and Mapper" By' ______~?53-- DanIel C Fort,n, For The~--- Surveyor and Mapper, LS2853 State of Florida Drawn By Cad Na Ref Dwg, r SURVEYOR NOTES AND CERTlFICA TlON I FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORlZATION NUMBER: 00003653 180 No:n:.heast: 1 68th.. Street: I North Miami Beach, Florida. 33162 Phone: 305-653-4493 J Fax 305-651-7152 / Email fls@flssurvey.com MAP 081267-1 2007 -034 Plotted: 10/22/08 9:340 DaLe 10/21/08 Scale NOT TO SCALE Job No. 0081267 Dwg. No 1008-109-28R Sheet 2 of 4 "- EXHIBIT A I \ \ .- \ \ \ \ \ \ \ \ \ \ \ \ I I \ IUJ \$ I UJ > - a: o co ::J .....J o o '..""~ Drawn By Cad. No MAP 081267-1 2007 -034 Ref. Dwg. Plotted: 10/22/08 9:340 >- a: t- Z ::J o o t- OO 7 "J.OO' RIGH1 or wAY PLA 1 SOOK 99 pAGE 20 \ \ \ \ \ I POINT OF ~ BEGINNIN~ A~ ~ I _ Y~T~'~"~ _ -.10.Q~ - - fr A=1001544''i I \ R=120,OO L=21 .49' \ EXTERIOR BOUNDARY LINE OF 'ffiAOS 8-10 AND TRAO U ):' <X: 3: u.. o l- I S2 a: o ::i c:J :::> Cl.. s:~ ~w ~~ ~~ u>- <(<( 10;< ~~ wr Ze> :J(i. ~>-, "ii' ~~ ~::i , noD RIGHT OF WAY "R'AC" f[S)D-"V PlA; BOOK 99 U U g UV PAGE 20 .~ \ n N ~ ,-POINT OF I COMMENCEMENT \ ! 5 W CORNER OF TRACT B-IO ~; ~\ I[TRACT C-10 ;i ~II _e""~,"e."", I~ ~~ AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 GRAPHIC SCALE o 40 SO ~ 160 I ( IN FEET ) 1 incb = 80 It. A=12054'24" R=170.00' L=38.29' RB=N64051 '11"W :::J FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 N. no> .0 0: ~ ""0 -' Nn o l/1 A=62010'39" R=170,OO' L=184.48' RB=N64051'11 "W 7300' R\GH1 Of WA'l PLAT BOOK 99 PAGE ZO SOUTH UNE Of TRACT U r L5 TRACT HH SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATIONNUMBE.R: 00003653 180 Northeast 168th. Street I North Mianl.i Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 ./ Email fls@flssurvey.com A=0059'39" R=4286.18' IL=74.3T RB=N86031'S3"E LINE TABLE LINE LENGTH BEARING L1 14773 S02'40'32"E L2 52.68 S69'2"OYW L3 112.01 N1Z'14'25"E L4 36.00 50Z'40'3Z'E L5 211,4 NB1'OO'39"E L6 43.73 N28+44' 49'"W L7 24.05 N03'ZO'3Z'W LB 7173 N21'07' 43'E L9 35.71 S87'27'34'W 110 6179 N45'59' 34"W Lll 5567 NOO'35'40"[ A=3048'14" R=4299,22' L=285.43' RB=N81000'38"E NORTH LINE OF TRACT HH PLAT SOOK 99 PAGE 20~ I Date 10/21/08 Scale 1 "=80' Job. No. 081267 Dwg. NO.1008-109- 28R Sheet 3 of 4 EXHIBIT A r'0 ~RD Q\.l\.-t- \<-~ B ~'0l';'\\\.l r~ TURNBERRYISLERESORT & COUNTRY CLUB GOLF COURSE .,"~ w > CL o (D ::J -' ~\ CL f- Z ::J o U A VENTURA MALL f- lfJ w 3\ \ \ \\ \ EXHIBIT A S 1'-1 ); (if' O,.qD 1\10 &S6' D 51\<-[[1 I'll '\92';'\ G I ~ Drawn By Cad. No. Ref. Dwg MAP 1081267-1 210107-1034 ( LOCA nON SKETCH I Date 110/21/108 Scale NOT TO SCALE Job. No. 1081267 Dwg NO.1e08-109-2BR Plotted: 10/22/08 9:340 FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast. 168th. Street. / Nort:h 1v1ia..rni Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152/ Email fls@flssurvey.com Sheet 4 of 4 Exhibit 6 01 & 02-REZ-08 .- This instrument was prepared by: Name: Michael 1. Marrero, Esq, Address: Bercow, Radell & Fernandez, P,A. 200 S, Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) THIRD AMENDMENT TO RESTRICTIONS TB ISLE RESORT LP, a Florida limited partnership, the "Developer", as successor in interest to TURNBERRY COUNTRY CLUB, a Florida limited partnership ("Prior Developer") and DONARL OF FLORIDA, INC" a Florida corporation, ("Original Developer"), hereby makes and imposes the following agreements and restrictions, which shall constitute covenants running with the title to the land, and which shall be binding upon the Developer, its successors and assigns, and each and all subsequent purchasers of the land subj ect to this Third Amendment to Restrictions, and their heirs, personal representatives, successors and assigns, -~~ RECITALS A. Original Developer executed the Restrictions for Biscayne Village, Miami- Dade County Florida, dated February 12, 1969, and recorded on June 16, 1970, under Clerk's File No, 70-R-I11949, in Official Records Book 6889, Page 4, of the Public Records of Miami-Dade County, Florida, as amended by Amendment to Restrictions, dated July 17, 1972, and recorded March 27, 1973 in Official Records Book 8198, Page 259, of the Public Records of Miami-Dade County Florida, which are hereinafter collectively referred to as the "Golf Course Restrictions." The Golf Course Restrictions restricted the use of the parcels known as Tract AA and Tract S on a certain land allocation map which was the subject of certain zoning approvals, B, Prior Developer executed the Second Amendment to Restrictions, dated December 20, 1988, and recorded on February 27, 1989, in Official Records Book 14012, Page 616, Public Records of Miami-Dade County, Florida, which amended the Golf Course Restrictions (the "Second Amendment to Restrictions"), The Second Amendment to Restrictions reconfigured the boundaries of Tract AA to accommodate the golf course as actually constructed; the size of Tract AA, as reconfigured, was the same exact size as the original Tract AA described in the Golf Course Restrictions. The reconfigured Tract AA became known as "Tract U" in the Fifth Amendment-Biscayne Yacht and Country Club, according to the Plat thereof as recorded in Official Records book 99, at Page 20 of the Public records of Miami-Dade County, Florida, C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLKI6A\Tumberry - Third Amendment to Restrictions v9 (IGV) doc C. The Golf Course Restrictions were executed by Original Developer pursuant to the requirements of Resolution No, 4-ZAB-3-69 passed and adopted by the Metropolitan Dade County Zoning Appeals Board on January 13, 1969, which provided in part, in connection with approving an unusual use to permit two golf courses including one golf clubhouse, the following: "That a declaration of restrictions and covenants running with the land in proper covenant form, meeting with the approval of the Zoning Director, be recorded to insure that the golf course be maintained as such." n A portion of said Tract V (originally known as Tract AA) was Pleviuusly reconfigured as approved by the Metropolitan Dade County Zoning Appeals Board pursuant to Miami-Dade County Resolution No, 4-ZAB-567-71, and by the Board of County Commissioners pursuant to Resolution No, Z-33-72, passed and adopted February 3,1972, A second reconfiguration of Tract V was approved in conjunction with Resolution No, Z-5-89 to accommodate the country club's hotel expansion, as well as to accept the golf course as actually constructed. With each such reconfiguration of Tract V the total acreage of the tract remained the same, at 241 acres more or less, AMENDMENTS 1. All Recitals are true and correct and hereby adopted and incorporated by reference herein, 2, Further reconfiguration of said Tract V and Tract S are now required to complete and implement the golf course and country club master plan and associated improvements, Once reconfigured: a, Tract V will be known as Tract V-I, and the total acreage of Tract V-I will remain the same as that of Tract V at 241 acres more or less; and b, Tract S will be known as Tract S-I, and the total acreage of Tract S-l will remain the same as that of Tract S at 16,5 acres more or less, 3, Accordingly, the Golf Course Restrictions, as amended by the Second Amendment to Restrictions, are hereby further amended so that said restrictions shall henceforth apply to: a, Tract V-I, being a reconfiguration of Tract V pursuant to this Third Amendment as shown and legally described on Exhibit "A" attached hereto; and b, Tract S-I, being a reconfiguration of Tract S pursuant to this Third Amendment as shown and legally described on Exhibit "B" attached hereto, C:\Documents and SettingslcarrjlLocaJ SettingslTemporary Internet Files\OLK16AITumberry - Third Amendment to Restrictions v9 (lGV).doc 2 ,"".-.... 4, Except as herein modified, all of the terms, provisions and conditions of the Golf Course Restrictions, as amended by the Second Amendment to Restrictions pursuant to Miami-Dade County Resolution No, Z-85-89, are hereby confirmed, ratified and shall remain in full force and effect. [SIGNA TURE PAGES TO FOLLOW] C:\Documents and Settings\carrJ\Local Settings\Temporary Internet Files\OLK16A\Turnbeny - Third Amendment to Restrictions v9 (IGV).doc 3 Signed, witnessed, executed and acknowledged this _ day of 2009, ~-. Witnesses: By: TB ISLE RESORT LP, a Florida limited partnership, By: Name: Title: General Partner Print Name: [CORPORATE SEAL] Print Name: STATE OF FLORIDA ) ) ) SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged ,2009, by _, as of foregoing document on behalf of such me, is personally known to me or produced before me this _ day of , who executed the He personally appeared before as identification, [NOTARIAL SEAL] Notary: Print Name: Notary Public, State of Florida My commission expires: APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED City Attorney Date City Manager c_ C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Tumberry - Third Amendment to Restrictions v9 (IGV) doc 4 JOINDER BY MORTGAGEE The undersigned, being the owner and holder of that certain (the "Mortgage") given by , in favor of , dated as of _ , and recorded under Clerk's File Number in the Public Records of Miami-Dade County, Florida, covering all or a portion of the property described in the foregoing covenant, hereby acknowledges and agrees that the lien and effect of the Mortgage shall be subject and subordinate to the terms of said covenant. IN WITNESS WHEREOF, these presents have been executed this day of ,2009. Signed, sealed and delivered in the presence of these witnesses: Witness: Print Name: By: Name: Address: Witness: Print Name: - STATE OF ) ) ) SS: COUNTY OF This instrument was acknowledged before me this _ day of 2009 by , as of a on behalf of said He/she personally appeared before me, is personally known to me or produced as identification, [NOTARIAL SEAL] Notary: Print Name: Notary Public, State of My commission expires: C\Documents and Settmgs\carrj\LocaJ Settings\Temporary Internet Files\OLK16A\Turnberry - Third Amendment to Restrictions v9 (IGV).doc 5 EXHIBIT" A" - LEGAL DESCRIPTION FOR TRACT V-I (Attached hereto - Pages J through 6) ,~, "~- C\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Third Amendment to Restrictions v9 (IGV).doc 6 ^'~ EXHIBIT A LEGAL DESCRIPTION' TRACf U-I All of Tract U, FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, according to the plat thereof, as recorded In Plat Book 99 at Page 20 of the Public Records of Miami-Dade County, Florido, being partially amended by the following plots' AVENTURA EIGHTH ADDITION, according to the plot thereof, os recorded in Plot Book 136 at Page 37 and AVENTURA TENTf'i ADDITION, according to the plot thereof, as recorded In Plot Book 1.36 at Page 92, both being recorded In the Public Records of Miami-Dade County, Florida. AND Tracts C":8 and D-8 of said plot of AVENTURA EIGHTH ADDITION AND " Tracts A-10, C-10 and 0-10 of SOld plat of AVENTURA TENTH ADDITION AND Parcel A (See Sheet 5 of 6 for Detail) A portion of Tract B-10, AVENTURA TENTH ADDITION, according to the plot thereof, as recorded in Plat Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida, and being more particularly described as fallows: ,- Begin at the most Westerly Northwest corner of said Tract B-10, the following eight (8) courses being along the exterior boundary of said Tract 8-10; 1) thence N 87'19'28" E for 69.15 feet; 2) thence N 16'40'.31" W for 112.81 feet; .3) thence N 7.3'19'29" E for 256.96 feet; 4) thence N 16'40'31" W for 68.05 feet; 5) thence N 69'06'15" E for 81.61 feet, 6) thence S 47'08'16" E for 19328 feet; 7) thence S 69'22'04" E for 60.00 feet to 0 point of curvature; 8) thence Southeasterly along a 400.00 foot radius curve leading to the right through a central angle of 17'56'.35" for on arc distance of 125.27 feet to a non-tangent point; thence S 57'28'02" W for 8.3.50 feet; thence S 50'08'05" W for 33.64 feet; thence N 41'11'28" W for 2997 feet; thence N 48'48'32" E for 23.56 feet; thence N 41'19'16" W for 28.94 feet; thence N 48'48'19" E for 10.08 feet; thence N 41'14'20" W for 27.36 feet; thence N 50'29'30" E for 0.30 feet to a point on 0 circular curve concave to the Southwest and whose radius point bears S86'59'06"W, thence Northwesterly along 0 4.3.43 foot radius curve leading to the left through a central angle of 76'34'58" for an arc distance of 58.05 feet to a non-tangent point; thence S 48"04'50" W for 0.37 feet, thence N 41'22'59" W for 27.49 feet; thence S 48'.35'33" W far 10.09 feet; thence N 41'27'47" W for 28.74 feet; thence S 48'.38'02" W for 23.57 feet; thence N 41'11'14" W far .31.03 feet; thence N 87'02'24" W for 1.3.93 feet; thence S 48'32'04" W for 79.44 feet; thence S 06'10'31" W for 6.23 feet to a point on 0 circular curve concave to the Northwest and whose radius point bears N8T 11 '56"W; thence Southwesterly along 0 285.15 foot radius curve leading to the right through 0 central angle of 7"18"26" for on arc distance of .36.37 feet to a point oh a circular curve concave to the Northwest and whose radius point bears N79' 36' 46"W; thence Southwesterly along 0 10.3.02 foot radius curve leading to the right through a central angle of 62'.37'35" for an arc distance of 112.60 feet to a point on a circular curve concave to the Northwest and whose radius point bears N1T52'06"W; thence Southwesterly along 0 94.39 foot radius curve leading to the right through a central angle of 25'06' 19" for an arc distance of 41.36 feet to 0 non-tangent point; thence S 87'14'45" W for 5375 feet; thence S 02'40'40" E for 212.19 feet; thence S 87'12'00" W for 101.86 feet; thence S 42'41 '48" W for 38.25 feet; thence N 86'46'05" W for 23.48 feet to 0 point on the Westerly line of said Tract 8-10, also being the Easterly right of way line of West Country Club Drive; thence N 02'40'32" W along said Westerly line of Tract 8-10 and Easterly nght of way line of West Country Club Drive for 252.03 feet to the Point of Beginning. AND Commence at said most Westerly Northwest corner of Tract 8-10; thence S 02'40'.32" E along said Westerly line of Tract B-10, and Easterly right of way line of West Country Club Drive for 651.75 feet; thence N 87"26'47" E for 200.46 feet to the Point of 8eginning; thence continue N 87"26'47" E for 63.18 feet; thence N 42'26'47" E for 16.77 feet; thence N 02'33' 13" W for .3.3.67 feet; thence N 87'26'47" E for 120.69 feet; thence S 02'33' 13" E for 42.01 feet; thence S 87'26'47" W for 41 A5 feet; thence S 02'33'13" E for .39"61 feet; thence N 87'26'47" E for 62.28 feet; thence S 02'33' 13" E for 24.13 feet, the following six (6) courses being along the exterior boundary of said Tract B-10; 1) thence S 87'26'47" W for 15.34 feet; 2) thence S 02'33' 1.3" E for .34.14 feet; 3) thence S 87'26'47" W for 132.42 feet; 4) thence N 02'3.3'13" W for 74.14 feet; 5) thence N 47'42'35" W for 1 9.88 feet to 0 point on 0 circular curve concave to the Southeast and whose radius point bears S29'22'29"E; 6) thence Southwesterly along a 120.00 foot radius curve leading to the left through 0 central angle of .38'07'22" for an arc distance of 79.84 feet to 0 non-tangent point; thence N 02'40'32" W for 62.46 feet to the Point of Beginning. ~ - /~ Plotted' 2/9/09 11 :010 ( LEGAL DESCRIPTION I FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 ) 80 Nor-cheasl 168th. Street / North Miami Beach. Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 I Email fls@flssurv-ey.com Date 2/9/09 Scale NOT TO SCALE Job. No 090092 Dwg No. 1009-004 Sheet 1 of 6 - Drawn By Cad. No. MAP 090092 2007-034 REVISED 090116 Ref. Dwg. EXHIBIT A LESS AND EXCEPT Parcel B (See Sheet 6 of 6 for Detail) A portion of Tract U, FlnH ADDITION 8ISCAYNE YACHT AND COUNTRY CLU8, according to the plot thereof, oS recorded in Plot Book 99 at Page 20, and 011 of Tract C-10, AVENTURA TENTH ADDITION, according to the plot thereof, os recorded in Plot 800k 136 at Page 92, both being recorded in the Public Records of Miami-Dade County, Florida, and being more particularly described os follows Commence at the Southwest corner of Tract B-10 of said AVENTJRA TENTH ADDITlON, thence N 02'40'32" W along the Westerly line of said Tract 8-10, also being the Easterly right of way line of West Country Club Drive for 223.65 feet; thence N 87'19'28" E for 20045 feet to the Point of Be9inning; thence S 02'40'32" E for 147.73 feet; thence S 69'21 '03" W for 52.68 feet to 0 point on 0 circular curve concave to the Northwest and whose radius pOint bears N64'51 '11 "w, the following three (3) courses being alon9 the exterior boundary of said Tract 8-10; 1) thence Northeasterly along 0 170.00 foot radius curve leading to the left through 0 central angle of 12'54'24" for on arc distance of 38.29 feet to 0 point of tangency; 2) thence N 12'14'25" E for 112.01 feet to o point of curvature; 3) thence Northeasterly along 0 120.00 foot radiUS curve leading to the right through 0 central angle of 10'15'44" for on arc distance of 2149 feet to the Point of Beginning AND 8egin at said Southwest corner of Tract B-10; thence S 02"40'32" E along the Westerly line of said Tract C-10, Tract U and Easterly right of way line of West Country Club Drive for 6699 feet to 0 point of curvat~re, the following two (2) courses being along the exterior boundary of said Tract U; 1) thence Southeasterly along 0 4510.66 foot radius curve leading to the left through 0 central angle of 6'18'50" for on arc distance of 497.07 feet to the Northwest corner of Tract HH of said FInH ADDITION 8ISCAYNE YACHT AND COUNTRY CLU8; 2) thence N 81'00'38" E along the North line of sOld Tract HH for 211.44 feet to 0 point on 0 circular curve concave to the Northeast and whose radius pomt bears N81'00'38"E; thence Northwesterly along 0 4299.22 foot radius curve leading to the right through 0 central angle of 3'48' 14" for on arc distance of 285.43 feet to 0 non-tangent point; thence N 28'44'49" W for 43"73 feet; thence N 03'20'32" W for 24.05 feet; thence N 21'07'43" E for 71.73 feet to 0 point on 0 circular curve concave to the Northeast and whose radius point bears N86'31 '53"E; thence Northwesterly along 0 4286.18 foot radiUS curve leading to the right throu9h 0 central angle of 0"59'39" for on arc distance of 74.37 feet to 0 non-tangent point; thence S 87'27'34" W for 35.71 feet; thence N 45'59'34" W for 61.79 feet, thence N 00'35'40" E for 66.67 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears N64'51' 11 "w, also being 0 point on said exterior boundary of Tract U; thence Southwesterly along said exterior boundary of Tract U, also being along 0 17000 foot radius curve leading to the nght through 0 central angle of 27'01'58" for on ore distance of 80.21 feet to the Northeast corner of said Tract C-10; thence S 87"19'28" W along the North line of said Tract C-10 for 97.86 feet to the Point of Beginning LESS AND EXCEPT That portion of said Tract U lying in Tracts A-8 and 8-8 of said plot of AVENTURA EIGHTH ADDITION LESS AND EXCEPT That portion of said Tract U lying in Tract 8-10 of said plot of AVENTURA TENTH ADDITION /<X Drawn By Cad. No MAP 090092 r LEGAL DESCRIPTION I F ORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Nonheast 168th. Streer.1 North. Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 2/9/09 Scale NOT TO SCALE Job. No, 090092 Dwg. No. 1009-10104 Sheet 2 of 6 Ref Dwg. 2007-034 REVISED 090116 Plotted: 2/9/09 11:010 "- EXHIBIT A SURVEYOR'S NOTES: - This site lies in Sections 2 and 3, Township 52 South, Range 42 East and Sections 34 and 35, Township 51 South, Range 42 East. City of Aventura, Miami-Dade County, Florida - Lands shown hereon were not abstracted for easements and/or rights-af -way of records - Bearings hereon ore referred to on assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive - This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. - Lands shown hereon containing 241.8 acres, more or less. - Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2007-034 SURVEYOR'S CERTIFICATION: J hereby certify that this "Sketch of Description" was made under my responsible charge an February 9, 2009, and meets the Minimum Technical Standards as set forth by the Florido Board of Professional Surveyors and Mappers in Chapter 61 G 17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. ''Not valid without the signature and the original raised seal of a Florida licensed yar and Mapper" By: - Drawn By Cad. No r SURVEYOR'S NOTES & CERTlFICA TlON I FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / Nortb Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 I Email fls@flssurvey.com MAP 090092 Ref Dwg. 2007 -034 REVISED 090116 Plotted: 2/9/09 11:010 Date 2/9/09 Scale NOT TO SCALE Job. No. 090092 Dwg No. 1009 -004 Sheet 3 of 6 EXHIBIT A --- NE 207TH STREET ! \ w ___ u-~I l NORTH - --iJ ~ COUNTRY ---- / / ! I I I ~ '" \ \ I I TRACT U PLAT BOOK 99 PAGE 20 ~"'~ TRACT U-! PLAT BOOK 99 PAGE 20 PARCEL A (SEE SHEET 5 OF 6) TRACT C-8 Pl.AT8OOI(136P.-,GE37 TRACT 8-8 PU\lB00I(1:>S?AGE37 (NOfAPARn 0/ -'> O~ 00/ 0"'/ /' 3435 32 TRACT U PLAT BOOK 99 PAGE 20 TRACT A-8 PLJ.rBOOK 136 PAGE 31 ~W.'J V-l. t- ,,) t/ ( I I I >- \~ ::J \8 \i \ \ \ \ \ J TRACT U-1 PARCEL A (SEE SHEET 5 OF 6) NO. "SZ ",01>-0 ___ --- 51" '" I"~ ___ --- --- -- o ---- ---- ---- GRAPHIC SCALE ~CD - LEGEND D TRACT U-l RESTRICTED GOLF COURSE ACREAGE (241.81: ACRES) ( IN FEET ) 1 inch = 600 ft. k;:>'/ ~:1 TRACT S-l /:;;1'';,,- /~ - Drawn By Cad. No. ReI. Dwg ( SKETCH OF DESCRIPTION I Date 2/9/09 Scale 1 "=600' Job No. 090092 Dwg. No. 1009-004 Sheet 4 01 6 MAP 090092 2007-034 REVISED 090116 Plotted: 2/9/09 11 :010 FORTIN, LEAVY, S K.ILES, INC,. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION" NUMBER: 00003653 180 Northeast 168th. Street I North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 I Email :t1.s@flssurvey.com -,......... ~ ~ / /TRACT A-~O~ A~~~~~O~EI~~~~g~I~;ON \..'=> ? ~~(J't:.\.. ~ EXTERIOR 80UNDARY LINE OF TRACT 8-10 EXHIBIT A TRACT U fiFTH ADDITION BISCA YNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 r- .<> <6' ,,-,'0 ~ ~73.00' >-~ 0:- '" N I ~~~ \ ~ <( / ~jCl oc" I ,---'- POINT OF i r-I ~ I BEGINNING I L I I \..3 ~d, II ~~ ~: 1 ~ ~' L1 '~ u..~ g I Ow ~ I-~ 1\6~ ~ Q..U \ ~ ,~~ r ~:o ~d :0>- ~~ z:o "'0 Uu '" (\j -J "," v l22 <" <'", co 0 / 'vrc 'Coy ," '/ v -'<<:> 'v" 1A=76034'S8" R=43.43' L=S8,OS' RB=S860S9'06"W A=17"S6'3S" R=400,OO' L= 12S,27' L;> ,,'0 <"/ 'v ,,17 'v" <" ~ 'v"" (/0 'vCiJ A=7"18'26" R=28S,1 S L=36"37' RB=N83011 'S6"W '" A=62C37'3S" ~ R=10302' A=2sc06'19" L=112"60' R=94,39' RB=N79036'46"W L=41 ,36' RB=N130S2'06"W TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL FORTIN, LEAVY, SKILES, SKETCH #2007,034 L25 <rJ N ~ ~ <J:; I /:..<0 L27 ~S IL29 SOUTH LINE ~5EC110N 34-51-42 NORTH LINE Of SECTlON 3-S2-42 - \( WE5TERL Y LINE OF TRACT B-l0 AND EASTERLY RtGHT OF WAY UNE Of WEST COUNTRY CLUB ORIVE w ~I AVENTURA TENTH ADDITION o PLAT BOOK 136 PAGE 92 ..,. ~I CD I ::J I A=38007'22"~, ...J ~ I R=120 00' L34 () ~ ~ L=79 84 C'l ~'" ~ i) I RB=S29022'29"E:3 S ~ ~ ~ ~ - ~~~if~~"~ /~L31":;'" ~L3638 i1~~RS!TH~D~I~\? l- ~ iX 1 ~ ;g <: ~ L 0'> PLAT BOOK 136 PAGE 92 Z "' I ~ POINT OF ::3 ~ 17.. O\" ~ L40 S _ ~ 5 ~ l~~ I BEGINNING .:J ?~~(J,,- ~ " () L42 I / EXTERIOR 80UNOARY LINE l- 73 DO' OF TRACT 8-10 (f) >-:Ii W I ~:&: / TRACT U O~~H' ~ \ ~gt'! I ~ CD <( fiFTH ADDITION ~ '5" / BISCAYNE YACHT AND COUNTRY CLUB OC Q. I PLAT BOOK 99 PAGE 20 ~ ~ w > a: o ~~, Drawn By Cad No Ref Dwg. MAP 090092 2007 -034 REVISED 090116 Plotted: 2/9/09 11 :01 a T R A LINE TABLE LINE TABLE LINE LENGiH BEARING LINE LENGTH Ll 69.15 N87'19'28~E L24 6.23 L2 112.81 Nt6'"4Q'.31' L2S 53.7S lO 256.96 N7J'19'29~E L26 212.19 L4 68.05 N16"40'31" L27 101.86 L5 81.61 N69'06'1S"E L28 38,25 L6 193.28 547'08'16"E L29 23.48 L7 60,00 569"22'04"E lOO 252.03 L8 83.50 SST28'02"W L31 ' 63.18 L9 3364 550'08.0S"W lO2 16,77 lI0 Z997 N4111'28'}1 lO3 33.67 LlI Z3.S6 N48'48'32"E l34 120,69 l12 28.94 N4119'16" l3S 42,01 l13 10.08 N48'48'19~E U6 41.45 L14 27.36 N41"14'ZO' L37 39.61 liS 0.30 NSO'29'30"E lO8 62.28 lI6 0.37 S48'04'SO"W 109 24,13 L17 27. 49 N41'22.59~ L40 15.34 L 18 10.09 548'3S'3J"W L41 34.14 L 19 28.74 N41.27' 4 7" L42 13242 L20 23.57 548'3B'02"W L43 74.14 LZl 31.0.3 N41'11'14~ L44 1988 L22 1393 N87'02'24"V 145 62.46 L23 7944 548'32'04 ~w c T 8 ~o BE ARING S06'10'31~W 587"14' 4S'"W 502'40' 40"E 587'1 Z.OO"W S42'41'48"W N86"46'OS" N02'40'32" N8T26'47"E N42'26'47"E N02'33'13"W N87'26'47"E 502'33'13"E 587"26' 47'"W S02'33'13',[ N8T26'47"E S02'33'1J"E S8T26'47~W 502'33'13"E 587'26' 4 TW NOZ'33'1J"W N47'42'3S"W N02'40'32"W < \ \ \ V \ \ \ \ \ r1 >-0 ~I \ OCD z~ :Ou alC2 I ",>- 0"- C) /' /' '" > /' ~o GRAPHIC SCALE 240 I 120 i ( IN FEET ) 1 inch = 120 ft, ::<~ ( SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORlZA TION NU!\1BER: 00003653 180 Northeast 168m. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 j Fax 305-651-7152 / En'lail fls@tlssu:r.,.-ey.conJ. I Date 2/9/09 Scale 1 "=120' Job. No, 090092 Dwg No, 1009-004 Sheet 5 of 6 73.00 \ RIGHT OF WAy1 TRACT lE>>o--JO' PLAT BOOK 99 g UV PAGE 20 ~ \ n N ~ POINT OF [COMMENCEMENT ~ ~\ SW CORNER OF TRACT B-10 o n ~3 '~\ jTRACT C-~O g ~ 2;; I PLAT BOOK 136 PAGE 92 o e: z \ NORTH LINE OF z z I i TRACT C-10 ..c;, ;::8 L12 I~ ~~ ~~ , "'!Z' ~:J ,,>- << e:'" ~ :s~ 3 !Z'i3 L1- I ::; ii: o \ ~~ t- 1 Ww 6 I ~3 a: ~ o :::i co ~ e:.. "~ I \ \ ~ 73.00' RIGHi OF WAY PLA T BOOK 99 PAGE 20 ,...-.. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ IW IS \ W > - CC o co :J -1 () m .....,.....".. Drawn By Cad. No Ref. Dwg. MAP 090092 2007-034 REVISED 090116 Plotted' 2/9/09 11 :01 0 >- CC r- Z :J o () r- ef) 73.00' RIGHT OF ViA Y PLAT BOO~ 99 PAGE 20 \ \ \ \ \ EXHIBIT A * _ _N~T22'~"~ _ ..-10~~" -- A=10015'44" \ R=120.00' L=21 A9' \ \-.- EXTERIOR BOUNDARY LINE \ OF TRACTS 8-10 AND TRACT U ~POINT OF BEGINNING PARCEL B GRAPH1C o 40 80 I I I 160 I SCALE AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 ( IN FEET ) 1 inch ~ 80 It POINT OF BEGINNING S.W. CORNER OF TRACT 8-10 I A=o059'39" R=4286,18' L= 7 4,37' RB=N86031 '53"E 'Xl t>-?- C. 'C.\. 'tl LINE T A8LE LINE LENGTH BEARING Ll 147.7.3 S02'40'32"E L2 52.68 S69'21 '03"W L3 112.01 Nl2'14'25~E L4 66.M S02'40'32"E L5 211.44 N81 '00'38"E L5 43.73 N28'44'49" L7 24.05 N03'20'32" A=6018'50" L8 71.73 N21'07'43~E R=4510.66' L9 35.71 S87'27'34"W L=497.0T 110 61.79 N4S'59'34" L11 66.67 NOO'35'40"E LI2 97.8 S87'19'28"W T R A C T U FIFTH ADDITION BISCA YNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 73.00' RIGH.i OF WAY PLAT BOOK 99 PAGE 20 A=3048'14" R=4299.22' L=285,43' RB=N81000'38"E EXITRIQR BOUNDARY LINE OF TRACT U SouTH LINE OF TRACT U L5 \ ----~FW'rR~~~N~~ TRACT HH NORTH LINE OF TRACT ~H PLAT 800~ 99 PAGE 20 ~ r SKETCH OF DESCRIPTION I' Date Scale 2/9/09 1"=80' 090092 FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Nortl1east 168th. Street I North Miami Beach, Florida. 33162 Phone: 305-6.53-4493 ,. Fax 305-6.:5 1- 7152 / Email fls@flssurvey.com Job. No. Dwg No 1009-004 Sheet 6 of 6 EXHIBIT "B" LEGAL DESCRIPTION FOR TRACT S-l (Attached hereto - Pages 1 through 6) ,~, C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Third Amendment to Restrictions v9 (IGV).doc 13 ,- EXHIBIT B LEGAL DESCRIPTION Tract S-1 All of Tract B-10,AVENTURA TENTH ADDlTlON, according to the plot thereof, os recorded in Plot Book 136 at Page 92 of the Public Records of Miaml-Dode County, Florida AND Parcel 8 (See Sheet 6 of 6 for Detail) A portion of Troct U, FIFTH ADDlTlON BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os recorded In Plat Book 99 at Page 20, and 011 of Tract C-10, AVENTURA TENTH ADDlTION, according to the plot thereof, os recorded in Plot Book 136 at Page 92, both being recorded in the PubliC Records of Miami-Dade County, Florida, and being more port;culorly described os follows Commence at the Southwest corner of Tract B-10 of SOld AVENTURA TENTH ADDJTlON; thence N 02'40'32" W along the Westerly line of sold Tract B-10, also being the Easterly right of way line of West Country Club Drive for 223,65 feet, thence N 87' 19'28" E for 200.45 leet to the POint of Beginning; thence S 02'40'32" E for 147,73 feet; thence S 69'21 '03" W for 52,68 feet to 0 point on 0 circular curve concave to the Northwest and whose radius pOint bears N64'51' 11 "w, the following three (3) courses being along the exterior boundary of said Tract B- 10; 1) thence Northeasterly along 0 170,00 foot radius curve leading to the left through 0 central angle of 12' 54'24" for on ore distance of 38.29 feet to 0 point of tangency; 2) thence N 12'14'25" E for 112.01 feet to o point of curvature; 3) thence Northeasterly along 0 120.00 loot radius curve leading to the right through a central angle of 10' 15'44" for on arc distance Of 21.49 feet to the Point of Beginning. AND .~ Begin at said Southwest corner of Tract B-l0; thence S 02"40'32" E along the Westerly line of said Tract C-l0, Tract U and Easterly right of way line of West Country Club Drive for 66.99 feet to 0 point of curvature, the follOWing two (2) courses being along the exterior boundary of said Tract U; 1) thence Southeosterly along a 4510.66 foot radius curve leading to the left through a central angle of 6'18'50" for an arc distance of 497.07 feet to the Northwest corner of Tract HH of said FIFTH ADDITION B1SCAYNE YACHT AND COUNTRY CLUB; 2) thence N 81'00'38" E along the North line of said Tract HH for 211.44 feet to 0 paint on a circular curve concave to the Northeast and whose radius point bears N81'00'38"E; thence Northwesterly along 0 4299.22 foot radius curve leading to the right through 0 central angle of 3'48' 14" for an ore distance of 285.43 feet to 0 non-tangent point; thence N 28'44'49" W for 43.73 feet; thence N 03'20'32" W for 24.05 feet; thence N 21'07'43" E for 71.73 feet to a point on 0 circular curve concave to the Northeast and whose radius paint bears N86'31 '53"E; thence Northwesterly along a 4286,18 foot radius curve leading to the right through a central angle of 0'59'39" far an arc distance of 74.37 feet to a non-tangent point; thence S 87'27'34" W for 35.71 feet; thence N 45'59'34" W for 61.79 feet; thence N 00'35'40" E for 66.67 feet to 0 point on 0 clrculor curve concave to the Northwest and whose radius point bears N64'51 '11 "w, also being 0 point on sold exterior boundary of Tract U; thence Southwesterly along said exterior boundary of Tract U, also being along 0 170.00 foot radius curve leading to the right through 0 central angle 01 27'01 '58" for an arc distance of 80.21 feet to the Northeast corner of said Tract C-10; thence S 8T 19'28" W along the North line of said Tract C-10 for 97.86 feet to the Point of Beginning" LESS AND EXCEPT Description on Sheet 2 of 6 .- Drawn By Cad. No. MAP 090092 I LEGAL DESCRIPTION FORTIN, LEAVY, S KlLES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORlZATIONNUMBER: 00003653 180 Northeast 168m. Street / North J:vfiamj Beach, Florida. 33162 Phone: 305-653-4493 J Fax 305-651-7152 / EmaiJ fls@flssurvey.com ~ I Date 2/9/09 Scale NOT TO SCALE Job No. 090116 Dwg No. 1009-004-1 Sheet 1 of 6 Ref Dwg 2007-034 Plotted: 2/9/09 11:010 .~ EXHIBIT B LESS AND EXCEPT Parcel A (See Sheet 5 of 6 tor Detail) ,~ portion of Tract B-10, AVENTURA TENTH ADDITION, according to the piat thereof, os recardea in Plot Book 136 at Page 92 of the Public Recoras of Miami-Dade County, Florida, and being more particularly described os follows Begin at the most Westerly Northwest corner of soia Tract B-10, the follOWing eight (8) courses being along the exterior boundary of said Tract B-10; 1) thence N 87'19'28" E for 69.15 feet; 2) thence N 16'40'31" W for 11281 feet; 3) thence N 73'19'29" E for 256.96 feet, 4) thence N 16'40'31" W for 6805 feet; 5) thence N 69'06'15" E for 81.61 feet, 6) thence S 47'08'16" E for 19328 feet; 7) thence S 69'22'04" E for 6000 feet to c paint of curvaturei 8) thence Southeasterly alan9 a 400,00 foot radius curve leading to the right through a central angle of 17'56'35" for on arc distance of 125,27 feet to 0 non-tangent point; thence S 57'28'02" W for 8350 feet, thence S 50'08'05" W for 3364 feeti thence N 41'11'28" W for 29.97 feet; thence N 48'48'32" E for 2356 feet; thence N 41'19'16" W for 28.94 feet; thence N 48'48'19" E for 10.08 feet; thence N 41'14'20" W for 27.36 feet; thence N 50'29'30" E for 0.30 feet to 0 point on 0 circular curve concave to the Southwest and whose radius point bears S86'59'06"W; thence Northwesterly along 0 43.43 foot radiUS curve leading to the left through 0 central an9ie of 76'34'58" for on arc distance of 58,05 feet to 0 non-tangent point; thence S 48'04'50" W for 0.37 feet; thence N 41'22'59" W for 27.49 feet; thence S 48'35'33" W for 10.09 feet; thence N 41'27'47" W far 28.74 feet, thence S 48'38'02" W for 23.57 feet; thence N 41'11'14" W for 31.03 feet; thence N 87'02'24" W for 13.93 feet, thence S 48'32'04" W for 79.44 feet; thence S 06'10'31" W for 6.23 feet to a point on 0 Circular curve concave to the Northwest and whose radius paint bears N83'11 '56"W; thence Southwesterly along 0 28515 foot radiUS curve leading to the Clght through a central angle of 7' 18'26" for an arc distance of 36.37 feet to a point on a circular curve concave to the Northwest and whose radiUS point bears N79' 36' 46''W; thence Southwesterly along 0 103.02 foot radiUS curve leading to the right through a central angle of 62'37'35" for an arc distance of 112.60 feet to a point on a circular curve concave to the Northwest and whose radius point bears N 1 J'52'06"W; thence Southwesterly along 0 94.39 foot radius curve leading to the right through 0 central angle of 25'06' 19" for on arc distance of 41,36 feet to 0 non-tangent point; thence S 87'14'45" W for 53.75 feet; thence S 02'40'40" E for 212.19 feet; thence S 87'12'00" W for 101.86 feet; thence S 42'41 '48" W for 38.25 feet; thence N 86'46'05" W for 23.48 feet to a point on the Westerly line of said Tract B-10, also being the Easterly right of way line of West Country Club Drive; thence N 02'40'32" W along said Westerly line of Tract 8-10 and Easterly right of way line of West Country Club Drive for 252.03 feet to the Point of Beginning. AND Commence at said most Westerly Northwest corner of Tract 8-10; thence S 02'40'32" E along said Westerly line of Tract B-10, and Easterly right of way line of West Country Club Drive for 651,75 feet; thence N 87'26'47" E for 200.46 feet to the Point of Beginning; thence continue N 87'26'47" E for 63.18 feet; thence N 42'26'47" E for 16.77 feet; thence N 02'33'13" W for 33,67 feet; thence N 87'26'47" E for 120.69 feet; thence S 02'33'13" E for 42.01 feet; thence S 87'26'47" W for 41.45 feet; thence S 02.33'13" E for 39.61 feet; thence N 87'26'47" E for 62.28 feet; thence S 02'33'13" E for 24.13 feet, the following SIX (6) courses being along the exterior boundary of said Tract B-10; 1) thence S 87'26'47" W for 1534 feet: 2) thence S 02'33' 13" E for 34.14 feet; 3) thence S 87'26'47" W for 132.42 feet; 4) thence N 02'33'13" W for 74.14 feet; 5) thence N 47'42'35" W for 19.88 feet to a point on a circular curve concave to the Southeast and whose radius point bears S29'22'29"E; 6) thence Southwesterly along 0 120,00 foot radiUS curve leading to the left through 0 central angle of 38'07'22" for on arc distance of 7984 feet to a non-tangent pOint; thence N 02'40'32" W for 62.46 feet to the Point of Beginning. . ..#:::?- --c... (.-;7" "- Drawn By MAP 090092 r LEGAL DESCRIPTION I FORTIN, LEAVY, SKlLES, INC. CONSULTING ENGINEERS, SU.RVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORlZATION NUMBER, 00003653 180 Northeast: ] 68ili. S~ree1: / North Miami Beach. Florida. 33162 Phone: 305-653-4493 .' Fax 305-651-7152 ,I Email fls@flssurvey.com Date 2/9/09 Scale NOT TO SCALE Job. No. 090116 Dwg. No. 1009 -004-1 Sheet 2 of 6 Cad. No Ref Dwg 2007-034 Plotted: 2/9/09 11010 <.~ EXHIBIT B SURVEYOR'S NOTES: - This site lies 'In Section 3, Township 52 South, Range 42 East and Section 34, Township 51 South, Range 42 East, City oj Aventura, M,omi-Dade County, Florida. - Bearings hereon ore rejerred to on assumed value of S 02'40'32" E for the Easterly right of woy line of West Country Club Drive - Londs shown hereon were not obstracted for easements and/or rights-of-way of records - This 'is not 0 "Boundory Survey" but only a graphic de PiC lion of the description shown hereon. - Lands shown hereon conta.ining 671,345 square feet, or 154 acres, more or less - Dimensions shown hereon ore based on Foriln, Leavy, Skiles, sketch #2007-034 SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Descriplion was mode under my responsible charge on February 9, 2009, and meets the Minimum Technical Standards as set forth by the Florida Boord of Professional Surveyors and Mappers In Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027. Florida Statutes. "Not valid without the signature and the original raised sea! oj a Florlda Licensed surveJ~ and Mapper" FORTIN, LE , SI:>'!LES, INC" LB3653 Cy _~/}/;;?( Daniel C. FOriin~Fif/===--- Surveyor and Mapper, LS2853 State of Florida. - "~ Drawn By Cad No. MAP 090092 ( SURVEYOR'S NOTES & CERTlF/CA TlON I FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION1,:rUMBER: 00003653 180 Northeast: 168m. Street I North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 J Ernail fls@flssurvey.com Date 2/9/09 Scale NOT TO SCALE Job. No. 090116 Dwg. No. 1009-004-1 Sheet 3 of 6 Ref Dwg. 2007-034 Plotted: 2/9/09 , 1 :01 a EXHIBIT B / / ( \ \ \ - \ \ I / 1.<.;/ "'" Oti'j '00/ 0"'/ /' >- \~ ::l \8 \~ \ \ \ \ \ j NO BO"D S"\,,"\l;. ___ --- --- - ----- o --- --- - GRAPHIC SCALE LEGEND C::::J TRACT S.1 ~~~~;~~ ~~~~~I~iED GOLF COURSE ACREAGE (241.8! ACRES) o 300 ~ 600 I 12'00 I ( IN FEET ) 1 inch = 600 tl .- Drawn By Cad No. MAP 090092 r SKETCH OF DESCRIPTION FORTIN, LEAVY, SKlLES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORJDA CERTIFICATE OF AUTHORlZATI0NNUMBER: 00003653 180 N-orth.e.as[ 168th, Street {North Miami Beach., Flol.-ida.. 33162 Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@f1ssurvey.com ~---= I Date 2/9/09 Scale 1 "=600' Job No 090116 Dwg No 1009-004-1 Sheet 4 of 6 Ref Dwg. 2007-034 Plotted 2/9/09 11 :010 r"- ~ --------- / ~RACT A-~O'" A~~i~~~~EI~~Hp~g~l~ioN \..'=' ~3.00 I r:;j .> " " I ~~~ \ G~O- / "'0' ~ POINTOF ~ (--./ BEGINNING '" 8 \..3 ~ \ \ ~~ '" I \ I='CD "'~ ~~ t:i~ \ 0,,- :>0 I W l u..~ g lOW ....J 1-:2 ~:2 '", 00 r-- tl.() EXTERIOR 80UNO.RY LINE OF TRACT 8- 1 0 ~ <6' L22 < ~':> <", \S <9. I..? 7 S 'O'{ '<t " ,," 7--'<0 C\J -.J ,," IA=7018'26" ,,<':J (7". "-1 R=28515' ,,"':> ( I L=36.37 " ~ I RB=N83011 '56"W ,," A=6203735" ("0 "C!J \ R=103.02' IA=25006'19" L=112.60 \ I R=9439' RB=N79036'46''W '1 L=41 ,36' I RB=N13052'06"W ~ '? ~~(Jt:.\. ~ l25 EXHIBIT B TRACT U FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 A= 76034'58" R=43.43 L=58,05' RB=S86059'06"W I A= 1 JD56'35" r1 R=400,OO' / IL=1252T \..'0 "', ~ \ \ \ <D N ....J TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL FORTIN, LEAVY, SKILES, SKETCH #2007,034 \ \ en \ :J I A=3800T22"~ ....J >' \ R=120 00' l34 0;;: <( L=79.84' ~ ~ ~ I RB=S29022'29 'E gr :3 >- ~ ~ r - ~iE'~'~"~ - L31 6'1- r--l36'" iTRACT D-~O (( ~ CJ 200 46' ~ y: / C') 38 AVENTURA TENTH ADDITION I- ~ ii ~ ';,,' , ....J l en PLAT BOOK 136 PAGE 92 Z '" I ~ POINT OF ::3 C') Vv O\..~ L40:3 - ~ 6 s~~ \ BEGINNING ::3 '?t>-~C;~ 3 '\ l42 \ I EXTERIOR BOUNOARY LINE ~ 7300 OF ffiACT 8-10 (f) r:;; lL1 1 ~:" / TRACT U OTOHNR 3: \ ~g; \ >- CD << FIFTH ADDITION ~ S a. / BISCAYNE YACHT AND COUNTRY CLUB '" a. \ PLAT BOOK 99 PAGE 20 LINE LINE TABLE LENGTH 69.15 112.81 256.96 68.05 81.61 193.28 6000 83.50 33.64 2997 23.56 28.94 10,08 27.36 0,30 0.37 27.49 10.09 2874 23.57 3103 13.93 79,44 LI L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 \..16 L 17 L18 L 19 L20 L21 L22 L23 ~~. ~ ,/~! r ~3 ~u ::Or "'10 I='z z:o wo Ou '" <D I /<0 L27 h/S L29 SOUTH LINt: OF SECTION 34-51-42 NORTH L1NEClF SECTION 3-S2-42 ~ ~ \( WESTERL Y LINE OF TRACT B-10 AND EASTERLY RIGHT OF WAY LINE OF WEST COUNffiY CLUB DRIVE w ';.:;\ AVENTURA TENTH ADDITION a PLAT BOOK 136 PAGE 92 <t ~I w > (( o T R A c T ,~ ( SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC" CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION N"UMBER: 00003653 180 Northeast 168th. Street I Norm l'vliarni Beach, Florida. 33162 Phone: 305-653-4493/ Fax 30:'5-651-71 <:;2 I En1.ail fls@flssurvey.com Drawn By Cad. No, Ref, Dwg, MAP 090092 2007-034 Plotted' 2/9/09 11:010 BEARING NBTl 9'28~E N16"40'.31" N73'19'29"[ N16"40'31~ N69'06'1ST S4T08'16"E 569'22'04"E SS7'28'02"W' SSO'08.05'W N41'1j'28" N48'48'32"E N41'1g'1C N48'48'19T N41"14'20" NSO'2930'E S48'04'SO"W N41'22'59" 548.35'33"W N41'27'4-7" S48'38'02"W N41'11'14" N8T02'24" S4S"32'04"'W 8 LINE L24, L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 US U6 U7 L38 U9 L40 L41 L42 L43 L44 L45 LINE TABLE LENGTH 623 53.75 212.19 101,86 38.25 23 48 252.03 63.18 16.77 33,67 120,69 42.01 41.45 39.61 6228 2413 15,34 34.14 132.42 74.14 19.88 62.46 BEARING I S06.1O'31"W S8r14'4S~W S02'40'40'[ 587'12'OO"W S42"41'48"W N86'46'OS" N02'40'32" N8T26'47"E N42'26'47"E N02'33'13"W N8T26'47"E 502'33'13"E S8T26'47"W S02'33'13"E N8T26'47"E S02'33'13"E 58T26'47"W 502'33'13"E S87'26'47"W N02'33'13"W N4T42'35"W N02'40' 32"W \ (1 ~ , ~~ I OCO 5t) :g I tJ / 10 / < "" \ "" "" > / V GRAPHIC SCALE 60 I i20 I 2'0 I ( IN FEET ) 1 inch = 120 ft, 4~ I Date 2/9/09 Scale 1 "=120' Job, No, 090116 Dwg, No. 1009-004-1 Sheet of 6 5 "~ \ \ \ - \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ m ".~ Drawn By Cad. No. Ref Dwg. 7}OO' RICH1 OF WAY PLAT BOOK 99 PAGE 20 w > - a:: o MAP 090092 2007-034 co :J .-l () 7300' RlGH1 OF WAY PLAT BOOK 99 PAGE- 20 ~ l n N ~/~ POINT OF rCOMMENCEMENT ~ ? \ S W CORNER OF TRACT B-10 ~; ~\! ",u N fO)- 0 @i Z\ "'=> o S'0 ,~ ~~ ~t '", IDZ ~:J 0)- "'"' fO'" .. t~ WI Zeo :Jet:' )-)- ~~ "'", l- ~w a I ~~ i\ ! >- a:: r- z :J o o r- (j) w $ 73.00' RIGHT OF WA.a~ PLA 1 BOOK - PAGE 20 \ \ \ \ \ Plotted' 2/9/09 11:010 s:- 4: 3: u.. o /, ~ EXTERIOR BOUNDARY LINE \ OF TRACTS B-10 AND TRACT u ~POINT OF BEGINNING PARCEL B GRAPHIC o 40 So ~ ~ _ Y~T~~"~ - ~QQ~ -- A=100,5'44"1 \ R=12000' L=21,49' TRACT 8-10 AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 POINT OF BEGINNING S,W. CORNER OF TRACT B-10 ? f",.?SJ 't. \.. '0 A=6018'50" R=4510.66' L=497,OT T R A c FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 7300' RIGHT or WA'f PLA i soaK 99 PAGE 20 EXTERIOR BOUNDARY LINE OF 'TRACT U SOUTH LINE OF TRACT u L5 \ --~Fw'm~~~N~~ TRACT HH ( SKETCH OF DESCRIPTION FORTIN, LEAVY, S KlLES, INC" CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORIZATION J".-T'tJMBER: 00003653 180 Northeast: 168th. Street: / N'onh Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com EXHIBIT B SCALE 160 I ( IN FEET ) 1 inch = 80 It A=0059'39" R=4286,18' L=74,37' RB=N86031 '53"E LINE LINE TABLE LENGTH 147.73 52.68 112,01 66,99 211.44 43.73 24.05 71.7 3 3S,71 61.79 66.67 97,B BEARING 502'40'32"E 569'21 '03"W Nl2'14'25'E S02'40'32"E N81 '00' 38"E N28'44'49" N03'20'32" N21'07'43"E S87'27'34"W N45'59'34" NOQ'35' 40"E 587'19'28"W L1 L2 L3 L4 LS, l6 l7 L8 L9 l1D L11 112 T u A=3048'14" R=4299,22' L=285.43' RB=N81000'38"E NORTH LINE OF TRACT HH PLAT BOOK 99 PAGE 20 /~ I Date 2/9/09 Scale 1"=80' Job. No, 090116 Dwg, No, 1009-004-1 Sh eet 6 of 6 - .