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11-05-2013�i.,tly ye,Fn" Local PlanningAeenc Susan Gottlieb, Mayor ]Enbar Cohen Teri Ilolzberg Billy Joel Michael Stern Howard Weinberg Luz Urbaez Weinberg LOCAL PLANNING AGENCY AGENDA NOVEMBER 5, 2013 - 6 PM Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER \ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: JULY 9, 2013 Gbf Manager ]Eric M. Soroka, ICMA -CM Gtr Clerk Teresa M. Soroka, MMC City Attorney Weiss Serota Hellman Pastoriza Cole & Boniske 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 3.359 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER; AND AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION OF A 4.032 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" TO THIS ORDINANCE, FROM BUSINESS AND OFFICE TO TOWN CENTER; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 7.391 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2, COMMUNITY BUSINESS DISTRICT TO TC3, TOWN CENTER NEIGHBORHOOD 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, 19200 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. TMINUTES Government Center A LOCAL PLANNING AGENCY 19200 W. Country Club Drive MEETING Aventura, Florida 33180 101 JULY 9, 2013 6 PM 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. Present were Commissioners Enbar Cohen, Billy Joel, Howard Weinberg, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. Commissioner Teri Holzberg was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Police Chief Steven Steinberg. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the January 8, 2013 LPA Hearing was offered by Commissioner Joel, seconded by Vice Mayor Stern, and unanimously passed. (The following presentations were scheduled for the Commission meeting and moved to this meeting): FIU Development Officer Dr. Jan Solomon presented the 2013 -14 First Generation Scholarship Awards to Gabriel Padilla, Maya Weissman, Matias Carrion, Mitra Mollaire, Paula Suarez, Valentina Adarraga, Catalina Raymondi, Juan Osorio and Chantal Cisnero. Mr. Soroka presented a Certificate of Appreciation for ten years of service to Malinda Daniels. 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: A motion for approval was offered by Commissioner Howard Weinberg and seconded by Commissioner Joel. Mr. Wolpin announced that testimony given during this hearing would be introduced in the Commission meeting considering adoption of the subject ordinance on first reading. He then read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31 -145 "TOWN CENTER ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY ADDING "TOWN CENTER NEIGHBORHOOD (TC3) DISTRICT" TO THE SECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; 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. The following individual(s) addressed the Commission: Mickey Marrero, Esq., and Jeffrey Bercow, Esq., representing the applicant. There being no further speakers, the public hearing was closed. The motion for approval passed by roll call vote 5 -1 with Mayor Gottlieb voting no. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, the meeting adjourned at 6:33 p.m. Approved by the LPA on Teresa M. Soroka, MMC, City Clerk 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC - City Manager BY: Joanne Carr, AIC Community Development Director DATE: October 28, 2013 SUBJECT: Small scale amendment to the City's Comprehensive Plan to change the land use designation of the westerly portion of the land on NE 207 Street at the corner of NE 30 Avenue totaling 4.032 acres from Business and Office to Town Center and to change the land use designation of the easterly portion of the land on NE 207 Street at the corner of NE 30 Avenue totaling 3.359 acres from Medium High Density Residential to Town Center (01- CPA -14 - Small Scale Amendment) November 5, 2013 Local Planning Agency Agenda Item November 5, 2013 City Commission Meeting Agenda Item January 7, 2014 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1. Approve the small scale Comprehensive Plan amendment to change the land use designation of land on NE 207 Street at the corner of NE 30 Avenue totaling 4.032 acres from Business and Office to Town Center; and 2. Approve the small scale Comprehensive Plan amendment to change the land use designation of land on NE 207 Street at the corner of NE 30 Avenue totaling 3.359 acres from Medium -High Density Residential to Town Center; and 2. Approve the transmittal of the amendment to the Division of Community Planning of the Florida Department of Economic Opportunity pursuant to Chapter 163, Florida Statutes. THE REQUEST The applicant is requesting a small scale Comprehensive Plan amendment to change the land use designations of its landholdings on NE 207 Street at the corner of NE 30 Avenue to facilitate a rezoning of the parcel to Town Center Neighborhood (TC3) District. The current future land use designation westerly portion is Business and Office. The current future land use designation on the easterly portion is Medium High Density Residential (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT LOCATION OF PROPERTY Aventura Land Ventures, LLC Michael J. Marrero NE 207 Street at NE 30 Avenue See Exhibit #2 for Location Map SIZE OF PROPERTY Approximately 3.359 acres subject of land use amendment request from Medium High Density Residential to Town Center Approximately 4.032 acres subject of land use amendment request from Business and Office to Town Center (total landholding is 7.391 acres of unopened rights Resolution No. 2006 -61) DESCRIPTION /BACKGROUND acres including 1.459 of way abandoned by The site is vacant land owned by the applicant and is comprised of seventy -seven platted lots in Blocks 17 and 18 of the Hallandale Park No. 8 plat, Tract 1 on the plat of Lauranna and Tract 1 on a replat of Hallandale Park No. 8. The landholding referred to in this report also includes the unopened platted right of way of NE 206 Street, part of the unopened platted right of way of NE 207 Street and two 10 foot unopened platted alleyways. On adoption of the City's Comprehensive Plan 1998 and the Land Development Regulations in 1999, this property was designated as Business and Office on the Future Land Use Map and was zoned Community Business (132) District on the Zoning Map. 2 In 2006, the previous owner of the land applied to the City Commission for an amendment to the future land use map to change the easterly portion of the site comprising 3.359 acres from Business and Office to Medium High Density Residential. The amendment was approved by the City Commission through Ordinance No. 2006 -14 . This future land use map change was requested to permit a proposed development of 36 townhomes and 68 loft style condominium units on this easterly portion. There was no change requested to the westerly portion of the property. It remained in the Business and Office land use designation. The 2006 development proposal for this westerly portion included a hotel, office, parking garage and retail uses. The 2006 development did not proceed. The current owner wishes to develop a mixed - use project under the Town Center Neighborhood (TC3) district regulations. In order to do so, the owner has requested this amendment to the future land use map to designate the entire parcel as Town Center. This will facilitate a concurrent request for rezoning to Town Center Neighborhood (TC3) District. Although no formal site plan has been submitted fc presented its preliminary development proposal to meeting of May 16, 2013. The site plan application the TC3 district zoning development criteria which residential, assisted living, hotel and indoor or oi Center. - review by the City, the applicant has 'he City Commission at the workshop ultimately submitted must comply with includes provision of residential, non - tdoor recreational uses in the Town The current landholding of the applicant is 5.932 acres. The total development site area will be 7.391 acres once the applicant satisfies the conditions of Resolution No. 2006 -61 which abandoned the unopened right of way of NE 206 Street, part of the unopened right of way of NE 207 Street and two 10 foot unopened alleyways reserved on the plat of Hallandale Park No. 8, consisting of a total of 1.459 acres of land. ANALYSIS Future Land Use Designation Subject Property: Business and Office and Medium High Density Residential Properties to the North: Business and Office Properties to the South: Business and Office Properties to the East: Medium High Density Residential Properties to the West: Business and Office Zoning Subject Property: Properties to the North: Properties to the South Properties to the East: Properties to the West: B2, Community Business District OP, Office Park District CF, Community Facilities District RMF3, Multifamily Medium Density Residential District B2, Community Business District 3 Existing Land Use Subject property: Properties to the North; Properties to the South Properties to the East: Properties to the West: vacant office religious facility and school residential retail plaza Access — The parcel is bounded by NE 207 Street to the north, NE 30 Avenue to the east and NE 29 Avenue to the west. Conformity to City Comprehensive Plan — The amendment is consistent with the goals, objectives and policies of the City's Comprehensive Plan. More specifically, the proposal is consistent with the following policies in the Future Land Use, Transportation, Parks and Recreation and Coastal and Conservation elements of the Plan: Future Land Use Element Policy 8.2 Applications to amend the City's Future Land Use Plan map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in particular the extent to which the proposal, if approved, would. 1. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City; Recent census data shows that the City is continuing to grow, the median age is lower and the family size is larger. Demand for housing is therefore increasing. At the same time, there is an identified demand for senior living facilities in the City and an identified demand for recreational opportunities. The residential use, assisted living facility and recreational uses along with the non - residential uses required as a component of the development in the requested Town Center land use category will accommodate projected population and economic growth. 2. Enhance or impede provision of services at adopted LOS Standards; Traffic - The traffic generation table provided later in this report shows an expected decrease in a.m. peak trips, an increase in p.m. peak trips and an overall increase in daily trips. Based on review of the applicant's traffic generation report by the City's Traffic Engineering Consultant, this increase in daily trips will not impede the provision of services at adopted LOS standards provided that the applicant submits, as part of the site plan review process, a detailed Traffic Study that proposes access, circulation, safety and transit improvements to mitigate the increased trips. 4 Water— The application will not impede provision of this service at adopted LOS standards. Sewer— The application will not impede provision of this service at adopted LOS standards. Mass Transit — A bus transit facility is located at Aventura Mall, approximately 1.5 miles from the subject properties. The proposed mixed - use development will be required to provide pedestrian linkage to County and City transit services that are safe and convenient to transit users. Parks and Recreation — The City presently exceeds LOS standards for park space, therefore, provision of service at adopted level of service standard will not be impeded by this development. Stormwater Drainage — The application will not impede provision of this service at adopted LOS standards. Solid Waste — The application will not impede provision of this service at adopted LOS standards. The applicant will be required, through the site plan review process, to provide evidence of compliance with all Level of Services Standards. 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods, and The proposed amendment is compatible with abutting and nearby land uses and will create a neighborhood town center easily accessible by existing adjacent residential and non - residential uses. 4. Enhance or degrade environmental or historical resources, features or systems of significance. The proposed amendment will not degrade the environmental or historical resources, features or systems of significance. Policy 8.3 The City shall strive to accommodate residential development in suitable locations and densities which reflect such factors as recent trends in location and design of residential units; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. R, The proposed amendment will meet this policy by accommodating residential development in a location adjacent to existing residential uses. The mix of uses provides close proximity and accessibility to employment and commercial centers, avoidance of natural resource degradation and maintenance of quality of life and creation of amenities. Policy 10.1 Aventura shall facilitate redevelopment of substandard or underdeveloped areas, high intensity activity centers, mass transit supportive development and mixed use projects to promote energy conservation. The proposed amendment will facilitate redevelopment of an underdeveloped area with a mixed use project. Policy 12.1 All proposed Comprehensive Plan amendments that increase density (population) shall be required to submit, at the time of application, an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times as included within the South Florida Regional Hurricane Evacuation Study, April, 1996, or as may be amended from time to time. Policy 12.2 The City shall not approve any Comprehensive Plan amendment that increases density (population) and results in evacuation times exceeding 12 hours. Property Location Lot Size Increase in Density Population Factor Overall Increase in Population NE 207 Street at 7.391 ac 20 du /ac 1.99 294 persons NE 30 Avenue (density limited by zone Based on the South Florida Regional Planning Council evacuation model, it is determined that the increase of a maximum of 147 dwelling units resulting from the proposed amendment will increase the clearance time by 3.30 minutes. That additional time increases the present evacuation time of 11.65 hours (11 hours and 39.46 minutes) to 11.71 hours (11 hours and 42.76 minutes). Transportation Element Policy 1.5 The City will develop transportation management strategies, such as (but not limited to) traffic calming techniques and neighborhood design concepts to improve efficiency and enhance the safety of the pedestrian, bicycles and transit riders within the context of an integrated multi -modal transportation system. The proposed amendment and associated subsequent site development will be required to provide linkages and design concepts to improve efficiency and D enhance the safety of the pedestrian, bicycles and transit riders within the context of an integrated multi -modal transportation system. Policy 4.3 Transit service shall be linked to major trip attractors and generators and the transportation disadvantaged. Transit service shall be located such that they are safe and convenient to transit users. This mixed -use development will be required to provide pedestrian linkage to transit service facilities that are safe and convenient to transit users. Policy 4.7 Transit shelters, according to the City's approved design, shall be provided at the time of development by the property owner. Transit shelters, according to the City's approved design, will be required to be provided by the owner at the time of development. Parks and Recreation Element Policy 4.1 The City adopts a level of service requiring 2.75 acres of net useable park land per 1,000 residents, implemented by the concurrency management system. The estimated current population for the City of Aventura is 37,725. 