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01-07-2014City Commission City Manager Susan Gottlieb, Mayor The City ®f Erie M. Soroka, JCMA -CM Cites G7 Enbar Cohen Teresa M. M. Soroka, MMC Teri Holzberg Billy Joel CitvAttorney Michael Stern W Weiss Serota Helfrnan Howard Weinberg Pastoriza Cole & Boniske Luz Urbaez Weinberg JAUARY7,1614PM Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions /Emergency Additions 4. SPECIAL PRESENTATIONS: Employee Service Awards 5. CONSENT AGENDA: Matters included under the Consent Agenda are self - explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: November 5, 2013 Commission Meeting November 14, 2013 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR BID NO. 13- 04- 05 -02, BY AND BETWEEN THE CITY AND HORSEPOWER ELECTRIC, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. January 7, 2014 D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $186,000 FOR WEAPONS, FLEET EQUIPMENT AND SECURITY EQUIPMENT FROM THE POLICE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. 6. ZONING HEARINGS: QUASI- JUDICIAL PUBLIC HEARINGS — Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross - examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 143(f)(3)b. OF THE CITY CODE TO ALLOW A BUILDING THAT CREATES A SHADOW ON ADJACENT PROPERTY, AND VARIANCE FROM SECTION 31- 172(c) OF THE CITY CODE TO ALLOW DRIVEWAY SEPARATIONS OF LESS THAN 150 FEET OF LANDSCAPED FRONTAGE, AND VARIANCE FROM SECTON 31- 221(i)(2) OF THE CITY CODE TO ALLOW A 0' WIDE PERIMETER LANDSCAPE BUFFER ON THE NORTH PROPERTY LIMIT, AND GRANTING APPROVAL TO MODIFY THE DECLARATION OF RESTRICTIONS IN LIEU OF UNITY OF TITLE TO ALLOW A MAXIMUM BUILDING HEIGHT OF 24 STORIES OR 241 FEET 7 INCHES, ALL FOR A PROPOSED 205 UNIT CONDOMINIUM BUILDING AT THE NORTHWEST CORNER OF NE 28 COURT AND NE 185 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING— PUBLIC INPUT: 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 January 7, 2014 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. 8. ORDINANCES — SECOND READING — PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2012/2013 FISCAL YEAR BY REVISING THE 2012/2013 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT 3 January 7, 2014 FUTURE MEETINGS COMMISSION WORKSHOP JANUARY 16, 2014 9 AM EXEC. CONFERENCE RM COMMISSION MEETING FEBRUARY 4, 2014 6 PM COMMISSION CHAMBER COMMISSION WORKSHOP FEBRUARY 20, 2014 9 AM EXEC. CONFERENCE RM This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305- 466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305- 466 -8901. 4 i MINUTES CITY COMMISSION NOVEMBER 5, 2013 6 p.m. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6 p.m. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel, Howard Weinberg, Vice Mayor Michael Stern, Mayor Susan Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. Commissioner Luz Urbaez Weinberg was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led during previous LPA hearing. 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. Items 8 B and C taken at this time: Mr. Wolpin explained 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. 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. A motion to continue item 8B to the January 7, 2014 meeting was offered by Commissioner Joel, seconded by Commissioner Cohen and unanimously passed by roll call vote. A motion to continue item 8C to the January 7, 2014 meeting was offered by Commissioner Howard Weinberg, seconded by Vice Mayor Stern and unanimously passed by roll call vote. 4. ELECTION OF VICE MAYOR: After motion offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed, Commissioner Howard Weinberg was elected Vice Mayor for the next 6 -month period. 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Cohen, passed unanimously by roll call vote and the following action was taken: A. The following minutes were approved: October 1, 2013 Commission Meeting October 17, 2013 Workshop Meeting B. Resolution No. 2013 -48 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI -DADE COUNTY; TO APPLY FOR, RECEIVE, AND EXPEND $3,948 IN FEDERAL FUNDS FOR THE SCHOOL RESOURCE OFFICER PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2013 -49 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO CHANGE ORDER NUMBER 4 FOR THE AVENTURA GOVERNMENT CENTER PARKING EXPANSION BY AND BETWEEN THE CITY AND MUNILLA CONSTRUCTION MANAGEMENT, LLC; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. 2 D. Resolution No. 2013 -50 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. Resolution No. 2013 -51 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. Resolution No. 2013 -52 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, EXPRESSING SUPPORT FOR THE WATER AND LAND CONSERVATION AMENDMENT WHICH WOULD DEDICATE FUNDS TO ACQUIRE AND RESTORE FLORIDA CONSERVATION AND RECREATION LANDS; AND PROVIDING AN EFFECTIVE DATE. G. Resolution No. 2013 -53 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ARTS IN PUBLIC PLACES ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. H. Resolution No. 2013 -54 was adopted as follows: 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF MIAMI FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. I. Resolution No. 2013 -55 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES TO PROVIDE LIFELONG LEARNING PROGRAMS TO AVENTURA RESIDENTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. J. Resolution No. 2013 -56 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD OF THE AVENTURA CITY OF EXCELLENCE SCHOOL, CONFIRMING THE UTILIZATION OF THE MIAMI -DADE COUNTY SCHOOL BOARD'S EVALUATION SYSTEM FOR INSTRUCTIONAL AND ADMINISTRATIVE PERSONNEL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 7. ZONING HEARINGS: QUASI - JUDICIAL PUBLIC HEARINGS — Please be advised that the following items on the Commission's agenda are quasi - judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross - examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi - judicial procedures may be obtained from the Clerk. None. 8. ORDINANCES: FIRST READING — PUBLIC INPUT: 4 A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2012/2013 FISCAL YEAR BY REVISING THE 2012/2013 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. Items 413 and 4C were addressed previously after item 3 above. 9. ORDINANCES: SECOND READING /PUBLIC HEARING: None. 10. RESOLUTIONS — PUBLIC HEARING: None. 11. REPORTS: As presented. 12. PUBLIC COMMENTS: Peter Murphy, Aventura Marina; Lisl Gershon, Peninsula; Deanna Remaly, 3330 NE 190 Street; Ron Kettles, 7000 Island Blvd.; Bob Burroughs; and Krop Senior High School student Trevor Nesse. 13. OTHER BUSINESS: None. 14.ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:32 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. i'� x lft MINUTES CITY COMMISSION WORKSHOP MEETING November 14, 2013 9 am Aventura Government Center 19200 W. Country Club Drive Aventura. Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order at 9 a.m. by Mayor Susan Gottlieb. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Howard Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. (Item 2 was heard first) 1. FARMERS MARKET PROPOSAL: (City Manager) Mr. Soroka advised the Commission of the interest for a farmer's market by the Community Services Advisory Board. The City was approached by Green Market Events to provide a farmer's market at Founder's Park South CITY MANAGER SUMMARY: It was the consensus to proceed as outlined in the City Manager's memorandum dated November 6, 2013. 2. EVALUATION AND APPRAISAL REPORT NOTIFICATION: (City Manager) Community Development Department Director Joanne Carr advised the Commission that it is necessary to notify the state if the City will be making any changes to its Comprehensive Plan as a part of its review every seven years. Ms. Carr outlined administrative updates and text amendments that would be included in the review, as well as any others deemed necessary. Notification of pending changes must be submitted to the state by January 1, 2014. The review and update will be completed by January 2015. CITY MANAGER SUMMARY: Consensus to proceed with notification to state of pending amendments. 3. 2014 MEETING SCHEDULE: (City Manager) Mr. Soroka distributed a tentative schedule of Commission and Workshop meetings for 2014. CITY MANAGER SUMMARY: Consensus to approve. 4. ANNUAL SELECTION OF REPRESENTATIVE TO THE MIAMI -DADE COUNTY LEAGUE OF CITIES: (City Manager) CITY MANAGER SUMMARY: Consensus that Commissioner Luz Weinberg continue as the City's representative. 5. ADJOURNMENT: There being no further business to come before the Commission at this time, the meeting adjourned at 9:25 a.m. 6. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City a ger DATE: November 18, 2013 SUBJECT: Resolution Declaring Equipment lus January 7, 2014 Commission Meeting Agenda Item -Z RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2 -258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS /act Attachment RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000 -09 provides that all City -owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade -in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Howard Weinberg Mayor Susan Gottlieb Resolution No. 2014 - Page 2 PASSED AND ADOPTED this 7th day of January, 2014. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka Ci Manager FROM'-.-1- R ven Steinberg, Chief of Police DATE: 18 November 2013 SUBJECT: Surplus Property 1 would like to have the attached listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: Request the attached radio equipment be surplused by the Commission. This equipment is over 7 years old and part of our old EDACS radio system. This equipment is not compatible with our new radio system. 4* r TO: Commander Fogelgrei FROM: Captain Labombar SUBJECT: Request for Su Date: November 15, 2013 CITY OF "ENTURA POLICE DEPARTMENT MEMORANDUM Commander please request the following equipment to be declared surplus property so that it can be sold or otherwise discarded and removed from City inventory. 1) Communications System Cabinet and Pro Voice Components. 2) Communications System Cabinet — Empty SCAT Rack. CITY OF AVENTURA POLICE DEPARTMENT INTER OFFJO MEMORANDUM TO: Eric M. Of DATE: 13 December 2013 SUBJECT: Surplus Property I would like to have the attached listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: 2007 2D4GV47V67H845310 Dodge Magnum 2007 2D4GV47V87H845311 Dodge Magnum 2007 2D4GV47VX7H845309 Dodge Magnum 2008 2FAFP71 V58X140735 Ford Crown Victoria CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT TO: Eric M. Soroka, City age FROM: Karen J. Lanke, In r ation ethnology Director DATE: December 17, 2013 SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached spreadsheet be declared surplus property as the equipment no longer meets the needs of the City. Please let me know if you have any questions regarding this request. Attachment City of Aventura Computer Equipment Inventory Exhibit A Asset Tag Brand Model Qty Serial Number T e APC Back -UPS 650 1 pb0231223740 UPS APC Back -UPS 800 1 3bO928x28449 UPS APC Back -UPS 800 1 5bO75OuO9686 UPS APC Back -UPS 800 1 3bO928x28445 UPS APC Back -ULS 500 1 PR0441133546 UPS APC LS 500 1 PB0346122590 UPS APC S 700 1 3bO95Ox36532 UPS APC S 700 MW 1 3b1032x52729 UPS APC RS 700 1 3b0945xO5639 UPS APC rm2u 1 as0740321938 UPS APC rm2u 1 as1008242455 UPS Dell 170Tt 1 cn0 4299716185ckcc71 Monitor Dell 1704FPTt 1 cn0 42997161855ibkll Monitor Dell 1707FPf 1 cnOcj1677287266e1t5u Monitor Dell 1707FPt 1 cnOy 6137161867sadc8 Monitor Dell 1707FPt 1 cn0y 6137161867sacae Monitor Dell 1707FPt 1 cnOyg6l37161867sacwf Monitor Dell 1707FPt 1 cnOyg6137161867sacut Monitor Dell 1707FPt 1 cnOyg6137161867sacvt Monitor Dell 1707FPt 1 cnOy 6137161867sacw3 Monitor Dell 1707FPt 1 cn0yg6137161867sadcd Monitor Dell 1707FPt 1 cn0yg6137161867sacwb Monitor Dell 1708FPt 1 cn0 t7807161878eb136 Monitor Dell 1708FPt 1 cnOgt7807161878ebO22 Monitor Dell 1708FPt 1 cnOyg6137161867sacw6 Monitor Dell 1708FPt 1 cnOgt7807161878ebO16 Monitor Dell 1708FPt 1 cn0 t7807161878ebO39 Monitor Dell 1708FPt 1 cn0 t7807161878eb001 Monitor Dell 1708FPt 1 cnOgt7807161878ebO11 Monitor Dell 1708FPt 1 cn0 t7807161878ebl35 Monitor Dell 1708FPt 1 cn0 t7807161878ebO72 Monitor Dell 1708FPt 1 cn0 7807161878ebl78 Monitor Dell 1708FPt 1 cnOgt7807161878ebO56 Monitor Dell All -In -One Stands 19 Dell D630 1 HCONGHI Laptop Dell E6400 1 43 L6W K1 Laptop Dell E6410 1 7xp4sm 1 Laptop 2716 Dell GX620 1 JCICNBI Desktop 2738 Dell GX620 1 71pdnbl Desktop Dell Optiplex 755 1 DYDRXFI Desktop Dell Optiplex 755 1 d5ttchl Desktop Dell Optiplex 755 I 1 4klm h1 Desktop Dell 0 ti Iex 760 1 7rv4wkl Deskto Dell Optiplex 760 1 lth5wkl Desktop Dell O tiplex 760 1 3th5wkl Desktop Dell Opti Iex 760 1 3226wkl Desktop Dell Optiplex 760 1 1226wkl Desktop Dell Optiplex 760 1 7t k1 Desktop 2806 Dell PowerEd a 1950 1 4lg6wbl Server Dell PowerEd a 1950 1 4vcgwbl Server HP Office jet 75Ter 1 m 231310tx Printer Inter -tel Standard Digital Terminal 1 OU800024GPU Phone Po 1 U Y301 AO422 U PS Son Sony Camcorder Camcorder Case 1 Verizon Car Char er 1 Zebra RW 420 1 )o(rc08415417 Printer Page 7 of 1 10/23/2013 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM BY: Antonio F. Tomei, Capital DATE: November 20, 2013 Ci ana er Prod cts M nager� SUBJECT: Bid No: 13 -04 -05-02 — Biscayne Boulevard Street Lighting Improvements Phase 111 - Change Order 1 January 7, 2014 City Commission Meeting Agenda Item 5,0, Recommendation It is recommended that the City Commission adopt the attached Resolution approving Change Order Number 1 for Biscayne Boulevard Street Lighting Improvements Phase III project to Horsepower Electric, Inc. for the price of $879,719.75. This change order will allow construction of the Phase IV Street Lighting Improvements as an extension of the Phase III Street Lighting Improvements. This change order and Phase IV construction costs will be funded by Budget Line Item Number 001 - 8050 - 541 -6307 ($1,000,000). Background The Phase III contractor, Horsepower Electric, Inc. provided the lowest unit costs to construct Phase III out of the four (4) contractors that provided a bid. To avoid the possibility of higher unit costs being provided if Phase IV was advertised for bids, City Staff and the City's Engineering Consultant recommend that a change order be granted to the Phase III contractor to construct Phase IV. In addition to guaranteeing unit costs will remain the same, the City will save significant time by bypassing the bidding process. In addition, construction of Phase IV can commence without a delay between Phase III construction and Phase IV construction. Recommendation correspondence from the City's Engineering Consultant is attached. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR BID NO. 13- 04- 05 -02, BY AND BETWEEN THE CITY AND HORSEPOWER ELECTRIC, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Program indicates construction of Phase III of the Biscayne Boulevard Decorative Street Lighting Upgrades for FY 2012/13; and WHEREAS, staff has determined that Phase III contractor, Horsepower Electric, Inc. has provided the lowest possible construction cost to construct Phase III of the Biscayne Boulevard Decorative Street Lighting Upgrades; and WHEREAS, the City Commission, upon recommendation of the City Manager, is therefore desirous of approving said change order to said Phase III contractor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That the City Manager is hereby authorized to execute and otherwise enter into the Change Order for Bid No. 13- 04- 05 -02, Biscayne Boulevard Decorative Street Lighting Improvements Phase III, by and between the City and Horsepower Electric, Inc., attached hereto and incorporated herein as specifically as if set forth at length herein. Said Change Order amount is $879,719.75. Section 2: That the City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3: That this Resolution shall become effective immediately upon its adoption. who The foregoing Resolution was offered by Commissioner , moved its adoption. The 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 Luz Urbaez Weinberg Vice Mayor Howard Weinberg Mayor Susan Gottlieb Resolution No. 2014 - Page 2 PASSED AND ADOPTED this 7th day of January, 2014. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY h CONTRACT NUMBER: 13- 04 -05 -02 DATE: November 20, 2013 CITY OF AVENTURA CHANGE ORDER FORM CHANGE ORDER NO. 1 PROJECT TITLE: Biscayne Boulevard Decorative Lighting Upgrades Phase III PROJECT CONTRACTOR: Horsepower Electric, Inc. COST: $879,719.75 BUDGET LINE ITEM: 001 -8050 -541 -6307 DESCRIPTION OF CHANGES: Addition of construction costs to construct Phase IV of the Biscayne Street Lighting Upgrades project through extension of the Phase III Biscayne Street Lighting Upgrades project. Original Contract: $ 489,489.00 Total Previous Change Orders: 0 This Change Order: $ 879,719.75 Revised Contract Amount: $1,369,208.75 Total Change Orders to Date: 0 Contract Amount Before This Change: $489,489.00 Total Change in Contract Period: 90 Calendar Days The sum of $879,719.75 is hereby added to the Contract price, and the total adjusted Contract price to date is $1,369,208.75. The time provided for completion of the project will increase by 90 calendar days. This document shall become an amendment to the Contract and all provisions of the Contract will apply thereto. Recommended by Consultant Date Recommended by Jro�a- 11-2o-13 Capital Projects Manager Date Recommended for Budgetary Purposes: Finance Support Services Director Date Approved by Accepted by City Manager Date Contractor Date MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES, INC. Date: November 6, 2013 To: Antonio Tomei, City of Aventura — Capital Projects Manager From: Adolfo A. Gonzalez, PE, LEED AP, Consulting Engineer AAG Reference: Biscayne Boulevard Street Lighting Phase IV Change Order Review At your request, we have reviewed the contractor's quote related to the addition of Phase IV to the current Phase III agreement. Please see the enclosed tabulation for a comparison of the pre - construction cost opinion, the contractor's Phase III bid and the contractor's Phase IV quote. Horsepower Electric's quote is 9% lower than our final pre- construction opinion of probable construction cost. Their unit prices are the same as the prices they quoted for the Phase III bid and their general conditions, mobilization, and maintenance of traffic values as a percentage of the total cost are consistent with their Phase III values. Based on our review of the quote and previous experience, we recommend executing a change order in the amount of $879,719.75 with Horsepower Electric, Inc. for the Phase IV lighting work as an extension of the Phase III project. If you have any questions or require any additional information, please call. Enclosure: Cost Comparison Table rt 0! VF co V �O V Fi t0 V Ul Z V ~' V FA V V -1 1-� V m F cn vn F, cn F, cn F cn cn Ln w V U'1 00 U, N , F. F� F� , .01. w N F -� O. 3 N ' O N F- F� F - ' O LO m n X-0 f* ) r) r) D GO(l ) X , < - O 0 O O O O 7 O m D O m rr S Q A Q Q O_ m 7 on (A C C nO C rt X O -u O UU S m = O O m '-� ) O —_ a0 'Sr a= n O O O H a O OC O -t m T SZ° T SZ° -a m m rr z O m O rr a m �+ m p N m O m oN 0 m 3 -0 o m o O m3 F 00 r m + n< 0 3 3 S x= 3 =. 