07-06-2010
A~e City of
nventura
Local Planning Agc1U;Y
Susan Gottlieb, Mayor
City Manager
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamondl
Teri Holzberg
Billy Joel
Michael Stern
Luz Urbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City Attorney
Weiss Serota Hel\fman
Pastoriza Cole & Boniske
LOCAL PLANNING AGENCY
AGENDA
JULY 6,2010 - 6 PM
Aventura Government Center
19200 West Country Club Drive
A ventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: March 2,2010
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING
ORDINANCE:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, APPROVING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO
CHAPTER 163, F.S., DATED SEPTEMBER 2, 2003 AND AMENDED
DECEMBER 29, 2004, MADE BETWEEN MERCO GROUP AT AVENTURA
LANDINGS I, II AND III, INC. AS DEVELOPER AND THE CITY OF
AVENTURA TO EXTEND THE TERM OF THE AGREEMENT FROM
FEBRUARY 2, 2010 TO AUGUST 2, 2012 AND TO ADD APPLICABILITY OF
THE CITY'S TRANSPORTATION MITIGATION IMPACT FEE TO
DEVELOPMENT OF THE CONDOMINIUM AND LOFTS PARCELS,
RELATING TO THE PARCELS OF LAND ZONED RMF4, MULTIFAMILY
HIGH DENSITY RESIDENTIAL DISTRICT, LOCATED ON NE 185 STREET
AT NE 28 COURT, CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING
SECTION 31-145(b) "TOWN CENTER DISTRICT (TC1)" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO REVISE THE LIST OF
PERMITTED USES IN THE DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
5. ADJOURNMENT
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. Anyone wishing to appeal any decision made by the City of Aventura
Local Planning Agency 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, ]9200 West 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. One or more members of the City of Aventura Advisory Boards may also be in
attendance.
A~ City cJ
.nventUra
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MINUTES
LOCAL PLANNING AGENCY
MEETING
MARCH 2, 2010 6 PM
Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Teri Holzberg,
Billy Joel, Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk
Teresa M. Soroka, and City Attorneys David M. Wolpin and Susan Trevarthan.
Commissioner Bob Diamond and Vice Mayor Luz Urbaez Weinberg were absent.
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Rev. Keyser.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the September 1,
2009 LPA Hearing was offered by Commissioner Joel, seconded by Commissioner
Auerbach, and unanimously passed.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE: Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING
DIVISION 2 "TEMPORARY POLITICAL SIGNS" OF ARTICLE III, SIGN CODE,
OF CHAPTER 34 "PLANNING AND ZONING" OF THE CITY CODE AND
AMENDING ARTICLE IX OF CHAPTER 31 "SIGN REGULATIONS" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS, CHAPTER 31 OF THE CITY
CODE TO CLARIFY AND AMEND EXISTING REGULATIONS OF SIGNS
WITHIN THE CITY SO AS TO ENHANCE COMPLIANCE WITH RECENT CASE
LAW AND TO REPEAL EXISTING REGULATIONS OF TEMPORARY
POLITICAL SIGNS AND PROVIDE FOR THEIR REGULATION ELSEWHERE
IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY;
PROVIDING FOR AN EFFECTIVE DATE.
Community Development Director Joanne Carr addressed the Commission and
entered the staff report into the record. Mayor Gottlieb opened the public hearing.
There being no speakers, the public hearing was closed. A motion to recommend
approval was offered by Commissioner Auerbach and seconded by Commissioner
Joel. The motion passed unanimously by roll call vote.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, the meeting adjourned at 6:08 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the LPA on
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: Joanne Carr, AI P
Community Developm
TO: City Commission
FROM: Eric M. Soroka,
City Manager
DATE: June 24, 2010
SUBJECT: Request to Extend Term of Chapter 163 Development Agreement
MGAL REPH I, II, III, LLC - Terzetto Development
NE 185 Street at NE 28 Court, City of Aventura
July 6,2010 Local Planning Agency Agenda Item l}.~
July 6, 2010 City Commission Meeting Agenda Item
September 7,2010 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission:
1. Approve an amendment to the Development Agreement made pursuant to Chapter
163, Florida Statutes, between the owner and the City to extend the term for a 2.5 year
period from February 2, 2010 to August 2, 2012 with the inclusion of a new provision
requiring payment of the City's transportation mitigation impact fee enacted by
Ordinance No. 2008-08, amended by Ordinances Nos. 2009-04 and 2009-08, and
payable as specified in the ordinances for the two undeveloped parcels; and
2. Authorize the City Manager to execute such amendment to the Development
Agreement on behalf of the City.
THE REQUEST
The applicant, Philip Von Kahle, the Receiver for the Merco Group, is requesting a 2.5
year extension of the term of a Development Agreement dated September 2, 2003
made between the City and Merco Group at Aventura Landings I, II and III, Inc. (See
Exhibit #1 for Letters of Intent)
BACKGROUND
OWNER OF PROPERTIES:
MGAL REPH I, II & III, LLC
Tract A 28-2203-000-0271 3.09 acres
Tract B 28-2203-000-0284 3.61 acres
Tract C 28-2203-000-0231 1.66 acres
NAME OF APPLICANT
Philip Von Kahle, Receiver
LOCATION OF PROPERTY
NE 28 Court at NE 185 Street
See Exhibit #2 for Location Map
HISTORY
In 2003, Merco Group at Aventura Landings received various development approvals
relating to the three tracts of land shown on Exhibit #3. Those approvals included
amendment to the comprehensive plan, rezoning, development agreement, variances
and administrative site plan approval.
The tracts are currently designated as Medium High Density Residential land use on
the City's Future Land Use Map in the Comprehensive Plan and are zoned RMF4,
Multifamily High Density Residential District.
As part of the rezoning ordinance in 2003, the City Commission approved a
Development Agreement under Chapter 163 of the Florida Statutes. A copy of the
agreement is attached as Exhibit #4. That agreement provided that the owner dedicate
land, design and build the extension of NE 185 Street as a necessary public facility and
in turn, the agreement conferred to the owner the benefit of preservation of zoning and
concurrency during the term of the agreement. The road extension was dedicated and
constructed as agreed and is now in use.
The approved development consists of a 62 unit townhome parcel south of NE 185
Street and west of NE 28 Court, a 205 unit 19-story condominium parcel north of NE
185 Street and west of NE 28 Court, and a 138 loft-style, 13-story apartment south of
NE 185 Street and east of NE 28 Court. The 62 unit townhome parcel is nearing
completion. A foundation was built on the condominium parcel with no further
construction after that time. No construction has taken place on the loft parcel.
The property was placed in Receivership in October of 2008. A corporate entity, MGAL
REPH I, II and III, LLC, owned by the mortgagor, is now the title holder.
2
The applicant advises that due to the economic downturn and recent change in
ownership, there has been a delay in completion of the condominium and loft parcels,
that these parcels have been placed on the market for sale but there is no contract
purchaser at this time. The Receiver is requesting this extension to preserve the
development rights under the Agreement.
Paragraph 11 of the Development Agreement provides for a term of five (5) years, with
extension by mutual agreement in two 2.5 year increments, subject to public hearing
approval, provided that the road construction is complete. The current term of the
agreement expired on February 2, 2010. The road construction is complete. The
applicant is requesting a two and one half year extension from February 2, 2010 to
August 2, 2012. The applicant has the option to request one further 2.5 year extension
of the term.
Staff is recommending that the amended agreement contain a new provision that the
two undeveloped parcels be subject to the City's transportation mitigation impact fee.
This impact fee ordinance was enacted after the date of the Development Agreement.
The draft agreement extending the term to August 2, 2012, attached to the proposed
Ordinance, includes that provision.
3
Exhibit #1
01-DA-10
Felix M. Lasarte, Esq.
felix@lasartelaw.com
VIA ELECTRONIC MAIL
May 17, 2010
RECEIVED
, . MA Y 1 8 2010
COMMUNITY {-,
DeVELOPMENT
Mrs. Joanne Carr
Community Development Director
City of Aventura
19200 West Country Club Drive 4th Floor
Aventura, FL 33180
Re: Request to Extend Development Agreement between Merco Group at
A ventura Landings I, II, and III, Inc. (hereinafter the "Merco Group") and
the City of Aventura / Terzetto Project / Property located at 18400 NE 28
Street in Aventura, Florida.
Dear Mrs. Carr:
Our office represents Philip Von Kahle, the Receiver for the Merco Group (the
"Receiver"), in connection with obtaining an extension to the development agreement
which was approved by the City of Aventura (the "City") for the above referenced
property (the "Property"). The Merco Group was the original party to the development
agreement with the City. However, due to the economic downturn the Property is
currently in receivership.
The current title holder to the Property is MGAL REPH I, II, III, LLC. The entity
is owned by Ocean Bank, the mortgagee under the mortgage on the Property from the
Merco Group. The bank has obtained a deed from the Merco Group and is currently in
the process of foreclosing on the mortgage in order to obtain clean title to the Property.
Upon concluding with these proceedings, the bank will begin to close on its existing sale
contracts and will remarket the remaining available inventory to the public.
The purpose of this letter is to request an extension of the development
agreement. We would also like to provide you with an update on the development plans
for the property and the steps which have been undertaken by the owner to develop the
Property in accordance with the site plans which was approved for the Property.
Backl!.round. In 2003, the MERCO Group obtained various development
approvals relating to the Property, including an amendment to the City's Comprehensive
Plan, a rezoning, an administrative site plan approval, and various variances which were
necessary for the development of the Property (the "Terzetto Project"). In connection
with these approvals, the MERCO Group proffered a Declaration of Restrictions on the
Property. This covenant required the Property to be developed in accordance with that
certain site plan entitled, "Terzetto Condominiums," "Terzetto Villas," and "Terzetto
Lofts III," prepared by Mouriz Salazar, signed and sealed September 17, 2004 (the "Site
Plan"). The site plan provides that the Property shall be developed with three (3) types of
residential units: condominiums, lofts, and villas.