~ Exhibit 7 01 & 02-REZ-08 This instrument was prepared by: Name: Michael 1. Marrero, Esq, Address: Bercow, Radell & Fernandez, P.A, 200 S, Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) DE CLARA TION OF RESTRICTIONS WHEREAS, the undersigned Owner holds the fee simple title to approximately 2.69 acres of land in the City of Aventura, Florida, described in Exhibit "A," attached to this Declaration (the "Property"), which statement as to title is supported by the attorney's opinion attached to this Declaration as Exhibit "B" ; and WHEREAS, the Property is the subject of a City of A ventura (the "City") zoning hearing application for a district boundary change to B-2 and an amendment to the Future Land Use Map to Business and Office (the "Application"); and WHEREAS, the City ordinance approving the proposed district boundary change (the "Ordinance") shall become final upon the expiration of all periods for judicial challenges of the district boundary change, with no appeal or other challenge being filed; or if an appeal or other challenge is filed, upon resolution of such appeal or other challenge in a manner that upholds the district boundary change (the "Ordinance Effective Date"); and WHEREAS, in the event that any appeal or other challenge is filed regarding the district boundary change of the Property, and the disposition of such appeal or other challenge results in the denial of the Application in its entirety, then this Declaration shall become null and void and of no further effect. NOW THEREFORE, in order to assure the City that the representations made by the Owner during the consideration of the Application will be abided by the Owner, its successors and assigns, freely, voluntarily, and without duress, the Owner hereby imposes the following restrictions contained herein to run with the Property: C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest- Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) ,~ ,;~ - Declaration of Restrictions Page 2 (Space reserved for Clerk) 1. Incorporation by Reference. All Whereas clauses above are true and correct and hereby adopted and incorporated by reference herein, 2. Improvements To Property. Owner agrees to perform certain actions within 180 days of the Ordinance Effective Date, including but not limited to the relocation of existing items and new construction as pictorially described in Exhibit "COO attached hereto and made a part hereof, and as further identified and described below, to wit: a, The trash enclosure and compactor operations located on the southern portion of the Property shall be relocated to the northern portion of the Property. Nothing shall prohibit the Owner from removing the trash enclosure and compactor operations from the Property. b, All backhoes and stump grinders stored along the southern portion of the Property shall be relocated to the northern portion of the Property, Nothing shall prohibit the Owner from removing the backhoe and stump grinders from the Property, c, All stored materials, including, all clay pots, mulching material, and black geofabric shall be removed from the southern portion of the Property and relocated to the parking area on the northern portion of the Property. Nothing shall prohibit the Owner from removing such stored materials from the Property, d, The existing mower storage and repair building, office building, laundry building and engineering building shall be cleaned and repainted. e, A 6 foot high green metal picket fence with three (3) driveway entrances shall be erected along the western Property boundary line on West Country Club Drive, The design of the fence shall be comparable to that existing at the City of Aventura Founder's Park at the time this Declaration is executed, f. Landscaping shall be planted along the western Property boundary line on West Country Club Drive, The species and maturity of the C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest _ Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) Declaration of Restrictions Page 3 (Space reserved for Clerk) landscaping shall be based on a list of suggested plant speCIes to be proposed by the City landscape architect and approved by the Owner, which approval shall not be umeasonably withheld. g, A 6 foot high green metal picket fence shall be erected along the south boundary line of the Property, The design of the fence shall be comparable to that existing at the City of Aventura Founder's Park at the time this Declaration is executed, -- h, The Australian Pines on the western boundary of the Property shall be trimmed to the specifications of the City's landscape architect. Upon completion of all of the foregoing items to the reasonable satisfaction of the City, the City Manager of the City of A ventura or his/her designee, shall execute a partial release of this Declaration of Restrictions, releasing in their entirety the requirements set forth in this Paragraph 1, The execution of such partial release shall not be unreasonably withheld, and shall be recorded in the Public Records of Miami-Dade County at the owner's expense, Anything herein contained to the contrary notwithstanding, the execution and the recording of such partial release shall not operate to permit: -1 (x) the relocation of the trash enclosure and compactor operations back to their original location on the southern portion ofthe Property; or 1 (y) the relocation of all backhoes and stump grinders back to their original location on the southern portion of the Property; or 1 (z) the relocation of all stored materials, including all clay pots, mulching material, and black giofabric back to their original location on the southern portion of the Property, 3. Additional Restrictions. The Owner agrees to the following: a, Owner shall locate any future structures on the Property at least 20 feet from the Property's south boundary, or the applicable setback under B2 zoning regulations in existence at the time this Declaration is recorded, ...--,,, C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest- Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) Declaration of Restrictions Page 4 (Space reserved for Clerk) whichever is less, Owner further agrees not to seek any variance to said B2 zoning regulations as to the southern setback; b, Owner agrees to maintain the Property (including any and all improvements therein and thereon) in a clean and well kept condition; and c, Owner may remove the temporary improvements to the Property described in Paragraph 2, subparagraphs d, e, and g, upon issuance of a duly approved Building Permit for permanent improvements to the Property (which permanent improvements shall include, without limitation, replacement of the fences described in Paragraph 2, subparagraphs e, and g.). 4. City Inspection. As part of this Declaration, it is hereby understood and agreed that the Owner grants the City the right to enter and inspect the Property during working hours to determine whether or not the requirements of the City regulations and these restrictions are being complied with, 5. Covenant Running with the Land. This Declaration shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the Public Records of Miami-Dade County, Florida and shall remain in full force and effect for the term set forth in Paragraph 6, hereof and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified, amended or released in the manner set forth in Paragraph 7, hereof. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the Property and for the benefit of the City and the public welfare, The Owner, and their heirs, successors and assigns, acknowledge that acceptance of this Declaration does not in any way obligate or provide a limitation on the City, 6. Term. Subject to the "partial release" provisions set forth in Paragraph 2, above, this Declaration shall be binding for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest - Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) - -, Declaration of Restrictions Page 5 (Space reserved for Clerk) periods of ten (10) years each, unless modified, amended or released in the manner set forth in Paragraph 7, hereof. 7, Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the Property, or any portion thereof, by a written instrument executed by the then owner(s) of the Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City Manager of the City of A ventura or his/her designee, Any such instrument of modification, amendment or release duly executed by all of the said parties shall be recorded, at Owner's expense, among the Public Records of Miami-Dade County, Florida, This Declaration of Restrictions may also be released, in whole or in part, by a written instrument executed solely by the City Manager of the City of A ventura or his/her designee, and such instrument recorded, at Owner's expense, among the Public Records of Miami-Dade County, Florida, 8. Enforcement. Enforcement of these Restrictions shall be by action against any parties or person violating, or attempting to violate, any restriction, The prevailing party in any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney, This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 9. Authorization for the City of A ventura to Withhold Permits and Inspections. In the event the terms of this Declaration are violated, in addition to any other remedies available, the City is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with, 10. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 11, Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest _ Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) Declaration of Restrictions Page 6 ~ (Space reserved for Clerk) approval of occupancy given by the City, then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration, 12. Severability, Invalidation of anyone of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion , 13. Force Majeure. The time for performance by Owner of its obligations hereunder shall be deemed extended by the time lost due to delays resulting from Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), insurrection, military or usurped power or confiscation, terrorist activities, government sanction, or other act beyond Owner's ~- control. 14. Effective Date. The Effective Date hereof shall be the date when the last one of the Owner and the City shall have executed this Declaration, 15. Acceptance of Declaration. The Owner acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle the Owner to a favorable recommendation or approval of any current or future application, zoning or otherwise, and the City Commission retains its full power and authority to deny each such application in whole or in part and decline to accept any conveyance. 16. Owner. The term Owner shall include all its assigns and successors in interest. [Execution Pages to Follow] C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest- Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) - ,~"-" ~.,........" Declaration of Restrictions Page 7 (Space reserved for Clerk) C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest- Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) EXHIBIT "A" LEGAL DESCRIPTION (Attached hereto - Pages 1 through 4) ;<'~'_. EXHIBIT A LEGAL DESCRIPTION: A portion of Tract U, FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os recorded In Plot Book 99 at Page 20 of the Public Records of Miami-Dade County, Florida, and being more particularly described os follows' Commence at the Southwest corner of Tract B-10, ."'VENTURA TENTH ADDITION, according to the plot thereof, os recorded in Plot Book 136 at Page 92 of the PubliC Records of Miami-Dade County, Florida; thence N 02'40'32" W along the Westerly line of said Tract B-10, also being the Easterly right of way line of West Country Club Drive for 223.65 feet; thence N 87'1 9'28" E for 20045 feet to the Point of Beginning; thence S 02'40'32" E for 147.73 feet; thence S 69'2"03" W for 52.68 feet to 0 point on 0 circular curve concave to the Northwest and whose radiUS point bears N64'51'11"W, the following three (3) courses being along the exterior boundary of said Troct B-10; 1) thence Northeasterly along 0 17000 foot radius curve leading to the left through 0 central angle of 12'54'24" for on arc distance of 38.29 feet to 0 point of tangency; 2) thence N 12' 14'25" E for 11201 feet to 0 point of curvature, 3) thence Northeasterly along 0 120.00 foot radius curve leading to the right through 0 central angle of 10"5'44" for on arc distance of 21.49 feet to the Point of Beginning AND ,,""- Commence at said Southwest corner of Tract B-10; thence S 02'40'32" E along the Westerly line of Tract C-10 of said AVENTURA TENTH ADDITION, and said Easterly right of way line of West Country Club Drive for 30.99 feet to the Point of Beginning, also being the Northwest corner of sa.d Tract U, the following three (3) courses being olong the exterior boundary of said Tract U. 1) thence S 02'40'32" E for 36.00 feet to 0 point of curvature; 2) thence Southeasterly along 0 4510.66 foot radius curve leading to the left through 0 central angle of 6'18'50" for on arc distance of 497.07 feet to the Northwest corner of Tract HH of said FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB; 3) thence N 81'00'39" E along the North line of SOld Tract HH for 21144 feet to 0 point on 0 Circular curve concave to the Northeast and whose radius point bears N81'00'38"E; thence Northwesterly along 0 4299.22 foot radius curve leading to the right through 0 central angle of 3"48'14" for on arc distance of 28543 feet to 0 non-tangent point; thence N 28'44'49" W for 43.73 feet; thence N 03'20'32" W for 24.05 feet; thence N 21'07'43" E for 71.73 feet to 0 point on 0 circular curVe concave to the Northeast and whose radiUS point bears N86' 3 ,'53"E; thence Northwesterly alon9 0 4286 18 foot radius curve leading to the right through 0 central angle of 0'59'39" for on arc distance of 74.37 feet to a non-tangent point; thence S 87'27'34" W for 35.71 feet, thence N 45'59'34" W for 61.79 feet, thence N 00"35'40" E for 66.67 feet to 0 pOint on 0 circular curve concave to the Northwest and whose radius point bears N64'51 '11"W, also being 0 point on the exterior boundary of said Tract U; thence Southwesterly along said exterior boundary of Tract U, also being along a 170,00 foot radius curve leading to the right through 0 central an9[e of 62'10'39" for on arc distance of 184.48 feet to the POint of Beginning ~~ Drawn By Cad. No MAP 081267-1 I LEGAL DESCRIPTION I Date 10/21/08 Scale NOT TO SCALE Job No. 081267 Dwg No. 1008-109-28R Sheet 1 of 4 Ref Dwg 2007-034 FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORJDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Screet / Nort:h lvIiami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 J En'lail fls@flssuryey.com Plotted; 10/22/08 9;340 EXHIBIT A SURVEYOR'S NOTES: _ This site lies in SectIOn 3, Township 52 South, Range 42 Eost, City of Aventuro, Miomi-Dode County, Florida _ Beorlngs hereon ore referred to on assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive _ Lands shown hereon were not abstracted for easements ond/or rights-of-way of records Easements per said Plot Book 99 at Page 20 not shown os requested. _ This is not 0 "Boundary Survey" but only 0 graphic depiction of the description shown hereon. _ Lands shown hereon containing 117,171 square feet, or 2.69 acres, more or less. _ Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2007-034. SURVEYOR'S CERTIFICATION: ] hereby certify that this "Sketch of Description" was made under my responsible charge an Oelaber 21, 2008, and meets the Minimum Technical Standards os set forth by the Florida Boord of Professional Surveyors and Mappers in Chapter 61 G 17- 6, Florida Administrative Code, pursuant to Seelion 472.027, Florida Statutes. .,....-. "~ Drawn By MAP ( SURVEYOR NOTES AND CERTlFICA nON FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeasl: 168th. Street / North Mia.xni Beach, Florida. 33162 Phone; 30.5-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.com I Date 10/21/08 Scale NOT TO SCALE Job. No 0081267 Dwg. NO.1008-109-2BR Sheet 2 of 4 Cad. No. 081267-1 Ref. Dwg. 2007-034 Plotted: 10/22/08 9:340 EXHIBIT A I \ \ .~,. \ \ \ \ l \ \ \ \ \ \ \ \ \ \ \UJ \s \ w > - (( o co ::> ..J o m -'~ Drawn By Cad, No, Ref. Dwg, MAP 081267-1 2007-034 Flotted: 10/22/08 9:340 I POINTOF~ BEGINNIN~ ,,<;' ~ t - Y2T~'~"~ - -.1QQ:~ - - A=10c15'44" \ R=12000' I L=21.49' ;; ~ EXTERIOR BOUNDARY LINE OF TRACTS B-l0 AND TRACT U ::; GRAPHIC SCALE 40 80 I ( IN FEET ) 1 inch = BO ft. 160 I 73,00' RIGHT OF WAY "R.ACT 1E5>-10 PLA T SOOK 99 U U g V:,dJ PAGE 20 "4'0 \ AVENTURA TENTH ADDITION on PLAT BOOK 136 PAGE 92 n N ,l~~ POINT OF r COMMENCEMENT J ~\ I s W CORNER OF TRACl 8-10 03 ~\ I TRACT C-10 ~ u ~ II PLAT BOOK 136 PAGE 92 ~i >2\ I_ I:;; 1 ~~ . ow... .w !~ N, lIlZ b ~ ~ ~~ ~ 0 -l ~?( N n ): F~~, or::( 5~ 3: ~G Ll- ~~ o fi!.ti >- I- f;!i=' :J: '" '" ,..,. C) \ ~ ~ U- O:II~ I- S:2\I< Z as ::> 5: o \ o IA=12054'24" R=170,OO' I L=38 .29' RB=N640S1'11"W FIFTH ADDITION BISCA YNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 I- (f) 70,00' RIGHT OF WAY PLAT SOOK 99 PAGE 20 7;'.00' R\Gl-\1 OF W/>.."< PLAT BOOK 99 PAGE 20 \ \ \ \ \ SOUTH LINE Of TRACT U ( SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Su-ee-r / North Miami Beach. Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 / Email fls@flssurvey.com A=OOS9'39" R=4286,18' L=74,37' I RB=N86031 'S3"E LINE TABLE liNE LENGTH BEARING II 147,73 SOZ'40'32"E LZ 5Z,68 S69'21'OJ"W L3 112.01 N12'14'25"E L4 35,00 SOZ'40'32"E L5 211.4 N81'00'39"E L6 43,73 NZ8'44' 49"W L7 24,05 N03'ZO'3Z"W LB 71,73 N21'07'43"E L9 35.71 S87'27'34"W Ll0 61.79 N4S'S9' 34"W Ll1 66.67 NOO'35' 40"E A=3048'14" R=4299,22' L=28S.43' RB=N81000'38"E NORTH liNE OF TRACT HH PLAT 800K 99 PAGE ZO,V~ I Date 10/21/08 Scale 1"=80' Job, No, 081267 Dwg, No,1008-109-2BR Sheet of 4 3 ,~ ,'~, ,,,,,,- Drawn By Cad. No. Ref. Dwg. Plotted. EXHIBIT A \J i'-,?-D oO'J\..IC- 01\J'?-i'- i'-'\JIC- I w > el:: o ro =:J ---! o T- el:: f- Z =:J o o TURNBERRY ISLE RESORT & COUNTRY CLUB A VENTURA MALL f- IJl W 3 S l'-q l'(' !?O-qQ 11;0 &S6 \'Ie Q MAP ( LOCA nON SKETCH FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653 180 Northeast: 168m. Street I North Miami Beach, Florida. 33162- Phone: 305-653-4493 " Fax 305-651-7152 I E:rnail fls@flssurvey.com 081267-1 2007-034 10/22/08 9,340 TURNBERRYISLERESORT & COUNTRY CLUB GOLF COURSE EXHIBIT A I ~ I Date 10/21/08 Scale NOT TO SCALE Job. No 081267 Dwg. NO.1008-109-2BR Sheet 4 of 4 EXHIBIT "B" ~ TITLE OPINION REGARDING PROPERTY (Attached hereto) EXHIBIT "C" LEGAL DESCRIPTION OF SITE (Attached in two pages, First page is the full site area. Second Page is the blow-up of the 'nursery area" where the improvements will be made) ..,,-.. ^VEO\JT'JR.I\ ~O\JLSV^RC" , I I I I I , I I I , I. I I f--"-- G'\~, ,,' r \ II 1\ I~r .~ C^?/J ~,~ :,...'"//l./Q )0 '-"'i0 0~ "~. ~ > o J" --' ,I, :3 > " -; c ~;EI :~p o li~ij~11 I ,- -~ > :0 c '" ~ ~ TURNBERRY ISLES RESORT & COUNTRY CL UB EXHIBIT C - PROPERTY IMPROVEMENTS AVENTURA, FLORIDA T><OMAS CH'CCA. P.E. E ENVIRONMENTAL CONSULTANT "!oII~7'3rd.......{Pwtolwod,FlQftiIo33076 l'taw:OIk$lfu("I~I~7&I - ~~~ ,.~ I 1/ --1 i ~ I ~~~~ \ r:;;rlFj \~~ ~~ -um >~ ~~ mz. ~~ ~-~:' 00 -- - ~~ w ZU1 - '\\/~ ~ .:; ---~,.. ----\ l ~ _. ~ ___-~L. 1 0:;:J ,.- . 2 1:0 iIl;:g " ; 2: ~ ~ :0 m' g1;~ ~Z$!;:;::5\ .2g -1't~t9~~ \ i !~< ~~ gj 15 \ & ~\'~ ~.~ ~ (fl.:z m (')-1 \__J ~'~M-~ ~ ffi l--:e-t ~~ :i 0 ~ ..\:IJ I, _ _____- _Z- ro-8 :;g ".OJ 'U'" 1 m ~ ---~9 1.- -. - J \ m~ y~_ \ I ~"""~'lr .":---.;::,;::7~ o \ J- /2~fIV,1f1PA. r\l.n:,e'l:1-}o.l.Ill~Ot-l l! ~-J.M~--:..,. \:"'d"'_'~ol \ ~~~I":~ ~::!J:D ~.z.,-"-(__ ~~g~~~8N'df\l -n ~ (J) is ~ :i'1- '~-5 Z ~33~3\"U. ~ ~;j 55 m ~~ o~~ ~~~~,~ mG~~~~ mQo_~ ~~~5~~ ~5rnz~ ~ -I:=! ...L ~JJme\ v o~ M~ z ~^ E , ~..., i r J.-.., 3 1--'1 _! L-- ~ ~~ 3l= ? 2S{ (\' '\' / \ ----- \ \~! I ,,) :;J\ :< 1m, I I ~ ~ r= I II :l91: ~ ".........., ~ L i~B ~~~ . ~ TURNBERRY ISLES RESORT & COUNTRY CLUB EXHIBIT C - PROPERTY IMPROVEMENTS AVENTURA. FLORIDA I~ !r:~~-~:! t ;~ gi :.....:.:.~:~'; i\ "'\ I. THOMAS CHECCA, P.E. ENVIRONMENT Al CONSULTANT '1_~73PO""""/I'WIIIIInd.AorioaD07e Ploclr-.:~jFu{t64)~/30U-47e.1 11 >~ z. gffi g~ z~ ~m ...;-~- \ \- --~ !i\':. ~'. . :JGJ~~ 5~S~~ ~~~~~~ '7 -I ~::J) _ ...., :::d~os:zo ~.--{z~pffi ):>'O:::jrnco ~ 5.55 ~ ~ 5 ~'q:i:l:rgz :r>:CFR~Q:Q ~ ~ ~,;'~ ~ ~ 0 s:_ -0.-; "ja / ! f / , - ~JI :l~ () ~ !fimJij ~I'~l" APPLICANT REPRESENTATIVE AFFIDAVIT .- Pursuant to Section 31-71 (b )(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying applicaUon, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (ie. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Hc.) Ai'1o,,-ne.t/ I A!/rJ""1 ~6IAJ6G-1L 0u R.. cJE:f( 0 Ie., 1J1, C 1-1"" e L. ;tI1f R.1U51UJ Je~~ tkR.et>W -;;0 #'-JI ~ 0 Hl6U #I VAAJ.e.I- he.r,A:) (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND .THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFF1ANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MYHAND THIS J DAYOF....;r:,"'~ , 20o!. ,c ,/ AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER By: By: (Signature) !j!ture) Name: t!!: J-/:rinl) r-:J Title: AAa....t.J4 t"1JIItQ;TJJet!.. Address:!!1!:lJ ~ a,,~ ~4 ~ I~ IP& ~eA, S~180 Name: (Print) Title: Address: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared .kI!BY S~.-~~'~e Applicant and/or the owner of the property subject to the application, who being first by duly sworn executed this Affidavilfor the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME this i day ofJ'.,AJE. ""..-... ,,'~~,"J!J', Ana B. Zeigler ;,,:;:>"K"'~(~~, ' ' .' oM 00':'<:;:><"'-' , ", ':' IX", ~"~ r'_,"mm!S,S10n t;. ",;>~10,) , ,:" m .'-"''''' '), '')f'~O ";;;~;"!fr..'? Expires June ?"..J; .~;'.}.~_"" ""',;~.rl~n~"'~ f:!;l;'!'lI1'1!d Troy ram .lrH.\ol(",\H100, lnc R,~\.-,)n" 7 ~ 1 ~ ,......., ~~, ---, BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura land Development Code, The undersigned Affiant hereby discloses that (mark w~h 'x' ;Wlicable portions only) [1(1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented, I ] 2, Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be pl'esented, as follows: (list name of Commissioner or Advisory Board Member) who serves on the (Us I City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as follows: ( ] j, Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [J ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or jOint venturer with the Applicant or Representative in any business venture; [ I iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv_ A City Commissioner or Board member is a Client of the Applicant or Representative; [] v, The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [J vi. The member of the City Commission or Board is a Customer of the Appficafll or Represefltative and transacts .Anore than $25,000.00 of the business of the Applicant or Representative jfl a given calendar year. -i- DAY OF ....:.;:..~ .2008 APPLICANT: --- ',200B By: Name' Title: (Signature) (Print) (PrinQ . The terms "Business Relationship: 'Client: 'Customer." "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code, ","".- F0 :s u 1\..1.... WITNESS MY HAND THIS ~ DAY OF , 200.L REPRESENTATIVE: (listed on Business Relationship Affidavit) I (Signature By: (Signature) By: Name J~ey ~n' &\PJ (Pnnt} Name: (Print) "", M+ ~ (Print) Tille (Print) B;-;r ~~~:=::(~ature) By: (Signature Name: M. \ c.:...-lA."'t \ M. (I. '( 'i1'~n?) Name: (Print) Tille f\+\-1 (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Pnni) Name: (Print) Tille: (Print) Title: (Print} By: (Signature) By: (Signature Tille: (Print) Title: (Plint) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Tille: (Prinf) Tille (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print} Title: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants arc advised to timely supplement this Affidavit pursuant to Sec. 3J-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete, -w WITNESS MY HAND THIS ~DAY OF .j Wv'r;;;-v" ,200& REPR~~A1IVE: (Listed on Business Relationsnip Affidavit) ~I~ By: (Signature BYft . ~ . >k~~ ^ (Signature) Name:m~i€L C. Fb.~r,l--J (Print) Name: (Print) (Print) Title: (Print) By (Signature Name: '~t'6 aea..~ (Print) Name: (Print) Title: ()~ ,...J (:;-,p-..> (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Prin/) Title: (Print) Title: (Print) By (Signature) By: (Signature Tille: (Print) Title: (Print) ,~, Tille: (Print) Title: (Print) By: (Signa/ure) By: (Signature Title: (Print) Title: (Prin/) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Tille: (Pn'nt) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets jf disclosure information for Representative varies 2) Applicants and Aftiaots are advised to timely supplement this Affidavit pursuant to Sec. 3 1.71 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the infonnation provided in the Affidavit becomes incorrect or incomplete, ."',..-. ""~. NOTARIZATION PROVISION ST A TE OF FLORIDA ) COUNTY OF MIAMI-DADE) S,^\ ~~-- . _u--oslj8: ' ,(: '~t' 7 "$~W G ! VlQ . . c. !?JL~l'\JB'i\jII:~~lJ\1\,,! J"'i~<': y :: ('iff., J f~!g(~~;~~~!')n ;X,~;~,,)::; , C~\",I::J' STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) B~fore me, tl1e undersigned auihority, personally appeared~'- \cl1~ I executed this Affidavit for tl1e purposes slaled lI1erein and lI1at it is !rue and cOlTecl eing first by me duly swam did swear or aJfmn thai he/she .-- SWOBI:tlmAtJnSlJRSCBl8@;~eIOl~e'tt'is~~EfY~ V Mj?/ \1 t.--~ t~nV.2Jry \-'ubt~r: S~~,~~ l~~ \."t,:,;.!",/.~, \; I __7~~:~~~;i"""i AFFIANT ;:.7 ,20QP ." .".~ ST A TE OF FLORIDA ) COUNTY OF MIAMI-DADE) Belore me. the undersigned authority p~rsonally appeared executed this Alfidavit for the purposes slaled therein and thai i1 is true and cOlTect the Alfiant. who being first by me duly swom did swear Dr affirm thai he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Nolary Public Stale of Florida At Large Prinled Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared executed this Alfidavil for the purposes slated iherein and that iI is !rue and colTecl the Affiani. who being firsl by me duly sworn, did swear Dr affirm ll1al he/she AFFIANT SWORN TO AND SUBSCRIBED before me \his _ day of ,200_ Notary Public Stale of Florida AI Large Ponied Name of Notary My commission expiJes: ,~ -, NOTARIZATION PROVISION ST A TE OF FLORIDA ) COUNTY OF MlAMI.DADE) Belore me, the undersigned aulhonty personally appeared ~t- C. fttt.TI~ executed this Alflda~itlor Ule purposes slaled ll1erein and ll1al il is true and correct SWOR i'''''~Y P/J~<:;-. . . ~ c: ... .. "'1': . ~ ~OF f\.o4;- Notary PubliC State of Florida Susan P Kay My Commission 00767544 Expires 04106/2012 .1....V, STATE OFFLORIDA ) COUNTY OF MlAMI.DADE) .-1f Before me, the undersigned authority. personally appeared /; '14-- execuled this Affidavit for the purposes slated therein and that it is true and correcl e Yd ~YPIJ.. .j~l~ . . ~; 'I ~OH\.o Notary Public Stale of Florida Susan P Kay My Commission 00767544 Expires 04/0612012 ( .200l L{ '- . / LhJt-J - i';~( Nolpry PuJllic ~ or2frlda At Lalge ,- ~ U~/ . . l.c-A- V Printed Name 01 Notary y ,/ My co (Ilission expires:- 17 ,- .dt' I J- ~ AFFIA .1001' ~,d"',u' jJ tiA-1 ~3~~7te~'O~~ye J Prinled Name of Notary , My commission expires: SI.... /, -:d~/ d- ST ATE OF FLORIDA ) COUNTY OF MIAMI-DADE) tlefore me, lJ1e und€lsigJ1€d aulhority personally appeared execuled this Affidavit forlhe purposes slilled lherein and that it is Il\Je and correct the Affiant. who being first by me duly swom, did swear or affllTTlll1al he/she SWORN TO AND SUBSCRIBED before me \his _ day 01 AFFIANT ,200_ Notary Public Slate 01 Rorida Al Large Prioled Name of NolaI)' MJ col1lfl1lsslon expires: STATE OFFLORIDA I COUNTY OF MlAMI.DADE) Before me, the undersigned authority. personally appeilred execuled lI1is Affidavit for the purposes slated \l1erein and that it is lrue and correct the Affiant who being firsl by me duly SVlom, did swear or affinn lhat he/she SWORN TO AND SUBSCRIBED before me lids _ day of -- AFFIANT ,200_ Notary Public Slale of FloridaAt Large Printed Name 01 Notal)' My convnlssion expires: .,....~ NOTARIZATION PROVISION Betty Llerena My CO!l1lT1issior. D0524988 ; Expires 03105/201(1 I -----_._-_...._--.,.,...,........".,~~ STATE OFFLORIDA ) COUNTY OF MlAMI.DADE) Before me, the undersigned authority. personally appeall!dt{ I,h~ ( exewtoo lhis Affidavi\ for \he purposes slaled therein and lhat" is true and torree!. s __~ J~ Notary Public St.1l1e oTFlorid8 Betty Llerena , My CommisSion 00524988 ' EXpires 03/OS12010 .1 ,-=~~..:-""" !~, ~01~J ,- STATE OFFLORIDA ) COUNTY OF MIAMI.DADE) Belore me. \he undersigned authority, personall, appeall! executed this A1fidavil tor the purposes slated theJein and thatH is true and correct SWORN TO AND SUBSCRIBED belolc me this 4- day of ,];t-.:f ) . t~';~~". Ab1a B r. Z~~gFef ,-;/<!J"':;};:-. ""'mmiN3l0n if .~: ~ ~ ~~. ~~:.;J~,/ :~.,.;o. .'.r:r;r -.,"1.' tJ1o, ,,~.:& r:::....'~\re~ .;Hn0 .! ~l ";_::;~.ff;f'~?~~~ f;I.::id!:~~rny F;r, _ln~(lmncc. lr,~ (_ J , eing first by me duly sworn_ did swear or alHrm thai helshe .. or amrm thai he/she t00-r~ze ~ STATE OFFLORIDA ) COUNTY OF MIAMI-DADE) Belore me. the undelsigned authority. personallv appeared executed \his Affidavil for lhe purposes slaled lhefein and IJIat il is lnJe and CQlTect the AffianL who beinQ firsl bV me duly swum, did swear or afnrm that heJshe SWORN TO AND SUBSCRIBED belore me lh;s _ day 01 ,- AFFIANT .200_ Notary Public Stale of FlofidaAl LaJge Printed Name of Nola!)' My corrunission expires: ORDINANCE NO. 2009- ,- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM B2, COMMUNITY BUSINESS DISTRICT TO ROS, RECREATION OPEN SPACE AND BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", FROM ROS, RECREATION OPEN SPACE TO B2, COMMUNITY BUSINESS DISTRICT; APPROVING THE THIRD AMENDMENT TO RESTRICTIONS RELATING TO THE GOLF COURSE AND COUNTRY CLUB PARCELS; ACCEPTING THE DECLARATION OF RESTRICTIONS CONTAINING THE APPLICANT'S PROFFER OF SITE IMPROVEMENTS AND OTHER RESTRICTIONS ON THE PARCEL DESCRIBED IN EXHIBIT "B"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, TB Isle Resort, LP, through Applications No. 01-REZ-08 and 02-REZ-08, has made application to amend the Official Zoning Map of the City for two parcels of land located on West Country Club Drive totaling 2.69 acres, legally described in Exhibit "A" to this Ordinance, from B2, Community Business District to ROS, Recreation Open Space and to amend the Official Zoning Map of the City for two parcels of land located on West Country Club Drive totaling 2.69 acres, legally described in Exhibit "B" to this Ordinance, from ROS, Recreation Open Space to B2, _ Ordinance No. 2009- Page 2 Community Business District, to facilitate redevelopment of the Turnberry Isle resort; and WHEREAS, the City Commission concurrently with this rezoning application has considered small scale Comprehensive Plan amendments to change the future land use designation of the parcels from Business and Office to Parks and Recreation and from Parks and Recreation to Business and Office respectively (02-CPA-08 and 03- CPA-08); and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local planning agency has determined that the rezonings are consistent with the applicable provisions of the City Comprehensive Plan as proposed to be amended; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has determined that the proposed rezonings are consistent with the intent of the original development plan for the properties and that all public conditions and restrictions have been satisfied; and WHEREAS, the City Commission has reviewed the applications for rezoning and has considered the testimony of all interested parties at the public hearings, and has determined that the actions set forth in this Ordinance are consistent with the Comprehensive Plan, as proposed to be amended; and the health, safety and welfare of the City. Ordinance No. 2009- - Page 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. That the foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Official Zonin~ Map Amended. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for two parcels of land located on West Country Club Drive totaling 2.69 acres with legal description described in Exhibit "A" to this Ordinance from B2, Community Business District to ROS, Recreation Open Space. Section 3. Official Zonin~ Map Amended. That the Official Zoning Map of the ,~ City of Aventura is hereby amended by amending the zoning designation for two parcels of land located on West Country Club Drive totaling 2.69 acres with legal description described in Exhibit "B" to this Ordinance from ROS, Recreation Open Space to B2, Community Business District. Section 4. Restrictions for Biscavne Villa~e Amended. That the "Third Amendment to Restrictions", attached as Exhibit "C" to this Ordinance and relating to the golf course and country club Restrictions dated February 12, 1969 recorded in the Public Records for Miami-Dade County in Official Records Book 6889, Page 4, with revision on July 17, 1972 recorded in the Public Records for Miami-Dade County in Official Records Book 8198, Page 259; further revision on December 20,1988 recorded in the Public Records for Miami-Dade County in Official Records Book 14012, Page ............ Ordinance No. 2009- .-. Page 4 616, is hereby approved to reflect the amended legal description of the parcels resulting from the rezonings approved by this Ordinance and to restate the public conditions and restrictions. Section 5. Acceptance of Declaration of Restrictions for Site Improvements Proffer bv Applicant. That the site improvements proffered by the applicant on the southerly parcels legally described in Exhibit "8" and contained in the Declaration of Restrictions attached as Exhibit "0" to this Ordinance are hereby accepted. Section 6. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for ~ any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 7. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 8. Effective Date. That this Ordinance shall be effective immediately upon the effective date of the small scale amendments to the Comprehensive Plan (02- CPA-08 and 03-CPA-08) . /",1lNo<- Ordinance No. 2009- Page 5 The foregoing Ordinance was offered by Commissioner Auerbach, who moved its adoption on first reading. This motion was seconded by Commissioner Diamond, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb PASSED on first reading this 5th day of May, 2009. c',--. Ordinance No. 2009- Page 6 PASSED AND ADOPTED on second reading this 2nd day of June, 2009. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: y----,;{h-n CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this _ day of June, 2009. CITY CLERK ""..-.,. EXHIBIT -A LEGAL DESCRIPTION: A portion of Tracts A-10 and B-10, AVENTURA TENTH ADDITION, according to the plot thereof, os recorded in Plot Book 136 at Page 92 of the Public Records of Mioml-Dode County, Flonda, and being more particularly described os follows: Begin at the most Westerly Northwest corner of said Tract A-10, the following three (3) courses being along the extenor boundary of said Tract A-10; 1) thence N 89'19'28" E for 74,76 feet, 2) thence N 20'40'37" E for 91,48 feet to 0 point of curvolure, 3) thence Northeasterly and Southeasterly along 0 120,00 foot radius curve leading to the right through 0 central angle of 138'25'38" for on arc distance of 289 92 feet to 0 non-tangent po,nt, the following four (4) courses being along the extenor boundary of said Tract B-10; 1) thence N 69.06'15" E for 18,00 feet, 2) thence S 47'08"6" E for 193,28 feet; 3) thence S 69'22'04" E for 6000 feet to 0 point of curvature;' 4) thence Southeasterly along 0 400,00 foot radius curve leading to the right through 0 central ongle of 17'56'41" for on arc distonce of 125,28 feet to 0 non-tangent point; thence S 57'28'02" W foe 83,50 feet; thence N 41.14'20" W for 87,05 feet, thence N 50'29'30" E for 030 feet to 0 point on 0 circular curve concave to the Southwest and whose radius pOint bears 586.59'06"W; thence Northwesterly along 0 43.43 foot rad,us curve leading to the left through 0 central angle of 76'34'58" for on ore d,stonce of 58,05 feet to 0 non-tangent point; thence 5 48.04'50" W for 0,37 feet; thence N 41.22'59" W for 27.49 feet, thence 5 48.35'33" W for 1009 feet; thence N 41.27'47" W for 28,74 feet; thence S 48'38'02" W for 23,57 feet; thence N 41.11'14" W for 31,03 feet; thence N 87'02'24" W for 1393 feet; thence 5 48.32'04" W for 79,44 feet; thence 5 06.10'31" W for 6,23 feet; thence S 72.05'05" W for 26.41 feet to 0 pOint on 0 Circular curve concave to the Northwest and whose radius point bears 577"22'35"W; thence 50utheosterly, Southwesterly and Northwesterly olong o 77,86 foot radius curve leading to the nght through 0 central angle of 178.55'58" for on arc distance of 243,15 feet to 0 non-tangent point; thence S 87"31'08" W for 28,18 feet; thence N 40"50>17" W for 36,67 feet; thence S 87'22'02" W for 2730 feet, thence S 42'22'03" W for 1697 feet; thence S 02.37'55" E for 47,13 feet; thence 5 87"30'53" W for 61,56 feet to 0 point on the Westerly line of soid Troct A-10, also being the Eosterly right of way line of West Country Club Drive; thence N 02'40'32" W along said Westerly line of Tract A-10 and Easterly right of way line of West Country Club Drive for 15558 feet to the Point of Beginning, AND ,- Commence at said most Westerly Northwest corner of Tract A-10; thence S 02.40'32" E along said Westerly line of Tracts A-10 and B~10, and Easterly right of woy line of West Country Club Drive for 837,96 feet; thence N 87"26'47" E for 200.46 feet to the Point of Beginning; thence continue N 87"26'47" E for 63,18 feet; thence N 42.26'47" E for 16,77 feet; thence N 02.33'13" W for 33,67 feet: thence N 87"26'47" E for 120,69 feet; thence S 02'33'13" E for 42,01 feet; thence 5 87'26'47" W for 41.45 feet: thence 5 02"33'13" E for 39,61 feet; thence N 87"26'47" E for 62,28 feet: thence S 02'33'13" E for 24,13 feet, the following six (6) courses being along the exterior boundary of SOld Tract B-10; 1) thence 5 87'26'47" W for 1534 feet; 2) thence S 02"33'13" E for 34,14 feet; 3) thence S 87"26'47" W for 132.42 feet; 4) thence N 02"33'13" W for 74,14 feet, 5) thence N 47.42' 35" W for 19,88 feet to 0 point on 0 circular curve concave to the Southeast and whose rodius point bears 529.22'29"E; 6) thence Southwesterly along 0 120,00 foot radius curve leading to the left through 0 central ongle of 38.07'22" for on orc distance of 79,84 feet to 0 non-tangent point; thence N 02"40'32" W for 62.46 feet to the Point of Beginning, ,,~ Drawn By Cad, No, Ref, Dwg_ MAP 081267 r LEGAL DESCRIPTION I Date 10/21/08 Scale NOT TO SCALE Job, No, 081267 Dwg_ NO-1008-109-1 B Sheet 1 of 4 2007-034 FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653 180 Norrheast 168th. Street / North Miami Beach. Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 I Em,ail fls@flssurvey.com Plotted: 10/22/08 9:340 EXHIBIT A SURVEYOR'S NOTES: - This site lies in Section 3, Township 52 South, Range 42 Eost and Section 34, Township 51 South, Range 42 East, City of Aventuro, Miami-Dade County, Florida, - Bearings hereon ore referred to on assumed value of S 02-40'32" E for the Eosterly right of way line of West Country Club Drive, - Londs shown hereon were not abstracted for easements and/or rights-of-way of records, - This ,s not 0 "Boundary Survey" but only 0 graphic depiction of the descripbon shown hereon - Londs shown hereon containing 117,167 square feet, or 2,69 acres, more or less - Q,mensions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2007-034, SURVEYOR'S CERTIFICATION: I hereby certify thet this "Sketch of Description was mode under my responsible chorge on October 21, 2008, and meets the Minimum Technical Standards os set forth by the Flarido Boord of Professional Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472,027, Florida Statutes, "Not valid without the signature and the original raised seal 01 a Florida Licensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC" LB3653 By: Daniel C, Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida ,~, ..."'-'" Drawn By MAP ( SURVEYOR NOTES AND CERTlFICA TlON I Date 10/21/08 Cad, No, 081267 Scale NOT TO SCALE Ref. Dwg, 2007-034 FORTIN, LEAVY, SKILES, INC. Job, No 081267 CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CER TIFICA TE OF AUTHOR!ZA TION NUMBER: 00003653 Dwg_ No,1008-109-1B 180 N'ortheasc 168m. Street:: / North Mia:m.i Beach, Florida. 33162 Plotted: 10/22/08 9:340 Phone: 305-653-4493 I Fax 305-651-7152 I En-.ail fls@flssurvey.coni. Sheet 2 of 4 A=138025'38" R=120,QO' L=28992' EXHIBIT A -- I 7>00.J ~ r;;~ 'I 62 I 3~~ r-Z I \'sSw \ ~a ~~~ Ow 0v \ "':5 I o...CO ---.J \ \ D-) EXTtRIOR 80UNDARY LINE ,or / L 1 OF TRACT A-l0 ~ I ~~ \.."'OST WESTERLY N W CORNE'i----- ---- ----- \ ~ ~ OF ~~-: ____ ____ I ill N \ ,',\"v " o -' 'vi L21 "'0 1\ orE \ ~ L19 I-~ -' ~ ~ L24 j 00 l--- 10...0 I \ -co I ~l CO IV WESTERLY LINE OF TRACTS A-l0 & 8-10 AND EAS1ERLY RIGHT OF WAY LINE or WEST COUNTRY CLU8 DRIVE TRACT A-liD TRACT U \.-'3 .. EXTERIOR BOUNDARY LINE / OF TRACT 8-10 (7 AVENTURA TENTH ADDITION _PLAT BOOK 136 PAGE 92 ____ ( FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 2D 1A=76034'58" R=43A3' L=58,05' RB=S86059Q6"W 'A=1 r56'41 " R=400,QQ' I L= 125_28' L15 ~ <: ~, (7 7 '" 7 ,'( '-' 70 ,-,0, ,--'0 '-5 ,,'0 '-' "- -' ,-yo "? "" "" '\ \ \ \ \ \ \ \ ~ ",'6 ~'\J A= 17805,5'58" R=77,86 I L=243,15' RB=S7r2235"W liNE T A8lE LINE T A8lE liNE LENGT1-I BEARING LINE LENGTH l1 7',76 N89'19'28"E L21 27,30 12 91,48 N20-40'37"E l22 16,97 l3 18,00 N69'06'15"[ l23 47,13 L' 193,28 S.T08'16"E L24 61,56 l5 60,00 S69'22'0'''E L25 155,58 L6 83,50 S5T28'02"W L26 63,18 L7 8705 N41"14'20"W l27 16_77 l8 0,30 N50'29'30"[ l28 33,67 L9 0,37 S'8'04'5D"W l29 120,69 l10 27.49 N41-22'59"W L30 '2,01 l11 10,09 S48"35' 33"W l31 41.45 L12 28,H N41"27'.7"w lO2 39,61 l13 2357 S'8'38'02"W lO3 62,28 l1. 