147 additional dwelling units results in a population increase of 294 people as shown in the table above. The amount of park and recreation land required by this park standard is 104.55 acres. The existing available park and recreation land, using the calculations provided in the Level of Service Standards, is 116.95 acres. Therefore, no deficiency exists and the proposed amendment will not create a deficiency in this standard. Conservation and Coastal Management Element Policy 9.2 The City shall maintain the adopted levels of service on the local roadways based on the future land use plan to achieve a reasonable evacuation time. The traffic generation table provided later in this report shows an expected decrease in a.m. peak trips, an increase in p.m. peak trips and an overall increase in daily trips. Based on review of the applicant's traffic generation report by the City's Traffic Engineering Consultant, this increase in daily trips will not impede the provision of services at adopted LOS standards provided that the applicant submits, as part of the site plan review process, a detailed Traffic Study that proposes access, circulation, safety and transit improvements to achieve a reasonable evacuation time. 7 Urban Design Element Policy 1.7 The location of parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments shall be co- ordinated to provide maximum user safety, while improving the comprehensive aesthetic appearance of Aventura. The applicant will be required, through the site plan review process, to locate parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments to maximize user safety and improve the aesthetics of the City. Education Element Policy 1.4 Miami -Dade County Public Schools' comments shall be sought and considered on comprehensive plan amendments and other land use and zoning decisions which will increase residential density, in order to be consistent with the terms of the state mandated Interlocal Agreement pursuant to Sections 1013.33, 163.3174 and 163.31777, Florida Statutes. The application has been provided for comment to the Miami Dade County Public Schools in accordance with the Interlocal Agreement entered into between the City and the Board in February of 2003. Also in accordance with the Interlocal Agreement, the School Board has been invited as a non - voting member of the Local Planning Agency for this application. The School's Preliminary Concurrency Analysis dated October 18, 2013 is attached as Exhibit #3. This analysis notes that, at this time, all three public school levels, that is, elementary, middle and senior high public schools, have sufficient capacity available for this proposal. Final determination of public school concurrency will be made by the School Board at the time of final site plan approval. Traffic Generation — The applicant's traffic engineer has prepared traffic generation information relative to the previously approved development and the proposed amendment. The letter dated October 28, 2013 prepared by David Plummer & Associates is attached as Exhibit #4. Applications Land Use Daily Trips AM Peak PM Peak Area Category HourTrips Hour Trips 7.391 acres Previously Business & Office 5,878 528 536 Approved and Medium High Development Density Residential Proposed Town Center 7,336 465 625 Development As can be seen from the table above, the proposed town center land use designation generates decreased a.m. peak hour trips, increased pm peak hour trips and increased daily trips. The applicant will be required, through the site plan review process, to provide a detailed Traffic Study and to propose access, circulation, safety and transit improvements to accommodate the increased trips. Conformity to City Land Development Regulations — The proposed amendment will facilitate a proposed rezoning from B2, Community Business District to TC3, Town Center Neighborhood District. Coastal High Hazard Location — The location of this site is not in a designated coastal high hazard area. X BGRCOW RADGLL & FERNAND EZ ZONINGS, LAND USE ANA ENVIRONMENTAL LAW DIRECT LINE: 305 - 377 -6238 E -MAIL: mmarrero @brzoninglaw.com VIA FACSIMLE AND E -MAIL October 9, 2013 Ms. Joanne Carr Community Development Director City of Aventura 19200 West Country Club Drive, 401 Floor Aventura, Florida 33180 Re: Amendment to the City's Future Land Use Map re Waterways Town Square Dear Joanne: This law firm represents Aventura Land Ventures, LLC (the "Applicant "), with regard to an application to amend the City of Aventura Zoning Map and Future Land Use Map for the assemblage of properties at the SW corner of NE 207 Street and 301 Avenue (the "Property ") to be designated as Town Center in the Future Land Use Map and TC3 in the Zoning Map. The Applicant recently acquired the Property, which was the subject of prior approvals for City Place at Aventura. The prior project included a mix of residential and commercial uses and remains zoned 132 and RMF3A. The Applicants seeks to develop a true mixed use project, with a focus on some uses that have been identified as desirable uses by the Aventura community. These include a high quality Assisted Living Facility and a commercial recreation, as well as a hotel, retail, office and some residential units. On October 1, 2013, the City Commission adopted an amendment to its Land Development Regulations to create the TC3 zoning district, which the Applicant seeks to rezone to. The City's Comprehensive Plan provides standards that staff and the City Commission shall consider when reviewing proposed amendments to City's Future Land Use Map. The Applicant's request addresses several of the standards as follows: Exhibit #1 01- CPA -14 SOUTHEAST FINANCIAL CENTER - 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 - MIAMI, FLORIDA 33131 PHONE. 305.374.5300 - FAX. 305.377.6222 - WWW.BRZONINGLAW.COM Ms. Joanne Carr October 9, 2012 Page 2 (1) TOWN CENTER: Town Centers are encouraged to become hubs for future urban development in Aventura, around which a more compact and efficient urban structure will evolve. The Applicant seeks to develop a compact, efficient and urban project which will include a mix of uses that will have a natural synergy and promote pedestrian and walkable activities. (2) TOWN CENTER: Town Centers are intended to be design- unified areas, which will contain a mixture of different urban functions integrated both horizontally and vertically. The Applicant hopes to achieve exactly this. Expected uses within the project include a retail entertainment component, traditional retail, ALF, residential, office and hotel. These uses are expected to function in an integrated fashion and serve each other. The aggregated land owned by the Applicant presents this unique opportunity. (3) OBJECTIVE 3: The Future Land Use Plan shall emphasize concentration and intensification of development around centers of activity, development of well designed communities containing a variety of uses, housing types and public services, renewal and rehabilitation of blighted areas. The Property has been vacant for some time. The Applicant hopes to create a well- designed community with a variety of uses as contemplated by the comprehensive plan. There are not many suitable areas in the City to achieve this type of development. (4) POLICY 9.2: Applications to amend the City's Future Land Use Map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in particular the extent to which the proposal, if approved, would: 1. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth in the City: The approval of this application will address certain established demands of the City, including Assisted Living Facilities and Retail Entertainment uses. Additionally, some of the expected population growth will be addressed by the additional residential development within the project. BGRCOW RADGLL & FERNAN DEZ ZONING, LANG USE AND ENVIRONMENTAL LAW Ms. Joanne Carr October 9, 2012 Page 3 2. Enhance or impede provision of services at the adopted LOS Standards: The approval of this application is not expected to impede the levels of service at the City and the Applicant will work to mitigate any impacts that are presented. 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods: The project is surrounded by commercial and residential development. Therefore a mixed use /town center project is ideal for this location, particularly because of the size of the site. 4. Enhance or degrade environmental or historical resources, features or systems of significance: There are no significant environmental or historical resources or features expected to be impacted by the approval of this application. 5. Impact the City's ability to maintain hurricane evacuation clearance times of 12 hours or less: Based on our calculations, the approval of this request will not increase 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 BERCOW RADELL & FERNAN DEZ ZONING. LANCo USE ANO ENVIRONMENTAL LAW BROWARD COUNTY .��o.�.�.�....� 'r751'Ti TV M %rTLT:�� DADE COUNTY '' .�T'V 7�'f'* YTi'�1 :■ '■ Gulfstream Park YACHT CLUB DR. • ■ '• 1 MARINA COVE ■ :a :r AlC17rura ^ HARBOR CIRCLE % � .r Hospital �a & hledkal �� 1 W WAY H wAY ■ • Center Q F \NA ■ .r • ®.�— ! Subject Site M ■ Waterwms ■ ■ W ERWAYS Shoppes 20' ST. ■ .r :■ ;r W Q - COUNTRY CLUB DR. . ■ ■ The 205 Promena �� ✓ 1 ■ Shops r) O I ■ I • IVES DAIRY RD. :■ 203 ST ;• N d Q ■ 201 TER. rn rr • • D Turnberr y Isle ■ '• '' �Q. AVENTURA m Resort & Club r ' ' Q w i u 1750 PONCE DE LEON BOULEVARD, CORAL GABLES, FLORIDA 33134 305 447 -0900 • FAX: 305 444 -4986 • EMAIL: DPA@DPLUMMER,COM October 28, 2013 Mr. Victor Ballestas Integra Solutions 150 NE 2nd Avenue, Suite 701 Miami, FL 33133 Phone: 305- 774 -0110 Mobile: 305- 773 -5896 E -mail: vb @integrafl.com RE: ParkSquare Aventura Traffic Engineering Services - #13114 Dear Mr. Ballestas, The ParkSquare Aventura project is located on the south side of Waterways Boulevard between NE 29th and NE 30th Avenues in Aventura, Florida. Exhibit 1 shows the approved development program. The purpose of this letter is to conduct a trip generation comparison between the previously approved project for the site and the new development program. Exhibit 1 Approved Development Program Land Use Size Office 142,248 Square Feet Bank 4,923 SF Square Feet Specialty Retail 17,393 Square Feet Hotel 198 Rooms Coffee Shop 992 Square Feet Bowling Alley 18 Lanes Apartment 104 Dwelling Units Currently, the applicant is seeking to change the development plan. The proposed development program is shown in Exhibit 2. Exhibit #3 01- CPA -14 PH CORAL. GABLES • FORT MYERS Mr. Victor Ballestas RE: ParkSguare Aventura Traffic Endneeriniz Services - #13114 Page 2 Exhibit 2 Proposed Development Program Land Use Size Specialty Retail 34,429 Square Feet of Gross Floor Area Quality Restaurant 21,516 SF GFA of Gross Floor Area Office 151,601 Square Feet of Gross Floor Area Hotel 230 Rooms Apartment 145 Dwelling Units Assisted Living Facility 199 Beds A trip generation analysis was conducted to determine the trips generated by the previous development program compared to the proposed project. The trip generation analysis was based on rates and /or equations from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition, and obtained using the TripGen 2013 software. Worksheets are provided in Attachment A. ITE recognizes that data obtained to establish trip generation rates and /or equations is collected at single- use, free - standing sites, and that mixed -use developments provide a potential for interaction of trips within the site, which must be accounted for separately. This will be a mixed -use project and the design will incorporate an internal road system to serve both automobiles and pedestrian and facilitate interaction of trips within the site, resulting in some satisfied on -site (internal trips). Internalization between the proposed uses was established based on the guidelines in ITE's Trip Generation Manual User's Guide and Handbook. Internalization worksheets are included in Attachment A. Research shows that a percentage of retail trips to and from a site are "pass -by " trips. ITE describes pass- by as trips "attracted from traffic passing the site on an adjacent street ". Pass -by trips are already using the existing roadway network. Pass -by trips were established based on the guidelines in the FDOT's Site Impact Handbook. A review of transit availability in the vicinity of the project site indicates that several transit routes serve the area within 1 mile. A 5% deduction for mode split was used to consider other modes of transportation. Adjustments made to the trip generation estimates obtained using ITE trip generation rates CORAL GABLES • FORT MYERS FC, Mr. Victor Ballestas RE: ParkSquare Aventura Traffic Engineering Services - 413114 Page 3 and /or equations are consistent with the adjustments used in the traffic study performed for the previously approved land uses. Exhibit 3 provides a summary the trip generation summary for the approved and proposed site plans. Trip generation /internalization worksheets are included in Attachment A. Exhibit 3 Project Trip Generation Summary Scenario Weekday AM Peak Hour Vehicle Trips Weekday PM Peak Hour Vehicle Trips Approved Uses 528 536 Proposed Uses 465 625 Trip Difference -63 89 % Trips Reduction -12% 16% The results of the trip generation analysis show decreases in net new external vehicular traffic for the AM peak hours from the previously approved land use plan. An increase is anticipated on a daily basis and PM peak hour. Based on this, it can be concluded that the proposed uses will have no additional impact to the adjacent roadway network than those in the approved traffic study. We stand ready to provide any support needed for this project. Should you have any questions or comments, please call me at (305) 447 -0900. S PE Vice - President — Transportation Attachments w: \13 \13114 \tgen oct 28 2013 \parksquare aventura trip generation comparison letter_october 28 2013.docx • • A CORAL CABLES 0 FORT MYERS Q uj z X V Q c 2 mica Q(7� m a 4) 4, 4) .2,0- CL 0 �•0Z U °L CL Q Y Y n n x x x x x x Y A � � o O C y C O C � f Q 6 X x x x x x R Y � � u u o J u J P n a a rvIrvI- I.INIeI -INI I�IFI?I °ICI ®um®umm ® n u mm ut N < 5y o f n J c o] L a ma _ Y N m s m G rT I R 7 Y R O A A <a z r_ E m N w c° r g N ! - •c 4 e io ry ry n N 6 � N rvIrvI- I.INIeI -INI I�IFI?I °ICI ®um®umm ® n u mm ut N < 5y o f n J c o] L a ma Y N m m G R 7 Y R O A A <a z r_ E m c° r x W - •c � 2 E c 4 6 F Q 20 `1` -_ k 0 R K k�Aft •I--z /03 aE . � »y Q 20 `1` -_ Z uj k�Aft •I--z /03 aE . 32 Oct ) / J § \ \ \ = 2 §{ 9 ! !� () || y! | � »y ` - � � \§ 4 \fS © !!!kl�Ik - \\ / cly | a ! ! \\ LU §{ 9 ! !� () || y! | Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes (Unadjusted for Internal Trips) Project: Park Square Aventura - Approved Project Open Date: Phase: Analysis Date: Description: 24 Hour AM Pk Hour PM Pk Hour Two -Way ITE:Land Use Volume Enter Exit Enter Exit 710: General Office Building 1716 223 31 40 198 142.248 Th.Sq.Ft. GFA [E] 912: Drive -in Bank 729 34 25 60 60 4.923 Th.Sq.Ft. GFA [R] 826: Specialty Retail Center 771 0 0 21 26 17.393 Th.Sq.Ft. GFA [R] 310: Hotel 1618 61 44 61 58 198 Rooms [R] 937: Coffee /Donut Shop with Drive -Thru 812 51 49 21 21 .992 Th.Sq.Ft. GFA [R] 437: Bowling Alley 600 34 22 17 10 18 Bowling Lanes [R] 220: Apartments 692 10 43 42 22 104 Dwelling Units [R] Total Driveway Volume 6938 413 214 262 395 Total Peak Hour Pass -By Trips 0 0 28 28 Total Peak Hour Vol. Added to Adjacent Streets 413 214 234 367 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation Manual, 9th Edition, 2012 TRIP GENERATION 2013, TRAFFICWARE, LLC Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes (Unadjusted for Internal Trips) Project: Park Square Aventura - Proposed Project Open Date: Phase: Analysis Date: Description: 24 Hour AM Pk Hour PM Pk Hour Two -Way ITE:Land Use Volume Enter Exit Enter Exit 826: Specialty Retail Center 1526 0 0 41 52 34.429 Th.Sq.Ft. GFA [R] 931: Quality Restaurant 1935 0 0 108 53 21.516 Th.Sq.Ft. GFA [R] 710: General Office Building 1801 235 32 42 206 151.601 Th.Sq.Ft. GFA [E] 310: Hotel 1879 71 51 71 67 230 Rooms [R] 220: Apartments 964 15 59 58 32 145 Dwelling Units [R] 254: Assisted Living 529 18 10 20 24 199 Beds [R] Total Driveway Volume 8634 339 152 340 434 Total Peak Hour Pass -By Trips 0 0 48 23 Total Peak Hour Vol. Added to Adjacent Streets 339 152 292 411 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation Manual, 9th Edition, 2012 TRIP GENERATION 2013, TRAFFICWARE, LLC Superintendent of Schools Alberto M. Carvalho October 18, 2013 VIA ELECTRONIC MAIL Mr. Michael J. Marrero, Esquire Bercow Radell & Fernandez, P.A. 200 South Biscayne Boulevard, Suite 850 Miami, FL 33131 mmarrero(cD-brzoninglaw.com Miami -Dade County School Board. Pena Tabares Hantman, Chair Dr. Martin Karp, Vice Chair Dr. Dorothy Bendross- Mindingall Susie V. Castillo Carlos L. Curbelo Dr. Lawrence S. Feldman Dr. Wilbert "Tee" Holloway Dr. Marta Perez Raque/A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS WATERWAYS TOWN CENTER — No. 01- CPA -14 LOCATED AT NE 207 STREET AT NE 30 AVENUE, AVENTURA, FLORIDA PH2813100400889 — FOLIO No.: 2812340064610 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami -Dade County, the above - referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review) for informational purposes only. As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 147 multi - family units, which generate 26 students; 12 elementary, 7 middle and 7 senior high students. At this time, all three school levels have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free tosgntact me at 305 - 995 -4501. L -432 Enclosure cc: Ms. Ana Rijo- Conde, AICP Ms. Vivian G. Villaamil City of Aventura School Concurrency Master File Sinc y / M. Rodriguez, A. Director IIMR:ir Exhibit #4 01- CPA -14 Facilities Planning, Design and Sustainability Ana Rijo- Conde, AICP, Deputy Chief Facilities and Eco- Sustainability Officer 1450 N. E. 2nd Ave. - Suite 525 - Miami, FL 33132 305 - 995 -7285. 