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02-04-2014
City Commission City Manager Susan Gottlieb, !Mayor The City of Eric M. Soroka, 1111-CM A'5 e iur � Ce, M. Enbar Cohen "Teresa M. Soroka, MMC Teri Holzberg Billy Joel GbEAttomey Michael Stern Weiss Scrota Helfrnan Howard Weinberg Pastoriza Cole & Boniske Luz'Urbaez Weinberg FEBRUARY1,1MOM 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: • Certificates of Appointment to Arts in Public Places Advisory Board 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: January 7, 2014 Commission Meeting January 16, 2014 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID /CONTRACT FOR BID NO. 13- 11 -22 -2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY ROADS, STREETS AND FACILITIES TO JVA ENGINEERING CONTRACTOR, INC., MAGNA CONSTRUCTION, INC., AND WEEKLEY ASPHALT PAVING, INC. AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. February 4, 2014 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2014 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING DONATION OF ART WORK TO THE CITY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE DATE. E. MOTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA TO ADOPT THE RECOMMENDATION OF THE CITY OF AVENTURA ARTS IN PUBLIC PLACES ADVISORY BOARD TO AUTHORIZE THE COMMISSION OF A PIECE OF ART TO BE SELECTED AS AN OPEN COMPETITION IN AN AMOUNT UP TO $30,000 TO BE PLACED IN EITHER THE GOVERNMENT CENTER OR ARTS AND CULTURAL CENTER. F. 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. G. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $14,300 FOR CRIME SCENE STORAGE AND NETWORK VIDEO RECORDER FROM THE POLICE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE EXTENSION OF THE GREEN MARKET HELD IN FOUNDERS PARK SOUTH TO MAY 31, 2014; AUTHORIZING THE CITY MANAGER TO ISSUE A SPECIAL EVENT PERMIT TO WHODUZ, INC., BASED ON THE CONDITIONS CONTAINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO 4 February 4, 2014 CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI— JUDICIAL PUBLIC HEARINGS — Please be advised that the following items on the Commission's agenda are quasi - judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross- examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING MODIFICATION OF CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO. 2008 -24 TO PERMIT THE SALES AND SERVICE OF WINE AND CHAMPAGNE AT THE CAVIAR & MORE KIOSK AND TABLE SEATING AREA IN THE AVENTURA MALL AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; MODIFYING CERTAIN CONDITIONS OF RESOLUTION NO. 2008 -24; DELETING CERTAIN CONDITIONS OF RESOLUTION NO. 2008 -24; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE AND SERVICE OF BEER, WINE AND CHAMPAGNE AT THE PIACERE NEWS & CAFE KIOSK AND TABLE SEATING AREA IN THE AVENTURA MALL AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING— PUBLIC INPUT: A. 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 K? February 4, 2014 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. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING CHAPTER 1 "GENERAL PROVISIONS" OF THE CITY CODE OF THE CITY OF AVENTURA BY CREATING SECTION 1 -17, "RETAIL SALE OF DOGS AND CATS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. 8. ORDINANCES — SECOND READING — PUBLIC HEARING: 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. 9. RESOLUTIONS — PUBLIC HEARING: None. 2 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS February 4, 2014 COMMISSION WORKSHOP FEBRUARY 20, 2014 9 AM EXEC. CONFERENCE RM COMMISSION MEETING MARCH 4, 2014 6 PM COMMISSION CHAMBER This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305- 466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance 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. 5 The Cty of A -9- MINUTES CITY COMMISSION January 7, 2014 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 Vice Mayor Howard Weinberg at 6 p.m. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel, Michael Stern, Luz Weinberg (arrived after Item 5), Vice Mayor Howard Weinberg, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. Mayor Susan Gottlieb was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Police Chief Steven Steinberg 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Mr. Soroka presented a Certificate of Appreciation to Police Officer John Campbell for ten years of service to the City. 5. 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 Holzberg, passed unanimously by roll call vote and the following action was taken: A. The following minutes were approved: November 5, 2013 Commission Meeting November 14, 2013 Workshop Meeting B. Resolution No. 2014 -01 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. C. Resolution No. 2014 -02 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 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. D. The following motion was approved: 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. Mr. Wolpin reviewed the quasi - judicial procedures and read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 143(0(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 SECTION 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. Mrs. Soroka administered the oath to all persons wishing to offer testimony in this matter. A motion for approval was offered by Commissioner Cohen, and seconded by Commissioner Joel. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record. 2 Vice Mayor Weinberg opened the public hearing. The following individual(s) addressed the Commission: Jeffrey Bercow, Esq., 200 S. Biscayne Blvd., Architect Kobi Karp, Traffic Engineer Joaquin Vargas, all representing the applicant; Jonathan Evans, 7000 Island Blvd; Rob Kettles; William W. Riley, Esq., Gray Robinson, representing Miami Off Center Associates, LLP; Andrew Wilson, Aventi; Peter Murphy, Aventura Marina; and Mickey Marrero, Esq., 200 S. Biscayne Blvd. There being no further speakers, the public hearing was closed. Commissioner Joel moved to amend the motion to provide that this approval is granted exclusively to Chateau Aventura LLC, unless subsequently modified by City Commission approval. Motion died for lack of second. A motion was offered by Commissioner Luz Weinberg and seconded by Vice Mayor Weinberg (after passing gavel) to remove condition 4 from the original motion. The motion passed 4 -2, with Commissioners, Holzberg, Stern, Luz