31,03 N41"11'14"W L34 24,13 l15 13,93 N8T02'24"W L35 15,34 L16 79,44 548-32'0'''W l36 34,'\4 l17 6,23 S06'10'31"W lO7 132,42 l18 26,41 Sn'05'05"W L38 7414 L19 28,18 S8T31 '08"W lO9 19,88 l20 36,67 N40-50'17"W l40 62,'6 8EARING S8T22'02"W S42'22'OJ"W 502'37'55"( S8T30'53"W N02"O'32"W N87'26'47"E N42'26'47"E N02'33'13"W N87'26'47"E S02'33'13"[ 581'26' 47" W S02'33'13"E N8T26'47"E S02"33'13"E S8T26"7"w S02'33'13"[ S87"26'<7"W N02'33'13"W N'T42'35"W N02'40'32"W I I I \ I \ \ I ,wI N ~\ ~\ \ (/)\ OJ I :), I I A=38007'22" -l \ ;;:- R=12Q,OO' 0>- '" I L=79,84' ~ :; 3: RB=S29022'29"E en 3: I u. I N ~ ~ 1\ i ~___ti8~io~~'1_~, ~~~ 'z ~ ~ I POINT OF~ 3V ~->',9 :J '=- ~ I BEGINNING -' 8 I - \ ~ L37 ~ ;' ~EXTERIOR BOUNDARY LINE f- 7300' I OF TRACT 8-10 (f) ~~ ill I ~:~ I I TRACT U S \ ~;~ I / 0:0: I I \ 1/11 r' ~ <Il \ ;j :0>- ",or w>-- >--z z:o wo Uu SOUTH LINE OF SECTION 3'-51-'2 NORTH LINE orSECTION 3-52-42 I I I I ) / / / / ( '\ '\ '\ '\ '\ '\ > / '\ // V - AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 >-- ~ 8 -10 T R A C T ill > (( o TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL FORTIN, lEAVY, SKilES, SKETCH #2007-034 L29 ~o ("') ~31 ..J TRACT D-l0 ("') 33 i AVENTURA TENTH ADDITION ..J L '" PLAT BOOK 136 PAGE 92 L35:J _ _ - - ~ <.0 7 :J "-. "-. GRAPHIC SCALE o 60 I 120 I 2'0 I FIFTH ADDITION BISCA YNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAG[ 20 ( IN FEET ) 1 inch = 120 It. ( I Drawn By Cad, No SKETCH OF DESCRIPTION Date 10/21/08 Scale 1 <<=120' Job, No, 081267 Dwg, No, 1 008-1 09-18 Sheet 3 of 4 -- MAP 081267 FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North. Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152/ Ef'l"1ail fls@flssurvey.con. Ref Dwg 2007-034 10/22/08 9:340 Plotted: -, #<.......... Drawn By Cad, No, Ref. Dwg. Plotted: MAP 081267 2007-034 10/22/08 9:340 , :, (\J ",S-I:l BOo..!\.-- \\JS- f>.. ",\J(\'\ EXHIBIT A EXHIBIT A TURNBERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE \ \ TURNBERRY ISLE RESORT & COUNTRY CLUB t- (/) w 3= LEXHIBIT A A VENTURA MALL SI'--1 1'(' .y 0--1{) ;\;0 ( ass \'-It.. g FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653 180 Northeast 168th. Street I North Miami Beach, Florida. 33162 P:hone: 305-653-4493 / Fax 305-651-7152 I Ern_ail fls@i1ssurvey.con. I Date 10/21/08 Scale NOT TO SCALE Job, No, 081267 Dwg, NO'1008-109-1 B Sheet 4 of 4 LOCA nON SKETCH ,~ EXHIBIT B LEGAL DESCRIPTION A pori,on of Tract U, FInH ADDITlON BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os recorded in Plot BOOK 99 at Page 20 of the Public Records of Miami-Dade County, Florida, and being more pariicularly described os follows Commence ot the Southwest corner of Tract B-10, AVENTURA TENTH ADD1TJON, according to the plot thereof, os recorded In Plot Book 136 at Page 92 of the Pubi>c Records of Miami-Dade County, Florida; thence N 02040'32" W along the Westerly line of said Tract B-10, also being the Easterly nght of way line of West Country Club Dnve for 223,65 feet, thence N 87' 19'28" E for 20045 feet to the Point of Beginning; thence S 02'40'32" E for 147,73 feet; thence S 69021'03" W for 52,68 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears N64051'11"W, the follaw,ng three (3) courses being along the exterior boundary of said Tract B-10; 1) thence Northeasterly along 0 170,00 foot radius curve leadin9 to the left through 0 central angle of 12'54'24" for on ore distance of 38,29 feet to 0 point of tcngency; 2) thence N 12-14'25" E for 112,01 feet to 0 point of curvature; 3) thence Northeasterly along 0 12000 foot radius curve leading to the right through 0 central angle of 10'15'44" for on arc distance of 2149 feet to the Point of Beginning, AND Commence at said Southwest corner of Tract B-10i thence S 02' 40' 32" E along the Westerly line of Tract C-10 of said AVENTURA TENTH ADDITION, and said Easterly right of way line of West Country Club Drive for 30,99 feet to the Po,nt of Beginning, also being the Northwest corner of said Troct U, the following three (3) courses being along the exterior boundary of said Tract U; 1) thence S 02040'32" E for 36,00 feet to 0 point of curvature; 2) thence Southeasterly along 0 4510,66 foot radius curve leoding to the left through 0 central angle of 6018'50" for on arc distance of 497,07 feet to the Northwest corner of Tract HH of said FlnH ADDITION B!SCAYNE YACHT AND COUNTRY CLUB; 3) thence N 81-00'39" E along the North line of said Tract HH for 211.44 feet to 0 point on 0 circular curve concave to the Nartheost and whose radius point bears N81000'38"E; thence Northwesterly along 0 4299,22 foot radius curve leoding to the right through 0 central angle of 3'48'14" for on ore distance of 285.43 feet to 0 non-tangent pOint; thence N 28'44'49" W for 43,73 feet; thence N 03020'32" W for 24,05 feet, thence N 21007'43" E for 71,73 feet to 0 point on 0 circular curve concave to the Northeast and whose radius point bears N86'31'53"E; thence Northwesterly alon9 0 4286,18 foot radius curve leading to the right through 0 centrol angle of 0'59'39" for on arc distance of 74,37 feet to 0 non-tangent point; thence S 87"27'34" W for 35,71 feet, thence N 45059'34" W for 61,79 feet; thence N 00035'40" E for 66,67 feet to 0 point on 0 clrculor curve concave to the Northwest and whose radiUS point bears N64'51 '11 "w, also being 0 point on the exterior boundary of so,d Tract U; thence Southwesterly along soid exterior boundary of Tract U, also being clang 0 170,00 foot radius curve leading to the right through 0 central angle of 62010'39" for on ore distance of 184.48 feet to the POint of Beginning, ~~ - Drawn By ( LEGAL DESCRIPTION I Date MAP 10/21/08 Cad, No, 081267-1 Scale NOT TO SCALE Ref Dwg, FORTIN, LEAVY, SKILES, INC. Job, No, 081267 2007-034 CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653 Dwg No, 1008-109-2BR 1 SO Northeast 168m. Street: / Nordl Mia:rn.i Bea.ch, Florida. 33162 Plotted: 10/22/08 9:340 Phone: 305-6.53-4493/ Fax 305-651-7152/ Em.ail fls@tlssurvey.com Sheet 1 of 4 EXHIBIT~ SURVEYOR'S NOTES - This site lies 'In Seelion 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida _ Bearings hereon are referred 10 on assumed value of S 02'40'32" E far the Easterly right of way line of West Country Club Drive - Lands shown hereon were not abstracted for easements and/or rights-of-way of records, - Easements per said Plat Book 99 at Page 20 not shawn as requested - This 's not a "Boundary Survey" but only 0 graphic depiction of the description shown hereon, - Lands shown hereon containing 1 -,7,171 square feet, or 2,69 acres, more or less, - Dimensions shown hereon are based an Fortin, Leavy, Skiles, sketch #2007-034 SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Descnptian was mode under my responsible charge an October 21, 2008, and meets the Min,murn Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61 G17-6, Florida Administrat,ve Code, pursuant to Section 472,027, Florida Statutes "Not valid without the signature and the original raised seal of a Florida Licen eas;;; eyor and Mapper" :~R~~N,,~a~3__ Surveyor and Mapper, LS2853 Stote of Florida, ,- Drawn By MAP r SURVEYOR NOTES AND CERTlF/CA nON I Date 10/21/08 Cad, No, 081267-1 Scale NOT TO SCALE Ref, Dwg FORTIN, LEAVY, SKILES, INC. Job, No, 0081267 2007-034 CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORlZATION"N'UMBER: 00003653 Dwg, No, 1008-109-28R Plotted: 180 Northeast 168th. Street / Nonh Miami Beach, Flor.ida. 33162 Sheet of 10/22/08 9;340 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssu.rvey.com 2 4 EXHIBITB I \ \ ~ 7300' R1GHl OF WAY PLAT BOOK 99 \ PAGE 20 ~,<,-", \ \ \ \ \ \ \ \ \ \ \ \ \ \ \LU \$ \ UJ > - a: o co :J ~ () m - Drawn By MAP Cad, No, 081267-1 Ref. Dwg 2007-034 Plotted' 10/22/08 9:34-0 \ POINTOF~ 8EGINNIN~ ,,-c, ~ / t - 'y~,T~'~"~ - -.?~<1:2 -- A~ 10015'44" \ R~12000' L~2149' I I R\GH~3~;W" ~ If'RAC" 8-10 \ PLAT BOOK 99 U II 0 Y \ PAGE 20 -If) \ AVENTURA TENTH ADDITION <D PLAT BOOK 136 PAGE 92 n N 1_(~'/16g~~~~CEMENT \ s. W. CORNER or TRAC T B-10 ~ ?- ~ ~ ~3 '?i'\ I TRACT C-10 ~ l) N I PLAT BOOK 136 PAGE 92 i! ~\Ili ;:'u _ I ~ ~~ / ~ EXTERIOR BOUNDARY LINE OF TRACTS B-10 AND TRACT U FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 >- a: ~ z :J o o s:- <( S U- o l- ~\ i\ o~ _0 'w Wz ".,:0 ,. u>- <<( 1"'" ~~ WI Z0 ::iCi: ~)-. ~5 U)t;; ~~ _w "'- nen .~d ~ 0-,;1'0 o (fJ <70 ~ (f) 7).00' RIG\-\l OF WA'Y PLAT BOOK 99 PAGE 20 73,00' R1GKl Of wp..'( PLAT BOOK 99 PACE 20 \ \ \ \ \ SOUTH UNE Of TRACT u :, L9 GRAPHIC SCALE <0 I 160 I BO I IN FEET ) 1 inch ~ 80 It, A~12054'24" R=17000' L=3829' RB=N64051'11 "W , A~oo59'39" R=4286 18' L=74,37' R8=N86031'53"E co -.J LINE TABLE LINE lENGTH BEARING 11 147,73 S02'40'32"E lZ 5Z,6B 569-21 '03"W L3 112.01 N1Z'I4'25"E l4 36,00 50240'32"E l5 21l.4 NB1'OO'39"E L6 43,73 NZB'44' 49"W l7 24,05 N03'20' 3Z"W l8 71,73 N21'07' 43~E 19 3571 587'27'34"W l10 61.79 N45'59'34~W 111 66,67 NOO-35' 40"E A~3048'14" R=4299.22' L=285.43' R8=N81000'38"E NORTH LINE OF TRACT HH PLAT SOOK 99 PACE 20 ~-r r SKETCH OF DESCRIPTION FORTIN, LEAVY, SKlLES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION l'JUMBER: 00003653 180 Northeast 168th.. Street: I North Mian:..i Beach, Florida. 33162 Phone: 305-6:53-4493 I Fax 305-651-7152 / Emai] tls@f1ssurvey.com I Date 10/21/108 Scale 1"=80' Job, No, 081267 Dwg No, le08-109-28R Sheet of 4 3 - EXHIBIT~ f>.\,\V , \\_-'t. \j \CIo\.! \0\'\f>. '0SV. i" -----------I W > ex: o TURNBERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE I CD \TURNBERRY ISLE RESORT ~ \ ,00"""W"" j ~ \ ~ o o f- (/) W ;; EXHIBIT ~ AVENTURA MALL Sj.-<j If' I?o.-<j {) !vo ass SI\'\tJ_1 Nt. ,92NV g I /~ ,- Drawn By Cad, No, MAP 081267-1 r LOCA nON SKETCH I Date 10/21/08 Scale NOT TO SCALE Job, No, 081267 Dwg No, 1008-109- 28R Ref Dwg, 2007 -034 FORTIN, LEAVY, SKlLES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHOR!ZATIOKNUMBER: 00003653 180 Northeast 168th. Street. I North Miami Beach, Florida. 33162 Phone: 305-653-4-493 / Fax 305-651-7152 I E-mail fls@flssu~'ey.ccm Sheet 4 of 4 Plotted' 10/22/08 9:340 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M, Soroka, IC City Manager TO: City Commission BY: Joanne Carr, AICP , Community Development irector DATE: May 15, 2009 SUBJECT: Petition of the City of Aventura to Adopt a Ten-Year Water Supply Facilities Work Plan; to Amend the City of Aventura Comprehensive Plan as required to implement the Ten-Year Water Supply Facilities Work Plan; and to transmit the amendments to the Florida Department of Community Affairs (01-CPA-08) January 13, 2009 Local Planning Agency Agenda Item 48 January 13, 2009 First Reading City Commission Meeting Agenda Item 78 June 2, 2009 Second Reading City Commission Meeting Agenda Item 8....(:; RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Adopt the Ten-Year Water Supply Facilities Work Plan for the City of Aventura dated December 9,2008, revised May 12, 2009. 2. Approve and adopt amendments to the City of Aventura Comprehensive Plan to implement the Ten-Year Water Supply Facilities Work Plan, as follows: ij Amendments to the Future Land Use Element: · Add Policy 7.2 to Objective 7 to provide for co-ordination of current and future land uses with the availability of water supply · Add Policy 7.3 to Objective 7 to require that proposed amendments to the Future Land Use Map provide data and analysis demonstrating adequate water supply and facilities are available 1 ii) Amendments to the Infrastructure Element, Infrastructure Goal 1 of the Plan as follows: · Amend Policy 2.1 of Objective 2 to set out Level of SeNice standards for Potable Water Supply for Miami-Dade Water and Sewer Department and for the City of North Miami Beach and remove the words "eer caeita"from the Miami-Dade County Level of SeNice standards. · Amend Policy 2.3 of Objective 2 to require that adequate water supply is available concurrent with the impact of development. · Amend Policy 2.6 of Objective 2 to extend the planning year from 2015 to 2025. · Add a new Policy 2,7 to Objective 2 to create and adopt a Water Supply Facilities Work Plan into the Comprehensive Plan by reference, · Amend Policies 5.1 and 5.2 of Objective 5 to add reference to the City of North Miami Beach. · Amend Policy 5.3 of Objective 5 to create a Water Supply Facilities Work Plan. ii) Amendment to the Infrastructure Element. Infrastructure Goal 2 of the Plan as follows: · Amend Policv 2.3 of Obiective 2 to reelace the word "xeriscaee" with "Florida Friendlv". iii) Amendments to the Infrastructure Element, Aquifer Recharge Goal in the Plan as follows: · Amend Objective 1 to add Miami-Dade County Water and Sewer Department and the City of North Miami Beach. · Amend Policv 1,3 of Obiective 1 to reelace the word "xeriscaee" with "Florida Friendlv". iv) Amendments to the Capital Improvements Element of the Plan as follows: · Amend Policy 2.4 of Objective 2 to add Level of SeNice standards for Potable Water Supply for Miami-Dade Water and Sewer Department and for the City of North Miami Beach, which both seNice the water demand for a portion of the City of Aventura and remove the words "eer caeita" from the Miami-Dade Water and Sewer Deearment LOS standard. v) Amendments to the Intergovemmental Coordination Element of the Plan as follows: · Amend Policy 2.3 of Objective 2 to require coordination and consistencv among the Water Supply Facilities Work Plans of the South Florida Water Management District, Miami-Dade Water and Sewer Department and the 2 City of North Miami Beach with the City of Aventura Water Supply Facilities Work Plan. · Add a new Policy 2.4 to Objective 2 to identify and require consistency of current and future level of seNice standards between the City of Aventura, Miami-Dade Water and Sewer Department and the City of North Miami Beach and sharina of information. · Add a new Policv 2.5 to orovide that the Citv will coordinate with its water suooliers to ensure that water seNice to the areas seNed bv the Countv and NMB will be orovided based on the aoolicable Level of SeNice standard. vi) Amendments to the Conservation & Coastal Management Element of the Plan as follows: · Amend Policy 8.2 of Objective 8 to add reference to the City of North Miami Beach; add the recently adopted Miami-Dade County Ordinance 08-14 regarding efficient plumbing fixtures, and reference to water saving irrigation standards and the FDEP Landscaoina Irriaation and Florida Friendlv Desian Standards. · Add a new Policy 8,3 to Objective 8 to provide for coordination regarding the availability of water supplies to seNe new development prior to the issuance of a certificate of occupancy. · Renumber existing Policies 8.3 through 8.7 of Objective 8 as Policies 8.4 through 8.8 respectively. · Amend newly numbered Policies 8.5 and 8,7 to add reference to the City of North Miami Beach, · Amend newly numbered Policy 8.8 to adopt by reference the City's Ten-Year Water Supply Facilities Work Plan and provide for future coordination with the appropriate agencies. 3. Approve the transmittal of the plan amendments to the Florida Department of Community Affairs and other agencies for compliance review, compliance determination and issuance of a Notice of Intent. THE REQUEST City staff is requesting approval on second reading of a Ten-Year Water Supply Facilities Work Plan and amendments to the City of Aventura Comprehensive Plan in order to comply with Florida law. BACKGROUND The Florida Legislature enacted bills in the 2002, 2004, and 2005 sessions to address the state's water supply needs. These bills, especially Senate Bills 360 and 444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida Statutes (F,S.) by strengthening the statutory links between the regional water supply 3 plans prepared by the water management districts and the comprehensive plans prepared by local governments. In addition, these bills established the basis for improving coordination between the local land use planning and water supply planning. The proposed City of Aventura Water Supply Facilities Work Plan and the accompanying comprehensive plan amendments were recommended for approval by the Local Planning Agency on January 13, 2009. City Commission approved an ordinance adopting the Water Supply Plan and incorporating the amendments into the City's Comprehensive Plan on first reading on January 13, 2009 and authorized transmittal to the State of Florida Department of Community Affairs (DCA) for review. The first reading staff report is attached as Exhibit #1, The amendments were transmitted to DCA on January 27, 2009. The DCA Objections, Recommendations and Comments (ORC) Report was received on April 6, 2009. There were two objections to the work plan, as follows: Objection 1: Section 3.3 of the Water Supply Plan and Infrastructure Element Policy 2. 1 have been revised to include the City of North Miami Beach potable water Level of Service (LOS) standard of 144 gpd. However, Section 3.3 and Policy 2.1 did not include a potable water LOS standard for the areas of the City Served by the County. Objection 2: Proposed Infrastructure Element Policy 2.7, to incorporate the North Miami Beach 10-Year Water Supply Plan and the Miami-Dade County 20- Year Water Supply Plan by reference, is incomplete because the policy does not include the date/edition and author of the document. There were two recommendations and four comments, Objections are required to be addressed. Recommendations and comments are advisory. The Objections, Recommendations and Comments (ORC) have been addressed in the revised ordinance and Work Plan attached to this report. The ORC response is attached as Exhibit #2, The following revisions from first reading have been made: · Policy 2.1 of Objective 2 of the Infrastructure Element includes a potable water level of service standard for the area of the City serviced by Miami- Dade County Water and Sewer Department. The words "per capita" have been deleted from that level of service standard. · Policy 2.7 of Objective 2 the of the Infrastructure Element has been revised to add the date and author of the City of North Miami Beach 10 Year Water Supply Plan and the Miami-Dade County 20 Year Water Supply Plan. · Policy 2,3 of the Infrastructure Goal 2 has been amended to replace the word "xeriscape" with "Florida Friendly" landscaping. 4 . Policy 2.3 of Objective 2 of the Intergovernmental Coordination Element has been amended to confirm that the City's work plan will be updated to remain consistent with the regional water supply plan. . Policy 2.4 of Objective 2 of the Intergovernmental Coordination Element has been revised to provide that the City and its water suppliers will share information . Policy 2.5 of the Intergovernmental Coordination Element is added to provide that the City will coordinate with its water suppliers to ensure that water service to the areas served by the County and North Miami Beach will be provided at the applicable level of service standard. . Policy 8.2 of the Conservation and Coastal Management Element is revised to reflect that landscaping principles identified in the FDEP Landscaping Irrigation & Florida Friendly Design Standard should be utilized. . Section 3.3 of the Work Plan includes the level of service standard for areas of the City served by Miami-Dade County, The LOS standard is based on the County's data and analysis relevant to the area of the City served by the County, . Section 3.5 of the Work Plan notes that the County's project, Floridan Aquifer Blending Wellfield at Hialeah/Preston, is currently on hold. . The map shown as Figure 1 in the Work Plan has been revised to correctly delineate the area of the City served by the City of North Miami Beach. The additions from first reading are shown in double underlined text and the deletions from first reading are shown in double strike-through text in the attached Ordinance. ANALYSIS Section 31-53 of the City's Land Development Regulations provides that the Comprehensive Plan may be amended in accordance with that section and in accordance with the notice and hearing procedures set forth in both the Land Development Regulations and the applicable Florida Statutes, Notice of the proposed amendments has been properly published. The hearing procedure requires one public hearing by the Local Planning Agency and two public hearings by the City Commission. The public hearing by the Local Planning Agency and the first public hearing by the City Commission were held on January 13, 2009. This is the second public hearing by the City Commission, The public notice for the hearing by the Local Planning Agency and first public hearing by the City Commission was published in the Miami Herald on December 29, 2008, The public notice for the second public hearing by the City Commission was published in the Miami Herald on May 21, 2009. A Citizen Courtesy Information List was announced at the first public hearing and will be announced again at the second public hearing so that any interested party may sign the list and receive a copy of the 5 Notice of Intent from the State Department of Community Affairs (DCA). These public notices satisfy the requirements of the City's Land Development Regulations and the applicable sections of the Florida Statute. If approved on second reading, the amendments will be forwarded to DCA with a request for compliance review, compliance determination and issuance of a Notice of Intent. The ordinance will be effective upon issuance of the Notice of Intent by DCA, subject to a statutory appeals period. 6 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission clor FROM: Eric M. Soroka, IC City Manager BY: Joanne Carr, AICP Community Develop DATE: December 10, 2008 SUBJECT: Petition of the City of Aventura to Adopt a Ten-Year Water Supply Facilities Work Plan; to Amend the City of Aventura Comprehensive Plan as required to implement the Ten-Year Water Supply Facilities Work Plan; and to transmit the amendments to the Florida Department of Community Affairs (01-CPA-08) January 13, 2009 Local Planning Agency Agenda Item AB January 13, 2009 First Reading City Commission Meeting Agenda Item::1.B , 2009 Second Reading City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Adopt a Ten-Year Water Supply Facilities Work Plan for the City of Aventura. 2. Approve and adopt amendments to the City of Aventura Comprehensive Plan to implement the Ten-Year Water Supply Facilities Work Plan, as follows: i) Amendments to the Future Land Use Element: . Add Policy 7.2 to Objective 7 to provide for co-ordination of current and future land uses with the availability of water supply . Add Policy 7.3 to Objective 7 to require that proposed amendments to the Future Land Use Map provide data and analysis demonstrating adequate water supply and facilities Exhibit 1 01-CPA-08 1 ii) Amendments to the Infrastructure Element, Infrastructure Goal 1 of the Plan as follows: . Amend Policy 2.1 of Objective 2 to add Level of Service standards for Potable Water Supply for the City of North Miami Beach, which services the water demand for a portion of the City of Aventura. . Amend Policy 2.3 of Objective 2 to require that adequate water supply is available concurrent with the impact of development. . Amend Policy 2,6 of Objective 2 to extend the planning year from 2015 to 2025. . Add a new Policy 2.7 to Objective 2 to create and adopt a Water Supply Facilities Work Plan into the Comprehensive Plan by reference. . Amend Policies 5.1 and 5,2 of Objective 5 to add reference to the City of North Miami Beach. . Amend Policy 5.3 of Objective 5 to create a Water Supply Facilities Work Plan. iii) Amendments to the Infrastructure Element, Aquifer Recharge Goal in the Plan as follows: . Amend Objective 1 to add Miami-Dade County Water and Sewer Department and the City of North Miami Beach, iv) Amendments to the Capital Improvements Element of the Plan as follows: . Amend Policy 2.4 of Objective 2 to add Level of Service standards for Potable Water Supply for the City of North Miami Beach, which services the water demand for a portion of the City of Aventura. v) Amendments to the Intergovemmental Coordination Element of the Plan as follows: . Amend Policy 2.3 of Objective 2 to require coordination among the Water Supply Facilities Work Plans of the South Florida Water Management District, Miami-Dade Water and Sewer Department and the City of North Miami Beach with the City of Aventura Water Supply Facilities Work Plan. . Add a new Policy 2.4 to Objective 2 to identify and require consistency of current and future level of service standards between the City of Aventura, Miami-Dade Water and Sewer Department and the City of North Miami Beach. 2 vi) Amendments to the Conservation & Coastal Management Element of the Plan as follows: . Amend Policy 8.2 of Objective 8 to add reference to the City of North Miami Beach; add the recently adopted Miami-Dade County Ordinance 08-14 regarding efficient plumbing fixtures, and reference to water saving irrigation standards. . Add a new Policy 8.3 to Objective 8 to require coordination regarding the availability of water supplies to serve new development prior to the issuance of a certificate of occupancy. . Renumber existing Policies 8.3 through 8.7 of Objective 8 as Policies 8.4 through 8,8 respectively. . Amend newly numbered Policies 8,5 and 8,7 to add reference to the City of North Miami Beach. . Amend newly numbered Policy 8.8 to adopt by reference the City's Ten-Year Water Supply Facilities Work Plan and require future coordination with the appropriate agencies. 3. It is further recommended that the City Commission approve the transmittal of the plan amendments to the Florida Department of Community Affairs and other agencies for review prior to adoption, THE REQUEST City staff is requesting approval of a Ten-Year Water Supply Facilities Work Plan and amendments to the City of Aventura Comprehensive Plan in order to comply with Florida law, BACKGROUND The Florida Legislature enacted bills in the 2002, 2004, and 2005 sessions to address the state's water supply needs. These bills, especially Senate Bills 360 and 444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida Statutes (F,S.) by strengthening the statutory links between the regional water supply plans prepared by the water management districts and the comprehensive plans prepared by local governments. In addition, these bills established the basis for improving coordination between the local land use planning and water supply planning. The proposed City of Aventura Water Supply Facilities Work Plan is attached as Exhibit #1. The purpose of this work plan is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the City's jurisdiction. Chapter 163, Part II, F.S., requires local governments to prepare and adopt Work Plans into their comprehensive plans within 18 months after the water management district approves a regional water supply plan or its update. The Lower 3 East Coast Water Supply Plan Update was approved by the South Florida Water Management District on February 15, 2007, The City has been working diligently with Miami Dade Water & Sewer Department and the City of North Miami Beach since adoption of the Lower East Coast Water Supply Plan Update to complete this work plan for our City. Residents of the City of Aventura obtain their water directly from either the Miami- Dade County Water and Sewer Department or from the City of North Miami Beach. Each of these water providers is responsible for ensuring that enough capacity is available for existing and future customers. Each has prepared their own Water Supply Facilities Work Plan and transmitted them to the State for approval. The City's work plan co-ordinates with our suppliers' work plans. The City's responsibility under our work plan is to ensure co-ordination of our comprehensive plan water use goals, objectives and policies and to support water conservation and reuse with these two agencies and with the South Florida Water Management District, ANALYSIS Section 31-53 of the City's Land Development Regulations provides that the Comprehensive Plan may be amended in accordance with that section and in accordance with the notice and hearing procedures set forth in both the Land Development Regulations and the applicable Florida Statutes. Notice of the proposed amendments has been properly published. The hearing procedure requires one public hearing by the Local Planning Agency and two public hearings by the City Commission. If adopted on first reading, the ordinance will be transmitted to the Florida Department of Community Affairs and all applicable agencies. The ordinance will be scheduled for second and final reading once any objections, recommendations and comments from these agencies have been addressed. The proposed revisions to the elements have been drafted to be consistent with the Miami-Dade County and the City of North Miami Beach Water Supply Facilities Work Plans and to comply with all statutory requirements. 4 City of Aventura Response to Florida Department of Community Affairs (DCA) Objections, Recommendations and Comments Report (ORC) DCA No. 09RWSP-1 Addressing Adoption of Water Supply Plan and Amendments to City of Aventura Comprehensive Plan Response Date: May 19, 2009 This report contains responses from the City of Aventura to the objections referenced in the Objections, Recommendations and Comments (ORC) Report issued by the Florida Department of Community Affairs (DCA) dated April 6, 2009. These objections must be addressed since they form the basis of potential determinations of non-compliance by DCA. The DCA objections and corresponding recommendations are summarized below, followed by the City of Aventura's responses and then followed by the City's proposed amended element incorporating those responses and showing additions from the first transmittal in double underlined text and deletions from the first transmittal shown in double stricken-through text. Objection 1: Section 3.3 of the Water Supply Plan and Infrastructure Element Policy 2.1 have been revised to include the City of North Miami Beach potable water level of Service (lOS) standard of 144 gpd. However, Section 3.3 and Policy 2.1 did not include a potable water lOS standard for the areas of the City served by the County. DCA Recommendation: Revise Section 3.3 of the Water Supply Plan and Infrastructure Element Policy 2.1 to include a level of service standard for areas of the City served by Miami-Dade County. The LOS standard should be based on data and analysis relevant to the area of the City served by the County. The City should also include a policy to coordinate with the County to ensure water service to the areas served by the County will be provided based on the LOS standard. City Response: Section 3.3 of the Water Supply Plan and Infrastructure Element Policy 2.1 both contain the LOS standard for the areas of the City served by Miami-Dade Water and Sewer Department. The words "per capita" in the County LOS have been deleted in accordance with the County's comment letter dated March 13, 2009 to read "average daily system demand". This LOS standard is based on the County's data and analysis relevant to the area of the City served by the County. Policy 2.5 has been added to the Intergovernmental Coordination Element to provide that the City shall coordinate with the County and City of North Miami Beach to ensure that water service to the areas Exhibit 2 01-CPA-08 served by the County and NMB will be provided based on the applicable Level of Service standard. Objection 2: Proposed Infrastructure Element Policy 2.7 to incorporate the City of North Miami Beach 10 year water supply plan and the Miami-Dade County 20 year water supply plan by reference is incomplete because the policy does not include the date/edition and author of the document. DCA Recommendation: Revise Infrastructure Element Policy 2.7 to include the title, author and date/edition of the document being adopted by reference, Documents adopted by reference and are revised subsequent to Plan adoption will need to have their reference updated within the plan through the amendment process, City Response: Infrastructure Element Policy 2.7 has been revised to include the date/edition and author of the County water supply plan and the City of North Miami Beach water supply plan. In response to the "Comments" of the ORC report dated April 6, 2009, the City proposes the following revisions from the plan amendment received by DCA on February 2,2009: . Intergovernmental Coordination Element Policy 2.3 has been revised to ensure consistency with the Lower East Coast Regional Water Supply Plan by adding the suggested wording in Comment #2. . Intergovernmental Coordination Element Policy 2.4 has been revised to provide for information sharing with our water suppliers by adding the suggested wording in Comment #3. . All review comments by Miami-Dade County in its letter dated March 13, 2009 have been incorporated into the water supply plan and comprehensive plan amendments. SUMMARY OF PROPOSED AMENDMENTS TO CITY OF A VENTURA FUTURE LAND USE ELEMENT, INFRASTRUCTURE ELEMENT, CAPITAL IMPROVEMENTS ELEMENT, INTERGOVERNMENTAL CO-ORDINATION ELEMENT AND CONSERVATION & COASTAL MANAGEMENT ELEMENT AND TEN YEAR WATER SUPPLY FACILITIES WORK PLAN DCA No. 09-RWSP-l (Double underline text represents additions and double strike out text represents deletions to the document received by DCA on February 2, 2009) 1. The Ten-Year Water Supply Facilities Work Plan dated December 9,2008, Revised Mav 12.2009, attached as Exhibit #1 to this Ordinance, is hereby adopted as the water supply facilities work plan for the City of A ventura. Fil!ure 1. Service Area Map. Pal!e 28. has been revised to correctlv delineate the area served bv the Citv of North Miami Beach. 2. Amendments to the Future Land Use Element. The Future Land Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows: Policy 7.2 is added to Objective 7 to provide for coordination of current andfuture land uses with the availability of water supply. Policy 7.2 The City. through its Land Development Regulations and in coordination with the Ten- Year Water Supply Facilities Work Plan will coordinate current land uses and any future land use changes with the availability of water supply system. Policy 7.3 is added to Objective 7 to require that proposed amendments to the Future Land Use Map provide data and analysis demonstrating adequate water supply and facilities Policy 7.3 The City shall require proposed amendments to the Future Land Use Map provide data and analysis demonstrating adequate water supply and facilities are available. 3. Amendments to the Infrastructure Element. The Infrastructure Element of the City of A ventura Comprehensive Plan is hereby amended as follows: INFRASTRUCTURE GOAL 1 - Policy 2.1 of Objective 2 is amended to add Level of Services standards for Potable Water Supply for the City of North Miami Beach, which services a portion of the City of A ventura Policy 2.1 To assure an adequate level of service, potable water and sanitary sewer facilities shall meet the following level of service standards, as adopted by Miami-Dade County Water and Sewer Department and the City of North Miami Beach, the City's current service provider~. 1) Potable Water Supply Area Serviced bv Miami-Dade Water & Sewer Department (a) The system shall operate with a rated maximum daily capacity which is no less than 2 percent above the maximum daily flow for the preceding year, and an average daily capacity 2 percent above the average daily JHH @a~ita system demand for the preceding 5 years. (b ) Water shall be delivered to users at a pressure no less than 20 pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade Fire Department, minimum fire flow based on the land use served shall be maintained as follows: Land Use Single Family Residential/Estate Single Family, Duplex, and Residential on minimum lots 00,500 sf. Multi-Family Residential Semiprofessional Offices, Hospitals, Schools Business and Industry Min. Fire Flow 500 gal/min 750 gal/min 1,500 gal/min 2,000 gaUmin 3,000 gaUmin (c) Water quality shall meet all federal, State and County primary standards for potable water. (d) System-wide storage capacity for finished water shall equal no less than 15 percent of the system average daily demand. Area Serviced bv the City of North Miami Beach Potable Water: the City's water system shall provide 144 gallons per person per day at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a water pressure of 40 pounds per square inch (psi) although 20 psi is the legal minimum. Policy 2.3 of Objective 2 is amended to require that adequate water supply is available concurrent with the impact of the development Policy 2.3 Except as provided by Objective 1 and the supporting policies, no development order authorizing new development or a significant expansion of an existing use shall be issued for any area of the City which is served by a potable water or sanitary sewer facility which does not meet the standards in Policy 2.1 or will not meet these standards concurrent with the completion of the development. In any case where these federal, state, or county standards referenced in Policy 2.1 are revised, a reasonable time for compliance with the new standards shall be allowed. Prior to approving a building permit. the City shall require that adequate water supplies to serve the new development will be available no later than the anticipated date of a certificate of occupancy or its functional equivalent. Policy 2.6 of Objective 2 is amended to extend the year from 2015 to 2025 Policy 2.6 The City shall continue to coordinate with a provider who shall continue the expansion of existing water and wastewater treatment plants to meet demand through the year ~ 2025. Policy 2.7 of Objective 2 is added to create and adopt a Water Supply Facilities Work Plan by reference Policy 2.7 The City shall create and adopt a Water Supply Facilities Work Plan that is consistent with the South Florida Water Management District's Lower East Coast Regional Water Supply Plan. Miami-Dade Water and Sewer Department~ Water Suoolv Facilities Work Plan Reoort. oreoared bv CDM. dated November 26.2007. and the City of North Miami Beach~ lO-Year Water Suoolv Facilities Work Plan oreoared bv MHE. dated Mav 2008. The City's Work Plan will be updated within 18 months after the South Florida Water Management District's Lower East Coast Regional Water Supply Plan. Miami-Dade Water and Sewer Department's Work Plan. and the City of North Miami Beach's Work Plan are updated. The City of Aventura. Florida. Water Supply Facilities Work Plan dated December 9. 2008. revised Mav 12.2009. is hereby adopted by reference. Policies 5,1 and 5.2 of Objective 5 are amended to add the City of North Miami Beach Policy 5.1 The City of Aventura shall encourage support Miami-Dade County and the City of North Miami Beach in the development of its future potable water supplies, to the maximum extent feasible, utilize methods which preserve the integrity of the Biscayne Aquifer, protect the quality of surface water and related ecosystems, and comply with the land use and environmental protection policies of the Miami-Dade County CDMP, the City of North Miami Beach, the Strategic Regional Policy Plan for South Florida, and the State Comprehensive Plan. Policy 5.2 When reclaimed water becomes available, the City shall consider its use on public and private properties. Currently, the Miami-Dade Water and Sewer Department and the City of North Miami Beach is are responsible for implementing any reuse that is deemed by the County to be economically feasible. Policy 5.3 of Objective 5 is amended to create a Water Supply Facilities Work Plan Policy 5.3 The City shall create a Ten-Year Water Supply Facilities Work Plan that is consistent with rC'/iew the water supply facility the work plans of Miami-Dade County MDW ASD and the City of North Miami Beach, as they are adopted and/or periodically updated, in order to identify alternative projects that will increase its water supply, and shall coordinate with Miami-Dade County and the City of North Miami Beach, as appropriate, in the implementation of these projects. INFRASTRUCTURE GOAL 2 - Policv 2,3 ofObiective 2 is amended to revlace the word "xeriscave" with "Florida Friendlv" Policy 2.3 Water conserving irrigation and other landscape practices such as Xeriseape Florida Friendlv shall be used wherever feasible. Through its site and landscape reviews, A ventura shall ensure that appropriate native and HeFi8e~e Florida Friendly plant materials are used, particularly where public water is used to water lawns, golf courses and landscaped green spaces. Objective 1 of the Aquifer Recharge Goal in the Infrastructure Element is amended to add Miami-Dade County Water and Sewer Department and the City of North Miami Beach, and Policv 1.3 is amended to revlace the word "xeriscave" with "Florida Friendlv". The City shall support the efforts of the County Miami-Dade County Water and Sewer Department and the City of North Miami Beach to identify significant ground water resources and protect them through land use controls, public acquisition, easements or other appropriate methods. Policy 1.3 The City shall institute a comprehensive program responsible for educating businesses and residents of: the County's current water conservation policies, the fragility of the aquifer, methods to reuse and conserve water, well abandonment problems and rules, and benefits of drought resistant plants (xeriseape Florida Friendlv) 4. Amendment to Capital Improvements Element. The Capital Improvements Element of the City of A ventura Comprehensive Plan is hereby amended as follows: Policy 2.4 of Objective 2 is amended to add Level of Services standards for Potable Water Supply for Miami-Dade Water and Sewer Department and for the City of North Miami Beach which both service a portion of the City of Aventura Policy 2.4 The Five- Year Capital Improvements Program, or the City's contract providers as appropriate, shall incorporate the identified capital investments from each functional element and will be based on the following LOS standards: [9J-5.016(3)(c)4] Potable Water Supply Area Serviced bv Miami-Dade Water & Sewer Devartment: a) The treatment system shall operate with a rated maximum daily capacity which is no less than two percent (2%) above the maximum daily flow for the preceding year, and an average daily capacity two percent (2%) above the average daily J3er eaJ3ita system demand for the preceding five (5) years. Water shall be delivered to users at a pressure no less than twenty (20) pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade Fire Department or successor entity, minimum fire flow, based on the land use served, shall be maintained as follows: Minimum Fire Flow Land Use Gallons per Minute Single Family Residential Estate Density Single Family and Duplex Residential on Minimum lots of7,599 ft2 Multi-family Residential, Semiprofessional Offices Hospitals, Schools Business and Industry 500 750 1,500 2,000 3,000 b) Water quality shall meet all federal, state and county pnmary standards for potable water. c) System-wide storage capacity for finished water shall equal no less than fifteen (15) percent of the system-wide average daily demand. Area Serviced bv the City of North Miami Beach 5, Amendment to the Intere:overnmental Coordination Element. The Intergovernmental Coordination Element of the City of A ventura Comprehensive Plan is hereby amended as follows: Policy 2.3 of Objective 2 is amended to specify coordination and consistencv among the work plans of the South Florida Water Management District, Miami-Dade Water and Sewer Department and the City of North Miami Beach with the City of A ventura Work Plan Policy 2.3 The City shall support, as appropriate, Miami Dade County's and North Miami Beach's de'.'elopment and implementation of the 'Nater Supply Facilities Work Plan required by Florida Statute and the \-yater conservation efforts of other agencies. The City shall ensure coordination of the comprehensive plan with the most current South Florida Water Management District Lower East Coast Rel!ional Water Supply Plan Update as well as the Miami-Dade County V,rat~r ana ~~';:~r D~~8ftm~m and the City of North Miami Beach Water Supply Facilitv Work Plans when proposing and/or amending the City's Ten-Year Water Supply Facilities Work Plan. The City's Work Plan shall be updated within 18 months after the South Florida Water Management District updates the Lower East Coast Regional Water Supply Plan to remain consistent with the rel!ional water supply plan. The City shall maintain a record of City staff attendance and participation in appropriate intergovernmental and/or multi-iurisdictional coordination efforts (i.e. meetings, workshops, committees, agreements). Policy 2.4 of Objective 2 is added to identify and ensure consistency of level of service standards between the City of Aventura, Miami-Dade Water and Sewer Department and the City of North Miami Beach and sharinf! of information Policy 2.4 The City shall ensure and identify the consistency of local level of service standards by annually contacting Miami-Dade County Water and Sewer Department and the City of North Miami Beach as the City's service providers, to obtain and share current information, including populations, level of services, service areas, water supply facilities, implementation schedule of required potable water conservation and reuse measures and evaluate if future modification to either the service agreement or level of service standards should be included in subsequent Comprehensive Plan Amendments. This contact may be by way of meeting of the Miami-Dade Planners Technical Committee or by mutually agreed upon tri-party meetings. Policv 2.5 of Obiective 2 is added to vrovide that the Citv will coordinate with its suvvliers to ensure that water service to the areas served bv the Countv and the Citv of North Miami Beach will be vrovided based on the avvlicable Level of Service standard. Policy 2.5 The Citv shall coordinate with Miami-Dade Water and Sewer Deoartment and with the Citv of North Miami Beach to ensure that water service to the areas served bv the Countv and the citv of North Miami Beach will be orovided based on the aoolicable Level of Service standard. 