On September 2, 2003 the City council adopted Ordinance No. 2003-10 which
approved a development agreement between the City and the MERCO Group for the
construction of this residential development (the "Agreement"). The Agreement
provided that it would remain in effect for S years with two (2) two and a half year
extensions. In addition, on September 2, 2008 the development agreement was
automatically extended pursuant to paragraph I I (a) for an additional 17 month period
based on the City's receipt of the No Further Action letter from the Miami-Dade County
Department of Environmental Resource Management (DERM). Thus, the original
expiration date of the Agreement was extended from September 2, 2008 to February 2,
2010.
Compliance with Development A2:reement. Under the terms of the
Agreement, the developer was to provide extensive infrastructure improvements to the
area. Pursuant to Paragraph 4 of the Agreement, the owner was to dedicate the necessary
right-of-way and construct NE 18Sth Street in accordance with the plans approved by the
City. In addition, Paragraph 3 of the Agreement required the owner to "initiate and
diligently pursue all applications for development permits" necessary for the construction
of the Terzetto Project.
All infrastructure improvements required under the terms of the Agreement have
been complied with. The owner has dedicated, designed, and fully constructed NE 18Sth
Street in accordance with the plans approved by the City, Miami-Dade County (the
"County"), and the Florida Department of Transportation. Additionally, the Owner has
obtained permits for the Terzetto Project from DERM, Miami-Dade County Public
Works, Miami-Dade Water and Sewer Department, South Florida Water Management
District and the City of A ventura. The owner is currently in the process of finalizing the
open permits on the Property and anticipates on having a certificate of occupancy for the
villa units within the next 3 weeks.
Development Plan. The Property has been substantially developed with the
infrastructure improvements and villa units approved under the Agreement. The villa
units have been constructed and the Receiver is waiting for the County's Water and
Sewer department (W ASA) to convey the water lines to the City of North Miami Beach
in order to finalize their construction permits. The Receiver anticipates on having this
conveyance from W ASA and closing out the permits within the next 3 weeks. The
Receiver will then proceed to obtain a certificate of occupancy for the villas units and
begin to sell these units to the public.
The remaining undeveloped vacant tracts of land located on the Property contain
the proposed condominium and loft units. These vacant tracts of land have been placed
on the market for sale. At this time there is no contract purchaser for these vacant lots.
The Receiver does not currently intend to develop this portion of the Property and there is
no timeline for its completion. Of utmost importance to the Receiver at this time is the
sale of the villa units which have been built. The owner will be beginning to sell these
units in order to recoup some of the losses that the bank has suffered in acquiring the
property and financing its development.
ReQuest for Extension. Due to the unanticipated economic downturn and
the recent change in ownership, there has been a delay in the timeline for completion of
the development plans for the condo and loft units on the Property. The Receiver is
requesting an extension in order to preserve the development rights in the Property and
obtain additional time for the residential market to improve so they can proceed with
selling the recently constructed villa units.
As mentioned, the Agreement can be extended by the mutual consent of the
parties. Currently, two (2) 2.5 year extensions remain. The owners would like to
request an extension of 2.5 years pursuant to the terms of the Agreement. As
discussed above, the owner has satisfied all of its infrastructure and permitting
obligations under both Paragraphs 3 and 4 of the Agreement. Accordingly, the City
should approve the requested extension. The Agreement would now remain in effect
until August 2, 2012 with an additional option to extent the Agreement for an additional
2.5 years.
I have enclosed a copy of your original extension letter dated September 8, 2008
for your review. In addition, enclosed please find two checks in the amount of $2,500.00
and $10,000.00 made payable to the City which represents both the application and
advertising fees associated with this request.
On behalf of our firm, we look forward to working with your office to bring this
matter to a successful conclusion. In the interim, if you have any questions or concerns
regarding this matter please do not hesitate to contact our office.
Sincerely,
THE LASARTE LAW FIRM
d(/tf!!f!
'''''r\',.T\,~' ~'. ,'::(~:,,:~'.': ":1,.
VIA HAND DELIVERY & FACSIMilE AT (305) 466~3277
February 2,2010
Ms. Joanne Carr, Director
Community Development Department
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RE: Request to Extend Development Agreement between Merco Group at
Aventura Landings I, II and III, Inc. and the City of Aventura
Dear Ms. Carr:
This letter shall constitute our request to extend the development
agreement by and between the City of Aventura and Merco Group at Aventura
Landings I, Inc., Merco Group at Aventura Landings II, Inc., and Merco Group at
Aventura Landings Ill, Inc., related to the Terzetto project currently in the Court
Appointed Receivership (Case No. 08-51250 CA 03), for an additional twelve and
half (12.5) years for a total of twenty (20) years as permitted in Section 163.3229,
Florida Statutes.
A formal application and application fee is forthcoming. Should you
have any questions or concerns, please do not hesitate to phone me (954) 252-
1560
Sincerely,
/
..
Philip yon Kahle
Receiver
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Exhibit #4
01-DA-10
DEVELOPMENT AGREEMENT
This Develwnent Agreement (" Agreement") is made and entered
into as of the J.. - day of:... ~~-{ , 2003 by and between the
City of Aventura, Florida a municipal corporation, ("City") and MERCO GROUP
A T A VENTURA LANDINGS 1, INC., MERCO GROUP AT A VENTURA
LANDINGS II, INC. AND MERCO GROUP AT A VENTURA LANDINGS IIt
INC. (collectively "Owner").
RECIT ALS:
WHEREAS, the Owner owns the property, consisting of
approximately 9.02 gross acres of land (the "Property"), the legal description of
which is attached hereto as Exhibit A; and
WHEREAS, the Owner has proposed in the Application to develop
the Property with the planned uses (the "Project") described in Exhibit B
attached hereto; and
WHEREAS, the Owner has filed applications for development
approvals relating to the Property, including an application to amend the City of
A ventura Comprehensive Plan, an application for rezoning, an application for
site plan approval, an application for various variances required to develop the
Project, and an application to close a portion of NE 28th Court (the
IJ Applications"), with the City's Community Development Department; and
WHEREAS, pursuant to the applicable City of Aventura Code
provisions, the site plan for the property has undergone review by the City Staff;
and
WHEREAS, Owner has agreed to provide the design for a
necessary public facility, NE 185th Street extension, as well as dedicate needed
right-oE-way for N.E. 185u1 Street and construct such roadway within the
Property, which will satisfy the needs of the Project and remedy an existing
deficiency, which actions will also provide a significant enhancement to the
quality and utility of other area roadways; and
WHEREAS, this Agreement is intended to and shall constitute a
Development Agreement among the parties pursuant to the Florida Local
Government Development Agreement Act Sections 163.3220-163.3243, Florida
Statutes (the" Act"); and
WHEREAS, the City of A ventura City Commission has considered
this Agreement at public hearings held on July 1, 2003 and September 2, 2003,
and has determined that the Project and this Agreement are consistent with the
City's Comprehensive Plan and the land development regulations the City has
promulgated pursuant thereto; and
WHEREAS, City has determined that it is in the public interest to
address the issues covered by this Agreement in a comprehensive .manner in
compliance with all applicable laws, ordinances, plans, rules and regulations of
the City, while allowing the Owner to proceed with the development of the
Project in accordance with existing laws and policies, subject to the terms hereof-
and the City has agreed to enter into this Agreement with the Owner.
NOW, THEREFORE, in consideration of the foregoing, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
1. Recitations. The foregoing recitations are true and correct
and are incorporated herein by reference.
2. The Project. A description of the Projectl including
population densities, and building intensities, is attached to this Agreement as
Exhibit B.
3. Applications for Development Approvals. Promptly
following the effective date of this Agreement, the Owner will initiate and
diligently pursue all applications for development permits (as defined by Section
380.031(4), Florida Statutes), which were not previously obtained. A list of all
local development permits required to be approved for the development of the
Property is attached hereto as Exhibit C. City shall process all development
permit applications in a timely fashion and the City shall cooperate with the
Owner (at no cost to the City) in processing all necessary development permit
applications with Federal, County and State agencies as needed.
4. Funding for Public Facilities. (a) Owner agrees to dedicate
to the City the required road right-oI-way for NE 185th Street, as it bisects the
Property, in accordance with design plans for such roadway improvements to be
prepared by Owner and approved by the City, Miami-Dade County, and the
Florida Department of Transportation (FDOT), for construction of "Miami
2
Gardens Drive Connector" (TIP project number 671363) as a new 4 lane facility
from Biscayne Boulevard (US1) to NE 28th Court (the "185 St. Plans").
(b) Owner agrees to prepare the 185 St. Plans, and apply for
approval of same from the City prior to applying for approval of the first
building permit within the Project. City agrees to cooperate in its review of the
185 St. Plans and to provide expeditious review of such plans. Upon its approval
of the 185 St. Plans, City shall prepare and submit all necessary applications to
County, FDOT and other agencies for approval of such plans, and shall
expeditiously process such applications to obtain necessary approvals.
(c) After Owner has completed and City has obtained approval for
the 185 St. Plans, Owner shall construct NE 185 St. within the Property and in
accordance with the 185 St. Plans. Prior to issuance of the first certificate of
occupancy or certificate of use for the Project, construction of the portion of NE
185 St. within the Property shall be complete, certified and accepted by the City
as acceptable.
(d) Provided that this Agreement has become effective as provided
in paragraph 10 below, Owner shall dedicate all of the required roadway right-
of-way for NE 185th Street within the Property, to Miami-Dade County or City as
appropriate, after approval of the Applications and within thirty (30) days from
the expiration of all appeal periods relating to approval of the Applications, with
no appeals having been filed, or if filed, having been resolved in Owner's favor.
For purposes of this paragraph, "appeals" shall include petitions for writs of
certiorari, and challenges pursuant to Section 163.3215, Florida Statutes.
