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02-04-2014Local Planning Agency Susan Gottlieb, Mayor Enbar Cohen Teri Holzberg Billy Joel Michael Stern Howard Weinberg Luz Urbaez Weinberg LOCAL PLANNING AGENCY AGENDA FEBRUARY 4, 2014 - 6 PM Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER \ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: NOVEMBER 5, 2013 City Manager Eric M. Soroka, ICMA -CM City Clerk Teresa M. Soroka, MMC City Attorney Weiss Scrota Helfrnan Pastoriza Cole & Boniske 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31 -144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31- 144(C)(5)A., COMMUNITY BUSINESS (132) DISTRICT TO ALLOW INCREASED LOT COVERAGE FOR SHOPPING CENTERS WITH MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA, WITH HEIGHT NOT GREATER THAN FIVE STORIES AND THAT PROVIDE A CENTRALIZED MULTI MODAL TRANSPORTATION FACILITY WHICH IS ENCLOSED WITHIN A PARKING STRUCTURE AND WHICH MAY BE USED BY CITY TRANSIT PROVIDERS, COUNTY TRANSIT PROVIDERS, ANY OTHER GOVERNMENT ENTITIES REQUESTING USE OF THE FACILITY AND PRIVATE TRANSIT PROVIDERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305- 466 -8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk. City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305- 466 -8901. One or more members of the City of Aventura Advisory Boards may also be in attendance. The City of A MINUTES LOCAL PLANNING AGENCY MEETING NOVEMBER 5, 2013 6 PM Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel, Howard Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. Commissioner Luz Urbaez Weinberg was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Trevor Nesse. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the July 9, 2013 LPA Hearing was offered by Commissioner Joel, seconded by Commissioner Holzberg, and unanimously passed. 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: Mr. Wolpin read the ordinances in 4A and 4B by title, invoked the quasi - judicial procedures and announced that testimony given during this hearing would be introduced in the Commission meeting considering enactment of the subject ordinances on first reading. All interested parties wishing to offer testimony on these items were sworn in by the City Clerk. A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 3.359 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER; AND AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION OF A 4.032 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" TO THIS ORDINANCE, FROM BUSINESS AND OFFICE TO TOWN CENTER; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 7.391 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2, COMMUNITY BUSINESS DISTRICT TO TC3, TOWN CENTER NEIGHBORHOOD DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. The following individual(s) addressed the Commission: Mickey Marrero, Esq., Jeffrey Bercow, Esq., 200 S. Biscayne Blvd., and Victor Ballestas, 150 NE 2nd Avenue, representing the applicant; and Seymour Silver, 20341 NE 30th Avenue. There being no further speakers, the public hearing was closed. A motion to recommend adoption of item 4A was offered by Commissioner Joel, seconded by Commissioner Holzberg, and unanimously passed. A motion to recommend adoption of item 4B was offered by Vice Mayor Stern, seconded by Commissioner Howard Weinberg, and unanimously passed. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, the meeting adjourned at 7:03 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the LPA on February 4, 2014. 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC - City Manager BY: Joanne Carr, AICPU Community Developmbgirector DATE: January 30, 2014 SUBJECT: Application to Amend Section 31- 144(c)(5)a. of the Land Development Regulations to add a provision for increased lot coverage for specific uses (01- LDR -14) February 4, 2014 Local Planning Agency Agenda Item 1 76 February 4, 2014 City Commission Meeting Agenda Item March 4, 2014 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request for an amendment to Section 31 -144, "Business Zoning Districts" of the Land Development Regulations to add to that section, a provision for a maximum lot coverage of 45% of the total lot area for parcels that include shopping centers, provided that the shopping center buildings contain more than 1,000,000 square feet of gross leasable area, and do not exceed five stories in height and provide a centralized multi -modal transportation facility which is enclosed with a parking structure. THE REQUEST The owner of the Aventura Mall is proposing an expansion consisting of a three -story, 288,250 square foot addition to the mall structure and a seven -level parking structure. The first level of the parking structure will contain a mass transit terminal which will accommodate City, County and other buses, taxis and other private transit vehicles. In order to build the expansion and parking structure and to accommodate future development on the Mall property, the owner is requesting an amendment to the site development criteria of the B2 zoning district to increase maximum lot coverage from 40% to 45 %. (See Exhibit #1 for Letter of Intent) BACKGROUND After construction of the last expansion of the Aventura Mall for the Nordstrom anchor and retail