6. Amendment to the Conservation and Coastal Manaeement Element. The Conservation and Coastal Management Element of the City of Aventura Comprehensive Plan is hereby amended as follows: Policy 8.2 of Objective 8 is amended to add the City of North Miami Beach; add the recently approved Miami-Dade County Ordinance 08-14 regarding efficient plumbing fixtures; add reference to water saving irrigation standards: and add reference to the Florida Devartment of Environmental Protection Landscave Irrieation and Florida Friendlv Desien Standards. Policy 8.2 In order to comply with policies of the South Florida Water Management District directed toward conservation of potable water supply and to achieve a reduction in the current rates of water consumption the following performance standards shall apply: · Where non-potable alternative sources of irrigation water are available potable water supplies may not be used to meet irrigation needs. · The City of Aventura shall encourage coordinate with the Miami-Dade Water and Sewer Department (MDW AS D) and the City of North Miami Beach to study the feasibility of using reclaimed water as one method of reducing the amounts of potable water used for non-potable activities. · Require the use of water-saving plumbing fixtures in all new developments as required by Miami-Dade County Ordinance 08-14. · Require the use of water-saving plumbing fixtures when plumbing fixtures are replaced or retrofitted. · In order to reduce demand for irrigation water (which in turn often places greater demand upon potable water sources), at least seventy percent (70%) of all landscaping material obtained from off-site sources for use on · In order to reduce demand for irrigation water (which in turn often places greater demand upon potable water sources), at least seventy percent (70%) of all landscaping material obtained from off-site sources for use on any site should be native plant material adapted to soil and climatic conditions existing on the subject site such as landscaping principles identified in FDEP Landscaping Irrigation and Florida-Friendly Design Standards. · To further reduce water demand at least fifty percent (50%) of all trees used in landscaping shall be native species adapted to soil and climatic conditions existing on-site. Landscaping orinciples identified in FDEP Landscaping Irrigation and Florida Friendlv Design Standards should be utilized. Policy 8.3 of Objective 8 is added to provide for coordination regarding the availability of water supplies to serve new development prior to a certificate of occupancy Policy 8.3 The City of Aventura will cooperate with MDWASD and the City of North Miami Beach to require that before the issuance of a building permit or its functional equivalent. adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent. Policies 8.3 through 8,7 of Objective 8 are renumbered and newly numbered Policies 8.5 and 8, 7 are amended to add the City of North Miami Beach Poliey 8.3 Policy 8.~ The City of A ventura shall continue to cooperate with local, regional, state and federal agencies for the management of fresh water resources to maintain adequate fresh water supplies during dry periods and to, when practicable, conserve water. Poliey 8.4 Policy 8.~ The City of Aventura shall continue to cooperate with MDW ASD, the City of North Miami Beach and the South Florida Water Management (SFWMD) for the implementation of water demand management policies and programs. Poliey 8.5 Policy 8.,2 The City of A ventura shall continue to require compliance with all applicable federal, state, regional and county water quality standards. Poliey 8.6 Policy 8.1 The City of A ventura shall cooperate with MDW ASD, the Citv of North Miami Beach and the SFWMD to conserve water resources during emergencies. Newly numbered Policy 8.8 of Objective 8 is amended to adopt the City's Ten-Year Water Supply Facilities Work Plan and ensure future coordination with the appropriate agencies Poliey 8.7 Policy 8.~ The City shall adopt a Ten-Year Water Supply Facilities Work Plan. The City shall coordinate implementation of the Work Plan's goals, obiectives and policies with the work plans of support, as appropriate, the South Florida Water Management District, Miami-Dade COlHl'ty Water and Sewer Department and the City of North Miami Beach~ in their development and implementation of the 'Nater Supply Faeilities Workplan required by Florida Statute, The City shall also coordinate its efforts to conserve water with the efforts of these agencies in their afl€l the water conservation efforts and other agenCies. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor April 6, 2009 THOMAS G, PELHAM Secretary -9~ /"l~ 11 qy, , l.tt; ry,cn ~ ,;y~ 'T , ~ o/fl'r ' 6i~ .o~j/L' ~ <(,Q' ~, o/'~l' The Honorable Susan Gottlieb, Mayor City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Dear Mayor Gottlieb: The Department of Community Affairs has completed its review of the City of Aventura proposed Comprehensive Plan Amendment (DCA No, 09RWSP-1), which was received on February 2, 2009. Copies of the proposed amendment have been distributed to appropriate state, regional, and local agencies for their review and their comments are enclosed, The Department has reviewed the comprehensive plan amendment for consistency with Rule 9J-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes, and has prepared the attached Objections, Recommendations, and Comments (ORC) Report which outlines our findings concerning the comprehensive plan amendment. The Department has identified two objections in the proposed amendment related to the City's need to include a potable water level of service standard for the areas served by Miami- Dade County and an incomplete incorporation by reference of the North Miami Beach 10-Year Water Supply Plan and the Miami-Dade County 20- Year Water Supply Plan, My staff and I are available to assist the Village in addressing the issues identified in our report, If you have any questions, please contact Sevini Guffey, AICP, Community Planner, at sevini.guffey@dca,state.fl.us or at (850) 922-5315. Sincerely, 07 ~h}7'7 21L~JJ Mike McDaniel, Chief Office of Comprehensive Planning MM/skg Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Joanne Carr, AICP, City of Aventura Community Development Director Eric Soroka, ICMA-CM, City of Aventura City Manager Carolyn A Dekle, AICP, Executive Director, South Florida Regional Planning Council 2555 SHUMARD OAK BOULEVARD . TALLAHASSEE, FL 32399.2100 8 5 0 - 4 8 8 - 8 4 6 6 (p) . 8 5 0 - 9 2 1 - 0 78 1 (f) . Web 5 i t e A NW j (1 S UJ~~J.Lll;i, . COMMUNITY PLANNING550~:68-2356Ip) 650-4e8.3309 (1) . FLORIDA COMMUNITIES TRUST 850.922,2207 Ii;) ~5C,921.1747 'J) . . HOUSING AND COMMUNITY DEVELOPMENT ,,50-438.7956 tPi 650,922,5623(1) . DEPARTMENT OF COMMUNITY AFFAIRS CITY OF AVENTURA PROPOSED AMENDMENT #09RWSP-1 OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT April 6, 2009 Division of Community Planning This report is prepared pursuant to Rule 9J-11.01 0, F.A.C. OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR THE CITY OF AVENTURA PROPOSED COMPREHENSIVE PLAN AMENDMENT #09RWSP-1 Introduction The following objections, recommendations and comments are based upon the Department's review of the City of Aventura #09RWSP-1 proposed amendment to its Comprehensive Plan pursuant to s. 163.3184, Florida Statutes (F.S,), The objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code (F.A.C,), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations, Some of these objections may have initially been raised by one or more of the other external review agencies, If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence, Each of these objections must be addressed by the City and corrected when the amendment is resubmitted for our compliance review. Objections that are not addressed may result in a determination that the amendment is not in compliance, The Department may have raised an objection regarding missing data and analysis items, which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule 9J-5,002(2), F.A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed, The comments that follow the objections and recommendations section are advisory in nature, Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers, The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension, Appended at the end of the Department's ORC Report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. - 2 - Transmittal Procedures Upon receipt of this letter, the City of Aventura has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s, 163,3184, F, S" and Rule 9J- 11,011, F.A.C, The City must ensure that all ordinances adopting comprehensive plan amendments are consistent with the provisions of Chapter 163,3189(2)(a), F,S, Within ten (10) working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011 (5), F,A.C., please provide a copy of the adopted amendment directly to the Executive Director of the South Florida Regional Planning Council. Please be advised that Section 163,3184(8)(c), F.S" requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings, In order to provide this courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event there are no citizens requesting this information, please inform us of this as well. For efficiency, we encourage that the information sheet be provided in electronic format. - 3 - I. Consistency with Chapter 163, F.S., and Rule 9J-5, F.A.C. Summary The City of Aventura submitted its proposed 10-Year Water Supply Facilities Work Plan and related amendments to the Land Use, Infrastructure, Capital Improvements, Intergovernmental Coordination, and Conservation and Coastal Management Elements of the City's Comprehensive Plan, The Department of Community Affairs has identified two (2) objections and four (4) comments_ The objections are related to the City's failure to include the Miami-Dade County potable water LOS standard for the areas served by the County and an incomplete incorporation by reference of North Miami Beach 10-Year Water Supply Plan and the Miami-Dade County 20- Year Water Supply Plan, I Objections and Recommendations Objection 1: Section 3.3 of the Water Supply Plan and Infrastructure Element Policy 2.1 have been revised to include the City of North Miami Beach potable water Level of Service (LOS) standard of 144 gpd, However, Section 3,3 and Policy 2,1 did not include a potable water LOS standard for the areas of the City served by the County. Authority: Sections 163,3177(4)(a), 163,3177(6)(a), (6)(c), (6)(d), (8), 163,3177(9)(b), 163.3177(9)(h), 163,3177(10)(f), FS, and Rules 9J-5,005(2), (3), (5), 9J-5,006(3)(c)3, 9J- 5,011 (2)(c)2, 9J-5,015(3)(b)1, 3, (3)(c)1, 3, 11, and 9J-5.016(3), (4), FA.C. Recommendation: Revise Section 3.3 of the Water Supply Plan and Infrastructure Element Policy 2.1 to include a level of service standard for areas of the City served by Miami-Dade County, The LOS standard should be based on data and analysis relevant to the area of the City served by the County, The City should also include a policy to coordinate with the County to ensure water service to the areas served by the County will be provided based on the LOS standard, Objection 2: Proposed Infrastructure Element Policy 2,7, to incorporate the North Miami Beach 10-Year Water Supply Plan and the Miami-Dade County 20-Year Water Supply Plan by reference, is incomplete because the policy does not include the date/edition and author of the document Authority: Sections 163.3167(13), 163,3177(4)(a), (6)(a), (c), (d), (8), (10), FS, Rule 9J-5,005(2), 9J-5.006(2)(a), and 9J-5,011 (1), F.A.C, Recommendation: Revise Infrastructure Element Policy 2,7 to include the title, author and date/edition of the document being adopted by reference. Documents adopted by reference and are revised subsequent to Plan adoption will need to have their reference updated within the plan through the amendment process, i Comments Comment 1: The City should adopt a potable water level of service standard for non-residential land uses such as commercial, industrial and office uses, Non-residential level of service standards could be based on gallons per a number of square feet of building area, Comment 2: Revise Intergovernmental Coordination Element Policy 2,3 as follows in bold font to ensure consistency with the Lower East Coast Regional Water Supply Plan: - 4 - The City shall ensure coordination of its comprehensive plan with the most current South Florida Water Management District Lower East Coast Regional Water Supply Plan Update as well as the Miami-Dade County and North Miami Beach Water Supply Facility Work Plans when proposing and/or amending the City's Ten-Year Water Supply Facilities Work Plan. The City's Work Plan shall be updated within 18 months after the South Florida Water Management District updates the Lower East Coast Regional Water Supply Plan to remain consistent with the regional water supply plan. The City shall maintain a record of City staff attendance and participation in appropriate intergovernmental and/or multi-jurisdictional coordination efforts (Le, meetings, workshops, committees, agreements, etc,), Comment 3: It is recommended that the City revise the Intergovernmental Coordination Element Policy 2.4 as follows in bold font to insure that information is provided by the City to its water service providers as well as to obtain information from the water service providers: The City shall ensure and identify the consistency of local level of service standards by annually contacting Miami-Dade County Water and Sewer Department and North Miami Beach as the City's service providers, to obtain and share current information, including populations, level of services, service areas, water supply facilities, implementation schedule of required potable water conservation and reuse measures and evaluate if future modification to either the service agreement or level of service standards should be included in subsequent Comprehensive Plan Amendments. This contact may be by way of meetings of the Miami-Dade Planners Technical Committee or by mutually agreed upon tri-party meetings. Comment 4: The City is encouraged to revise its Water Supply Facilities Work Plan as outlined by the Miami-Dade County review letter dated March 13, 2009 to ensure the City's Plan is consistent with the County's Water Supply Plan, II. Consistency with Chapter 187, F.S. The proposed amendment is inconsistent with the following provisions of Chapter 187, F,S" the State Comprehensive Plan: Section 187,201 (7), Water Resources, Policies (b)2, 5, 11, 13, and 14: Ensure that new development is compatible with existing local and regional water supplies, protect aquifers, and promote water conservation, Section 187,201(15), Land use, Policies (b)1 and 6 concerning land use and directing development to areas that have the land and water resources, and service capacity to accommodate growth, This requirement relates to Objection 1. Section 187.201 (17), Public Facilities, Policies (b)1, 5, 6, 7 and 9 concerning funding public facilities to serve residents in a timely manner, These requirements relate to Objection 1, Section 187,201 (20), Governmental Efficiency, Policies (b) 1: Encourage greater cooperation between, among, and within all levels of Florida government. Section 187,201(25), Plan Implementation, Policy 2, 3 and 7 to ensure local plans implement and accurately reflect State goals and policies. This requirement relates to Objection 1, By addressing the concerns noted in Section I., these inconsistencies with Chapter 187, Florida Statutes, can be addressed, - 5 - ~'a,- SOUTH FLORIDA WATER MANAGEMENT DISTRICT March 13, 2009 Mr. Ray Eubanks, Administrator Plan Review and Processing Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Fl 32399-2100 f.;f Dear Mr. Eubanks: Subject: City of Aventura, DCA #09-RWSP1 SFWMD Comments on Proposed Comprehensive Plan Amendment Package The South Florida Water Management District (District) has completed its review of the proposed amendment package submitted by the City of Aventura (City). The proposed amendment adopts the Water Supply Facilities Work Plan (Work Plan) and related amendments into the Future land Use, Infrastructure, Capital Improvements, Intergovernmental Coordination, and ConseNation and Coastal Management elements. The City's potable water suppliers are Miami-Dade County and the City of North Miami Beach. The District offers the following recommendations, which we request that you include in your review comments to the City, to assist them in fully meeting the statutory requirements for water supply and related capital improvements planning through the proposed amendments: . Revise the comprehensive plan to reflect specific on-going coordination mechanisms verifying that the City of North Miami Beach will continue to incorporate Aventura's proposed population projections and potable water demands in North Miami Beach's Work Plan. . Revise Section 3.3 of the Work Plan and applicable related policies to reflect that Miami-Dade County uses 155 gallons per capita per day as a system-wide average for the municipalities that it seNes. . Revise the comprehensive plan to include a policy for incorporation of the Miami- Dade County and North Miami Beach capital improvement projects that may be necessary for providing potable water within the City, 3301 Cun Club R.'ad, \Vlst P,llm I3caCD, Flprida 33406 . (561) 6B6-,SSOO . FL IV ATS 1-SI)0.B2-2045 Mililing AdJress: PO Box 2,1680, West Palm Bedd1, FL 33416.-1680 . wwwsfwmd,gov Mr, Ray Eubanks, Administrator March 13,2009 Page 2 · Consider adopting a potable water level of service standard for non-residential land uses such as commercial and mixed-use. This will be helpful in assessing water supply needs for future site-specific non-residential land use amendments. We look forward to collaborating with the Department of Community Affairs, the City, and their water suppliers in developing sound, sustainable solutions to meet the City's future water needs. For assistance or additional information, please contact John Mulliken, Director, Water Supply Planning Division, at (561) 682-6649 or jmulls@sfwmdfjov. I ') Chip er~~m Deputy Executive Director Water Resources South Florida Water Management District c: Joanne Carr, City of Aventura Marjorie G. Craig, P.E., SFWMD Bob Dennis, DCA Rachel Kalin, SFRPC Marc LaFerrier, Miami-Dade County John Mulliken, SFWMD Jim Quinn, DEP Karl Thompson, North Miami Beach Maria Valdes, MDWASD South Florida Regional Planning Council :j& ~ ~~ MEMORANDUM AGENDA ITEM #6e DATE: MARCH 2, 2009 TO: COUNCIL MEMBERS FROM: STAFF SUBJECT: CITY OF A VENTURA PROPOSED COMPREHENSIVE PLAN AMENDMENT Introduction On February 2, 2009, Council staff received proposed plan amendment #09-RWSP1 to the City of Aventura Comprehensive Plan for review of consistency with the Strategic Regional Policy Plan for South Florida (SRPP), Staff review is undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (F.s.), and Rules 9J-5 and 9J- 11, Florida Administrative Code (FA.c.)- Community Profile The City of Aventura, located in northeast Miami-Dade County, was incorporated in November 1995, It began as a master planned community called Turnberry Isle, The surrounding communities include Sunny Isles Beach and Golden Beach to the east, North Miami Beach to the south, portions of Unincorporated Miami-Dade County to the west and HaIlandale Beach in Broward County to the north_ The City contains a land area of approximately 3,2 square miles, The population was estimated to be 31,044 in 2008, a 22,8 percent increase from the 2000 population_ The City's commercial "spine" is located along the Biscayne Boulevard/US. 1 Corridor, betvveen the Broward County line and the City of North Miami. The primary land uses in the City are residential (26%), commercial (16%), recreation and open space (12%), and water bodies (26%), No public schools are currently located within the City, The City is substantially built-out, with only 5% vacant land_ Redevelopment is an emerging issue. The general location of the City is shown in Attachment 1. Additional information on the Village and the Region can be found on the Council's website, wvv\\'_sfre.c,co~!:!, Summary of Staff Analvsis Proposed amendment #09-R\VSP1 includes amendments to the Future Land Use, Infrastructure, Capital Improvements, Intergovernmental Coordination, and the Conservation and Coastal Management Elements related to water supply planning, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985-4416, State (800) 985-4416 FAX (954) 985-4417, e-mail: sfadmin@sfrpc,com, website: www,sfrpc,com Infrastructure Element The proposed changes to this element include revised potable water LOS standards that reflect the City's water providers' (MDvV ASD and N:.1B) LOS standards, Policy 2.3 includes a revision to address concurrency management prior to approval of a building permit. New Policy 2,7 would adopt the City's Work Plan, dated December 9, 2008, by reference into the Comprehensive Plan and direct the City to maintain it for consistency with the SFWMD, NMB, and County Work Plans, Capital Improvements Element The proposed change to this element would reVIse potable water LOS standards as noted ill the Infrastructure Element above, Intergovernmental Coordination Element The proposed changes to this element would revise Policy 2,3 to direct the City to coordinate its Work Plan with the plans of the SFWMD, MDW ASD, and NMB, New Policy 2_4 would provide implementation strategies for ensuring potable water LOS standards are met and revised if needed, Conservation and Coastal Management Element The proposed changes to this element would direct the City to cooperate with the County and NMB to study the feasibility of reuse, implement water demand management policies, ensure water concurrency, and to conserve, The City would also require the use of water saving plumbing fixtures in new- or re- development as set forth in the Miami-Dade County Ordinance #08-14. The City of Aventura Commission unanimously approved the transmittal of the proposed amendment at its January 13, 2009, meeting, Recommendation Find the City of Aventura proposed amendment #09-RWSP1 generally consistent with the Strategic Regional Policy Plan faT South Florida (SRPP). Approve this staff report for transmittal to the Florida Department of Community Affairs_ 3 Attachment 1 Broward County Miami-Dade County i ) UNINCORPORATED .. NE 163 ST 0.6 0,9 COMPREHENSIVE PLAN AMENDMENTS 1':" 8 Q :~ "" o Location Map City of A ventura Proposed Amendment #09-RWSPl Source: \1iami-Dadc C\Junty, SHV\.lD, SFRPC Note: For plannini~ purposes un]y, All diqanccs .He approximate_ '~ ...u.. :~:;,';'~,;F~if~j~~;:;,~~;~~~~~:=r :~'1!11:':~-;::$~'~~:#~~'~~ Florida Department of Environtnental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 1.\: \Iarch 6, 2009 lvlr. Ray Eubanks Plan Review and DRI Processing Team Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 f') _, r r> ' ,,) .-l v c, .;z' ->V'oc:;J. K."<-L,-.'-V":..-~"" , --o>/,r L~.- ,"' '" ...,:. I .<J:- '-' --1 RE: Aventura 09RWSP-l, Comprehensive Plan Amendment Dear Mr. Eubanks: The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (FDEP) has reviewed the above-referenced amendment proposal under the procedures of Chapter 163, Florida Statutes, and Chapters 9J-5 and 9J-11, Florida Administrative Code. The Department provides the following comments and recommendations to assist your agency in developing the state's response to the proposed amendment. The amendment package consists of the 10-Year Water Supply Facility Work Plan (vVork Plan) and related text amendments to the Public Facilities, Conservation and Intergovernmental Coordination Elements of the comprehensive plan. Comments on the IO-year Work Plan The 2005 growth management legislation (SB 360), requires local governments to prepare a la-Year vVater Supply Facilities Work Plan (Work Plan), and related text changes to the goals, objectives, and policies of the comprehensive plan to implement the \-Vork Plan. Section 163.3177(6), F.s. requires local governments to prepare a 10- Year vVater Supply Facilities \Vork Plan ('Nork Plan), and related text changes to the goals, objectives, and policies of the comprehensive plan to implement the Work Plan. The statute requires the City to project water demands for at least a 10-year period, and demonstrate that the current and planned water supply facilities and sources of water will meet the projected demand, AU local governments must also revise their comprehensive plans to address water supply concurrency and ensure that their 5-year schedules of capital improvements are financially feasible. The Department will focus its attention on the City's effectiveness in analyzing its ability to supply water to future Mr. Ray Eubanks Aventura 09R'VSP-l 1\larch 6, 2009 Page 2 of 2 growth over the next ten years and the efficacy of the strategies that the City has chosen to meet future water supply demands. Potable Water Supply and Demand Analysis The 'Vater Supply 'York Plan contains a ten-year potable water and reclaimed water supply and demand analysis for its service areas, including the anticipated water supply deficits and surpluses. The data and analysis indicates that the City's facility capacity, as well as its current Consumptive Use Permit (CUP), will meet the City's water demand for the next twenty years. The City's ten-year \-vater supply strategy incorporates efficient use of groundwater supplies, interconnection of systems, expansion of water reuse systems, and water conservation programs. The Department recognizes that the City may still need to meet requirements of the South Florida Water Management District (SFvVMD) to identify and incorporate alternative water supply project(s) listed in the updated SFWMD regional water supply plans. Water Supply Policies The 2005 growth management legislation requires City consultation with the appropriate water supplier during permit review to determine if adequate water will be available to serve the development. In addition, the City's concurrency management system must ensure that adequate water supplies and water and wastewater facilities will be available to serve new development no later than the date on which the City anticipates issuing a certificate of occupancy. The policies that the City provided appear to meet these requirements. Thank you for the opportunity to comment on the proposed amendment package. Should you have any questions or require further assistance, please call me at (850) 245-2169. Yours sincerelv, .I ~. /l / '/. UHf ~~~ Christopher J Stahl Office of Intergovernmental Programs CJS/ """'""",",.,"""",.".,"',.",."",..,,.,.,..'"",',.",',.,.,.",..,., .............,"..-,::;.....,"'..,, c, '._" ,"_'.:' ~).: '-~.<:.i;,',',l<.':.,. .... '. ,; ';' M I AM I.DADE '.i~ '.'h',;o;,:" . 'i. ,".";~,,;>,/- Planning and Zoning 1)1,,,"\\ 1st Street. Suite 1210 \Llmi, Florida 33128- jf102 T 3C5-37:}-23Q'J Carlos Alvarez, Mayor March 13,2009 miamidade.gov (t w l\)S( U) --,,'/ . Mr. Ray Eubanks, Administrator Plan Review and Processing Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: City of Aventura Proposed Water Supply Facilities Wort< Plan Dear Mr, Eubanks: The Miami-Dade County Departments of Planning and Zoning (DP&Z) and Water and Sewer 0NASD) have jointly reviewed the City of Aventura's proposed 10-Year Water Supply Facilities Wort< Plan (City WSFWP). The review was conducted to identify points of consistency or inconsistency with provisions of Miami-Dade County's adopted 20- Year Water Supply Facilities Work Plan (County WSFWP). DP&Z finds that the proposed WSFWP is generally consistent with the County's WSFWP. The following comments are offered to make the City's WSFWP more consistent with the County's WSFWP. . Change all "Xeriscape practice" references to "Florida Friendly". . Section 3.5, page 13: revise the last sentence in the first paragraph to reflect that the WASD Florida Blending Wells project is on hold. . Infrastructure Element, Policy 2.1(a), page 18 and Capital Improvement Element, Policy 2.4(a), page 23: Revise references to "average daily per capita system demand" to read "average daily system demand" to match the County terminology. . Conservation & Coastal Management Element, Policy 8.2, page 26: Add the following language at the end of the last bullet "Landscaping principles identified in FDEP Landscaping Irrigation and Florida Friendly Design StandardS should be utilized." . Figure 1, Service Area Map, page 28: Coordinate with WASD and North Miami Beach to revise this map so that it correctly delineates the area served by North Miami Beach. County staff is available to wort< with the City to address the concerns stated above and to refine the WSFWP before the City considers adoption of the amendments. If you have any questions, please contact Mart< R. Woerner, Chief, Metropolitan Planning, at 305-375-2835, or Maria Valdes, WASD Planning & Water Use Unit Supervisor. at 786-552-8198, Sincerely,,, ~ / /~;J~;;~' / L-/ .. \------/ '::;;':Marc C, LaFerrier, AICP Director, Department of Planning & Zoning c: City of Aventura 'v1CLF.SB:PHCSAF City of A ventura Water Supply Facilities Work Plan CITY OF AVENTURA, FLORIDA TEN-YEAR WATER SUPPLY FACiliTIES WORK PLAN Prepared For: Florida Department of Community Affairs Prepared By: City of Aventura Community Development Department December 9, 2008 Revised May 12, 2009 May 12,2009 City of A ventura Water Supply Facilities Work Plan TABLE OF CONTENTS 1,0 INTRODUCTION 1.1 Statutory History 1.2 Statutory Requirements 2.0 BACKGROUND INFORMATION 2.1 Overview 2,2 Relevant Regional Issues 3,0 DATA AND ANALYSIS 3.1 Population Information 3.2 Maps of Current and Future Areas Served 3.3 Potable Water Level of Service Standard 3.4 Population and Potable Water Demand Projections by Each Local Government or Utility 3.5 Water Supply Provided by Other Entities 3.6 Conservation 3.6.1 Countywide Issues 3.6.2 Local Government Specific Actions, Programs, Regulations, or Opportunities 3.7 Reuse 3.7.1 Regional and Countywide Issues 3.7.2 Local Government Specific Actions, Programs, Regulations, or Opportunities 4.0 CAPITAL IMPROVEMENTS 4,1 Work Plan Projects 4,2 Capital Improvements Element/Schedule 5.0 GOALS, OBJECTIVES AND POLICIES May 12.2009 II City of A ventura Water Supply Facilities Work Plan 1.0 INTRODUCTION The purpose of the City of Aventura Water Supply Facilities Work Plan (Work Plan) is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the City's jurisdiction. Chapter 163, Part II, F,S., requires local governments to prepare and adopt Work Plans into their comprehensive plans within 18 months after the water management district approves a regional water supply plan or its update. The Lower East Coast Water Supply Plan Update was approved by the South Florida Water Management District (SFWMD) on February 15, 2007. The City has been working diligently with Miami Dade Water & Sewer Department (MDWASD) and the City of North Miami Beach (NMB) since adoption of the Lower East Coast Water Supply Plan Update to complete this work plan Residents of the City of Aventura obtain their water directly from either the Miami- Dade County Water and Sewer Department (MDWASD) or from the City of North Miami Beach (NMB). Each of these water providers is responsible for ensuring that enough capacity is available for existing and future customers. The service area maps are shown in Figure 1. The City of Aventura Water Supply Facilities Work Plan (Work Plan) will reference both the initiatives already identified in Miami-Dade County's 20-year Work Plan and the City of North Miami Beach 10-Year Water Supply Facilities Work Plan, since the City is a retail buyer from both of these utility providers. According to state guidelines, the Work Plan and the comprehensive plan amendment must address the development of traditional and alternative water supplies, bulk sales agreements and conservation and reuse programs that are necessary to serve existing and new development for at least a 10-year planning period, The City of Aventura Work Plan will have the same 10-year planning time schedule as the City of North Miami Beach's Work Plan since it is the shorter period of the two Work Plans, The City's Work Plan is divided into five sections: Section 1 - Introduction Section 2 - Background Information Section 3 - Data and Analysis Section 4 - Capital Improvements Section 5 - Goals, Objectives, Policies 1.1 Statutory History The Florida Legislature enacted bills in the 2002, 2004, and 2005 sessions to address the state's water supply needs, These bills, especially Senate Bills 360 and 444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida May 12, 2009 3 City of A ventura Water Supply Facilities Work Plan Statutes (F.S.) by strengthening the statutory links between the regional water supply plans prepared by the water management districts and the comprehensive plans prepared by local governments. In addition, these bills established the basis for improving coordination between the local land use planning and water supply planning. 1.2 Statutory Requirements Each local government must comply with the following requirements: 1. Coordinate appropriate aspects of its comprehensive plan with the appropriate water management district's regional water supply plan, [163,3177(4)(a), F.S,] 2, Ensure that its future land use plan is based upon availability of adequate water supplies and public facilities and services [s.163.3177(6)(a), F.S., effective July 1 J 2005]. Data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet projected growth demands must accompany all proposed Future Land Use Map amendments submitted to the Department for review. The submitted package must also include an amendment to the Capital Improvements Element, if necessary, to demonstrate that adequate public facilities will be available to serve the proposed Future Land Use Map modification. 3. Ensure that adequate water supplies and facilities are available to serve new development no later than the date on which the local government anticipates issuing a certificate of occupancy and consult with the applicable water supplier prior to approving building permit, to determine whether adequate water supplies will be available to serve the development by the anticipated issuance date of the certificate of occupancy [s.163.3180 (2)(a), F.S., effective July 1, 2005]. This "water supply concurrency" is now in effect, and local governments should be complying with the requirement for all new development proposals. In addition, local governments should update their comprehensive plans and land development regulations as soon as possible to address these statutory requirements. The latest point at which the comprehensive plan must be revised to reflect the concurrency requirements is at the time the local government adopts plan amendments to implement the recommendations of the Evaluation and Appraisal Report (EAR). 4. For local governments subject to a regional water supply plan, revise the General Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element (the "Infrastructure Element"), within 18 months after the water management district approves an updated regional water supply plan, to: a. Identify and incorporate the alternative water supply project(s) selected by the local government from projects identified in the updated regional water supply plan, or the alternative project proposed by the local government under s. 373.0361(7), F.S. [so 163.3177(6)(c), F.S.]; May 12, 2009 4 City of A ventura Water Supply Facilities Work Plan b. Identify the traditional and alternative water supply projects, bulk sales agreements, and the conservation and reuse programs necessary to meet current and future water use demands within the local government's jurisdiction [so 163.3177(6)(c), F.S.]; and c. Include a water supply facilities work plan for at least a 1 a-year planning period for constructing the public, private, and regional water supply facilities identified in the element as necessary to serve existing and new development. [so 163,3177(6)(c), F,S.] Amendments to incorporate the water supply facilities work plan into the comprehensive plan are exempt from the twice-a-year amendment limitation. [so 163.3177(6)(c), F.S.] 5. Revise the Five-Year Schedule of Capital Improvements to include any water supply, reuse, and conservation projects and programs to be implemented during the five-year period, 6. To the extent necessary to maintain internal consistency after making changes described in Paragraph 1 through 5 above, revise the Conservation Element to assess projected water needs and sources for at least a 1 a-year planning period, considering the appropriate regional water supply plan, the applicable District Water Management Plan, as well as applicable consumptive use permit(s). [s.163.3177 (6)(d), F.S.] If the established planning period of a comprehensive plan is greater than ten years, the plan must address the water supply sources necessary to meet and achieve the existing and projected water use demand for established planning period, considering the appropriate regional water supply plan. [s.163.3167 (13), F.S.] 7, To the extent necessary to maintain internal consistency after making changes described in Paragraphs 1 through 5 above, revise the Intergovernmental Coordination Element to ensure coordination of the comprehensive plan with applicable regional water supply plans and regional water supply authorities' plans. [s.163.3177(6)(h)1., F.S.] 8. Address in the EAR, the extent to which the local government has implemented the 1 a-year water supply facilities work plan, including the development of alternative water supplies, and determine whether the identified alternative water supply projects, traditional water supply projects, bulk sales agreements, and conservation and reuse programs are meeting local water use demands. [s.163.3191 (2)(1), F.S.] May 12,2009 5 City of A ventura Water Supply Facilities Work Plan 2.0 BACKGROUND INFORMATION 2.1 Overview The City of Aventura was incorporated in November 1995. The City has a land area of approximately 3.2 square miles bounded by: Broward County and the City of Hallandale Beach to the north; Golden Beach and Sunny Isles across Dumfounding Bay and the Intracoastal Waterway to the east; North Miami Beach to the south, and; unincorporated Miami-Dade County to the west. Our 2008 population, as reported by the University of Florida, is 31,044. Although it was not incorporated until 1995, between 1990 and 2000, the City's population increased from 15,375 to 25,267, a 67 percent increase. By 2010, the City's population is anticipated to increase to 32,925, an increase of 30 percent since 2000. Based on projections prepared by the University of Florida, by 2015 it is projected that its population will increase to 37,307 (48% above the 2000 Census). It should be noted, however, that these estimates are based on historic and current population figures and growth trends, and do not reflect local conditions. The City is rapidly approaching build-out, and its future development potential and population growth is limited by the scarcity of vacant and developable land. For these reasons, the City estimates that its population will cap out at around 32,925, the year 2010 population estimate. The population projections from the NMB and MDWASD Work Plans for served areas project a 2010 population of approximately 36,566 and a build-out 2030 population of 41 ,666. The City of Aventura is substantially built-out. In 2005, an evaluation of existing gross acreage by land uses revealed that 523.89 acres or 26% of the total gross acreage in the city is dedicated to residential use. The remaining gross acreages are allocated to non-residential use: 319.97 acres commercial (16%); 2.04 acres industrial (0,10%); 8.81 acres Community Facilities (0.40%); 257,07 acres Recreation and Open Space (12%); 284.81 acres Utilities and Rights of Way (14%); 104.5 acres Vacant (5%); and 531.61 acres Water (26%), Of the 104.5 acres vacant land, about one-half has either site plan approval or vested rights. The City is a retail water customer of both Miami Dade Water and Sewer Department and the City of North Miami Beach, All projects within the City for water service are required to meet the standards and code requirements of the retail provider. 