5. Contribution-In-Lieu-Of-Fee Approval. Owner's commitment to
pay for the preparation of the 185 St. Plans as set forth in paragraph 4 above, is
expressly subject to approval of such payment as a roadway improvement
contribution-in-lieu-of-fee, pursuant to Section 33E-10 of the Miami-Dade
County Code Section IX of the Metro-Dade Road Impact Fee Manual. Owner
acknowledges that only the offsite portion of such payment may receive
contribution-in-lieu-of-fee approval, and Owner shall be required to apply for
approval of such roadway improvement contributions-in-lieu-of-fee pursuant to
the applicable provisions of the Code and Metro-Dade Road Impact Fee Manual,
and City agrees to provide all necessary support for such application. Failure to
receive an approval for such contribution-in-lieu-of-fee shall render the
Agreement null and void.
6. Adequate Public Facilities. Pursuant to Section 31-239 of the
City Code, the City has made affirmative concurrency findings that all of the
public services and facilities necessary to serve the Project meet or exceed the
3
established LOS standards. Furthermore, the City agrees that during the term of
this Agreement, it shall provide and reserve concurrency-related public facility
capacity for the Project, within the scope of the City's authority as a service
provider.
7. Laws Governing this Agreement. The City's laws and
policies goveming the development of the Project and the Property at the time of
the execution of this Agreement (including, but not limited to the City's
concurrency management program as set forth in Section 31-239 of the City
Code) shall govern the development of the Project and the Property for the
duration of this Agreement. The City may apply subsequently adopted laws and
policies to the Project only as otherwise permitted or required by the Act.
8. Consistency with the Comprehensive Plan. The City has
adopted and implemented the Comprehensive Plan. The City hereby finds and
declares that the provisions of this Agreement dealing with the Property are
consistent with the Comprehensive Plan and its adopted land development
regulations.
9. Public Facilities and Concurrency. Owner and City anticipate
that the Project will be served by those roadway transportation facilities
currently in existence as provided by State, County and City roadways. It is also
anticipated that the Project will be served by the public transportation facilities
currently in existence, including those provided by Miami-Dade County, and
other governmental entities as may presently operate public transportation
services within the area. Sanitary sewer, and solid waste, services for the Project
are expected tobe those services currently in existence and owned and operated
by Miami-Dade County, and/ or the Miami-Dade Water and Sewer Department.
Potable water service shall be provided by the City of North Miami Beach.
Stormwater drainage service shall be provided by the City. The Project will also
be serviced by any and all public facilities, as such are defined in Section
163.3221(12), Florida Statutes (2002), and as such are described in the
Comprehensive Plan, specifically including, but not limited to, those facilities
described in the Comprehensive Plan's Transportation, Infrastructure, and
Capital Improvements Elements. A full listing of all such public facilities is set
forth on Exhibit D attached hereto.
10. Recording of the Development Agreement. Within fourteen
(14) days after the City executes this Agreement, the City shall record this
Agreement with the Clerk of the Circuit Court of Miami-Dade County. The
Owner shall submit a copy of the recorded Agreement to the State of Florida,
Department of Community Affairs (DCA) within fourteen (14) days after this
Agreement is recorded. This Agreement shall become effective only after (a) it
4
has been recorded in the public records of Miami-Dade County, and (b) thirty
(30) days have elapsed after DCA's receipt of a copy of the recorded Agreement.
The Owner agrees that it shall be responsible for all recording fees and other
related fees and costs related to the recording and delivery of this Agreement as
described in this section. The provisions hereof shall remain in fuJI force and
effect during the term hereof, and, subject to the conditions of this Agreement,
shall be binding upon the undersigned, and all successors in interest to the
parties to this Agreement. Whenever an extension of any deadline is permitted
or provided for under the terms of this Agreement, at the request of the either
party, the other party shall join in a short-form recordable memorandum
confirming such extension to be recorded in the public records of Miami-Dade
County.
11. Term of Agreement. (a) This Agreement shall terminate on
the date which is five (5) years from the effective date hereof; provided, however,
that if the Owner fails despite all reasonable, good faith efforts to receive a II no
further action (NFA)" letter from Miami-Dade County Department of
Environmental Resources Management (DERM) for the environmental
remediation of the Lofts Parcel and Townhome Parcel (as described on Exhibit B)
within six (6) months from the effective date of this Agreement, then the term of
this Agreement shall be automatically extended beyond the five year term in an
amount of time equivalent to the time taken for the issuance of the NF A, but not
to exceed an extension of tvvo years. (b) In addition to the foregoing, the term of
this Agreement may be extended by mutual agreement of the City and Owner in
2.5 year increments for up to an additional five (5) years from the termination
date set forth above, subject to public hearing in accordance with 3163.3225,
Florida Statutes. City approval shall not be unreasonably withheld provided that
the City finds that the Owner has complied with the obligations applicable to the
Owner in Paragraph 4 above and is proceeding to obtain or has obtained the
development permits in Paragraph 3 above. No notice of termination shall be
required by either party upon the expiration of this Agreement and thereafter the
parties hereto shall have no further obligations under this Agreement.
12. Time for Completion. Owner shall commence development
of the Project after the effective date of this Agreement, as set forth in paragraph
10, above. All permitting, infrastructure improvements and land development
shall be completed prior to the termination of the Agreement, within five years of
effective date unless extended pursuant to paragraph II, above. City
acknowledges and agrees that all public facilities and services that are required
to service the Project will be available concurrent with the Project's impacts
during the term of this Agreement, and that Owner shall be permitted to
complete the Project, as set forth in this Agreement, prior to the Agreement's
termination date.
5
13. Default and Remedies. (a) In the event that Owner defaults
under any of its obligations set forth in paragraphs 3, 4, and 5 above, City is
authorized to withhold issuance of any development orders and development
permits until Owner has complied with the terms of this Agreement. (b) In the
event of default by either party under this Agreement, the other party shall be
entitled to all remedies at law or in equity.
14. Other Approvals. The parties hereto recognize and agree
that certain provisions of this Agreement require the City and/ or its boards,
departments or agencies, acting in their governmental capacity, to consider
goverrunental actions, as set forth in this Agreement. All such considerations
and actions shall be undertaken in an accordance with established requirements
of state statutes and county ordinances, in the exercise of the City's jurisdiction
under the police power.
15. No Permit. This Agreement is not and shall not be
construed as a development permit, or authorization to commence development,
nor shall it relieve Owner of the obligations to obtain necessary development
permits that are required under applicable law and under and pursuant to the
terms of this Agreement.
16. Good Faith; Further Assurances; No Cost. The parties to this
Agreement have negotiated in good faith. It is the intent and agreement of the
parties that they shall cooperate with each other in good faith to effectuate the
purposes and intent of, and to satisfy their obligations under, this Agreement in
order to secure to themselves the mutual benefits created under this Agreement;
and, in that regard, the parties shall execute such further documents as may be
reasonably necessary to effectuate the provisions of this Agreement; provided,
that the foregoing shall in no way be deemed to inhibit, restrict or require the
exercise of the City police power or actions of the City when acting in a quasi-
judicial capacity. Wherever in this Agreement a provision requires cooperation,
good faith or similar effort to be undertaken at no cost to a party, the concept of
no cost shall not be deemed to include any cost of review (whether legal or
otherwise), attendance at meetings, hearings or proceedings and comment
and/ or execution of documents, all such costs to be borne by the party receiving
a request to so cooperate, act in good faith or so forth.
17. Omissions. The parties hereto recognize and agree that the
failure of this Agreement to address a particular permit, condition, term, or
restriction shall not relieve the Owner of the necessity of complying with the law˜governing said permitting requirements, conditions, term or restriction
notwithstanding any such omission.
6
18. Notices. Any notices required or permitted to be given
under this Agreement shall be in writing and shall be deemed to have been given
if delivered by hand, sent by recognized overnight courier (such as Federal
Express) or mailed by certified or registered mait return receipt requested, in a
postage prepaid envelope, and addressed as follows:
If to the City at:
City Manager
City of Aventura
19200 West Country Gub Drive
A ventura, Florida 33180
With a copy to:
City Attorney
City of A ventura
19200 West Country Club Drive
Aventura, Florida 33180
If to Owner at:
MERCO Group Inc.
5101 Collins Avenue
Miami Beach, Florida 33140
With a copy to:
Jeffrey Bercaw, Esq.
BeTCOW & Radell, P.A.
200 S. Biscayne Boulevard
Suite 850
Miami, Florida 33131
Notices personally delivered or sent by overnight courier shall be
deemed given on the date of delivery and notices mailed in accordance with the
foregoing shall be deemed given three (3) days after deposit in the US. mails.
The terms of this Section 18 shall survive the termination of this Agreement.
19. Construction. (a) This Agreement shall be construed and
governed in accordance with the laws of the State of Florida. All of the parties to
this Agreement have participated fully in the negotiation and preparation hereof;
and, accordingly, this Agreement shall not be more strictly construed against any
one of the parties hereto. (b) In construing this Agreement, the use of any gender
shall include every other and all genders, and captions and section and
paragraph headings shall be disregarded. (c) All of the exhibits attached to this
Agreement are incorporated in, and made a part of, this Agreement.
7
20. Severabilitv. In the event any term or provISIon of this
Agreement be determined by appropriate judicial authority to be illegal or
otherwise invalid, such provision shall be given its nearest legal meaning or
construed as deleted as such authority determines, and the remainder of this
Agreement shall be construed to be in full force and effect.
21. Litigation. In the event of any litigation between the parties
under this Agreement for a breach hereot the prevailing party shall be entitled to
reasonable attorney's fees and court costs at all trial and appellate levels. The
terms of this paragraph shall survive the termination of this Agreement.
22. Time of Essence. Time shan be of the essence for each and
every provision hereof.
23. Entire Agreement. This Agreement, together with the
documents referenced herein, constitute the entire agreement and understanding
among the parties with respect to the subject matter hereof, and there are no
other agreements, representations or warranties other than as set forth herein.
This Agreement may not be changed, altered or modified except by an
instrument in writing signed by the party against whom enforcement of such
change would be sought and subject to the requirements for the amendment of
development agreements in the Act.