305 - 995 -4760 (FAX) - arijo @dadeschools.net Conturrency Management Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PH2813100400889 Local Government (LG): Aventura Date Application Received: 10/4/2013 3:27:27 PM LG Application Number: 01 CPA -14 Type of Application: Public Hearina Sub Type: Land Use Applicant's Name: Waterways Town Center Address/ Location: NE 207 Street at NE 30 Avenue, Aventura Master Folio Number: 2812340064610 Additional Folio Number(s): PROPOSED # OF UNITS 147 SINGLE - FAMILY DETACHED UNITS: 0 SINGLE - FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 147 CONCURRENCY SERVICE •• • •• LS Facility Name Net Available LOS Source Type Capacity Met 2 31 AVENTURA �(EE WATERWAYS K -8 CENTER _64 12 (0 ;N Current CSA LM COMP) F[�(ELEM VENTURA WATERWAYS K -8 CENTER i„ 12 0 'NO Current CSA Five COMP) i = Year Plan 1232 AVENTURA WATERWAYS K -8 CENTER [11 J�� 7 � 0 ENO Current CSA (MID COMP) 232 AVENTURA WATERWAYS K -8 CENTER I iv� NO Current CSA Five (MID COMP) {0 Year Plan 6241 HIGHLAND OAKS MIDDLE _� 1� ��7 �0 NO Current CSA — 6241 HIGHLAND OAKS MIDDLE )7 I 10 �NO Current CSA Five Year Plan 7141 DR MICHAEL M KROP SENIOR -284 _.70.,__ _ 'N0 Current CSA [7141 m` I— — DR MICHAEL M KROP SENIOR r7 0 Current CSA Five �0 INO Year Plan ADJACENT SERVICE AREA •• 2441 VIRGI I OONE HIGHLAND OAKS 35 12 112 r _(YES Adjacent CSA ARY X60 ANDOVER MIDDLE 140 �I7 Ti 7 DYES _[Adjacent CSA 7381 MIAMI NORLAND SENIOR 1580 17 w 7 IYES� I Adjacent CSA *An Impact reduction of 19.5% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305 - 995 -7634 / 305 - 995 -4760 fax / concurrency@dadeschools.net It" w N O N APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and subrnitled. The undersgned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to IN application (if different) hereby lists and identifies all persons represeiling the individual or entity apply'ir g for the Devetoprne'al Permit in connection with the application, as follows NOTICE: Name Iq k Ch tt I 0-taf ir� r6 Relationship fire Attorneys, Architects, Landscape L Architects, Engineers, Lobbyists, Etc) UU��u (Attach Additional Sheets If Necessary) ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31- 71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICA'T'ION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLET l- WITNESS MY riAN THIS fL�1�_ DAY OF - - -� _�. --- .._, 20 _f �' OF APPLICANT: M rPI „7,1 r 'ess:.., X^4 S� rp 2'1(17 Title- Ivokh -+4�r n Address tS "d I wrv<e L r� 0 CR STATE OF FLORIDA ) 5 COUNTY OF MIAMI -DADE) Before me the undersigned authority personally appeared Las tff'__._ M{ t 1 6 as e lhorized representative of the Applicant and/or the owner of the property subject to the application, who being first by•rne duly�swf .✓ swear or affirm that he /she executed this Affidavit for the purposes stated therein and that His true and correct. F SWORN TO AND SUBSCRIBED BEFORE IVE this Notary Public State Nota At argg r Printed Name of Nnta ., My commission e;SS, � p fo its d 3=: C05tt ISS101 !r EE 202515 MAY 29, 2016 ,�°'�� Fii�`� bb'41Nc'. AA h�N No T ARY.corn BUSINESS RELATIONSHIP AFFIDAVIT* �qr yrn<� This Affidavit is made pursuant to Section 31 71(b)(2)(ii) of the City of Aventura Land Developatem Code. The undersigned Asfiaw hereby discloses that: (mark with 7Affianl able portions only) (toes tray have a Business Relationship with any member of the Gity (Commission or any City Advisory Board to which the applica(ion will be preserted. i 2. Affian( hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the applicat+.on will be presented, as follows (List name of Commissioner or Advisory Board Member) who serves on the _ -,,.__ _, .,_,, ;List City Commission or City Advisory Board rtpon which member serves) . The nature of the Business Relationship is as follows: J J i. Member of City Commission or Board holds an ownership interest in excess of t % of fatal assets of capital stack of Applicant or Rearesentative, j ii. Merrber of City Commission ar Board is a partner, to shareholder (as to shares of a I;Orporation which are riot tiste(a on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture J I iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Ctient of another professional working (torn the same office or for the sarre employer as the member of the City Commission or Board, (j iv. A City Cornmssioner or Board member is a Client of the Applicant or Representative; j v The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,00 00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; J t vi The member of the City Commission Or Board is a Customer of the Appficant or Representa(ve and transacts more than $26,000.00 of the business of the Applic er Representative in a given calendar y(,ar. W =TNES;S..MY NO TH18 ' r DAY OF 4 APt >LlG N7 kao Fay lranda CO Ism'i" B (Sigiraklre) -- — Name: z_. IPrint) �� rxr� �4 FY F - .• .,- �._lPrrrrtJ ,,..__ WITNESS MY H THIS DAY OF } r PROPERTY C7WN6t By. Name: Title 'rtty terms 'Business ReYalionstrip ' "Client, T,usturner, " 'Appticarrt, " "Representative" d0d •yrrterested Person' are defined w Secliorr 2 -395 of Me Avenlura City Code ' WITNESS MY HAND THIS �1 DAY OF -k " REPRESENTATIYZ, (Listed on Business Relationship Affidavit) Title r".w (print) By /t - '- — ,3111/7&) 'ej�7 (S�gn Na 0 -.0 (Print) Title: �4 6 (Print) By Name: Title, , By:_ Nance: Title: — , "--- ( Signature . ... . ....... . (Print) ....... (Pant) ( Signature (Pont) By: ......... .. . (4rgnEwime) Byl Name'. Name ... . .... µ._.... (Plot) Title: By:- By Title- By- Title:. ... ........ By: Title: Title:___ I—- --- 1. 6 gnatijre ---[print) By' (.Signature Title Title NOTE 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Aflfiantfi are advised to timely supplement this Affidavit pursuant to Sec. 311-711(b)(2)(iv) of the City's I-and Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or C'onunission, the information provided in the Affidavit becomes incorrect tar incomplete. Title... . . .... .. Title: By: Title: Title:___ I—- --- 1. 6 gnatijre ---[print) By' (.Signature Title Title NOTE 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Aflfiantfi are advised to timely supplement this Affidavit pursuant to Sec. 311-711(b)(2)(iv) of the City's I-and Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or C'onunission, the information provided in the Affidavit becomes incorrect tar incomplete. WITNESS MY HAND THIS; y_ REPRESS T VE t don Business Re+alionshtp Affidavit) G.- fly _. .. _ J.Stgn<tttael By Name � !!l._G '�l. V (!'nrrU Name: _._....._..... _....: w_.__..__. _..... (FrinrJ Title i ....... ... ._._ ..._.._._..._.(fruuJ TiNe flY (,tirgntreael Name' Title ._ _. __,._...__.._. ,__..... ..... (Pnntl flY (,tirgntreael Name' Title. Title: Title..._. _ (Prin!) By, _._...... _ _ . _ (Stynanrre Names Title: (l�iint) BY __ _ _ (Sigrralurr Name Title: Title: Title _ _ .__— _ (Prin!) flY ..._.._._...__.,...._.......,, (Sigir�rr" re) By: Tile ..._.......__ _.._... _._ (Pnn!) Title: Title..._...____ ._^....... ....._._._.._._...... ..... __... (ftl) Title,................. (f'rtrul Title._......._.. __ .............._._..__ �_.._ IPnnl1 By:, (,iigutttrre Title .,. _. __ ._.._.(f✓ratr! Title NOTE 1) Use duplicate sheets if disclosure information for Representative varies ?) .ApplicAmc and Affiants are Adviwd to timely supplement this Affidavit pursuant io Sec, 3 1- 71(b)(2)(iv) of the C t-�'s Land Development Regi lations in the City Code• in the event that prior to consideration of the application by the Cliy Board or Commission. the infirrrnation provided in tine Aflidavit becomes incorrect or incurnple(e. NOTARIZATION PROVISION STATE. OF FLORIDA COUNTY OF MIAMH)ADE) r arrtt�d r3etae me, the undersigned authority, personally appeared 1Ga�tl� the Affant. wl?o��U first by me duly swan, did swear or affirm that heishe executed this Afidao( for the purposes stated therein and that it is true and rxxr(h't. ,..-, AFFIANT SWORN TO AND SUBSCRIBED before me this a..l day of �C .. ?tl�ii ��ar Notary Public State of Florida At1A4Y�1V �U� Diana Ramos c. My Commission EE082284 Note public fate f Ftonda Ai Large '�EOF Expires 04/10/2015 Printed Name of Notary My canal ssion exp4es:. ...... STATE OF FLORIDA j C:OUN Y OF MIAMI -DADS) Beftxe rne, the wdersigned authority, personally appeared h9at f.._ . - executed this Affidavit fro the purposes stated therein and that it is true and correct SWORN TO AND SUBSCR)HEO before me this 2 -L(... day of .SJt-AW11_ -., _ .. ... .. ............... STATE OF FLORIDA. ) °S who bed g fi y y sw n: did swear or affirm that he/she Pnnted Name of Natary My commiss?on expires, At Large ip�°aY °k� Notary Public State of il Florida Diana Ramos C `• a'` My Commission EE082284 poi r�o� Expires 04/10/2015 <,OU OF MIAMd•DA. E; Before me, the undersigned authority, personally appeared! �,0, Q lb . Uieet g being first by me duty swam, did swaar rx affirm that he/she execMe d bi is Affidavit for the purposes slated therein and that it is true and correct. r SWORN 170 AND SUBX141BE0 before me this ___.. day of r , 2 2 15 STATE OF FLORIDA } (AUNTY OF MIAMI -DADS} _. _ •,� 6P c F 5 W 2B 70.15 Notary Public State of Ffohda ASS � I" l r�/ ( :' F h :' Cori Pnnled Name of Notary 5 (� f� d d"t. 4 r. > My commission expires i�r 16' Before me, the undersigred authority, personally appeared the Afla,�J, who being first by rne duly sworn, d d swear or affirm that tie)she executed tns ARidavil for the purposes stated therein and that if is Lua and Purest, SWORN TO AND SUBSCMEIED before me this day of 200- AFFIANT Notary Public State of Florida At large printed Name of Notary My canmissdon expires;- _ ..... _ _ .. N T R TIONPROVISI SIATE q: I i3ORIDA CC'UNTY Or M11AM.1-OADI) ohlit"ty, peortr),rally ap(mired the Mark wit W . F01 rine swan: oAtowled Ilus'A'IfiWort k)t lite ptor.p&*40med lhetom acrd that it is [pie a �063 ,A.'tkd Swear or affirm ala(mio4l (w) w reel ROSARIP R. BERUMES AFFKffT - 7t Notary k-svinda SkAMN 10 AN( rill! m0) 1. 201 2 -0 iff a13?393 sm. . a, I yj of IPUL4m T" 0 knivid Name of N`olary My comn"virl expires . . . . . . . . .. . . . . . . . . . . . . STATE Or- fl-OROA WmTv Of MIAMHADE) Brifore me, Pie underuped augicorky, Tmawwly ao"Blied - - .... . .... 010 Afharlt, wow being first by one duly sworn did swear q (Iffum that Ilehhe extilcule(i INS AflidavA foco, Ine purposes Mated themm slid that 0 is hue olow collect ... ........ ............ S 1AT' Or FLORIDA I COUNTY OF MIAMI r)ADE) AFI`iANy - Naary Public Stets OfFfonds AF Large Pwii:od i�lmc D—I Nr-Aa"ry , — - -- MY cimithission riolpiles . .. ....... ....... I-- ..... . ......... Before me. ),,1w undws". atilhorily, poarsouly appeared the Affintit, Wto bum 6 mt by ma, (foily, swan, idw swear or affirm that heishe exeatted ffir. AfwJavtt fix me pwott&cs stated thoren and prat 0 is hue and tared SWORN 1`0 AND v)UBWRIU- () bt?fwe one Ijj.j ... � , day of I ._ -.200- WMY PLOO Mate of b At Large PnnidNiln)Qcifiotary My cwnnvssfm expires:.'.. ................ ....... ... .... . iTA7F OF fLOMDA COUNT" Or MIAMt DArk.) Bet0704110, the lfflikiraii;Ilved RuIllooity. pefs"inefty OPPeei the Ahat'll, who bmrgj 1131 by me duly sworn d1rij swear cy affirm host lxvshg exar,ulwj this Affidavit for ilie purposes slated 1hareon and that it is totio and (zjwj, SWORN TO AND SUBSOMBE-0 bakya too this, . _ day Of 4FFIANT - — Nillary Pit6ik Mite of F61da A( Large priffied hw" of Notary } BUSINESS RELATIONSHIP AFFIDAVIT- This Affidavit is made pursupai to Section tit the Cify of Avenlura Land Develt)pMe ti C xie The and crsltyied A,fimit f>emby discioses that (rnruk with ";abht tmrfions only; f Afhant dtsr- M have a Btrsrness with any member tit the Cify C;rxttmtsainn roc any r „Iy Mvtar }ry Soaf(f to whirit the appltvolk r wilt be presefrtod j ? Affianf hereby disctWes that jdggs it a Ousiness witillonship with a utenttxsf of the City E;ommiss an or a Gity, Advrrory Rvatd to wfuc#t the ayrplicatum VAR tie fuosentad, as toilows _._ (USI n8at0 of Commissioner or Advisrxy Board fukrttb0t1 Wife serves on the _ . ...._. _.._. (ttst Ctiy Cemlrtiss;',rt nrrfty Adv+srxy F3rtafrl utxrn wttieh mert�xtr serves) rho nature of the Business Ralaiirntship is as follows l i t hiomt)ef of City Commission or Board hands an otimotsitip lnleres.l to oyt "s ) I% of total assets or capital slodt Of AppliMll or Reffres0ntativ0; J if Mernm of City Commission of Board's a pertnef. co- sharebokfar (as to shares of a wri(Amion WhiCh are not tilted on any Mortal or rtigvnal skfci focharge) a 1000 vM11011rar with file Applicant or Rcfirestsntativa in any business venture: j ( is The Applicant of Representative is a Client of a marcher of file City Commission or Board w a (dent of another Professional working from the same office or for the same employer as fire rortrntxtr of file City Contadssio +,x Board, (! tv A City Commissioner or Boar€i nrentlxtr iS a Crient d tho Applicant pr RepremAtntrve, 11v Tice Attpticatil tit Representativ0 is a (;ustrnrtec 0f 1110 ntemher of the Crty GamntissKxt nr Board (nr of his or her etrlooyer) and transacts more titan $10.000 W a file buSiness of the merttber of tire r.;ity Contmissatn or Brrard (or hss or hrs employer) in a given calendm year. (y vi The nterrber of the City Comrns5ron 0, Board is a GtMOnlef of 1110 Applicant or Representetivcs and transacts mwe than $25,000 00 of (fie business of tlta Applicant or Representativtt it a given calendar year ITNES.SMY HAND THIS �:�.._ DAY OF 1)C PPLIC 0 �� ] _.- _fSrgrk3rrueJ . Narrtt'`�.1'�'.�` fIr-� �-°• _� _.__(t'r'irNJ _.IParrtl WITNESS MY HAND THIS PR09ERTY OWNER ®Y. Name: ripe DAY OF _ Ftk . lire laical firrvness keiati<rrrsiaf� ` C,rCrrl, ”` "Custvnrer: ` i1J1Prrrnf, ` 'Y?epresen &rove" rand "Irrieiesteri i'erswr` are riernud in 5(Vior) 2-393 ofthe Ave Jura City Code ' _%m 24) 1 2> mv wnme u1p ule By_____-__— _- TiVe s*(S�o*n^g) mle�__________�___-_'0�wV 1 We By .w° .xe er _-____-_ ------- (Stonmm Title Title (Pont) NOTE n Use duplicate d=^t-snoiscm*ti,omfommoon for mmrvsemm*evaries 2)^vyomnm and ^ffiam" are advi%o m timely upvle*pw/11b*ffloi�/nvnv"w*S�r mr ro>% Land nwwtvpv*m/ ^"uo/wumui^ the n.» ,rxdle. in mu mIel'' that v'io' to cows itntiz^'at�mnn,� tit' v/the ( wp/mmio^»�N'1wcvynvurd(it Iftc illl;)"1146011 P(OvidW * the Affidavit hccorric% incorrect or mcvmnete, By -_ _/x�vwv+ mem* ' -- nm--- By (�vwovr Name - _ _ _-»q*� Name IT BY __ ��w�� By rme »�u nw Title 1pf fnf� Taw By_____-__— _- TiVe s*(S�o*n^g) mle�__________�___-_'0�wV 1 We By .w° .xe er _-____-_ ------- (Stonmm Title Title (Pont) NOTE n Use duplicate d=^t-snoiscm*ti,omfommoon for mmrvsemm*evaries 2)^vyomnm and ^ffiam" are advi%o m timely upvle*pw/11b*ffloi�/nvnv"w*S�r mr ro>% Land nwwtvpv*m/ ^"uo/wumui^ the n.» ,rxdle. in mu mIel'' that v'io' to cows itntiz^'at�mnn,� tit' v/the ( wp/mmio^»�N'1wcvynvurd(it Iftc illl;)"1146011 P(OvidW * the Affidavit hccorric% incorrect or mcvmnete, !LOTAR1L11jfQNi?R© IC71 r`� ',tAfl N' 1 (Aflt1A C- tN"Y (11 MIAMI t)Ai)r { frsa file th4lnaFrsigntd a.J7iCYDy m mlly ap;tearedlJAn h /fir^ l i" 1.,11{ AO,401 w Tier 'Worn Jlrs; sw"l 1` Alm U7Al !i>~r;Ghrt "-Al-1 liar, Att wf 6N ,ilp oopaae, StalM VWre+n AA(101,11(4 IA Mill Wd l0r6l'f NN I 'Wc "�2N TO Ara(i 5)NSt:f <thF:i) txJ!sw <a me !n, de of -- ''� f'dfT C3 % /zf rZ I /`/ _ = t.7"r"sn.