3 O a n o c 'a m rt 3 O_ m O o < m � N Z N X m N - 3 m rt T QO -n go T 90 m— — N m w to — CL QO O_ — m m rr O F' U1 01 N N N (n F-' N F-+ w co w co F F, F' ►-� , f O O O 00 fu m N N v d rr C N P. Ui N t/� i/F Ln N 0 �D �D n 7 rF.F O 00 O W t y a v O O W W O O p O 0 O O p 0 n u O P O o 9 O p O O 0 0 O p 0 p 0 p p w w w w p O A m m Ln w O coo V 00 w � O :D :D (n N O j co p0 F� F, O O l00 O '+ O O p 0 0 0 In O O O O w w 00 C. O O O p o 0 0 0 O 0 O w w 0 lOD O R N A m C Q. r+ m m r+ VQ QrQ rF N !2- CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City DATE: December 17, 2013 SUBJECT: Disbursement of Police Forfeiture January 7, 2014 City Commission Meeting Agenda Item 5-b RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $186,000 for weapons, fleet equipment and security equipment from the Police Forfeiture Funds in accordance with the City Manager's memorandum." If you have any questions, please feel free to contact me. EMS /act Attachment CCO1828 -13 TO: FROM: DATE: CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE Eric M. Soroka, City Ch 17 December 2013 SUBJECT: Use of Forfeiture Funds The Federal Equitable Sharing Agreement (FESA), Section VIII allows for the use of federally forfeited funds for law enforcement. Section IX, A9 of the Federal Equitable Sharing agreement requires that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: Carbines and accessories $110,000 Fleet equipment $11,000 Secure access to police garage $29,000 Security cameras - $36,000 Total Expenditure Request: $186,000 Summary Carbines and accessories -- Each swom officer is offered the ability to carry a semi -auto carbine as part of their duty gear. The agency began this practice in 2007 with an initial purchase of 50 carbines. Due to changes in tactics, technology and active shooter type events I am asking the Commission to approve the purchase of new carbines and related accessories. This purchase will equip our officers with updated equipment as well as ammo for re- training; the old carbines will be requested to be surplused so that they may be sold to offset the cost of the purchase of the new carbines. The below requests are a continuation of the secured parking facility project for police vehicles and equipment, and crime scene build out, as initially approved some months ago. Fleet Equipment — The purchase of this equipment will allow our fleet personnel to do limited work on our police vehicles to keep them running and additionally reduce vehicles costs as vehicles will not have to be taken to the dealer for some minor service work. It will also keep our fleet personnel from having to leave the work site to run vehicles back and forth for repairs to off -site locations. Secured access gates to police garage — Access to the secured police garage is controlled by 3 large roll up doors. These entry/exit points need to be tied into the existing Stanley security system for purposes of accountability and control as who to enters/exits the garage. Security cameras — As a security measure cameras need to be added to the PD garage (1t Floor only) and the new crime scene property room extension. Both of these projects were approved months ago and these items are required to complete the security aspects of each location. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICM City Manager rl. BY: Joanne Carr, AICP W6 Community Development Director DATE: December 18, 2013 SUBJECT: I. Request of Chateau Aventura LLC for property located at NE 28 Court and NE 185 Street for: (1) Variance from Section 31- 143(f)(3)b. to allow a building height that creates a shadow on adjacent property; and (2) Variance from Section 31- 172(c) to allow driveway separations of less than 150 feet of landscaped frontage on NE 28 Court at NE 185 Street, Aventura; and (3) Variance from Section 31- 221(1)(2) for reduced perimeter landscape buffer (05- VAR -13), and, II. Request to Modify Declaration of Restrictions in Lieu of Unity of Title to allow a maximum building height of 24 stories or 241 feet 7 inches (01- MRC-13) January 7, 2014 City Commission Meeting Agenda Item I. VARIANCE APPROVAL REQUESTS RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the request for variance from Section 31- 143(f)(3)b. to allow a building height that creates a shadow on adjacent property; 2. Approve the request for variance from Section 31- 172(c) to allow driveway separations of less than 150 feet of landscaped frontage; and 3. Approve the request for variance from Section 31- 221(1)(2) to allow a 0' wide perimeter landscape buffer along the loading spaces on the north limit of the property 4. upon the following conditions: (i) Plans submitted for building permits shall substantially comply with the plans submitted with this application for variance, and (ii) The applicant shall obtain a building permit within twelve (12) months of the date of the Resolution, failing which this approval shall be null and void, unless the applicant requests an extension of time within the original approval period. An extension of this approval, for a period of up to six months, may be granted by the City Commission upon showing of good cause, and (iii) Any expansion to an approved variance and any addition to or expansion of an existing variance shall require the same application, review and approval as required under Section 31 -76 of the City Code for the original approval of variance, and (iv) This approval is granted exclusively to Chateau Aventura, LLC. THE REQUESTS The applicant, Chateau Aventura, LLC, is requesting the following variance approvals. The applicant's Letter of Intent is attached as Exhibit #1. 1. Variance from Section 31- 143(f)(3)b. of the City Code to allow a building height that creates a shadow on adjacent property; where the Code requires that all buildings exceeding 100 feet in height shall be situated such that the shadow created by the sun at 12:00 noon on December 21 will not fall on any adjacent property except for public road rights -of -way; and 2. Variance from Section 31- 172(c) of the City Code to allow driveway separations of 82 feet 10 inches on NE 185 Street and 25 feet on NE 28 Court; where a minimum separation of 150 feet of landscaped frontage is required by Code; and 3. Variance from Section 31- 221(i)(2) of the City Code to allow a 0 foot wide perimeter landscape buffer along the loading spaces on the north limit of the property, where a minimum 7 foot wide perimeter landscape buffer is required by Code. all for property located at the northwest corner of NE 28 Court at NE 185 Street, Aventura. BACKGROUND OWNER OF PROPERTY: Chateau Aventura LLC NAME OF APPLICANT Chateau Aventura LLC LOCATION OF PROPERTY NE 28 Court at NE 185 Street Location Map attached as Exhibit #2 LEGAL DESCRIPTION Tract A, Merco at Aventura, according to the plat thereof recorded in Plat Book 166, Page 58 of the Public Records of Miami Dade County, Florida, City of Aventura SIZE OF PROPERTY Approximately 2.67 acres HISTORY The site is part of a development approved in 2003. Administrative Site Plan Approval was granted after City Commission approval of a comprehensive plan amendment, zoning amendment, variances and abandonment of right of way through Ordinances Nos. 2003 -09 and 2003 -10 and through Resolutions Nos. 2003 -64 and 2003 -65. The overall development parcel was 9.02 acres in size and located at NE 28 Court and NE 185 Street. The developer constructed the extension of NE 185 Street from NE 27 Avenue to NE 28 Court, which road extension and subsequent plat, bisected its property into one northerly parcel and two southerly parcels. The three parcels were referred to in the original approval as the "townhouse parcel' with 62, 3 story, 35 foot tall townhomes, the "loft parcel' with a 138 unit, 13 story, 206 foot 10 inch tall condominium building and the "condo parcel' with a 205, 18 story, 286 foot 6 inch tall condominium building. The height of the "condo parcel' was subsequently amended to 19 stories and 186 feet 6 inches through modification of the Development Agreement and Modification of the Declaration of Restrictions in Lieu of Unity of Title approved in 2004. The townhouse parcel is now fully developed and the loft parcel is currently under construction by the Lubavitch synagogue. The parcel which is subject of this report is the "condo parcel" at the northwest corner of NE 28 Court and NE 185 Street. As part of the original development, the owner entered into a Development Agreement with the City to confirm the terms of road design, construction schedule and required dedication to the City after completion. The Development Agreement also specified the approved development on each parcel. The road work was completed and the road was dedicated to the City as agreed. This Development Agreement has expired and is no longer in effect. Also as part of the original development, the owner entered into a Declaration of Restrictions in Lieu of Unity of Title that bound the site as one parcel while allowing conveyance of portions of the property, provided a density limit of 45 dwelling units per acre, limited the height of each building on the parcels, prohibited conversion of townhome garages into living space and provided that each parcel be developed in accordance with the approved plans. A modification to this Declaration was approved 3 through Ordinance No. 2004 -17 to allow a height of 19 stories or 186 feet 6 inches for the northerly condo parcel. This Declaration is still in effect. DESCRIPTION OF THE PROJECT The applicant has submitted a site plan for residential development of the northerly "condo parcel" and the plan is currently under review by City staff. The proposal is a 205 unit condominium building that is 24 stories or 241 feet 7 inches high. The site plan submission package is attached to this report. In order to develop the plan as proposed, the applicant is requesting approval of variances to the City Code and is also requesting a modification to the Declaration of Restrictions in Lieu of Unity of Title to revise the height of the building from 19 stories or 186 feet 6 inches as approved in 2004 to allow a maximum height of 24 stories or 241 feet 7 inches and to reflect the new site development plans. ANALYSIS Future Land Use Designation Subject Property: Medium High Density Residential Properties to the North: Business and Office Properties to the South: Medium High Density Residential 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: Existing Land Use RMF4, Multifamily High Density Residential District B2, Community Business District RMF4, Multifamily High Density Residential District RMF3, Multi - Family Medium Density Residential District B2, Community Business District Subject property: vacant Properties to the North: commercial Properties to the South: residential Properties to the East: residential Properties to the West: commercial ANALYSIS 4 Consistency with Comprehensive Master Plan - The requests are consistent with the City of Aventura Comprehensive Plan. The future land use designation of this parcel is Medium -High Density Residential. Citizen Comments — As of the date of this staff report, the Community Development Department has received no written citizen comments. Community Development Department Analysis — The applicant proposes a residential development consisting of 205 condominium units on the vacant parcel of land at the northwest corner of NE 185 Street and NE 28 Court, known as the "condo parcel" in the previous site plan approval for the Terzetto development. The proposed site plan modifies the 2003 and 2004 approvals. The number of units remains the same as the original approval. Building design, configuration and height have changed. In order to construct the plan as submitted, the applicant requires approval by the City Commission of a variance to the sun shadow requirement, driveway separation and perimeter landscape buffer. The proposed increase in height requires a modification to the Declaration of Restrictions in Lieu of Unity of Title and is discussed in Section II. of this staff report. I. Application for Variance Approval The guidelines for approval of variances as required by Section 31 -76(e) of the City's Land Development Regulation states: Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. Request #1: Variance from Section 31- 143(f)(3)b. of the City Code to allow a building height that creates a shadow on adjacent property, where the Code provides that each buildina or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 dearees) will not fall on any adjacent property except for public road riahts of way. The RMF4 zone requires that a shadow study be submitted for each building exceeding 100 feet high to ensure that its shadow does not fall on adjacent property. The purpose of this requirement is to ensure that new residential buildings do not cast a shadow on existing residential buildings. The shadow is measured, as specified by City Code, on December 21 at 12:00 noon, that being the day and time of the longest shadow. The shadow study for the proposed condominium building shows that a shadow will fall on the existing one -story retail plaza to the north. The applicant has advised that it will provide a letter, at the public hearing, from the owner of the retail plaza to the north stating that it has no objection to the sun shadow on its land. The applicant states that the hardship arises from the irregularly shaped parcel created by the alignment of the NE 185 Street extension road and the previous dedication of that land for road purposes. The conditions upon which the request for variance is based are unique to this parcel. The alleged hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed development will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity. While each variance request is of a unique and independent nature, the following is provided for Commission's information. The previously approved site plan for this parcel was granted variance approval in 2003 for sun shadow falling on this same adjacent private property. Request #2: Variance from Section 31- 172(c) of the City Code to allow driveway separations of 82'10" on NE 185 Street (Miami Gardens Drive extension) and 25 feet on NE 28 Court, where a minimum separation of 150 feet of landscaped frontage is required by Code. The plan as submitted shows the entrance and exit to the north condominium building on NE 185 Street lying 82'10" east of the previously approved driveway to the Aloft hotel parcel to the west. It also shows an entrance drive to the building entrance, valet parking and parking garage on NE 28 Court lying 25 feet south of the existing driveway to the parking area for the Aventura Plaza. The City's Traffic Consultant has reviewed 9 these separations and advises that both separations would operate in a safe manner with appropriate signage and pavement markings. The applicant states that the hardship arises from the fact that the City's Land Development Regulations arises from the irregularly shaped parcel created by the alignment of the NE 185 Street extension road and the previous dedication of that land for road purposes. The conditions upon which the request for variance is based are unique to this parcel. The alleged hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. Based on consultation with the City's Traffic Consultant, staff believes that the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed development will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity. While each variance request is of a unique and independent nature, the following is provided for Commission's information. The previously approved site plan for this parcel was granted variance approval in 2003 to permit driveway separation of 25 feet on NE 28 Court and to permit driveway separation of 95 feet on NE 185 Street. Request #3: Variance from Section 31- 221(1)(2) of the City Code to permit a 0' perimeter landscape buffer for approximately 120 feet along the north property limit abutting existing commercial property, where a minimum 7' perimeter landscape buffer is required by Code. The plan as submitted shows three loading spaces at the northeast property limit abutting the retail plaza property. The City Code requires a minimum 7' wide landscaped buffer along all vehicular use areas. The plan as submitted shows the loading spaces immediately adjacent to the property to the north, with a six foot high privacy wall separating the two lots. The loading spaces occupy the easterly 120 feet of the north limit. The remaining 310 feet along the north property limit has a 25 foot landscape buffer. The applicant states that the hardship arises from the irregularly shaped parcel created by the alignment of the NE 185 Street extension road and the previous dedication of that land for road purposes. The conditions upon which the request for variance is based are unique to this parcel. The alleged hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. Based on consultation with the City's Traffic Consultant, staff believes that the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed development will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity. 7 II Application to Modify Declaration of Restrictions in Lieu of Unity of Title As part of the original development approval through Ordinance No. 2003 -10, a Declaration of Restrictions in Lieu of Unity of Title was recorded to provide that the three parcels, approved for development in 2003, would be developed in accordance with the approved site plans. The height of the building subject of this staff report was approved at 18 stories or 186 feet 6 inches. A revision to the Declaration was approved through Ordinance No. 2004 -17 to allow a maximum height of 19 story, 186 feet 6 inches. The current owner has applied to modify the Declaration to allow an increase in the previously approved maximum height from 19 stories, 186 feet 6 inches to a maximum height 24 stories, 241 feet 7 inches and to reflect the new site development plans. In accordance with City Commission's instruction after discussion at the July 17, 2013 City Commission workshop meeting, the Modification to Declaration of Restrictions in Lieu of Unity of Title, marked as Exhibit #3, is attached for approval. This modification will allow a maximum height of 24 stories or 241 feet, 7 inches for the proposed condominium building and lists the new site plans. The amended Declaration provides, as discussed at the City Commission workshop, that this modification approval is granted exclusively to Chateau Aventura LLC. 9 BGRCOW RADGLL & FERNAN DEZ ZONING, LANG? USE ANEW ENVIRONMENTAL LAW Direct: 305 - 377 -6238 E -Mail: mmarrero(ftrzoninglaw.com VIA HAND DELIVERY Exhibit #1 December 16, 2013 05- VAR -13 8101- MRC -13 Joanne Carr, Director Community Development Department City of Aventura 19200 West Country Club Drive Aventura, FL 33180 RE: Puerto Aventura - Variance Application Dear Joanne: This law firm represents Chateau Aventura, LLC (the "Applicant ") with respect to the property described in Exhibit A (the "Property "). The Applicant is requesting several variances required for the development of the Property. This letter shall serve as the