2.2 Relevant Regional Issues As the state agency responsible for water supply in the Lower East Coast planning area, the South Florida Water Management District (SFWMD) plays a pivotal role in resource protection, through criteria used for Consumptive Use Permitting, As May 12, 2009 6 City of A ventura Water Supply Facilities Work Plan pressure increased on the Everglades ecosystem resource, the Governing Board initiated rule making to limit increased allocations dependent on the Everglades system, As a result, the Regional Water Availability Rule was adopted by the Governing Board on February 15, 2007 as part of the SFWMD's water use permit program. This reduced reliance on the regional system for future water supply needs, mandates the development of alternative water supplies, and increased conservation and reuse, The City's retail suppliers both have consumptive use permits from the South Florida Water Management District. Miami-Dade County has a 20 year consumptive use permit, subject to numerous conditions, issued in 2007 and expiring in 2027. The City of North Miami Beach has a 20 year consumptive use permit from issued in 2007 and expiring in 2027, May 12,2009 7 City of A ventura Water Supply Facilities Work Plan 3.0 DATA AND ANALYSIS 3.1 Population Information Our 2008 population, as reported by the University of Florida, is 31,044. Although it was not incorporated until 1995, between 1990 and 2000, the City's population increased from 15,375 to 25,267, a 67 percent increase. By 2010, the City's population is anticipated to increase to 32,925, an increase of 30 percent since 2000. Based on projections prepared by the University of Florida, by 2015 it is projected that it its population will increase to 37,307 (48% above the 2000 Census). It should be noted, however, that these estimates are based on historic and current population figures and growth trends, and do not reflect local conditions. The City is rapidly approaching build-out, and its future development potential and population growth is limited by the scarcity of vacant and developable land. For these reasons, the City estimates that its population will cap out at around 32,925, the year 2010 population estimate. The population projections from the NMB and MDWASD Work Plans project a 2010 population of approximately 36,566 and a build-out 2030 population of 41 ,666. 3.2 Maps of Current and Future Areas Served The maps depicting City boundaries served by the MDWASD and North Miami Beach are provided in Figure 1. 3.3 Potable Water Level of Service Standard Since the City of Aventura is a retail customer of both Miami-Dade MDWASD and the City of North Miami Beach, all three level of service standards (LOS) are listed below. Currently, the City's LOS standard is consistent with Miami-Dade County's LOS. The City is proposing to amend the Infrastructure Element, Objective 2, Policy 2.1 of its Comprehensive Plan, to adopt two levels of service to be consistent with the level of serviced of both of its water providers, City of A ventura - Level of Service: (1) Potable Water. a, The treatment system shall operate with a rated maximum daily capacity which is no less than two percent above the maximum daily flow for the preceding year, and an average daily capacity two percent above the average daily per capita system demand for the preceding five years. b. Water shall be delivered to users at a pressure no less than 20 pounds per square inch (psi) and no greater than 100 psi. Unless May 12,2009 8 City of A ventura Water Supply Facilities Work Plan otherwise approved by the Miami-Dade Fire Department or a successor entity, minimum fire flow, based on the land use served, shall be maintained as follows: Land Use Type GPM Single-family residential estate density 500 Single-family and duplex residential on minimum lots of 7,599 750 square feet Multifamily residential, semi-professional offices 1,500 Hospitals, schools 2,000 Business and industry 3,000 c. Water quality shall meet all Federal, State and County primary standards for potable water. d. System-wide storage capacity for finished water shall equal no less than 15 percent of the system-wide average daily demand. The City's level of service standard is consistent with the Miami-Dade County level of service standard, which is as follows: Miami-Dade County Level of Service: 1) Potable Water Supply: (a) The regional treatment system shall operate with a rated maximum daily capacity no less than 2 percent above the maximum daily flow for the preceding year, and an average daily capacity 2 percent above the average daily system demand for the preceding 5 years. (b) Water shall be delivered to users at a pressure no less than 20 pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade Fire Department, minimum fire flows based on the land use served shall be maintained as follows: Land Use Min. Fire Flow (gpm) Single Family Residential Estate 500 Single Family and Duplex; Residential 750 on minimum lots of 7,500 sf Multi-Family Residential; 1,500 Semiprofessional Offices Hospitals; Schools 2,000 Business and Industry 3,000 (c) Water quality shall meet all federal, state, and County primary standards for potable water. May 12, 2009 9 City of A ventura Water Supply Facilities Work Plan (d) Countywide storage capacity for finished water shall equal no less than 15 percent of the Countywide average daily demand. Miami-Dade Countv uses 155 aallons oer caoita oer dav as a svstem-wide averaae for the municioalities that it serves. TAe City's level €If serviss staAeare is s€lAsistsAt v:itA Ihe City of North Miami Beach level of service standard, '.vAisA is as follows: City of North Miami Beach Level of Service: Potable Water: the City's water system shall provide 150 gallons per person per day at a pressure of 40 pounds per square inch (psi), The City attempts to maintain a water pressure of 40 pounds per square inch (psi) although 20 psi is the legal minimum. The Citv's Level of Service standard is beina amended to be consistent with the Citv of North Miami Beach Level of Service for those areas serviced bv NMB. 3.4 Population and Potable Water Demand Projections by Each Local Government or Utility The potable water network within the City of Aventura is an interconnected county- wide system. The City receives potable water from Miami Dade Water and Sewer Department (MDWASD) and the City of North Miami Beach (NMB). The City cooperates with MDWASD and NMB to jointly develop methodologies and procedures for biannually updating estimates of system demand and capacity, and to ensure sufficient capacity to serve development needs. MDWASD is currently developing and implementing a water allocation system, which requires that "prior to approval of a building permit or its functional equivalent, the local government shall consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent". The following table depicts population projections as coordinated with both utilities. Since MDWASD and NMB use different projection years, separate tables are provided. POPULATION & WATER DEMAND PROJECTIONS For the City of Aventura (MDWASD Work Plan) 2007 2010 2015 2020 2025 2030 Overall City 34,927 35,414 36,224 36,595 36,965 37,335 Serviced by 23,030 23,495 24,270 24,622 24,974 25,325 MDWASD May 12,2009 10 City of A ventura Water Supply Facilities Work Plan [ Demand (MGD) I 3.57 I 3,64 [ 3,76 I 3,82 I 3,87 I 3,93 Source: Miami Dade Water & Sewer Department Water Supply Facilities Work Plan, March 2008, Exhibit 3-1, Appendix C POPULATION & WATER DEMAND PROJECTIONS For the City of Aventura (NMB Work Plan) 2006 2008 2013 2018 2027 2030 Overall City Serviced by NMB 12,418 12,745 13,561 14,375 15,874 16,341 Demand (MGD) * 28,16 29.79 31,80 38,38 39,75 ., . Source: City of North Miami Beach 1 O-Year Water Supply FacIlities Work Plan, Table 4-6 *This is Total Demand, Information for City of Aventura only is not available, It should be noted, however, that the City is rapidly approaching build-out, and its future development potential and population growth is limited by the scarcity of vacant and developable land. For these reasons, and notwithstanding the Miami- Dade County and City of North Miami Beach projections, the City estimates that its population will cap out at around 32,925, the year 2010 population estimate, Since the two service providers project higher population for the City, the water demand projections are higher, thus providing for a safety factor. The following table summarizes the population projections by each of the three government agencies. It is provided in order to clarify the different years used for analysis and to show that at all times the service providers' population projections are greater than the City's capped out population of 32,925. Totals- Aventura1 MDWASD2 NMB3 MDWASD & NMB 2000 25,267 2006 12,418 2007 23,030 12,582" 35,612 2008 23, 1851:> 12,745 35,930 2010 32,9254 23,495 13,0711:> 36,566 2013 23,960" 13,561 37,521 2015 32,9254 24,270 13,887" 38,157 2018 24,481" 14,375 38,856 2020 24,622 14, 7080 39,330 2025 See note 6 24,974 15,540" 40,514 2027 25,1141:> 15,874 40,988 2030 25,325 16,341 41 ,666 1. Based on University of Florida estimates 2. Based on MDWASD Water Supply Plan estimates 3. Based on NMB Water Supply Plan estimates 4. Aventura estimated population cap, 5. Interpolated number, 6. Population projections for years beyond 2015 will be updated on next Work Plan update and after 2010 Census. May 12,2009 11 City of A ventura Water Supply Facilities Work Plan 3.5 Water Supply Provided by Other Entities Miami Dade County Water and Sewer Department: The Miami-Dade County 20-Year Water Supply Facilities Work Plan is incorporated by reference, The intent of the County Work Plan is to meet the statutory requirements mentioned in subsection 1.2 of this plan and to coordinate the MDWASD's water supply initiatives with the SFWMD's Lower East Coast Water Supply Plan Update, The MDWASD's service area is all portions of Miami-Dade County within the Urban Development Boundary (UDB), excluding Homestead, Florida City, North Miami Beach and portions of North Miami. The areas within the Urban Expansion are included in the planning horizon after 2015. The following summarizes Miami-Dade County's Work Plan: . Description of population and water demand projections (Water Supply Service Area, Retail and Wholesale Customers, respectively, by Municipality provides municipal population projections and projected MDF "Annual Average Daily Flow" finished water based on 155 gallons per capita per day (gpcd). The population information was derived from Miami-Dade County Department of Planning and Zoning Transportation Analysis Zone (TAZ) 2004 population data, This subsection also provides a brief discussion of MDWASD's conservation and reuse programs,); . The Water Supply Facilities Work Plan details the facilities and proposed alternative water supply (AWS) projects that are planned in order to meet the water demands through 2027. These projects are expected to be completed in increments consistent with the projected growth set forth in the Plan. The AWS projects and annual average daily demand (MDD) assumes that all current wholesalers will remain in the MDWASD system through 2027, except for the City of North Miami Beach. The AWS projects are included in the County's Capital Improvement Element. In the 20-Year Work Plan, the MDWASD is committed to meet the water demand for the municipalities within the service area. The City of Aventura is served by the Hialeah Preston sub-area water treatment plant (WTP). The Hialeah and John E. Preston WTP's are located at 200 W, 2nd Ave. and 1100 W. 2nd Ave., respectively. The adjacent facilities in Hialeah share interconnected source water and finished water storage capacity. The two plants have similar processes. The source of water for the Hialeah Water Treatment Plant is from the Hialeah-Miami Springs Wellfields, supplemented by the Northwest Wellfield. The Hialeah WTP has a current rated capacity of 60 mgd. The main source of water for the Preston WTP is from the Northwest Wellfield. The current rated capacity is 165 mgd. MDWASD is was in the process of completing the Floridan Aquifer Blending Wellfield at Hialeah/Preston (4.7 MGD, $10.3M) to satisfy the needs of its retail purchasers, who obtain water from this facility. This oroiect is currentlv on hold. May 12, 2009 12 City of A ventura Water Supply Facilities Work Plan City of North Miami Beach: The City of North Miami Beach (NMB) 10-Year Water Supply Facilities Work Plan is incorporated by reference. The intent of the Work Plan is to meet the statutory requirements mentioned in subsection 1.2 of this plan and to coordinate the City's water supply initiatives with the SFWMD's Lower East Coast Water Supply Plan Update. The NMB service area is comprised roughly of the area bounded by the Atlantic Ocean on the east; NW 3ih Avenue on the west; NW 128th, NW 135th, NW 143rd and NE 146th on the south; and, Ives Dairy Road and Snake Creek Canal on the north. The following summarizes City of North Miami Beach's Work Plan: · Description of population and water demand projections are given and the projected AADF "Annual Average Daily Flow" finished water is based on 144 gallons per capita per day (gpcd). · The Water Supply Facilities Work Plan details the facilities and proposed alternative water supply (AWS) projects that are planned in order to meet the water demands through 2030. These projects are expected to be completed in increments consistent with the projected growth set forth in the Plan. As detailed in the 10-Year Work Plan, NMB is committed to meet the water demand for the municipalities within its service area. NMB has constructed and begun operation of the first Floridan reverse osmosis (RO) water treatment plant (Alternative Supply) in the county and is planning on the expansion of this facility to meet future demands ($28.5 M, 13 MGD by 2020) from its purchasers including City of Aventura residents. 3.6 Conservation Both MDWASD and the City of North Miami Beach are addressing water conservation and reuse issues and implementing measures to reduce the per capita water consumption, They have identified alternative water supply projects, conservation and reuse programs, and capital improvement projects necessary to meet the projected water demands within their respective service areas. Miami Dade County recently passed an ordinance relating to water use efficiency standards that amends the Florida Building Code requiring use of high efficiency appliances and fixtures. All projects within the City of Aventura will be required to comply with these new standards because all water and sewer projects require approval from Miami Dade MDWASD and the City of North Miami Beach. The City of Aventura will cooperate with both utility providers to be consistent with their plans and requirements for water conservation and reuse as it relates to indoor and outdoor water use for all development types. 3.6.1 County-wide Issues The Miami-Dade Water Use Efficiency Plan May 12, 2009 13 City of A ventura Water Supply Facilities Work Plan Currently, the MDWASD is implementing all Best Management Practices (BMPs) included in its 20-year Water Use Efficiency Plan, which was approved by the South Florida Water Management District in May 2007. Water Conservation Plans and Development Codes In addition, all of the MDWASD's wholesale customers are required to submit a Water Conservation Plan to its Water Use Efficiency Section as mandated by County Ordinance 06-177, Section 32-83.1 of the Miami-Dade County Code. The Plan will identify Best Management Practices (BMP) based on population characteristics and type of service for each municipal service area. Miami-Dade County has developed recommendations for new development that would achieve higher water use savings than currently required by code. The recommendations were developed by an Advisory Committee and were presented to the Board of County Commissioners (BCC) on June 5, 2007. These water conservation recommendations were adopted by Ordinance (08-14) on February 5, 2008. This ordinance was amended on September 2, 2008 to clarify certain standards for plumbing fixtures and change the effective date to January 1, 2009. These water efficiency recommendations represent an additional 30 percent to the water savings identified in the 20-year Water Use Efficiency Plan. All applicants will be required to comply with these future code requirements. The list of recommendations submitted to the BCC and the ordinance relating to water use efficiency standard are included in MDWASD's Work Plan and are also posted in the Miami-Dade Water Conservation Portal. Per Capita Consumption Furthermore, the MDWASD will establish per capita consumption for all municipalities including those in its retail customer service area. Based on this data, the MDWASD will work with the municipalities to address those with higher than average per capita and will target programs for those areas. The County anticipates that the implementation of the Best Management Practices identified in the 20-year Water Use Efficiency Plan will result in an adjusted system wide per capita of 147,82 gpcd by 2027. 3.6.2 Local Government Specific Actions, Programs, Regulations, or Opportunities The City will coordinate future water conservation efforts with the MDWASD, the City of North Miami Beach and the SFWMD to ensure that proper techniques are applied, In addition, the City will continue to support and expand existing goals, objectives and policies in its comprehensive plan that promotes water conservation in a cost- effective and environmentally sensitive manner. The City will continue to actively support the SFWMD, Miami-Dade County and the City of North Miami Beach in the implementation of new regulations or programs that are designed to conserve water during the dry season. May 12, 2009 14 City of A ventura Water Supply Facilities Work Plan MDWASD is currently implementing various water conservation projects. The County's Water Use Efficiency Five-Year Plan includes measures that will reduce demand by 19.2 MGD over the next 20 years. Some of the conservation projects include bathroom and kitchen retrofits program, Miami-Dade green lodging and restaurant program, rebates for high efficiency toilets and washers, and landscaping irrigation evaluations, All of these programs are available to the residents of the City of Aventura because MDWASD is the water supply provider. 3.7 Reuse 3.7.1 Regional and County-wide Issues State law supports reuse efforts. In recent years, Florida's utilities, local governments, and water management districts have led the nation in implementing water reuse programs that increase the quantity of reclaimed water used and public acceptance of reuse programs. Section 373,250(1) F,S. provides that "water reuse programs designed and operated in compliance with Florida's rules governing reuse are deemed protective of public health and environmental quality." In addition, Section 403.064(1), F.S., provides that "reuse is a critical component of meeting the state's existing and future water supply needs while sustaining natural systems." The City of Aventura supports water reuse initiatives under consideration by SFWMD, Miami-Dade County and the City of North Miami Beach. The County has committed to implement a total of 170 MGD of water reuse as noted in the County's 20-year water use permit. In the 20-year Work Plan, the County identified a number of water reuse projects and their respective schedule. According to the Plan, "reuse projects to recharge the aquifer with highly treated reclaimed water will be in place before additional withdrawals over the base condition water use are made from the Alexander Orr and South Dade subarea wellfields. In addition, reuse irrigation projects are anticipated for the North and Central District Wastewater Treatment Plants. These projects will be implemented in the Cities of North Miami and North Miami Beach, and are currently under construction for Key Biscayne." 3.7.2 Local Government Specific Actions, Programs, Regulations, or Opportunities The City will support the SFWMD, Miami-Dade County and the City of North Miami Beach water reuse projects, and implementation of new regulations or programs designed to increase the volume of reclaimed water used and public acceptance of reclaimed water. 4.0 CAPITAL IMPROVEMENTS 4.1 Work Plan Projects The work plan projects for both MDWASD and the NMB utilities are described in the agency's work plans which have been incorporated by reference. May 12, 2009 15 City of A ventura Water Supply Facilities Work Plan The ones that directly affect the City of Aventura are MDWASD's Floridan Aquifer Blending Wellfield at Hialeah/Preston (4.7 MGD, $10.3M) and the New Upper Floridan Aquifer Reverse Osmosis WTP (8.5 MGD, $93M) and NMB's Floridan Aquifer Reverse Osmosis (RO) Water Treatment Plant (13 MGD, $28.5 M), 4.2 Capital Improvements Element/Schedule The capital improvement projects for both MDWASD and the NMB utilities are described in their respective work plans, MDWASD is in the process of completing the Floridan Aquifer Blending Wellfield at Hialeah/Preston (4.7 MGD, $10.3M) and the New Upper Floridan Aquifer Reverse Osmosis WTP (8.5 MGD, $93M). The City of NMB is developing the Floridan Aquifer Reverse Osmosis (RO) Water Treatment Plant (13 MGD, $28.5 M). May 12,2009 16 City of A ventura Water Supply Facilities Work Plan 5.0 GOALS, OBJECTIVES AND POLICIES The following goals, objectives and policies are 1) related to water supply planning and use; 2) contained in the City's Comprehensive Plan; and 3) adopted as the goals, policies and objectives of the Work Plan. Underlined provisions indicate proposed additions to existing text. Stricken through provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. LAND USE ELEMENT OBJECTIVE 7 All public and private activities regarding the use, development and redevelopment of land and the provision of urban services and infrastructure shall be consistent with the goals, objectives and policies of this and all elements of the Comprehensive Plan, recognized Population Estimates and Projections, and future uses designated on the adopted Future Land Use Plan (FLUP) map. Measure: Number of development actions that are inconsistent with the Goals, Objectives and Policies of the adopted Aventura Comprehensive Plan. Policy 7.1 All development orders authorizing a new land use or development, or redevelopment, or significant expansion of an existing use shall be contingent upon an affirmative finding that the development or use conforms to, and is consistent with the goals, objectives and policies of the Plan including the Land Use Plan Map. Policy 7.2 The City. throuqh its Land Development Requlations and in coordination with the Ten-Year Water Supply Facilities Work Plan will coordinate current land uses and any future land use chanqes with the availability of water supply system. Policy 7.3 The City shall require proposed amendments to the Future Land Use Map provide data and analysis demonstratinq adequate water supply and facilities are available. ,# May 12,2009 17 City of A ventura Water Supply Facilities Work Plan INFRASTRUCTURE ELEMENT Infrastructure Goal 1 Provide for potable water and sanitary sewer facilities which meet the city's needs in a manner that promotes the public health, environmental protection, and economic opportunity. OBJECTIVE 1 The City of Aventura shall continue to coordinate service to ensure the orderly and efficient provision of water and sewer services at adopted levels of service. Policy 1.1 All new uses within the City shall be connected to a public water supply. Exceptions may be provided for residential uses at a density no greater than two units per acre, where primary drinking water quality standards as specified in the Florida Administrative Code can be met without treatment and the groundwater is free from saltwater intrusion. OBJECTIVE 2 The City of Aventura shall continue to coordinate service with a provider who maintains procedures to ensure that any facility deficiencies are corrected and that adequate facility capacity will be available to meet future needs. Policy 2.1 To assure an adequate level of service, potable water and sanitary sewer facilities shall meet the following level of service standards, as adopted by Miami-Dade County Water and Sewer Department and the City of North Miami Beach, the City's current service provider~, 1) Potable Water Supply Area Serviced bv Miami-Dade Water & Sewer Deoartment (a) The system shall operate with a rated maximum daily capacity which is no less than 2 percent above the maximum daily flow for the preceding year, and an average daily capacity 2 percent above the average daily ~8r €ia~ita system demand for the preceding 5 years. (b) Water shall be delivered to users at a pressure no less than 20 pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the May 12, 2009 18 City of A ventura Water Supply Facilities Work Plan Miami-Dade Fire Department, minimum fire flow based on the land use served shall be maintained as follows: Land Use Single Family Residential/Estate Single Family, Duplex, and Residential on minimum lots of 7,500 sf. Multi-Family Residential Semiprofessional Offices, Hospitals, Schools Business and Industry Min. Fire Flow 500 gal/min 750 gal/min 1,500 gal/min 2,000 gal/min 3,000 gal/min (c) Water quality shall meet all federal, State and County primary standards for potable water. (d) System-wide storage capacity for finished water shall equal no less than 15 percent of the system average daily demand. Area Serviced bv the City of North Miami Beach Potable Water: the City's water system shall provide 144 Qallons per person per day at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a water pressure of 40 pounds per square inch (psi) althouQh 20 psi is the leQal minimum. Policy 2.3 Except as provided by Objective 1 and the supporting policies, no development order authorizing new development or a significant expansion of an existing use shall be issued for any area of the City which is served by a potable water or sanitary sewer facility which does not meet the standards in Policy 2.1 or will not meet these standards concurrent with the completion of the development. In any case where these federal, state, or county standards referenced in Policy 2.1 are revised, a reasonable time for compliance with the new standards shall be allowed. Prior to approvinQ a buildinQ permit. the City shall require that adequate water supplies to serve the new development will be available no later than the anticipated date of a certificate of occupancy or its functional equivalent. Policy 2.4 The provider shall maintain procedures and programs to monitor levels of service of each facility for use by agencies which issue development orders or permits. May 12,2009 19 City of A ventura Water Supply Facilities Work Plan Policy 2.6 The City shall continue to coordinate with a provider who shall continue the expansion of existing water and wastewater treatment plants to meet demand through the year ~ 2025. Policy 2.7 The City shall create and adopt a Ten-Year Water Supply Facilities Work Plan that is consistent with the South Florida Water Manaaement District's Lower East Coast Reaional Water Supply Plan. Miami-Dade Water and Sewer Department Water Supplv Facilities Work Plan Report. prepared bv COM. dated November 26. 2007. and the City of North Miami Beach 10-Year Water Supplv Facilities Work Plan prepared by MHE. dated May 2008. The City's Work Plan will be updated within 18 months after the South Florida Water Manaaement District's Lower East Coast Reaional Water Supply Plan. Miami-Dade Water and Sewer Department's Work Plan, and the City of North Miami Beach's Work Plan are updated, The City of Aventura, Florida. Water Supply Facilities Work Plan dated December 9. 2008 revised Mav 12. 2009. is herby adopted by reference, OBJECTIVE 4 The City shall develop and implement a comprehensive water conservation program to ensure that a sufficient, economical supply of fresh water is available to meet current and future demand for potable water without degrading the environment. Policy 4.1 The City's newsletter shall be used to promote an educational program for residential, commercial and industrial consumers which will discourage waste and conserve water. Policy 4.2 Enforce requirements, and establish new requirements and procedures as needed, to assure that low water usage plumbing fixtures are used in all new buildings or in conjunction with permitted renovations in accord with the South Florida Building Code, Miami-Dade County addition and the Florida's Water Conservation Act, Section 553,14, F.S, Improved procedures to conserve water for plumbing inspections and mechanisms for approving products for installation shall be considered by the City's Building Division. Policy 4.3 The City of Aventura Community Services Department shall take all necessary steps to ensure compliance with the City's landscape regulations, and shall establish May 12, 2009 20 City of A ventura Water Supply Facilities Work Plan mechanisms to monitor and measure the effectiveness of the ordinance and its major provisions. OBJECTIVE 5 The City of Aventura shall undertake timely efforts to expand traditional sources of raw water and develop new raw water sources to meet the City's level of service standards for water supply. Policy 5.1 The City of Aventura shall encourage support Miami-Dade County and the City of North Miami Beach in the development of its future potable water supplies, to the maximum extent feasible, utilize methods which preserve the integrity of the Biscayne Aquifer, protect the quality of surface water and related ecosystems, and comply with the land use and environmental protection policies of the Miami-Dade County CDMP, the City of North Miami Beach, the Strategic Regional Policy Plan for South Florida, and the State Comprehensive Plan. Policy 5.2 When reclaimed water becomes available, the City shall consider its use on public and private properties. Currently, the Miami-Dade Water and Sewer Department and the City of North Miami Beach +s are responsible for implementing any reuse that is deemed by the County to be economically feasible. Policy 5.3 The City shall create a Ten-Year Water Supply Facilities Work Plan that is consistent with review the '.'later supply f-3cility the work plans of Miami-Dade County MDWASD and the City of North Miami Beach, as they are adopted and/or periodically updated, in order to identify alternative projects that will increase its water supply, and shall coordinate with Miami-Dade County and the City of North Miami Beach, as appropriate, in the implementation of these projects. Infrastructure Goal 2 OBJECTIVE 2 The aquifer recharge and water storage capacity of presently undeveloped areas shall be maintained or increased. Additionally, the City shall protect against environmental damage such as altering hydro cycles. Policy 2.3 May 12, 2009 21 City of A ventura Water Supply Facilities Work Plan Water conserving irrigation and other landscape practices such as Xeri&6a~e Florida Friendlv shall be used wherever feasible. Through its site and landscape reviews, Aventura shall ensure that appropriate native and }{eri&6a~e Florida Friendlv plant materials are used, particularly where public water is used to water lawns, golf courses and landscaped green spaces. Policy 2.4 The City shall consider participation in water reuse demonstration projects that are developed. AQUIFER RECHARGE GOAL To protect the City's natural drainage features and enhance the capabilities of the groundwater recharge areas. OBJECTIVE 1 The City shall support the efforts of the County Miami-Dade County Water and Sewer Department and the City of North Miami Beach to identify significant ground water resources and protect them through land use controls, public acquisition, easements or other appropriate methods. Policy 1.1 The City shall implement a program to monitor groundwater supply conditions in conjunction with tJ::le Miami-Dade County and the South Florida Water Management District. Policy 1.2 The City, in conjunction with Miami-Dade County, shall develop and adopt minimum environmental standards regarding: prime recharge area protection, water table manipulation, and wellfield drawdown standards. Policy 1.3 The City shall institute a comprehensive program responsible for educating businesses and residents of: the County's current water conservation policies, the fragility of the aquifer, methods to reuse and conserve water, well abandonment problems and rules, and benefits of drought resistant plants ()mri&6a~Cl Florida Friendlv). Policy 1.4 May 12,2009 22 City of A ventura Water Supply Facilities Work Plan The City shall adopt policies to protect the Biscayne aquifer, These shall include policies which address: 1, Public wellfield and landfill siting 2. Siting of industrial land uses which use hazardous materials or generate hazardous waste 3. Siting of hazardous waste collection facilities for households 4. Additional protection of the aquifer from saltwater intrusion 5. If necessary, support the expansion of the Hazardous Material Emergency Response Team CAPITAL IMPROVEMENTS ELEMENT CAPITAL IMPROVEMENT GOAL Aventura shall, in a fiscally prudent manner, plan for and manage its facilities and infrastructure in order to adequately serve current and future residents while efficiently using and maintaining existing public investments, and making timely provision of required new capital investment. [9J-5,016(3)(a)] OBJECTIVE 2 Upon adoption of this Plan, land use decisions will be made in the context of available fiscal resources such that scheduling and providing capital facilities for new development will not degrade adopted service levels and/or negatively impact hurricane evacuation clearance times. [9J-5.016(3)(b)(4)] Policy 2.4 The Five-Year Capital Improvements Program, or the City's contract providers as appropriate, shall incorporate the identified capital investments from each functional element and will be based on the following LOS standards: [9J-5,016(3)(c)4] Potable Water Supply Area Serviced bv Miami-Dade Water & Sewer Department: a) The treatment system shall operate with a rated maximum daily capacity which is no less than two percent (2%) above the maximum daily flow for the preceding year, and an average daily capacity two percent (2%) above the average daily ~8r €la~ita system demand for the preceding five (5) years. Water shall be delivered to users at a pressure no less than twenty (20) pounds per square inch (psi) and no greater than 100 psi. Unless May 12, 2009 23 City of A ventura Water Supply Facilities Work Plan otherwise approved by the Miami-Dade Fire Department or successor entity, minimum fire flow, based on the land use served, shall be maintained as follows: Minimum Fire Flow Land Use Gallons per Minute Single Family Residential Estate Density 500 Single Family and Duplex Residential on Minimum lots 750 of 7,599 ft2 Multi-family Residential, Semiprofessional Offices 1,500 Hospitals, Schools 2,000 Business and Industry 3,000 b) Water quality shall meet all federal, state and county primary standards for potable water. c) System-wide storage capacity for finished water shall equal no less than fifteen (15) percent of the system-wide average daily demand. Area Serviced bv the City of North Miami Beach Potable Water: the City's water system shall provide 144 aallons per person per day at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a water pressure of 40 pounds per square inch (psi) althouah 20 psi is the leaal minimum. INTERGOVERNMENTAL COORDINATION ELEMENT INTERGOVERNMENTAL COORDINATION GOAL Use intergovernmental coordination as a major means of ensuring consistency among local, county and regional government plans and policies and of implementing Aventura's Comprehensive Plan. OBJECTIVE 2 Coordinate with local, regional, and state entities with responsibilities In the establishment of Level of Service standards. Policy 2.3 The City sh:::lIl support, as appropri3te, Mi3mi Dade County's :md North Mi3mi Be3oh's development 3nd implement3tion of tho 'Nater Supply F30ilities 'Nork PI3n required by Florida Statute and the '.".later conserv:ltion efforts of other 3genoies. May 12,2009 24 City of A ventura Water Supply Facilities Work Plan The City shall ensure coordination of its comprehensive plan with the most current South Florida Water ManaQement District Lower East Coast Reaional Water Suoolv Plan Uodate as well as the Miami-Dade County 'Nater aAQ Sewer DEll3aRFF1eAt and the City of North Miami Beach Water Supplv Facilitv Work Plans when proposinQ and/or amendinQ the City's Ten-Year Water Supplv Facilities Work Plan. The City's Work Plan shall be updated within 18 months after the South Florida Water ManaQement District updates the Lower East Coast ReQional Water Supplv Plan to remain consistent with the reaional water suoolv olan. The City shall maintain a record of City staff attendance and participation in appropriate interQovernmental and/or multi-jurisdictional coordination efforts (i.e. meetinQs. workshops. committees, aQreements. etc.). Policv 2.4 The City shall ensure and identify the consistency of local level of service standards bv annuallv contactinQ Miami-Dade County Water and Sewer Department and the City of North Miami Beach as the City's service providers. to obtain and share current information. includinQ populations. level of services. service areas. water supplv facilities. implementation schedule of reauired potable water conservation and reuse measures and evaluate if future modification to either the service aQreement or level of service standards should be included in subseauent Comprehensive Plan Amendments. This contact may be bv way of meetinQ of the Miami-Dade Planners Technical Committee or bv mutuallv aQreed upon tri-partv meetinQs. Policv 2.5 The Citv shall coordinate with the Miami-Dade Water and Sewer Deoartment and with the Citv of North Miami Beach to ensure that water service to the areas served bv the Countv and NMB will be orovided based on the aoolicable Level of Service standard, CONSERVATION & COASTAL MANAGEMENT ELEMENT The goals, objectives, and policies for the conservation element have been combined with the goals, objectives, and policies for the coastal management element because they are complementary within a coastal community such as Aventura. CONSERVATION GOAL To achieve a balanced environmental system that conserves, encourages the thoughtful use, and protection of resources, and natural environmental systems while considering the existing built environment. [9J-5,Q13(2)(a)] OBJECTIVE 8 May 12, 2009 25 City of A ventura Water Supply Facilities Work Plan Secure the provision of potable water in sufficient quantity to meet present and projected needs commensurate with reasonable anticipated demand. Policy 8.2 In order to comply with policies of the South Florida Water Management District directed toward conservation of potable water supply and to achieve a reduction in the current rates of water consumption the following performance standards shall apply: · Where non-potable alternative sources of irrigation water are available potable water supplies may not be used to meet irrigation needs. · The City of Aventura shall encour3ge coordinate with the Miami-Dade Water and Sewer Department (MDWASD) and the City of North Miami Beach to study the feasibility of using reclaimed water as one method of reducing the amounts of potable water used for non-potable activities. · Require the use of water-saving plumbing fixtures in all new developments as required by Miami-Dade County Ordinance 08-14. · Require the use of water-saving plumbing fixtures when plumbing fixtures are replaced or retrofitted. · In order to reduce demand for irrigation water (which in turn often places greater demand upon potable water sources), at least seventy percent (70%) of all landscaping material obtained from off-site sources for use on any site should be native plant material adapted to soil and climatic conditions existing on the subject site such as landscapinQ principles identified in FDEP LandscapinQ Irriqation and Florida-Friendly DesiQn Standards. · To further reduce water demand at least fifty percent (50%) of all trees used in landscaping shall be native species adapted to soil and climatic conditions existing on-site. Landscape principals identified in the FDEP Landscapina Irriaation and Florida Friendlv Desian Standards should be utilized. Policy 8.3 The City of Aventura will cooperate with MDWASD and the City of North Miami Beach to require that before the issuance of a buildinQ permit or its functional equivalent. adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local Qovernment of a certificate of occupancy or its functional equivalent. May 12, 2009 26 City of A ventura Water Supply Facilities Work Plan Policy 8.3 Policy 8.~ The City of Aventura shall continue to cooperate with local, regional, state and federal agencies for the management of fresh water resources to maintain adequate fresh water supplies during dry periods and to, when practicable, conserve water. Policy 8.4 Policy 8.~ The City of Aventura shall continue to cooperate with MDWASD. the City of North Miami Beach and the South Florida Water Management (SFWMD) for the implementation of water demand management policies and programs. Policy 8.5 Policy 8.~ The City of Aventura shall continue to require compliance with all applicable federal, state, regional and county water quality standards. Polisy 8.6 Policy 8.1 The City of Aventura shall cooperate with MDWASD. the City of North Miami Beach and the SFWMD to conserve water resources during emergencies. Policy 8.7 Policy 8.