24. Force Majeure. Any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials
or reasonable substitutes therefore, riot, civil commotion, fire or other casualty,
and other causes beyond the reasonable control of the party obligated to
perform, excluding the financial inability of such party to perform and excluding
delays resulting from appeals or rehearings commenced by the Owner (any such
causes or events to be referred to herein as a "Force Majeure"), shall excuse the
performance by such party for a period equal to any such period of prevention,
delay or stoppage.
8
WITNESSES:
/
,rT
PriJit Name:
!
Prin ~ ~
STATE OF 0'f:!,ijJ-..-
COUNTY OF ;]j;.
Signed, sealed, executed an acknowledged this Z 'lNAday
instrument was aCknowl~ed before me
the Vr-~- vd
...f . ,-ht :(tfr'poration, on behalf of the corporation.
is personally known to me or has produced
identification.
by
of
He! She
, as
D::jtness
. L4!1
my
signature and official
, 2003, in the County an
day
of
~:l\ Zayda Vame
. ~ . My CornmiasIon 00032206
'\;01,:1 Expirae June 07 2005
't
My Commission Expires:
)
9
By.
~The~fOregOing instrument was aCknOWle~&fd. before me by
-err)_ ~ / the 7re'5~ of
Me rl1!{l II ~~~tion, on behalf of the corporation. He/She
is personally known to me or has produced , as
identification.
~s+ my
signature and official
,2003, in the County an
N
day
of
'i) Za,da VlII:lns
· · My CormliNlon D003220e
~ ~ Expiree June 07 2005
'\
My Commission Expires:
10
WITNESSES:
was aclq:l.qwle~f1d before
the .1Ic.5~
fA corp ation, on behalf of the corporation.
is pers ally known to me or has produced
identification.
me by
of
He/She
. as
"
~tne55
5;r
,
my signature and official
...J 2003, in the County a
day
of
My Commission Expires:
rint arne
i)Zaydsvartlna
~"J . My Comrniuion DD03220ll
~.t;I Expir&I June 07 2005
Attest
CITY OF A VENTURA, FLORIDA
By:
c
'\
Eric Soroka, Ci
11
(Space reserved for Clerk)
JOINDER BY MORTGAGEE
INDIVIDUAL
The undersigned, RAUL CASARES, a Mortgagee under that certain mortgage filed the 12th
day of August, 1999, and recorded in Official Records Book 18745, Page 1950, securing the
original principal sum of $1,350,000.00; as modified in Official Records Book 19351, Page 3677,
all in the Public Records of Miami-Dade County, Florida, covering alllor a portion of the property
described in the foregoing agreement, does hereby acknowledge that the terms of this agreement
are and shall be binding upon the undersigned and its successors in title.
IN WlTNESS WHEREOF, these presents have been executed this 2 '2.IV /
August, 2003.
day of
)<
3~r:5rw116-J]}f!J{e #ZM6
#1'//77I'".tf)~ ,3?1 ~O
[f:\lo/m'l/oinder by Monsosee . Co..,.. {a/22/0])J
,
(~ reserved for Clerk)
STATE OF flofrdl
COUNlYOF buJtf
Thp foregoing instrument was acknowledged before me by _~~4. \.
who is...pers::>nally known to me or has produced
identification. \
':
Witness my signature and official real this~da
in the County and 3ate aforesaid.
( At>l{ rl~
as
~
My Commission Expires:
I~~ la)'da 'Ianra
. ~ ; My Commis8loo~
~o,...:I' ExpireaJuoe07 200$
(tlfofTmUJind<< by Mortgogoe . Ca!oA& {8I22IlJ3)j
EXHIBIT A
Legal Description
Tract" A":
The North 310.86 feel. of the following described property:
A portion 01 the Southwest 1/1. of Fractional Section J, Township 52
South. Range +2 Eos\, Miami-Dade County. Florida. being more
particularly described as follows:
Begin ot the Southwest corner of the NarthlOest 1/4. of the Southeast
1/4. of the Southwest 1/4. of said Frodionol Section 3; thence
N89deg59min26secW, olong the South line of lhe Northeast 1/4-, of the
Southwest 1/4. of the Southwest 1/4, of said Section J. for 80.21
feet; thence NOOdeg01min45secE for 310_86 feet to 0 point on 0 curve
(said point bears SOOdegOSmin15secW from the radius point of the
next desCribed circular curve); thence Southeasterly. olong 0 circular
curve to tile left (concave to tl1e Northeast). having a radius of 59~.69
feet and a CM tral angle of 00deg06minJOsec for an orc distance of
1.31 feet to 0 paint of tangency; thence S89deg58min15secE, along a
line parallel with and 20_GO feet South of os measured at right angle
to the North line 0 I the Sou th 1/2. 01 th e Northwest 1/4 of th e
Southeast 1/4. of the Southwest 1/4. of said Section 3. for 431.94
feet; thence SOOdegOOmin45secW. along the Westerly Right-ol-Way line
of N.E. 28th Court ond its Souther1y prolongation as recorded in
Omcial Records Boak 6088. Page 160 of the Public Records of
Miami-Gode Coonty. Florida. for 760.62 feet; thence
N89deg59min25secW. along a line parallel with and 4+9.91 feet South
of, os measured at right or1g1es to the North line of the Southwest
1/4, of the Southwest 1/4. of the Southwest 1/4, of soid Section 3,
for 346.87 feet; thence I-JOOdeg46min52secW, along the Ecst line of the
Southwest 1/4, of the Southwest 1/4. 01 said Section 3. for 449_95
feet to the POINT OF BEGINNING. lying and being in Miomi-Oode
Coun ty, Florida.
TRACT "B":
The South 4049.91 feet, of the following described property:
A portion of the Southwest 1/4 of FrocuOf1ol Section 3, Township 52
South. Range 42 East. Miami-Oade County. Florida. being more
particularly described as follows:
Begin at the Southwest comer'of the Northwe:st 1/4 of the Southeast
1/4 of the Southwest 1/4 o( said Fractional Sedicn 3; thence
N89deg59min25secW. aioog the South line of the Northeast 1/4 of the
Southwest 1/4 01 the Southwest 1/4, of said Section J. for 80_21
(eel; thence NOQde901min~5secE for 310.B6 feet to a point on 0
curve (said pain t boors SOOdeg08min 15secW from the radus point of
the next described circular curve); lhence Southeasterly, along 0
CIrcular curve to the left (concave to the Northe<Jst). havm9 0
radius of 694.59 feet OI1d a central angle of OOdeg06min30sec for an
arc distance of 1.31 feet to 0 point of tangency; thence
S89deq58minl5secE. olong a line parallel with and 20.00 teet SOlJth
of os meaSlJred at right angles to. the North line at the Sauth 1/2
of the Narthwest 1/~ of the Southeast 1/+ of the Southwest 1/4 ot
said Section 3. for 431.94 feet; thence SOOdeq OOmin 45secW, along
the Westerly Right-ot-Way line of N_E. 28th Court and its Souful!f1y
prolongation os recorded in (Official Records Soak 6088. Page 160
of the Public Records of Miami-Dode County, Florida, for 760.62
feet; thence N89deg59min25secW, olong a line parallel with and
449.91 feet South of, os measured at rig/1t angles to the North line
ot the Sout'nwest 1/+ of the Southwest 1/4 of the Southwest 1/4 at
~aid Section 3, for 346.87 feel; thence NOOdeg46min52secW. along
the East line of the Southwest 1/4 of the Southwest 1/4, of said
Section J, tor 4-49.95 feet to the PONT OF BEGINNING, l)'1ng and
being in Miami-Oade County, F1orida.
TRACT "C":
A portion of the East 1/2 of the Southwest 1/~ of the Southeast 1/4-
of the Southwest 1/4- of Fractional Section 3, TOYlnship 52 South.
Range 4-2 East. Miami-Dade CDunty, Flonda, being more particularly
described os Follows:
Commence at the Northwest CDrner Df the East 1/2 of the Southwest
1/4.of the Southeast 1/4- of the Southwest 1/4 of soi1 Fractional
Section J: thence run S89deg59min2Ssecf along the North boundary o~,-
the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the
Southwest 1/4 of said Fractionol Section J, a distanc! of, 90.17-
feet to the point of intersection with East Right-of-Way boundary
of Northeast 28th Court as described in that certain Right-of-Way
Deed to Dade County, med on September 10. 1968. in Officiol
Records Book 6088, Page 160 at the Public Records of Miami-Dade
County, Florida. being the POINT OF BEGINNING of the porcel of land
hereinafter to be described: thence run SOOdegOOmin4SsecW along the
aforesaid described line, a distance of 361.28 feet to the point of
intersection ....ith a line that is JOO.OO feet North of and porallel
to the South boundary of the East 1/2 of the Southwest 1/4 of the
Southeast 1/4 of the Southwest 1/4 of SOld Fractional Section 3;
thence run N89deg57min54secE aloog the last described line, 0
distance of 200.28 feet to 0 point. soid point being 4fj.75 feet
West of the East boundary of the Southwest 1/4 of the Southeast 1/4
of the Southl'test 1/4 of said Fractional 3; thence run
NOOdegOOmin o!-5secE along a line thot is 200.28 feet East of and
parallel to the said East boundary of Northeast 26th Court. a
distance of J61.18 feet to the point of intersection with the North
boundary of the Southwest 1/4 of the Southeast 1/4 of the Southwest
1/4 of said Fractional Section J: thence run N89degS9min2SsecW
along the last described line. 0 distance of 200.28 fel!t to the
POINT OF BEGINNING.
ROAD TRACT:
That portion of 0 70.00 feet wide Right-af-Woy for N.E. 28th Court os
described in Official Records Book 6068. at Page 160 of the Public Records of
Miami-Dade County. F1arido. lyin9South of the North line of the East 1/2. of
the Southwest 1/4, of the Southeast 1/'l-. of the Southwest 1/'l-. of Section 3.
To...nship 52 _ South. Range 42 East, City of Aventura. Miami-Dade County.
Fl brida.