Applicant's initial letter of intent in support of the Application. The Property is approximately 2.67 acres in size and is located at the NW corner of NE 185th Street (Miami Gardens Drive) and NE 28th Court. The proposed site plan is consistent with the Medium High Density Residential land use designation and the RMF-4 zoning district, as it does not exceed 45 dwelling units to the acre. Background. In 2003, the prior owner of the Property obtained various development approvals relating to the Property, including an application to amend the City's Comprehensive Plan, an application for rezoning, an application for site plan approval, an application for various variances required to develop the project, and an application to close a portion of N.E. 28 Court. In addition, the Owner entered into a Development Agreement with the City and proffered a Declaration of Restrictions in Lieu of Unity of Title requiring the Property to be developed in accordance with the site plan entitled, " Aventura Landings," prepared by Mouriz /Salazar Architects dated last revised on June 13, 2003, as supplemented by Sheets SP -1 and SP -1A signed and sealed on August 21, 2003 ( "Site Plan "). See City Ordinance No. 2003 -10. The Site Plan illustrates SOUTHEAST FINANCWL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINQLAW.COM Joanne Carr, Director December 16, 2013 Page 2 the development for the Property, which consisted of three product types, namely, the Condominium, the Lofts, and the Villas. The Site Plan was approved by the City Manager through the administrative site plan approval process in Section 31 -79 of the City Code, as provided in the Declaration of Restrictions in Lieu of Unity of Title. The instant application is only for the Condominium portion of the development. In 2004, the Owner revised the Site Plan, which required modifications to the previous approvals granted through Ordinance 2003 -10 and Resolution 2003 -64 (Development Agreement, Declaration of Restrictions in Lieu of Unity of Title, and variances). The City Commission approved these modifications via Ordinance 2004 -17 and Resolution 2004 -52. Subsequent to obtaining the requisite public hearing approvals, the Owner underwent the administrative site plan approval process provided in Section 31 -79 of the City Code, and the City Manager approved the modifications to the Site Plan entitled, "Terzetto Condominiums," "Terzetto Villas," and "Terzetto Lofts III," prepared by Mouriz Salazar, signed and sealed on or around September 17, 2004 (together, "Revised Site Plan "). The Revised Site Plan illustrated the development of the Property and consists of the same three product types originally approved in the Site Plan. A "Modification to Declaration of Restrictions" reflecting the Revised Site Plan approval was recorded in Official Record Book 23016 at Page 2196 of the Public Records of Miami -Dade County, Florida. Current Application. The Applicant has purchased the Condominium portion of the prior project in order to develop its "Puerto Aventura Residences," which would be a modification to the "Terzetto Condominiums" site plan. As you know, the Property only represents a portion of the prior- approved project, so there have been several challenges in attempting to marry the development criteria. The resulting 205 unit, 24 -story Puerto Aventura project will still be within the City's allowable height and density. The project provides many amenities, primarily located on the 6th floor of the building. These include a large pool, a children's pool, a ballroom and a gymnasium. There are also 5 stories of structured parking provided on floors 1 -5. Variance Request. The Applicant requests variances from the City Code to permit reduced driveway separations on NE 28th Court and on NE 185th Street, reduced buffers along the loading spaces, and a waiver of the requirement that no shadow be imposed on a neighboring property. Pursuant to the City's Land Development Regulations, a variance shall be granted only where competent and BGRCOW RADELL & FERNAN DEZ ZONINGI. LANG USE ANO ENVIRONMENTAL LAW Joanne Carr, Director December 16, 2013 Page 3 substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The lot is irregularly shaped and is part of a development originally proposed for two other parcels. As a result, several dimensional challenges exist that can be resolved by the granting of these variances. The variances are not intended to increase the intensity of the project, but simply to address challenges with the site. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. Because of the site's irregular shape and the unique three - parcel development approval that it is a part of, the reasons for the variance are unique to the parcel and would not be generally applicable to other properties within the vicinity. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. The hardship is not economic in any way, as it does not affect the intensity or height of the project. As to the shadow study, the only property owner affected has agreed to waive any objection. The requested variances relate primarily to site difficulties. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of these variances will result in a better designed project and will only improve the welfare of surrounding properties and circulation in the site. BGRCOW RADCLL & F ERNAN DEZ ZONING, LANG USE AND ENVIRONMENTAL LAW Joanne Carr, Director December 16, 2013 Page 4 (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The granting of these variances will not increase congestion in public streets or danger of fire, safety, public welfare or property values. We look forward to your favorable review and comments relative to the site plan. Very truly yours, Michael J. Marrero BGRCOW RADGLL & FERNAN DEZ ZONING. LAND USE ANO ENVIRONMENTAL LAW BROW_ARD COUNTY L- �r DADS COUNTY ' ■�P514'S'/�YTiTY4'�'ASf'�'ir ■ k ream Park YACHT CLUB DR. ` • Par • �� ;• MARINA • ■arcnnuzr HARBOR COVE �■ If�grital CIRCLE �� - WAY (� r <nrcr N1P 1tiER P �■ m J- WATERWAYS OLVDJ Shoppcs 207 ST- ■ Lu w ¢ Q �_ COUNTRY CLUB DR. ' 1 �• The N 205 S T, ■ • Promenade �� ■ Shops ° i ■ IVES DAIRY RD. ;r 203 ST r cv I + • • 201 TER. tip - ■ m �• N Turnberry Isle • ■ 0LJ O m Resort c� Clubs ■ l� w Q • AVENTURA ? / • LI v '2 Fire O O � Rescue Aientura �;', �� a Station Library Z a � a ;r O + .■ Aventura Mall a ` O YACHT + City of Aventura U LVB �� • ;■ Government Center USHMp CS \N\ . \4 J :r 192 ST. L IAM ♦ -:I 192 ST: ;r 191 ST. Q� w ;■ 190 � � MYSTIC a I x ;■ S a r t >ehmann's Fashion LIJ Island J m Subject Property ,♦ N a Z �� MIAMI GARDENS OR. 0 - -- - 33180 • � % a - _---- ,_.— ._._..._._._ --. I 185 ST 3368 � + � Al a 183 ST. [) cmF?undlur� tL Atlantic Ocean r a Little Z y tt'iliiams t %♦ Blsca}rze Nfaule ttl : ti'ound a , :+ Harbour 180 ST :♦ .Lake / t Point n ' Sl t ,t East 1 a hope' rg 2 • ;t laza _ a P INT sr A a ate. r k: S -O aYG.....■7Y.up LEGEND l ♦. Q : hlaule ♦ - _ 'e ♦♦- Roadways `� ♦ - - • ■ City Boundary ♦♦ --. —.— ZIP Code Boundary ♦♦' - Railroad a ♦� y.' Exhibit #2 05- VAR -13 &01- MRC -13 This instrument was prepared by: Name: Michael J. Marrero, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) PARTIAL MODIFICATION TO DECLARATION OF RESTRICTIONS THIS MODIFICATION TO DECLARATION OF RESTRICTIONS ( "Modification ") is entered into the _ day of , 2014, by and between the CITY OF AVENTURA, Florida a municipal corporation, ( "City ") and CHATEAU AVENTURA, LLC. (the "Owner "). RECITALS: A. WHEREAS, the Owner owns the property, consisting of approximately 2.67 gross acres of land (the "Property "), the legal description of which is attached hereto as Exhibit A; and B. WHEREAS, the previous owner obtained development approvals relating to the Property, including an application to amend the City of Aventura Comprehensive Plan, an application for rezoning, an application for site plan approval, an application for various variances required to develop the Project, and an application to close a portion of NE 28th Court (the "Applications "), through the City's Community Development Department; and C. WHEREAS, on August 22, 2003, the previous owner and the City entered into a Declaration of Restrictions in Lieu of Unity of Title (Residential), recorded in the Official Records Book 21678, pages 0547 through 0556 ( "Declaration ");and D. WHEREAS, on November 19, 2004, the previous owner and the City entered into a Modification to Declaration of Restrictions, recorded in the Official Records Book 23016, pages 2196- 2205;and E. WHEREAS, Paragraph 16 of the Modification to the Declaration provides that the maximum roof height of structures within the Condominium Parcel (identified as Tract A in the Site Plan) shall be 19 stories or 186' — 6 ";and F. WHEREAS, accordingly, based on the current plan of development, the Owner and City agree that a modification to Paragraph 16 of the Declaration to permit 24 stories in the Condominium Parcel would be appropriate; and Exhibit #3 05- VAR -13 & 01- MRC -13 DeaaMU a RMECHOW Pace Z (Space reserved for Clerk) G. WHEREAS, Paragraph 10 of the Declaration, provides that the provisions of the Declaration may be released, amended, or modified from time to time by recorded instrument executed by the then owner or owners of all of the Property, with joinders by all mortgagees, if any, provided that the same is also approved by the City Commission of the City of Aventura, after public hearing;_and H. WHEREAS, January 7, 2014, the City Commission of the City of Aventura held a public hearing and adopted Resolution 2014 -XXX, revising the proposed maximum number of stories from 19 stories to 24 stories. NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein, the Owner and City agree as follows: 1. Recitals. The recitals set forth above are incorporated herein and form an integral part of the Modification. 2. Paragraph 16 of the Modification to the Declaration is hereby modified as follows: FROM: The maximum roof height of structures within the Condominium Parcel (identified as Tract A in the site plan) shall be 19 stories or 186' - 6 ". TO: The maximum roof height of structures within the Condominium Parcel (identified as Tract A in the site plan) shall be 24 stories or 241' - 7 ". 3. Paragraph 2 of the Declaration is hereby modified as follows: FROM: [T]he plans entitled: • "Terzetto Condominiums ", Site and Building Area Calculations, Sheet A -1, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Approved Site Plan, Sheet A -2, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 6/13/03. • "Terzetto Condominiums ", Proposed Site Plan, Sheet A -3, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. Decuaauan op Bemcom pie 3 (Space reserved for Clerk) • "Terzetto Condominiums ", Approved Floor Plans, Sheet A -3.1, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Proposed Apartment Building Floor Plans, Sheet A -4, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Proposed Apartment Building Floor Plans, Sheet A -5, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Proposed Apartment Building Floor Plans, Sheet A -6, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Proposed Apartment Building Floor Plans, Sheet A -7, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Approved and Proposed Building Elevations, Sheet A -8, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Approved and Proposed Building Elevations, Sheet A -10, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Approved and Proposed Shadow Study, Sheet A -11, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Approved and Proposed Apartment Building Floor Plans, Sheet A -12, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Approved and Proposed Apartment Building Floor Plans, Sheet A -13, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. TO: [T]he plans entitled: • "Puerto Aventura ", COVER, Sheet A0.00, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. Dmamme a Reswcoons Pau K (Space reserved for Clerk) • "Puerto Aventura ", INDEX, Sheet A0.01, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 09/30/13, signed and sealed 12/12/13. • "Puerto Aventura ", SITE PLAN DATA, Sheet A1.00, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 11/27/13, signed and sealed 12/12/13. • "Puerto Aventura ", SITE CONTEXT MAP, Sheet A1.01, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/15/13, signed and sealed 12/12/13. • "Puerto Aventura ", EXISTING SITE AERIALS, Sheet A1.02, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 09/30/13, signed and sealed 12/12/13. • "Puerto Aventura ", CONSTRUCTION FENCE, Sheet A1.03, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 11/27/13, signed and sealed 12/12/13. • "Puerto Aventura ", FIRE STAGING PLAN, Sheet A1.04, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 11/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", SITE PLAN, Sheet A2.00, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 11/27/13, signed and sealed 12/12/13. • "Puerto Aventura ", SHADOW PLAN, Sheet A2.01, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 06/24/13, signed and sealed 12/12/13. • "Puerto Aventura ", 1ST LEVEL FLOOR PLAN, Sheet A3.01, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 11/27/13, signed and sealed 12/12/13. • "Puerto Aventura ", 2ND LEVEL FLOOR PLAN, Sheet A3.02, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", 3RD & 4TH LEVEL FLOOR PLAN, Sheet A3.03, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", 5TH LEVEL FLOOR PLAN, Sheet A3.04, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", 6TH LEVEL FLOOR PLAN, Sheet A3.05, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. DecUMU a Bes ECROns Pace 5 (Space reserved for Clerk) • "Puerto Aventura ", TYPICAL FLOOR PLAN, Sheet A3.06, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 09/30/13, signed and sealed 12/12/13. • "Puerto Aventura ", PENTHOUSE FLOOR PLAN, Sheet A3.07, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 09/30/13, signed and sealed 12/12/13. • "Puerto Aventura ", ROOF PLAN, Sheet A3.08, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", SOUTH ELEVATION, Sheet A4.00, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 09/30/13, signed and sealed 12/12/13. • "Puerto Aventura ", EAST ELEVATION, Sheet A4.01, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 06/24/13, signed and sealed 12/12/13. • "Puerto Aventura ", WEST ELEVATION, Sheet A4.02, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 09/30/13, signed and sealed 12/12/13. • "Puerto Aventura ", NORTH ELEVATION, Sheet A4.03, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", BUILDING SECTION, Sheet A5.00, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", RENDERING 1, Sheet A6.00, prepared by Kobi Karp Architecture and Interior Design, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", RENDERING 2, Sheet A6.01, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", RENDERING 3, Sheet A6.02, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", RENDERING 4, Sheet A6.03, prepared by Kobi Karp Architecture and Interior Design, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", RENDERING 5, Sheet A6.04, prepared by Kobi Karp Architecture and Interior Design, Inc., signed and sealed 12/12/13. DlCLaSa e a BlSOE cconS Pan 6 (Space reserved for Clerk) 4. It is recognized that the approval for the building height and development described above is granted exclusively to Chateau Aventura, LLC. 5. The terms and conditions of the Declaration, as previously modified, shall remain in full force and effect except as herein further modified. SIGNATURE PAGES TO FOLLOW Decuma op Besmcoons Paee 7 (Space reserved for Clerk) Signed, sealed, executed and acknowledged this day of , 2014. WITNESSES: CHATEAU AVENTURA, LLC Print Name: Print Name: ACCEPTED BY: Attest: Print Name: Title: CITY OF AVENTURA, FLORIDA Teresa Soroka, City Clerk Eric Soroka, City Manager r APPLICANT REPRESENTATIVE AFFIDAVIT Prasuma in Snrlion 31- 71(b)(2XI) of the City of Aventure Land Devotoprnenl Code. tlds Applicant HopresenloUve Affidavit is horeby made and suhm flat The undersigned auuerrzed ropresenlallve o! the indivkki or entity 1111*ng Iv The Development Permit, which is bfenfil'ind in the accompanying apldicatino, and tie amer of The property subt0cl In 1110 application (If difforent) hereby flits and rdnnlifies aM persons reprosoNing The individual or entity applymp &u the Dovefnp+nml perrnil in connoction with the applIcation, as follows Name Relationship (r.e Attorneys, Architects. Landscape Arcnrteds, Engineers. Lonbyisis, Etc! J �.�tZ r cv,h Oil c, 0- r C, I Kz_�: Mo�Yr«�nr> i. AA _ L "'1013ta c� 17 o, ( d\ OL Sheets it Necessary r n -- NOTICE: ANY STATEMENT OR REPRESENTATION OE BY ANY PERSON LISTED ON' HE APPLICANT R11PRESENTATIt7EJAF DAVIT 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 70 SEC, 31- 71(B)(2)DVI 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 COM A T11E INFORMATION PROVIOEO W THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. w ~^ WITNESS MY HAND THIS _ DAY OF „ „ 20¢3 AUTI IC1RIlED f ;i?P E NTATIVCpp1;iCANT Name: �L► �.�I ('l. 'Y Y'r1 f d �t 1 j!'iinl) Title:. , / „ 7 'rd /n ! Address:Ai r_5_ /- SC&yn{ 9W ms'sa 1"i e rr. ,_ f L `_'33 IS l STATE OF FLORIDA } COUNTY Of MIAMI•DADE) tY Name r (PrrntJ Title: r Address: 1 !!�,g kiA1� AI tclr �,(7 Before me the undersigned authority personalty appeared 1=PLOLD:r- '_/�/o as the authorized representative of the Applicant andlor. The owner of the property subject 10 [he application, who being first by om. wear or aMrm that he/she executed INs Affidavit for the purposes slated therein and [hat it is true and correct SWORN TO AND SUBSCRIBED BEFORE ME this I 1 da of _[� AF I - Y 1.� ' �. 2g Non ic SIao f F L&ida At Large— Pria Noi My commission expires, i 1 rzMa 4 r t BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavy is made pursuant to Section 31.7i(b)(2)(ii) of the City of Avenivia Land Development Code Ilia undersignud AlBanf hereby discloses that: (mark with Y app!icab!e Iwrlions only) (r II Affiant this not have a Business Relatuxrshrp with any member or ilia City Comnassiorn or any City Advisory Board to which the application will he presented j 12 Afrmnt hereby disdoses that 1 dt o s have a Business Rolalwnship with a member of pia City Comrnfssai or a City Afvaay Board to vddch the application will be oresenled, as follows (List rime of Comrnissirmer or Advisory Roard Member) vAto serves on the (List City Commission or City Adw;awy Board uprm which member serves) The nnhae of the Business Relalenisltip K as I(Alows I I I Member of City Commission or Board holds an ovrnershio Interest in axcoss of 1% of total assals or caplta! stock of Applicant or Represenlolive, () it Member of City Coavn ssion or Board is a partner, co•shorefrolder jai io shares of a aapofalion which Oro not listed on any national or regional stock exchange) of joint venturer with the Anpacrml or Representative in any business venture; (j is The Applicam or Representative is a Client of a member of the City Commamion or Board or a Client of another piolessbnal working from the same, otfii a or for fire same employer as the member of the City Comnassan a Board, )) iv A City Commissioner or Board member is a Chant of the Applicant or Representative. (IV ThR Applicant or Representatrve ns a (.Yrstorrner•oPlhamomber of-the Cny Camml6alen or Board (or of his erliar_ — °- ampluyer) and Irensaels more Than S 10,000 00 of the Ixisiness of the member of the City Commission or Boatel (or his or her omµroya) in a given calendar year, ( ) vi The member of the City Umrnissbn or Board L9 a Customer of the Applicant or Representative and lransncts more Ilion $25,000.00 of Ilia business of Iho Applicant or Ropresehtalive in o given cnlender, year. WITNESS fAY HAND THIS j i/ DAY OF O(JuLp % 2 P1Onre, �� HAND By Name Tille The. leans 7iusnress RC /arlrrir)Stt Section Z -. ?95 nlille Aveulurn City _. 