~ The City shall adopt a Ten-Year Water Supply Facilities Work Plan. The City shall coordinate implementation of the Work Plan's ooals. obiectives and policies with the work plans of support, as appropriate, the South Florida Water Manaoement District. Miami-Dade County Water and Sewer Department and the City of North Miami Beach.:. in their development and implementation of the \j\later Supply Facilities \Norkplan required by Florida Statute, The City shall also coordinate its efforts to conserve water with the efforts of these aoencies in their aM tRe water conservation efforts and other agencies. May 12, 2009 27 City of A ventura Water Supply Facilities Work Plan ~ .. .. i! ~ .. .. " ~ > ~ <( .. .. 5 5 c '" ... i N to W . oj 10 oj Z Z Z A () Not to Scale - _ Serviced by Mlaml-Cado WASA _ Serviced by City Df North Miami Beach Sources: Miami-Dade WASD Water Supply Facilities Work Plan North MiamI Beach 1o-Year Water Supply Facilities Work Plan May 12,2009 28 ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING A TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT, THE INFRASTRUCTURE ELEMENT, THE CAPITAL IMPROVEMENTS ELEMENT, THE INTERGOVERNMENTAL CO-ORDINATION ELEMENT AND THE CONSERVATION & COASTAL MANAGEMENT ELEMENT OF THE CITY OF AVENTURA COMPREHENSIVE PLAN TO IMPLEMENT THE CITY OF AVENTURA TEN-YEAR WATER SUPPLY FACIIL TIES WORK PLAN REQUIRED PURSUANT TO CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2002, 2004 and 2005 the Florida Legislature expanded local government comprehensive plan requirements to strengthen coordination of water supply planning in the State; and WHEREAS, Section 163,3177, Florida Statutes requires that local comprehensive plans must coordinate with the appropriate water management district's regional water supply plan; and WHEREAS, the City of Aventura proposes to adopt a Ten-Year Water Supply Facilities Work Plan; and WHEREAS, the City of Aventura has proposed amendments to the Future Land Use, Infrastructure, Capital Improvements, Intergovernmental Coordination, and Conservation and Coastal Management Elements of the Comprehensive Plan to implement the Ten-Year Water Supply Facilities Work Plan and to coordinate water supply planning in order to comply with State Statute; and WHEREAS, at a public hearing on January 13, 2009, the City of Aventura Local Planning Agency reviewed the proposed Ten-Year Water Supply Facilities Work Plan and the amendments to the Comprehensive Plan elements, found the proposed changes to be consistent with the City of Aventura Comprehensive Plan and recommended approval Ordinance No. 2009-_ Page 2 of 13 of the Ten-Year Water Supply Facilities Work Plan and comprehensive plan amendments to the City Commission. WHEREAS, the City Commission finds that the proposed amendments will not result in impacts on any infrastructure system that will exceed established level of service standards and are otherwise consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Aventura; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the Comprehensive Plan to adopt a Ten-Year Water Supply Facilities Work Plan and to adopt the amendments to the Future Land Use, Infrastructure, Capital Improvement, Intergovernmental Coordination, and Conservation and Coastal Management Elements to strengthen coordination of water supply planning and local land use planning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOllOWS: Section 1. FindinQs. The foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. The Ten-Year Water Supply Facilities Work Plan dated December 9, 2008, Revised Mav 12. 2009, attached as Exhibit #1 to this Ordinance, is hereby adopted as the water supply facilities work plan for the City of Aventura. Section 3. Amendments to the Future land Use Element. The Future Land Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1: Policy 7.2 is added to Objective 7 to provide for coordination of current and future land uses with the availability of water supply. 1Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. Double-underlined text indicates additions as a result of the Objections, Recommendations and Comments (ORC) Report by the State of Florida Department of Community Affairs, Q€ll.llolle &trisl~BR tt.:lr€ll.l~t.:l text indicates deletions as a result of the ORC Report, Remaining provisions are now in effect and remain unchanged, Ordinance No. 2009- Page 3 of 13 Policy 7.2 The City. throuqh its Land Development Requlations and in coordination with the Ten- Year Water Supplv Facilities Work Plan will coordinate current land uses and any future land use chanqes with the availabilitv of water supplv system. Policy 7.3 is added to Objective 7 to require that proposed amendments to the Future Land Use Map provide data and analysis demonstrating adequate water supply and facilities Policy 7.3 The City shall require proposed amendments to the Future Land Use Map provide data and analvsis demonstratinq adequate water supplv and facilities are available. Section 4. Amendments to the Infrastructure Element. The Infrastructure Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1: INFRASTRUCTURE GOAL 1 - Policy 2.1 of Objective 2 is amended to add Level of Services standards for Potable Water Supply for the City of North Miami Beach, which services a portion of the City of A ventura Policy 2.1 To assure an adequate level of service, potable water and sanitary sewer facilities shall meet the following level of service standards, as adopted by Miami-Dade County Water and Sewer Department and the City of North Miami Beach, the City's current service provider~. 1) Potable Water Supply Area Serviced bv Miami-Dade Water & Sewer Department (a) The system shall operate with a rated maximum daily capacity which is no less than 2 percent above the maximum daily flow for the preceding year, and an average daily capacity 2 percent above the average daily I9sr €lEll3itEl system demand for the preceding 5 years, (b) Water shall be delivered to users at a pressure no less than 20 pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade Fire Department, minimum fire flow based on the land use served shall be maintained as follows: Ordinance No, 2009- Page 4 of 13 Land Use Single Family Residential/Estate Single Family, Duplex, and Residential on minimum lots of 7,500 sf. Multi-Family Residential Semiprofessional Offices, Hospitals, Schools Business and Industry Min. Fire Flow 500 gal/min 750 gal/min 1,500 gal/min 2,000 gal/min 3,000 gal/min (c) Water quality shall meet all federal, State and County primary standards for potable water. (d) System-wide storage capacity for finished water shall equal no less than 15 percent of the system average daily demand, Area Serviced bv the City of North Miami Beach Potable Water: the City's water system shall provide 144 qallons per person per day at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a water pressure of 40 pounds per square inch (psi) althouqh 20 psi is the leqal minimum. Policy 2.3 of Objective 2 is amended to require that adequate water supply is available concurrent with the impact of the development Policy 2.3 Except as provided by Objective 1 and the supporting policies, no development order authorizing new development or a significant expansion of an existing use shall be issued for any area of the City which is served by a potable water or sanitary sewer facility which does not meet the standards in Policy 2.1 or will not meet these standards concurrent with the completion of the development. In any case where these federal, state, or county standards referenced in Policy 2.1 are revised, a reasonable time for compliance with the new standards shall be allowed. Prior to approvinq a buildinq permit. the City shall require that adequate water supplies to serve the new development will be available no later than the anticipated date of a certificate of occupancy or its functional equivalent. Policy 2.6 of Objective 2 is amended to extend the year from 2015 to 2025 Policy 2.6 The City shall continue to coordinate with a provider who shall continue the expansion of existing water and wastewater treatment plants to meet demand through the year ~ 2025. Ordinance No. 2009- Page 5 of 13 Policy 2. 7 of Objective 2 is added to create and adopt a Water Supply Facilities Work Plan by reference Policy 2.7 The City shall create and adopt a Water Supply Facilities Work Plan that is consistent with the South Florida Water ManaQement District's Lower East Coast ReQional Water Supply Plan. Miami-Dade Water and Sewer Department~ Water Suoolv Facilities Work Plan Reoort, oreoared bv COM. dated November 26.2007. and the City of North Miami Beach~ 10-Year Water Suoolv Facilities Work Plan oreoared bv MHE. dated Mav 2008. The City's Work Plan will be updated within 18 months after the South Florida Water ManaQement District's Lower East Coast ReQional Water Supply Plan. Miami- Dade Water and Sewer Department's Work Plan, and the City of North Miami Beach's Work Plan are updated. The City of Aventura. Florida, Water Supply Facilities Work Plan dated December 9. 2008. revised Mav 12. 2009. is hereby adopted by reference. Policies 5. 1 and 5.2 of Objective 5 are amended to add the City of North Miami Beach Policy 5.1 The City of Aventura shall encourage support Miami-Dade County and the City of North Miami Beach in the development of fts future potable water supplies, to the maximum extent feasible, utilize methods which preserve the integrity of the Biscayne Aquifer, protect the quality of surface water and related ecosystems, and comply with the land use and environmental protection policies of the Miami-Dade County CDMP, the City of North Miami Beach, the Strategic Regional Policy Plan for South Florida, and the State Comprehensive Plan. Policy 5.2 When reclaimed water becomes available, the City shall consider its use on public and private properties. Currently, the Miami-Dade Water and Sewer Department and the City of North Miami Beach ffi. are responsible for implementing any reuse that is deemed by the County to be economically feasible. Policy 5.3 of Objective 5 is amended to create a Water Supply Facilities Work Plan Policy 5.3 The City shall create a Ten-Year Water Supply Facilities Work Plan that is consistent with reviev.' tho '.vater supply facility the work plans of Miami-Dade County MDWASD and the City of North Miami Beach, as they are adopted and/or periodically updated, in order to identify alternative projects that will increase its water supply, and shall Ordinance No, 2009-_ Page 6 of 13 coordinate with Miami-Dade County and the City of North Miami Beach, as appropriate, in the implementation of these projects. INFRASTRUCTURE GOAL 2 - Policv 2.3 of Obiective 2 is amended to reolace theword ''xeriscaoe'' with "Florida Friendlv" Policy 2.3 Water conserving irrigation and other landscape practices such as Xer:is@Gll3e Florida Friendlv shall be used wherever feasible, Through its site and landscape reviews, Aventura shall ensure that appropriate native and xsriss813B Florida Friendly plant materials are used, particularly where public water is used to water lawns, golf courses and landscaped green spaces, Objective 1 of the Aquifer Recharge Goal in the Infrastructure Element is amended to add Miami-Dade County Water and Sewer Department and the City of North Miami Beach, and Policv 1.3 is amended to reolace the word ''xeriscaoe'' with "Florida Friendlv". The City shall support the efforts of the County Miami-Dade County Water and Sewer Department and the City of North Miami Beach to identify significant ground water resources and protect them through land use controls, public acquisition, easements or other appropriate methods. Policy 1.3 The City shall institute a comprehensive program responsible for educating businesses and residents of: the County's current water conservation policies, the fragility of the aquifer, methods to reuse and conserve water, well abandonment problems and rules, and benefits of drought resistant plants (}{Bris@Gll3e Florida Friendlv) Section 5. Amendment to Capital Improvements Element. The Capital Improvements Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1 : Policy 2.4 of Objective 2 is amended to add Level of Services standards for Potable Water Supply for Miami-Dade Water and Sewer Department and for the City of North Miami Beach which both service a portion of the City of A ventura Policy 2.4 Ordinance No. 2009- Page 7 of 13 The Five-Year Capital Improvements Program, or the City's contract providers as appropriate, shall incorporate the identified capital investments from each functional element and will be based on the following LOS standards: [9J-5.016(3)(c)4] Potable Water Supply Area Serviced bv Miami-Dade Water & Sewer Deoartment: a) The treatment system shall operate with a rated maximum daily capacity which is no less than two percent (2%) above the maximum daily flow for the preceding year, and an average daily capacity two percent (2%) above the average daily filer €lElfilitQ system demand for the preceding five (5) years. Water shall be delivered to users at a pressure no less than twenty (20) pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade Fire Department or successor entity, minimum fire flow, based on the land use served, shall be maintained as follows: Minimum Fire Flow Land Use Gallons per Minute Single Family Residential Estate Density 500 Single Family and Duplex Residential on Minimum lots 750 of 7,599 ft2 Multi-family Residential, Semiprofessional Offices 1,500 Hospitals, Schools 2,000 Business and Industry 3,000 b) Water quality shall meet all federal, state and county primary standards for potable water. c) System-wide storage capacity for finished water shall equal no less than fifteen (15) percent of the system-wide average daily demand. Area Serviced bv the Citv of North Miami Beach Potable Water: the City's water system shall provide 144 oallons per person per day at a pressure of 40 pounds per square inch (psi), The City attempts to maintain a water pressure of 40 pounds per square inch (psi) althouoh 20 psi is the leoal minimum. Ordinance No. 2009-_ Page 8 of 13 Section 6. Amendment to the Interaovernmental Coordination Element. The Intergovernmental Coordination Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1 : Policy 2.3 of Objective 2 is amended to specify coordination and consistencv among the work plans of the South Florida Water Management District, Miami-Dade Water and Sewer Department and the City of North Miami Beach with the City of A ventura Work Plan Policy 2.3 The City shall support, 3S 3pproprbte, Mbmi D3de County's and North Miami Beach's development and implementation of the 'N3ter Supply Facilities 'Nork Plan required by Florida St3tute 3nd the 'Nater conservation efforts of other 3gencies. The City shall ensure coordination of the comprehensive plan with the most current South Florida Water Manaoement District Lower East Coast Reaional Water Suooly Plan Uodate as well as the Miami-Dade County 'Neter eRa SElv:sr blSl38Rm€mt and the City of North Miami Beach Water Supply Facilitv Work Plans when proposino and/or amendino the City's Ten-Year Water Supply Facilities Work Plan, The City's Work Plan shall be updated within 18 months after the South Florida Water Manaoement District updates the Lower East Coast Reoional Water Supply Plan to remain consistent with the reaional water suoolv olan. The City shall maintain a record of City staff attendance and participation in appropriate interoovernmental and/or multi-jurisdictional coordination efforts (Le, meetinos. workshops. committees, aoreements), Policy 2.4 of Objective 2 is added to identify and ensure consistency of level of service standards between the City of A ventura, Miami-Dade Water and Sewer Department and the City of North Miami Beach and sharina of information Policy 2.4 The City shall ensure and identify the consistency of local level of service standards by annually contactino Miami-Dade County Water and Sewer Department and the City of North Miami Beach as the City's service providers. to obtain and share current information, includino populations, level of services. service areas. water supply facilities, implementation schedule of required potable water conservation and reuse measures and evaluate if future modification to either the service aoreement or level of service standards should be included in subsequent Comprehensive Plan Amendments. This contact may be by way of meetino of the Miami-Dade Planners Technical Committee or by mutually aoreed upon tri-party meetinos. Ordinance No. 2009-_ Page 9 of 13 Policv 2.5 of Obiective 2 is added to Drovide that the Citv will coordinate with its sUDDliers to ensure that water service to the areas served bv the Countv and the Citv of North Miami Beach will be Drovided based on the aDDlicable Level of Service standard. Policv 2.5 The City shall coordinate with Miami-Dade Water and Sewer Deoartment and with the City of North Miami Beach to ensure that water service to the areas served by the County and the city of North Miami Beach will be orovided based on the aoolicable Level of Service standard. Section 7. Amendment to the Conservation and Coastal Manaaement Element. The Conservation and Coastal Management Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1: Policy 8.2 of Objective 8 is amended to add the City of North Miami Beach; add the recently approved Miami-Dade County Ordinance 08-14 regarding efficient plumbing fixtures; add reference to water saving irrigation standards; and add reference to the Florida DeDartment of Environmental Protection LandscaDe Irriaation and Florida Friendlv Desian Standards. Policy 8.2 In order to comply with policies of the South Florida Water Management District directed toward conservation of potable water supply and to achieve a reduction in the current rates of water consumption the following performance standards shall apply: · Where non-potable alternative sources of irrigation water are available potable water supplies may not be used to meet irrigation needs. · The City of Aventura shall encourage coordinate with the Miami-Dade Water and Sewer Department (MDWASD) and the City of North Miami Beach to study the feasibility of using reclaimed water as one method of reducing the amounts of potable water used for non-potable activities. · Require the use of water-saving plumbing fixtures in all new developments as required by Miami-Dade County Ordinance 08-14. · Require the use of water-saving plumbing fixtures when plumbing fixtures are replaced or retrofitted. Ordinance No. 2009- Page 1 0 of 13 · In order to reduce demand for irrigation water (which in turn often places greater demand upon potable water sources), at least seventy percent (70%) of all landscaping material obtained from off-site sources for use on any site should be native plant material adapted to soil and climatic conditions existing on the subject site such as landscapinQ principles identified in FDEP LandscapinQ IrriQation and Florida-Friendly DesiQn Standards. · To further reduce water demand at least fifty percent (50%) of all trees used in landscaping shall be native species adapted to soil and climatic conditions existing on-site. Landscapina principles identified in FDEP Landscapina Irriaation and Florida Friendlv Desian Standards should be utilized. Policy 8.3 of Objective 8 is added to provide for coordination regarding the availability of water supplies to serve new development prior to a certificate of occupancy Policy 8.3 The City of Aventura will cooperate with MDWASD and the City of North Miami Beach to reauire that before the issuance of a buildina permit or its functional eauivalent adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local Qovernment of a certificate of occupancy or its functional eauivalent. Policies 8.3 through 8. 7 of Objective 8 are renumbered and newly numbered Policies 8.5 and 8. 7 are amended to add the City of North Miami Beach PoliGY 8.3 Policy 8.~ The City of Aventura shall continue to cooperate with local, regional, state and federal agencies for the management of fresh water resources to maintain adequate fresh water supplies during dry periods and to, when practicable, conserve water. Policy 8.4 Policy 8.~ The City of Aventura shall continue to cooperate with MDWASD. the City of North Miami Beach and the South Florida Water Management (SFWMD) for the implementation of water demand management policies and programs. Policy 8.5 Policy 8.,2 The City of Aventura shall continue to require compliance with all applicable federal, state, regional and county water quality standards. Ordinance No. 2009- Page 11 of 13 Policy 8.6 Policy 8.1 The City of Aventura shall cooperate with MDWASD, the City of North Miami Beach and the SFWMD to conserve water resources during emergencies. Newly numbered Policy 8.8 of Objective 8 is amended to adopt the City's Ten-Year Water Supply Facilities Work Plan and ensure future coordination with the appropriate agencies Policy 8.7 Policy 8.~ The City shall adopt a Ten-Year Water Supply Facilities Work Plan, The City shall coordinate implementation of the Work Plan's ooals, obiectives and policies with the work plans of support, as :::lppropriate, the South Florida Water Manaoement District Miami-Dade County Water and Sewer Department and the City of North Miami Beach.:. in their development and implement:::ltion of the 'Nater Supply Facilities VVorkpl:::ln required by Florid3 St3tute, The City shall also coordinate its efforts to conserve water with the efforts of these aoencies in their aAG tAe water conservation efforts and other agencies. Section 8. Severability, That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Inclusion in the Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura. Section 10. Transmittal. That the City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs and other agencies as required under Chapter 163, Part II of the Florida Statutes. Section 11. Effective Date. That this Ordinance shall be effective immediately upon passage by the City Commission on second reading, except that the effective date of the amendments adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs or Administration Commission Ordinance No. 2009- Page 12 of 13 finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. The Florida Department of Community Affairs' notice of intent to find the Plan Amendments in compliance shall be deemed to be a final order if no timely petition challenging the Plan Amendment is filed pursuant to Chapter 163, Florida Statutes. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Michael Stern Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Michael Stern Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb PASSED on first reading this 13th day of January, 2009, Ordinance No. 2009- Page 13 of 13 PASSED AND ADOPTED on second reading this 2nd day of June, 2009. Susan Gottlieb, Mayor ATTEST: TERESA M, SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, Ci TO: City Commission DATE: May 19, 2009 SUBJECT: Resolution Adopting in Principle e Capital Improvement Program Document 2009/10 to 2013/14 June 2, 2009 City Commission Meeting Agenda Item ...J.... RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution adopting, in principle, subject to annual revision and authorization, the Capital Improvement Program for 2009/10 to 2013/14. BACKGROUND The 2009/10 to 2013/14 Capital Improvement Program document was reviewed at the May Commission Workshop Meeting. If you have any questions, please feel free to contact me. EMS/act Attachment CC01656-09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2009/10 TO 2013/14 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Program document for fiscal years 2009/10 to 2013/14, attached hereto was presented and recommended to the City Commission of the City of Aventura by the City Manager as a long term plan of proposed capital expenditures, the means and methods of financing the projects and an action plan for the implementation of the projects; and WHEREAS, the City Commission recognizes the need to adopt a Capital Improvement Program to address Beautification and Parks, Transportation, Drainage and Infrastructure Improvements, Public Buildings and Facilities, Information Technology and Capital Equipment Purchase and Replacement which represents a commitment by the community toward achievement and maintenance of a desirable high quality of life for all residents; and WHEREAS, the City Commission recognizes the need to formulate a Capital Improvement Program which adopts a sound financing plan; and WHEREAS, the City Commission has reviewed the Capital Improvement Program document at a public meeting of the City Commission and wishes to adopt said document in concept. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby accepts and adopts in principle, subject to annual revisions and authorization, the City of Aventura Capital Improvement Program document for fiscal years 2009/10 to 2013/14 attached hereto and incorporated herein as specifically as if set out at length herein. Section 2. The City Manager be and the same is hereby authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 3. This Resolution shall take effect immediately upon adoption. The foregoing resolution was offered by Commissioner _' who moved its adoption. The motion was seconded by Commissioner _, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2009-_ Page 2 PASSED AND ADOPTED this 2nd day of June, 2009. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPRN~~Y CITY ATTORNEY SUSAN GOTTLIEB, MAYOR r r r r r r r r r r r r r r r r r r r City of A ventura Capital Improvement Program 2009/10 - 2013/14 r r r r r r r r l r r r r r l r r r r CAPITAL IMPROVEMENT PROGRAM 2009/10 - 2013/14 ~@ 'e'\"'~ G~ of E%Ce~ CITY OF AVENTURA CITY COMMISSION Mayor Susan Gottlieb Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg CITY MANAGER Eric M. Soroka DEPARTMENT DIRECTORS Weiss Serota Helfman Pastoriza Cole & Boniske, P.A., City Attorney Robert M. Sherman, Community Services Director Teresa M. Soroka, City Clerk Joanne Carr, Community Development Director Karen J. Lanke, Information Technology Director Steven Steinberg, Police Chief Julie Aim, Principal Charter School Brian K. Raducci, Finance Director r r r r r r r r r r r r r r r r r r City of A ventura ~ . br.~ .,1, JJ1 ~r~ "I &,4.. GC)l,'cmmCnl Center 19200 Wcn Country Club Drive Aventura. Ronda 33180 Office of the City Manager The Honorable Mayor and Members of the City Commission City of Aventura Aventura, Florida 33180 Enclosed herein is the proposed City of Aventura (the "City") Capital Improvement Program (CIP) for the fiscal period October 1, 2009 through September 30, 2014 and the proposed Capital Budget for the Fiscal period October 1, 2009 through September 30, 2010. The primary goal of the CIP is to develop a long-term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. It is important to stress that the CIP is a planning tool to evaluate infrastructure needs of the City as well as the financial capabilities of the City. In order to determine the impact of the CIP on the City's future operating budget, the City Commission and residents will be provided with the benefits of a CIP document which serves as a point of reference and includes an estimated long-term budget plan. At this point in the City's history, the need for major capital improvement funding has decreased substantially due to a very ambitious schedule of completing major community facilities and infrastructure projects during the past thirteen years since the incorporation of the City. This document represents an update of the CIP that was originally prepared for the five-year cycle of 2008 to 2013. The update process is important for the CIP to become a continuing and ongoing planning/implementation process. The last four years of last year's program were reevaluated in light of unanticipated needs, cost revisions, new project priorities and the financial condition of the City. In addition, the CIP was updated to add new projects in the fifth year (2013/14) to complete the cycle. Projects included within the framework of the program were based on input from Commissioners, staff, City consultants and citizens. The following represents the significant revisions or modifications to the proposed CIP compared to the prior document: r I u o · Added Yacht Club Way Bridge Improvements -$250,000. · Added Exercise Trail Improvements - $452,788. · Added 2 new Bus Shelters and replace bus benches along Country Club Drive - $312,000 · Added Country Club Drive (Southbound) Road Resurfacing project - $750,000. · Added Government Center Air Conditioning Chiller Replacements - $330,000. ~ n ~ The proposed 2009 - 2014 CIP includes 24 projects in five (5) functional categories with a total value of $12,235,893. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (4%), Transportation, Drainage and Infrastructure Improvements (43%), Capital Equipment Purchase and Replacement (27%), Information/Communication Technology (23%) and Public Buildings and Facilities Improvements (3%). n Major emphasis was placed on the following projects: . Road Resurfacing · Transportation, Transit and Traffic Improvements · Stormwater Drainage Improvements $3,220,000 1,014,788 1,000,000 n n o ~ n o o It is important to note that two transportation and one transit project were funded from the Federal Economic Stimulus monies in the amount of $1 ,014,788. The document contains a detailed funding plan that forecasts revenues necessary to fund both the CIP and the operating budgets over the next five (5) years. The proposed funding plan is based on the assumption that operating expenditures can be maintained at certain percentage increases and revenues grow at specified levels. The plan is based on conservative estimates reflecting these uncertain economic times. I am proud of the many accomplishments and the support the City Commission and residents have shown in the implementation of the capital projects since the incorporation of the City. Our beautification projects, park and open space additions, Government Center, Community Recreation Center, Charter School, transportation improvements and many other community enhancements continue to exhibit our commitment to excellence and professionalism. This document serves many purposes. Importantly it serves as an aid to the residents in providing a better understanding of the City's long-term capital needs and how the City intends to meet these demands. It also details our continuing effort to address the needs and concerns of our citizens while making prudent financial decisions which contribute to the City's long term financial health. o The preparation and formulation of this document could not have been accomplished without the dedicated efforts of all Department Directors and their o J n ~ o r r r r r r r r r r r r r r r r r r r staff. Their professional efforts have assisted in the preparation of this important planning program. I request and recommend that you take the following actions regarding the proposed 2009 - 2014 Capital Improvement Program: 1. Hold a workshop meeting to review the CIP document in May. 2. Transmit copies of the CIP summary document to the public. 3. Hold a public hearing to conceptually adopt the final CIP document, by resolution, for implementation. All questions relating to the CIP should be referred to my attention. Respectfully submitted, E~. sari City Manager CAPITAL IMPROVEMENT PROGRAM 2009 - 2014 HIGHLIGHTS · Road maintenance projects that total $3,120,000 to resurface asphalt and enhance safety are included for Williams Island Road, Hospital District, NE 29th Avenue, NE 34th Avenue NE 18yth Street, NE 185th Street, NE188th street and the northern and southern portion of Country Club Drive. · Utilizes a stormwater utility program to maintain drainage systems throughout the City. A total of $1 ,000,000 has been earmarked during the five-year period. · Provides funding to upgrade the Yacht Club Way Bridge and for the Don Soffer Exercise Trail improvements in the amount of $702,788. · Adds two bus shelters on Country Club Drive and the replacement of bus benches at a cost Of $312,000. · Continues the implementation of Biscayne Boulevard intersection improvements for NE 183rd Street at a cost of $75,000. · Replaces the Air conditioning Chiller System at the Government Center at a cost of $$330,000. · Provides the necessary equipment to continue to provide high quality and effective police services. · Continues the implementation of technology improvements and management information systems to enhance the productivity and efficiency of City operations. · Ensures that the tools of production, vehicles, equipment and technology, are available for City operations. o o o o o o n a o o o o o n o n o o o r r r r r r r r r r r r r r l r r r r CAPITAL IMPROVEMENT PROGRAM 2009 - 2014 TABLE OF CONTENTS INTRODUCTION Purpose of the Capital Improvement Program Legal Authority Development of the Capital Improvement Program Capital Improvement Program Policies Preparing the Capital Budget Locating a Specific Capital Project Reading the Program Schedules OVERVIEW OF RECOMMENDED PROJECTS Summary of Recommended Projects Summary of Major Programs Summary of Proposed Appropriations by Funding Source Summary of Project by Location and Year FUNDING PLAN Introduction Debt vs. Pay-As-You-Go Financing Required Separation of Funding Sources Summary of Financing Plan Model Proposed Financing Plan General Fund Proposed Financing Plan Transportation Fund Proposed Financing Plan Stormwater Utility Fund PAGE 1 2 2 3 4 4 5 7 7 8 9 11 11 12 13 14 18 19 PROJECT DESCRIPTIONS AND FUNDING SCHEDULES Beautification and Park Facilities Improvements Transportation, Drainage and Infrastructure Improvements Public Buildings and Facilities Improvements I nformation/Commu n ications Tech nology Capital Equipment Purchases and Replacements 0 0 0 22 29 0 36 39 0 47 0 0 0 0 0 0 0 0 0 0 ~ ~ 0 0 r r r r r r r r r r r r r r r r r r r INTRODUCTION r r r r r r r r r r l r r l r r r r r City of Aventura INTRODUCTION This section describes what a Capital Improvement Program (CIP) is and the process for developing the City of Aventura (the "City") Capital Improvement Program and Capital Budget. This introduction also explains how to locate a specific project in this document. PURPOSE OF THE CAPITAL IMPROVEMENT PROGRAM The purpose of the CIP is to establish a long term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. In order to determine the impact on the City's operating budget, debt service and the general trend of future expenditures, the City Commission will be provided with the advantage of a CIP document as a point of reference and estimated long term budget plan. In accordance with the State's Growth Management Act, the City is required to undergo this process in order to meet the needs of its Comprehensive Plan. The CIP is an official statement of public policy regarding long-range capital development within the City. A capital improvement is defined as a capital expenditure of $5,000 or more, resulting in the acquisition, improvement or addition to fixed assets in the form of land, buildings or improvements, more or less permanent in character, and durable equipment with a life expectancy of more than one (1) year. In addition, equipment that has a value of $5,000 or less is also included in this document for budgetary purposes. The CIP lists proposed capital projects to be undertaken, the year in which they will be started, the amount expected to be expended in each year and the method of financing these projects. Based on the CIP, a department's capital outlay portion of the annual Operating Budget will be formulated for that particular year. The CIP document also communicates to the citizens, businesses and interested parties the City's capital priorities and plan for implementing projects. The five-year CIP is updated annually to add new projects in the fifth year, to re- evaluate the program and project priorities in light of unanticipated needs, and to revise recommendations to take account of new requirements and new sources of funding. Capital Improvement programming thus becomes a continuing part of the City's budgeting and management procedures. The annual capital programming process provides the following benefits: 1. The CIP is a tool for implementing the City's Comprehensive Plan. 2. The CIP process provides a mechanism for coordinating among projects with respect to function, location, and timing. Capital Improvement Program 2009-2014 Page 1 Capital Improvement Program 2009-2014 Page 2 o ~ o ~ ~ J o o J J o o o o o J Q ~ J City of Aventura 3. The yearly evaluation of project priorities ensures that the most crucial projects are developed first. 4. The CIP process facilitates long-range financial planning by matching estimated revenue against capital needs, establishing capital expenditures and identifying the need for municipal borrowing and indebtedness within a sound long-range fiscal framework. The sound fiscal policy that results from this process will have a positive impact on the City's bond rating. 5. The impact of capital projects on the City's operating budget can be projected. 6. The CIP serves as a source of information about the City's development and capital expenditures plan for the public, City operating departments and the City Commission. LEGAL AUTHORITY A capital programming process to support the comprehensive plan is required by the Local Government Comprehensive Planning and Land Development Regulations, incorporated as Chapter 163, Florida Statues. DEVELOPMENT OF THE CAPITAL IMPROVEMENT PROGRAM The City's capital programming process began in December when operating departments were required to prepare requests for all proposed capital projects anticipated during the period of 2009 - 2014. A CIP Preparation Manual and related forms were distributed to all departments for this purpose. In February, departmental prioritized project requests were submitted to the City Manager's Office. Department Directors were asked to justify projects in terms of benefits derived, necessity to health, safety and welfare of the City, enhancement to City plans and policies, need of residents and funding. Projects were prioritized on the basis of Urgency, Necessity, Desirability, and Deferability. The City Manager reviewed departmental requests and conducted individual meetings with Department Directors. The departmental requests were prioritized and the five- year schedule of projects was compiled into document form by the City Manager. The methods of financing and revenue sources were then prepared by the Finance Director and City Manager and were incorporated into the CIP document. At this point, the proposed CIP is submitted to the City Commission and public for review. In order to facilitate public involvement, public hearings and community meetings will be held to unveil and review the CIP document prior to the adoption of a Resolution approving the CIP in principle. r r r r r r r r r r r r r r r r r r r City of Aventura CAPITAL IMPROVEMENT PROGRAM POLICIES 1. Annually, the City will prepare a five-year capital improvement program analyzing all anticipated capital expenditures and identifying associated funding sources. Future capital expenditures necessitated by changes in population, changes in development, growth, redevelopment or changes in economic base will be calculated and included in the Capital update process. 2. The City will perform all capital improvements in accordance with an adopted CIP. 3. The classification of items as capital or operating will be determined by two criteria - cost and frequency. Generally, a capital project has a "useful life" of more than one (1) year and a value of $5,000 or more. In addition, equipment that has a value of $5,000 or less is also included in the document for budgetary purposes. 4. The City will coordinate development of the capital improvement budget with the development of the operating budget. Future operating costs associated with new capital improvements will be projected and included in the operating forecasts. 5. The first year of the five-year capital improvement program will be used as the basis for formal fiscal year appropriations during the annual budget process. 6. The City will maintain all of its assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. 7. The City will identify the estimated cost of capital projects and prepare a funding projection that considers revenues and operating costs to be included in the Capital Improvement Program document that is submitted to the City Commission for approval. 8. The City will determine the most appropriate financing method for all new projects. 9. If appropriate, the City will attempt to maintain a mixed policy of pay-as-you-go and borrowing against future revenues for financing capital projects. 10 The City will maintain ongoing maintenance schedules relating to road, sidewalk and drainage system improvements. 11. The City will address and prioritize infrastructure needs on the basis of protecting the health, safety and welfare of the community. 12. A CIP preparation calendar shall be established and adhered to. 13. Capital projects will conform to the City's Comprehensive Plan. 14. Long-term borrowing will not be used to fund current operations or normal maintenance. 