ALSO KNOWN AS:
A portion of the East l/Z. of the Southwest 1/4, of the Southeast 1/4, of the
Southwest 1/4 of Fractional Section 3. Township 52 South. Range 42 East.
Miami-Oode County, Florida. being more particularly descnbed os follows:
Commence at the Northwest corner of the East 1/2. of tl'1e Soutl'1wut 1/4, of
the Southeast 1/4. of the Southwest 1/4-. of said Section 3; thence
S89deg59min25secE. along the North Line of the East 1/2. of the Southwest
1/4. of the Southeast l/'l-, of the Southwest 1/4-. of said Section 3. for a
distance of 20.17 feet to its intersection with the West Right-of-Way line of
Northeast 28th Court. os described in that certain Right-of-Way Deed to
Miami-Dade County. filed on September 10th. 1958. in Official Records Soak
5088. Page 150 of tl'1e Public Records of Miami-Dade County. Florida, said point
also being the POINT OF' BEGINNING of the hereinafter described Parcel of Land;
thence con tinue S89deg59min25secE. along the lost described line. 0 distance
of 70.00 feet to its intersection with East Right-of-Way Line of said Northeast
28th Court: thence SOOdegOlmin45secW, along said Ecst Right-of-way line of
Northeast 28th Court, for 449.95 feet; tl'1ence N89deq59min25secW for 70.00
feet to ,ts Intersection "'11th so,d 'Nest Right-of-way Line of Northeast 28th
Court; thence NOOdegClm'n"-SsecE. olong said West R'lght-or-way line of
Northeast 28th Court. for 449.95 feet to the POINT OF BEGINNING.
LESS.
A portion of the East 1/2. of the Southwest 1/4, of the Southeast 1/4-. of the
Southwest 1/4- of Fractional Section 3. Townshio 52 South. Range 42 East.
Miami-Dade Coun ty. Florida. being more particularly described 05 follows:
Commence ot th e Northwest corner of the East 1/2. of the Southwest 1/4, of
the South east 1/4. of the Southwest 1/4. of said Section 3; thence
S89deg59min25secE. along the North Line of the East 1/2, of the Southwest
1/4-. of the Southeast 1/4.. of the Southwest 1/... of said Section 3, for Q
distance of 90.17 feet to its intersection with the East RigM-of-Way Line of
Northeast 28th Court. os described in thot certain Right-of-Way Deed ta
'Miami-Dade COlJnty. med on September 10th, 1968. in Official Records Book
6088. Page 160 of the PubHc Records of Miami-Dade County. Florida; thence
SOOdeg01 min45secW, olong the lost described lin e for 361.33 feet to the POIN T
OF 8EGINNING of the hereinafter described Parcel of Land: thence
SOOdeg01 min4SsecW for 88.62 feet thence NS9degS9mln2SsecW for 35.00 feet:
thence NOOdeg01min45secE for 88.60 feet; thence N89deg57min54secE for 35.00
feet to the POINT Of BEGINNING.
Containing 28.355.07 Square Feet and/or 0.65 Acre, more or less.
EXHIB IT B
PROJECT LAND USES, DENSITIES AND INTENSITIES
The Project includes the following described development, permitted on the
Property as described in Exhibit A attached to the Agreement.
Townhome Parcel. (South of Proposed NE 185th Street and west of
current NE 28th Court). This parcel is 4.482 acres gross, and 4.07
acres net. Proposed development of this parcel is for 62
townhomes under tb.e RMF4 and RMF3A zoning district
regulations. Proposed maximum height is 3 stories or 35 feet.
Condominium Parcel. (North of Proposed NE 185u1 Street and west
of NE 28th Court). This parcel is 2.30 acres gross, and 1.89 acres net.
Proposed development of this parcel is for 205 condominium units
under the RMF4 zoning district regulations. Proposed maximum
roof height is 18 stories or 186' - 6".
Lofts Parcel. (South of NE 185th Street and east of current NE 28th
Court). This parcel is 1.952 acres in size. Proposed development of
this parcel is for 138 loft-style apartment units under the RMF4
zoning district regulations. Proposed maximum height is 13 stories
or 206' 10".
OutparceL (South side of NE 185t11 Street, on northwest side of
Townhome Parcel). The outparcel is .284 acres in size. Proposed
development of the outparcel is for a swimming pool, clubhouse,
entry feature and guest parking. No residential development is
proposed for this parcel. Su bject to approval by the City
Corrunission, the Owner may install landscaping, a water feature,
or other decorative elements on this parcel.
EXHIBIT C
LIST OF REQUIRED DEVELOPMENT PERMITS
Department of Envirorunental Resource Management Permits
Miami-Dade County Public Works Department Permits
Miami-Dade Water and Sewer Authority Department Approval and permits
South Florida Water Management District Permit (Storm Water Management)
Full Building Permits, covering
Foundation
Electrical
Plumbing
Mechanical and Cooling Towers
Elevator
Fire/Life Safety Systems
Roofing
Glazing (Windows and Doors)
Stair and Balcony Railings
Signs
Certificates of Use and Occupancy
Such other permits as may be required by Federal, State and local law.
EXHIBIT D
PUBLIC FACILITIES
The Project win be serviced by those roadway transportation facilities
currently in existence as provided by State, County and local roadways. The
Project will also be serviced by public transportation facilities currently in
existence, as provided by Miami-Dade County, the Florida Department of
Transportation, and such oth.er governmental entities as may presently operate
public transportation services within the area of the Project. Sanitary sewer, and
solid waste services for the Project shall be those services currently in existence
and owned or operated by Miami-Dade County, and/ or the Miami-Dade Water
and Sewer Department. Potable water service shall be provided by the City of
North Miami Beach. Stormwater drainage service shall be provided by the City.
The Project shall be serviced by those existing educational facilities owned or
operated by the Miami-Dade Public Schools District, and shall be serviced by
those existing parks and recreational facilities located in Aventura owned or
operated by the United States Government, by the State of Florida, by Miami-
Dade County, and by the City.
The Project will also be serviced by any and all public facilities, as such are
defined in Section 163.3221(12) of the Act, that are described in the City's
Comprehensive Plan specifically including but not limited to those facilities
described in the Comprehensive Plan's Transportation, Infrastructure, and
Capital Improvements Elements. A copy of the Comprehensive Plan is available
for public inspection in the offices of the City's Community Development
Department.
--.--.---. ,--~-'------------"--- -..---- ~
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT
PURSUANT TO CHAPTER 163, F.S., DATED SEPTEMBER 2, 2003
AND AMENDED DECEMBER 29, 2004, MADE BETWEEN MERCO
GROUP AT AVENTURA LANDINGS I, II AND III, INC. AS DEVELOPER
AND THE CITY OF AVENTURA TO EXTEND THE TERM OF THE
AGREEMENT FROM FEBRUARY 2,2010 TO AUGUST 2,2012 AND TO
ADD APPLICABILITY OF THE CITY'S TRANSPORTATION
MITIGATION IMPACT FEE TO DEVELOPMENT OF THE
CONDOMINIUM AND LOFTS PARCELS, RELATING TO THE PARCELS
OF LAND ZONED RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL
DISTRICT, LOCATED ON NE 185 STREET AT NE 28 COURT, CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Philip Von Kahle, Receiver for MGAL REPH I, II, III
LLC, through Application No. 01-DA-10, has applied to extend the term of the
Development Agreement dated September 2, 2003, amended December 29, 2004, made
between Merco Group at Aventura Landings I, II and III, Inc., as owner, and the City of
Aventura; and
WHEREAS, pursuant to the terms of Paragraph 11. of the Development
Agreement, the termination date of the Agreement is February 2, 2010; and
WHEREAS, the building permit obtained for the construction of the "Condominium
Parcel" as described in Exhibit "B" to the Development Agreement has expired, and no
building permits were approved for the "Lofts Parcel" also as described in Exhibit "B"; and
WHEREAS, Paragraph 11 (B) of the Development Agreement provides that the
term of the Agreement may be extended in 2.5 year increments for up to 5 additional
years from the termination date of February 2, 2010, upon mutual agreement of both the
City and the owner/applicant; and
Ordinance No. 2010-
Page 2
WHEREAS, the owner/applicant has requested an extension of the termination
date of the Development Agreement to August 2,2012 in order to allow the property to be
marketed for sale while preserving the development approvals granted by the City; and
WHEREAS, pursuant to Paragraph 11 (B), the parties have mutually agreed to add
a new paragraph to the Modification of the Development Agreement to provide for
applicability of the City's Transportation Mitigation Impact Fee to development of the
"Condominium Parcel" and the "Lofts Parcel"; 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 and has
considered the testimony of all interested parties at the public hearings, and has
determined that the amendment to development agreement requested by the applicant
is appropriate; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Modification to Development Agreement attached as
Exhibit "A" to this Ordinance, extending the termination date of the Agreement from
February 2, 2010 to August 2, 2012 and adding applicability of the City's Transportation
Mitigation Impact Fee to development of the "Condominium Parcel' and "Lofts Parcel" is
hereby approved, for property legally described in Exhibit "B" to this Ordinance.
Section 2. The City Manager is hereby authorized to execute the agreement on
behalf of the City.
Ordinance No. 2010-
Page 3
Section 3. Severability. 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 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
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 Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
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 Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
PASSED on first reading this 6th day of July, 2010.
Ordinance No. 2010-
Page 4
PASSED AND ADOPTED on second reading this _ day of _, 2010.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
This Ordinance was filed in the Office of the City Clerk this _ day of
,2010.
City Clerk
Ordinance No. 2010-
Page 5
EXHIBIT "A"
MODIFICATION TO DEVELOPMENT AGREEMENT
THIS MODIFICATION TO DEVELOPMENT AGREEMENT ("Modification")
is entered into the _ day of , 2010, by and between the CITY OF
AVENTURA, Florida a municipal corporation, ("City") and MGAL REPH I, II, III, LLC,
("Owner").