200_. Cusrrnrrer,` 'Applicant,' W? oresenlauve' Turd Tileresred porsorr• are defined #t WITNESS MY HAND THIS, PDAY OF,.,.. REPR ATIVF (Llslpfi laysipM Relatiotl p Affidavit) By Name MCU1\l,C� %Cie7Nrfl -w1row Name:... Tice' i .✓�•_ !_ t1 d� k ( (/�rinrJ Title: By. _._..__ _ (5i4nalureJ BY, Name Trio: .__.._. .._....- .._.._.... _.. .... .._.... (PirnrJ Title: (PnnrJ By. ._._... _.._. /.5'�rtAlureJ By, _„_- _ -- - - ___...,(Str9twi 1p. Name ......._..._ _ _.fPnnU Name Title: By Title._ - -__ •� —....T •_.__fpririlJ Title :�_.__._._._____._ _..��— (Priitl/ Tille: — _ (Pant) By (Si Tiller_ ..._..... ..... . (Prin1) By Title._.._..._._...____ (Prrnr) Title: (PnnrJ AY Title:. TI(le:. NOTE: 1) Uso duplicate sheets if disclosure information for Raprasentalive varies 2) Applicants and Afflatus are advised to timely Supplement this Affidavit pursuant to Sec; 31.71(b)(2)(iv) or file City's Lend Development Regulations in the City Code, in file event that prior to conaidemtion of the application by the City board or Commission, the in &trtnation provides In lbe Affidavit beccnncs incorrect or incomplete. STATE OF I LORW ) colifiliv OF MIATA•DADE) NQ�J A LOMQMN Delete ne. the Undoftilgoed 811111onty, personally appeared Wkwel executed thm MOW W the purpoqer, 91fliod memo and lijal I( it IrUq and r .",ee,j SWORN TO AND SUBSCRIBED tinforecott inis `!o d I oy of 0 (A- a beil, .............. . . STATE Of FLORIDA COIJI• 01"MIAM-DADF) who b0in9j(,Qbl` Ir!*ly GINDrii, d4jwea( or affirm hat ho"Oe MICHELLE LOPEZ Notary Public • Slate of Florida My Comm. Expires Api '11 2017 Commissloo # FF 007471 I4C,#r1ryPoW,ft81MA 'Ji'FI(Iff At largo 1111, 111 0 NIP W W W-W Nrycommissionexplres zb I -I ...... . ...... ...... .. ........ ........ 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Al"11ANT SWORN TO AN[.) SUMVM]RIF0 holom file. (Ili$ day of ;ro K lv� N b! Notary Public State of rio In Ramos a Mo' Commission & e 04/10/2015 M EE,,221,r4 W 0,0#, Notary Public State of Florida Diana C sion Expires iiii�-�Jwda At go Diana Ramos We, i till My Commission EED82284 Prinlod NamoolNolary Expires My Wrilim'sfon oxPir" • STATF01" I'LORIDA ........ ...... ...... . ............ 601IN'ry Of! MIAMI OAI)Ic) 'Wore Ine. aulliodly, pefilo-Iflay appealf-d the Altar-,I, who baltIq hoo by file duly twxf,, did.l.fear of d(fan, I'KeCuled IN, Affluinvit Vy. fill flutpO7&ji-I ......... . . that halshe ArPIANY SIAWN 1`0 ANI) GMSCRIMI) bpkyo plo Ilds day of., Nolnry lic Slalo 0171orida At Largo Printed Nanio of Notary My conviliggion expires: ............. —.1-11-1.1-1— ........ .... 1-1--l—I ........... ............... STATE Cr VLORIOA (,'CIJNI Y Of 1AAMI-0M.If 0Wole me, Via ufl'jrv6j1jP1'Xj alifflofily, priffiflAtilly appeared 1he Affinni, %-Xiii b(,,Vlq fip,( by olo , (1,11y i PWIted M Affidavit k)( Ific, ;xj!po$oj Shijp(! there, 1�d III I it is . wo, 0. (l (I �Ylo'lr f): rdrrro g)',q he.1"'lle In a 11 Into Arld cch',nd -SWORN 10 AND �WVX;RIBE 1) before *10 this .. day of ............. STAIL U f: Fj.Of?jf)A UX 1141-Y OF MIAMI DA IX) flokfon)(1, the vv!mllad INS Affidowl if)( Ilia jit"POSAS Milled thrown mid Drift it it flue and wiroof SWORN to AND 8U8,1,CfI&,f) holujo ,in !pis . � day of _' . 200 )1r'fFi4-Mf N0110Y F-VAIC Sisla of, ("4-3ifida At Largo Airled Naltin of t6vy My convilkssion .... . ....... the Affaill, v)io fir-il,j) first by IM) (July AMM, did swear of Affifia that holgo 46ik ' - Notary PU'ilk Stole of finridn AI Lame '' PrIniod Name of Notmy My conlrniqifon ogjlhas:. � WI TN[9SWYHxwDT HIS DAY OF nE sliipAffi(lawV By By _ '`~�r�- ' -- Name:_ Tifle 1W,4 Or Ov /�»mmn") Nomo____-_______-_ liUw `______ »y'----_-______ C' Vpo0V TiUo �------'- ---__-��V (Pont) Name Tille' By Nome /wv By�_� ."m______-_-� n|IP. By, - Title: �_� -� -- 8y: -----_-____CGqyav* ntle, _ � - - _ (PI-1170 NOTE: 1) Use duplicate ohom,o disclosure information for Representative varies 2) Applic"Inti and Affiants we adviied to timc[Y SUPPIettle0t this Affidavit pursuant to Sec. J| n (b)2)(i,)o/ mc City'-, I-mid Developilletil xqwlati^m |o (lie city C"dc, ill tile o'*m that m ~n`un/km v[Uu un:uxb^n»vIxr[i�8owomromm6uvn ' V�,o6n=kwpn,�*iiotm,x/5oo / ' ^"., incomplete, mmmincorrect o, UATU Of FLORIDA C"'UNTY Of MIAMI-DAOF) 4()TARIZAJIQU PROVISION _ _ ViStQ_N 9ohwe 410, the 'Indersigned aulhc)nly, Pers0118fly appeared j tff(,-q'i P*- o IJt ffanl, wir Fr 6fsl by 171P duly sworn, ded swear ot affirn, jh�jf ne ('Xowlad Ihir, Afficlav,( for the PUfficses Statod (herei(i and that j( is tr�jo and c,01"Oct yge AF111 N SWORN TO AND !;URSCFtll3VD before me this 0''. day 20# l�3 Notary Public State of Florida Diana, Public Printed Name Of NGINY _Ml..lon,E;E082284 'o"rim " ro My M COF I%"/ . .0 1,0 0�5 My cowill,551(y] I�xp�m 04'11"012 5, ,�TAri. oi; tLORIDA OF Bo'k-'re rn g. the wid(n,( [If"'d atithotily, Penwially a0pealo'd "eculed It hit, Alfidrlv�j 1(y the iltri rA.j I as Mated Itherein, alld Itiat it is true and the Mfar-1, who i;,efrig list by M(l duly sworn dirinwear (Y affirn" that ]1010'0, 'd wre day of .00 Notary Public Slate Of Florida At I-aig I P, Printed Narne of Notary My commission expires STAT;� OF ( 1- ORIDA i,C)UNTY OF MIAM! t)A,')i:; Below, rtle, 1pq., undorsignod! '101o(ity, personally ap re ppa (I . the Affirm, who ilnitig first by (f)(,, MAY �,Wrrtl, did,,iwoar cx of jjj,,jt helshe exputiNI th,s Affiglawit for iht� p(jrposos Ajlr.(j lijorc4l, and he, it is b1lo and Mimi. A[ r iAwr SWORN day of _ I "I 200_ Notary Public State of Honda At L,3rg,,, Prinled Name of Noiaiy My womidslon expr es wc Of VUYtIDA COUNTY Of MIAMI-DADE,) Elefole file, the urrdAijkTjprj authority, p8lsonelly appearvj wq0 b(,41)g first by le (it, lY " enculrd thta AffgjAvir (0, the the At% WIM. did swear (Y affirm lIqlt ha /she and Neat it is ftuP. and tprrert AFFIANT SWC , OPIq R) ANC SUBSCRIBL-J) b6f(WIF! HVI INS day of 200 Notary PUNIC State of Florida At Large , plinlov Name of Notary MY CortIrM Ulan W|IN[S$wY HAND THIS _Lj_DAY 0F 2N0| IRE�PRESE =1,�ed ��mmY- ' ' 8Y- wum*k� ^ Nmno:___ By. -__ ...... _-__-___./��oxm� 8y- w^me_______-__-___-/�^� TWv ___ -------- Vy_ _ Nn^p: humo._____________»�� Title: By�__-_ TiVe:___-__-' mlf,�_-_�- _'p*oV Tioe By Isi /mxm� 8y. --- __-___'-__-__� (piffil) TKle� _ Ov -�--' ��--- . ..... Title:--_______ (plm By:________---___�_-_��mmm T!Ue.-_-______�_�h�/ TjVo�_ Title:_ Title: woTc� 1) Use duplicate xkrosif disclosure information for Representative varies 2) Applicants andl Affiants are advised to firnely supl)Ierlient this Affidavit purmiant to �ec. 31-71(b)(2)(iv) of applic�lflojl by [lie City 140ard or Coil] T11 iss ion, the blibl-111alion Provided ill the Affidavit becomes incorrect or N rA RJ1 PRQ_V n I 1N STATE OF f LORIOA } COUNTY 01' MIAN41 -DADS) rielrae ilia, the undersigned aumniry, pa spnaldy appeared 6 fl Hn u �� OL , the Af ua to rp first by mr. rjuly sworn, d+d sv ear or alfirm tha.f he/she exerutcd this Afl;dav;! ter the pp ?pores slated lharoirt and that :'t is Uura and cnrrpr,t -•• -ti'�", j� AFT] r. SWORN TO AND SUBSC: RIBEDbefore methisU`'tlayol�LC�� aOp e4., Notary Public State of Florida !. W ' `y Qiana Ramos Note,,p�)Pu/r cStale ida At �yge My Commission EEO 82284 Expires 04110/2015 Printed Name of Notary R•4y commission expires ...... COUNTY OF MIAMI -DANE) rinkN ine the esde signed autl+enly, person illy Appeared the Affant, who being fnst by me duly swan, did swra u affirm that he/she 0? iwiled this Affidavit ka?Mapuff�s�sstnle�drereinacidthafit trueaf Erect __ - - - - _ ....- - -. AFFtANT SWORN TO AND SUBSCRtTlED before rre prig day of 200 Notary Public State of Florida At Large PnNed Mum of Notary My commission expires, llf F L ORIDA . .. -............. iTATc ) ....._,.... _...........,..... COUNTY Dr' f,4tAMl -DAi SE i BtJore rne. The uode+sagned nuthority, personaily appeared the Atli who timing fits( by flip duly vworn, dd Swear Cr alfirm that Imishe exeu*1, i tins Afflavit for ll)e purposes slated Ihere4n and that it is tree and correct Af FiANT SWORN TO AND SUBSCRIBED before me this _ day of _ _ -1 11 1, 200._ Notary public State of Florida At Large Printed Name of Notary My canrrvssion expkns:__ STATE OF FLORIDA } . C.OUN'fY OF MIAMI pAfJE} —..... 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I oil 11:11 1 tiff I lit is C2 z waxIxxn CORRAL, LANDSCAPE Aucu/TscT,LAmoaAmmox.00mcuuxou ARC unuczucyou/ PLAN Nuu PUERTO AVENT M�I UARDENS DRIVE AND NE 29T AVENTURA, FLORIDA MARIANO CORRAL, LANDSCAPE ARCHITECI',LANll YLANNEtt, ouLrLuutt�-c .vxt,niicL'i55,gttc3unECLH1VIVCpR saIt � r ! € I,D�� PUERTO AVENTLRII 11;111 �; { MIAMI GARDENS DRIVE AND NE 31ITN ('DURT A( j w r m m 3 n N"i a, D n Ca'1 d poll" u W r It v DO Om y H x0 c d r Ogg y a m m /� o WA �X it LiS J. 0 s o o 0 o � 1 P !gal o tit it � pp � � o 4 no �. rnd ox r � \u✓ a z o y AV ENTI:RA, FLORIDA qlV OI�OIN 13'SZI's Q Q I r 3 I x x � z z 1 � � m m I I p D D I r m m 3 n N"i a, D n Ca'1 d poll" u W r It v DO Om y H x0 c d r Ogg y a m m /� o WA �X it LiS J. 0 s o o 0 o � 1 P !gal o tit it � pp � � o 4 no �. rnd ox r � \u✓ a z o y AV ENTI:RA, FLORIDA It It fc- Ir LAI En 2 PEN aw .0i PEI c md, Mxu/^mo CORRAL, LANDSCAPE Aucuoec�Lxmo,cu^Nuu.^v^,cvoxv^au-u/."`^.^""""^,^"iNn"^ MIAND GARDENS DRIVE AND NE 28TH (WRT „ ,o, •„ _ . , ..e , . am.., o„ T , b. a.�, o 5 e, os Q' s 4 ,t r > Ztr1xC yS�O ? v �• ^m y w C t' %"3 yin o m A m m y S A 3 a 2. A y AL 4 m A 7 '� d w t°y C .ri z> C/� IrTi Hxy t7z c-ki> 1 m APO awgm ft, �r y s nCA CA OG� °n �o•ecRe oeDm”- ,- axoef� r0x r't■ _ V CL CD TOO �z� �yf>m?RaP Yr-v� �ro m' �• C m n'OQ n' MIT C/I Z H x n ra ye` �.To m n bpt� % Z vo > / \ / I Y I' �• i I ° fIA L a I �f yA /1 o s cn g r I mm to MARIANO CORRAL, LANDSCAPE ARCHITECC,LANll FLAN NY, x ,uvl,rLVUtt3ttixt,nEECk, i,nnavrti rE.rEwivr,A 4i" PUERTO AVENTURA MIAMI GARDENS DRIVE , AND NE 2MTH GR AVFNTLIRAFLORIDA � � 1 8 � o o C C C � w � _ C D e3� � H H o ua " " z $.g o o 9�0 0 0 3 W � � c< n n o o e b r ° N N r r E ° ° o o w y PUERTO AVENTURA MIAMI GARDENS DRIVE , AND NE 2MTH GR AVFNTLIRAFLORIDA � � 1 8 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 143(f)(3)b. OF THE CITY CODE TO ALLOW A BUILDING THAT CREATES A SHADOW ON ADJACENT PROPERTY, AND VARIANCE FROM SECTION 31- 172(c) OF THE CITY CODE TO ALLOW DRIVEWAY SEPARATIONS OF LESS THAN 150 FEET OF LANDSCAPED FRONTAGE, AND VARIANCE FROM SECTON 31- 221(i)(2) OF THE CITY CODE TO ALLOW A 0' WIDE PERIMETER LANDSCAPE BUFFER ON THE NORTH PROPERTY LIMIT, AND GRANTING APPROVAL TO MODIFY THE DECLARATION OF RESTRICTIONS IN LIEU OF UNITY OF TITLE TO ALLOW A MAXIMUM BUILDING HEIGHT OF 24 STORIES OR 241 FEET 7 INCHES, ALL FOR A PROPOSED 205 UNIT CONDOMINIUM BUILDING AT THE NORTHWEST CORNER OF NE 28 COURT AND NE 185 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF4, Multifamily High Density Residential; and WHEREAS, the applicant, Chateau Aventura LLC, is requesting Variance from Section 31- 143(f)(3)b. of the City Code of Ordinances ( "City Code ") to allow a building that creates a shadow on adjacent property; and Variance from Section 31- 172(c) of the City Code to allow driveway separations with less than 150 feet of landscaped frontage; and Variance from Section 31- 221(i)(2) of the City Code to allow a 0 foot wide perimeter landscaped buffer along the northerly limit of the property; and WHEREAS, the applicant, Chateau Aventura LLC, is requesting a modification to the Declaration of Restrictions in Lieu of Unity of Title to allow a maximum building height of 24 stories or 241 feet, 7 inches; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and Resolution No. 2014 - Page 2 WHEREAS, the City Commission finds that the Variance Application meets the criteria of the applicable codes and ordinances, to the extent the Variance Application is granted herein; and WHEREAS, the City Commission finds that the modification to the Declaration in Lieu of Unity of Title is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a Variance from Section 31- 143(f)(3)b. of the City Code to allow a building height that creates a shadow on adjacent property; where the Code requires that all buildings exceeding 100 feet in height shall be situated such that the shadow created by the sun at 12:00 noon on December 21 will not fall on any adjacent property except for public road rights -of -way; and Variance from Section 31- 172(c) of the City Code to allow driveway separations of 95 feet on the extension of Miami Gardens Drive and 25 feet on NE 28 Court; where a minimum separation of 150 feet of landscaped frontage is required by Code; and Variance from Section 31- 221(i)(2) of the City Code to allow a 0 foot wide perimeter landscape buffer along the loading spaces on the north limit of the property, where a minimum 7 foot wide perimeter landscape buffer is required by Code, all for property located at the northwest corner of NE 28 Court at NE 185 Street, City of Aventura, on property legally described as follows: Tract A, Merco at Aventura, according to the plat thereof recorded in the Public Records of Miami Dade County, Florida, in Plat Book 166, Page 58, City of Aventura is hereby granted, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: • "Puerto Aventura ", Cover Sheet, Sheet A0.00, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Index, Sheet A0.01, prepared by Kobi Karp, signed and sealed 12/12/13. Resolution No. 2014 - Page 3 • "MG3 Developer Group, Alta /Acsm Land Title Survey, prepared by Richard E. Cousins, Professional Surveyor and Mapper, dated 8/12/10, last revised 11/27/13, signed and sealed. • "Puerto Aventura ", Site Plan Data, Sheet A1.00, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Site Context Map, Sheet A1.01, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Existing Site Aerials, Sheet A1.02, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Construction Fence, Sheet A1.03, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Fire Staging Plan, Sheet A1.04,prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Site Plan, Sheet A2.00, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Shadow Plan, Sheet A2.01, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", First Level Floor Plan, Sheet A3.01, prepared by Kobi Karp, signed and sealed 12112/13. • "Puerto Aventura ", 2nd Level Floor Plan, Sheet A3.02, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", 3rd & 4th Level Floor Plan, Sheet A3.03, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", 5th Level Floor Plan, Sheet A3.04, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", 6th Level Floor Plan, Sheet A3.05, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Typical Floor Plan, Levels 7 -24, Sheet A3.06, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Penthouse Floor Plan, Sheet A3.07, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Roof Plan, Sheet A3.08, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", South Elevation, Sheet A4.00, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", East Elevation, Sheet A4.01, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", West Elevation, Sheet A4.02, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", North Elevation, Sheet A4.03, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Building Section, Sheet A5.00, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Rendering 1, Sheet A6.00, prepared by Kobi Karp, signed and sealed 12/12/13. Resolution No. 2014 - Page 4 • "Puerto Aventura ", Rendering 2, Sheet A6.01, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Rendering 3, Sheet A6.02, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Rendering 4, Sheet A6.03, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Rendering 5, Sheet A6.04, prepared by Kobi Karp, signed and sealed 12/12/13. • "Puerto Aventura ", Landscape Cover Sheet and Project Location, Sheet LC, prepared by Mariano Corral, Landscape Architect, signed and sealed 12/12/13. • "Puerto Aventura ", Landscape Site Plan, Sheet LP -1, prepared by Mariano Corral, Landscape Architect, signed and sealed 12/12/13. • "Puerto Aventura ", Pool Deck Landscape Plan, Sheet LP -2, prepared by Mariano Corral, Landscape Architect, signed and sealed 12/12/13. • "Puerto Aventura ", Details and Specifications, Sheet LP -3, prepared by Mariano Corral, Landscape Architect, signed and sealed 12/12/13. • "Puerto Aventura ", Preliminary Site Lighting Plan, Sheet LL -1, prepared by Mariano Corral, Landscape Architect, signed and sealed 12/12/13. • "Puerto Aventura ", Cover Sheet - Water Plans, Sheet CS -WM, prepared by Ford Engineers, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", Water Plans - General Notes, Sheet GN -WM, prepared by Ford Engineers, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", Water Plans, Sheet WM -1, prepared by Ford Engineers, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", Profiles and Details, Sheet WM -2, prepared by Ford Engineers, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", Details, Sheet WM -3, prepared by Ford Engineers, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", Cover Sheet - Paving and Drainage, Sheet PD -CS, prepared by Ford Engineers, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", Paving and Drainage, Sheet PD -1, prepared by Ford Engineers, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", Sections & Details, Sheet PD -2, prepared by Ford Engineers, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", Paving and Drainage Cross Sections, Sheet PD -3, prepared by Ford Engineers, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", Sewer Plans, Sheet ST -1, prepared by Ford Engineers, Inc., signed and sealed 12/12/13. 2. The applicant shall obtain a building permit within twelve (12) months of the date of the Resolution, failing which this approval shall be null and void, unless the applicant requests an extension of time within the original approval period. An extension of this approval, for a period up to six months, may be granted by the City Commission. Resolution No. 2014-. Page 5 3. Any expansion to an approved variance and any addition to or expansion of an existing variance shall require the same application, review and approval as required under Section 31 -76 of the City Code for the original approval of variance. 