�`+"r`+.r"� t ,i�WC- : t t % 1 Notay Pub4 c u ta rt Ffas r P Kay' tJUar i?JR47h' 4 p1at l F ld a 181� N C * 9 t Gr nto { Nanxr h! Ne ary w y, m my (CnmisstOr EE 1600" Expo. a10e12016 My (wil)nvii, erpxr. `!At (Y ftnitNV (tOUNIN' Of MlAMrt)Af)C ) 00kee roe !hr :^dvugned w0hraity, prnaer+ally tiY)Seared Me Alba., '+fiu L*;Il T foal by mr d J y 3Wan; duJ n 9re s nNnm Thal i s c CnilmW tfus AfWWA kr Ine in.xr4sss sbded the{J_nn a:rd tha! a is true 4,w cnrrect AFI -iANT SWORN TO ANT) St)INSQ;AM14) before rrJa ltus day of I 7,0(1, Nntafp P C c Slate of FWt)do At I arge f'nntod Name d Notary. My commission axpnes a1 A4 (1f QORiUA t .......... _..... i;(`A.ItvT i Of MIAMI UACH ) HrAxe I" )hr. widosgv -,d Authrtrfty, jXwV)r!Ay appeared the Mom whc bmnK7 first by me Iroty ,Han, dba swow nr At6rm that Ilsrshe ezoattO this AfyJava for Vie rmanbrts statad thFretit and Thal it is uue and c;o"m APFtAHT SWORN TO At3i} $lJf%5(;R}f3F.1) Go'ore me tN.z day of 0U Notary PobL- State of Fla7da At Largo fruited Nanln of Rotary uy c[mmrssfw expros "STATE ff f t ORTfU) } t=NT'Y 1'Y MIAMI -I"-) ilwme me, ft undersigno aublortty; nefsona[ly appatir od etuJUydted tfr -u Affidmit ttx the purPOWS started tsotaia aMl mat d is true and rxg nK;t SWORN 10 AND 3UH%C'Al9LtDhakxx+ncriarc. dnyof M the of awr, w W hxr l y first by nv du y sworn de- swaef ry Affirm that holshe AMANt Wrdary Pwf't) Slata of F W dA At I aw T>r+nted Name df Ncoly My CLYnrt*SSWn expNes ORDINANCE NO. 2014- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 3.359 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER; AND AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION OF A 4.032 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" TO THIS ORDINANCE, FROM BUSINESS AND OFFICE TO TOWN CENTER; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Division of Community Planning of the Florida Department of Economic Opportunity found in compliance the City of Aventura Comprehensive Plan (the "Plan ") in March 2007; and WHEREAS, the Future Land Use Map of the Plan designated the 3.359 acre parcel of land described in Exhibit "A" as Medium High Density Residential; and WHEREAS, the Future Land Use Map of the Plan designated the 4.032 acre parcel of land described in Exhibit "B" as Business and Office; and WHEREAS, the owner, through Application No. 01- CPA -14, has made application to the City to change the land use designation of the 3.359 acre parcel of land from Medium High Density Residential to Town Center and to change the land use designation of the 4.032 acre parcel of land from Business and Office to Town Center; and Ordinance No. 2014 - Page 2 WHEREAS, the Plan amendments will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission believes that it is in the best interest of the public to amend the Future Land Use Map designations on the subject property from the Business and Office and Medium High Density Residential designations to the Town Center designation; and WHEREAS, the proposed amendments to the Future Land Use Map designation were reviewed by the City Commission, sitting as the Local Planning Agency designated under Section 163.3174, Florida Statutes, following an advertised public hearing; and WHEREAS, the City Commission finds that the amendments will maintain the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The foregoing whereas clauses are hereby ratified and incorporated into this Ordinance. Section 2. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible and to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. 2 Ordinance No. 2014 - Page 3 Section 3. Amendment of Future Land Use Map Designation. The future land use map designation of the parcel of land situate on NE 207 Street at NE 30 Avenue more particularly described in Exhibit "A" to this ordinance, totaling 3.359 acres is hereby changed from Medium High Density Residential to Town Center. Section 4. Amendment of Future Land Use Map Designation. The future land use map designation of the parcel of land situate on NE 207 Street at NE 30 Avenue more particularly described in Exhibit "B" to this ordinance, totaling 4.032 acres is hereby changed from Business and Office to Town Center. Section 5. 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 6. Inclusion in the Comprehensive Plan. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map of the Comprehensive Plan shall be revised so as to accomplish such intentions. 3 Ordinance No. 2014 - Page 4 Section 7. Transmittal. The City Clerk is directed to transmit the amendment to the Division of Community Planning of the Florida Department of Economic Opportunity as provided under Chapter 163, Part II of the Florida Statutes. Section 8. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner follows: and upon being put to a vote, the vote was as Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb 4 Ordinance No. 2014 - Page 5 PASSED on first reading this 5th day of November, 2013. PASSED AND ADOPTED on second reading this 7th day of January, 2014. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY y-I SUSAN GOTTLIEB, MAYOR LEGAL DESCRIPTION: All of Lots 7 through 13, 38 through 42 and a portion of Lots 14, 33 through 37, all of Block 18, HALLANDALE PARK No_ 8, including the ten (10) foot alleys adjacent to said lots, lying within said Block 18, as recorded in Plat Book 20 at Page 49. All of Tract 1, LAURANNA, as recorded in Plot Book 76 at Page 31. All of Lots 1, 2, 6 through 13, • 38 through 42 and a portion of teats 14 and 37, oil of Block 17, HALLANDALE PARK No. 8, including the ten (10) foot alleys adjacent to said lots in Block 17, as recorded in Plot Book 20 at Page 49. Tract 1, Block 17, REPLAT OF A PORTION OF HALLANDALE PARK No. 8, as recorded in Plat Book 40 at Page 97. That portion of the North One —half of N.E. 205th street abandoned by Resolution No. 2000 -11 recorded in O.R.B. 19247 at Page 4677. That portion of N.E. 206th Street bounded on the North by Block 18 and bounded on the South by Block 17 and bounded on the East by the West right —of —way line of N.E_ 30th Avenue (East Dixie Highway) all being 'os shown on HALLANDALE PARK No. 8, as recorded in Plat Book 20 at Page 49. A portion of land bounded by on the North by a line 81.00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, as recorded in Plot Book 158, Page 47, and bounded on the South by the North; line of Block 18, - HALLANDALE PARK NO. 8, as recorded in Plat Book 20 at Page 49, all the above plats being of the Public Records of Miami—Dode County, Florida, lying and being in the City of Aventura and being more particularly described as follows: Commence at the intersection of the centerline of N.E. 205th Street and the centerline of N.E. 30th Avenue, both as shown on said PLAT OF HALLANDALE PARK NO. 8; thence North 89'53'41 " West along said centerline of N.E. 205 Street for 35.01 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue North 89'53'41" West along said centerline for 261.97 feet; thence :North 00700'00" East for 422.33 feet; thence North 90'00'00" West for 119.97 feet; thence North 00'00'OO" East for 135.92 feet; thence South 76'00'36" East along a line 81.00 feet South of and parallel with North right —of —way line of Waterways Boulevard for 86.13 feet to a point of curvature; thence Southeasterly along a 1519.00 foot radius curve leading to the left through a central angle of 737'02" for an arc distance of 201.94 feet; thence South 00'52'30" East along a line 10.00 feet East of a 10.00 foot alley adjacent to said Lot 42, Block 18 of HALLANDALE PARK NO. 8 for 8.92 feet to the Northwest corner of said Tract 1 of LAURANNA; thence South 89'50'24" East along the North line of said Tract 1 for 70.42 feet to a point of curvature; thence Southeasterly along a 25.00 foot radius curve leading to the right through a central angle of 88'57'54" for an arc of 38.82 feet to a point of tongency; thence South 00'52'30" East along the East line of said Tract 1 for 122.65 feet to the Southeast corner thereof; thence South 89'51'49" East along the North line of said Lot 7, Block 18 HALLANDALE PARK NO. 8 for 5.00 feet to the Northeast corner thereof; thence South 00'52'30" East along the East line of said Lots 7 and 8. Block 18 and the Southerly extension thereof for 164.42 feet to the Southeast comer of said Lot 2, Block 17 of HALLANDALE PARK NO. 8; thence North 89'52'27" West along the South line of said Lot 2. Block 17 for 5.00 feet to the Northeast comer of said Tract 1 of REPLAT OF A PORTION OF HALLANDALE PARK 140. 8; thence South 00'52'30 East along the East line of said Tract 1 for 75.01 feet to the Southeast comer thereof; Thence South 8953'04" East along the North line of said Lot 6, Block 17 for 5.00 feet to the northeast corner of said Lot 6; thence South 00'52'30" East along the East line of said Lots 6, 7 k 8, Block 17 for 56.77 feet to a point of curvature: thence Southwesterly along a 25.00 foot radius curve leading to the right through a central angle of 36'52'05" for an arc of 16.09 feet; thence South 0952'30" East along a line 35.00 feet West of and parallel to the center line of said NE 30th Avenue for 35.35 feet to the Point of Beginning. Exhibit "A" LEGAL DESCRIPTION All of Lots 15 through 32 and a portion of Lots '14 and 33, all in Block 18, HALLANDALE PARK NO. 8, including the ten (10) foot alleys adjacent to said lots, lying within said Block 18, as recorded in Plat Book 20 at Page 49. All of Lots 15 through 36 and a portion of Lots 14 and 37, all in Block 17, HALLANDALE PARK NO. 8, including the ten (10) foot alleys adjacent to said lots in Block 17, as recorded in Plat Book 20 at Page 49. That portion of the North One -half of N.E. 205th Street abandoned by Resolution No. 2000 -11 recorded in O.R.B. 19247 at Page 4677. That portion of N.E. 206th Street bounded on the North by Block 18 and bounded on the South by Block 17 all being as shown on HALLANDALE PARK NO. 8, AS RECORDED IN Plat Book 20 at Page 49. A portion of land bounded by on the North by a line 81.00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, as recorded in Plat Book 158, Page 47, and bounded on the South by the North line of Block 18, HALLANDALE PARK NO. 8, as recorded in Plat Book 20 at Page 49, all the above plats being more particularly described as follows: Commence at the intersection of the centerline of N.E. 205`h Street and the centerline of N.E. 30th Avenue, both as shown on said PLAT OF HALLANDALE PARK NO. 8; thence North 89 °53'41" West along said centerline of N.E. 205th Street for 296.98 feet to the Point of Beginning of the hereinafter described parcel of land; thence North 00 °00'00" East for 422.33 feet; thence North 90 °00'00" West for 119.97 feet; thence North 00 °00'00" East for 135.92 feet; thence North 76 °00'36" West along a line 81.00 feet South of and parallel with North right -of -way line of Waterways Boulevard for 204.27 feet to a point of curvature; thence Southwesterly along a 25.00 foot radius curve, leading to the left, through a central angle of 104 °55'50" for an arc distance of 45.78 feet to a point of tangency; thence South 00 °56'26" East along the West line of said Blocks 17 and 18 and the Northerly extension thereof for 533.59 feet to a point of curvature; thence Southeasterly along a 25.00 foot radius curve, leading to the left, through a central angle of 88'57'15" for an arc distance of 38.81 feet to a point of tangency; thence South 89 °53'41" East along the South line of said Block 17 for 299.35 feet; thence South 00 °56'20" East for 25.00 feet; thence South 89 °53'41" East for 18.67 feet to the Point of Beginning. Exhibit "B" CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC -C City Manager BY: Joanne Carr, AICP Community Development Director DATE: October 28, 2013 SUBJECT: Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for a parcel of land on NE 207 Street at NE 30 Avenue totaling 7.391 acres from B2, Community Business District, to TC3, Town Center Neighborhood District (01- REZ -14) November 5, 2013 Local Planning Agency Agenda Item November 5, 2013 City Commission Meeting Agenda Item g C January 7, 2014 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for a parcel of land on NE 207 Street at NE 30 Avenue totaling 7.391 acres from B2, Community Business District to TC3, Town Center Neighborhood upon recordation of the applicant's proffered covenant to fulfill the conditions of Resolution No. 2006 -61. THE REQUEST The applicant is requesting an amendment to the Official Zoning Map to change the zoning designation of a parcel of land on NE 207 Street at the corner of NE 30 Avenue totaling 7.391 acres from B2 (Community Business District) to TC3 (Town Center Neighborhood District). (See Exhibit #1 for Letter of Intent) The current landholding of the applicant is 5.932 acres. The total development site area will be 7.391 acres once the applicant fulfills the conditions of Resolution No. 2006 -61 which abandons 1.459 acres of unopened right of way of NE 206 Street, part of the unopened right of way of NE 207 Street and two 10 foot unopened alleyways on the plats. A copy of Resolution No. 2006 -61 is attached as Exhibit #2 to this report. The TC3 zoning district is intended to provide suitable sites for the development of structures and sites with a minimum size of 5 acres, combining residential and commercial uses in a well - planned and compatible manner in existing neighborhoods on property that provides lot frontage on at least three public streets and does not front upon or access Biscayne Boulevard. Development in this district is required to provide for indoor and /or outdoor commercial recreation uses, a minimum of 20,000 square feet of assisted living facility use and hotels as part of its commercial uses. Residential densities cannot exceed 20 dwelling units per acre and non - residential densities cannot exceed 2.0 floor area ratio. The subject property meets the lot size and road frontage criteria of the TC3 zoning district. Future development will be required to comply with the site development criteria of the zoning district. BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT LOCATION OF PROPERTY Aventura Land Ventures, LLC Aventura Land Ventures, LLC NE 207 Street at NE 30 Avenue See Exhibit #3 for Location Map SIZE OF PROPERTY Approximately 7.391 acres subject of rezoning request (total landholding is 7.391 acres including 1.459 acres of unopened rights of way abandoned by Resolution No. 2006 -61) DESCRIPTION /BACKGROUND The site is vacant land owned by the applicant and is comprised of seventy -seven platted lots in Blocks 17 and 18 of the Hallandale Park No. 8 plat, Tract 1 on the plat of Lauranna and Tract 1 on a replat of Hallandale Park No. 8. The landholding referred to in this report also includes the unopened platted right of way of NE 206 Street, part of the unopened platted right of way of NE 207 Street and two 10 foot unopened platted alleyways. On adoption of the City's Comprehensive Plan in 1998 and the Land Development Regulations in 1999, this property was designated as Business and Office on the Future Land Use Map and was zoned Community Business (132) District on the Zoning Map. 2 In 2006, the previous owner of the land applied to the City Commission for an amendment to the future land use map and for amendment to the Official Zoning Map to change the easterly portion of the site comprising 3.359 acres from Business and Office to Medium High Density Residential and from B2, Community Business District to RMF3A, Multifamily Medium Density Residential District. The future land use map amendment was approved by the City Commission through Ordinance No. 2006 -14. The zoning amendment was approved by the City Commission through Ordinance No. 2006 -15. This zoning amendment was approved on the condition that the owner record a covenant restricting the residential density to no more than 31 dwelling units per acre. The 2006 development did not proceed. The covenant required by Ordinance No. 2006 -15 was not recorded. Therefore, the RMF3A zoning did not become effective and the entire parcel remains as B2, Community Business District. The current owner wishes to develop a mixed -use project under the TC3, Town Center Neighborhood district regulations. In order to do so, the owner has requested a concurrent amendment to the future land use map to designate the parcel as Town Center to facilitate this request for rezoning to Town Center Neighborhood (TC3) District. Although no formal site plan has been submitted for review by the City, the applicant has presented its preliminary development proposal to the City Commission at the workshop meeting of May 16, 2013. The site plan application ultimately submitted must comply with the TC3 district zoning development criteria which includes provision of residential, non - residential, assisted living use, hotel and indoor or outdoor recreational uses in the Town Center. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Business and Office and Medium High Density Residential Business and Office Business and Office Medium High Density Residential Business and Office Subject Property: B2, Community Business District Properties to the North: OP, Office Park District Properties to the South: CF, Community Facilities District Properties to the East: RMF3, Multifamily Medium Density Residential District 3 Properties to the West Existing Land Use Subject property: Properties to the North: Properties to the South Properties to the East: Properties to the West: B2, Community Business District vacant office religious facility and school residential retail plaza Access — The parcel is bounded by NE 207 Street to the north, NE 30 Avenue to the east and NE 29 Avenue to the west. Conformity to City Comprehensive Plan — The proposed zoning amendment will conform to the City Comprehensive Plan upon approval of the concurrent application to amend the future land use map designation on this parcel from Business and Office and Medium High Density Residential to Town Center. The standards for reviewing proposed amendments to the Official Zoning Map, found in Section 31 -77 of the Land Development Regulations, are: 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan provided the City Commission approves an amendment to the land use designation for this parcel from Business and Office and Medium High Density Residential to Town Center. 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses, which are residential to the east and non- residential to the north, south and west. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. The location and size of the property meets the criteria for development of a TC3 zoning district development. 4. Whether or not there are sites available in other areas currently zoned for such use. 4 There are no other sites available in other areas currently zoned for such use. The TC3 zoning district was adopted by the City Commission on October 1, 2013. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. This standard is not applicable to this proposed amendment. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The traffic generation table provided later in this report shows an expected decrease in a.m. peak trips, an increase in p.m. peak trips and an overall increase in daily trips. Based on review of the applicant's traffic generation report by the City's Traffic Engineering Consultant, this increase in daily trips will not adversely affect traffic patterns or congestion provided that the applicant submits, as part of the site plan review process, a detailed Traffic Study that proposes access, circulation, safety and transit improvements to mitigate the expected increased trips. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. A calculation of the impact on population density is shown in the table below. Property Location Lot Size Increase in Density Population Factor Overall Increase in Population NE 207 Street at 7.391 ac 20 du /ac 1.99 294 persons NE 30 Avenue (density limited by zone The proposed change would not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected. The applicant will be required to demonstrate, as part of the site plan review process, that levels of service specified in the City's Land Development Regulations are met. 8. Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. 1- The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. Traffic Generation — The applicant's traffic engineer has prepared traffic generation information relative to the previously approved development and the proposed amendment. The letter dated October 28, 2013 prepared by David Plummer & Associates is attached as Exhibit #4. Applications Land Use Daily Trips AM Peak PM Peak Area Category HourTrips Hour Trips 7.391 acres Previously Business & Office 5,878 528 536 Approved and Medium High Development Density Residential Proposed Town Center 7,336 465 625 Development As can be seen from the table above, the proposed town center land use designation generates decreased a.m. peak hour trips, increased pm peak hour trips and increased daily trips. The applicant will be required, through the site plan review process, to provide a detailed Traffic Study and to propose access, circulation, safety and transit improvements to accommodate the increased trips. School Impacts - The application has been provided for comment to the Miami Dade County Public Schools in accordance with the Interlocal Agreement entered into between the City and the Schools in February of 2003. Also in accordance with the Interlocal Agreement, the Public Schools has been invited as a non - voting member of the Local Planning Agency for this application. The School's Preliminary Concurrency Analysis dated October 18, 2013 is attached as Exhibit #5. This analysis notes that, at this time, all three public school levels, that is, elementary, middle and senior high public school, have sufficient capacity available for this proposal. Final determination of public school concurrency will be made by the School Board at the time of final site plan approval. 1.1 BGRCOW RADELL & FERNANDcZ ZONINGS, LAND USE ANA ENVIRONMENTAL LAW DIRECT LINE: 305 - 377 -6238 E -MAIL: mmarrero(ftrzoninolaw.com VIA FACSIMLE AND E -MAIL October 9, 2013 Ms. Joanne Carr Community Development Director City of Aventura 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Amendment to Official Zoning Map re Waterways Town Square Dear Joanne: This law firm represents Aventura Land Ventures, LLC (the "Applicant "), with regard to an application to amend the City of Aventura Zoning Map and Future Land Use Map for the assemblage of properties at the SW corner of NE 207 Street and 3011, Avenue (the "Property ") to be designated as Town Center in the Future Land Use Map and TC3 in the Zoning Map. The Applicant recently acquired the Property, which was the subject of prior approvals for City Place at Aventura. The prior project included a mix of residential and commercial uses and remains zoned B2 and RMF3A. The Applicants seeks to develop a true mixed use project, with a focus on some uses that have been identified as desirable uses by the Aventura community. These include a high quality Assisted Living Facility and a commercial recreation, as well as a hotel, retail, office and some residential units. On October 1, 2013, the City Commission adopted an amendment to its Land Development Regulations to create the TC3 zoning district, which the Applicant seeks to rezone to. Section 33 -77(f) of the City Code provides standards that staff and the City Commission shall consider when reviewing proposed amendments to City's Official Zoning Map. The Applicant's request addresses each of the standards as follows: Exhibit #1 01- REZ -14 SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM Ms. Joanne Carr October 3, 2013 Page 2 (1) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Presently, the Property is designated as Business and Office and Medium- High Density Residential on the Future Land Use Map. Concurrent with the rezoning request, the Applicant also seeks a redesignation to Town Center in the Future Land Use Map. With that requested designation, the proposed amendment would be consistent with the City's Comprehensive Plan. (2) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The Property is generally surrounded by commercial uses to the south, north and west and with residential uses to the east. Therefore, a mixed use development would be compatible in the center of all of these uses. (3) The subject property is physically suitable for the uses permitted in the proposed district. The location and size of the Property make it especially suitable for a mixed use development, such as is contemplated with the TC3 zoning district. (4) There are sites available in other areas currently zoned for such use. The City does not really contain a current size with the available amount of aggregated parcels which would make a true mixed use development such as this feasible. More importantly, there are no areas in the City currently zoned for this use because the zoning district was just adopted on October 1, 2013. (5) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. v Not applicable. (6) The proposed change would adversely affect traffic patterns or congestion. BERCOW RADELL & FERNANDEZ ZONING. LANG USE ANO ENVIRONMENTAL LAW Ms. Joanne Carr October 3, 2013 Page 3 Upon site plan approval, the Applicant will submit a traffic study, if required, to address any traffic impacts and would mitigate impacts as necessary. (7) The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The Applicant does not anticipate any adverse impacts to the City's infrastructure as a result of its development of the Property. Nevertheless, these issues can be further reviewed upon site plan submittal. (8) Whether the proposed change would have an adverse environmental impact on the vicinity. The Applicant does not anticipate any adverse environmental impact with the development of the Property. Further, the Applicant intends to incorporate some environmentally friendly elements to the project. (9) Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The development of this long- vacant parcel is only expected to enhance safety and welfare within the surrounding area. 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 BCRCOW RADGLL & FERNAN DEZ ZONING, LAND USE AND ENVIRONMENTAL LAW RESOLUTION NO. 2006-61 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ABANDONING THAT PORTION OF NE 206 STREET BETWEEN BLOCKS 17 AND 18 ON THE PLAT OF HALLANDALE PARK NO. 8, THE 10 FOOT WIDE ALLEYWAYS IN BLOCK 18 AND A PORTION OF THE 10 FOOT WIDE ALLEY ADJACENT TO LOTS 1 & 42 IN BLOCK 17 ON THE PLAT OF HALLANDALE PARK NO. 8 AND THAT PORTION OF NE 207 STREET LYING NORTH OF BLOCK 18 ON THE PLAT OF HALLANDALE PARK NO. 8 AND LYING 81 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF WATERWAYS BOULEVARD ON THE PLAT OF AVENTURA CORPORATE CENTER; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Applicant, Aventura Land Trust LLC and Aventura Land Trust 2 LLC, through Application No. 01- AR-06, has requested abandonment of that portion of NE 206 Street lying between Block 17 and 18 on the plat of Hallandale Park No. 8, the ten foot wide alley in Block 18 and adjacent to Lots 1 & 42 in Block 17 on the plat of Hallandale Park No. 8 and a portion of NE 207 Street lying north of Block 18 on the plat of Hallandale Park No. 8 and 81 feet south of and parallel with the north line of Waterways Boulevard on the plat of Aventura Corporate Center, containing a total of approximately 1.466 acres; and WHEREAS the Applicant has proffered to the City the sum of $750,000.00 as an impact offset to compensate the City for loss of potential landscape corridor resulting from the abandonment of such rights of way and alleyways and the City Commission has accepted such proffer; and Exhibit #2 01- REZ -14 Resolution No. 2006 -61 Page 2 WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01 -AR -06 for abandonment of that portion of NE 206 Street lying between Block 17 and 18 on the plat of Hallandale Park No. 8, the ten foot wide alley in Block 18 and adjacent to Lots 1 & 42 in Block 17 on the plat of Hallandale Park No. 8 and a portion of NE 207 Street lying north of Block 18 on the plat of Hallandale Park No. 8 and 81 feet south of and parallel with the north line of Waterways Boulevard on the plat of Aventura Corporate Center, containing a total of approximately 1.466 acres legally described in Exhibits "A ", "B ", "C" and "D" respectively to this Resolution, is hereby granted as in the public interest, subject to the following conditions precedent: 1. That the applicant record a Unity of Title or Declaration of Restrictions in lieu of Unity of Title in form satisfactory to the City Attorney to join the abandoned rights of way and alleys with the abutting land owned by the applicant, or, in the alternative, apply for and obtain a replat which combines the property and the abandoned rights of way and alleys as one parcel. 2. That the applicant record a covenant, in form satisfactory to the City Attorney, that the abandoned portion of right of way of NE 207 Street and the abandoned portion of right of way lying south of Waterways Boulevard be preserved as landscaped open space and maintained as such for perpetuity by the owner and that the only structures permitted on this portion of abandoned right of way be Resolution No. 2006 -61 Page 3 public amenities such as paved walkways, benches, fountains, lighting fixtures and trash receptacles. 3. That the applicant dedicate an easement to the agencies having jurisdiction over the existing water and sewer lines in the abandoned portion of NE 207 Street. 4. That the applicant provide to the City the proffered funds as described in the recitals of this Resolution. Section 2. The City Manager is authorized to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall be recorded in the Public Records of Miami- Dade County, Florida, with the petitioner to pay the costs thereof. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by Vice Mayor Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Billy Joel yes Commissioner Bob Diamond yes Commissioner Michael Stem yes Commissioner Harry Holzberg yes Commissioner Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes Resolution No. 2006.61 Page 4 PASSED AND ADOPTED this 3rd day of October, 2006. Wu NNW ►`, W-4 lie Mayor A ME _ .. r.�® 'I•� APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This solution was gled in Ae Office of the City Clerk this � day of , 2006. �i� Exhibit A LEGAL DESCRIPTION: That portion of N.E. 206TH Street (Sunset Roulevord) being adjacent to Block 17 and Block 18 Hollandale Park No. 8 plot book 20, page 49 Public Records of Miami -Dade County, Florida, lying and being in Section 34, Township 51 South, Range 42 East City of Aventura, Miomi -Dade County Florida and being more particularly described as follows: Commence at the Southwest corner of Lot 26 of said Block 17; thence N00'56'26 "W along the west line of said Block 17, also being the east right -of -way line of N.E. 29th Avenue (Harvard Avenue as shown on said plot book 20, page 49) for 76.88 feet to the POINT OF BEGINNING of the tract land hereinafter to be described; thence continue N00'56'26 "W along said east right -of -way line of N.E. 29th Avenue (Harvard Avenue) for 100.02 feet to a point of cusp; the following three (3) courses being along the southerly line of said block 18, (1) thence southeasterly along a 25.00 foot radius curve leading to the left through a central angle of 88'55'37" for on arc of 38.80 feet to a point of tangency; (2) thence S89'52'03 "E for 559.89 feet to a point of curvature; (3) thence northeasterly along a 25.00 foot radius curve leading to the left through a central angle of 91'00'27" for an arc of 39.71 feet to a point of cusp; thence S00'52'30 "E along the southerly projection of the east line of said block 18, said line also being the west right -of -way of N.E. 30th Avenue (Dixie Highway as shown on said plat book 20, page 49) for 100.02 feet to a point of cusp; the following three (3) course leading along the northerly line of said block 18, (1) thence northwesterly along a 25.00 foot radius curve leading to the left through a central angle of 88'59'33" for an arc of 38.83 feet to a point of tongency; (2) thence N89'52'03 "W for 559.77 feet to a point of curvature; (3) thence southwesterly along a 25.00 foot radius curve leading to the left through a central angle of 91'04'23" for an arc of 39.74 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: - This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami -Dade County, Florida. - Bearings hereon are referred to an assumed value of S89'52'03 "E for the north line of said Block 17. - Lands shown hereon were not abstracted for easements and /or rights -of -way of records. - This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. - Lands shown hereon containing 31,029 square feet, or 0.712 acres, more or less. - Dimensions shown hereon are based on Fortin, Leavy, Skiles, Sketch #297D- 153 -1. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on February 24, 2004, an eets the Minimum Technical Standards as set forth by the Florida Board of Profession, Sup�eyors and Mappers in Chapter 61G17 -6, Florida Administrative Code, pursuant to Seaton 47 027, Florida Statutes. FORTIN,.LEAVY, SI�-CES, INC., LB3653 By: Daniel C. Fortin, For The Fir r Surveyor and Mapper, L52853 State of Florida. Drawn ay - DWF �DESCRIPTION, NOTES, & CERTIFICATION Date 2/24/04 dad. No. 000600 0- ! Ref. Dwg. 297D -153 -1 Plotted: 2/24/04 a eNOT TO SCALE Job. No. 040342 Dwg. NO. 1000A -035 —C Sheet 1 of 2 WATER I ` _ EXHIBIT 11 /� 11 WAYS 101AM °� yA""� '� -� _ `�•• CENTER OF OF a strnw �. -B1 -a E N.E. 207th STREET — — — _ 5 CTION 34 -51-42 ' 1 26 27 _ 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 i F==— W to (zQI I o O C� [ �� ll II �'ZtI I j d I HALLANDALE PARK NO 8 l TRACT 1A I l W I IQ p I PLAT BOOK 20 PAGE 49 i L N PLAT BOOK 76 Jcc Y =----------------------- - - - - -� l PACE 31 I Z 1 I I Q IQ ; W � g °z1 I 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 I l I ;= I 0 �a I III l V a ZNQ 5'37" 1 0' S89 °52'03 "E I A =91 °00'27" 7 W 0' 559.89 I I R= 25.00' NORTHERLY RIGHT -OF -WAY LINE L= 39.71 OF N.E. 206TH STREET o ;I N.E. 206TH STREET (SUNSET BOULEVARD 6'26 "W SOUTHERLY RIGHT-OF -WAY LINE PLAT BOOK 20, PAGE 49) S00 °52'30 "E OF N.E. 206TH STREET 100 02 A =88 °59'33" 04'23" Q 0° �� R= 25.00' Z I� Y N89 °52'03 "W 2 L= 38.83' I - 00' 559.77 I :i z z� 74' (? HALLANDALE PARK NO. 8 al I w �I jf PLAT BOOK 20 PAGE 49 I'I I < I `ZY W m (26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 -4 J) PlA R BOOK 140 I } w I LL 01 O - - -- - - - -- PAGE 97 Q0 cc 7: 2 H 10' AUEY PER PLAT 8001( 20 PACE L9 l I O < a ui N nO I POINT OF COMMEN EMENT z I 25 24 24 22 21 20 19 18 17 16 15 14 13 12 11 10 9 1�1 6 N 1 n U'l 1 2Y I� a1 I ICI 7 I 0 to cr � I 141 B "►- i IZ----------------------- l � i N.E_ 205TH STREET L THE PROBFNADE PER PLAT BOOK 1].1, PAGE 7Y l I I THE PROMENADE SHOPS II i I I PLAT BOOK 133, PAGE 39 11 1 I 11 I 1 1 GRAPHIC SCALE I�TRACT "B" AVENTURA JEWISH 1 l 50 loo 200 �� CENTER - PLAT BOOK 147 PAGE 63 I 1 N PLAT BOOK I .. 147 PAGE 63 ( IN FEET) 1 inch = 100 M Drawn By DWF SKETCH OF DESCRIPTION Date 2/24/04 000600 S 1 Ref. Dwg. 297D -153 -1 Plotted: 2/24/04 ca e 1 —100 Job. No. 040342 Dwg. N0.1000A -035 —C Sheet 2 of 2 Exhibit B LEGAL DESCRIPTION: 10 foot alley within Block 18, HALLANDALE PARK NO. 8, according to the plot thereof, as recorded in Plat Book 20 at Page 49 of the Public Records of Miami —Dude County, Florida, lying and being in the City of Aventura and being more particularly described as follows: Begin at the Southwest corner of Lot 26 of said Block 18; thence South 89'51'13" East along the South line of Lots 26 through 42 of said Block 18 for 500.02 feet to the Southeast corner of said Lot 42, Block 18; thence North 00'52'30° West along the East line of said Lot 42 for 102.23 feet to the Northwest corner of said Lot 42; thence South 89'50'24" East along the South right —of —way line of N.E. 207th Street as shown on said Plot Book 20 at Page 49 for 10.00 feet; thence South 00'52'30" East along the Westerly line of Lots 7 and 8 of said Block 18 and also along the West line of Tract 1 of LAURANNA according to the plat thereof as recorded in Plat Book 76 at Page 31 of said Public Records of Miami —Dade County, Florida, for 204.46 feet to the Southwest corner of said Lot 8; thence North 89'52'03" West along the North right— of —woy line of N.E. 206th Street as shown on said Plat Book 20 at Page 49 for 10.00 feet to the Southeast corner of Lot 9 of said Block 18; thence North 00'52'30" West along the East line of said Lot 9, Block 18 for 102.23 feet to the Northeast corner of said Lot 9; thence North 89'51'13" West along Lots 9 through 25 of said Block 18 for 500.01 feet to the Northwest corner of said Lot 25; thence North 00'56'26" West along the East right —of —way line of N.E. 29th Avenue as shown on said Plat Book 20 at Page 49 for 10.00 feet to the Point of Beginning. SURVEYOR'S NOTES: — This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami —Dade County, Florida. — Bearings hereon are referred to an assumed value of S89'52'03 "E for the north right —of —way line of N.E. 206th Street. — Lands shown hereon were not abstracted for easements and /or rights —of —way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Lands shown hereon containing 7,145 square feet, or 0.164 acres, more or less. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch # 297D -153. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on March 29, 2004, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper` FOR — `L-- - - -KIL - - -L63 Y.. — ------ - - - - -- Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. Drawn By DW F . No. 040621 297D -153 Piano& 9/14/06 10:50o DESCRIPTION, NOTES & CERTIFICATION FORuN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305- 653 -4493 1 Fax 305 -651 -7152 / Email flsQflssurvey.com Date 3/29/04 Scale NONE Job. No. 040621 Dwg. No. 1004 -048 Sheet 1 of 3 GRAPHIC SCALE `° BU lb° EXHIBIT "All N ( IN FEET ) Q I inch = 80 rt. R T H BISCAYNE WATERWAYS FIRST ADDITION PER PLAT BOOK 126, PAGE 18 NORTHERLY WM -OF-WAY LW OF NE 107 SWW / 10.00' ,-ZY <Y�7 QCEm0 ¢m �� Q 5m �< NOP1X LMC R SWRIREST� a sc oN �. -s, -41 N.E. 207th STREET SOUTH RIGHT -OF -WAY LINE OF \-NORTH LINE OF LOTS 9 THROUGH 25 i 8 17 ( 16 15 114 I 13 I 12 11 110 10 Job. No. PLAT BOOK 20, PAGE 49 wZ �(-7f 71- 71- 777_13 d 180 Northeast 168th. Street / North Miami Beach, Florida. 33 162 Phone: 305- 653 -4493 /Fax 305-651-7152/ Email fIsQDfIssurvey.com j Sheet 2 of 3 ► I 18 1 0 1 I I I I I IMNa . R/R 26 27 28 29 I 30 31 32 33 I I I 34 35 I I 36 37 38 I 1 Lo 39 40 41 I I 1 10 0 POINTIOF BE�INNING SOUTHWEST CORNER OF LOT 26 SOUTH LINE OF LOTS 26 THROUGH 42 Z m f� C 89 °5 '13" 1500k)2' 4 1 SOUT EASTCO NEROF OT42 b UNYPROYED 10' ALLEY PER P.B. 20. PC. 49 3 LOT 8 4 — 0 N 4 — — t N.E. 206th STREET — — N89 °5Z 03 10.00' NORTH RIGHT 89050 3" 500101' 1 NORT EAST CO ER OF OT 9 / 10.00' ,-ZY <Y�7 QCEm0 ¢m �� Q 5m �< IDrawn By DWF N �' LSOUTHWEST CORNER OF LOT 26 o 251 24 23 22 21 20 19 \-NORTH LINE OF LOTS 9 THROUGH 25 i 8 17 ( 16 15 114 I 13 I 12 11 110 10 Job. No. tl J wZ o FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Plotted: 4/104 180 Northeast 168th. Street / North Miami Beach, Florida. 33 162 Phone: 305- 653 -4493 /Fax 305-651-7152/ Email fIsQDfIssurvey.com j Sheet 2 of 3 1 IyL0T7 I—_- 3 LOT 8 4 — 0 N — — t N.E. 206th STREET — — N89 °5Z 03 10.00' NORTH RIGHT -OF -W N_ E. 206TH STREET r PLAT I1OOK?6' PAGE 1 _� Z 26 127 ( 28 I 29 1 30 I 31 1 32 33 1 34 1 35 i 36 I 37 38 1 39 I 40 I 41 1 tit 2 cc I I I I I I I i I i I i I I ImI W IDrawn By DWF SKETCH OF DESCRIPTION Date 3/29/04 Cad. No. Ref. Dwg. 040621 297D -153 F ORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS Scale 1 " =80' Job. No. 040621 Dwg. No. 1004-048 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Plotted: 4/104 180 Northeast 168th. Street / North Miami Beach, Florida. 33 162 Phone: 305- 653 -4493 /Fax 305-651-7152/ Email fIsQDfIssurvey.com j Sheet 2 of 3 Exhibit C LEGAL DESCRIPTION: That portion of a 10 foot alley adjacent to Lot 1 & Lot 42, Block 17 Hallandale Park No. 8 plot book 20, page 49 Public Records of Miami -Dade County, Florida, lying and being in Section 34, Township 51 South, Range 42 East City of Aventura, Miami -Dade County Florida and being more particularly described as follows: Begin at the northwest corner of said Lot 1; thence S00'52'30 "E along the west line of said Lot 1 for 32.21 feet; thence N89'52' 15 "W along the westerly extension of the southerly line of said Lot 1 for 10.00 feet; thence N0952'30 "W along the easterly line of said Lot 42 for 32.22 feet to the northeast corner of said Lot 42; thence S89'52 "03 "E along the southerly right -of -way line of N.E. 206th street as shown on said plat of Hallandale Park No. 8 for 10.00 feet to the point of beginning. SURVEYOR'S NOTES: - This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami -bode County, Florida. - Bearings hereon are referred to an assumed value of 589'52'03 "E for the north line of Block 17. - Lands shown hereon were not abstracted for easements and /or rights -of -way of records. - This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. - Lands shown hereon containing 322 square feet, or 0.007 acres, more or less. - Dimensions shown hereon are based on Fortin, Leavy, Skiles, Sketch #297D- 153 -1. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on February 23, 2004, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. FORTIN, LEAVY, SKILES, INC., LB3653 B-------- - Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. Drawn By DWF Cad. No. 000600 297D -153 -1 `Plotted: 2/23/04 J DESCRIPTION, NOTES, & CERTIFICATION FORTIN, Ll EAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Ph. 305-653 -4493 / Fax 305 -651 -7152 ►NAT � -- EXHIBIT 'A" CENTER BpULEVggO - "-'� CENTER OF OF N_E. 207th STREET 1 SECTION 34 -51 -42 \ /----------------------- - -."T— I 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 I F--- 1 I I I o LL— (0 Lfu U° I I HALLANDALE PARK NO. 8 I TRACT 1 ' I I PLAT BOOK 20 PAGE 49 I LAURANNA II J L------------------ - - - - -- I PLAT BOOK 76 PAGE 31 I I -,I W r---------------------- - - - --� I II ' j t 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 1 �I I Ul I I I LOT 7 I> ` I I LOT 8 1 �I �I Q ------------------- - - - - -- J (- - - -� QI uI N.E. 206TH STREET S89 °52'03 "E _ _ 10.00 PgINT OF BEGINNING I `I d SOUTHERLY RICHT-OF-WAY LINE NORTHWEST CORNER OF LOT 1 OF N.E. 206TH STREET NORTHEAST CORNER Of LOT 42 PLAT BOOK 20 AT PAGE 49 I / 1 S00 °52 -30 "E \ N00 °52 30 "W I m `o � 32.21 I I EASTERLY LINE OF LOT42 2 ' I � I a >- �i 1 CO W HALLANDAIE PARK NO. 8 N89 °$2'27 "w) o ul ,V I PLAT BOOK 20 PAGE 49 10.00 I � a 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 R ° TRA T 1 S OI I ALLEY PER PuT eeoa io PACE �s �07Tf1 E1 E N50, T � I PLAT K 40 I I r=r wI -- — -- -tl -- -- --- W PAGE 97 I (�Vg �Y zI 111 I 25 24 2,V4 22 21 20 19 18 17 16 15 14 13 12 11 10 g I I 6 ►� , (� a L vi O'I Z I D I� 7 I I Z r �LU I ------------------------ - - - -e� I I N. E. 205TH STREET I LTHE PRONE UDE SHOPS— I —� —I —• — — - — — — — — — — — — — — _• —" - \ I PER PUT BOON U.t, FAGE% I ox I THE PROMENADE SHOPS II I I PLAT BOOK 133, PAGE 39 II I I I I II TRACT "B" - AVENTURA JEWISH I I I I I GRAPHIC SCALE ( 0 CENTER - PLAT BOOK 147 PAGE 63 ( 1 1 1 50 100 200 (I TRACT "C' N l_ —1 PLAT BOOK I ' 147 PAGE 63 ( IN FEET ),� -.� 1 inch = 100 ft_ Drawn By DWF SKETCH OF DESCRIPTION Date 2/23/04 :`ad. No. 000600 S 1 11 1 Ref. Dwg. 297D -153 -1 Plotted: 2/23/04 ca e 1 =100 Job. No. 040319 Dwg. NO.100OA -035 —B Sheet 2 of 2 Exhibit D LEGAL DESCRIPTION: A portion of land bounded by on the North by o line 81.00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, according to the plat thereof, as recorded in Plat Book 158, Page 47, and bounded on the South by the North line of Block 18, HALLANDALE PARK NO. 8, according to the plat thereof, as recorded in Plat Book 20 at Page 49, all being of the Public Records of Miami —Dade County, Florida, lying and being in the City of Aventura and being more particularly described as follows: Commence at the Southwest corner of Lot 26, of said Block 18; thence N00'56'26 "W along the East right of way line of N.E. 29th Avenue as shown on said Plat Book 20 at Page 49, also being the West line of said Block 18 for 76.87 feet to a point of curvature and the most Westerly Northwest corner of said Lot 26, also being the POINT OF BEGINNING of the hereinafter decribed parcel of lond; thence Northeasterly along a 25.00 foot radius curve, leading to the right, through a central angle of 91'06'02" for on arc distance of 39.75 to a point of tangency; thence S 89'50'24" E along the North line of said Block 18 and the Easterly extension thereof for 474.99 feet to o point on a circular curve, concave to the Northeast and whose radius point bears N06'44'26 "E, the following two courses being along a line 81.00 feet South of and parallel or concentric with said North line of Waterways Boulevard; (1) thence Northwesterly along a 1519.00 foot radius curve leading to the right, through a central angle of 07'14'58" for an arc distance of 192.20 feet to a point of tangency; (2) thence N76'00'36 "W for 290.40 feet to a point of curvature, thence Southwesterly along a 25.00 foot radius curve, leading to the left, through a central angle of 104'55'50" for an arc distance 45.78 feet to a point of tangency; thence S00'56'26 "E along the Northerly extension of the said East right of way line of N.E. 29th Avenue for 104.19 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: — This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami —Dade County, Florida. — Bearings hereon are referred to an assumed value of S89'50'24 "E for the North line of said Block 18. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Lands shown hereon containing 25,382 square feet, or 0.583 acres, more or less. — Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch # 297D -153. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on May 26, 2004, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licens ry or and Mapper" FO TIN, V , S ES, INC., LB3653 By - - - - - -� = ---- - - - - -- Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. LEGAL DESCRIPTION Drawn By Acs DESCRIPTION, NOTES, & CERTIF /CATION Cad . Cad. No 040621 -1 FORTIN, LEAVY, S KILES, INC. Do. 297D -153 CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 1004 -069 -1 Sheet 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 ph fl one: 305- 653 -4493 / Fax 305- 651 -7152 / Email s flssurvey.com Plotted: 6/8/04 3:58p Date 5/26/04 Scale NO SCALE Job. No. 040621 Dwg. No. 1004 -069 -1 Sheet 1 of 2 104 055'50' R= 25.00' L= 45.78' NORHTERLY EXTENSION EAST RIGHJOF WAY LINE EXHIBIT "A" AVENTURA CORPORATE CENTER PLAT BOOK 158, PAGE 47 Np m 1_ OF W T RW YS "WAYgRDE WATERWAYS SOIJ -- --- I,76 °0o36�W CEVARO i-r 00056'26"E 104 19' A=7014'6'8'- R= 1519.00' L= 192.20' ( � 1 ui' I� �Iv OiQ N.E. 207TH Z� STREET N 89 °5024" W 474.99' ' r l 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 I �-- 1NT OF 26 A =91.0 D2" NORTH LINE OF BLOCK 18 dWIN NG I R =5.0�' I I I I I I I I I I I 11 Z MOST WES7/RLY L =39.75 L O K 1 8 Z 1 NO THWESTCORNEROF WE L1N OF OCK B u� A'�A U Q LOT 8, BLD�K 18 N 0° 26' W L I- IIMLL�13111l� F��ao -� L1 1 Q Cr td _ _ EAST RIGHT OF Pt7IN I— 1 � � ", � T- 1 7 WAY LINE OF w LA B 0 2 G 4 I I"" J Ed N.E. 29TH AVENUE :) I C�M ENE NT LLJ Q I LOT 26, BLOCK'1gNOF 1 I 1 1 I 1 1 I 1 I I 1 7 = j 25 124 123 122 1 21 �0 E 1 :1 1 1615 F 14 11- 1 i11- I 8 N N N.E. 206TH STREET 1 R — — — — z� H 1 GRAPHIC SCALE 200 1 6 LIO Ii K 1 117 1 1 1 1 1 1 1 �- ?