approach wing, the current lot coverage is 36% of the total lot area. The applicant advises that the current expansion proposal will increase lot coverage to 40.34 %. The applicant further advises that other proposed future development may increase lot coverage up to a maximum of 45 %. The B2 zoning district allows a maximum height of 12 stories or 120 feet. Any expansion of the Aventura Mall could maintain the 40% lot coverage maximum by building vertically. The increased lot coverage is requested to keep the low profile of the shopping center buildings, which are currently four stories at the highest, and to allow for the construction of a new parking structure that will contain a multi -modal transportation facility. Generally, lot coverage maximums are included in development codes to ensure that open space is provided and also to ensure that proper drainage is provided and maintained. Section 31- 144(c) of the Code includes "all buildings on site" in lot coverage calculation. This includes the primary building and any accessory buildings, such as parking structures, but does not include surface parking areas. In the case of an enclosed regional mall, traditional outdoor open space would not be used by the public in this type of commercial environment. What is desirable for public comfort in a regional mall are interior public plazas with seating areas to meet others or to rest, water features, pedestrian corridors that can also function as recreational walking areas and other public amenities such as art displays. This was recognized by the City Commission in 2005 through passage of Ordinance No. 2005 -15, which allows a minimum of 15% open space for regional malls, where up to 40% was required by Code at that time, provided that the aforementioned public amenities are in place. The Aventura Mall is complying with this open space /amenity provision. The consulting engineer for the Aventura Mall has confirmed that an increase of 5% in permitted lot coverage will not affect the ability to provide and maintain proper drainage. The drainage structures and retention ponds are currently functioning as intended. Any development application for expansion will be required to include drainage plans to upgrade and improve, as necessary, any components of the drainage system. Those drainage plans will be reviewed by the City's Consultants as part of the site plan review process. DESCRIPTION OF THE PROPOSED AMENDMENT The proposed amendment to the Community Business (132) District follows in underlined text: "Section 31- 144(c). Community Business (132) District. 2 c) Community Business (B2) District. This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways. (5) Site development standards. a. Floor area ratio and lot coverage and minimum landscaped open space requirements: 1. For all buildings: Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements. 2. The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area, except as provided in Subsection 4. below. The floor area ratio shall not exceed 2.0 for all buildings in this district in conformance with the comprehensive plan. 3. For shopping center buildings with other more than 1,000,000 square feet of gross leasable area that provide public amenities including, but not limited to, public plazas, fountains or other water features, seating areas and recreational walking areas and that do not exceed five stories in height, the minimum landscaped open space shall be 15 percent of the total lot area. Said open space shall be extensively landscaped with grass, trees and shrubbery in accordance with a landscape plan to be approved by the City Manager. The non - leasable areas within enclosed or non - enclosed malls which are landscaped with grass, trees and /or shrubbery, water areas therein, and areas therein with permanent art display areas may be used as part of the required landscaped open space provided such areas do not exceed ten percent of the required landscaped open space. 4 For parcels that include one or more shopping center buildings, the maximum lot coverage shall not exceed 45% of the total lot area, provided that such shopping center buildings contain more than 1,000,000 square feet of gross leasable area and do not exceed five stories in height and that the shopping center building provides a centralized multi -modal transportation facility which is enclosed 3 within a parking structure, and which may be used by: City transit providers, County transit providers, any other governmental entities requesting use of the facility and private transit providers." ... ANALYSIS Staff provides the following analysis of the request using the standards for reviewing proposed amendments to the text of the Land Development Regulations contained in Section 31 -77 of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The business and office land use designation is described in the Future Land Use Element of the City's Comprehensive Plan. This category provides that "...the specific range and intensity of uses applicable in a particular Business and Office property is dependent upon the particular land use, design, urban services, transportation, environmental and social conditions on and around the subject property, including consideration of applicable goals, objectives and policies of the Plan. The Transportation Goal in the Transportation Element of the City's Comprehensive Plan includes the goal to provide a safe and efficient multimodal transportation system to serve the needs of the City. This proposed amendment is consistent with both the language of the Business and Office future land use category and with the Transportation Goal in that this particular property will be designed to provide a multimodal transit facility that will function as part of an overall safe and efficient transportation system within the City. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs are adopted in order to foster and preserve public health, safety and welfare and to aid in the harmonious, orderly and progressive development and redevelopment of the City. The proposed amendment is consistent with this purpose. The proposed amendment will aid in the harmonious, orderly and progressive redevelopment of the City. 4. The proposed amendment furthers the orderly development of the City. 2 The proposed amendment furthers the orderly development of the City, for the reasons provided in Paragraph 3 above. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for regulation and a process by which to approve development or redevelopment of a property within the Community Business District. 5 B G RCOW RADG LLL & FERNANDEZ ZONINC3. LAND USE ANA ENVIRONMENTAL LAW DIRECT LINE: 305 - 377 -6238 E -MAIL: mmarrero(a.brzoninglaw.com VIA HAND DELIVERY AND E -MAIL January 16, 2014 Exhibit #1 01- LDR -14 Ms. Joanne Carr Community Development Director City of Aventura 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Land Development Code Amendment Regarding Lot Coverage in 132 Dear Joanne: This law firm represents Aventura Mall Venture and Turnberry Associates, Inc. (the "Applicant "), with regard to an application to amend the City of Aventura Land Development Code to permit additional lot coverage in the B2 zoning district for shopping center buildings that provide a multi -modal transportation facility within their property. Proposed Expansion. The Applicant is proposing to add additional floor area to the existing mall at the northeast corner of the structure. The proposal will add 288,249 SF of additional floor area comprised mostly of small retail shops. Additionally, there will be additional concourse and non - retail related areas. These improvements to the Property will continue to enhance the Aventura Mall and help continue making the City of Aventura one of the preeminent destinations in South Florida. It is important that the mall and its stores continue to stay current and vibrant, as the Mall hopes to continue its recent successes. The improvement will also include a multi -modal transportation facility. The Applicant requests an amendment to Section 31- 144(c) of the City Code in order to provide for additional allowable lot coverage, up to 45% for shopping center buildings with more than 1,000,000 square feet of gross leasable area, that also provide a centralized multi -modal transportation facility. Section 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 January 16, 2014 Page 2 31- 155(c) provides for the site development standards for properties in the 132 zoning district, and would thus be the appropriate place for the amendment. Section 33 -77(g) of the City Code provides standards that staff and the City Commission shall consider when reviewing proposed amendments to the text of the City's Land Development Regulations (the "LDRs "). The Applicant's request addresses each of the standards as follows: (1) The proposed amendment is legally required. In order for the Aventura Mall to continue to improve as envisioned pursuant to the submitted site plan application, the proposed amendment to the LDRs must be approved and is thus required. (2) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed changes are consistent with the goals and objectives of the Comprehensive Plan, specifically the Business and Office designation. (3) The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the LDRs, as described in Section 31 -2 of the City Code. (4) The proposed amendment furthers the orderly development of the City. The proposed amendment certainly furthers the orderly development of the City. The proposed amendment will permit the continued improvements to the Aventura Mall - one of the City's most important landmark properties and one of the most successful shopping centers in the country. Further, the amendment will permit the development of a multi -modal transportation facility within the mall property which will accommodate City, County and other public and private transportation. Understanding that the mall generates a great deal of visitors from outside of the City, this improvement hopes to encourage more users to use public transportation and alleviate traffic to the City. Additionally, the improvement will certainly centralize much of the public transportation and naturally provide traffic and BERCOW RADELL & FERNAN DEZ ZONING, LAND USE AND ENVIRONMENTAL LAW Ms. Joanne Carr January 16, 2014 Page 3 (5) The proposed amendment improves the administration or execution of the development process. This amendment itself does not have a direct effect on the administration of the City's development process. 