4. This approval is granted exclusively to Chateau Aventura, LLC. 5. Prior to issuance of a building permit, the applicant shall provide to the City: (i) A copy of this resolution as recorded in the Public Records of Miami -Dade County. All expenses of such recordation shall be borne by the applicant, and (ii) A copy of the Modification to Declaration in Lieu of Unity of Title as recorded in the Public Records of Miami -Dade County. All expenses of such recordation shall be borne by the applicant. Section 2. Modification of the Declaration of Restrictions in Lieu of Unity of Title, in the form attached to this Resolution, revising the height of the building from a maximum height of 19 stories or 186 feet 6 inches to a maximum height of 24 stories or 241 feet 7 inches is hereby approved exclusively to Chateau Aventura LLC. Section 3. The City Manager is authorized to execute all approved documents and cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Howard Weinberg Mayor Susan Gottlieb Resolution No. 2014 - Page 6 PASSED AND ADOPTED this 7t" day of January, 2014. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2014. CITY CLERK This instrument was prepared by: Name: Michael J. Marrero, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) PARTIAL MODIFICATION TO DECLARATION OF RESTRICTIONS THIS MODIFICATION TO DECLARATION OF RESTRICTIONS ( "Modification ") is entered into the _ day of , 2014, by and between the CITY OF AVENTURA, Florida a municipal corporation, ( "City ") and CHATEAU AVENTURA, LLC. (the "Owner "). RECITALS: A. WHEREAS, the Owner owns the property, consisting of approximately 2.67 gross acres of land (the "Property "), the legal description of which is attached hereto as Exhibit A; and B. WHEREAS, the previous owner obtained development approvals relating to the Property, including an application to amend the City of Aventura Comprehensive Plan, an application for rezoning, an application for site plan approval, an application for various variances required to develop the Project, and an application to close a portion of NE 28th Court (the "Applications "), through the City's Community Development Department; and C. WHEREAS, on August 22, 2003, the previous owner and the City entered into a Declaration of Restrictions in Lieu of Unity of Title (Residential), recorded in the Official Records Book 21678, pages 0547 through 0556 ( "Declaration ");and D. WHEREAS, on November 19, 2004, the previous owner and the City entered into a Modification to Declaration of Restrictions, recorded in the Official Records Book 23016, pages 2196- 2205;and E. WHEREAS, Paragraph 16 of the Modification to the Declaration provides that the maximum roof height of structures within the Condominium Parcel (identified as Tract A in the Site Plan) shall be 19 stories or 186' — 6 ";and F. WHEREAS, accordingly, based on the current plan of development, the Owner and City agree that a modification to Paragraph 16 of the Declaration to permit 24 stories in the Condominium Parcel would be appropriate; and DecUMU op Sesoaumons Pave Z (Space reserved for Clerk) G. WHEREAS, Paragraph 10 of the Declaration, provides that the provisions of the Declaration may be released, amended, or modified from time to time by recorded instrument executed by the then owner or owners of all of the Property, with joinders by all mortgagees, if any, provided that the same is also approved by the City Commission of the City of Aventura, after public hearing;-and H. WHEREAS, January 7, 2014, the City Commission of the City of Aventura held a public hearing and adopted Resolution 2014 -XXX, revising the proposed maximum number of stories from 19 stories to 24 stories. NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein, the Owner and City agree as follows: 1. Recitals. The recitals set forth above are incorporated herein and form an integral part of the Modification. 2. Paragraph 16 of the Modification to the Declaration is hereby modified as follows: FROM: The maximum roof height of structures within the Condominium Parcel (identified as Tract A in the site plan) shall be 19 stories or 186' - 6 ". TO: The maximum roof height of structures within the Condominium Parcel (identified as Tract A in the site plan) shall be 24 stories or 241' - 7 ". 3. Paragraph 2 of the Declaration is hereby modified as follows: FROM: [T]he plans entitled: • "Terzetto Condominiums ", Site and Building Area Calculations, Sheet A -1, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Approved Site Plan, Sheet A -2, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 6/13/03. • "Terzetto Condominiums ", Proposed Site Plan, Sheet A -3, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. DlCL1Si e a BlSwcoo IS Palle 3 (Space reserved for Clerk) • "Terzetto Condominiums ", Approved Floor Plans, Sheet A -3.1, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Proposed Apartment Building Floor Plans, Sheet A -4, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Proposed Apartment Building Floor Plans, Sheet A -5, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Proposed Apartment Building Floor Plans, Sheet A -6, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Proposed Apartment Building Floor Plans, Sheet A -7, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Approved and Proposed Building Elevations, Sheet A -8, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Approved and Proposed Building Elevations, Sheet A -10, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Approved and Proposed Shadow Study, Sheet A -11, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Approved and Proposed Apartment Building Floor Plans, Sheet A -12, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. • "Terzetto Condominiums ", Approved and Proposed Apartment Building Floor Plans, Sheet A -13, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. TO: [T]he plans entitled: • "Puerto Aventura ", COVER, Sheet A0.00, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. DeCu=a or Ae=c ozs no K (Space reserved for Clerk) • "Puerto Aventura ", INDEX, Sheet A0.01, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 09/30/13, signed and sealed 12/12/13. • "Puerto Aventura ", SITE PLAN DATA, Sheet A1.00, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 11/27/13, signed and sealed 12/12/13. • "Puerto Aventura ", SITE CONTEXT MAP, Sheet A1.01, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/15/13, signed and sealed 12/12/13. • "Puerto Aventura ", EXISTING SITE AERIALS, Sheet A1.02, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 09/30/13, signed and sealed 12/12/13. • "Puerto Aventura ", CONSTRUCTION FENCE, Sheet A1.03, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 11/27/13, signed and sealed 12/12/13. • "Puerto Aventura ", FIRE STAGING PLAN, Sheet A1.04, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 11/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", SITE PLAN, Sheet A2.00, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 11/27/13, signed and sealed 12/12/13. • "Puerto Aventura ", SHADOW PLAN, Sheet A2.01, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 06/24/13, signed and sealed 12/12/13. • "Puerto Aventura ", 1ST LEVEL FLOOR PLAN, Sheet A3.01, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 11/27/13, signed and sealed 12/12/13. • "Puerto Aventura ", 2ND LEVEL FLOOR PLAN, Sheet A3.02, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", 3RD & 4TH LEVEL FLOOR PLAN, Sheet A3.03, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", 5TH LEVEL FLOOR PLAN, Sheet A3.04, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", 6TH LEVEL FLOOR PLAN, Sheet A3.05, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. Demme a BASmcmm Pam 5 (Space reserved for Clerk) • "Puerto Aventura ", TYPICAL FLOOR PLAN, Sheet A3.06, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 09/30/13, signed and sealed 12/12/13. • "Puerto Aventura ", PENTHOUSE FLOOR PLAN, Sheet A3.07, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 09/30/13, signed and sealed 12/12/13. • "Puerto Aventura ", ROOF PLAN, Sheet A3.08, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", SOUTH ELEVATION, Sheet A4.00, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 09/30/13, signed and sealed 12/12/13. • "Puerto Aventura ", EAST ELEVATION, Sheet A4.01, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 06/24/13, signed and sealed 12/12/13. • "Puerto Aventura ", WEST ELEVATION, Sheet A4.02, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 09/30/13, signed and sealed 12/12/13. • "Puerto Aventura ", NORTH ELEVATION, Sheet A4.03, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", BUILDING SECTION, Sheet A5.00, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", RENDERING 1, Sheet A6.00, prepared by Kobi Karp Architecture and Interior Design, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", RENDERING 2, Sheet A6.01, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", RENDERING 3, Sheet A6.02, prepared by Kobi Karp Architecture and Interior Design, Inc., last revised 10/18/13, signed and sealed 12/12/13. • "Puerto Aventura ", RENDERING 4, Sheet A6.03, prepared by Kobi Karp Architecture and Interior Design, Inc., signed and sealed 12/12/13. • "Puerto Aventura ", RENDERING 5, Sheet A6.04, prepared by Kobi Karp Architecture and Interior Design, Inc., signed and sealed 12/12/13. Decumu a Besmcaons Pose 6 (Space reserved for Clerk) 4. It is recognized that the approval for the building height and development described above is granted exclusively to Chateau Aventura, LLC. 5. The terms and conditions of the Declaration, as previously modified, shall remain in full force and effect except as herein further modified. SIGNATURE PAGES TO FOLLOW DlCL1=u OP Rommons Pee 7 (Space reserved for Clerk) Signed, sealed, executed and acknowledged this day of , 2014. WITNESSES: CHATEAU AVENTURA, LLC Print N Print Name: Title: Print Name: ACCEPTED BY: CITY OF AVENTURA, FLORIDA Attest: By: By: Teresa Soroka, City Clerk Eric Soroka, City Manager CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMXCM City Manager 4 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 January 7, 2014 City Commission Meeting Agenda Item February 4, 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 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 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 (B2) 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 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, hotel and indoor or outdoor recreational uses in the Town Center. 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: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South Properties to the East: Properties to the West: Business and Office and Medium High Density Residential Business and Office Business and Office Medium High Density Residential Business and Office 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. 5 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 N. 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 Redevelopment Element Policy 2.11 The location of parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments shall be co- ordinated to provide maximum user safety, while improving the comprehensive aesthetic appearance of 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 1.1 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. ti1 M�� BERCOW RADGLL & FERNAND EZ ZONING, LANE> USE ANE> 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 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. 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. BERCOW RADELL & FERNAN DEZ ZONING, LANE> USE ANO 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 BGRCOW RADELL & FERNANDEZ ZONING. LAND USE ANC> ENVIRONMENTAL LAW 1750 PONCE DELEON SOUL EVARD, CORALGABLES, FLORIDA 33134 305 447-0900 • FAX: 305 444 -4936 • EMAIL: DPAODPLUMMER,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 @integraffcom 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 CORAL CABLES • FORT MYERS alr. 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 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 AttachmentA. 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 it Mr. Victor Ballestas RE: ParkSguare 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 M 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. 1• PE Vice - President — Transportation Attachments w: \13 \13114 \tgen oct 28 2013 \parksquare aventura trip generation comparison letter_october 28 2013.docx CORAL GARLFS • FORT MYFRS Q u ' « A m c a Zr u !— 2 Q �0Z U a Q a f a 9 u o u ° LEL xT x e a � 6 x n x x I v v Y C a � o a o ° f LEL E s n ry o xe E s C C O a s q t3 x LU W m g 2 ��•, oe me �a ea a =e �a E i C a C "� mC �. 9 — e f Q �o � {t UJ } \/ �CL «z o 0 m)4) ƒ0 �2 Q \ }\ r� !, \ } \ ! 9 � � ; k r� !, \ � � ; k • . . , . m 7 9 m ;, � \° & °� ! \\ u Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes (Unadjusted for Internal Trips) 'ect: Park Square Aventura - Approved 1 -3e: 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 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) F =ct: Park Square Aventura - Proposed Project Open Date: P__ e: 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 _brzoninglaw.corn Miami -Dade County School Board Perta 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 Pcrez 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 topgntact 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 33932 305 - 995 -7285. 305- 995 -4760 (FAX) • arijo @dadeschools.net 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: O1- CPA -14 Type of Application: Public Hearing Sub Type: Land Use Applicant's Name: Waterways Town Center I12 (ELEM COMP) Address /Location: NE 207 Street at NE 30 Avenue, Aventura Master Folio Number: 2812340064610 — 12 Additional Folio Number(s): PROPOSED # OF UNITS 147 SINGLE - FAMILY DETACHED UNITS: 0 SINGLE - FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 147 CONCUR. CONCURRENCY SERVICE AREA 1 CSA Net Available • 1 Facility Name Id I e0• �'6 '� • �,- 231 AVENTURA WATERWAYS K -8 CENTER �r -64 0 INO Current CSA I12 (ELEM COMP) 231 AVENTURA WATERWAYS K -8 CENTER I — 12 Current CSA Five (ELEM COMP) 10 fi0 iN0 Year Plan 232 AVENTURA (MID COMPWATERWAYS K-8 CENTER 11 [7 '0 INO Current CSA j 232 AVENTURA WATERWAYS K-8 CENTER 0 7 0 �j NO Current CSA Five (MID COMP) Year Plan 6241 HIGHLAND OAKS MIDDLE -5 I' lu NO Current CSA F6241 HIGHLAND OAKS MIDDLE F F �0 NO Current C Year PIanSA Five !, 7141 DR MICHAEL M KROP SENIOR _ a� I -284 iv — I' �0 1'�� Current CSA 7141 DR MICHAEL M KROP SENIOR 0 !7 �i0 NO Year PIanSA Five ADJACENT SERVICE AREA L-------- 2441 VIRGINIA A BOONE HIGHLAND OAKS [ELEMENTARY 35 12 li 2 �I YES I Adjacent CSA 6023 ANDOVER MIDDLE F1 40 F� f7 _ YES Adjacent CSA 7381 MIAMI NORLAND SENIOR A J580 I' 17 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 CHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305 - 995 -7634 / 305 - 995 -4760 fax / concurrency @dadeschools.net APPLICANT REPRESENTATIVE AFFIDAVIT 14. 7T !r"" PU ,ani 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 undersgned authorized represeniative of the individual or entity applying f4 the Development Pernvl• which is ide"11NA in the accompanying application, and the ownc;r of the property sub)oct to =.he application (if different) hereby lists and idenbfins all persons fepresoiiin,g the indiklual or entity applying for the Dave,' oprnesil Permit In connection with the application, as follows. Name RefatiOYiship (i e Attorneys, Architects, Landscape Architects, Engineers, Lobby,sts, ,Etc I . `_i6 r t"� ' Lb- - - 6 (Attach AddilionA Sheets ff 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 APPLICA'T'ION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLET . WITNESS A.TYMNQ THIS r��- DAY GF ��! ` = ,.___..._ 20, t3 N �I THUfZ�I b REy � T 1/F OF APPLICANT OWNE(� " j R~ W Name ' rr fF�rinl] (Pr %n( ) _ — it Mrr��k ,n /��1, Titleno. ress _�_f� S Str�x` 73t>7 Address: )S`p f,- — �L >3 13 I"It N" c STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me the undersigned authority personally appeared QgVL0_ ! ,. ` .��',.. as e authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by ie °rdulylswtir swear or affirm that he/she exeruled this Affidavit for the purposes stated therein and that it is true and correct. AF SWORN TO AND SUBSCRIBED BEFORE ME this.__ day oo`'7"? ' _. Notary Public State of F a At Nota Printed Name of ry' - +�� My commission e0pq . —... _ �..�L� r :R cow 1 510 ?I r/ EE 202515 xi klAY 29, 2016 rhrr,is +` °° VANW" AA h'ONN MoM..com BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31 -M1 b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affian' hereby discloses that: (rr:ark with "x' of p Icable Pori ons only) Affianr tfoes riot have a Business Relationship with any member of the Gly Commission or any Ci';y Advsory Board to which the application will be presented. 2. Affiant hereby discloses that it does have a Business Relallonship with a rnenber of the City Commission or a City Advisory Board to which the applicai:'on wiG be presented: as follows. (Liss name of Commissioner or Advisory Board Member) who serves rm the (test City Commission or City Advisory Board upot which member serves) Tho nature of the Business Relationship is is follows: i. Member of City Commission or Board holds an ownersh f iraerest in excess of t% of total assets or capita4 stock of Applicant o= Represe €Iative; Member of City Commission or Board is a partner, co shareholder f,as to shards of a ctxporation which arc not listed on any nallonai or regional stock exchange) or joirrl venturer with the Applicant or Representative in any business venture The Applicant or Representalive is a Client of a merrber of the City Commission or Board or a Cient of another professional working frorn the same office or for the sarre employer as lice mernber of the City Commission or Board, j lv. A City Commissioner or Board member is a Client of the Applicant or Representative: v. The Applicant or Representative is a Custorner of the member of the City Commission or Board (or of his or her employer) ar,d transacts more than $10,000.00 of the business of the membor of the City Commission or Board (or his or her ernptoyer) in a given ralendar year; > vi. The member of the City Commission or Board is a Customer of Ifue Applicant or Representative and transacts more than $25000.00 of the business of the Applica or Repesentative in a given calendar yerr. !u''TNESS..f Y NO TH! DAY OF ...._ 2 -1 , APP l NT - gQkY P46., Joao Faf de Iranda B r __(Slr�lrafttre% y�N4*.o�Nx Fr F f Title. LAr.mtfi° _.�p'irrlJ caa n � W Tty ;SS h0' HANP THIS �'�! DAY OF PROPLRTY0'tWlLR:, -' :'�avn,% Jnar,Panlr Mira By:.,.. Name: Title 'The terms 'Busrrres:s Reiolionship " "L'fient " Vuslofnet,' 'Applicant," "RepreseiWalive" and 'Interested Persori" are defined in Section 2 -395 of 1110 Avenlur a City Code. WITNESS PAY HAND THIS �-T, DAY OF REPRESENTATIA: (Listed on Business Relationship Affidavit) Naine, J6A 6- r to (pl 'no Tit!g . _!.!I' � c}._�° —.4/ ..._ _ _ �fytlFkll By Na Title` By . .... ..... -T , 11)[r.) (S ya Name Title: . .............. ..... .. By . ..... By rSigrrnturr Title: Title, By Titre . ...... .. Title. ll) A13 By (Sgnalute Narne' ...... . ..... . ...... ..... . . ...... (Prim) Title, jPnn�) BY akife frame :, Title By:_ Name Title: .. .. ......... By rSigrrnturr Title: Title, (Pt if By: Title: By: Title NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 1) Applicants and Affiant, are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(2)(iv) (J the City's Land Development Regulations in the City Coide, in the event that prior to consideration of the application b" the City Board or Commission, tile int6nnation prov;dW in the A I'llidavit becomes incorrect or WITNESS MY NAND THIS, � - -_ DAY UF� �!