R E C I TAL S:
WHEREAS, the Owner owns the property, consisting of approximately 9.02
gross acres of land (the "Property"), the legal description of which is attached hereto as
Exhibit A;
WHEREAS, the previous Owner, Merco Group at Aventura Landings I, II and III,
Inc., obtained development approvals relating to the Property, including an application
to amend the City of Aventura Comprehensive Plan, an application for rezoning, an
application for site plan approval, an application for various variances required to
develop the Project, and an application to close a portion of NE 28th Court (the
"Applications"), through the City's Community Development Department;
WHEREAS, on September 2, 2003, Merco Group at Aventura Landings I, II and III,
Inc. and the City entered into a development agreement ("Agreement"), pursuant to the
Florida Local Government Development Agreement Act Sections 163.3220-163.3243,
Florida Statutes;
WHEREAS, on October 5, 2004, an amendment to Exhibit "B" of the Development
Agreement was approved by mutual agreement of the parties to revise the number of
stories in the "Condominium Parcel" from 18 stories to 19 stories, with the maximum
overall height remaining the same at 186'6" and all other terms and provisions of the
agreement to remain in full force and effect;
WHEREAS, since the date of execution of the Agreement, the Owner has fulfilled
the conditions of Paragraph 4. of the Agreement to provide the necessary public facility
and has received necessary permits and constructed the 62 townhomes on the
"Town home Parcel"described in Exhibit"B" to the Development Agreement and has
recorded a Final Plat dividing the parcels into development lots and tracts;
Ordinance No. 2010-
Page 6
WHEREAS, the Agreement provides for a termination date of February 2, 2010;
WHEREAS Paragraph 11. of the Agreement provides for a term of five (5) years
from the effective date of February 2, 2005 and provides that the term may be extended
by mutual agreement of the City and the Owner in 2.5 year increments for up to an
additional five (5) years from the termination date;
WHEREAS the parcels were placed into Receivership in October of 2008 and a
corporate entity, MGAL REPH I, II, III, LLC, owned by the mortgagor, is now the title
holder;
WHEREAS, the building permit obtained for the construction of the "Condominium
Parcel" as described in Exhibit "B" has expired and no building permits were approved
for the "Lofts Parcel" also as described in Exhibit "B";
WHEREAS Section 163.3237, Florida Statutes, provides that a development
agreement may be amended by the mutual consent of the parties to the agreement;
WHEREAS, the Owner and City agree to a modification to Paragraph 11. of the
Agreement to extend the term of the Agreement for a further 2.5 years, from the
February 2, 2010 expiration date to August 2, 2012 in order that the Receiver may
market the property for sale while preserving the development approvals granted by the
City;
WHEREAS, in consideration of the extension of the development rights and
approvals granted under the Agreement, the Owner and City agree to a further
modification to add applicability of the City's Transportation Mitigation Impact Fee to the
two remaining undeveloped parcels, namely, the "Condominium Parcel" and the "Lofts
Parcel" .
NOW, THEREFORE, in consideration of the mutual covenants and agreements
expressed herein, the Owner and City agree as follows:
1. Recitals. The recitals set forth above are incorporated herein and form an
integral part of the Modification.
Ordinance No. 2010-
Page 7
2. The Development Agreement dated September 2, 2003, amended by
Modification to Agreement dated December 29, 2004, is hereby further modified to
extend the term of the Agreement in Paragraph 11. its termination date of from
February 2, 2010 to August 2012.
3. The Development Agreement dated September 2, 2003, amended by
Modification to Agreement dated December 29, 2004, is further modified by addition of
Paragraph 7 (a) as follows:
"Paragraph 7 (a).
The parties agree that payment of the Transportation Mitigation Impact
Fee enacted by Ordinance No. 2008-08, amended by Ordinances No.
2009-04 and 2009-08, shall be required prior to the issuance of any
building permits for the "Condominium Parcel" and the "Lofts Parcel" as
described in Exhibit "B" to the Agreement."
4. The terms and conditions of the Agreement shall remain in full force and
effect except as herein modified.
Signed, sealed, executed and acknowledged this
2010.
day of
CITY
CITY OF AVENTURA, FLORIDA
Attest:
By:
By:
Teresa Soroka, MMC
City Clerk
Eric M. Soroka, ICMA-CM
City Manager
Ordinance No. 2010-
Page 8
OWNER
WITNESSES:
MGAL REPH I, II, III, LLC
By:
Print Name:
Print Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was sworn to, subscribed and acknowledged before me, this
day of by
who is personally known to me or produced as identification.
My Commission expires: By:
Notary Public
State and County aforesaid
(Notarial seal)
Ordinance No. 2010-
Page 9
EXHIBIT "B"
LEGAL DESCRIPTION OF PROPERTY
Tracts A, B, C, D, E, F and G and Lots 1 through 62 inclusive, according to the Plat
thereof recorded in Plat Book 166, Page 58, of the Public Records of Miami-Dade
County, Florida,
all lying at the intersection of NE 28 Court and NE 185 Street, City of Aventura
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, IC
City Manager
TO: City Commission
BY: Joanne Carr, AIC
Community Develop
DATE: June 18, 2010
SUBJECT: Application to Amend Section 31-145(b) of the Land Development
Regulations to add permitted uses to the TC1, Town Center District
(01-LDR-10)
July 6, 2010 Local Planning Agency Agenda Item 4f>
1st Reading July 6,2010 City Commission Meeting Agenda Item ~
2nd Reading September 7, 2010 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31-145 (b), "Town Center District (TC1)" of the Land Development Regulations to
allow additional permitted uses in the district.
THE REQUEST
The applicant, Aventura Fashion Island LP, is requesting revision to the Town Center
District (TC1) of the City's Land Development Regulations to allow the following uses as
permitted uses in the zoning district:
· Bookstores limited to 25,000 square feet and limited to one bookstore per center
· Dancing, theater, language, art or tutoring academies limited to 5,000 square feet
or less
· Furniture stores limited to 10,000 square feet and limited to two (2) furniture stores
per shopping center
· Grocery stores limited to 50,000 square feet, limited to one grocery store per center
· Health and exercise clubs limited to 10,000 square feet, limited to one per center
. Department stores limited to 50,000 square feet and limited to no more than one
department store per center
. Martial arts, dance or exercise studios limited to 2,500 square feet
. Dog/pet hospitals limited to 2,500 square feet
. Pet shops with a limitation of 5,000 square feet
(See Exhibit #1 for Letter of Intent)
DESCRIPTION OF THE PROPOSED AMENDMENT
The amendment proposed to Section 31-145(b) of the Land Development Regulations is
the following addition in underlined text:
"Sec. 31-145. Town Center Zoning Districts.
(b) Town Center District (TC1). The following regulations shall apply to all TC1 Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following specific
uses, provided the requirements set forth elsewhere in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection, mixed-use
buildings or structures are those combining residential dwelling units conforming
generally with the intent of the RMF3, Multi-Family Medium Density Residential
District, with office and/or retail commercial uses allowed in the B1, Neighborhood
Business District, where the ratio of total square feet dedicated to residential and
non-residential uses is between 3:1 and 1 :3.
b. Bookstores limited to 25,000 square feet in total floor area and limited to one
bookstore per center.
c. DancinQ, theater, lanQuaQe, art or tutorinQ academies limited to 5,000 square
feet of total floor area.
d. Furniture stores limited to 10,000 square feet of total floor area and limited to
two (2) furniture stores per center.
e. Grocery stores limited to 50,000 square feet of total floor area, limited to one
(1) Qrocery store per center.
f. Health and exercise clubs limited to 10,000 square feet of total floor area,
limited to one (1) health and exercise club per center.
Q. Department stores limited to 50,000 square feet of total floor area and limited
to one (1) department store per center.
2
h. Martial arts. dance or exercise studios limited to 2,500 square feet of total
floor area.
I. Pets shops limited to 5,000 square feet of floor area.
I. Doq/pet hospitals limited to 2.500 square feet of total floor area. with the
followinq conditions:
1. All business activities of a doq/pet hospital shall be conducted within a
completely enclosed, air-conditioned structure, insulated to prevent noise
disturbance to adiacent residential and non-residential uses.
2. No open-air pet exercise areas or kennels are permitted.
ANAL YSIS
The Town Center (TC1) zoning district is intended to provide suitable sites for the
development of structures combining residential and commercial uses in a well planned
and compatible manner. The goal is a downtown for our City that primarily serves our City
residents with a mixture of different urban functions, multimodal transportation and high
quality urban design. The uses in the district are to be consistent with, but may be more
restrictive than, the corresponding Town Center land use category permitted uses.
Residential densities may not exceed 25 units per gross acre and nonresidential densities
may not exceed a floor area of 2.0. The Town Center was defined in the Comprehensive
Plan as the future hub of activity and intended to be a moderate to high intensity, design-
unified area containing a mixture of uses integrated horizontally and vertically, developed
with a thematic plan, served by public transit, designed for comfort and safety of
pedestrians. Both large and small businesses are encouraged in the center, but the Town
Center is to contain numerous moderate and smaller sized businesses which serve, and
draw from, the nearby community.
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
2. The proposed amendment IS consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. The future land use designation for properties zoned Town
3
Center (TC1) District is Town Center. The intent of the Town Center land use
designation is described in the Future Use Element of the City's Comprehensive Plan.
It is intended as the future hub of activity and intended to be a moderate to high
intensity, design-unified area containing a mixture of residential and non-residential
uses integrated horizontally and vertically, developed with a thematic plan, served by
public transit, designed for comfort and safety of pedestrians. Both large and small
businesses are encouraged in the center, but the Town Center is to contain numerous
moderate and smaller sized businesses which serve, and draw from, the nearby
community.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. "The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City..." The proposed amendment is consistent with this
purpose.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides compatible permitted uses in the Town Center
(TC1) District.