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, Mic ael J. Marrero BGRCOW RADELL & FERNAN DEZ ZONING. LANG USE ANO ENVIRONMENTAL LAW APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Sectson 31- 71(b)(2)(i) of the City of Aveitura Land Development Code this Applicant Representative Affidavit is hereby made and submitted The undersigned authorized representative of the individual or entity applying for the Development Permt, which is identified in the accompanying application, and the owner of the property subject to the applx:ation (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows Name jff� &ercow __ Mc-' " I M a r-rtr o Relationship (+e Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc,) (Attach Additional Sheets If Necessary) met NOTICC: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31- 71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION. THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS — DAY OF AUTHORIZED REPRESE TIVE OF APPLICANT By (Signature) Name M & rat r• o d (Prni) Tdle _ L 44o me —_ Address._ tM I a _ -4 FL 331�1� STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) 200 OWNER By - --] —. '(Sig irre) Narne Smere -R Title:_ Address: 14450 lA)L54 C--.4,,4 Cl,b Dn ✓U 10� �+. �f oo r �Q ✓e {urn t. 3318 o Before me the undersigned authority personally appeared HIC ,lkti_ ta(ret' bas the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first y d did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED BEFORE ME thAay of Notary Pudic Stag of Florida Ana Hernandez My Com,hmim EE07019 OF aplres 04129ROASw AFFIANT 200 -. y i Notary *C State of to At Large Prin Name of Notary C�R�� y commission expires, fir_ t BUSINESS RELATIONSHIP AFFIDAVIT* gam. This Affidavit is made pursuant to Section 31- 71(b)(2Xii) of the City of Aventura Land Development Code The undersigned Affianl hereby discloses that (mark with "x' app;icable portions only) Affiant does not have a Business Relationship with any member of the Gty Commission or any City Advisory Board to which the application will be presented ( 2 Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application wilt be presented, as follows (List name of Commissioner or Advisory Board Member) who serves on the (List C)ly Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as follows '11 Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative, 111, Member of City Commission or Board is a partner, oo- shareholder (as to shares of a corporation which are not rsted on any national or regional stock exchange) or lornt venturer with the Applicant or Representative in any business venture, (J ie The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, (J iv A City Commissioner or Board member is a Client of the Applicant or Representative. 11V The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than E t0 000 00 of the binsiness of the member of the City Commission or Board (o Ns or her employer) in a given calendar year, �) vi The member of the City Commission or Board is a Customer of the Applicant a Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year WITNESS MY HAND THIS c)-a' DAY OF 5 a ^J 20d I APPLICANT By _ (Signalurel Name .G + K I M �mc ra pi MI Title- orn.�_ WITNESS MY HAND THIS DAY OF 200_ PROPERTY O4Vi R By _ (signature) t) Name �tctf "�g�(Prin Tale r rn c _(Prait) 'The terms Buswes Retatlons&p,' °CberK," "Customer,' AplYicant," 'Represenlalrve" and Wrietested Person" are defined in Seuion 2 395 of the ewura City Code WITNESS MY HAND THIS J DAY OF n J t�r 20p_ REPRESENTATIVE: (Listed on Business Relationship Affidavit) `Isvriature) By Name. • ! Gh re� ' ` 6�rtrJ (Pant) Name: Titles �n _(Pim!) Tale By —._ (Signature) By: _ i Name. <�r�Y "nnt) Name. — Title: YN t (Print) Title: _ By: _ (Signature) Name i _(Print) Title-'- _ _ ._ . (Print) By (Signaluute) Title. _(Pant) Title _ (Print) (Signature _ (Pant) (Print) — (Signature (Prtn1) (Print) By. (Signature Name (Print) Title _ _ (Print) By _ (Signature Title: _ (Pant) Title (Print) By _ _ ` _ (Signature) By. _ (Signature Title _._ 4 (Print) Title (Print) Title (Print) Title. _ _ (Pant) By _ (Signature) By: (Sqnature Title.____ (Prwl) Title _ _ _ __(Print) Title (Print) Title _(Pant) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to See. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. STATE OF FLORIDA COUNTY OF M?AMf-DADE) NOTARIZATION PROVISION Before me, the undersigned autImty, personally appeared M I C-'IAe the Affak who being first by me duty sworn, did swear of affirm that Wshe executed this Atfidamt for the purposes stated Herein and ft A is true and correct I AFFIANT SWORN T e NotarP S of Florida a y H' P Ic Stft Of Florida MandV OMMIL EIE075919 is 9401 a Ana H*Mgnd Ana Hemandez orw hl/ My Com IL EIE0759 9 xPinal M: 401 a C j 0 .. my commilewori EIE075019 State of Large EXPIAIII 04)26*016 ....... ....... - Printed Name of My commission expF --- ------- --- ----- --- ------- STATE OF FLORIDA COUNTY OF MIAMI -OADE) Before me the undersigned authority, personally aopearej(� cIL1/ e nt, who / y me dul ornL did war of affirm that helshe execii1ed this AlfidaW V the purposes stated therein and that it is true and correct iW Pt, Notary Public State of Florida N. Ana Hemandez MY Commia" EE075919 