� /�G ne3 REPRf_SE T VE. i d on Business Reiationship Affidavit) hY _ /tiK}» rirnNl By NanaVtl�_G}')�ill�/�_!!�»nU Name, Ttfte Title By. ... ......... ... ___.. ___..._.. ,..r_ (Sryrrmod Title Narne Title.,,___._..._....__. ( {'rirtlJ Title,..._.. BY iilie . _,__......__� __.._.. wrim) TIUe., ...__.___.___.._........___.. __.._..... (PrOO Title._........_... _ ..............._. _...__...�._..._ (l�r'rrt1J BY Name: Title: (l -lint j UY _ 1Si wnfre Name ..............._ __... — (l�rinrl Title! Title` tge Title: Title.'. ...__.�._ ................__..__ .._.. _.. (F'»nr1 By:. __._.._..._ _�.�..� t3l�rwtrrre Tills Title NUTE 1) Use duplicate sheets if disclosure information for Representative varies ?) .Applicants and Affients are advised to timely soppiement this Affidavit pursuant io See. 31- 71(b)(2iliv) of Ito 01)'s land f.3evelopment Kef;uialians in the City C(Me• in the event that prior io consideration of the application by the Cily hoard or Commission, the in(brrnatirm provided in the Atiidavit lseca,mcs incorrect or incomplete, NOTARIZATION PROVISION STATE OF FLORIDA COUNTY OF !01441-DADE) trda More rrin, the imftefsigned authority_ personally appeared the Alfart, who being first by me duly sworn, are swear or affirm that be'she executed this Affidavit for lhe pvfY-,se% stated thpfew and that it is Initeand florrnaf. AFFIANT SWORN TO AND SUBSCRU]ILD before me this a!41day of Nota Public Late of Florida Allarge Printed Name of Notary Mycomrnisswexpires:.. S'ArL OF FLORIDA COUNTY OF MIAN41-10ADLE-) Befro4f ine, the un des signed authority; pc-Tsorially appeared J(Art ei;eculerl this Affdavil for the purposes stated therein and that it is true and correct SVVOPN TO AND SOBSCRIHID before We this day of � , UN�- Notary Public State of Florida lot-, e i Ramos Diana Ramos M My y Commission EE082284 P, .,P Expires 04/10/2016 art, who bei/ g f, o, did 9-ovea- o; Ofirin that heishe ,$illy sw/ Ay ooh 1, �(11 Notary Public State of Florida Diana Ramos blic of 6�,rda Q" my Commission mInIssion EEo82284 .7,W Expires 7- Phried Name of Notary s 04/10/2015 My commissbin expires ..... ..... ....... -1--1--1-1--,-- ------ -- ----------- - ---- --- ------- ------- -------- ------ STAI. OF FLORIDA COUNTY OF IAWAJ,DADF�; Before ine, the u. authority, personally appeared, Mf 6 the A n I brainy first by me duly sworn, did swear or affrin that he/she r = NFL I IIIN K SWORN FO AND SUCRIE0 before me LNs . .. .... (joy of ._D 2 2 15 . . . . . . . . '�9 2076 Notary Public Slate of RoZ I 71- X01,1 d4, (j o,> My comini•siorl expires , I �� -Lit 7-- STATE OF FLORIDA COUNTY OF MIAMI -DADS} Beftml, me, the undersigned authority, personally appeared the Affw't, who being fitst by Me duly sworn, did sft,,z or affirIP, that helshe oxecifled this Affidavil for tare purposes slailed1flefain and RIM it is Nueaod lx*mo. Af`f'IANT- S'NDRIN TO AND SUBSCRiG ED before me this, _., day of N otary �Lbbc 'i orida At Large , Stiiii'cf F1— Printed Name of Notary My commission expires:- NOTRI ATION2B MllpA ^,fATf Xt' ORIDA i C;.1NTY Of WA),II DME1 yIeraemo. the undelsi nedwlf"I , penmmal appeared �,'�/� l`�� a) �� 9 Y h/ v`'"� i`..Itr(. AfBa d, who he fu91 me d sworn' (id sHenf qi aNmn flrnl rx :tthF rrxeculed this AlltfifMt kx urx prxyoxw stafml srArOm a+ +d that it 1Nn -a(a) cxrrart j ;! ROSAaip R. eEnw101<$' AF'FIAINT Noiur �Ue . gl�� p� pbridi SWORN 10 AN( j �� lJl ■. �Comnm�Mibn 0 EE 137323 M FN tfrFFYN1 1FMF M AfiA. �qa Primed Now M Notary My rofnm"cYl exp4es' STATt O i-LOR1f)A ) _.._ ....... .. ...... ......... COUNTY OF MIAM61')ADcl Bnfwe me. Ihr> rnckhracpu d aufhnrlly, l a +scxutlly gopAa+td _,, ,,, Ine Alfant, who twing hml by me duly swan dirt swear (,xr grBun IIrnI harsho osoaned Olis Affidavit to Mw purposes staled Itivein and Itral, d is hue mu) coned AFFIANI 5W01N TO ANA) SUBSCRIBED bebre me this day of 200_. Notary Public State of f Inndo Al Larpa Printed Ngmn d Noary My commission nxpires ,. ....... SIATF, Or 110MA 1 COUNTY OF' MIAMI DADf } Rc?we me, lhf? tindarsy +Nd nulhonty, pFosou lly appearef ,._.. _.._. t)re Mont whn tohsg firs) by my duly Yvan, tlg swrret or affirm I1,81 hekhe exisaftd lh4 Aifdev t kx Iho p,irookes stated Ihorehn ynd That it in two and carrerd ... . Af FI ANT SWORN ?O AID SUBSCRIK.0 bekv, a me hi ,,.., .. day of .1, 200, Noary Public Slats D1 Flmda Al l.erge Punted Nnrlht at No6ary My comnhsslm eypres:,._. ..__ STtQEOFf.ORIDA ; i Oouw" Or MlAfdfDADFi Retom hm, the ufldon iglied aelhflfify, DersoneRy appeared _ the Akan(, who betno (IrSt by nic ditty swefn did wmAr (N ofrrrm (hat helshe exeF:Utw) this Affi !aMl k)r II+B purposes SlOod @amain And Thal d is hr/e and wfed. SWOR14 TO AND 3L RSCRIIRFD Worn orm thin, _ day of _ .. r ?DO AFFIANT NO ary PutSc Slalao(Florfda At Large .. _.. . P"Awe Name of Notary My cohmaskxl oxp rns.,, BUSINESS RELATIONSHIP AFFIDAVIT* Tars Affidavit is oWe piisuj.rrt to SKlim 3t•71 {h) (7)(ii) t>f lire GTy W Aveatura Land Uevekopmarrt C4.K1e. Tt>e unrtrsrs#Tned Affiant littreby Ssctuses rhe1 irnruk wth `x' app ". atrle Ixxfioris only) j Alftaw dim Wt have a Business- Reivionshtp with any mermber of trip. tAy any „;y !u?visQry 00216 to wbietr 4 apphe.Miion will W aresenled J't ACirrant hereby disci that !). s h a Husiness I2Dlalkxnshfp with a Olember of the {City C mmissian or a City Advisory Board IQ whie#r the afifliealum adii tie oresollipd, ao tolrm% __._.,..__ ....._ (List narire (A Commissroner of A. mory Wmf(l Nk, n ,l who serves on the Psi City CoMMis:R2n or City Advisory Elc)arrf ufxrrl wlrrch rnerrmtwr servos) rho nakrre of IN Busrnass Ralalirinship s es fdioi s t I r Member of City Canmissron or Board holds an ownomhyp mttfOSt ra eycgss «E 1% of Idal assets or capital str7r3r atkppfimm ar ftetx ©sontative; !if, McMiw nt City Comalisvortt or Baird is a partner, co- sliarehokfor (as to shares of a wporatitln VA*tIi are not listed on any ntrhonal or reglal st(x* exchange) a f ail vangot With the Arlipliow or Ref resontatWw rn arty twsiness vanlura I l i. The Applicant or Representative is a Client of a member of Ure City Comrnrssror or Board or a ()ant of arrolirer Board, w(trkirg from ate same ice or for the same emf,fi as 1110 rnerrrber of the City Conrarissi6i ry Board, i J vv A City Crrnmi5,is on it or Board nter,ibei is a Client of the A4p it atYf rY• Reprffienlotive, 11 a The Applcant or Representative is a f;ustorn& of the n>Frmtxr of the Cady Conrrrussuan nr &and {or of his or her erniyoyor) and transacts wee Irian $10.OW W d the business of Ifte mamba 1f Gte City Conn »lssa3n or Brrard {a N5 of her enrp(oyer) in a givai calckrdar year. ( IA Tilt, member of the City Commisswn or Board is a Custorrlor of the AppAwrtt a Represa;ltel we and transAcfs mote Ihian fi25.O0{).00 of Clio ilusin@ms of thO APO lcantof Reprgsoniatiae in a givon calendar ytun- ITNESS MY HAND THIS v DAY OF 0(f 1'L'_ T . �gp 1,3 relic Nor B �� } ..__I3iCjrkslure) WITNESS MY NANO THIS ____,_ DAY OF _._..._. ._.. 200 _. PROPERTY OWNER ©y - - isymrure) Name Tice' rn,c,., r 'rile lernrs Wutirtess l,'e%tr0irsyuiJ,° Glieof," `Customer:' i{u /�u<nt,` '7 ?epresenl�+Nve" rynU 'Yirlr?iested f'ersotr` sue dpArred in Sec,Am 2.395 ofNre Averrfum City (~ride. I WITN', s MY ANi7 iHI$ W DAY OF _ T ....._.. _.... 13 PRESEN (IVE H sineSS RpialIcn8lzlp Aflida0 BY I __ ... __.._ - .ISiy,L.3t nr% Tills _ .._..,__._.._._. _IPlrrtt) Title _ (Prin) PY I irk" Title; Tillt (p,"rrNl By Title Titl@ NOTE 1) Use duplicate slieels if disclosure i rfoimatien far Representative: varies 2) - Applicants and Affaml are advised to rit»cly sriplAe victil this Affidavit pur,uartr to Ste. �f - 71(b){Zf(iv) of On, City's Land Oevelopment Regulathsnc in the City (..-ode, in tlic event that prior to cor'isickration cif" the aplrlicalit)n bN the. City Board or ConurIis'sicm. Ihr inliu+nati011 prc*vided In lire Affidavit bec•.ornes incon•e�:t or ittt ofllplc(e. ��r, reif 1rza7�! 7 P-S,OnwI flIn/ r1 rain. ie-,7,.r cr;.A -1 Y _ _ __ tSJrt rlttfryl By NatrF, - _,(Pr(rttl Name ii0e, BY By Name _. f /qua!/ Name Title ... .... ....... (ftriri(1 T&e, ffrrrrtl BY .__ .,_ _._. _. , {,SaJ;7lult?1 BY Title. TtLp f1 rrsrl.) Title BY I __ ... __.._ - .ISiy,L.3t nr% Tills _ .._..,__._.._._. _IPlrrtt) Title _ (Prin) PY I irk" Title; Tillt (p,"rrNl By Title Titl@ NOTE 1) Use duplicate slieels if disclosure i rfoimatien far Representative: varies 2) - Applicants and Affaml are advised to rit»cly sriplAe victil this Affidavit pur,uartr to Ste. �f - 71(b){Zf(iv) of On, City's Land Oevelopment Regulathsnc in the City (..-ode, in tlic event that prior to cor'isickration cif" the aplrlicalit)n bN the. City Board or ConurIis'sicm. Ihr inliu+nati011 prc*vided In lire Affidavit bec•.ornes incon•e�:t or ittt ofllplc(e. WArl ',)I' f "(1RIC)A WMAH)AN.1 9t-(u e aid. the I `AfJNf4qiie,) autt-.Wy. ; tygJ;V 4aydWeoDt% A :F*ff'[A N: Atfam 'Alm Ulat W-laoe D,gp(Aer, stated Irwo9v R,,,d lhlv 4 is ovil 14:p Mc "'a" "'o"' Ste"' Kay Notoly PuWc Stati� Susan P Kay f r My cummir'ston CE 160095 Expirem 04106J2016 MY erg 44-IS, of'k 1, ORU10% ','XINTY Of MIAMO)AIII) G'p,ltvo wfil the dixuped aAicofly, Pericin'rilly ijopqejfcd Ine Atfwi. m%) twilitt f=%, by av, d, r,.,,tofy Af 0 ol owerwtw ft AfWwil ki, Itie jpqpow,,� si�rgw ltlwtmn jvvj that it I$ th,8 oitcj (j(rncj t,, , SWORN TO ANITD tiklbro rip tjus CAY of n� ,3AIr (9 QORW I;()tl TY Of MiAllil DAOG; pm(xe me, m(o exowt6d M%6 AlWavil (o( the wrpoin.."I'd fflorekl 3,.0 dint it m 4UG anL, (.wjY-j swom ro bototo ilie jbts day of 5TATE, Ol' i, ORIDA ,.X,X)Nry CY, MtAMl Mk) heli)lv mo� If Affidavit Itir the pj,q*Ws roIt 4 is live and rorKi Afl- IAN T N,Xmy ft,;W steAo of Ficthill) At 1 oige Namo Co Whitt' o,,,j)qej the Mnrti vthc hpj(;j first by the j,ly Swan ft'-wfia, (", ofirm thalhaish, A6 Nolsf8 pow. 1%hi 11 F" Pi Large pnilte'd Niviv of i4othfy MY rminisow, I)bF,' Aftaol, YOVI bironit Afst by "T. duty sworn did swear , ofli'm thilt twole AFHANT WORN TO AND SlJRXR%'D hoiix p,m tm dayof 200 Printed Name of NqWq MY runfrismob exr,,fas 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. 6 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 Luz Urbaez Weinberg Vice Mayor Howard 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 Luz Urbaez Weinberg Vice Mayor Howard Weinberg Mayor Susan Gottlieb 4 Ordinance No. 2014 - Page 5 PASSED on first reading this 7th day of January, 2014. PASSED AND ADOPTED on second reading this 4th day of February, 2014. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 61 SUSAN GOTTLIEB, MAYOR 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. CITY OF AVENTURA 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 January 7, 2014 City Commission Meeting Agenda Item February 4, 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. K 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: 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: 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. 5 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. 9 BGRCOW RADELL & FERNAN DE Z ZONING, LANU USE ^MED ENVIRONMENTAL LAW DIRECT LINE: 305 - 377 -6238 E -MAIL: mmarrero(albrzoninQlaw.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 30t" 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 R 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 Mediurrn- 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. I` Not applicable. (6) The proposed change would adversely affect traffic patterns or congestion. BERCOW RADELL & FERNAN DEZ 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 BERCOW RADELL & FERNAN DEZ ZONING. LAND USE ANO 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 8 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. 2006.51 Page 4 PASSED AND ADOPTED this 3rd day of October, 2006. A' WI W1'sWfCi� • -• Mayor I p6zix APFMOVED AS TO LEGAL SUFFICIENCY: "� CITY ATTORNEY This solution was ql�d in Re Office of the City Clerk this day of , 2006. 200M= MUM AS aim Exhibit A LEGAL DESCRIPTION: That portion of N.E. 206TH Street (Sunset Roulevard) being adjacent to Rlock 17 and Block 18 Hallandale Park No. 8 plat 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 Aventuro, Miami -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 plat 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 an 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 tangency; (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, Miomi -Dade County, Florida. - Bearings hereon are referred to on 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, on eets the Minimum Technical Standards as set forth by the Florida Board of Professional- Syeyors and Mappers in Chapter 61G17 -6, Florida Administrative Code, pursuant to Section 47.027, Florida Statutes. FORTIN,.LEA�, SI� ES, INC., LB3653 Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. ' ( Drawn By DWF l Cad. No. 000600 " Ref. Dwg. 297D -153 -1 lPllotted: 2/24/04 ) DESCRIPTION, NOTES, & CERTIFICATION FOR TIN, L EAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 180 Northeast 166th. Street / North Miami Beach, Florida. 33162 Ph. 305 -853 -4493 / Fax 305 - 851 -7152 wAT 1 I '- -- - -__ EXHIBIT "All WAYS BOULEVARD N.E� 207th STREET _ SECTION 03451 -42 1 d I 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 WW I I 40 i aI o [� Oo `t1 o Z HALLANDALE PARK NO 8 I I LAURANNA IQ I W N I PLAT BOOK 20 PAGE 49 — J ( AG 76 II I _jCrx Z L------------------ - - - - -- i I — i >$--------------------- - - - --- I II Q I cr m3 I Ir ~ °Z I 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 A =88 °55'37" R= 25.00' S89 °52'03 "E I I A =91 °00'27" 7 559.89 R1 = 25.0 0' W W L= 38.80' NORTHERLY RIGHT -OF -WAY LINE OF N.E 206TH STREET L= 39.71' R w _ o r o 3o N.E. 206TH STREET (SUNSET BOULEVARD ° SOTHERY RIH-OF -WAY NE PLAT BOOK 20, PAGE 49) S00 °52'3 W N5N OF N.E. 206TH STREET 1� 0 A =88 Y I I I I I Z m m 0A =91 °04'23" R= 25 X 9 � > � R= 25.00' L= 38.3 Ii 559 ?77 w a (z L= 39.74' Z HALLANDALE PARK NO. 8 I I I Ona w (D ,ol V PLAT BOOK 20 PAGE 49 n r 0 CL Lu SUN aI I LL �26 — 27 28 29 30 � 1— 32 33 34 35 36 37 38 39— 40 41 42 I RI T�2A�T 1 I < I a 2 1– 9 W = a NI 10' AL�r vEa v AT eooa 20 PAGC 49 — — —� P�PAGE 097 40 I Q i ? U g Z___ - - - -- POINT OF COMMEN EMENT o wl N p a I 25 24 24 22 21 20 19 18 17 16 15 14 13 12 11 10 g I I 6 ,O N 01 I ICI I = Y WI I x g Mi W I °I B co IZ ------------------------- -� - - -� a i I N.E_ — 205TH STREET L THE qME UDES PER PUT BOOM 1]J, PAGE V Illl I I THE PROMENADE SHOPS II I I PLAT BOOK 133, PAGE 39 II I I I II I I I I GRAPHIC SCALE I�TRACT "B"- AVENTURA JEWISH I I L_ 0 50 100 200 i� CENTER - PLAT BOOK 147 PAGE 63 I I PLAT BOOK N I I 147 PAGE 63 ( IN FEET) 1 inch = 100 M Drawn By DWF SKETCH OF DESCRIPTION Date 2/24/04 ^,a d. No 000600 S 1 11 1 .., Ref. Dwg. 297D -153 -1 Plotted: 2/24/04 — e 1 =100 Job. No. 040342 Dwg, N0.100OA -035 –C Sheet 2 0l 2 Exhibit B LEGAL DESCRIPTION: 10 foot alley within Block 18, HALLANDALE PARK N0. 8, according to the plat thereof, as recorded in Plot Book 20 at Page 49 of the Public Records of Miami —Dade 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—Dode 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 Aventuro, Miami —Dade County, Florida. — Bearings hereon are referred to on 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: 1 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 KILB3 y: --- - - - - -- - -- ------------ Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. Drawn By DWF -� No. 040621 -fDwg. 297D -153 P1omd: 9/14/06 10:50o DESCRIPTION, NOTES & CERTIFICATION FORuN, LEAVY, S MLES, 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 t1s flssurvey eom GRAPHIC SCALE ,° BO 160 E XHIBIT (INnET ) UT H I inch = 80 ft. BISCAYNE WATERWAYS FIRST ADDITION PER PLAT BOOK 126, PAGE 18 W NO AMY RK.IIT -OE -WAY LNE OF NE 107 STRM '1500101' K ,( lL K 89 °5 3" NORi EAST CO ER OF T9 1U -z 6 L �( � zo N p SOUTHWEST CORNER OF LOT 26 NORTH LINE OF LOTS 9 THROUGH 25 r `Ja J W zoof 25124 1 23 1 22 21 20 1 19 18 ( 17 1 16 115 1 14 1 13 1 12 11 110 13 9 Nao Q r O M t�__ O M e R C, W Z I I I I I I 1 I8 I 1 I I I 1 O N N LOT 7 > Co c' ww Q --I— L 1� L___ L� L 1� l� L L� I Z 3a LOT 8 L — 11 N89 052'03 "W N. E. 206th STREET _ 10.00' _ N NORTH N.E 1206TH0 STREET �E OF T W I a 7 7-I -7 r - Z 26 + t 1 27 28 1 1 29 1 30 1 37 1 32 33 1 34 1 35 36 1 37 ( 38 i 39 1 40 I 41 I tit 22 7L cc 1 I I I I loll W Drawn By DWF Cad. No. 040621 Ref. Dwg. 297D -153 Plotted: 4/1/04 SKETCH OF DESCRIPTION FFORTIN, 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 / Fax 305- 651 -7152 / Email fls @flssurvey.com Dare 3/29/04 Scale 1 " =80' Job. No. 040621 Dwg. No. 1004 -048 Sheet 2 of 3 NORTH Lw[ O SOUMRE517 S N 207th S STREET N SOUTH RIGHT -OF WAY LINE OF S S89 °50'24 "E � � PLAT BOOK 20, PAGE 49 1 1 0.00' 7 1-13 - - 25.00' i l 1 18 0 I I I 0 C, N r RM 26 27 29 3 30 31 I 34 1 35 3 36 37 38 3 39 40 41 0 O r r Z 11 r POINTIOF BEGINNING I i I 7 O b 5 89 °5 '13" Z 500 2� S SOUT EAST CO NER OF OT 42 i i u Q m UNYPROVEO 1 10' ALLEY PER P.B. 20. PC. 49 4 4 < <m 6 L �( � zo N p SOUTHWEST CORNER OF LOT 26 NORTH LINE OF LOTS 9 THROUGH 25 r `Ja J W zoof 25124 1 23 1 22 21 20 1 19 18 ( 17 1 16 115 1 14 1 13 1 12 11 110 13 9 Nao Q r O M t�__ O M e R C, W Z I I I I I I 1 I8 I 1 I I I 1 O N N LOT 7 > Co c' ww Q --I— L 1� L___ L� L 1� l� L L� I Z 3a LOT 8 L — 11 N89 052'03 "W N. E. 206th STREET _ 10.00' _ N NORTH N.E 1206TH0 STREET �E OF T W I a 7 7-I -7 r - Z 26 + t 1 27 28 1 1 29 1 30 1 37 1 32 33 1 34 1 35 36 1 37 ( 38 i 39 1 40 I 41 I tit 22 7L cc 1 I I I I loll W Drawn By DWF Cad. No. 040621 Ref. Dwg. 297D -153 Plotted: 4/1/04 SKETCH OF DESCRIPTION FFORTIN, 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 / Fax 305- 651 -7152 / Email fls @flssurvey.com Dare 3/29/04 Scale 1 " =80' Job. No. 040621 Dwg. No. 1004 -048 Sheet 2 of 3 Drawn By DWF Cad. No. 040621 Ref. Dwg. 297D -153 Plotted: 4/1/04 SKETCH OF DESCRIPTION FFORTIN, 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 / Fax 305- 651 -7152 / Email fls @flssurvey.com Dare 3/29/04 Scale 1 " =80' Job. No. 040621 Dwg. No. 1004 -048 Sheet 2 of 3 SKETCH OF DESCRIPTION FFORTIN, 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 / Fax 305- 651 -7152 / Email fls @flssurvey.com Dare 3/29/04 Scale 1 " =80' Job. No. 040621 Dwg. No. 1004 -048 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 plat 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 Aventuro, 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 N00'52'30 "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 Aventuro, Miami -Dade County, Florida. - Bearings hereon are referred to an assumed value of S89'52'03 "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 By: - -'�i —' = ------ - - - - -- Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. [Drawn By DWF Cad. No. 000600 . Ref. Dwg. 297D -153 -1 ' Plotted: 2/23/04 DESCRIPTION, NOTES, & CERTIFICATION FORTIN, LEAVY, ,SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 180 Northeast 168th. Street / North 1(iaini Beech, Florida. 