15. The City will strive to maintain an unreserved General Fund Fund Balance at a level not less than 7.5% of the annual General Fund revenue. Capital Improvement Program 2009-2014 Page 3 Capital Improvement Program 2009-2014 Page 4 o o o o o o o o ~ D o o o o J J o o ~ City of Aventura 16. If new project appropriation needs are identified at an interim period during the fiscal year, the funding sources will be identified and mid-year budget amendments will be utilized to provide formal budgetary authority. In addition budget amendments may be utilized to increase appropriations for specific capital projects. PREPARING THE CAPITAL BUDGET The most important year of the schedule of projects is the first year. It is called the Capital Budget and is adopted separately from the five-year program as part of the annual budget review process. Based on the CIP, each department's capital outlay portion will be formulated for that particular year. Each year the CIP will be revised and another year will be added to complete the cycle. Capital Improvement Programming thus becomes a continuing part of the City's budget and management process. The Capital Budget is distinct from the Operating Budget. The Capital Budget authorizes capital expenditures, while the Operating Budget authorizes the expenditure of funds for employee salaries, supplies and materials. Through the City's amendment process, changes can be made to the adopted Capital Budget during the fiscal year. A request for amendment is generated by an operating department based on an urgent need for new capital project or for additional funding for a previously approved project. The request is reviewed by the Finance Director and City Manager and, if approved by the City Manager, a budget amendment is presented to the City Commission. LOCATING A SPECIFIC CAPITAL PROJECT The Capital Improvement Program is divided into five (5) program areas as follows: Beautification and Parks (BP) Transportation, Drainage and Infrastructure Improvements (TDI) Public Buildings and Facilities (PBF) Information/Communication Technology (lCT) Capital Equipment Purchase & Replacement (CE) Each project in the Capital Improvement Program has a unique project number. This project number appears at the beginning of the individual project descriptions and the Summary by Year tables. The first digit refers to functional category priority number assigned by the City Manager. The final digits outline the individual department requesting the project. For example, project TDI-1-CS is Transportation, Drainage and Infrastructure Improvements project number one which was requested by the Community Services Department. r r r r r r r r r r r r r r l r r L r City of Aventura READING THE PROGRAM SCHEDULES Detailed information about each capital project is presented in the section titled "Capital Improvement Program Project Descriptions and Funding Schedules." The section is arranged by program area and functional category and includes a description of each project and the funding schedules. Project timetables for each functional category are indicated in the Summary by Year tables. The funding schedules are based on the funding needed to complete an individual project. A project's funding may continue for several years depending on the development timetable. Each program has a separate Funding Plan Table that outlines the revenue sources proposed to fund project expenditures. Capital Improvement Program 2009-2014 Page 5 r r r r r r r r r r r r r r r r r r r , ~ ~~ Capital Improvement Program 2009-2014 City of Aventura OVERVIEW Page 6 r r I City of Aventura l r OVERVIEW OF RECOMMENDED PROJECTS SUMMARY OF RECOMMENDED PROJECTS r I The proposed 2009 - 2014 CIP includes 24 projects in five (5) functional categories with a total value of $12,235,893. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (4%), Transportation, Drainage and Infrastructure Improvements (43%), Capital Equipment Purchase and Replacement (27%), Information/Communication Technology (23%) and Public Buildings and Facilities Improvements (3%). r . I SUMMARY OF MAJOR PROGRAMS r r r r r r r The following table presents a summarized breakdown of the costs of the various projects recommended for funding categorized by major function for each of the five (5) years covered by the CIP. Table 1 Program 2008/09 2009/10 2010/11 2011/12 2012/13 TOTAL Beautification & Parks Facilities $ 7,800 $ 439,400 $ 59,800 $ 7,800 $ 32,800 $ 547,600 Transportation, Drainage & 1,839,788 800,000 695,000 950,000 950,000 5,234,788 Infrastructure Public Buildings & Facilities 180,000 165,000 0 0 0 345,000 Inform atlon/Com m unlcatlon 788,000 552,300 466,000 541,500 475,400 2,823,200 Technology Capital Equipment 936,460 734,610 595,871 499,400 518,964 3,285,305 Totals $ 3,752,e8 $. 2,691,310 $ 1,8Fr,671 $ 1,998,700 $ 1,977,164 $ 12,235,893 apltallmprovement rogram 2009/10 - 2013/14 Summary By Function r I Capital Equipment 27% Beautification & arks Facilities 4% Transportation, Drainage & Infrastructure 43% r I I r r r I Public Buildings 3% Capital Improvement Program 2009-2014 Page 7 r Capital Improvement Program 2009-2014 Page 8 1 J ~ 1 J ~ 1 J J J ~ ~ :J o ~ 1 1 8 ~ City of Aventura SUMMARY OF PROPOSED APPROPRIATIONS BY FUNDING SOURCE The following table reflects the distribution of all proposed projects to the funding source or mechanism, which is appropriate for funding the projects for each of the five (5) years of the program. Table 2 Capital Improvement Program 2009/10 - 2013/14 Summary By funding Source Funding Source 2009/10 2010/11 2011/12 2012/13 2013/14 TOTAL General $ 1,712,760 $ 1,785,310 $ 1,024,171 $ 950,200 $ 909,164 $ 6,381,605 Stormwater Utility 200,000 200,000 200,000 200,000 200,000 1,000,000 Parks Development 0 0 0 Charter School 199,500 106,000 97,500 98,500 118,000 619,500 Federal Funding 1,014,788 0 1,014,788 Tra nsportation Fund 625,000 600,000 495,000 750,000 750,000 3,220,000 $ 3,752,048 $ 2,691,310 $ 1,816,671 $ 1,998,700 $ 1,977,164 $ 12,235,893 The proposed funding plan involves a commitment to "pay as you go" annual appropriations established in yearly budgets and does not include additional long term debt. Funding Source Summary Stormwater Utility 8% rFederal Funding 8% r r City of Aventura r SUMMARY OF PROJECTS BY LOCATION AND YEAR r The following outlines the major projects by location and the year they are proposed to be funded: i' l Table 3 Capital Improvement Program 2009/10 - 2013/14 Summary By Location r r Location Founders Park Improvements Yacht Club Way Bridge Improve. Traffic Improvements Hospital District Williams Island Road NE 34"' Avenue NE 29"' Avenue NE 187"' Street NE 185"' StreetlNE 31th Avenue NE 188th Street2011/12 Bus Shelter - CCD Country Club Drive Beautification Transportation Improvements Improvements Drainage Park Improve Improve 2010-2011 r r 2009/10 2009/10 2009/10 2009/10 2010/11 2010/11 2010/11 2011/12 2011/12 2009/10 2012-2013 l r .. r r r r r r r Capital Improvement Program 2009-2014 Page 9 r I r r r r r r r r r r r r r r r r r r r Capital Improvement Program 2009-2014 City of Aventura FUNDING PLAN Page 10 r r City of Aventura r FUNDING PLAN r . INTRODUCTION In order for a CIP to be an effective management planning tool, the program must include not only a compilation of major capital needs and their costs but also a financing plan for the entire life of the program. This financing plan must include an analysis of the available resources which will be used to fund not only the CIP itself but the required operating expenses and debt service requirements of the City. r l r ~ In order to ensure that the financing plan is complete in every respect, the plan formulation process must include: r . 1. A projection of revenues and resources which will be available to fund operating and capital expenditures during the life of the CIP. r , 2. A projection of future years' operating expenditure levels which will be required to provide ongoing services to City residents. r r r r r r r r r r 3. Once the CIP projects have been evaluated, a determination is made of the projects to be funded and the timing of the cash outflow for each project. The information is then tabulated to determine the amounts required to fund the CIP for each year. 4. From the information obtained in 1 through 3 above, the additional resources required to fund the CIP will be determined and a decision will be made on whether the program is to be financed by the issuance of debt, on a pay-as-you-go basis or some combination of the two (2). The financing plan prepared in such a manner will be as accurate as possible and should be an informative document to all City residents. However, due to the uncertainty involved in projecting operating cost increases, the community's desire for service increases and the inflow of resources over a five-year period, the financing plan presented should be viewed as a theoretical framework to be adjusted each year based on the most recent information available at that time. This will be accomplished by updating the financing plan each year, adopting operating and capital budgets, and ordinances to implement fee structures which will be required to fund the program each year. DEBT VS PAY-AS-YOU-GO FINANCING Debt financing through the issuance of long term bonds is most appropriate when: 1. There are a small number of relatively large dollar value projects. 2. The large projects cannot be broken into segments and the costs distributed over a larger time frame without impairing the usefulness of the project. Capital Improvement Program 2009-2014 Page 11 r Capital Improvement Program 2009-2014 Page 12 n ~ ~ ~ J 1 1 1 1 1 n n ~ n n l n ~ 1 City of Aventura 3. The projects are non-recurring. 4. Assets acquired have a relatively long useful life which equals or exceeds the life of the debt. Through long-term bond financing, the costs of a project having a long useful life can be shared by future residents who will benefit from the projects. In contrast, pay-as-you-go financing is most appropriate for a CIP which includes: 1. A large number of projects having a relatively small dollar value. 2. Projects which can be broken into phases with a portion completed each year without impairing the overall effectiveness of the project. 3. Projects which are of a recurring nature. 4. Projects where the assets acquired will have relatively short useful lives. The primary advantage of pay-as-you-go financing is that the interest costs and costs of bringing a bond issue to market can be avoided. However, if inappropriately used, this financing plan may cause tax rates and fee structures to increase suddenly and may result in current residents paying a greater portion of projects which benefit future residents. In summary, the choice of the appropriate financing plan will be contingent upon an analysis of the projects to be included in a CIP. REQUIRED SEPARATION OF FUNDING SOURCES In order to comply with accepted governmental accounting practices and to ensure compliance with City Codes and any related Bond Indentures, the analysis and financing plan contained herein will be presented within their respective funds. Projects funded on a pay-as-you-go basis will directly relate to the Capital Fund Budget from where the source of funding is derived. Each of these Budgets will appear in the Annual Operating and Capital Improvement Budget, which is adopted each year. Those funds are currently represented as follows: 1. General Fund 2. Transportation and Street Maintenance Fund 3. Charter School Fund 4. Park Development Fund r l r City of Aventura 5. Stormwater Utility Fund r r In accordance with accounting, legal and internal revenue requirements, all projects to be completed with the proceeds received from the sale of Bonds or loans will be accounted for in a Capital Construction Fund or Stormwater Utility Fund. In addition, capital outlay for the Charter School is included in a separate Budget adopted by the City Commission. r I ,.. I SUMMARY OF FINANCING PLAN MODEL Detailed funding plans for individual funds of the City are enclosed herein in the following sections. The following represents an overview of the major points of the recommended funding plan: r 1. Utilize "pay - as - you - go" financing through annual appropriations to fund the total five year amount of $12,235,893. No additional debt is recommended. ,... I r I 2. Adjusts property tax revenues based on projected lower property assessments caused by the economic downturn. r I . r I r r r r r I r I r Capital Improvement Program 2009-2014 Page 13 r I City of Aventura 1 J 1 PROPOSED FINANCING PLAN GENERAL FUND After evaluating the nature of the various projects that are included in the City's General CIP, it was decided that pay-as-you-go would be most appropriate for funding the program. n ~ IJ FINANCING PLAN TABLES Based on this decision, the analysis which follows is aimed at developing a financing plan which will allow the City to fund General Government Services operating expenditures and all projects recommended for funding in the General CIP for each year of the program. ~ Table 1 presents a five-year projection of resources which will be available for General Government Services. Unless shown by an asterisk (*), the amount projected for each revenue is based on the tax rate or fee structure in effect during the 2008/09 fiscal year. Revenue descriptions followed by an asterisk (*) were computed based on a projected increase in the rate structure as discussed in the assumption of projections. Capital Improvement Program 2009-2014 Page 14 ~ 1 l 1 ~ n 1 o ~ l n ~ 1 Table 2 presents a five-year projection of required operating expenses for General Government Services which utilize the cost data as outlined in the assumption of projections. Table 3 is a recap of resources available to fund the General CIP based on projected revenues and expenditures and the proposed Capital Improvement Program appropriations for the five (5) years of the program. Please note that this analysis assumes that all available resources not needed to fund current operating expenditures will be transferred to the CIP Fund and that any balance in the CIP Fund will remain in the CIP. Through this process, the City will be able to accumulate a reserve which would be used to fund unexpected capital outlays or to fund future years' programs. r r City of Aventura TABLE 1 PROJECTION OF RESOURCES AVAILABLE FOR GENERAL GOVERNMENT SERVICES 200812009 2009/10 2010/11 2011/12 2012/13 2013/14 CURRENT YEAR REVENUES AVAILABLE FOR GENERAL GOVERMENTSERVlCES AD VALOREM TAXES $15,504,349 12,795,320 $12,987,250 $13,246,995 $13,710,640 $14,190,512 (a) FPL FRANCHISE FEES 3,306,706 3,300,000 3,366,000 3,433,320 3,501,986 3,572,026 (b) FRANCHISE FEES 485,000 490,000 504,700 519,841 535,436 551,499 (c) UTILITY TAXES 6,301,000 6,585,000 6,782,550 6,986,027 7,195,607 7,411,476 (d) CITY BUSINESS LICENSES TAX 715,000 675,000 681,750 688,568 695,453 702,408 (e) BUILDING RELATED REVENUE 885,000 730,000 685,000 685,000 685,000 685,000 (f) STATE SHARED REVENUES-UNRESTRICTED 409,000 380,000 393,300 407,066 421,313 436,059 (9) FEDERAL FUNDING 1,100,788 86,000 86,000 (h) HALF CENT SALES TAX 1,854,000 1,758,000 1,819,530 1,883,214 1,949,126 2,017,345 (i) CHARGES FOR SERVICES 1,081,000 1,561,200 1,665,842 1,774,146 1,836,242 1,900,510 0) FINES AND FORFEITURES 339,000 797,000 820,910 845,537 870,903 897,031 (k) MISC. REVENUES 75,000 30,000 50,000 70,000 70,000 70,000 INTEREST ON INVESTMENTS 800,000 250,000 350,000 450,000 465,750 482,051 COUNTY BUSINESS TAX 45,000 42,000 42,000 42,000 42,000 42,000 TOTAL CURRENT YEAR REVENUES $31,800,055 $30,494,308 $30,234,832 $31,117,713 $31,979,457 $32,957,917 TRANSFERS FROM E911 FUND 94,000 100,000 103,500 107,123 110,872 114,752 TRANSFERS FROM SCHOOL FUND 30,000 0 30,000 30,000 30,000 30,000 TOTAL AVAILABLE $ 31,924,055 $ 30,594.308 $ 30,368,332 $ 31,254,835 $ 32,120,328 $ 33,102,669 NOTES TO ASSUMPTION OF PROJECTIONS r r r r r r r r l r r r r r r r r (a) After a reduction of $2,684,029 or 17.3% in 2009/10, due to lower assessed values caused by the economic recession, Ad Valorem Tax revenues are estimated to grow at the rate of 1.5% to 3.5% in future years. (b) FPL Franchise Fees from Dade County will decrease in 2009/10 and then grow at the rate of 2% per year. (c) Franchise fees will grow at the rate 1 % in 2009/10 and then 3% per year. (d) (e) Utility taxes will grow at the rate of 3% per year. Business License Tax will decrease by $40,000 in 2009/10 and then grow at the rate of 1.0% per year. (f) Building related revenues will decrease beginning in 2009/10 and level off at $685,000 per year. (g) State shared revenues will decrease by 7% for 2009/10 and then grow at the rate of 3.5% per year. (h) Anticipated funding from American Recovery Reinvestment Act for transit and transportation improvements as well as funding for police. (i) Half-cent sales tax will decrease by 5% for 2009/10 and then grow at the rate 3.5% per year. 0) Charges for services will grow at the rate of 3,5% per year after adjustment in 2009/10 and 2010/11 for Cultural Arts Center revenue and expansion of Mall reimbursemnet. (k) Fines & forfeitures will grow at the rate of 3% per year after adjustment in 2009/10. Page 15 Capital Improvement Program 2009-2014 r r o City of Aventura ~ TABLE 2 PROJECTION OF OPERATING EXPENDITURES FOR GENERAL GOVERNMENT SERVICES DEPARTMENT 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 City Commission $116,443 $ 119,000 $ 122,570 $ 126,247 $ 130,035 $ 133,936 Office of the City Manager 888,267 914,000 977,980 1,046,439 1,119,689 1,198,068 Legal 280,000 280,000 280,000 280,000 280,000 280,000 City Clerk 266,946 282,000 311,740 333,562 366,911 402,595 Finance 808,647 842,000 892,520 946,071 1,002,835 1,063,006 Information Technology 771,282 879,000 949,320 1,025,266 1,107,287 1,195,870 Public Safety 13,395,623 14,040,000 15,022,800 16,074,396 17,199,604 18,403,576 Arts & Cultural Center 97,361 600,000 700,000 756,000 816,480 881,798 Community Development 1,445,741 1,483,000 1,471,980 1,560,299 1,653,917 1,753,152 Community Services 4,230,982 4,306,000 4,607,420 4,929,939 5,275,035 5,644,288 Non - Departmental 1,745,000 1,614,000 1,678,560 1,745,702 1,815,530 1,888,152 TOTAL PROJECTED OPERATING EXPENDITURES GENERAL GOVERNMENTAL SERVICES $ 24,046,292 $ 25,359,000 $ 27,014,890 $ 28,823,921 $ 30,767,323 $ 32,844,439 General Fund Transfer to 1999 Debt Service 1,365,000 1,365,000 1,365,000 1,365,000 1,365,000 1,365,000 General Fund Transfer to 2000 Debt Service 491,000 491,000 491,000 491,000 491,000 491,000 General Fund Transfer to 2002 Debt Service 402,000 402,000 402,000 402,000 402,000 402,000 TOTAL PROJECTED DEBT SERVICE REQUIREMENTS 2,258,000 2,258,000 2,258,000 2,258,000 2,258,000 2,258,000 TOTAL PROJECTED EXPENDITURES $ 26,304,292 $ 27,617,000 $ 29,272,890 $ 31,081,921 $ 33,025,323 $ 35,102,439 NOTES TO ASSUMPTION OF PROJECTIONS Operating expenditures will increase between 6% to 7% during the five year period. J o ~ o o o n o n o o ~ o J o Capital Improvement Program 2009-2014 Page 16 J o M r r City of Aventura r TABLE 3 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS GENERAL FUND CAPITAL IMPROVEMENT PROGRAM 2009/10 2010/11 2011/12 2012/13 2013/14 TOTAL PROJECTED AVAILABLE RESOURCES $30,594,308 $30,368,332 $31,254,835 $32,120,328 $33,102,669 PROJECTED OPERATING EXPENDITURES 25,359,000 27,014,890 28,823,921 30,767,323 32,844,439 DEBT SERVICE REQUIREMENTS 2,258,000 2,258,000 2,258,000 2,258,000 2,258,000 SUBTOTAL - EXPENDITURES 27,617,000 29,272,890 31,081,921 33,025,323 35,102,439 BALANCE 2,977,308 1,095,442 172,914 (904,995) (1,999,770) BEGINNING CIP RESERVE 25,000,000 25,249,760 24,559,892 23,708,635 21,853,440 Less CIP APPROPRIATIONS 2,727,548 1,785,310 1,024,171 950,200 909,164 BALANCE IN CIP RESERVE - END OF YEAR 25,249,760 24,559,892 23,708,635 21,853,440 18,944,506 $40,000,000 $35,000,000 .. .. - .. - .....r - -- $30,000,000 - -- ~ ..,......,. - ... ... .. .. $25,000,000 $20,000,000 ~ -..... $15,000,000 - Revenues $10,000,000 .. .. Expenditures ~ - CIP $5,000,000 Fund Balance - - .. -- - -- . -- .. - $0 , 2009/10 2010/11 2011/12 2012/13 2013/14 r r r r r r r r r r r r r r r Capital Improvement Program 2009-2014 Page 17 r f""I o City of Aventura o PROPOSED FINANCING PLAN TRANSPORTATION FUND D This fund was established to account for restricted revenues and expenditures which by State Statute and County Transit System Surtax Ordinance are designated for transportation enhancements, street maintenance and construction costs. This table reflects the anticipated revenues available and the proposed appropriations. o o TABLE 4 TRANSPORTATION AND STREET MAINTENANCE FUND RECAP OF AVAILABLE RESOURCES AND PROPOSED APPROPRIATIONS SUMMARY BY YEAR 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 REVENUES LOCAL OPTION GAS TAX 495,000 450,000 465,750 482,051 498,923 516,385 INTEREST EARNINGS 10,000 1,000 2,000 2,000 3,000 3,000 SALE OF PROPERTY 350,000 STATE SHARED REVENUES-RESTRICTED 180,000 150,000 155,250 160,684 166,308 172,128 CARRYOVER - 215,000 40,000 264,890 262,072 23,173 COUNTY TRANSIT SYSTEM SURTAX 961,000 950,000 978,500 1,007,855 1,038,091 1,069,233 TOTAL REVENUES 1,646,000 1,766,000 1,991,500 1,917,480 1,968,393 1,783,920 EXPENDITURES Maintenance Operating Expenditures 710,000 730,000 751,900 774,457 797,691 821,621 Transit Services 391,000 371,000 374,710 385,951 397,530 409,456 TOTAL EXPENDITURES 1,101,000 1,101,000 1,126,610 1,160,408 1,195,221 1,231,077 Total For Capital 545,000 665,000 864,890 757,072 773,173 552,843 CAPITAL EXPENDITURES Project Title 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Transportation System and Traffic Improveme - 0 0 0 0 0 Road Resurfacing Program 485,000 625,000 600,000 495,000 750,000 750,000 TOTAL CAPITAL EXPENDITURES $ 485,000 $ 625,000 $ 600,000 $ 495,000 $ 750,000 $ 750,000 Balance $ 60,000 $ 40,000 $ 264,890 $ 262,072 $ 23,173 $ (197,157) o o o o o o o o o o o o Capital Improvement Program 2009-2014 Page 18 o J .... I"'" I r I City of Aventura r I r I I PROPOSED FINANCING PLAN STORMWA TER UTILITY FUND r The City is responsible for stormwater management activities within its corporate boundaries. r r r In order to address deficiencies and develop an ongoing maintenance program, a Stormwater Utility Fund was created. The Fund generates revenues for stormwater management costs, permitting, maintenance and capital improvements from a source other than the General Fund, gas taxes or ad valorem taxes. The Utility relies on user fees charged to residents and businesses for generating revenues. r l The City has recognized the need and importance of taking a proactive approach toward stormwater management. The stormwater drainage improvements contained in the five-year Capital Improvement Program were based on a complete survey of all areas of the City conducted by the Community Services Department together with the City's consulting engineers. r I The Fund will be responsible for ongoing operation and maintenance costs, as well as capital improvements. r Table 7 reflects the anticipated revenues available and the proposed appropriations for the Stormwater Utility Fund for the five-year period. r l A total of $1 ,000,000 worth of stormwater drainage projects will be completed during the five-year period. The monthly rate charged to users per unit was $2.50 for 2008/09. It is not recommended that the fee be increased during the next five (5) years. r DADE COUNTY MUNICIPAL STORMWATER UTILITY RATES Coral Gables $3.50 Golden Beach $12.00 Hialeah $2.50 Homestead $ 1.25 Key Biscayne $5.00 Medley $ 2.50 Miami $3.50 Miami Beach $ 2.50 Miami Shores $2.50 North Miami $ 2.50 North Miami Beach $2.50 South Miami $ 2.50 Sweetwater $2.50 r I r r r'" I r Capital Improvement Program 2009-2014 Page 19 r I 1 City of Aventura 1 TABLE 7 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS STORMWATER UTILITY FUND 1 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Customer Data: Projected No. of Billable ERUs (1) 29,217 29,217 29,217 29,217 29,217 29,509 Monthly Rate Per ERU $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 Reloenues: Gross Stormwater Utility Billings (2) $876,510 $876,510 $876,510 $876,510 $876,510 $885,275 Less: Uncollectibles (3) -35,060 -35,060 -35,060 -35,060 -35,060 -35,411 Carry Oloer of Surplus 0 78,250 289,971 484,504 661,159 819,224 $ 841,450 $ 919,699 $ 1,131,421 $ 1,325,953 $ 1,502,609 $ 1,669,088 Operating Expenses: (4) 413,200 429,728 446,917 464,794 483,386 502,721 A \\3i1able for CIP & Debt Set'.1ce $ 428,250 $ 489,971 $ 684,504 $ 861,159 $ 1,019,224 $ 1,166,367 Annual CIP Expenditures: 350,000 200,000 200,000 200,000 200,000 200,000 Annual Surplus/(Deficit): $ 78,250 $ 289,971 $ 484,504 $ 661,159 $ 819,224 $ 966,367 n n ~ J n NOTES TO ASSUMPllON OF PROJECllONS (1) Projected to remain flat. (2) Equals Projected No. of Billable ERUs multiplied by the Monthly Rate Per ERU, with the result annualized. (3) Equals 4% of Gross Stormwater Utility Billings in Year Shown. (4) Includes Operation and Maintenance, Engineering,Administration, Rel.iew of Existing Account Data Costs. Projected to continue to grow at an annual rate of 4%. n D u ~ ~ n J J ~ Capital Improvement Program 2009-2014 Page 20 1 n r r r r r r r r r r r r r r r r r r r Capital Improvement Program 2009-2014 City of Aventura PROJECT DESCRIPTIONS Page 21 r r City of Aventura r I BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS r I This section includes beautification projects and improvements to the City's park system and recreational facilities. There are Two (2) projects in the CIP, which total $547,600. Special emphasis was given to upgrading existing park facilities. r I Policies r I The City's investment in improvements to the City park system is based on the following policies: Goal: Provide adequate and accessible parks and facilities to meet the recreational needs of all current and future residents. i" I I . Provide a variety of quality recreation facilities that will meet the needs of all age groups within the City and enhance the overall environmental characteristics of the area. r r . Maximize the utilization of all public facilities through the provision of variety in the type of facility offered. I"" I . Provide exercise/walking paths to enhance the physical well being of residents. . Provide recreational facilities on the basis of 2.75 acres per 1,000 population. r r . Encourage the integration of recreational facilities into the development of residential, commercial, industrial, and open space land uses. r r Goal: Update the five-year CIP on an annual basis. . Provide parks whereby residents have access to neighborhood parks within a 2 mile radius and community parks which serve the entire City. r I I , Goal: Increase Safety Standards . Provide for adequate security measure including limited access facilities. r r r r . Replace dangerous equipment and eliminate visual barriers to reduce criminal opportunities. . Employ vandal-resistant equipment and facilities. . Maintain a Parks Usage Plan to protect the City's investment in the park system and insure the residents' safety. Capital Improvement Program 2009-2014 Page 22 r" . I Capital Improvement Program 2009-2014 Page 23 ~ 1 1 J ~ 1 J ~ 1 1 1 ] 1 ~ l J 1 o J City of Aventura Goal: Protect and preserve environmentally sensitive land and water areas. · Preserve and enhance open space with environmental impact. Existina Facilities There is 30.5 acres of open space and public park land in the City. Aventura Founders Park was opened in November 1998. This 11 acre site located on West Country Club Drive and NE 190 Street includes both active and passive recreational opportunities. The park encompasses the following components: Jogging Path, tennis courts, gated entries, One ball field w/ dugouts and backstops, Restroom Buildings, Decorative Fencing, Playground, picnic area, passive play areas, baywalk, landscaping, two parking lots, multi-purpose plaza areas, signage, benches, and security lighting. Don Soffer ExerciselWalking Path contains 5.5 acres that is classified as open space recreation area. This facility is used by residents for both recreational and exercise purposes. Waterways Dog Park was acquired by the City in 1998 from a private developer. This 1.5 acre site was previously constructed by a private developer. The City converted this site to a dog park in 2008. Waterways Park was purchased in 2006. The 7 acre site that include a multipurpose sports field, playground, basketball court, fitness trail, parking and restroom facilities was opened in 2008. Arthur I Snyder Memorial Park was purchased in 1998. This 3.5 acre site was one of the last remaining waterfront undeveloped parcels in the City. This site contains the Community/Recreation Center. Open passive and sitting areas are available at this location. Veterans Park was acquired by the City from a private developer in 2001. This 2 acre site is located on NE 3151 Avenue. Facilities and amenities include: parking lot; 1.5 acre open playfield area; playground facilities; landscaping with shade trees and a .5 acre pet exercise area. This park was modified in 2008 by removing the dog play area and expanding the children's play area and adding a restroom facility. Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2009/10 fiscal year: Proiect Title Year Conceptual Design of Aventura Founders Park 1996/97 Design of Country Club Drive Exercise Safety Improvements 1996/97 r r r r Purchase of 5.5 acres for Aventura Founders Park Bus Shelter & Bench Replacements Aventura Blvd Beautification Improvements Northern Entrance Beautification Improvements Aventura Founders Park Development Country Club Drive Exercise/Walking Path Improvements NE 183rd Street Beautification Improvements NE 34th Avenue Beautification Improvements Library Landscaping Project Huber Tract Open Space Land Purchase NE 20ih Street Beautification Improvements Country Club Dr. Exercise Path Safety Improvements NE 190th Street Beautification Improvements Biscayne Boulevard Phase I Beautification Improvements FEC Landscape Buffer NE 191 st Street Beautification Improvements Waterways Park Improvements Founders Park Improvements r I r I r r r r I Biscayne Boulevard Phase II Beautification Improvements NE 185th Street & NE 28th Ave Beautification Improvements NE 213th Street Beautification Improvements Aventura Blvd. Entrance Features Community/Recreation Center Conceptual Design Community Recreation Center Development Expanded Waterways Park Purchase Biscayne Boulevard Phase II Beautification Improvements Country Club Drive Beautification Improvements Newspaper Racks NE 188th Street Beautification Improvements Yacht Club Way Beautification Improvements William Lehman Causeway Beautification Improvements Veterans Park Development Waterways Park Design Founders Park Parking Lot Expansion NE 20ih Street Swale Beautification Improvements Waterways Park Development Splashpad Addition to Founders Park Miami Gardens Drive Beautification Improvements Waterways Dog Park Development Veterans Park Modifications r . r r r r r I r City of Aventura 1996/97 1996/97, 1997/98, 1998/99 1999/00, 2000/01 , 2001/02 2005/06 1997/98 1997/98 1997/98 1997/98 1997/98 1997/98 1997/98 1998/99 1998/99 1998/99, 2004/05 1998/99 1998/99 1998/99 1998/99 1999/00 1999/00,2001/02,2002/03 2003/04,2005/06 1999/00 1999/00 2001/02 2001/02 2000/01 2001/02 2003/04 2001/02 2002/03 2002/03,2003/04 2002/03 2003/04 2003/04, 2004/05 2003/04 2005/06 2005/06 2005/06 2006/07,2007/08 2006/07 2006/07 2007/08 2007/08 r I Capital Improvement Program 2009-2014 Page 24 r City of Aventura J o ~ Park Facilities/Open Space Recreation The City's estimated current population is 31,000. The City's Comprehensive Plan recommended standard is 2.75 acres of park and recreation land for every 1,000 potential residents. The amount of park and recreation land required by the park standards for this population is 82.50 acres. In calculating the number of recreation acres the City has available for use by residents, public private, golf courses and marinas are accounted for at a different degree depending on accessibility to citizens of the City. Assuming that public facilities can be accounted for at 100%, private recreation facilities at 50%, and marinas and the golf course at 25%, the City existing and proposed recreation areas total 115. Therefore, no deficiency exists under the City's standards. Table PFOS1 contains an inventory of existing and proposed recreation and open space areas. The City owns 30.5 park/open space acres. ~ Capital Improvement Program 2009-2014 Page 25 J 1 ~ 1 ~ J 1 1 J 1 1 l 1 ~ ~ Table PFOS 1 CITY OF AVENTURA Recreation/Open Space Inventory TYPE FACILITY Public Recreation Areas C Don Soffer ExerciselWalking path C Arthur I Snyder Memorial Park N Veterans Park N Waterways Park N Waterways Dog Park N Aventura Founders Park ACRES APPLICABLE ACRES 5.5 3.5 2.0 7.0 1.5 11.0 Public Recreation Subtotal 30.5 5.5 3.5 2.0 7.0 1.5 11.0 30.5 Private Recreation Areas Private Recreation Sites Marina Complexes Golf Courses Private Recreation Subtotal 63.61 31.81 9.40 2.35 203.17 50.79 276.18 84.95 306.68 115.45 Total Recreation Areas C = Community Park N = Neighborhood Park Citywide Beautification Proaram In December of 1996, the City Commission approved the landscape design concepts to be utilized with the implementation of a Citywide Beautification Program. This major undertaking, addresses median and right of way landscaping throughout the public areas within the City, and was adopted as one of the City's budget priorities and goals. The landscape design includes the planting of an assortment of palm trees, including date palms at the City's entrances and coconut and royal palms on various medians throughout the City, as well as shade trees such as live oaks. r r r , City of Aventura With this Beautification Program, the City Commission has fulfilled its long-term goal of creating the signature of the City and establishing its reputation as "the most beautiful City in South Florida." The actual construction of these projects will be ongoing until all of the improvements to the various areas within the City are complete. r r r In 2006, the City funded a Landscape Restoration Program in the amount of $1,500,000 to respond to damage from hurricanes experienced in 2005. r I The following areas have been completed as of the 2008/09 fiscal year: Aventura Boulevard, Northern City Entrance, NE 20yth Street, NE 183rd Street, NE 185th Street & 28th Avenue, NE 190th Street, NE 191st Street, NE 29th Avenue, NE 18yth Street, NE 188th Street, NE 213th Street, Biscayne Boulevard and FEC Landscape Buffer, Aventura Boulevard Entrance Features, Country Club Drive, Yacht Club Way, William Lehman Causeway, NE 20yth Street Swale, 2006 Citywide Hurricane Landscape Restoration Program; Miami Gardens Drive and the Biscayne Boulevard Median (NE 209-212 St). r FundinQ Plan r I Funding for the proposed beautification and park facilities will be provided by the proceeds from the following revenue sources: r Total Category Budget $547,600 r l Fundinq: General Fund $547,600 r I r I r I r r r r I Capital Improvement Program 2009-2014 Page 26 r o City of Aventura ~ TABLE 1 PROPOSED BEAUTIFICATION AND PARK FACILmES IMPROVEMENTS PROJECTS SCHEDULED FOR 2009/10 - 20013/14 SUMMARY BY YEAR ~ CIP # Project Tille Dept # 2009/10 2010/11 2011112 <11_ 2012113 2013/14 Total 1 BP2 Citywide Beautification Improwments CS 7,800 7,800 7,800 7,800 7,800 39,000 ~ BP1 Founders Pari< Improwments CS 431,600 $ 52,000 $ 25,000 508,600 Totals $ 7,800 $ 439,400 $ 59,800 $ 7,800 $ 32,800 $ 547,600 J TABLE 2 PROPOSED BEAUTIFICATION AND PARK FACILmES IMPROVEMENTS PROJECTS SCHEDULED FOR 2009110 - 20013/14 FUNDING PLAN 1 0"",>:bS'Mli:M""1"J~"''8'f/,;'" tj"'",0",10"1dlil"""~, V1}>"k ""'1 Wt ilf,',f" Impact_General ci:;';~ p'rolec;' Till; d d , CePt #" , ,~;','I,,; Total Fees 111 Fund l.J BP1 Founders Pari< Improwments CS 508,600 508,600 BP3 Citywide Beautification Improwments CS 39,000 39,000 n Totals 547,600 $ $ 547,600 ~ ~ J ] J 1 ~ o Capital Improvement Program 2009-2014 Page 27 1 1 r r r r r r r r l r r r r r r r r r City of Aventura PROPOSED PROJECTS 1-CS Founders Park Improvements 2010/11 $431,600 2011/12 $52,000 2013/14 $25,000 This project consists of maintenance projects, replacing and updating playground equipment. 2013/14 Replace Splash Pad Water Features $145,600 26,000 260,000 20,800 31,200 25,000 2010/11 Replace Playground Equipment Playground Covers Pour in Place Surfacing 2011/12 Replace Exercise Equipment Pour in Place Surfacing 2-CS Citywide Beautification Improvements 2009/10 $7,800 2010/11 $7,800 2011/12 $7,800 2012/13 $7,800 2013/14 $7,800 This project consists of implementing the landscaping and beautification concepts approved by the City Commission. 2013/14 Purchase Trash Cans 7,800 7,800 7,800 7,800 7,800 2009/10 Purchase Trash Cans 2010/11 Purchase Trash Cans 2011/12 Purchase Trash Cans 2012/13 Purchase Trash Cans Capital Improvement Program 2009-2014 Page 28 r r r i City of Aventura r r r r r TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS This section includes improvements to the City's transportation system, roadways, drainage system, sidewalks, pedestrian pathways, street lighting, transit and other infrastructure improvements. There are three (3) improvement projects in the Capital Improvement Program, which total $5,234,788. Special emphasis was given to correcting drainage deficiencies and road resurfacing and addressing maintenance considerations. The projects outlined in this section have been developed based on a survey of all areas of the City, with respect to the improvement items, by the Community Services Department; City's consulting engineer and staff. The projects were prioritized according to the urgency of the improvements needed and age of the areas to be improved. Policies r l The City's investment in improvements to its transportation system, roads, sidewalks, street lighting and drainage system is based on the following policies: r Goal: Utilize the Stormwater Utility Fund to provide revenue sources to fund drainage improvements contained in the CIP. r I . Coordinate area-wide storm water developments with major street improvements. r I . Provide adequate storm drainage as defined by present standards for different types of areas of the City. r . Upgrade areas of the City to conform to present drainage standards to eliminate flood prone areas. r l Goal: Improve local roads to meet road safety requirements and serve the transportation needs of the City. r r r r r . Systematically provide local street improvements throughout the City based upon the existing condition and age of the street and the cost of maintenance of the street. . Provide an adequate road transportation network that meets or exceeds the capacity rating outlined in the Comprehensive Plan. . Implement improvements to meet safety standards. . Improve safety by installing street lighting on all appropriate public roadways. . Provide walkways and sidewalks to improve the safety of residents traveling throughout the City. Capital Improvement Program 2009-2014 Page 29 r City of Aventura 1 ] 1 ~ · Accept the dedication of private roads throughout the City in accordance with the Policy governing the conversion of private roads to public roads as outlined in Resolution No. 97-05. Goal: Address traffic flow along the major roadways and intersections by implementing projects that create improvements to the system. · Implement the recommendations of the City's Traffic Advisory board and its Traffic consultant. n ~ Existinq Facilities The following is a list of current public roads under the jurisdiction of the City: NE 185th Street NE 2yth Court NE 28th Place NE 28th Avenue NE 29th Avenue NE 29th Court NE 29th Place NE 30th Avenue NE 34th Avenue NE 18yth Street NE 188th Street NE 190th Street N E 191 st Street N E 192nd Street NE 193rd Street Aventura Boulevard West Country Club Drive North Country Club Drive East Country Club Drive NE 201 Terrace NE 203rd Street NE 205th Street NE 206th Street NE 20yth Street NE 208th Street NE 208th Terrace NE 209th Street NE 211th Street NE 213th Street NE 214th Terrace NE 214th Street NE 183rd Street Yacht Club Drive Turnberry Way NE 2yth Court n Prior Accomplishments 1 1 ~ n n 1 Since the inception of the CIP, the following projects have been completed or are scheduled for completion as of the 2008/09 fiscal year: Proiect Title Country Club Drive Drainage Improvements Sidewalk Installation - Southside of Lehman Causeway Pedestrian Safety Study Aventura Boulevard Street Lighting Improvements NE 183rd Street & Drainage Improvements NE183rd Street Lighting Improvements NE 20yth Street Lighting Improvements North Aventura Stormwater Collector (213th Street) Pedestrian Transportation Circulation Safety Improvements Year 1996/97 1996/97 1996/97 1997/98 1997/98 1997/98 1997/98 1997/98 1997/98 rJ .J Capital Improvement Program 2009-2014 Page 30 l 1 n n J ,.... ,..... City of Aventura r-. ,.... NE 190th Street Lighting Improvements South Aventura Stormwater Collector Sidewalk Improvements & Replacements NE 34th avenue Street Li~hting Improvements NE 185th Street & NE 28t Avenue Improvements Safety Improvements - Country Club Drive NE 30th Avenue Drainage Improvements NE 213th Street Lighting Improvements NE 34th Avenue Safety/Road Improvements Biscayne Lake Gardens Area Drainage Improvements NE 188th Street, Lighting & Drainage Improvements Country Club Drive Improvements NE 190 Street Drainage Improvements Yacht Club way Drainage and Lighting Improvements NE 31st Avenue Decorative Street Lighting Extension of Lehman Causeway Westbound Service Road Illuminated Street Signs Hospital District NE 213 Street Drainage Connector Hospital District North Collector NE 207th Street Resurfacing Traffic Video Monitoring Program Directional Signs Yacht Club Drive Seawall Improvements Miami Gardens Drive Aventura Boulevard Resurfacing NE 213th Street Outfall Drainage Improvement Miami Gardens Drive Extension and Street Lighting Ne 29th Avenue Street Lighting Improvements Yacht Club Drive Resurfacing Countdown Pedestrian Walkway Signals Traffic Video Monitoring Program - Phase I Traffic Video Monitoring Program - Phase II Ne 29th Pace and Yacht Club Way Resurfacing NE 190th Street Drainage Improvements NE 209th StreetlBiscayne Boulevard Traffic Improvements NE 18yth Street Traffic Improvements NE 180th & NE 182nd Street/Biscay Boulevard Signage NE 199th StreetlWest Country Club Drive Turning Lane NE 190th Street Resurfacing NE 191 st StreetlBiscayne Boulevard Traffic Improvements NE 191 st /29th Avenue Drainage Improvements r" r-o ,.... ,... f""" , r'I , ,... r'I '" ,..., '" ....... .. - .. - .. 1998/99 1998/99 1998/99,1999/00,2000/01 1999/00 1999/00 1999/00 2000/01 2000/01 2000/01 2001/02 2002/03 2002/03 2002/03 2003/04 2003/04 2003/04 2003/04 2003/04 2004/05 2004/05 2004/05,2005/06 2004/05 2005/06 2005/06 2005/06 2006/07 2006/07 2006/07 2006/07 2006/07 2006/07 2007/08 2007/08 2007/08 2007/08 2007/08 2007/08 2008/09 2008/09 2008/09 2008/09 ... Road. Drainaae and Infrastructure Improvements The majority of the projects outlined herein can be also be classified as drainage improvements and road resurfacing in accordance with established maintenance ..... -<l ... Capital Improvement Program 2009-2014 Page 31 - .. - ,... I City of Aventura " schedules. In addition, traffic improvement projects recommended by the Traffic Advisory board are included for funding. ,.., Fundina Plan ,.., Funding for the proposed roadway, drainage and infrastructure improvement projects will be provided by the following sources: ,.., Total Category Budget $5,234,788 Fundina: Transportation Fund Federal Funding Stormwater Utility Fund $3,220,000 1,014,788 1,000,000 ,.., r ,.., r Tables 1 and 2 showing these improvement projects and funding schedules are followed by detailed project descriptions. ,., t ,... r I J ,... ,. oj r r I .J ,... r L.J ,- r oJ r- r .I r- r- .J r- ,... 