Exp1f==o4/29t2ois STATE OF CLORIDA COUNTY OF MIAMI DADE) Before rue, me undersigned authon . personally appeared OLCJ'ayfl SO4 executed this Affidaw for the ourposes stated therein and that it is he aj correct SWORN TO AND SUBSCRIBED before me li'm _27 day 0 f 9A r� 2002 - j L CAROLABRAMSON Commission # DD 946451 Expires April 14, 2014 Screiiii nvu Tm F*n Imicircii MMS-MO STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, the undersigned authonty, personally appeared . - executed Uvs Aff-davil for the purposes stated 9*refn and that it is true and correct, T Z Punted Name of Ni My commission expires ----- ------- ------ by me duly sworn, did swear or affirm that he;she 40 NotqPublic State ofklonda A[ Lame 0_ / , I M I,0 I ow Printed Name of Notary 41 1 1/ j My commission expires: the Aflart, vft bang first by me duty sworn did swear or affirm that heJshe AFFIANT SWORN TO AND SUBSCRIBED before me this day of 200 Notary Public State of F Ionde At Large Printed Name of Notary My commission expires ORDINANCE NO. 2014- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31 -144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31- 144(C)(5)A., COMMUNITY BUSINESS (132) DISTRICT TO ALLOW INCREASED LOT COVERAGE FOR SHOPPING CENTERS WITH MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA, WITH HEIGHT NOT GREATER THAN FIVE STORIES AND THAT PROVIDE A CENTRALIZED MULTI MODAL TRANSPORTATION FACILITY WHICH IS ENCLOSED WITHIN A PARKING STRUCTURE AND WHICH MAY BE USED BY CITY TRANSIT PROVIDERS, COUNTY TRANSIT PROVIDERS, ANY OTHER GOVERNMENT ENTITIES REQUESTING USE OF THE FACILITY AND PRIVATE TRANSIT PROVIDERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura ( "City Commission ") is desirous of amending Section 31 -144 "Business Zoning Districts" of Chapter 31 "Land Development Regulations" of the Code of Ordinances ( "City Code ") to include a provision for a maximum lot coverage of 45% for parcels that include one or more shopping center buildings with more than 1,000,000 square feet of leasable area and that do not exceed five stories in height and that provide a centralized multi -modal transportation facility which is enclosed within a parking structure and which may be used by City transit providers, County transit providers, any other governmental entities requesting use of the facility and private transit providers; and WHEREAS, the Business and Office future land use category applicable to the proposed amendment provides that "...the specific range and intensity of uses applicable in a particular Business and Office property is dependent upon the particular land use, design, urban services, transportation, environmental and social conditions on and around the subject property, including consideration of applicable goals, objectives and policies of the Plan... ", and the Transportation Goal in the Transportation Element of the City's Comprehensive Plan is "...to provide a safe and efficient multimodal transportation system to serve the needs of the City..."; and WHEREAS, the City Commission finds that the proposed amendment to Section 31 -144 of the City Code to provide increased lot coverage for large -scale shopping center buildings which provide a centralized multi -modal transportation facility which is enclosed within a parking structure is consistent with the applicable goals, objectives and policies of the City's Comprehensive Plan; and Ordinance No. 2014 - Page 2 WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment during the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has reviewed the proposed amendment, and finds that it is in the best interests of the public to amend Section 31 -144 of Chapter 31 "Land Development Regulations," as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. That Section 31 -144 "Business Zoning Districts" of Article VII "Use Regulations" of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows': Sec. 31 -144. — Business Districts. (c) Community Business (B2) District. This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways. ' Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed deletions to existing text. Ordinance No. 2014 - Page 3 (5) Site development standards. a. Floor area ratio and lot coverage and minimum landscaped open space requirements. 1. For all buildings: Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements. 2. The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area, except as provided in Subsection 4. below. The floor area ratio shall not exceed 2.0 for all buildings in this district in conformance with the comprehensive plan. 3. For shopping center buildings with ether more than 1,000,000 square feet of gross leasable area that provide public amenities including, but not limited to, public plazas, fountains or other water features, seating areas and recreational walking areas and that do not exceed five stories in height, the minimum landscaped open space shall be 15 percent of the total lot area. Said open space shall be extensively landscaped with grass, trees and shrubbery in accordance with a landscape plan to be approved by the City Manager. The non - leasable areas within enclosed or non - enclosed malls which are landscaped with grass, trees and /or shrubbery, water areas therein, and areas therein with permanent art display areas may be used as part of the required landscaped open space provided such areas do not exceed ten percent of the required landscaped open space. 