33162 Ph. 305 -653 -4493 / Par 305 -651 -7152 — — — — — — — — — — — — — — — — — — — — — — — I 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 i I II ZI W I I I LOT 7 I> ( I I LOT 8 I - L �I wl N_E 206TH STREET S89 °52'03 "E _ 1 ING QI al 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 — — — — — — — — — — — — — — — — — — — — — — — — N00-52'30V 1 S00 °52'30 "E \ � -0 7 32.21 r EASTERLY LINE OF LOT42 2 al �I I HALLANDALE PARK NO 8 N89 °52'27 "W >YI 21 ,Y I PLAT BOOK 20 PAGE 49 10 00 lal o I a 126 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 0 0 OI _ _ _ _ _ _ _ _ WES�RY, EKf N51QN OF TH J ( Z plA RABOOK 140 I — — — — — — — 70—A LLEY V£R vul BOOic 20 P- 49�01�, T�1tRL7 �E3F � � PAGE 97 W wl I11 I 25 24 2',� 22 21 20 19 18 17 16 15 14 13 12 11 10 9 I I 6 0- L+Y I I O I I 7 I 1 �I L I � )I \ .------------ .----------- - -� - -- 8 / ( 1 N.E. 205TH STREET LHEPx-- R- 1------ - - - - -- FENioT9001c IM, PAM N I ss I THE PROMENADE SHOPS PLAT BOOK 133, PAGE 39 I ( I I GRAPHIC SCALE LL J 0 50 100 21 Mid N ( IN FEET ) 1 inch = 100 ft ------------- II II I I II TRACT "B" - AVENTURA JEWISH I ICENTER - PLAT BOOK 147 PAGE 63 I (I TRACT "C" PLAT BOOK 147 PAGE 63 1 I I Qj I I V F'I mfrLu tMM'IZ0 r�a "I °Urn Q0 < u W � r Z U i` I I I I I I I Drawn By DWF SKETCH OF DESCRIPTION Date 2/23/04 :'ad. No. 000600 " . I Ref. Dwg. 297D -153 -1 IPlotted: 2/23/04 Scale 1 =100' .lob. No. 040319 Dwg. NO.1000A -035 —B Sheet 2 of 2 WA EXHIBIT " E BOUCEVgR / /1 — sdn" u� a samovar �� — — ` . .� SECTION 34 -51 -42 29 3 33 34 35 3 40 4 41.42 I 1 ' 26 27 28 2 36 3 38 39 4 I 1 I ` � HALLANDALE PARK N0. 8 T ( L TRACT 1 I I I PLAT BOOK 20 PAGE 49 I I ( LAURANNA II PLAT BOOK 76 J L L--------------------- - - - - - --j P PAGE 31 II 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 i I II ZI W I I I LOT 7 I> ( I I LOT 8 I - L �I wl N_E 206TH STREET S89 °52'03 "E _ 1 ING QI al 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 — — — — — — — — — — — — — — — — — — — — — — — — N00-52'30V 1 S00 °52'30 "E \ � -0 7 32.21 r EASTERLY LINE OF LOT42 2 al �I I HALLANDALE PARK NO 8 N89 °52'27 "W >YI 21 ,Y I PLAT BOOK 20 PAGE 49 10 00 lal o I a 126 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 0 0 OI _ _ _ _ _ _ _ _ WES�RY, EKf N51QN OF TH J ( Z plA RABOOK 140 I — — — — — — — 70—A LLEY V£R vul BOOic 20 P- 49�01�, T�1tRL7 �E3F � � PAGE 97 W wl I11 I 25 24 2',� 22 21 20 19 18 17 16 15 14 13 12 11 10 9 I I 6 0- L+Y I I O I I 7 I 1 �I L I � )I \ .------------ .----------- - -� - -- 8 / ( 1 N.E. 205TH STREET LHEPx-- R- 1------ - - - - -- FENioT9001c IM, PAM N I ss I THE PROMENADE SHOPS PLAT BOOK 133, PAGE 39 I ( I I GRAPHIC SCALE LL J 0 50 100 21 Mid N ( IN FEET ) 1 inch = 100 ft ------------- II II I I II TRACT "B" - AVENTURA JEWISH I ICENTER - PLAT BOOK 147 PAGE 63 I (I TRACT "C" PLAT BOOK 147 PAGE 63 1 I I Qj I I V F'I mfrLu tMM'IZ0 r�a "I °Urn Q0 < u W � r Z U i` I I I I I I I Drawn By DWF SKETCH OF DESCRIPTION Date 2/23/04 :'ad. No. 000600 " . I Ref. Dwg. 297D -153 -1 IPlotted: 2/23/04 Scale 1 =100' .lob. No. 040319 Dwg. NO.1000A -035 —B Sheet 2 of 2 Exhibit D LEGAL DESCRIPTION: 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 NO. 8, according to the plot thereof, as recorded in Plat Book 20 at Page 49, all being of the Public Records of Miomi —Dade County, Florida, lying and being in the City of Aventuro 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 tongency; 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. 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. — Londs 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 mode 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" FORTIN, AV , S ES, INC., LB366553 By: — - - -�—= — — — - -- Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. LEGAL DESCRIPTION Drawn By ACS Cad. No. 4 _ 0 0621 1 i Ref Dwg. 297D -153 Plotted: 6/8/04 3:58p DESCRIPTION, NOTES, & CERTIFICATION FORTIN, 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 / Fax 305 -651 -7152 / Email fls @flssurvey.com Date 5/26/04 Scale NO SCALE Job. No. 040621 Dwg. No. 1 004 -069 -1 Sheet 1 of 2 104 °55'50' R= 25.00' L= 45.78' NORHTERLY EXTENSION rF7 EAST RIGHT WAY LINE 29TH AV UE N.E. 207TH STREET EXHIBIT "A" AVENTURA CORPORATE CENTER PLAT BOOK 158, PAGE 47 �NOR7H WAT OF ERWAYS SO WAY LI N m UL�AROE QD ATERwAYS BOVLE .� N/-6 °0036 „W VA13D 9056'26” E 290 40, 104.19' N 89 °5024" W 474.99' 1 27 28 1 29 1 30 1 31 1 32 ^ 3 11R H4 L1 35o 1 336 1 37g, 38 l 39 1 40 1 41 1 42 IF � XINING T a F 26 A =91 °0 '02" Q I R= 45.0`1 I I Z d ,OOST WERL Y L=39.75' L K 1$ F— Z NO THWECORNEROF �l0 26'pW IN�AK�10 �) I Q LOT 6, 8L K 18 _ r I EAST RIGHT OF I I [� � 6� i[ 2 P JQ T ,t� T— I J WAY LINE OF w P IN o 'ILA B O 2 f �' `G `t Q m N.E. 29TH AVENUE CL Lij S 'M UT HJSCT `"I. COF I I I I I I I I I I I F 7 Q 1 25 124 1 23 1 22 1 21 20 19 18 17 16 15 14 13 12 11 — 9 0-7177TT—Fi-7TT-17-1- ��1_�� 1��L1� 8 i N N. E. 206TH STREET w z(, o G50 o SCALE 200 16 CIO � K 1 117 I I I 1 I I; I- 2- 30 131 132 133 134 135 136 137 138 139 140 141 142 I 1 — ( IN FEET ) 1 inch = 100 It. SKETCH TO ACCOMPANY LEGAL DESCRIPTION Drawn By ACS Cad. No. 040621 -1 — I Ref. Dwg. 297 -153 Plotted: 6/8/04 3:58p ) SKETCH OF DESCRIPTION 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 fIs@_)fIssurvey.com i w Z ui 0 F Date I Scale I A =7 1458"- R= 1519.00' a O L= 192.20' m oiy 2 I 1 27 28 1 29 1 30 1 31 1 32 ^ 3 11R H4 L1 35o 1 336 1 37g, 38 l 39 1 40 1 41 1 42 IF � XINING T a F 26 A =91 °0 '02" Q I R= 45.0`1 I I Z d ,OOST WERL Y L=39.75' L K 1$ F— Z NO THWECORNEROF �l0 26'pW IN�AK�10 �) I Q LOT 6, 8L K 18 _ r I EAST RIGHT OF I I [� � 6� i[ 2 P JQ T ,t� T— I J WAY LINE OF w P IN o 'ILA B O 2 f �' `G `t Q m N.E. 29TH AVENUE CL Lij S 'M UT HJSCT `"I. COF I I I I I I I I I I I F 7 Q 1 25 124 1 23 1 22 1 21 20 19 18 17 16 15 14 13 12 11 — 9 0-7177TT—Fi-7TT-17-1- ��1_�� 1��L1� 8 i N N. E. 206TH STREET w z(, o G50 o SCALE 200 16 CIO � K 1 117 I I I 1 I I; I- 2- 30 131 132 133 134 135 136 137 138 139 140 141 142 I 1 — ( IN FEET ) 1 inch = 100 It. SKETCH TO ACCOMPANY LEGAL DESCRIPTION Drawn By ACS Cad. No. 040621 -1 — I Ref. Dwg. 297 -153 Plotted: 6/8/04 3:58p ) SKETCH OF DESCRIPTION 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 fIs@_)fIssurvey.com i w Z ui 0 F Date 5/26/04 Scale 1 " = 100' Job. No. 040621 Dwg. No. 1004 -069 -1 Sheet 2 of 2 BROWARD COUNTY � 17 DADS COUNTY ■�P' v%, %Tywir&- v%-r "wgrh'4' COVE Gulfsrream YACHT CLUB DR. ■ Park ■ l� ! ■ MARINA • jjjjJJJ HARBOR C RCLE • ;r Nospiral �� J % WAY ■ & nreial �� I I '�Q MP 1N�F Np( ■ ® fir--- Subject Site \i ;� � � � Ytaterwnys ■ WATERWAYS Bi V� shoppes 207 ST. ■ ;■ ■ w ■ Q CLUB DR. COUNTRY C ■ .r i ■ The Promenade e- \l slops o ■ IVES DAIRY RD. ■ 203 ST. `� O�<L ■ ' ■ �N d Fes. , T9 1 I • ;■ 201 TER rn �� • ■ N O Turnberry'Isle z ■ _, IO m Pe,coa t'& Club ■� 1750 PONCE DE LEON BOULEVARD, CORAL GABLES, F LOWDA 33134 305 447 -0900 • FAX: 305444 -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 #4 01- REZ -14 Pa CORAL GABLES • FORT MYERS Mr. Victor Ballestas RE: ParkSguare Aventura Traffic Engineering Services - 413114 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, 91h 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 r CORAL GABLES • FORT MYERS Mr. Victor Ballestas RE: ParkScivare Aventura Traffic Engineeriny- 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. /Espla, 4. PE Vice - President — Transportation Attachments wA13 \13114 \tgen oct 28 2013 \parksquare aventura trip generation comparison letter_october 28 2013.docx CORAL GABLES • FORT MARS uj 11 X V Q a �p O lit .g a P. V .a te yo z � 0 2 U a d Q d d o � c n J ° i x a ( ° of 3 4 A C w C 5 m well 1 O O a` a 3 4 A 5 m well 1 E Ez t r h r 6� n N A Y Y T T h o � � r EE ^Ln r W y .e yy aw M d• Ew ° Z w w w C 6 � 3 4 ) \ ! Q Lu c£ ) � ow�� z »2 2 Q Soa � �I Q ) } J 9 ! !� \I} , , G . ®:! ^ .,, ƒ ( a ƒ ! 2 ! ■,x,07 =•!!%, . � � \ ) Summary of Multi -Use Trip Generation Average weekday Driveway Volumes (Unadjusted for Internal Trips) project: Park Square Aventura - Approved Project Open Date: 3e: 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) eject: Park Square Aventura - Proposed Project Open Date: se: 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 Total Peak Hour Pass -By Trips Total Peak Hour Vol. Added to Adjacent Streets 339 152 0 0 339 152 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 .,uperintendent 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-brzoning law. com Miami -Dade County School Board Perte 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 to99intact 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 / I ` 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 Miami Dade County Public Schools Miami -Dade County Public Schools MDCPS Application Number: Date Application Received: Type of Application: Applicant's Name: Address /Location: Master Folio Number: Additional Folio Number(s): PROPOSED # OF UNITS SINGLE - FAMILY DETACHED UNITS SINGLE- FAMILY ATTACHED UNITS MULTIFAMILY UNITS: Concurrency Management System Preliminary Concurrency Analysis PH2813100400889 Local Government (LG) 10/4/2013 3:27:27 PM LG Application Number: Public Hearing Sub Type: Waterways Town Center NE 207 Street at NE 30 Avenue, Aventura 2812340064610 147 0 0 147 Aventu ra 01- CPA -14 Land e *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 >CHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305 - 995 -7634 / 305 - 995 -4760 fax / concurrency @dadeschools.net Net Available Source Facility Name Capacity !NO 231 _64 12 �ELEMTCOMp ATERWAYS K -8 CENTER, Current CSA I0 231 (ELEMTCOMP)ATERWAYS K -8 CENTER 0 12 �10 INO ` F ar ePlan SA Five '232 AVENTURA WATERWAYS K -8 CENTER (MID COMP) -11 { 7 0 NO Current CSA 232 AVENTURA WATERWAYS K -8 CENTER I(MID [" F10 INO IICurrent CSA Five COMP) ,, Year Plan 6241 OAKS MIDDLE -5 !0 NO Current CSA 6241 (HIGHLAND 1 HIGHLAND OAKS MIDDLE 0 7 0 �_'__ ,NO YearePlan SA Five 7141 DR MICHAEL M KROP SENIOR __ _ _ [-284 _ il' ___ _ I O _ INO Current CSA DR MICHAEL M KROP SENIOR j 0 7 0 NO SA Five +7141 e areP an 2441 [ELEMENTARY IRGINIA A BOONE HIGHLAND OAKS 35 12 12 j �� YES i Adjacent CSA 6023 ANDOVER MIDDLE 140 �7 �17 YES Adjacent CSA F7381 MIAMI NORLAND SENIOR X580 y ' 7 ��YES 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 >CHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305 - 995 -7634 / 305 - 995 -4760 fax / concurrency @dadeschools.net 'i APPLICANT REPRESENTATIVE AFFIDAVIT y, Pursuant to Section 31-11 (b)(2)(1) of line, City ofAventuia land Development Code, this Applicant Represer!tative Affidavit is hereby made and subrniflod_ The undersigned authorized representative of line individual or entity applying for the Developrneril Prrrnil, wkh is iderinfled in the accornpanyhig applicaliori, and the owner of the property sublC'(I It,, Mir) application (if different) hereby lints and identifies all persons represc iling the indm(hial or E titily applying for Itie Deve;oprnrxrt Permit In connection will,, the application, as ioliows� Name -_ -- Re/afionship tie- Attorneys, Architects, Landscape Architects, Engine8rs, Loboytsts, Etc. j +i r _ 7 r v> .0 (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF TIIE 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 INCOMP LET '\Y' ' ,NIT`;ESS M'Y t Aft THIS r! '\ DAY CF ��CJ1 N agi Tf 40EZI7 RR RE z iAT /E OF APPLICANT OWNEiy" �' v �. o Srr)na7tlrt'1 _ rrl.'i CM pile: 0'5�-�G__�_. Name" tG Nit1z2 r (F ?rrnr) ( Print -- — — it Title. �l3 StrY 2�� Address ! © prESS .. __ I FL \ STATE OF FLORIDA COUNTY OF MIAMI- DA.DE) Sefnre me the undersigned authority personalty appeared Q Lp! ._` �� as d e a ihorized representative of the Applicant and/or the owner of the property subfect to the application, who being first by %e "du � ��, swear or affirm that he/she executed this Affidavit for the ur oses stated therein and that it is Inie and correct. � p SWORN TO AND SUBSCRIBED BEFORE ME this —_ day o0r* 6--(1 Notary Public State of FLct a At rgg Printed Name of,lotarycz � My commission 40:= COht ! "yI�lv N I ; FF202515 ,r E;;TIRES: 1he1(i,Y 29, 2016 Ak'VV AAWNNOT,,RY.corn BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31 It(b) {2) {ij of the City of Aventura tend Development Colo- The undersigned ANtant hereby discloses that irr,ark wit ?, "x' of p ^.able portions only) j ; Afffan does rot have a Business Roiationshlp with any mernber of the (; fy Commission Or any {city Advisory Board to w71iCh lie application will be prosEnted. { ! t. Affiant hereby discloses that it does have a Business Relationship with a mrember of the City Commission Or a City Advisory 90ard to which the application wilt be wesented, as follows- __, (Lisa acme of Commissioner or Advisory Board Member) w; o serves an the (L.ist City Commission or City Advisory Board r,po;r which member servPS). The n2iure of the Business RelatiC,nsli p is as fd!cxvs. Member of City Commission or Board holds an owneish i in!erest rn excoss of 1% of total assets or capital stock of Applicant of ReoreseNative; ii. Member of C,'y Cor,linission or Board is a partner, W shareholder (as io shares of a corporation which are not listed on any ar<'alnlal or regional stock exchange's or joint vantaror with the Applicant or Representatives fn any business venture lit. The Applicant or Representative is a Client of a mernber of the City Commission or Board or a Ctient of another professional working frorn the same offloe or for the same employer as the member of the City Commission or Board; O iv. A City Carrm;ssioner or Board member is a Client of the Applicant or Representative, j v. The Applicanl or Representative is a Customer of the member o` the City Commission or Board {or of his or her ern {t[Uyer} ar,,ef transacts more than $10.000.00 of the business of the member�i the City Commission or Board (or his or he, ernpfoyer) in a giver calendar year; } vi_ The member rrt the City Commesion or Board is a Customer of the Applicant T Represerwive and transacts more (t yhan of fife business of the A)plica ,r Representative in a given calendar year. J4''TNES§ i,�,nY- .ND IHIC /-- DAY OF „ ( 1� __.. 2 7 �of!Y � °a Joau Pay ��a tr�nda ,,,.• 2,C0 iv B _ (Srgn7lurel v• �: N 5 Fr , - � f Nantn:_ Ih'ITN SS PP HAND THIS � � DAY OF ,0 2f; ...t FRCN(�RTY Ci+,% R,' 1 —, o..,,t,.; u;.. _ rf By_,, Name: 6. gnakr, e) 0#0 ,(Piin!) 'Th(; lervts '8t�.sirtes.5 RC�tctlir)n`,i1i " "L'/ieriG "i usli�rner; " 'Apphcanl; " Wepreserrtalrve" and '7n/eresled Person" are deFrred in SeCior) ? -:3,95 of Me AveMur�i City Code WITNESS MY HAND THIS DAY OF RE PRESENTATIYZ,(Lis(ed on Business RelationsbipAlfidavil) Bye-, Narne, Title: (f)rilo By- , . ........ Name: -(Pnni) Title:— (Punt) By (5, fgfwwote) Title:_ Title . .... ... Title: By- , . ........ T tlp ....v_..._____ Narne Titip:--- . . ......... Title: Title Title: 20A -3 By Narne. By;_.. Name; Title, (Si9natiffe (Pnn�) (Print) By: Narne Title: - -- (!tint) By Title: By: . . ..... (5;q(1?i3hJtr2 Title-1-1 . I--.--.,-- (prial) Title (pillit) BY ...... (Siqnaluie Title, NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiallu,; are advised to timely supplement this Affidavit pursuant to Sec. 3 1-71 (b)(2)(iv) of the City's Land Development Regulatinw,, in the City Code, in the event that prior to consideration of the application by the City Board or (:oInfilission, the int,01-filation providod in the Aftldavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA CCtJ,NrY OF IMAWDADE) qefore ire, the undersigned authority, personally appeared KIP, the Aff!ant, who being first by me duly sworn, did swear 3r affirm that hpAhoa exe—,uted this Affidavit lot fhe pun poses Valed thefoin and that it is trio and rxirre(l AFFIANr SWORN TO AND SUBSCR413E-D before me this a`41i3ay [0=�"�Notsry Public State of Florida K Diana =R iana Ramos M C I i My Commission EE082284 Expires 110 016 Note Public tote of Fkrida At Large Expires 04110/2016 Printed Name of Nolwy My commission expires:, --------------- ------- -------------- ----------- ---- -_ ------- ----------- S'ArL OF FLORIDA ( OuNTV OF %41441-DAIX) Befcge me, the u.ndeisVed authority, personally appeared jtgioa &Z I � . I. M10 tei g fit y iY sw n did 5weaf of affirm that he/she purposes stated therein and that it is true aqd cerreol, (�Keculed this Affidavil lo�- M6 purr all SWORN TO AND SUASCRIH[ D before Rip this day of,U,�04V' 2% Notary Public State of Florida 4 �)Naf i f Diana Ramos Nola blic S of Florida At Large — 0" My Commission EE082284 0 'NCip Expires 04110/2015 Pnded Narne of Notary Mycriminission expires --- ------- . . ....... ...... ............. ......... ------- --- ------- ...... STATE (T FLORIDA I ,;OUNTY OF MIAM1,0ADE", Belore rne, the widersigried authority, personally appeara�l the Ar fit' .0 boiriq first by in(, duly sworn, did Swear or Affirm Shat he/she executed this Affidavit lot the vurnoses stated therein and that it is tive and confect AF- SWOPN TO AND SUB1,3(,RIffi_7D bef(ye me INs, do G�� 2 yet _2 6; Y29 2016 Notary Public Slate of F1 "NI 41 'Rycom Printed Nameof Notary Zfstic% A-J My commission expites"'I'- ........ .. STATE OFFLORIDA -,OLJNT'y OF MIAMI -DADS; Before me, the uodersigred authonty, personally appeared -1, who being fist by me duty swtiril, did swem of affirn, iflal: helshe .. . ........ . the Affai oxLcijled this Affidavit!or tte purposes stated therein and Mat if is tue and oorrect. SWORN TO AND SUBSCRID ED Were are this . __ day of . _ - _ 200, AFFIANT Notary Public State of Florida At Large Printed Name of Notary myWrimissionexpifes;_ 'V BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit ra made ptrtsuEtnl To Sec[nn 31.71(b)(29ii) of the Crly of Aveslura LMd Dpwgopmcrrq L;. pie (hrt� urtteas �iir�� ArtrAirr I }envy ue cSOSCS th &l frnra'k will) "740P ;akde txxiiors Only; War-,! dws not have a Business RetHNor ;strip with any friamber f II)e (AY Ccbnmrss'rw of wly `Ay Ativisory Board to whlCCr Ilia apphrWA will t* (;resealed i AlGani hereby (jiset.iAm thal Lt dafts 1 a 9usinms Refat rrshlp with a nH3nlbef of titP City CaAnnnsaion or a City A.dvr4ory Board to which the arlp[iCatiiN tiv fl be prosetlled, m IG!hrks __.,..__.. {List name, (N Commissioner of Advisory Board A*.Irbor) 4, serves m) it, __..... _. ...__ .... _ .__, tbilt C.4y 0M, 6890? or City A.dwKn Bowl iipo n which rnerr#tr selves) The itArre 01 fho Business Relalifxmil p is ,is fdfoows i I Member Of City Commission at Board holds an tfwhanihip tnt(_,,ro,"i rn excros 0 1% of totai assets Or f:apital sltYr� of Applic d or f7efaesnrrtativa; member of City Comraissim or Berard Is a puffner, en- srtsxetrgkfAr Ias to shares of a wtportlprs wHoh are net listed on any nnuonal or regional stock rtxchwlgs) Of joint varrluraf with the Arltilicanl or RMSrescantative rn any twsiness veahnn; I ii. The Applicant of Representative Is a Ctent of a irternber of the City Gcrtnrressror or Board or a Chen, of anothta prolessiofwl working horn the same office of for the saille employer as the rntcttwr of Ilia City Conrmisuiae of Board. ( j rY A City Cramrrrissio of Of Board nrrsrrIx, is a Client of the Apix;eant of Representauve, I i v The Aprnf wl of Represerifattve is a Gushxner of the morlitiet of the Cdy Gomnaissm or Maid (or of his of her employer) and transacli /rota Oran $10.OD0 DOGE file business of the mpmbt r of the tirty Connruissian or Beard (ar h of tier ennptoyr) in a given ealersdt r yerer ( y w The rrsefrnber of the City Cornmissan or Board is a Customer of the Appticaat a Repremmativc, and transacts more than $25,OM 00 of (lie business of tt)e Applicant or Ropr&sontative it a given calendar year ITNES,S MY NANO THIS x '1 --DAY OF �C � � � #�..... 