1..1 r ,.. I J r r- Capital Improvement Program 2009-2014 Page 32 IJ r- r- I J - ....... f""'I., City of Aventura 1'.. r\ TABLE 1 PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTIJRE IMPROVEMENTS PROJECTS SCHEDULED FOR 2009/1()' 2013/14 SUMMARY BY YEAR ,...., r.. r~ IDI1 Stormwater Drainage Impro..ement CS $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 1,000,000 Transportation System & Traffic TDI2 Impro..ements CS 1,014,788 1,014,788 TDI3 Road Resurfacing Program CS 625,000 600,000 495,000 750,000 750,000 3,220,000 Totals $ 1,839,788 $ 800,000 $ 695,000 $ 950,000 $ 950,000 $ 5,234,788 r\ . r. TABLE 2 PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTIJRE IMPROVEMENTS PROJECTS SCHEDULED FOR 2009/1()' 2013/14 FUNDING PLAN r r . TDI1 Stormwater Drainage Impro..ement CS $ 1,000,000 $ 1,000,000 Transportation System & Traffic TDI3 Impro..ements CS 1,014,788 1,014,788 TDI4 Road Resurfacing Program CS 3,220,000 $ 3,220,000 Totals $ 5,234,788 $ 1,000,000 $ $ 3,220,000 $ 1,014,788 r r I , r I""l I i . r r l r r Capital Improvement Program 2009-2014 Page 33 ,.n City of Aventura ,t'1 I 1-CS Stormwater Drainage Improvements 2009/10 $200,000 2010/11 $200,000 2012/13 $200,000 2013/14 $200,000 PROPOSED PROJECTS I 2011/12 $200,000 "., I '- Projects included provide for ongoing annual minor drainage improvements and include the cost of resurfacing the affected roadways. I , .. r 2009/10 Drainage Improvements 20010/11 Drainage Improvements 20011/12 Drainage Improvements 2012/13 Drainage Improvements 2013/14 Drainage Improvements 200,000 200,000 200,000 200,000 200,000 ... f1 .) 11 ~ 1 I~ 2-CS Road Resurfacing Program 2009/10 $625,000 2010/11 $600,000 2011/12 $495,000 2012/13 $750,000 2013/14 $750,000 " I ,~ Capital Improvement Program 2009-2014 Page 34 '1 '-' n .~ 'J 1 J ~ J J o This project consists of resurfacing roadways as determined by the City's maintenance standards and the Community Services Department. 2009/10 Hospital District $275,000 Williams Island Road (includes Intersection Improvements) 350,000 2010/11 NE 29th Avenue NE 34th Avenue NE 18yth Street 185,000 240,000 175,000 2011/12 NE 185th/NE 31th Avenue NE 188th Street 165,000 330,000 750,000 750,000 2012/13 Country Club Drive (Northbound) 2013/14 Country Club Drive (Southbound) r r L r l City of Aventura ---.-------------.-.-------------------------.-.-------.-.-.-----------.-------------.---------.-.-.-.-------------.-.-.-.- r ~ I 3-CS Transportation System and Traffic Improvements 2009/10 $1,014,788 r r I This project includes improvements to the City's transportation, transit and traffic system. r l r ~ r L r 2009/10 Yacht Club Way Bridge Improvements $250,000 Don Soffer Exercise Trail Improvements 452,788 2 Bus Shelter Installations Country Club Drive 159,400 137,000 12 Bus Bench Replacements 15,600 -----------------------.---------.---------------------.---------.-.-.---.-------.-.-----------.---.-.-------------.-.-.-.- , r r. I I r, I I""" , . I r , I I r I r.. r"', I 1\ I Capital Improvement Program 2009-2014 Page 35 "" ~ ,.. r I r City of Aventura r I PUBLIC BUILDINGS AND FACILITIES IMPROVEMENTS r Capital projects in this functional category include providing new facilities to serve City residents or improvements to existing facilities in the City. The CIP includes 2 projects totaling $345,000. I L r I I I Policies The City's investment in improvements to public buildings and operational facilities is based on the following policies: r I I . Provide easily accessible services to City residents and adequate parking for City facilities. r I I . Repair and maintain all buildings and facilities in proper order to increase life of said facilities. r I I Existina Facilities Map 1 shows the location of the City's Government Center, and the Dade County Fire Rescue Station and Library Branch. i" l ,... Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2008/09 fiscal year: r I I Proiect Title Government Center/Police Station Needs Assessment Study Government Center Land Purchase Design of Government Center/Police Construction of Government Center Purchase of Charter Elementary School Property Construction of Charter Elementary School Community Center Improvements r r I i' Construction of Middle School Wing to Charter School Holiday Lighting for Government Center Design of Arts & Cultural Center Classroom Additions to Charter School Arts & Cultural Center Construction .... Year 1996/97 1997/98 1997/98 1999/00, 2000/01 2001/02 2002/03 2003/04, 2004/05, 2006/07, 2007/08 2004/05 2005/06 2007/08 2008/09 2008/09, 2009/10 r Fundina Plan Funding for the proposed Public Buildings Projects will be provided by the following sources: Total Category Budget $345,000 r Fundino: General Fund r I Capital Improvement Program 2009-2014 r $345,000 Page 36 n I .1 City of Aventura n .J TABLE 1 PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2009/10 - 20013/14 SUMMARY BY YEAR :l J CIP # Project Tille ~!l!Ef"5,,~ ,Dept # 2009/10 2010/11, 2011/12 2012/12 2013/14 Total PBF1 PBF2 Govemment Center Chiller Replacemenl CS Police Department Offices Improvement PO $ 165,000 $ 165,000 15,000 $ 330,000 15,000 n ~j i1 ~J "1 .J o ~ n Totals $ 180,000 $ 165,000 $ $ $ 345,000 TABLE 2 PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2009/10 - 20013/14 FUNDING PLAN PBF1 PBF2 Govemment Center Chiller Replacemenl CS Police Department Offices Improvement PO $ 330,000 15,000 $ 330,000 15,000 Totals $ 345,000 $ 345,000 n IJ 1 J n .J n IJ ~ n I . J Capital Improvement Program 2009-2014 Page 37 ~ ...., l r I l r l City of Aventura r I I PROPOSED PROJECTS r 1-CS Government Center Water Chiller Replacements 2009/10 $165,000 2010/11 $165,000 r I I r l r l r Chillers are the source of air conditioning and heating of the Government Center. The original chillers were purchased in 1998. This replacement was moved up to FY 2009 because chillers are rapidly deteriorating, and will not be able to cool or heat the Government Center properly. Prices include cost of unit per existing state contracts and estimated installation costs. The new chillers are rust resistant and energy efficient. The replacements should produce significant energy savings by approximately $16,000 per year. r' I l 2009/10 1 Chiller $165,000 $165,000 2010/11 1 Chiller -----.--------------------------------------------------------------------------------------------------------------------- 2 - Police Offices Improvements 2009/10$15,000 r J I This project consists of expanding the Crime suppression Units Office area to accommodate personnel assigned to this unit. r ~ . r I I r 1 r I r I I r I r I r ~ r Capital Improvement Program 2009-2014 Page 38 ,... r"'" I I I r t City of Aventura f"" I , INFORMATION/COMMUNICATIONS TECHNOLOGY r r" I This functional category includes improvements to the City's information/communication systems, data processing and the automation of certain operations by utilizing the latest technology to enhance productivity and efficiency. There are 11 projects totaling $2,823,200. Policies r" I I The City's investment in communication and computer projects is based on the following policies: r"'" I . Continue the implementation upgrade of the Management Information System for all key City operations to automate functions and improve efficiency and productivity. I' I . Improve and maintain City-wide radio communications capabilities for Police operations. r . Develop and maintain computerized capabilities of the various City departments and information systems. r I . Utilize the latest state of the art technology including the use of the Internet for the delivery of services. ,.... . Maintain the E911 system to enhance police response times to emergencies. . Utilize the latest technology for education and teaching at the Charter School. r I I FundinQ Plan Funding for the proposed Information Technology Projects will be provided by the following sources: Total Category Budget $2,823,200 r i' I FundinQ: General Fund Charter School Fund $2,203,700 619,500 r I I r I i' r I I I Capital Improvement Program 2009-2014 Page 39 r ,... Capital Improvement Program 2009-2014 Page 40 ~ 1 J fJ l o 1 1 J 1 IJ J o :] ~ l l ~ City of Aventura TABLE 1 PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2009/10 - 2013/14 SUMMARY BY YEAR CIP# Project Title Oept # 2009/10 ~2010/11 2011/12 2012113~ "'~::> 2013/14 ~ Total ICT1 Police Computers Systems<$SOOO PO 117,400 188,000 125,000 134,000 125,000 689,400 ICT2 Central Computer System>$SOOO IT 265,000 90,000 95,000 105,000 105,000 660,000 ICT3 Radios and E911 System PO 171,000 126,000 106,000 181,000 96,000 680,000 ICT4 Computer Equipment<$5000 ACES 123,000 96,000 87,SOO 78,500 108,000 493,000 ICT5 Computer Equipment>$SOOO ACES 76,500 10,000 10,000 20,000 10,000 126,SOO ICT6 Computer Equipment<$SOOO IT 6,000 6,000 6,000 6,000 6,000 30,000 ICT? Computer Equipment<$SOOO FSS 2,000 6,000 2,000 2,000 2,000 14,000 ICT8 Computer Equipment<$5000 CM 4,000 2,000 4,000 2,000 12,000 ICT9 Computer Equipment<$5000 CS 16,000 20,300 27,000 11,000 17,300 91,600 ICT10 Computer Equipment<$5000 CD 4,100 8,000 3,500 4,000 4,100 23,700 ICT11 Computer Equipment CC 3,000 3,000 Totals $ 788,000 $ 552,300 $ 466,000 $ 541,500 $ 475,400 $ 2,823,200 TABLE 2 PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2009/10 - 2013/14 FUNDING PLAN Icn Police Computers Systems<$5000 PO 689,400 689,400 ICT2 Central Computer System>$5000 IT 660,000 660,000 ICT3 Radios and E911 System PO 680,000 680,000 ICT4 Computer Equipment<$SOOO ACES 493,000 493,000 ICT5 Computer Equipment>$SOOO ACES 126,500 126,SOO ICT6 Computer Equipment<$SOOO IT 30,000 30,000 ICT? Computer Equipment<$5000 FSS 14,000 14,000 ICT8 Computer Equipment<$5000 CM 12,000 12,000 ICT9 Computer Equipment<$5000 CS 91,600 91,600 ICT10 Computer Equipment<$5000 CD 23,700 23,700 ICT11 Computer Equipment CC 3,000 3,000 $ 2,823,200 $ 2,203,700 $ 619,500 Totals 1 .J ,., r I ~ r I r . r I r City of Aventura PROPOSED PROJECTS 1 - PD Police Computers Systems < $5000 2009/10 $117,400 2010/11 $188,000 2011/12 $125,000 2012/13 $134,000 2013/14 $125,000 r I I This project consists of purchasing computer equipment and software that utilizes the latest technology for the Police Department. 2009/10 r I ,... , 2010/11 ,.... I r I r 2011/12 r I I I r- I L ,.. I ~ r r 2012/13 2013/14 r I r I Replace 25 Mobile Laptops 20 Desktop Computers Vehicle Modems Replace 2 Servers Replace Data Retrieval System 20 Vehicle Printers 50,000 24,000 6,000 10,000 7,000 20,400 $25,000 50,000 24,000 6,000 13,000 10,000 10,000 50,000 $25,000 50,000 24,000 6,000 10,000 10,000 $25,000 50,000 24,000 6,000 10,000 10,000 9,000 $25,000 50,000 24,000 6,000 Upgrades Replace 25 Mobile Laptops 20 Desktop Computers Vehicle Modems Replace 9 Computers for EOC Replace 2 Servers 10 Vehicle Printers Replace AS400 Upgrades Replace 25 Mobile Laptops 20 Desktop Computers Vehicle Modems Replace 2 Servers 10 Vehicle Printers Upgrades Replace 20 Mobile Laptops 20 Desktop Computers Vehicle Modems Replace 2 Servers 10 Vehicle Printers 3 Toughbooks (K-9) Upgrades Replace 25 Mobile Laptops 20 Desktop Computers Vehicle Modems Page 41 Capital Improvement Program 2009-2014 ,... . I City of Aventura o :) '1 J 8 Replace 2 Servers 10 Vehicle Printers 10,000 10,000 ---------------------------.-------------------------.-------------------------.------------------------------------------- 2 -IT Central Management Information System> $5000 2009/10 $265,000 2010/11 $90,000 2011/12 $95,000 2012/13 $105,000 2013/14 $105,000 This project consists of purchasing new and replacement computer hardware and software that utilize the latest technology for the City's general information management system, which is used by all City Departments. 2009/10 2010/11 2011/12 2012/13 2012/13 Software/Licenses/U pg rades Servers/ Security/UPS/Switches AS 400 Upgrades Replace PBX Phone System with VOIP Softwa re/Licenses/U pg rad es Servers/ Security/UPS/Switches Video System Solution Softwa re/Licenses/U pg rad es Servers/ Security/UPS/Switches AS 400 Upgrades Upgrade Phone System Softwa re/Licenses/U pg rad es Servers/ Security/UPS/Switches AS 400 Upgrades Equipment for Redundant Site Softwa re/Lice n ses/U pg rad es Servers/ Security/UPS/Switches AS 400 Upgrades Upgrade Phone System $15,000 50,000 50,000 o ~ 1 o :1 J o o ~ 1 1 ~ n o 150,000 $25,000 45,000 20,000 $20,000 65,000 5,000 5,000 $25,000 60,000 5,000 15,000 $20,000 70,000 5,000 10,000 3-PD Radios and E911 System 2009/10 $171,000 2010/11 $126,000 2011/12 $106,000 2012/13 $181,000 2013/14 $96,000 This project consists of purchasing equipment to establish and maintain an 800 Mhz police radio system to improve communications and purchase new radios for projected Capital Improvement Program 2009-2014 Page 42 r I r City of Aventura additional personnel in the Police Department, replace radios that may become damaged or become inoperative during the five-year period and maintain the E911 system. r 1 r ~ 2009/10 ro I r 2010/11 r I r 2011/12 i" 2012/13 r"'" I I 1 2013/14 I 5 Handheld & 1 0 Mobile Radios 800 Mhz Radio System Upgrades E911 System Upgrades Replace Microwave Hop Combiner for Radio System 5 Handheld & 10 Mobile Radios 800 Mhz Radio System Upgrades Replace E911 Server E911 System Upgrades 5 Handheld & 10 Mobile Radios 800 Mhz Radio System Upgrades E911 System Upgrades 5 Handheld & 10 Mobile Radios 800 Mhz Radio System Upgrades E911 System Upgrades Replace CSD Servers E911 System Upgrades 800 Mhz Radio System Upgrades 5 Handheld & 10 Mobile Radios $56,000 50,000 15,000 35,000 15,000 $56,000 30,000 25,000 15,000 $56,000 35,000 15,000 $56,000 25,000 50,000 40,000 15,000 25,000 56,000 -------------------------------------------------------.---------.-.-----------.-------------------.----------------------- r' I I I ,.... I 1 4-ACES Computer Equipment < $5,000 2009/10 $123,000 2010/11 $96,000 2011/12 $87,500 2012/13 $78,500 2012/13 $108,000 r I This project consists of the regular replacement of the computers, laptops, servers and network infrastructure at the Aventura City of Excellence School. i" I ~ 2009/10 r 2010/11 2011/12 r I 1 2012/13 Page 43 r I r I Replace 65 Computers/Laptops 30 New Computers Replace 80 Computers/Laptops Replace 70 Computers/Laptops Replace Color Laser Printer Replace 65 Computers/Laptops Capital Improvement Program 2009-2014 78,000 45,000 96,000 84,000 3,500 78,500 City of Aventura ~ ~ 1 ~ ~ J 1 ~ J l J J ~ ~ o ~ J 1 f] 2013/14 Replace 90 Computers/laptops 108,000 5 - ACES Computer Equipment> $5000 2009/10 $76,500 2010/10 $10,000 2011/12 $10,000 2012/13 $20,000 2013/13 $10,000 This project consists of the regular replacement of the computers and network infrastructure at the Aventura City of Excellence School that exceeds $5,000. 2009/10 Replace Network Switches and Routers Upgrade Phone System 4 Smartboards 2010/11 Replace Network Switches and Routers 2011/12 Replace Network Switches and Routers 2012/13 Replace Network Switches and Routers Replace 2 Servers 2013/14 Replace Network Switches and Routers 6 -IT Computer Equipment < $5000 2009/10 $6,000 2010/11 $6,000 2012/13 $6,000 2013/14 $6,000 2011/12 $6,000 $22,500 30,000 24,000 10,000 10,000 10,000 10,000 10,000 This project includes the replacement of existing equipment for the various employees of the department. 7 - FSS Computer Equipment < $5000 2009/10 $2,000 2010/11 $6,000 2012/13 $2,000 2013/14 $2,000 2011/12 $2,000 This project includes the replacement of existing equipment for the various employees of the department. -----------------.-.-------------------.-------------------.-------------.-.---.-----.-----.-.-------.---.-----.---.------- Capital Improvement Program 2009-2014 Page 44 r I r I r I r I City of Aventura 8-CM Computer Equipment < $5000 2009/10 $4,000 2010/11 $2,000 2013/14 $2,000 2011/12 $4,000 r I This project consists of upgrading computer equipment in the Office of the City Manager. ---------------------------.-----------------------------------------------------------------------------.-----.---.---.--- r 9 - CS Computer Equipment < $5000 2009/10 $16,000 2010/11 $20,300 2011/12 $27,000 2011/12$11,000 2012/13$17,300 r I This project consists of purchasing and upgrading computer equipment in the Community Services Department and Community Recreation Center. r ~ 2009/10 r I i' I L 2010/11 ,... 2011/12 r I ,... I \ 2012/13 r I 2013/14 I' I I r L r 5 Computers and ID Printer Upgrade GIS Software Upgrade Visitor ID System $9,000 2,000 5,000 $13,000 4,000 2,000 1,300 $8,000 14,000 2,000 3,000 $9,000 2,000 $4,000 1,300 7,000 5,000 10 CRC Computers 4 Computers Upgrade GIS Software 1 Laptop Computers 4 Computers and ID Printer 11 CRC Computers Upgrade GIS Software Replace CRC Server 5 Computers and ID Printer Upgrade GIS Software 4 Computers 1 Laptop Computers 1 Plotter Upgrade Visitor ID System 10 - CD Computer Equipment < $5000 2009/10$4,100 2010/11 $8,000 2012/13 $4,000 2013/14 $4,100 r I I 2011/12 $3,500 Page 45 Capital Improvement Program 2009-2014 r I .... Capital Improvement Program 2009-2014 Page 46 [] J n ~ J [] fJ o f) 1 fJ ~ o fJ J ~ ~ J ~ City of Aventura This project consists of computer upgrades, replacement printers and the implementation of field computers for code compliance and building inspections for the Community Development Department. 2009/10 Replace 5 Computers Replace 1 Laser Replace 1 Printers $3,000 600 500 2010/11 Replace 4 Computers Replace 1 Large Forms Printer $4,000 4,000 2011/12 Replace 3 Computers Replace 1 Small Forms Printer $3,000 500 2012/13 Replace 4 Computers $4,000 $3,000 600 500 2013/14 Replace 3 computers Replace 1 Laserjet Printers Replace 1 Small Forms Printer -~_._._._._._.-.-._._._._._._._._._._.-._._._._._._._.---.---------------.-.-------------.-----------------------------.-.- 11 - CC Computer Equipment < $5000 2009/10 $3,000 This project consists of upgrading and replacing computer equipment in the City Clerk's Office. - r t r I I City of Aventura r I CAPITAL EQUIPMENT PURCHASES AND REPLACEMENTS r r 1 r r I This section includes projects relating to Capital Equipment Purchases and Replacements for all operating departments. There are a total of 7 projects totaling $3,285,305. Policies The City's investment in capital equipment purchases and replacements is based on the following policies: Goal: Provide capital equipment that will meet the needs of all departments in order to maintain the efficiency and productivity of providing municipal services to the City's residents. r , r , r r I . Replace all present equipment that is required when they become unusable, unsafe or when maintenance costs outweigh the total cost of replacement. . Develop and maintain an "Equipment Evaluation and Replacement Guide" to determine replacement schedules and costs. . Purchase more economical, fuel efficient and multi-functional vehicles. . Purchase new equipment that will increase productivity and reduce personnel and maintenance costs. .. I , . Maintain all City assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. Proposed Capital Eauipment Purchase And Replacement r ~ r .. r Most projects outlined in the 2009/10 to 2013/14 Capital Improvement Program are either pertaining to vehicles or operational equipment. These 5 projects, worth $3,285,305 are displayed in Table 1. Detailed project descriptions and a funding schedule follow. The CIP guidelines provide that capital equipment shall be defined as having a useful life of more than one year and a value of $5,000 or more. Equipment that has a value of $5,000 or less is also included in this document for budgetary purpose. r I r I r r Fundina Plan Funding for the proposed Capital Equipment Purchase and Replacement Projects will be provided by annual appropriations from the General Fund: Capital Improvement Program 2009-2014 Page 47 Capital Improvement Program 2009-2014 Page 48 ~ J 1 J J !J J ~ ~ J ~ ~ J :J ~ ~ ;] ~ o City of Aventura TABLE 1 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2009/10 - 2013/14 SUMMARY BY YEAR CIP#'i, ProJect Title '" ," " , Oept~2009/10 2010/11 2011/12 2012/13 2013/14' ,,",' Total CE1 Vehicle Purchase & Replacements PD 391,960 453,000 445,000 379,100 379,100 2,048,160 CE2 Equipment Purchase and Replacement>5000 PD 127,000 188,710 83,471 63,000 64,890 527,071 CE3 Equipment Purchase and Replacement<5000 PD 16,900 28,400 22,200 49,300 14,474 131,274 CE4 Equipment Purchase and Replacement>5000 CS 48,600 61,000 20,000 6,000 58,000 193,600 CE5 Equipment Purchase and Replacement<5000 CS 6,000 3,500 2,500 2,000 2,500 16,500 CE6 Equipment Purchase and Replacement>5000 ACC 325,000 CE7 Equipment Purchase and Replacement>5000 CD 21,000 22,700 43,700 Totals $ 936,460 $ 734,610 $ 595,871 $ 499,400 $ 518,964 $ 3,285,305 TABLE 2 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2009/10 - 2013/14 FUNDING PLAN CE1 Vehicle Purchase & Replacements PD 2,048,160 2,048,160 CE2 Equipment Purchase and Replacement>5000 PD 527,071 527,071 CE3 Equipment Purchase and ~eplacement<5000 PD 131,274 131,274 CE4 Equipment Purchase and Replacement>5000 CS 193,600 193,600 CE5 Equipment Purchase and Replacement<5000 CS 16,500 16,500 CE6 Equipment Purchase and Replacement>5000 ACC 325,000 325,000 CE7 Equipment Purchase and Replacement>5000 CD 43,700 43,700 Totals 3,285,305 3,285,305 r r r I I City of Aventura PROPOSED PROJECTS 1 - PD Vehicle Purchase & Replacements 2009/10 $391,960 2010/11 $453,000 2011/12 $445,000 2012/13 $379,100 2013/14 $379,100 r r I r r r \ r .. r This project consists of purchasing police vehicles to accommodate new employee additions and establish a vehicle replacement program in the Police Department. 2009/10 2010/11 2011/12 2012/13 r l r 2013/14 ---------------.---------------------------------------.-.-------------.-----------------------------.--------------------- Replace 12 Patrol Vehicles Replace 12 Patrol Vehicles Replace (2) K-9 Vehicle $336,960 55,000 $351,000 40,000 37,000 25,000 $365,000 35,000 35,000 10,000 $379,100 $379,100 Replace 12 Patrol Vehicles Replace Prisoner Van Replace Special Services SUV Replace Fleet Truck Replace 12 Patrol Vehicles Replace Crime Prevention Van Replace Crime Scene Van Replace Crime Prevention Trailer Replace 12 Patrol Vehicles r I L 2-PD Equipment Purchase and Replacement> $5000 2009/10 $127,000 2010/11 $188,710 2011/12 $83,471 2012/13 $63,000 2013/14 $64,890 r r , r r r This project consists of purchasing equipment for the Police Department. The following is a breakdown of the items to be replaced: 2009/10 2010/11 11 Vehicle Equipment Replace Firearms K-9 (2) Vehicle Equipment Marine Video System Replace Audio System Replace Swat Headset Radio $58,000 23,000 12,000 10,000 14,000 10,000 $58,710 22,000 10 Vehicle Equipment Replace 2 Message Boards Page 49 r Capital Improvement Program 2009-2014 .... City of Aventura ~ ~ J [] J :J [] [] D n D o J :] J J J o D 2011/12 2012/13 2013/14 Replace 2 Boat Engines Prisoner Vehicle Equipment Additional License Plate Reader 10 Vehicle Equipment Replace K-9 Crime Prevention Trailer Equipment 10 Vehicle Equipment 10 Vehicle Equipment 60,000 20,000 28,000 $60,471 13,000 10,000 $63,000 $64,890 -------------.-------------------.---.-------------.-.-----------.-----.---------------.-----------.-.-------------.------- 3-PD Equipment Purchase and Replacement < $5000 2009/10 $16,900 2010/11 $28,400 2011/12 $22,200 2012/13 $49,300 2013/14 $14,474 2009/1 0 2010/11 2011/12 2012/13 2013/14 Replace 10 Ballistic Vests 5 Tasers Replace Crime Prevention Equipment Infrared Camcorder Replace 10 Ballistic Vests 2 Radar Units 2 Lasar Units 5 Tasers Replace 10 Ballistic Vests 2 Lasar Units 5 Tasers Replace 10 Ballistic Vests 2 Radar Units 2 Lasar Units 5 Tasers Replace SWAT Vests Replace 10 Ballistic Vests 5 T asers $7,000 5,200 3,500 1,200 $8,000 7,000 8,000 5,400 $8,500 8,100 5,600 $8,500 8,000 9,000 5,800 18,000 $8,500 5,974 4-CS Equipment Purchase and Replacement> $5,000 2009/10 $48,600 2010/11 $61,000 2011/12 $20,000 2012/13 $6,000 2013/14 $58,000 Capital Improvement Program 2009-2014 Page 50 - r f r I City of Aventura r r r l r I r I I This project consists of the replacement of equipment that has become inefficient, defective, or unusable and to add new equipment to provide improved services in the Community Services Department. The following is a breakdown of the items to be purchased: 2009/10 2010/11 r r r r r I r I 2011/12 2012/13 2013/14 Replace Utility Van Replace 1 Treadmill Replace 2 Elliptical Machine Security Camera Addition $26,000 6,000 10,000 6,600 $21,500 12,000 27,500 $9,000 6,000 5,000 $6,000 $58,000 Pickup Truck Replace 2 Treadmill Replace Vehicle Replace Service Cart Replace 1 Treadmill Replace 2 Exercise Bikes Replace 1 Treadmill ---------------------------------------------------------.-------.---------.---------.------------------------_.----------- Replace 2 Vehicles 5-CS Equipment Purchase and Replacement < $5,000 2009/10 $6,000 2010/11 $3,500 2011/12 $2,500 2012/13 $2,000 2013/14 $2,500 This project consists of the replacement of equipment that has become inefficient, defective, or unusable in the Community Recreation Center. The following is a breakdown of the items to be replaced: r I 2009/10 ,... I r r I 2010/11 2011/12 2012/13 2013/14 --------------------------------------------------------------------------------------------------------------------------- Replace 1 Recumbent Bicycle r I I Replace 16 Tables and 1 Chair Cart Replace 1 Recumbent Bicycle $3,500 2,500 $3,500 $2,500 $2,000 $2,500 Replace 40 Chairs Replace 1 Recumbent Bicycle Replace 12 Tables Page 51 Capital Improvement Program 2009-2014 r I Capital Improvement Program 2009-2014 Page 52 o o ~ J n ~ [] ~ o o ~ o o ~ n ~ o n o City of Aventura 6-ACC Equipment Purchase and Replacement> $5,000 2009/10$325,000 This project consists of purchasing the startup equipment for the Arts &Cultural Center: -------------------------------------------------------------------------.-----------------------------------------------.- 7-CD Equipment Purchase and Replacement> $5,000 2009/10 $21,000 2011/12 $22,700 This project consists of the addition of equipment or the replacement of equipment that has become inefficient, defective, or unusable in the Community Development Department. The following is a breakdown of the items to be replaced: 2009/1 0 Pickup Truck $21,000 $22,700 2011/12 Pickup Truck ---.---------------.-----------------------.---------------------.---------------------------.----------------------------- l I City of Aventura ~ ~ e e~ fJ~ Capital Improvement Program 2009-2014 l ., ..., I J .... I 1 . l I 1 I . 1 I I l J ..., I l I l l . ..., l I .., I Page 53 l I ..., I L ./ ~ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING 6/2/09 APPLICANT NAME/NO. COLONIAL BANK 01-APP-09 in the XXXX Court, was published in said newspaper in the issues of 05/19/2009 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thi advertis n or publication in the said newspaper. Sworn to and subscribed before me this 19 day6f MAY / .......... 1JJ~8JUhL , A.'p'.)2009 i/~ (SEAL) O.V. FERBEYRE personally known to me ~v i\, ,~j ~O'f\.f!'". Notary Publi\~ State of Florida VllroniOll PQrez My COmmlll:li(ln 00819771 F.xplles 011/03/2012 CITY OF AVENTURA NOTICE OF PUBLIC lISARINQ o.a.endTlmaof~."'-Ing: ..T~.June212009 : S;QGp:m, AppIIcant~..~! Appbnt AeqU8ld: The applicant is requ8StIl'lg an appeeJ,pursuant td ..ctiorfSt....,(lt 1l8.>Codeftor\l' a Wl'Itten' "..... ....ptli=. -~. detemlfnation or. ~.. .l;lyan.ildmiriI8tratIV O1IiCIat in ~1'illt.'i.Of!'tHJ' eaya tMld'..~ ~~~=~useofa ~:;"< ~;y;,' ,0 ;-.'~ LOCIItIon Of Subject ProIMfty: 3lII8_191 Slf8et, CIty of,Av.ntura ~~eDevelOpment . Legal Descrtption: A p()rIlon of'f~ P'olAt& at Avel'ltura,Plat Book 133,Page't.(lfttulPublic Reoords ofMlaJni.:' Dade County, ~;.. . . ,. The appli9ation is on file andmay~e~ during regular busine~ hours in the City of Aventura <3OV8li1rmmf~' CommunitY DevelOlt, ment Department, 19200 WeSt.. .. .'eoG.','..rmv iQlUb'... '.i9live..' ,Aventura, F.IOrid4'.' 33~ 80. The application may be I'nOdified at" before the Public Hearing.! The- application may ~ange ~ting the hit$nFiglfrocess. ' The Public lic~ring wlIfbe lfeldbHlle GIly eommtnIOn 0henIber at~. City Of Awntuna Gove~ ~,19200:""Coul'ltry CJut) DrIve, Aventura. ~, ""80. voUr~AtsmaYbemade I"': person at the tiearii'l9or1leCftftWritlng'prlOr to'the'lte8ring date. Refer t9 applicant/propertY on'~lderlee8hdm8lfSilinei<).~of AVentUra Govemment Center, Community [)eveIopnlent Department, at tI$. address abOve. ForfUt1l'l8f~.~CII1i(305)466-8940. I "F',,(;.J .'~ In 8.cC0rd8rice.Wlthi~ 'ArWeHCllnsWlm' Dls8blIfIMs. Aot'$ 1990, IlI1 pefSOl'lSwhoar& disatlfed';ilricfFWhOneect~i~onsto partiCipate ihthis ProCeedll1t~ Ofth8t diS8blIityshookfcontact the Office of the CltYOI8ltct"l.1<iioti~th$n. two ~days ~lOlillefjP~:",?;~': . "':~' ~~~~~~;:r:t::r:~~~~~~ pe~ will need a reCotdOf_~j@j1lfige'Md'fOr sUChporpO$G, may need to ensurE! that a verbatlrfl record of th~ p~ is madEl, Wbklh record includes the testin'lC>'7 ~ ~~1JP9I1 whicl1 tI$~a1 is to be based. . , .. . ".',,"" ,.' . ';>c_ 4^,' . ~/19 ." '-; TeresaM:Sorokfl,MMC, City Clerk .., 09-3-24411234461M -~~_.~-_..._.^--_._..._--_..-,.. ---- ~ :I: ;:) I- :::a: z M w .... ~ <( <i: LL C 0 0 ~ +:: u CI) 0 U) . . OJ C 0 N OJ Q; OJ E i...: Ctl C Ctl OJ a.. 0 z rJ) -- ~ t c C 0 'C OJ :0 (J .!!2 > rJ) " Q) OJ C3 <C (J) 0 .... .... 0 0 .... .... l"'- I"'- C! 0 0 N N II) ~ C"') C"') .... C"') C"') >< CO CO C"') [I] i...: OJ .0 E i...: :::l . . Q) Z Q) .0 c.. E c >. 0 I- :::l 'E 0 z OJ Q) " rJ) .!:::! (5 <C E (J) () e 0') 0 0 ~ N - N e N - "ll:t <w 0 ~ Q) . .... ..... ~ CO c fa c: 0 .- ..... CO ~ CJ .- ..= - .c ~ ~ c.. THE MIAMI HERALD I MiarniHerilld.com THE KOREAN PENINSULA 22 minutes of tense dialogue C Gl C o " >- C '" Gl 1Il o 0. S 0. l!! 5 - '0 c. >< Gl >- '" ~ >- c '" .5 ... o Vi of o ~ Gl .~ n; > .;: Gl "0 Gl n; l!! " '0 c >- III E " o >- ,; ~ '" " '5 .5 Gl '" '" 0. "0 C III ~ III "0 Gl .s c o "0 li! Gl ::t: 'E III i Gl J: I- ,5 "0 l!! III Gl 0. 0. '" "0 '" Gl .s n; .s Gl " C Gl "0 'S: Gl Gl > 'iij " u c o " 1Il III "0 Gl "0 'S: o a. .iI! ~ Gl Gl J: "1 w 1Il :c I- 11 South Korea demanded tnat the North free ill detained worker. but ill meeting ground to a halt. SEOUL, South Korea ~ (AP) - North Korea refused Tuesday to release a seized South Korean worker during tense talks with Seoul ofti- daIs. underlining the soured nature of relations between the two rival countries. The meeting had been billed as a major step - the ii.rst government-la-govern- ment dialogue since conser- vative South Korean Presi. dent Lee Myung-bak took oflke last year with a vow to get tough on North Korea over its nuclear ambitions. But the lalks - which lasted just 22 minutes - only slarted after a full day ofbick~ ering over how it should be conducted. South Korean of!1- cials spent more than 11 hours in the North before the iormal meeting started. The North seized the South Korean worker last month ior allegedly denounc- ing its political system. His detention came amid already {raying ties between the two Koreas, and as the North is also holding two U.S. journal- ists it seized last month and has vowed to put on trial. Pyongyang rejected Seoul's demand to iree the worker during the talks at the Kaesong Industrial Complex just across the border in North Korea, a statement from the South Korean presi- dent's office said Tuesday. "We made it clear that our government will react strongly unless the North side immediately releases the detainee," the statement said. "AU responsibility ior the fol- lowing situation lies with the North." North Korean state media were silent on the outcome of the talks. The meeting came amid rising tensions over Pyong- yang's moves to pull out of six-nation negotiations aimed at ridding it of atomic weap- ons and restart its nuclear program following U.N. Secu- rity Council condemnation of the North's AprilS rocket launch. Russia will dispatch its top diplomat to the North this week, and he is expected to try to persuade the regime to reverse that decision. Foreign Minister Sergey Lavrov will be in Pyongyang on Thursday and Friday, his ministry announced. The South Korean state- ment also said North Korea will reconsider preferential treatment - such as iree land and cheap wages paid to North Korean workers - it gives to South Korea at the complex. North Korea has mostly refused to deal with South Korea under Lee, though the two states have conducted military talks and met on the sidelines o{ six-nation nuclear negotiations. Pulling additional strain on the meeting was North Korea's recent warning that the South not join a U.S.-led program to stop the spread of weapons of mass destruction, which Pyongyang says it would consider a declaration of war. CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENTS OF COMPREHENSIVE PLAN AND NOTICE OF AMENDMENTS TO OFFICIAL ZONING MAP Public Notice is hereby given that the City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, May 5, 2009 at 6:00 p.m. to review and recommend adoption of the following Ordinances to the City Commission: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. (see map below for property location) AND AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM B2, COMMUNITY BUSINESS DISTRICT TO ROS, RECREATION OPEN SPACE AND BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", FROM ROS, RECREATION OPEN SPACE TO B2, COMMUNITY BUSINESS DISTRICT; APPROVING THE THIRD AMENDMENT TO RESTRICTIONS RELATING TO THE GOLF COURSE AND COUNTRY CLUB PARCELS; ACCEPTING THE DECLARATION OF RESTRICTIONS CONTAINING THE APPLICANT'S PROFFER OF SITE IMPROVEMENTS AND OTHER RESTRICTIONS ON THE PARCEL DESCRIBED IN EXHIBIT "B"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. (see map below for property location) - B80TOPI-I< I121'OROS Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, as the governing body, will consider on first reading a1 a public hearing the Amendments to the Comprehensive Plan and the Amendments to the Official Zoning Map Ordinances described above and will again consider the above described Ordinances for adoption after second reading on Tuesday. June 2, 2009 at 6:00 p.m. The above described Public Hearings will all be held in the City Commission Chamber at City of Aventura Government Center, 19200 West Counby Club Drive, Aventura, Florida, 33180. The proposed Ordinances may be inspected by the public at the Office of the City Clerk at the above address. Interested parties may appear at the Public Hearings and be heard with respect to the proposed Ordinances. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, MMC, City Clerk WORLD WEDNESDAY, APRIL22, 2009 I 13A Al ,<c~Children' s BookFest NCE UPON A TIME" Holly";ibod Branch Library, Hollywood, 954-926-2430 ~orthwest Regional Library, Coral Springs, 954- 341-3900 Saturday, April 25 . 10:30 a.m. to 4:30 p.m. ~ ~. \hl"~ '.\',,,h,n';'~'n Performances vary by location, but may include: . r"l<.lVlc! C;on=Jkz, J)onn,l \\'ashin~wJl .1lDrtm'lPlmwliltl l\.'loolllight Tales: Sturytclling l :ndcr the Slars Saturda,y. April 2.." . 7 tCl to p.m. . I\lain l-ihrarJ Plaza. Ft I,audcrdalc .)'!orylellillg iSJI 'I jastI/H' kids.' Hrin~ tflt, .I'holej{lJlIilr 10 (/ /!lUXicu! en.'mn~ oj nil/Sic wut}/mr of fhe besl .\'torYlcllen' I/Iuler the slurs. Children's Reading F~>stival at the AfriC"dll-American Research Library and Cultural Center Spollsored hy DelIa Si/<lIuJ '/71etu Somrir)~ file. Saturday. April 25 . 10:3U a.m. to 4 p.m.. 95.J-625-2IU3 SlOrytdkr.s . CLlJis . Rides. And More ~~I~r~ ~ D1,lll~miHt'mt~tD "-'Cl!\OY FilfililYllFE ~ I \ t"nt mfn 9'5-+ 5'57 78..1.6 01 \\ \\ \.\ \)J{)\-\ ,\I dOlI.!, IlI)1 ,11 \ l hf09 hI III j- ~..... Please join Brooks Brothers for ,'. a Special Benefit Evem '" GOLDEN FLEECE FOUNDATION@ A BROOKS BROTH ERS CHAR ITY in support of The Make-A-Wish Foundation@ Thursday, April 23 & Friday, April 24, 2009 E . . 1 25% . . nJoy a speCla savmgs on your enrire purchase when you use either the Brooks Brothers Platinum MasterCard@ or The Brooks Card@ E. 15% . . llJOY saVIngs when using other forms of payment at all Brooks Brothers stores, online at BrooksBrothers.com or by phone at 800.274.1815. ~ 9Jr~~g&;ueffJ/ IIROOKSElROTIlERS,COM (fIOO) 274 11115 Shop our MEN'S, WOME!'\'S & BOYS' collections. Available at RETAIL & FACTORY stores, ONLINE and by PHONE. 2% of net saks" will be donaled lO the Golden Fleece Founduion, which supporrs charilics like the Make-A-Wish Foundalion For your shoppin!,: convcnienct\ all U.S. Brooks flrOlhers SlOre, will remain opcn llmil 9:00 p.m, or latcr on April 23 and 24. 'bdu""""I'pl,.J,,,,,,,,,,,.,,lr,A,"o';'l<"C,.;<;,R,,,,,l,B,,xl,,,,,.-"""",J...;h. 'lhr B,,,,,,,B'OLh,,, 1'1...""", M,,,,,C.~I,, i,,",J"~ U. Mono, B.n. I'"""'"' ,". t."",, h>' M.""C"J 1""',,,;,,0.1 <C a:: :I: :=l I- :E z - (Q w .... ~ <C <( U- C 0 0 ~ ~ (,) G) 0 rn Q) c 0 N - Q) Q) Cl E i....: III C 0 III Q) a.. ~ z tn C C t: 0 "C Q) U (,) .~ > tn <3 "0 Q) Q) <C (f) 0 .... .... 0 0 en en 0 0 Lt) (Q (Q c::i ~ Lt) Lt) "It "It .... M M >< CIO CIO N r:D i....: Q) ..a E i....: ::J Q) Z Q) ..a 0- E c >- 0 I- ::J t: .... z Q) Q) 0 "0 tn .!::l (5 <C c (f) U - G 0') 0 0 I:f N - ....... 'or"'" ~ N - ~ it) 0 ~ Q) . ..... .... ~ ns C s:: i 0 .- .... ns W (.) .- ...c= - .c ~ ~ a.. 16A I THURSDAY, MAY 21, 2009 FROM THE FRONT PAGE MiamiHerald.com I THE MIAMI HERALD Bargains abound at annual business Pow Wow AI TOURISM c " C o " >- C .. " III o e- ~ Q. f! .... o - '0 Q. >< " >- .. ~ >- C .. ,E a Vi ~ o ~ " ~ .. .~ ~ ." .!! .. f! " "0 c >- .. E ~ o >- ,; " 10 " 'ti .E " Cl .. Q. ." C .. " 10 ." " :5 c o ." c;; ~ :I: 'E .. ~ " J: ~ .E ." f! .. " Q. Q. .. " .. " :5 10 :5 " " c " ." .:; " " > 'iij ~ u c o " III .. ." " ." .:; o 5- .!!! ~ " " J: en W III :c ~ MIAMI BEACH COWBOYS: Jorge Franz and Mauricio Gonzalez Liceaga, both of the Greater Houston t.ourism bureau, share a laugh this week at the Pow Wow in M iam i Beach. #22~/f.~ct.29.~~' MEMORIAL DAY FABRIC SAlE >2/0: the lowest ticketed price on our entire inventory Boca Bargoons decorative fabric outlet has brought in truddoads of brand new merchandise and their entire inventory is on sale! Today thru Memorial Day only thousands of rolls of the finest damasks, upholsteries, silks, prints, tapestries and more \\ill be sold for just a fraction of their worth! & 2009 Proud Business Partners of 1M Grtl#Ur MiIImi Jewf6h FMeratiM ~~NSORI'O THECOLLECTION' Ii GreenbergTraurig Kornreich - Nil' GOI,D SPONSORS L~~ ... "M.~Af KM>t~'ntr;t" S<!r"kt'l> ~.~~~~~.?T.~;~~ .:.;: ;~~:;~"'~;~;~.::'~'~:;~-';;lf",.1L" tht~~~~~<<: 5ILYt;R.I'lPJlNlillll B'~cill'l,trudion IDill1SZ!";~.QNSOR!; ~.~~~~ON II ~~~:~~~~$p~: ~ rBARk"il.'_Q,~Q!!S ~~,kJIrI ^ll.",lil'tl~'O"Htt +. CAl.nnu; ~~~rNA~ J1,,"':;:~""'''''1 IIII",,,:...,,',,~ co."" Pl!-,JhU.l~((lr;<','k JIlt lfyou would liket.n learn mon-about. Co...ora.... Sponsorship opptlrtlll1illt'>> witll th.. Greawr :vIlami Jewish Federation, please-cont.act.:vIareFishmanat. 7Sf...S(ili.IH25ormlil<hmdu@lluljf.Ofll. u- -..,.. " 8pllIa . Pol HoIANo No __" Bad_ "RugoiM'" BROEEN HIPS . KNEE FRACTURES WRIST, ANKLE, BACK: INJURIES @VILES !:'!sU~~€i' LLC HeIplDg People "",!?1:: Tbn>ughou' F10rlda ~. "'i)O""" for Over aOT.an ~ 1.800.848.463'1 TU1lb'tDg'oftlD~"tlDlIlIpcJI'tatdaGlllloa(balahould DOl bellrued~ OD~:a.IDm JOU decidA\, uk till to MDd youfnMI writWI1to1onDdOn abouI our ~&Dd.~~:Pt...,.., ~ - ........J!!"" CITY OF AVENTURA NOTICE OF ADOPTION OF TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN Public Notice is hereby given that the Aventura City Commission will meet in a public hearing on Tuesday, June 2, 2009 at 6:00 p,m. to consider the following Ordinance for adoption on second and final reading: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING A TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT, THE INFRASTRUCTURE ELEMENT, THE CAPITAL IMPROVEMENTS ELEMENT, THE INTERGOVERNMENTAL CO-ORDINATION ELEMENT AND THE CONSERVATION & COASTAL MAf'IIAGEMENT ELEMENT OF THE CITY OF AVENTURA COMPREHENSIVE PLAN TO IMPLEMENT THE CITY OF AVENTURA TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN REQUIRED PURSUANT TO CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE, The Public Hearing will be held in the City Commission Chamber at City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Ordinance may be inspected by the public at the Office of the City Clerk at the above address. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act 01 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office 01 the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, MMe, City Clerk .POW WOW, FROM IA released preliminary figures showing about 4,600 people atlended the event, a 16 per- cent drop from last year's tally in Las Vegas. Pow Wow returned to Miami Beach after 10 years that saw South Florida's hotel industry boom - to the point that many hotels spurned the kind of wholesale business many Pow Wow buyers deliver. And while past Pow Wows saw wholesalers com- plain they couldn't get enough discounted rooms in Miami Beach, supply wasn't a problem this year. "Hotels that would never talk to you before are calling you up," said Suely Auer- bach, president of AAT Travel in Hollywood, which specializes in European vaca- tions to the United States. "It's a lot like after 9/11 for some of them." THE HOTEL BUSINESS Dade County. No major hotel market depends more on for- eign tourists: international visitors accounted for 48 per- cent of the 12 million tounsts that visited Miami-Dade last year, the biggest foreign mar- ket share of any major U.S. tourist destination. But after a booming U.S. economy sent room rates soaring for much of the dec- ade, Miami-Dade now is los. ing ground quicker than almost all of the country's top destinations. Among the 25 major hotel markets tracked by Smith Travel Research, only New York saw room rates drop quicker than they did in Miami-Dade through March. (Smith Travel does not track Las Vegas, where hotels are reel- ing from the reces:,;ion and slashing room rates.) With more than $2 million to spend, mostly from the county, local organizers launched Pow Wow on Sun- day with a beach party. DOWNTOWN BASH The dosing event was a grander affair, intended to highlight Miami's new urban core: guests mingled among the buffet tables and bars set onstage in the Ziff concert hall while a pair of opera singers performed from a box seat above. Outside, with Biscayne Boulevard closed for the eve- ning, acrobats descended {our stories down the Arsht Center's exterior while a graffiti artist finished spray- painting a canvas in the mid- dle of the crowd. Though the British market appears. to be particularly weak, Pow Wow delegates say buyers from Latin Amer- ica and Germany -IWO huge markets for South Florida - seem relatively bullish. "The economic dark cloud is really just starting to hit over there," Keys sales direc- tor Stacey Mitchell said of mainland Europe. "I think .we're going to have a good summer," Mitch- ell said Tuula Vahtera spent Pow Wow shopping prices for the Finnish office of EuroUSA. Waiting for an appointment with an Everglades tour com- pany, she said Finnish con- sumers were balancing eco- nomic anxiety with wanderlust. "We are having problems, like everyone else," Vahtera said. "We have a long winter, so people still want to travel." t-