4. For parcels that include one or more shopping center buildings, the maximum lot coverage shall not exceed 45% of the total lot area, provided that such shopping center buildings contain more than 1,000,000 square feet of gross leasable area and do not exceed five stories in height, and that the shopping center building provides a centralized multi -modal transportation facility which is enclosed within a parking structure, and which may be used by City transit providers, County transit providers, any other governmental entities requesting use of the facilitv and private transit providers." 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 Ordinance No. 2014 - Page 4 of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re- lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by , who moved its adoption on first reading. This motion was seconded by , and upon being put to a vote was as follows: Commissioner 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 , who moved its adoption on second reading. This motion was seconded by , and upon being put to a 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 4th day of February, 2014. PASSED AND ADOPTED on second reading this 4th day of March, 2104. 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 , 2014. 68 I WEDNESDAY, JANUARY 22, 2014 - LEGISLATURE 2014 LOCAL 8 STATE Redo for Medicaid expansion BYTIANITCHELI 'That /- lledicuid/ rnon(y would do more AND KATHLEEN h-1 3,Y Heralnnme: Taoanawee genera„ than provide healthcare co1'eruge for so TALLAHASSEE - The n]unP i'lorldl debate over Medicaid ex- pension will return to the - -$tMe Sen. Rene Garcia, R dean Florida Legislature this year, thanks to a state senator the proposal. He noted that from Hialeah. eight states with either Be- Republican state Sen. publican governors or Re- Rene Garcia on Tuesday publican -led legislatures filed a proposal seeking to had agreed to Medicaid ex- usefi l Medicaid expan- pansion. on dollar re s to buy private Despite the pressu, the ce policies for poor House isn't likely to budge. Floridians. "I like the House's free - The bill mirrors one that market approach to health- won unanimous support in care," House Speaker Will the Senate last year, and bad We said Tuesday, the backing of Republican reheating his position from Gov. Rick Scott It died in last year the vative Weatherford, a Wesley Housi,,where allbuI one Re- Chapel Republican, has said publicans voted m support a he wants to see the Legisla- rival plan that rejected $51 lure focus on other health billion in federal funding. Tuesday, Garcia said it c issues. Heremed createdaspe- would be "irresponsible" to cial committee to address leave those dollars on the health c erkforce table. needs. The group is expect - "That money would do ed to consider providing To re than provide health- To.. independence for care rage for any highly trained n - Floridians," he said. "It c sing the numberiof in- phis be an economic stim- medical students who go in- us package for the entire to primary care and regulat- sate" ing virtual doctor vism. Garcia urged the lower Even in the mommoder- chamber to "put aside pmti- at Senate, Garcia's propos- san politics" and consider al isn't guaranteed success. AWRIL 1 CITY OF AVENTURA AND NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN AND NOTICE OF AMENDMENT TO OFFICIAL ZONING MAP Public Notice is hereby given that the Coy C1111-on of the Cray of Aventura will consider me tolloveng Ordmaoces for adopeOn after second reading at public hearings to be held on Tuesday, February 4, 2014 at 6:00 p.m.' 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 HE 207 STREET AT HE M 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 HE 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 183, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. [sae map below for property locabon) AND AN ORDINANCE OF THE CITY OF AVENTURA FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 7.391 ACRE PARCEL OF LAND LOCATED ON HE 207 STREET AT HE 30 AVENUE AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ", FROM 82, COMMUNITY BUSINESS DISTRICT TO TC3, TOWN CENTER NEIGHBORHOOD DISTRICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Ise. map below for property location) The Public Heanngs will be held in the City Commission Chamber at City of Aventura Government Center, I 92(10 Wert Country Club Drive, Aventura, Fkrkla, 33100. The proposed Ordinances may be ,nspeeed by the Public at MI, O ter, of the Ciry Clerk at Me above address. Interested parties may appear at the Public Heanngs and be heard wrtn respect to Me proposed Ordinances. cordance with Me Americans with Disabilbre Act of 1990. all persons who are disabled and win need special modations to participate in this proceeding because of that disability should contact Me Office of Me CM Clerk. (305) 466 -8901 not later than two business days Pnor to uch proceedings. If a person decides to appeal any decis,on made by the Crty Commission wrtn respect to any matter considered at meeting or hearing, Mat person will need a record of the proceedings