- 30 131 132 133 134 135 136 137 138 139 140 141 142 11— y ( IN FEET ) 1 inch = 100 It. SKETCH TO ACCOMPANY LEGAL DESCRIPTION w Z w Q 0 C) R Drawn By Acs SKETCH OF DESCRIPTION Date 5/26/04 Cad. No. 040621 -1 . Dw Ref. g 297 -153 F ORTIN, L,EAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305 -653 -4493 / Fax 305- 651 -7152 / Email fls@flssurvey.com Scale 1 " = 100' Job. No. 040621 Dwg. No. 1004 -069 -1 Plotted: 6/8/04 3:58p Sheet 2 of 2 1750 PONCE DE LEON BOULEVARD, CORAL GABLES, FLOWDA 33134 305 447 -0900 * FAX: 305 444 -4986 • EMAIL: DPA @DPLUMMER,COM October 28, 2013 Mr. Victor Ballestas Integra Solutions 150 NE 2nd Avenue, Suite 701 Miami, FL 33133 Phone: 305- 774 -0110 Mobile: 305- 773 -5896 E -mail: vb @integrafl.com RE: ParkSquare Aventura Traffic Engineering Services - #13114 Dear Mr. Ballestas, The ParkSquare Aventura project is located on the south side of Waterways Boulevard between NE 29th and NE 301h Avenues in Aventura, Florida. Exhibit 1 shows the approved development program. The purpose of this letter is to conduct a trip generation comparison between the previously approved project for the site and the new development program. Exhibit 1 Approved Development Program Land Use Size Office 142,248 Square Feet Bank 4,923 SF Square Feet Specialty Retail 17,393 Square Feet Hotel 198 Rooms Coffee Shop 992 Square Feet Bowling Alley 18 Lanes Apartment 104 Dwelling Units Currently, the applicant is seeking to change the development plan. The proposed development program is shown in Exhibit 2. Exhibit #4 01- REZ -14 Ra CORALGABLES • FORT MYERS Mr. Victor Ballestas RE: ParkSguare Aventura Traffic Engineering Services - #13114 Page 2 Exhibit 2 Proposed Development Program Land Use Size Specialty Retail 34,429 Square Feet of Gross Floor Area Quality Restaurant 21,516 SF GFA of Gross Floor Area Office 151,601 Square Feet of Gross Floor Area Hotel 230 Rooms Apartment 145 Dwelling Units Assisted Living Facility 199 Beds A trip generation analysis was conducted to determine the trips generated by the previous development program compared to the proposed project. The trip generation analysis was based on rates and /or equations from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition, and obtained using the TripGen 2013 software. Worksheets are provided inAttachmentA. ITE recognizes that data obtained to establish trip generation rates and /or equations is collected at single - use, free - standing sites, and that mixed -use developments provide a potential for interaction of trips within the site, which must be accounted for separately. This will be a mixed -use project and the design will incorporate an internal road system to serve both automobiles and pedestrian and facilitate interaction of trips within the site, resulting in some satisfied on -site (internal trips). Internalization between the proposed uses was established based on the guidelines in ITE's Trip Generation Manual User's Guide and Handbook. Internalization worksheets are included in Attachment A. Research shows that a percentage of retail trips to and from a site are "pass -by" trips. ITE describes pass - by as trips "attracted from traffic passing the site on an adjacent street ". Pass -by trips are already using the existing roadway network. Pass -by trips were established based on the guidelines in the FDOT's Site Impact Handbook. A review of transit availability in the vicinity of the project site indicates that several transit routes serve the area within l mile. A 5% deduction for mode split was used to consider other modes of transportation. Adjustments made to the trip generation estimates obtained using ITE trip generation rates CORAL GABLES • FORT iNAYERS 79% Mr. Victor Ballestas RE: ParkSpuare Aventura Traffic Engineering Services - #13114 Page 3 and /or equations are consistent with the adjustments used in the traffic study performed for the previously approved land uses. Exhibit 3 provides a summary the trip generation summary for the approved and proposed site plans. Trip generation /internalization worksheets are included in Attachment A. Exhibit 3 Project Trip Generation Summary Scenario Weekday AM Peak Hour Vehicle Trips Weekday PM Peak Hour Vehicle Trips Approved Uses 528 536 Proposed Uses 465 625 Trip Difference -63 89 % Trips Reduction -12% 16% The results of the trip generation analysis show decreases in net new external vehicular traffic for the AM peak hours from the previously approved land use plan. An increase is anticipated on a daily basis and PM peak hour. Based on this, it can be concluded that the proposed uses will have no additional impact to the adjacent roadway network than those in the approved traffic study. We stand ready to provide any support needed for this project. Should you have any questions or comments, please call me at (305) 447 -0900. /EspinZa, 4. PE Vice - President — Transportation Attachments w: \13 \13114 \tgen oct 28 2013 \parksquare aventura trip generation comparison letter_october 28 2013.docx ••w CORAL GABLES • FORT MYERS W lilift- V Q C 2.2 y d Q 'd a c_q 16 03 0E-Z s'o d CL 0 �0Z U a CL Q � � h C O C O Y y O O a J a J S X Y X Y u_ y y a E e E `a a a x X x N x Y x x X R w n N Y� N. h N O V N v V Y A d ti �A r ,.� .�•, n p m + h 19. ui m iri ;k A ^ n H jg N C7 f/J U' N J R D n u N u s u O x eQ C Y> > C S S q� V h Y � E o n N a of N LU - ,n x7 oe sj me �e �rAs a e s n =e � '8 a E � 9 Z CC�C.mC C M u � Q � uj � � Q � Q ro- �k) 23� 0 CL 3: 0Z �/ \ (` | ! . � § \� 7,77, � :t ®� . •,i,§ |£ :�;, :93- ^ � \ ■ka.2_■�n }: � m� \ (` | ! Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes (Unadjusted for Internal Trips) Project: Park Square Aventura - Approved Phase: Description: Project Open Analysis Date: Date: 24 Hour AM Pk Hour PM Pk Hour Two -Way ITE:Land Use Volume Enter Exit Enter Exit 710: General Office Building 1716 223 31 40 198 142.248 Th.Sq.Ft. GFA [E] 912: Drive -in Bank 729 34 25 60 60 4.923 Th.Sq.Ft. GFA [R] 826: Specialty Retail Center 771 0 0 21 26 17.393 Th.Sq.Ft. GFA [R] 310: Hotel 1618 61 44 61 58 198 Rooms [R] 937: Coffee /Donut Shop with Drive -Thru 812 51 49 21 21 .992 Th.Sq.Ft. GFA [R] 437: Bowling Alley 600 34 22 17 10 18 Bowling Lanes [R] 220: Apartments 692 10 43 42 22 104 Dwelling Units [R] Total Driveway Volume 6938 Total Peak Hour Pass -By Trips Total Peak Hour Vol. Added to Adjacent Streets Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation Manual, 9th Edition, 2012 TRIP GENERATION 2013, TRAFFICWARE, LLC 413 214 0 0 413 214 262 395 28 28 234 367 Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes (Unadjusted for Internal Trips) Project: Park Square Aventura - Proposed Project Open Date: Phase: Analysis Date: Description: ITE:Land Use 826: Specialty Retail Center 34.429 Th.Sq.Ft. GFA [R] 931: Quality Restaurant 21.516 Th.Sq.Ft. GFA [R] 710: General Office Building 151.601 Th.Sq.Ft. GFA [E] 310: Hotel 230 Rooms [R] 220: Apartments 145 Dwelling Units [R] 254: Assisted Living 199 Beds [R] 24 Hour Two -Way Volume AM Pk Enter Hour Exit PM Pk Enter Hour Exit 1526 0 0 41 52 1935 0 0 108 53 1801 235 32 42 206 1879 71 51 71 67 964 15 59 58 32 529 18 10 20 24 Total Driveway Volume 8634 339 152 Total Peak Hour Pass -By Trips 0 0 Total Peak Hour Vol. Added to Adjacent Streets 339 152 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation Manual, 9th Edition, 2012 TRIP GENERATION 2013, TRAFFICWARE, LLC 340 434 48 23 292 411 Superintendent of Schools Alberto M. Carvalho October 18, 2013 VIA ELECTRONIC MAIL Mr. Michael J. Marrero, Esquire Bercow Radell & Fernandez, P.A. 200 South Biscayne Boulevard, Suite 850 Miami, FL 33131 mmarrero(o)-brzoning law. com Miami -Dade County School Board. Pena Tabares Hantman, Chair Dr. Martin Karp, Vice Chair Dr. Dorothy Bendross- Mindingall Susie V. Castillo Carlos L. Curbelo Dr. Lawrence S. Feldman Dr. Wilbert "Tee" Holloway Dr. Marta P6rez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS WATERWAYS TOWN CENTER — No. 01- CPA -14 LOCATED AT NE 207 STREET AT NE 30 AVENUE, AVENTURA, FLORIDA PH2813100400889 — FOLIO No.: 2812340064610 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami -Dade County, the above - referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review) for informational purposes only. As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 147 multi- family units, which generate 26 students; 12 elementary, 7 middle and 7 senior high students. At this time, all three school levels have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to qqntact me at 305 - 995 -4501. L -432 Enclosure cc: Ms. Ana Rijo- Conde, AICP Ms. Vivian G. Villaamil City of Aventura School Concurrency Master File Sinc y / M. Rodriguez, A. Director IIMR:ir Exhibit #5 01- REZ -14 Facilities Planning, Design and Sustainability Ana Rijo- Conde, A1CP, Deputy Chief Facilities and Eco- Sustainability Officer 1450 N. E. 2nd Ave. • Suite 525 - Miami, FL 33132 305- 995 -7285. 305 - 995 -4760 (FAX) • arijo @dadeschools.net Ca ncurrency Management System CMS) Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PH2813100400889 Local Government (LG): Aventura Date Application Received: 10/4/2013 3:27:27 PM LG Application Number: 01- CPA -14 Type of Application: Public Hearing Sub Type: Land Applicant's Name: Waterways Town Center Address /Location: NE 207 Street at NE 30 Avenue. Aventura Master Folio Number: 2812340064610 Additional Folio Number(s): PROPOSED # OF UNITS 147 SINGLE- FAMILY DETACHED UNITS: 0 SINGLE - FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 147 �GLO] .. a I LWM a 54TA to M, • • Net Available seat • Facility Name 5 Capacity - ® • '� -- X231 �(ELE`M VETURA WATERWAYS K -8 CENTER 1 COMP) -64 12 10 'N0 Current CSA 231 AVENTURA WATERWAYS K -8 CENTER 0 C12 ��0 (NO Current CSA Five (ELEM COMP) , i Year Plan 232 �AVIEINTURA WATERWAYS K -8 CENTER 7 0 0 [Current CSA M COMP) x-11 �N! 232 A K -8 CENTER [( i 0 � NO Current CSA Five D COMWATERWAYS ,0 Year Plan 16241 HIGHLAND OAKS MIDDLE I ' _F7 10 (NO I Current CSA�� 6241 HIGHLAND OAKS MIDDLE 0 F '0 �NO ii Current Year Plan SA Five 7141 __..._ _ _ _ _ ---[Current DR MICHAEL M KROP SENIOR -284 F7 j0 �NO CSA 7141 DR MICHAEL M KROP SENIOR 0 17 �0 �NO Five Year Plan ADJACENT SERVICE AREA •• 2441 VIRGINIA A BOONE HIGHLAND OAKS 35 12 112 ELEMENTARY [YES Adjacent CSA 6023 ANDOVER MIDDLE 140 17 YES Adjacent CSA 7381 M [MIAMI NORLAND SENIOR 1580 17 i7 IYES lAdjacent CSA *An Impact reduction of 19.5% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305 - 995 -7634 / 305 - 995 -4760 fax / concurrency @dadeschools.net APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31.71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if ii'Mereni) hpreby lists and identifins all persons representing the individual or entity applying for the Developmmnt Permit in confTetion Willi the application, as follows Name M Relationship (r.e. Attorneys, Architects, Landscape Architects, Engineers, t obbyrsts, Etc. j .. orn ' uv (Attach Additional Sheets It Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC, 31- 71(8)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BE. COMES INCORRECT OR fNCOMPLET f �� iryl "NE ' MY HAN THIS L� - DAY OF 2Q ►� ', jTHOR b REf?RES iA E OF APPLICANT OWNS vA , a Sryr(la��Jtt�rr>) 1&- �W.�_. Name: ML i cj (Print K � 'fir() � �i P•t-i j .. �t� !$less._ .? .. �`!- - -- Address: L� t STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me the undersigned authority personalty appeared P_v p__, Nk.( _G representative of the Applicant and/or the owner of the property subject to the application, who being first by `dulyrswi. � swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFF' SWORN TO AND SUBSCRIBED BEFORE ME this _ day ofd Notary Public State Fuacicia At r Printed Name of Aloto tary U. �° f .... t (r^ r k- My commission eya�g�� lo�a�ir'anda ' :colt I "510 >I. #FF202515 $Jl: ag E; riRES: 10; AY 29, 2016 ° ° ° °rr F0 �`0 VVW1 v. AA KID NOTARY.corn BUSINESS RELATIONSHIP AFFIDAVIT* U-0 This Affidavit is made pursuant to Section 31- 7t(h)(2)(ii) of the City of Aventiva Land DeV010PITtent Corso. The undersigned Aunt hereby discloses that (mark with "x" app',able portions only) (' A.ffiant dynes net have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. 12, Affant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the appllcamn will be presented, as follows. (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board npoan which member serves). The nature of the Business Relatkinship is as follows: ] i. Member 0 City Commission or Board holds an ownership interest in excess Of 1% of total assets of capital stock of Applicant o? Representative; ] ] ii Member of City Commission ,jr Board is a partner, Oo shareholder (as to sharfls of a corporaion which are not listed on any +nalionat or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture: (j iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the rnember of the City Commission or Board, O iv. A, City Commissioner or Board member is a Client of the Applicant or Representative, j 1'q The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than. $10,000 OC of the business of the member of the City Commission or Board (or his or hei erripfoyer) in a given calendar year, (? vi The member of the City Commission or Board is a Customer of the Applicant w Representative and transacts more than $25,W(D.00 of the business of the Applic er Representative in a given calendar year. W =TNESS.MY ND THIS G DAY OF _... 2 .). APPLI AO �. •,.' "G AA ,�.� AA P& le Joao tai Iran �s co ISSICi -- -- tsrgnalcrre) °F Name :__. _ .. fPrnN) Tltle ti 'QTY M� rA,'llr(1 rau t. a� t f,I: f.Crlt �J WITNESS PAY H!d THIS nd ��f` . _DAY ()F _.., 2i' .. _... / r P 'r a PROPLRT'Y ()WawER s� loac Faule . Mira By, �i� Cid 5 Name: WPM) % 'off, 2 16 ��ea}�jaPYaa OTARY.eo Title sa w n" _ __ -.._(PnIN) 'The terms VuSfomel, ' 'Appiicarrl, " "Representalive" 717d "Interested Person" are desired in 5eclion 2 -.7,95 of the Aventura City C ©de. WITNESS WY HAND THIS �_l_ DAY OF, ��__ REHRE8E Relationship Affidavit) TitV By Namv____________A�^ TKle�_______� Title: �'-----------------�&�omny uy�____- __(Print) Title, 8y-� Nie-, __(Signature) By --____ ...... _(Signaux-e By-_-__- __-_ ___/';�mmum Nama___ ��mV By Namv____________A�^ Title: uy�____- Title, 8y ' '�( ia Title:___ Title: .-willow By: (S�qflauxe Title Title __(Print) NOTE: 1) Use duplicate sheets K disclosure information for Representative varies D Applicants and Abinnt.s are advised to timely supplement this Affidavit pursuant m Sec. 3Y'7}(h)(2Xh4vf the City's Land Development Regulations in the City Code, in the event that prior to consideration of the op»|icmiwo by the City Board or Commission, /h*iu0unnmivo provided iu the Affidavit becomes incorrect n, NOTARIZATION PROVISION STATE. OF FLORIDA ) CCUN'N OF MIAMI- DADEE) Mt��ta�arr�e t3e(xa ma, the undersigned author ry, personally appeared the Affant. who being first by me duly sworn, did swear or affirm that helsbe executed this Alfulav;l Tor the purposes stated therein and that it is true and arrest. t AFFIANT SWORN TO AND SUBSCRtBEiD before me this aq day of 0060 -. 20d1-4r =0% y Public State of Florida a Ramos ommission EE082284 Nora y Public fate f f konda At Large es 04/10/2015 �G�k'rUS. Printed Name of Notary My commission expires. .. .... --------------- _... ----------- -------------- .__........ STATE t:)F FLORIDA j COUNI"Y OF MIAMI -DADE) Eerom me, the undersigned authority, personally appeared t, who bei g ft y ly sw n.. did swear a affirm that haJshe executed this Affidavit frx the purposes skated therein and that it is true and correct SWORN TO AND SUEISCRIHED before me this ,�.., day Of . 204_I Notary Public State of Florida _ Diana Ramos N is of Florida At Large , . X44 My Commission EE082284 V of FVO Expires 04 /10/2015 Pnrted Name of Notary My commission expires: STATE FLORIDA. COUNTY i:F MIAMI- DAr)FI, executed hi iSTAKrc1av 1 fix the purposes s4ateirtha ern and that appearedt die nt,' Gtfi being first by me duly sworn, did swear rx a*m that he/she gn authority, persona at it is hue and cared. ; r j`�ttUU7tr r .. .._.. SWORN TO AN SUBSCRIBED befoe me this day Of 2 46 IM, STATE OF FLORIDA j GOUNTY OF MIAMI•DAOF.) Before mr., the undersigned authrnty, personally appeared - exerxiled this Affidavit !or the purposes stated therein and that it is Uue and rrnrect. ., . .` ' °r'i'9( 0j(5 Notary Public State of Florida AS in� It ' / Rf' h!i. * ;Rycorn Printed Nano of Notary,;r ti.AV � � � c" —d "t 6,'> My commission expres Al, ,'y i t 2 p _. 