200, Slt , 13 FR1 f 141 _ ...... _... (flint) WITNESS MY NAND THIS PROPERTY OWNER DAY OF 00 By, Name: Title _ _ _ Amll `the terms Wds/ness rreyetiOrrshil� ° Client," 'Cuslomer: " Aplirrml, ` "Repesenlelive' rrrrd 'Interested t'ersar" are delijied in Se airrrl2.395 ofthe Auetduta City Code. %)AT KI _ZA I I q_qLR,_Qyj5! Y rA I'] I, GPIDA iN7Y qt MIAMI DN)F. 1;efifse 1116, Ine ori6j,"speo au%wy, jws4fally av)waaball A ACsm to fie., dd swpa, Iu affair, ow fti"Qi1elt VISA AKIMIO k>, mp 1)sApow, suew'd 1wer., aitvtw,t is frc.olIM4 "wo,"I 3,W(ffifj To ) ANO Notary Public StaW 0 Vivida Kay""' Susan usan P Kay M ,i,), NrAwLplo� State of V�ida AAis,qo My Curt)fnISSibir, rC 160095 E E P._. 0 06,20,6 xpirOie 04�10612&16 -41fird04 N&AX! fit Nwmy my 'A I, FL jRlfjA ,00NT ' Of' MIAMI DAIU't (iM,L'i'0 Foe, IIV' W.&TVqn(ld aHheaity, pe.VPajly au(itta(etf Ine Affwj, wVK; bormq JjAi by nu rfi ty d,4 q-&, rY ff,, III,., I,, ottif-vtoo flus Aff4wfil ky the Ivo C,w AIFI, IANI SWORN TO AM) SIJnSCPJHf ) tiotro nit, jhjs IAY of Negary - w Stale of Floilibi; A4 I. mpe flomed Noma of Noull v My ewovm i A, � Of A RIDA f C,011NTY O£ MIAU DAD(1{ stym,� 6umwrt. j wswkoy lire AUrit 4c by (I first by too j,ily VAun dvj ,wga• ar efirM (eat l4eCSnE uoaltm 6c6 AfKJOVII fix off purprrm svow toorol j"cithahl is 4ufj and r.oqmj A r F I-A-H-1 - I . SWORN 1`0 AND 81JBSSCRIOF.A) betwt tuo, lhis . My of Notary PW;-- SI& d £[;xida Al Llaq., Ppnted Nano of i4otq(v My agrimpsow oy.prft: STAIi. OF 41,.0Ri0A t YjNry CY MIAMI GkrX-1, [Iff(Me too, It* uftersigned suftrity, f*tson* appLwad the Attaqf, veA bfnN first try p.,I) duly sworn do eterAAE11 ttis Affidakif Its the p4qK4es stalflorottNo, W 4 and x ,Wthsidt true I rvr, I AFP(ANT SWORN 1'0 AND 811WRIGE-D hokxo im ow, (My of 20 Nit" ptWft pesnl,WNane of Fkttpry My runfosmar, engas. WITN - S MY ANt11HIS DAY fr,�?�..... '�e'� 1 Tole, OF �%� _ .,"9ff _ff'Yrt7ri 8y' By PRESENT WE smessReia(ionalttpAffidavit) Tile: TtlE By jrrrrr) iCF !°t�fiSfJ i%9 Titre (!''tntit Tale By, _ .. _ -- tSJr� r;7tttIG1 By fly Kjrl,Ntrrr Tole, Name Title _ff'Yrt7ri 8y' By I tile, „_.._.__ Tile: TtlE Title _ By rWe T-0.......__ (l�nitfl Ry Title. I ite� rF1,;r,tl (111im) By .. _ Kjrl,Ntrrr Tole, Name Title _ff'Yrt7ri 8y' By Title - Tile: TtlE Title _ jrrrrr) NOTE t) Use duplicate sheets if disc losur Wormation for Reptesentative varias ') Applicants and Affiants are advised To timely suppltnlerit this Affidavit pursuant to sec. _i(- 71(h)'(?)(iv) of 1110 cify's Land OevelovMent Regulatiam in Nhc City Crtrte. in the evc,T( that prior to ct)nsideratirsn of the application by Tire lily Board or ContrtliSS"l, the ini;tratatfon prtirviticri in the Affidavit hc�cornc% incorrect or it wmple(e, Tole, (l'rmtj Title _ff'Yrt7ri 8y' Title - (Fl,utti TtlE (1'rattl NOTE t) Use duplicate sheets if disc losur Wormation for Reptesentative varias ') Applicants and Affiants are advised To timely suppltnlerit this Affidavit pursuant to sec. _i(- 71(h)'(?)(iv) of 1110 cify's Land OevelovMent Regulatiam in Nhc City Crtrte. in the evc,T( that prior to ct)nsideratirsn of the application by Tire lily Board or ContrtliSS"l, the ini;tratatfon prtirviticri in the Affidavit hc�cornc% incorrect or it wmple(e, WITNESS MY HAND TH15,? y DAY OFDX X!J�!L _, xt$ REARESE AT VE. t don Business Reialion ship Affidavit) G�- BY r.... 15rtjniilrrr01 By _ (Sgjnaturr Name V H G '�1 f1D /} _(fr,nrl NAme f/ TttR BY. ___._ ._._.._.__.__.._____- (ti92`wrrC'j Name. (I3vN) iitle ._._......._- __. — ...._ (Prnn(1 BY. ___._ ._._.._.__.__.._____- (ti92`wrrC'j Narne: . ___.._..- ..._.. - 0)fhq) _ ......... Title: By Title...._.._ ......_...... _...____._�_._.._.._..M(F'nnf,! Title Tltle_.....__ .....__._._..._.._________._._. - _. (Proo BY' _..___,..-....__._ ... ..... ....__ ..,.......,.___.:..(Sr'gnaturel BY. ....._..._....... -__. (Si(palure Name: Title' BY Name Title: TOR-- - - -- Title: Tille:.., .......... ..._.._._._..._._._,_.._ Title Title NOTE 1) Use duplicate sheets if disclosure in(ormatiori for Representative varies �) Applicams and Affients are advised to timely supplement this Affidavit pursuant t <a Sec, 3 1- 71(b)(2)(iv) of the Cii)'s land Dtvelopment Ref;ulalions. in the, City Cwle, in the event that prior to consideration of tile application by the City Beard or Coniinission, Ihr inf rrmation pruvidcd in the Affidavit become% incorrect or incomplete, NOTARI ATiON,j2_Q�1j�10i ;rare ar rir.)clsgA I INTY 0' xi!A).!I- UAf.)EI y/� � �� , IIMUXe mo, the undem9aed null mly, rye,rnnetty appeared `� I n the Athant. whu tl! fif91 y,{/mp swan` (fid Sweni m Minn II1al twgt e OeH,uled IhK AtMemf iX nie p,NprAes,tated 010((Hf, and the! it it te,10 and fx all f/ / /// . J/ l..,..... RosAni n. e�uvines - r�� Af'FIANT Navy k • SI I Ior1E� WS.)ITNroANI t,w.N. %r My comm!ssa, arras, STATL OF H- '1RIOA I (;;)TINT`! OF MIAM6DAX) Before me the ondersgned m!Ihnrlty, P01110hally aWmed ._,. ... exaaater: dais Affidavit fn pia purrmes staled Iharoin and that 8 is Irue alto correct . hm Alllant, who being Net by me duty swan dai sweat or n!fnm Ihel I +arslio A6FIANT .. WiPORN TO AM) Sl1(iSi ;Rlf9t:f) De4ye me I N4 _ _ day of __ .200_, Notary Public Stale of F Made M Large Printed Name DI Wary _.. My cot>ttlissian expires. ,_ .... _ .. ,....._. ........._ -._,.. ....,. ._...,.......�...,..._.., .- ...._,,...... ----------- .... .. SIA,',Or I'lORIDA I COUNTY Of' M14fl QAGI:} Rc?ure me, !,M! widorsr,(w.d nelhofily, prysosayy appeared _ __.. ..... die AIJW, who bnir tt fall by mri tally sworn, d4 swrrar at sfs.rm that ?IeiShe exmited this Affdan! 1(y the N100sas stated therein ar¢1 that it is hue and coved AFf IANT SWORN TO Alap bek•,e me pis . day of ., 200, Nolmy PubGa Stah) M Ffdndb At largo Pnmed Niulya ni Notary My comnvssit)n expro8:.._. .._ STATE Or fIORIOA COUNT- Or MIAMI JADF.1 Before nlw, the uneemigned audiorlty, personally appeared _.... -_.. ..... (he Mani, who being hlSt by nw duty Sworn did swear (y arfnin 111(11 1!ril61le exer.0w) this Affidavil for 14 pwpoaes stated therein And W1 it is he and (:tweet. SWOR14 TO AND SUBSCRIBEI) hebro rnn this _ _ day of 200. AFFIANT Notary PabIm Stale of F bids AI Large Printed Name of Notary MycamrFSSkarnxlprna.,, ...,_. -._._ 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 Ordinance No. 2014 - Page 5 PASSED on first reading this 7th day of January, 2014. PASSED AND ADOPTED on second reading this 4th day of February, 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 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 Luz Urbaez Weinberg Vice Mayor Howard 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 Luz Urbaez Weinberg Vice Mayor Howard Weinberg Mayor Susan Gottlieb Ordinance No. 2014 - Page 5 PASSED on first reading this 7t" day of January, 2014. PASSED AND ADOPTED on second reading this 4t" day of February, 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 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 of 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 'D age 49 of the Public Records of Miami —Dade County, Florida. 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 �6 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, Florida. 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. CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City Manager BY: Brian K. Raducci, Finance Director DATE: October 31, 2013 SUBJECT: End of Year Budget Amending Ordinance — FY 2012/13 1St Reading November 5, 2013 City Commission Meeting Agenda Item —A 2 "d Reading January 7, 2014 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2012/13 budget. This budget amendment is expected to have little to no impact on the FY 2012113 overall budget or the carryover utilized in the preparing the FY 2013114 budget. BACKGROUND As you are aware, the Finance Department is preparing the City's official books and records for the upcoming FY 2012/13 year -end audit. Now that most of our year -end adjustments have been posted, we have the necessary information to formally amend the FY 2012/13 budget. This "clean up" amendment is a normal part of our year -end fiscal operations and is prepared to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of our actual expenditures. This Ordinance will appear on the November 2013 and January 2014 agendas to comply with, Section 166.241 (4) of the Florida Statutes. Although this section requires all budget amendments be made "within up to 60 days following the end of the fiscal year," we will be unable to have the ordinance on second reading until January 2014 as there is no December meeting. This process is consistent with the City's past practice as the Ordinance will appear on first reading prior to the November 29, 2013 deadline. We are only required to amend budgets when a Department's total budget has been exceeded. In all cases, we will only amend the specific expenditure accounts that are primarily responsible for the amendment and in some cases, associated revenues may be increased to justify the overage in expenditures. Listed below is a summary of the amendments for the City's General Fund, by department and the circumstances that support each recommendation. General Fund — (001) — ($994,382 net increase) Legal (0601) — ($85, 000 increase) 3120 — Prof. Services - Legal Requires an $85,000 budget amendment due to highe primarily related to the Red Light Camera Intersection Williams Island POA litigation. This overage will be o Unified Communications Tax revenue (3149000). Public Safety (2001) — ($350, 000 increase) r than anticipated Legal fees Safety Program and ongoing ffset by $85,000 in additional 3190 — Prof. Services — Traffic Safety Program Requires a budget amendment primarily due a projected overage of approximately $350,000 in Intersection Safety Camera Program processing costs due to higher than anticipated activity experienced during the year. This overage will be offset by $350,000 in additional Intersection Safety Camera Program revenue (3542000). Community Development (4001) — ($267, 000 increase) 3101 — Building Inspection Services Requires a budget amendment primarily due to a projected overage of approximately $267,000 in Building Inspection Services due to the following: ✓ higher than anticipated activity experienced during the year which will be offset by $88,000 in additional Building Permit revenue (3221000) ✓ it appears that this account was inadvertently budgeted at only 55% of Building Permit revenue (3221000) instead of the 70% that we normally use. This likely occurred towards the end of the budget process when certain assumptions may have been revised as better information became available. It appears that we may have revised our preliminary budgeted Building Permit revenue (3221000) account without making the corresponding change to the 3101 — Building Inspection Services expenditure account. The $179,000 true up to the expenditure that is now required will be offset by $179,000 in additional Half Cent Sales Tax revenue (3351800). Community Services (5001) — ($98, 000 increase) 4854 — Summer Recreation Requires a budget amendment primarily due a projected overage of approximately $98,000 in Summer Recreation expenditures due to higher than anticipated participation in the Program that was experienced during the year. This overage will be offset by $98,000 in additional Summer Recreation revenue (3475000). 2 Capital Outlay— ($194,382 increase) Public Safety (8020) 6418 — Buffer Zone Requires a budget amendment of $194,382 for the expenditure of capital outlay funds for security equipment related to the FY 2010 Buffer Zone Plan and Vulnerability Reduction Purchase Plan at the Aventura Mall. This expenditure was offset by $194,382 in grant proceeds offered through the U.S. Department of Homeland Security and the Florida Department of Law Enforcement (3312200). The budget amendments outlined above, are expected to have little to no impact on the FY 2012/13 overall budget or carryover that was utilized in the preparation of the FY 2013/14 budget. Based on this analysis, I recommend approval of the attached Ordinance. 3 CITY OF AVENTURA GENERAL FUND 001 FY 2012/13 BUDGET AMENDMENT REVENUES OBJECT 2012/13 2012/13 2012/13 CODE ADOPTED AMENDED REVISED NO. CATEGORY AMOUNT AMOUNT BUDGET 3149000 Unified Communications Tax $ 2,524,505 $ 85,000 $ 2,609,505 3221000 Building Permits 3312200 Federal Grants 3351800 Half Cent Sales Tax 3475000 Summer Recreation 3542000 Intersection Safety Camera Program Total Revenue TOTAL AMENDMENTS - REVENUE 1,450,000 88,000 1,538,000 - 194,382 194,382 2,200,000 179,000 2,379,000 445,000 98,000 543,000 1,050,000 350,000 1,400,000 $ 7,669,505 $ 994,382 $ 8,663,887 $ 994,382 CAPITAL OUTLAY - (80XX) EXPENDITURES OBJECT 2012/13 2012/13 2012/13 CODE ADOPTED AMENDED REVISED NO. CATEGORY AMOUNT AMOUNT BUDGET LEGAL 106011 CONTRACTUAL SERVICES 3120 Prof. Services - Legal Total Legal PUBLIC SAFETY (2001) CONTRACTUAL SERVICES 3190 Prof. Services - Traffic Safety Program Total Public Safety COMMUNITY DEVELOPMENT (4001) CONTRACTUAL SERVICES 3101 Building Inspection Services Total Community Development $ 265,000 $ 85,000 $ 350,000 $ 265,000 $ 85,000 $ 350,000 $ 400,000 $ 350,000 $ 750,000 $ 400,000 $ 350,000 $ 750,000 $ 800,000 $ 267,000 $ 1,067,000 $ 800,000 $ 267,000 $ 1,067,000 COMMUNITY SERVICES (5001) OTHER CHARGES & SERVICES 4854 Summer Recreation $ 300,000 $ 98,000 $ 398,000 Total Community Services $ 300,000 $ 98,000 $ 398,000 CAPITAL OUTLAY - (80XX) Public Safety - 20 -521 6418 Buffer Zone $ - $ 194,382 $ 194,382 Total Capital Outlay $ - $ 194,382 $ 194,382 TOTAL AMENDMENTS - EXPENDITURES $ 994,382 ORDINANCE NO. 2014 -01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2012/2013 FISCAL YEAR BY REVISING THE 2012/2013 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2012/2013 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2012 -13, which Ordinance adopted a budget for the 2012/2013 fiscal year, by revising the 2012/2013 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Ordinance No. 2014 -01 Page 2 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2012. The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg absent Vice Mayor Howard Weinberg YLS- Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Howard Weinberg Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 5t" day of November, 2013. 2 Ordinance No. 2014 - Page 3 PASSED AND ADOPTED on second reading this 7th day of January, 2014. TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 3 SUSAN GOTTLIEB, MAYOR MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared M. ZALDIVAR, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k /a Miami Review, a daily (exaapt Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING 1/7/2014 CHATEAU AVENTURA LLC - 05- VAR -13 & 01- MRC -13 in the XXXX Court, was published in said newspaper in the issues of 12/20/2013 Affiant further says th-' th a d Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertiset for publication in the said newspaper. "q 7 Sworn to and sul#soffed before 20 Av of DFSF'MBER / -XD. 2013 (SEAL) M. ZALDIVAR personally known to me .......... �.r. a , B. THOMAS Notary Public -State of Florida c My Comm. Expires Nov 2, 2017 s �� , °= Commission # FF 034747 " + "` Bonded Through National Notary Assn. CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, January 7, 2014 6:00 p.m. Applicant Name /Number: Chateau Aventura LLC 05- VAR -13 & 01- MRC -13 Applicant Request: Variance from Section 31- 143(f)(3)b. of the City Code to allow a building height that creates a shadow on adjacent property; where the City Code requires that all buildings exceeding 100 feet in height shall be situated such that the shadow created by the sun at 12:00 noon on December 21 will not fall on any adjacent property except for public road rights -of -way; and Variance from Section 31- 172(c)of the City Code to allow driveway separations of 82 feet 10 inches on NE 185 Street and 25 feet on NE 28 Court; where a minimum driveway separation of 150 feet of landscaped frontage in required by City Code; and Variance from Section 31- 221(i)(2) of the City Code to allow a 0 foot wide perimeter landscape buffer along the loading spaces on the north limit of the property; where a minimum 7 foot wide perimeter landscaped buffer is required by City Code; and Modification of Declaration of Restrictions in Lieu of Unity of Title to allow a maximum building height of 24 stories or 241 feet 7 inches, all for a proposed 205 unit condominium building on property located at the northwest corner of NE 28 Court and NE 185 Street, City of Aventura. Location of Subject Property: Northwest corner of NE 28 Court and NE 185 Street, City of Aventura Legal Description: Tract A, Merco at Aventura, according to the Plat thereof as recorded in Plat Book 166, Page 58 of the Public of Miami - Dade County, Florida, City of Aventura Plans are on file and may be examined during regular business hours at the City of Aventura Government Center, Community Development Department, 19200 West Country Club Drive, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing process. The Public Hearing will be held in the City Commission Chamber at City of Aventura Government Center at the address above. Your comments may be made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/property on correspondence and mail same to City of Aventura Government Center, Community Development Department at the address above. For further information, please call (305) 466 -8940. In accordance with the Americans with_ Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466 -8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, MMC, City Clerk 12/20 13- 3- 210/2201944M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared M. ZALDIVAR, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k /a Miami Review. a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA NOTICE OF PROPOSED ORDINANCE in the XXXX Court, was published in said newspaper in the issues of 11/08/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this a #n ent for publication in the said newspaper. Sworn to aryl- <bjcribed before me this 08 d9( Of NOMEVIBER / , A.D. 2013 (SEAL) M. ZALDIVAR personally known to me 1r .�..�.. S. THOMAS Notary public - Bute of Florida • e My Comm. Expires Nov 2, 2017 or Commission N FF 034747 Bonded Through National Notary Assn. "T' of L9CC8 CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCE NOTICE IS HEREBY GIVEN that on Tuesday, the 7th day of January, 2014, at a meeting of the City Commission of the City of Aventura to be held at 6 p.m. in the Commission Chamber in the Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, the City Commission will consider the adoption of the following Ordinance on second reading, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 20121 2013 FISCAL YEAR BY REVISING THE 2012/2013 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the City Clerk, 19200 West Country Club Drive, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the City Commission on any item at this Public Hearing may do so after the Mayor opens the public hearing. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 305- 466 -8901, not later than two business days prior to such proceedings. It a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, MIMIC City Clerk 11/8 13- 4- 210/2182875M