and for such purpose. may deed to ensure that verbatim record of Me proceedings is made. which record ocludes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka. MMC, Ciry Clerk Garcia said he was start- ing to build support. "Hope- fully, we can get Senate I-- dership on board as they were last year;' he said. But sate Sen. Joe Negmn, who chairs the powerful Ap- propriations Committee and filed the Medicaid ex- pension bill last year, said he wasn't sure how far Garcia', proposals would [ m"SomeUmes differences I so intractable that de- spite everyone's best ef- forts, the distance is just too far;' said Negros, R- Stuart. Still, Negmn commended Garcia for filing the bill "I applaud his effort to keep this important discus- sion alive;" he said. Medicaid expansion was of the most closely watched debates during the 2013 legislative session and drew national attention. The Senate plan could have brought extended health care coverage to an estimated 1 million Flor- idians. But House Republi- cans insisted on a plan to LEGISLATURE 2014 free up $300 million m state ney m buy basic cover- age for 130,000 low -income resident The se ss ion ended in stalemate. After lawmakers returned to their districts, Democrats tried to pressure Scott tocall a special session on the is- s le. Scott refused. The federal government has said it is not too late for Florida to accept the money. Garcia files his bill as Re- publicans statewide work to win support from Hispanic voters in advance of the 2014 elections. Garcia's Senate district includesthausandsofelder- ly Hispanic residents. Many of them support Medicaid expansion, he said. "In Miami -Dade County, this would help huge num- bed ca people who are unin- sured and don't qualify for traditional Medicaid be- se they make too much ney," he said "At least for the next couple of years, we an try to get these people insured and get them to the doctors for primary and pre - entative care." Contact Kathleen McGinty at kmcgmry@ MiamiHeraldcom. MiamiHeralo.com I MIAMI HERALD Floridians in the coverage gap States like Florida that are not expanding Medicaid - the federal -state health Insurance plan for the poor- will leave 4.8 million adults in the country in a "coverage gap" Such people earn less than the federal poverty level, So they aren't eligible for tax credits, and they earn too much to qualify for Medicaid without the expansion . percent of state's noneldedy Number in adults in coverage gap coverage gap Louisiana 9D% 242K Mississippi 8.1% 138 K Georgia 6.9% 409 K Montana 6.9% 40 K South Carolina 6.8% 194K Florida 6.7% 764 N Texas 6.7% 1,046 K Alabama 6.5% 191 K Oklahoma 6.5% 144 K Idaho 6.2% 55 K North Carolina 5.6% 319 K Missouri 5.4% 193 K South Dakota 51% 25 K Indiana 4.9% 182 K Wyoming 4.9% 11 K Kansas 4.8% 78 K Tennessee 4.2% 162 K Alaska 4.0% 17 K Virginia 3.9% 1911 Utah 3.6% 58 K Pennsylvania 36% 281K New Hampshire 31% 26 K Nebraska 3.0% 33 K Maine Z9% i�e<.�i.k M�i<a o �i iou<� hs.ai.e: is rar.ia cmw: e.<,< :..a roa,na ron<w.mt basso reel..., 24K <.m.,iir m.>nr .macs nArr Film revisits alimony reform BY KATHLEEN NEGRORY Ferald/Tlme, TA,ho„ - TALLAHASSEE - The Zephyrhills Cinema IO is playing more than Oscar contenders and popcorn flicks this week Also on the marquee: an obscure documentary about alimony. "Divorce Corp. has just ar- I, ved at the theater!" the in- dependent movie house trumpeted on Fambook this month "This documentary rs how children are torn from their homes, unli- censed custody evaluators extort money, and abusive judges play God with peo- ple's lives while enriching their friends;' The screenings, sched- uled through Thursday, are part ofan aggressive push to change Florida's alimony I.— The laws were nearly overhauled last year, when the state House and Senate passed a controversial pro- posal to end permanent ah- ony payments. But the bill fell victim to a last - minute veto by Gov. Rick Scott. This year, the nonprofit Family law Reform is work- ing to build support for as- mony fo rerm o before the ses- sn begins, president Alan CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS Public Notice Is hereby glen that Me Aventura City Comm,ssion, strong as [he CM of Avenida Local Planning Agei will meet a public hearing on Tuesday, February 4, 2014 et 6:00 P.m. to c nsider a motion recommen,dog adoption of the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31 -144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31A"(C)(5) A., COMMUNITY BUSINESS (132) DISTRICT TO ALLOW INCREASED LOT COVERAGE FOR SHOPPING CENTERS WITH MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA, WITH HEIGHT NOT GREATER THAN FIVE STORIES AND THAT PROVIDE A CENTRALIZED MULTI MODAL TRANSPORTATION FACILITY WHICH IS ENCLOSED WITHIN A PARKING STRUCTUREAND W RICH MAY BE USED BY CITY TRANSTT PROVIDERS, COUNTY TRANSIT PROVIDERS, ANY OTHER GOVERNMENT ENTITIES REQUESTING USE OF THE FACILITY AND PRIVATE TRANSIT PROVIDERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Immediately tollowng Me Local Planning Agency meeting, the City Commission of the dry of Aventura. as Me governing body, will c nsider at a public hoanng, as first pti reading. adoon of Me above describetl Ordinance and will again consider adoption of Me above described Ordinance, as and anti final reading. at a public reciting on Tuesday, March 4, 2014 at 6:00 1 The above descnbed Public Hl will be held in Me Cory Commission Chamber at City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida. 33180. The proposed Ordinance may be inspected by Me public at Me Office of the Ciry Clerk, 19200 West Country Club Drive. Aventura Flonda. Interested parties may appear at the Public Hearings and be heard wont respect to the proposed Ordinance. In cordance with Me Amencans wild D- Olcies Act of 1990, all persons who are disabled and who need special modations to padn,pate In this proceeding because of that disability should contact Me office of the City Clerk, (305) 466 -8901, not later than two business tlays poor to such proceedings. 