1 . . ....... ., . ... ...... the Affia -i. who being first by me duly sworn, did swear or affirm that helshe SWORN TO AND SUPSGIZIGED before me this,, day of -,200, AFFIANT Notary Public State of Florida At Large Printed Narne of Notary My commission expires:_ /p BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made prrtsuanl to Section 31.71(h)(2)(0) rt the City of Aventuna Land 0evehoprnr *,rrf coy jk; Thri unders>E)oM Adam Ilemby discusses that (mark mth "x' app' .able tXrrI Orrs cray) f ; Affianl does qgj have a BrAiness itetationStrip with any member rd fire (Ay Crxrmsstoo of ally City Advisory Board to whhtit fire sappirc dkva wit; be tuescanled j I2 Afiiant hereby disciOS0s that it -a M Bf an h a Smesi 8018 ShIP VAO) a nIcill ser Of 14 Cify (,fly AtivWy Board to which tbn application wltt be proseeled; as fratims _._ (List narne 01 Commissioner at A;dvNoiy fioar(l Nkrnber) whV) serves on the _ (fist City Ccxnr+rission nr City Advisory Bc)ard ntklrr which mrarrkaer 9arv" The natore of the, 8miress Re Murnsli p a as idiom 11, Member of City Commission or board holds an ownership interest rn excess of I% of trial assets Or capital stork of Appltcant at Reparesantalive; J J ii Me(now of City Commissrcm or Board is a partner, rA- Sharehok:ler (as to shar(m of i corpefMion wfttch are not traferi on my AAwflal or regamal stock e)xchatage) Of Joint vanhiror with the Applicaml or Representative to any business venture: (f is The Applicant or Representative rid a Client of a member of the City Commissror+ of Board o a Giant of armer fxafessional working from the same office Of for the same employer as the inernbor of the Oty Conrnris9io c + Board, (J ry A C;ily Corntaa;ssioner or Board nrembrn is a Client Of the Apptieant or Representative, j (v The Applicant fu Representative rs a Custom of the member of the Carty Comrntrssion or Board (or of his or her run(yoyer) and transacts more than $10,DOO W of file Misiness of the member of the City Commissx)n or Board (or M or her miritoy6x) in a given eateadat year. (y w The member of the City Commisson of Board is a CustOrner of lite Appirum or ReWeaentetrvcr and IramsactS more than $25,0t3t}_00 of Ole business of Pro Applicant or Rapresontalive 0 a given calendar year ITNESS MY NAND THIS ? DAY OF Pf ?tit' Title: . 21 ` p2 _(p'-w1 WITNESS MY HAND THIS PROPf RTY OWNER DAY OF , ..__.._..,_ ZOO_. Name rife 'The terms Y3uvire!ss fi"tWAli aship, ` cAenG " 'Cusfvrner: iytj ,rant ` 1 ?ep1E5e11rrfive" mid '11110 esfOd Person" sue der wed xr Sr:' kw 2.395 of fhe Avedura City Code. I?Phvci me IN, un&r*qned d"Itmay, petfimmly nopleared IfIt, Atfw.l. wtxr b.�Ijjq flier by nw, digy qwm" g , aknn If'm fmt, otenw1w Otis AM&A ky loll pffrlosliii stated Pnefoin and ft! it is '..us AFI IANT SWORN TO AM) SIJAW,'Aiflf;.V bebre rio INS day of .1 , 2w N (AR(Y ktft Stfifill Of r 10?108 At t arse prwilted Nam of Notety My exp"-s ;i Az Of it ORDA COU PN OF MIAMI DADL� HOUre me, Ih(l b4tdLmsqv,,,O mhwt�. Iw, swtsfy appealed Iful Aff4mi who bmilq fimt ny ror, cr=ijy smya did jwrjw q thajjejs r , oxiaited Lv$ AfyJawl tot Vie pwilojim MAIM tweki ad that it is rue ant! cwed AP IW14-1 SWORN TO ANO SIJRSCR14Cf1 telcito ojil ttus day of Notary Pubk SIefe c f Flrn is At targe I'mited Nvm or Nowly My rmillrow tutpros 5TATE Of HIORIUA C'MNIN 9 MIAMI mrk) firificric nul, the wicefsYro sultionty. Person" appearviel eieaAeOttim Affidavitti; the lhe,,r, mo that iffs true and r"re ,a OP A!rrqtA0l bating first by ijb duty ilworm AFHANT SWORN TOANO SUMCF419U) hlibioww Mrs dayot 200 Notary PlAlft SWOOf Honda At Large Wonted eta na of Notary My my'll"smorl exflvrrtS k(LTARILA s ., rA ri �.'i I , (38DA l:C IN rY Or MIAMI i �AD� tkirse old. The imilowStgaert awwAry, JeWleliv aC),1*wejD#A:F#/f14 A44,11 Ur Iiev Sworn ft swear c,,f afflim Ulal -umov "e-wiNr tiv, Af6m".1 k'X 111P stilito'd vimr, bm".4"ItI I l& walamt rwwi AYFIANI' Nota(Y PUbk Sti)W Of ts,y uo"c State P P Kay Susan P Kay m 5,_ jr my cummi5stori LE e Expires D410612016 Idi R I thy anmvs5:ar oxper-,,, ';!A t t Of P L ORI(TA (.OjINTN Of MIAM!,t)AI)f I?Phvci me IN, un&r*qned d"Itmay, petfimmly nopleared IfIt, Atfw.l. wtxr b.�Ijjq flier by nw, digy qwm" g , aknn If'm fmt, otenw1w Otis AM&A ky loll pffrlosliii stated Pnefoin and ft! it is '..us AFI IANT SWORN TO AM) SIJAW,'Aiflf;.V bebre rio INS day of .1 , 2w N (AR(Y ktft Stfifill Of r 10?108 At t arse prwilted Nam of Notety My exp"-s ;i Az Of it ORDA COU PN OF MIAMI DADL� HOUre me, Ih(l b4tdLmsqv,,,O mhwt�. Iw, swtsfy appealed Iful Aff4mi who bmilq fimt ny ror, cr=ijy smya did jwrjw q thajjejs r , oxiaited Lv$ AfyJawl tot Vie pwilojim MAIM tweki ad that it is rue ant! cwed AP IW14-1 SWORN TO ANO SIJRSCR14Cf1 telcito ojil ttus day of Notary Pubk SIefe c f Flrn is At targe I'mited Nvm or Nowly My rmillrow tutpros 5TATE Of HIORIUA C'MNIN 9 MIAMI mrk) firificric nul, the wicefsYro sultionty. Person" appearviel eieaAeOttim Affidavitti; the lhe,,r, mo that iffs true and r"re ,a OP A!rrqtA0l bating first by ijb duty ilworm AFHANT SWORN TOANO SUMCF419U) hlibioww Mrs dayot 200 Notary PlAlft SWOOf Honda At Large Wonted eta na of Notary My my'll"smorl exflvrrtS �»/' pm too By _- xSiqvmo^e) mw mm__-_________�m nr/�vm^"� mle. V�ttm I Itte � __o�mV By, _______ISqlatjrp /w* By uv .w^ wnmo 'wp "�_��~�r _x�x* m* TZAO/*�-A-4q k-4 "5,/ By _ ' 8qpa*el By Nam By m^mo —__ —_ -«vmu wome TNo �m� ritiv (Pv� ov___ Title TJIV By _- xSiqvmo^e) mw mm__-_________�m nr/�vm^"� mle. V�ttm I Itte � __o�mV By, _______ISqlatjrp /w* By .w^ Title wor V Use duplicate sheets ndiscm*uto information for Kev,semau" "mies 211*u»mo"o and Affiom,; are Advised m^*,4'"pvltvmmthis ANuavxpv«m" toxm�u'n(uxzX�/v[ m, n»'s umu nr* mpm^ / n~umwm"xin m= n^ Code, in om event 'xo' ptior *«m^muwmnvrthe np/mmwwb�`u~o/'ov�uwr"^m/��n.//�/uo^n.*�"p,°�x4m(|wAmo^,o^,�^�o�mvr�'v, .n�.mw^w WITNESS MY HANO THI� 0AY OFdX r4,-o z-,- 200 REPRESS T VE. t don Business Rotation Ship Affidavit) RY- By (S;gnrylurr• Named i '�Latl�/i /hint) Nams: _. ._ ..... ._..._..__._.__._.._ TiP.s (PriruJ Title (Pirntl BY _ _. _._ .......... ,.�_ (Srgnruute) By. (Signature Name, - ._.__ (1'an1J Name: fill(. .............__- ......._. lNnnl! Title: By. _-_..___ .... __(Sgr >ANtie! By._ _ -- (Signvrrrre Name' _..__ .__.....,_.._.__._.. __._.(P�ur!) Name ......_.....__... „_.,.,.�1 /'rin!) Ti1ia.__..__._1_...___.1 _.__...- ..__._._...1 /'rirnl Titfe: By __..._._.. (5yrk31trrR) 6y:....._..._. �._ (Signettrre Title: Ti(ie, (Pnn1J Title, _ _ ,(Prim) By. ...._.....__ __ ..._.._._,..__._..__..- ........ fSiyrramn:) By: (SigrreNrr'e 'THIS _._(I'rNilj Title: (PratU TitrS; ..... ..... POP Title: ... ..__.._ .............. (Print) Title: Tills Title NOTE 1) Use duplicate sheets if disclosure information for Representative varies ?) .Applicants and Affiants are advised to timely supplernent this Affidavit pursuant to Sec.. 31- 71(b)(2)(iv) or the t'Iq's land DeMopment Regulations in the. City Code. in the event that prior to consideration of the application by the City Board or Commission, thc in(brrnatirm provided in the Affidavit beconics incorrect or incomplete, NOTA T SfAri: ,)I* vi,mom I I (',C"UN'Y Or 'AlAW-11AX) Beirge me, the Undersigned atilbontt, pcvsrmal� appeared 1, 4'&tFjft 'P3 prc? Af6ard, wit®r he rim firw f swan` did swear or affirm ma(hmiro emulocl Ibis Atficrimg kif lite ptxpoaes StMed llielow and that 4 it IPA and fllyelwl ROSAR R. BERUVIDES Notify 11 SW( '14N 1`0 AN[ WI:j��c IWO bp#* i.2 0 t COMM1111819111 0 If 13 323 Ow" Thwwo Na"w" lbla<y AS A. Nan public Staff 1 or dot rga knited Name- of Notary My ownti.mrsion elipties ......... ........ ... ------- ... .... ........... .. ...... STATE (Y H-Offlf* COUNTY Of MIAMI I)ADV) Briforo rm Its (indailiqlned wiltinfIly, penvially appeared pre Alliant, wW being hint by me duty mom did swear cr. aflwj+ ffial It"I)c exerveo this Affidavit kv hie purposes stated Dwain and Itial 0 is true art<) correct AFIiiNT SWORN day of I -... 200,. Notary Public Stele of F Ionds Al Large ...... ....... ....... ...... . ........... - ....... S I AT;- Or FLORIDA COUNTY OF MIAMI DADE) Before ine, 1,141 imdosqw.d arilhorlity, persoully appeared the Allant. who bilitV first by me duty a✓n, did swear of fiflinint that Ircishe ftmited ffi* Affidavit for Dre pwooses slated Iriorw and That ii 13 true and wed SWORN 10 AIC F)UW",RIK-D beliane me this . day of 1 -1 20D, Notary Puma male W F"b At I'a4e, Pnni Nftnilocrfilulnr'y ' '-' - My cornraisslon expires:,__, STATE OF ILOMDA (1OUNT- OF MIA1,41 DADEI Helore n no. he undersigned audiority, personally appeared ....__ ,_.. ... _. the Af4anl, who boring first hY ma duly swum r!M swear fN afKnn Thal IKV9le ex aculpt) This Affidamf kyr9te purposes stated herein and that 4 is hue and (ZY fed, SWORN TO AND SUBSCRINED before torr Ittis _dayof AFFIANT Notary prdbjta Slat a of Florida At Large Printed Narm of Notary ORDINANCE NO. 2014- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 7.391 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2, COMMUNITY BUSINESS DISTRICT TO TC3, TOWN CENTER NEIGHBORHOOD DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Aventura Land Ventures, LLC, through Application No. 01- REZ -14, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation for a parcel of land (the "Property ") on NE 207 Street at NE 30 Avenue, as legally described in Exhibit "A" attached hereto, from B2, Community Business District to TC3, Town Center Neighborhood District; and WHEREAS Ordinance No. 2006 -15, adopted on October 3, 2006, had rezoned the easterly 3.359 acre portion of the parcel from B2, Community Business District to RMF3A, Multifamily Medium Density Residential District, with a condition precedent which was not fulfilled and therefore that rezoning was not effective; and WHEREAS, due to the non - effectiveness of Ordinance No. 2006 -15, the zoning designation of the entire parcel remains B2, Community Business District; and WHEREAS, part of the 7.391 acre parcel subject to the rezoning request contains unopened public rights of way abandoned by Resolution No. 2006 -61; and WHEREAS, Resolution No. 2006 -61 abandoning said unopened public rights of way was adopted with conditions precedent which have not been fulfilled to date; and Ordinance No. 2014 - Page 2 WHEREAS, the applicant has proffered to record a covenant acknowledging that it will fulfill the conditions of Resolution No. 2006 -61; and WHEREAS, the City Commission concurrently with this rezoning application has considered small scale Comprehensive Plan amendments to change the future land use designation of the easterly 3.359 acre portion of the Property from Medium High Density Residential to Town Center and to change the future land use designation of the westerly 4.032 acre portion of the Property from Business and Office to Town Center (01- CPA -14); and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local planning agency has determined that the rezoning is consistent with the applicable provisions of the City Comprehensive Plan as proposed to be amended; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the application for rezoning and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan, as proposed to be amended, and furthers the health, safety and welfare of the City. Ordinance No. 2014 - Page 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Official Zoning Map Amended. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for the 7.391 acre parcel of land located on NE 207 Street at NE 30 Avenue with legal description described in Exhibit "A" to this Ordinance, from B2, Community Business District, to TC3, Town Center Neighborhood District. 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 the completion of both of the following: (1) the effective date of the small scale Ordinance No. 2014 - Page 4 amendments to the Comprehensive Plan (01- CPA -14) for the property subject to this application; and (2) upon recordation by the applicant of the proffered covenant regarding fulfillment of the conditions of Resolution No. 2006 -61. 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 Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg 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 Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED on first reading this 5th day of November, 2013. Ordinance No. 2014 - Page 5 PASSED AND ADOPTED on second reading this 7th day of January, 2014. 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 January, 2014. CITY CLERK LEGAL DESCRIPTION: Lots 7 through 42, Block 18, HALLANDALE PARK No. 8, including the ten (10) foot alleys that are South of a line 81.00 feet South of and parallel /concentric with the North right —of —way line of Waterways Boulevard, lying within said Block 18, according to the Plat thereof, as recorded in Plat Book 20 at Page 49 of the Public Records of Miami —Dade County, Florida, AND Tract 1, LAURANNA, according to the Plat thereof, as recorded in Plat Book 76 at Page 31 of the Public Records of Miami —Dade County, Florida. AND A portion of land bounded by on the North by a line 81.00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, according to the plat thereof, as recorded in Plat Book 158, Page 47, and bounded on the South by the North line of Block 18, HALLANDALE PARK N0. 8, according to the plat thereof, as recorded in Plat Book 20 at Page 49, all being of the Public Records of Miami —Dade County, Florida, lying and being in the City of Aventura and being more particularly described as follows: Commence at the Southwest corner of Lot 26, of said Block 18; thence N00'56'26 "W along the East right of way line of N.E. 29th Avenue as shown on said Plat Book 20 at Page 49, also being the West line of said Block 18 for 76.87 feet to a point of curvature and the most Westerly Northwest corner of said Lot 26, also being the POINT OF BEGINNING of the hereinafter decribed parcel'of land; thence Northeasterly along a 25.00 foot radius curve, leading to the right, through a central angle of 91'06'02" for an arc distance of 39.75 to a point of tangency; thence S 89'50'24" E along the North line of said Block 18 and the Easterly extension thereof for 474.99 feet to a point on a circular curve, concave to the Northeast and whose radius point bears N06'44'26 "E, the following two courses being along a line 81.00 feet South of and parallel or concentric with said North line' of Waterways Boulevard; (1) thence Northwesterly along a 1519.00 foot radius curve -leading to the right, through a central angle of 07'14'58" for an arc distance of 192.20 feet -to a point of tangency; (2) thence N76'00'36 "W for 290.40 feet to a point of curvature; thence Southwesterly along a 25.00 foot radius curve, leading to the left, through a central angle of 104'55'50" for an arc distance 45.78 feet to a point of tangency; thence S00'56'26 "E along the Northerly extension of the said East right of way line of N.E. 29th Avenue for 104.19 feet to the POINT OF BEGINNING. AND That portion of N.E. 206th Street bounded on the North by Block 18 and bounded on the South by the center line of N.E. 206th Street and bounded on the East by the West right —of —way line of N.E. 30th Avenue (East Dixie Highway) and bounded on the West by the East right —of —way line of N.E. 29th Avenue (Harvard Avenue), all being as shown on HALLANDALE PARK No. 8, according to the Plat thereof, as recorded in Plat Book 20 at Page 49 of the Public Records of Miami —Dade County, Florida. Exhibit "A" LEGAL DESCRIPTION (Continuation): Lots 1, 2, 6, 7, 8, 9, 11, 24, 25, 26 and 27, Block 17, HALLANDALE PARK No. 8, according to the Plat thereof, as recorded in Plat Book 20, Page 49, Public Records of Miami -Dade County, Florida. TOGETHER WITH those portions of adjacent vacated alleys and NE 205th Street, to the centerlines thereof, vacated per Resolution recorded August 21, 2000 in Official Records Book 19247, Page 4677, Public Records of Miami -Dade County, Florida. ALSO TOGETHER WITH the South 16 of the adjacent portion of vacated N.E. 206th Street on North, and a portion of a 10.00 foot alley, as vacated and abandoned by that certain Resolution recorded November 14, 2006 in Official Records Book 25093, Page 478, Public Records Miami -Dade County, Florida. AND Tract 1, of Block 17, of REPLAT OF A PORTION OF HALLANDALE PARK No. 8, according to the Plat thereof, as recorded in Plat Book 40, Page 97, Public Records of Miami -Dade County, A:orido. TOGETHER WITH adjacent portion of vacated alley to the centerline thereof as vacated by Resolution recorded August 21, 2000 in Official Records Book 19247, Page 4677, Public Records of Miami -Dade County, Florida. AND Lots 10, 12 through 23, inclusive, and Lots 28 through 42, inclusive, Block 17, HALLANDALE PARK No. 8, according to the Plat thereof, as recorded in Plat Book 20, Page 49, Public Records of Miami -Dade County, Florida. TOGETHER WITH those portions of adjacent vacated alleys and NE 205th Street, to the centerlines thereof, vacated per resolution recorded August 21, 2000 in Official Records Book 19247, Page 4677, Public Records of Miami -Dade County, Florida. ALSO TOGETHER WITH the South 1h of the adjacent portion of vacated N.E. 206th Street on North, and a portion of a 10.00 foot alley, as vacated and abandoned by that certain Resolution recorded November 14, 2006 in Official Records Book 25093, Page 478, Public Records Miami -Dade County, Florida.