4
-:I
III
BERCaW RADELL ~ FERNANDEZ
ZONING. LAND USE AND ENVIRONMENTAL LA'^'
DIRECT LINE: 305-377-6238
E-MAIL: mmarrero@brzoninglaw.com
VIA F ACSIMLE AND E-MAIL
Exhibit #1
01-LDR-10
June 24, 2010
Ms. Joanne Carr
Community Development Director
City of A ventura
19200 West Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Land Development Code Amendment Regarding TCl Uses
Dear Joanne:
This law firm represents Aventura Fashion Island, LP and Turnberry
Associates, Inc. (the II Applicant"), with regard to an application to amend the
City of Aventura Land Development Code to permit additional uses in the Town
Center (Tel) Zoning District.
The Applicant acquired the area designated Town Center and zoned Tel,
in 2006 with plans of redeveloping the existing Loehmann's Plaza. The Tel
zoning district currently only permits Bl commercial uses within the center. It
had always been the Applicant's intention to work with the City to expand the
permitted uses, while still maintaining the Town Center's character.
Presently, the Applicant has been working with staff to determine the
specific uses that have been the subject of possible tenancies at the existing
center, in addition to being consistent with the objectives of the Town Center. In
addition, many of the existing uses that continue to be popular among residents
would not be permitted under the existing TCl regulations. To further fulfill
these objectives, the Applicant's proposals also include limitations in size for all
of these acceptable uses, and limitations on number of permitted tenants for
some of the proposals. These specific uses are the following:
WACHOVIA FINANCIAl.. CENTER' 200 SOUTH BISCAYNE BOULEVARD, SUITE 850. MIAMI, FLORIDA 3313'
PHONE. 305.374.5300' FAX. 305.3n.6222 . WWW.BRZONINGLAW.COM
Ms. Joanne Carr
June 22, 201 0
Page 2
. Bookstores up to 25,000 square feet. There shall be no more than
one (1) bookstore per shopping center.
. Dancing, theater, art, language arts or tutoring academies limited to
5,000 square feet or less.
. Department stores limited to 50,000 square feet. There shall be no
more than one (1) department store per shopping center.
. Dog/ pet hospitals with a limitation of 2,500 square feet.
. Furniture stores limited to 10,000 square feet. There shall be no
more than two (2) furniture stores per shopping center.
. Grocery stores limited to 50,000 square feet. There shall be no more
than one (1) grocery store per shopping center.
. Health and exercise clubs limited to 10,000 square feet. There shall
be no more than one (1) health and exercise club per shopping
center.
. Martial arts, dance or exercise studios with a limitation of 2,500
square feet.
. Pet shops with a limitation of 5,000 square feet.
Section 33-77(g) of the City Code provides standards that staff and the
City Commission shall consider when reviewing proposed amendments to the
text of the City's Land Development Regulations (the "LDRs"). The Applicant's
request addresses each of the standards as follows:
(1) The proposed amendment is legally required.
In order for many additional proposed tenancies to enter the existing
center, the proposed amendment to the LDRs must be approved. In
addition, many of the existing uses that are currently not permitted in
TCl, but grandfathered in (such as the grocery store and the bookstore) ,
could be lost by a fire, storm, or other act of God, or if significant repairs
were required.
(2) The proposed amendment is consistent with the goals and
objectives of the Comprehensive Plan.
BERcaw RADELL lS.. FERNANDEZ
ZONING. LAND USE AND ENVIRONMENTAL LAVV
Ms, Joanne Carr
June 22, 201 0
Page 3
The proposed uses and size limitations are consistent with the goals and
objectives of the Comprehensive Plan, specifically the Town Center
designation.
(3) The proposed amendment is consistent with the authority and
purpose of the LDR.
The proposed amendment is consistent with the authority and purpose of
the LDRs ,as described in Section 31-2 of the City Code.
(4) The proposed amendment furthers the orderly development of the
City.
The proposed amendment certainly furthers the orderly development of
the City. Currently, the Town Center faces additional issues with
tenancies because of the existing limits to permitted uses there. The
approval of this proposed amendment will allow for additional
appropriate uses that will assist the development of the center,
prominently located on Biscayne Boulevard and 187th Street.
(5) The proposed amendment improves the administration or execution
of the development process.
Since the uses being proposed are consistent with the goals and objectives
of the Town Center, the approval of the amendment will improve the
administration or execution of the development process. Otherwise, each
specific tenancy request would require a variance or conditional use
approval. The delays caused by such approvals would cause additional
strain on the administration of the Town Center, and would require a
significant increase in public hearing requests.
For all the foregoing reasons, the applicant respectfully requests your
department's favorable review and recommendation of this application. Should
you have any questions, comments, or require additional information, please do
not hesitate to phone my direct line at (305) 377-6238.
Sincerely yours,
~---
Michael J. Marrero
BERcaw RADELL &. FER NAN DEZ
ZONING. LAND USE AND ENVIRONMENTAL LAVV
ORDINANCE NO. 2010-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 31-145(b} "TOWN
CENTER DISTRICT (TC1)" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO REVISE THE LIST
OF PERMITTED USES IN THE DISTRICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to permit additional permitted uses in the TC1 zoning district;
and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
pursuant to the required public hearing and has recommended approval to the City
Commission; 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 action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. Section 31-145 (b), "Town Center District (TC1)" of the Land Development
Regulations is hereby amended as follows 1:
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts: ...
(1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following
specific uses, provided the requirements set forth elsewhere in this section are
satisfied:
1 Underlined provisions constitute proposed additions to existing text; text without underline or strike-
through constitute existing text.
Ordinance No. 2010-_
Page 2
a. Mixed-use structures. For the purposes of this subsection, mixed-use buildings or
structures are those combining residential dwelling units conforming generally with
the intent of the RMF3, Multi-Family Medium Density Residential District, with
office and/or retail commercial uses allowed in the B1, Neighborhood Business
District, where the ratio of total square feet dedicated to residential and non-
residential uses is between 3: 1 and 1 :3.
b. Bookstores limited to 25,000 square feet in total floor area and limited to one
bookstore per center.
c. Dancinq, theater, lanquaqe, art or tutorinq academies limited to 5,000 square feet
of total floor area.
d. Furniture stores limited to 10,000 square feet of total floor area and limited to two
(2) furniture stores per center.
e. Grocery stores limited to 50,000 square feet of total floor area, limited to one (1)
qrocery store per center.
f. Health and exercise clubs limited to 10,000 square feet of total floor area, limited to
one (1) health and exercise club per center.
q. Department stores limited to 50,000 square feet of total floor area and limited to
one (1) department store per center.
h. Martial arts, dance or exercise studios limited to 2,500 square feet of total floor
area.
I. Pets shops limited to 5,000 square feet of floor area.
I. Doq/pet hospitals limited to 2,500 square feet of total floor area, with the followinq
conditions:
1. All business activities of a doq/pet hospital shall be conducted within a
completelv enclosed, air-conditioned structure, insulated to prevent noise
disturbance to adiacent residential and non-residential uses.
2. No open-air pet exercise areas or kennels are permitted.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
Ordinance No. 2010-_
Page 3
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 4. Inclusion in the Code. 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; that the sections of this Ordinance may
be renumbered or relettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by
, who moved its
adoption on first reading. This motion was seconded by
, and
upon being put to a vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
The foregoing Ordinance was offered by
, who moved its
adoption on second reading. This motion was seconded by
and upon being put to a vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Ordinance No. 2010-_
Page 4
Commissioner T eri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
PASSED on first reading this _ day of
,2010.
PASSED AND ADOPTED on second reading this _ day of
,2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of _' 2010.
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THE OPPENHEIMER REPORT
THE AMERICAS
Santos could take Colombia to next level
Keep an eye on Colombia!
After Sunday's landslide
victory of presidenl-elect
Juan Manuel Santos, Colombia
CQuld follow the steps orBrazil,
Chile and Peru, and become
Soutb America's next ,"'Conomie
success story.
Granted, many things can go
wrong,including !l re~urgence of
Marxi~t guerrilla violence and a
new round of tensions with
neighboring Venezuela and
Ecuador. But well.placed Colom~
bia watchers cite four major rea~
son.~ why Colombia could take
oitunder Sa.nt~.
First, Santos, who most
recently served as outgoing Pres~
ident Alvaro Uribe's minister at'
defeme, won with nearly 70 per~
cent of the vote, and 2 million
votes more tban what Uribe got
inbis last election. That wUlgive
Santos a solid majority in Con.
gress, which will allow him to
woo investments with guaran-
tees of economic continuity and
embark on ambitious energy.
health and education refonns.
Colombia is already the
fourth~largest recipient ofior~
eign investment in LatinAmer~
ica - after Brazil. Chile and
_WAlCH 'OPPENHEIMER PRESENTA'
A18 P.M. FRIDAYS ON YE~J4E TV, AND
1 P.M. SUNDAYS ON GENTY, tH. 8.
Mexico. according to a recent
United Nations report. Many
economist$think Santos may be
able to meet his campaign vow to
achieve a 6 percent growth rate
within two years because his
focus will be on the economy.
Unlike Uribe, a lawyer by pro-
fession, Santos is an economi'!t
who graduated lrorn the univer~
sityofKansaund the London
School of Economics. He started
his government caret.>1' as minis-
ter of fureign trade and was later
finance minister. Not !lUrpris~
ingly, his first appointment was
that of his fmance minister~des~
ignate, Juan Carlos Echeverry.
Second, Santos may have a
better chance than Unbe of get-
ting the U.S. Congress to ratify
the free trade a~'1nent that
was signed by fonner President
.\ncJn'!<,o
()Ill)('nhl'inwr
<l(lI>P"n~l<!i"""f"
MfillYliH...~!rJ (OfT'
George W. Bush and Uribe in
2006. Democrat'! in the U.S. Con-
gress have refu$t!d to ratify the
deal because of concerns over
human rights violation.'! against
trade unionists in Colombia.
"Santos will get along better
with the Democrats because he
doesn't h3ve a hiM.ory [often~
si.onsJ with Obama and Clinton,"
fonner Colombian President
Cesar Gaviria told ~ this week.
But U.S, congressional *>Urces
caution that the Democratic
majority in Conwess will not
submit the treaty to a vote before
Novt'lt1ber'!l u.s. congressional
elections, and what happens
thereafter may depend on the
outcome of the vote.