11 a person decides to appeal any decision made by the City Commission, as Local Planning Agency or as the governing body, with respect M any matter considered at a meeting o hearing, Mat person will need a record of the proceedings anti, for such purpose, may need to ensure that a verbaem cord of the proceedings Is made, which record includes the testimony and evidence upon winch the appeal Is to be based. Teresa M. Soroka, MMC, City Clerk Frisher said. In July, Frisher published his 237 -page book called Di- rnng the System. E.rpn,ing the Injustice of Family Law. One month later, he held an alimony- reform summit that drew more than 300 people to Orlando. The Divorce Corp., rings are another way to engage the public, Frisher said "We're trying to educate people that reform is abso- lutely necessary;" he said. "People are getting hurt by the system. We have to do something about it." Still, Frisher and Family Law Reform are likely to en- counter strong opposition in Tallahassee. "It will still be controver- sial;" said women's rights lobbyist Barbara De Vane, who opposed last year's at- tempt to revamp the alimo- ny laws. "If there is anything that will harm women and children, we will fight it" In addition to ending per - ent alimony, the 2013 alimony bill sought to cap payments based on salary and length of marriage. Some of its provisions ocld have been retroac- tive, giving the courts au- thority to modify existing arrangements between for- spec m The proposal prompted one of the most emotionally charged debates of the 2013 re Men (and a handful of men) told stories about alimony obligations that early bankrupted them. Former wives argued that they needed the payments because they had given up their own careers to raise families. The Family Law Section of the Florida Bar raised an- other concern: The retmac- tive provisions might be cal constitutional because cou- ples had divided up proper- ty and a sets with the expectation of alimony pay - m ents. Scott echoed that argu- es when explaining his veto. So far, no state lawmaker has filed a new alimony bill I be considered during this ORLANDO Baptists to fight 4s,aiatee Dress ORLANDO - A central Florida jury has awarded $12.5 million in damages to a young man who was sexual- ly abused by a Baptist minis- ter when he was a child. But an attorney for the Florida Baptist Convention said Tuesday that the organi- much would appeal the rul- ing from a jury in Lake Coun- ty, northwest of Orlando. Attorney Gary Yeldell says year's legislative session. But state Rep. Bitch Workman, R- Melbourne, said he is working on re- vised language. Workman said the new on't try Mend pe, —cut alimony or include any of the retroactive pmvi- ns that drew ire last year. Instead, he will propose smaller "fixes" to the exist- ing law, li said, such as add- ing language that both spouses should expect their standard of living to fall fol- lowing a divorce. Workman is also pushing for a provision that would allow retirees to "retire" from paying alimony. Would the proposed changes win Scott's appm - al? Workman is hopeful. "The governors as a lot to do this s and he doesn't want session drama;' Workman said. "But I've talked to him and these are changes 1 think he will support." Scott spokesman John Tupps was noncommittal. "We will carefully review any legislation that is filed;' he said. Meanwhile, Family Law Reform is f sed on win- ning support on the ground. About KID people attend - edthe "premiere "of Divorce Corp. at the Zephyrhills mo- vie theater on Jan. 10, owner Larry Rutan said. Another 40 have attended other showings, including an vent featuring director Joe Sorge on Jan. 13. As far as business goes, Rutan said the documentary has been "in the [noddle of the pack" "Ofthe 10 [films] I've had, it wasn't the highest -gross- ing and it wasn't the lowest - grossing;' he said. But that's not Ruden's only on for showing the doc- me buy. He himself is in the middle of a four -year di- ce that has taken anrabi tional and Enancial toll. "People need to know that our family law system is broken;' he said. Contact Kathleen M,Gm,y at kmcgmry@ MiamiHeraldcom. sex -abuse ruling the convention is confident that an appellate court will overturn the rig He says the minister was an indepen- dent pastor and not super- vised by the cony Man, The verdict was returned on Saturday. An attorney for the man who is rema ring anonymous, says the etjury nderstood the "devastat- ing" impact of the abuse. The young man is now in his 20s and attending college. 9