LESS POLARIZATION
Third, Santos has a less con-
frontational personality than
Uribe, and may be more l.ikely to
ease tension.'! both at home and
with Colombia's neighbors,
many observers say.
"There is already a new cli~
mate,ofless polariultion in the
country," C~viria said "People
feel that the new government
won't be constantly fighting with
non-government organizations
$N59DO~i~
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1-866-924-1936
14780 BISCAYNE BLVD. IUS.'), . N. MIAMI BEACH
Ju.1 2 Mi"'-'* South or AVtlnl:t.lra MaN
~....
OR SHOP ONLINE 2.n AT PREST1GEAUDJMIAMI.COM
~ CITY OF AVENTURA
~ PUBLIC NOTICE
Public Notice is hereby givefl that the City of Mentura local
Planning Agent;' will meet in a publiC hearing on Tuesday, July
6,2010 at 6:00 p.m. to make a recommendation regarding the
adoption of the following Ordinance
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, APPROVING AN AMENDMENT
TO THE DEVELOPMENT AGREEMENT
PURSUANT TO CHAPTER 163, F,S., DATED
SEPTEMBER 2. 2003 AND AMENDED
D~BER 29, 2004, MADE BETWEEN MERCO
GROUP AT AVENTURA LANDINGS I. II AND III,
INC.ASDEVaOPERANDTIECITYOFAYENTURA
TD EXTEND TIlE TERM DF THE AGREEMENT
FROM FEBRUARY 2, 2010 TO AUGUST 2, 2012
AND TO ADD APPUCABIUTY OF THE CrTY'S
TRANSPORTATION MmGATlm IMPACT FEE
TO DEVELOPMENT OF THE CONDOMINIUM AND
LOFTS PARCElS, RELATING TO THE PARCElS
OF LAND ZONED RMF4, MULTIFAMILY HIGH
DENSITY RESIDENTlAI. DISTRICT, LOCATED
ON NE 185 STREET AT NE 28 COURT, CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT ON BEHALf OF
THE CITY; PROVIDING FOR SEVERABIUTY;
PROVIDING FOR AN EFFECTIVE DA.TE.
Immediately following the local Planning Agency meeting, the
City Commisskm of the City of Aventura, as the governing body,
will consider, at a public hearing, first reading of the Ordinance
and wll again consider the above described Ordinance for
adoption after second reading on Tuesday, September 7,2010
at6:00p,m.
The Public Hearings will be held in the City Commission
Chamber at City of Avenbn Government Center, 19200
west Country Club Drive, Aventum, Aorida, 331&1. The
proposed Ordinance may Oe inspected by the public atthe Office
of the City Cieri< at the above address. Interested parties may
appear at the Public Hearings and be heard with respect to the
proposed Ordinance.
In accordance with theAmericans with OisabiJitiesAct 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 pen;on 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 testinoll)'
and e\lidence upon which the appeal is to be based.
Teresa M. Soroka, MMe, City Cieri<
. Rama~ Spec~1 Dffer"
. 100% Financing
'.:.'. . . No Down Paymlt
..... . No Interest
WIJ..IiiilI! lor 6 Monlhs
Fl'LPNI1IC1PA11N6
1NDB'BWBfT CON1JlAl::1OR-
RfBATEII'TO$1I13O.lII
.1iII1E
. ~ 305-262-1121
~~~ (DADE)
C..o4319~ .l.J':;;~ ~=%.'c~QlJofflod alln15
1.:':\ CITY OF AVENTURA
~. NOTICE OF HEARING OF
LOCAL PLANNING AGENCY AND
NOTICE OF AMENDMENT OF THE
CITY'S LAND DEVELOPMENT
REGULATIONS
Public Notice is hereby given that the Aventura City
Commission, sitting as the City of Aventura Local Planning
Agency will meet in a publiC hearing on Tuesday. July 6, 2010
at 6:00 p.m. to consider a motion recommending adoption of
the following Ordinance:
AN ORDINANCE OF THE CITY DF AVENTURA,
FLORIDA, AMENDING SECllON 31-145(b)
"TOWN CENTER DISTRICT (TCI)" OF THE
CITY'S LAND DEVELOPMENT RfGULATIONS TD
REVISE THE LIST OF PERMITTED USES IN THE
DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Immediately following the Local Planning Agency meeting,
the City Commission of the City of Aventura, as the governing
body, will consider at a public hearing, as first reading,
adoption of the abOve described Ordinance and will again
consider adoption of the above described OrdInance, as
second and final reading, at a publiC hearing on Tuesday,
September 7. 2010 at 6:00 p.m.
The above described Public Hearings 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, 19200 West Country Club Drive,
Aventura, Florida. Interested parties may appear at tile
Public Hearings and be heard with respect to the profXlSed
Ordinance
In accordance with the Americans with Disabilities Act of
1990, all persons who are disabled and who need spadal
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, as Local Planning Agency or as the
governing body, 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
like human rights groups, like
Uribe did. And Santos will not
allow himself to be isolated
internationally, like Uribe did."
Fourth, Santos vowed in his
victory speech to fight impunity
othuman rights abusers, and to
improve presidential ties with
the ju!Stice system, which may
improve Colombia', human
right~ situation.
'A PRAGMATIST'
Jose Miguel Vivanco, head of
Latin American afti,,irs of the
Human Rights Watch monitor.
ing group and one of the most
prominent critics of Uribe's
human rights record. told me
that "Santo!l is a pragmatist.
which means that if he get!l the
right signals from the interna~
tio031 community on the human
rigbl'" is....ue. he is more likely to
respond positively than thl:! out.
goin(!: president."
Vlvanco added, however, that
there are coneern."; in the human
rights community over Santos'
campaign vows to allow the mili.
tary to prosecute its members on
human rights violations, and to
subordinate the attorney gener-
al's ol:nce to the presidential
office.
My opinion: I'm not buying
the conventional wisdom in
Colombia that Santos will be
able to improve ties with Vene-
zuelan President Hugo Chavez.
The Venezuelan president
needs a permanent confrontation
with Colombia in order to divert
attention from worget1ing eco-
nomic problems at home. and to
justify his increasingly authori~
tarian rule. Also, Santos told me
in a recent interview that he and
Chavez "are like water and oil,"
and these two elements don't
mix no matter how hard you try
to bring them togetht.'1".
But I think there is an at least
even chance that Santos may
take Colombia to the next level.
taking advantage oCthe eco-
nomic stability he inherited, his
huge mandate in the polls. and
his lOcus on the economy. Ifhe
does reasonably well, Colombia
may be the next rising star in the
region
~ MlamiHeralcLcom/
"PolItics
Andres Oppenlleimer will reply 10
p-mails at his column's comments
5ectloneachweek
LATIN AND CARIBBEAN BRIEFS
. CUBA
Release of dissident
pleases United States
From MIami H",rilldWlrp Servlc{oIs
HAVANA - The U.S, is applauding the release of a
human-rights activist, but says. he should not have been
jailed tor n months while he waited for his day in court.
Dani Ferrer was found guilty Tuesday of purchasing
black.markl.-t cement and released on time !leTVed.
Supponen say Ferrer was. targeted {or his political
views and punished {or a crime that Cuban autharities
olten overlook.
U.S_ State Department spokesman P.J. Crowley told
reporters Wednesday in Washingtan that the U.S. con-
siders Ferrer's release a positive development.
Crowley added, "We hope that the Cuban government
will continue to take measures demonstrating the
increased respect for human rights and fundamental
freedoms."
. BRAZIL
FLOOD WIPES AWAY TOWN; DOZENS DEAD
RlO DE JANEIRO - Torrential waters tlattened a
small town as 1:1oOOs raged through two states in not1h~
eastern Brazil and the death toll was expected to surpass
44 as rescuers searched for hrmdreds of people reported
missing.
Mayor Ana Lopes said the entire town ofBranquinha.
population 12,000. will have to be rebuilt in a dirl:erent
location.
Television footage showed a train station washed
away. its tracks ripped from the earth. Cars lay over~
turned and strewn along a riverbank. Dazed people wan.
dered about streets littered with couches. chairs and.
mountains .of mud.
A humble Roman Catholic Church with a rose-
colored facade- was one of the few buildings to survive-
but it was surrounded by the rubble ofnearby homes_
Storms last week dumped a month'!'; warth oi rain on
part.. of Alagoas and :neighboring Pernambuco state. near
the point where Brazil juts tarthest east into the Atlantic.
. VENEZUELA
CHAVEZ RESHAPES CABINET
CARACAS - President Hugo Chavez shuftled his
Cabinet as his government grapples with numerous
domestic ills and his governing party prepares for crucial
collgrelSional elections.
Nine top ranking officials were appointed. Most ofthe
outgoing C.abiner. members have been selected as ruling
party candidates for September's vote and are some of
the socialist Jeaders closest collaborators, including
Diosdado Cabello, Erika Faria, Hector Navarro, and Luis
Reyt.>s.
Francisco Garces Da Silva, formerly thf:.' director .of
Venezuela's seismological agency, will replace Cabello
as the minister of transportation and communicatiOn.
while Isis Ochoa replaces Faria as the minister of com-
munes 2I1d social protection.
. u.s, VIRGIN ISLANDS
COUPLE IMPRISONED FOR IMPORTING CORAL
CHARLom AMALIE - A Taiwanese couple in the
U.S. Virgin Islands has received what the Justice Depart~
ment said are the longest prison sentences ever issued
for illegal coral tr.lde.
Ivan Chu was sentenced to 30 months in prison while
Gloria Chu was sentenced to 20 months. Eacb will also
have to pay a $1Z,500 fine.
The couple pleaded guihy in March to illegally
importing mo-re than $194,000 worth of protected black
coral to a company:in St. Thomas from 2007 to 2009.
The U.S. Justice Department said in a statement that
the couple used to have export permitS but: oould not
obtain them a.. of2007 because they did not: have a certif~
kate of origin for the coral.