Weinberg and Vice Mayor Weinberg voting yes, and Commissioners Cohen and Joel voting no. A motion to reconsider the original motion was offered by Commissioner Joel, seconded by Commissioner Holzberg and unanimously approved. A motion to approve the resolution as presented was offered by Commissioner Luz Weinberg and seconded by Commissioner Holzberg. The motion died 2 -4, with Commissioner Weinberg and Vice Mayor Weinberg voting yes and Commissioners Cohen, Joel, Holzberg and Stern voting no. A motion to reconsider the matter was offered by Commissioner Joel, seconded by Commissioner Holzberg and passed, 5 -1, with Commissioner Stern voting no. A motion to approve the request as presented was offered by Commissioner Joel and seconded by Commissioner Luz Weinberg. The motion failed 3 -3, with Commissioners Joel, Luz Weinberg and Vice Mayor Weinberg voting yes, and Commissioners Cohen, Holzberg and Stern voting no. A motion to defer this matter to the next meeting where all Commissioners are in attendance was offered by Commissioner Luz Weinberg and seconded. The motion died 3 -3, with Commissioners Joel, Luz Weinberg and Vice Mayor Weinberg voting yes and Commissioners Cohen, Holzberg and Stern voting no. 7. ORDINANCES: FIRST READING — PUBLIC INPUT: Mr. Wolpin advised the Commission that item 7 -A is legislative and item 7 -13 is quasi - judicial. However, since both items concern the same property, they both will be addressed as quasi- 3 judicial, and he reiterated the quasi - judicial procedures as enacted in item 6 above. He then read the following ordinances by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR 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. A motion for approval of item 7 -A, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the November 2013 Local Planning Agency meeting, was offered by Commissioner Holzberg and seconded by Commissioner Cohen. A motion for approval of item 7 -B including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the November 2013 Local Planning Agency meeting, was offered by Commissioner Luz Weinberg and seconded by Commissioner Cohen. Mrs. Soroka administered the oath to all parties interested in offering testimony relative to these matters. Mrs. Carr addressed the Commission and entered the staff reports into the record. Vice Mayor Weinberg opened the public hearing. The following individuals addressed the Commission: Jeffrey Bercow, Esq., Architect Bernard Zascovich, representing the applicant; Amy Huber, Esq., Shubin and Bass, representing the Aventura Turnberry Jewish Center; Anita Silver, 20341 NE 30 Avenue Villa Dorada; and Bob Burroughs. 4 There being no further speakers, the public hearing was closed. The motions for approval of items 7 -A and 7 -13 passed unanimously by separate roll call votes. 8. ORDINANCES: SECOND READING /PUBLIC HEARING: 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 Joel, and seconded by Commissioner Cohen. Vice Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously and Ordinance No. 2014 -01 was enacted. 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS: Jeffrey Bercow, Esq. 11. PUBLIC COMMENTS: 12.OTHER BUSINESS: None. 13.ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8:52 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 5 MW l..)� A __� db MINUTES CITY COMMISSION WORKSHOP MEETING January 16, 2014 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 (participated by speakerphone), 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. 1. REQUEST TO SUPPORT SENATE BILL 412 REGARDING GUARDIANSHIP ABUSE: Aventura resident Sam Sugar, 20808 NE 37 Avenue, requested Commission support of this issue as proposed in Senate Bill 412. CITY MANAGER SUMMARY: Consensus to take no action at this time until further information is received. 2. LAND DEVELOPMENT REGULATIONS AMENDMENT TO PERMIT INCREASED LOT: (City Manager) Community Development Department Director Joanne Carr addressed the Commission and explained the request of Turnberry Associates to expand the Aventura Mall, which would require an amendment to the B2, Community Business District, in the City's Land Development Regulations, to increase maximum lot coverage from 40% to 45 %. CITY MANAGER SUMMARY: Consensus to proceed with appropriate legislation. 3. LEGISLATIVE PROGRAM AND PRIORITIES: (City Manager) Mr. Soroka distributed the proposed document. CITY MANAGER SUMMARY: Consensus to include recommendation of Vice Mayor Howard Weinberg and proceed with adoption via resolution at the February Commission meeting. 4. UPDATE: ARTS IN PUBLIC PLACES ADVISORY BOARD: (City Manager) Mr. Soroka advised the Commission of the Advisory Board's recommendations as set forth in the City Clerk's memorandum dated January 13, 2014. CITY MANAGER SUMMARY: It was the consensus of the Commission to accept and proceed with the Advisory Board's recommendations to accept the donation of the art sculpture entitled "American Spirit" and to commission a piece of art with clarification that the budget for the commissioned piece be up to $35,000. To be addressed by resolution at the February Commission meeting. 5. PROPOSED ORDINANCE REGULATING THE RETAIL SALE OF DOGS AND CATS: (Commissioner Cohen) Commissioner Cohen recommended that the City establish legislation regulating the retail sale of dogs and cats in order to promote community awareness of animal welfare and to encourage pet consumers to adopt dogs and cats from shelters, thereby saving the animals' lives and reducing the cost to the public of sheltering animals. She then introduced Hallandale Beach Commissioner Michelle Lazaro who has been promoting similar regulations to other municipalities in Broward and Miami -Dade counties. CITY MANAGER SUMMARY: Consensus to proceed with consideration of appropriate legislation at the February commission meeting. 6. MIAMI -DADE COUNTY LEAGUE OF CITIES INSTALLATION DINNER: (City Manager) Mr. Soroka inquired as to who would be attending this dinner. CITY MANAGER SUMMARY Vice Mayor Howard Weinberg and Commissioners Luz Weinberg, Teri Holzberg and Enbar Cohen expressed their desire to attend. 7. ADJOURNMENT: There being no further business to come before the Commission at this time, the meeting adjourned at 10:15 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City a age BY: Robert M. Sherman, Director f Co mu ity Services DATE: January 21, 2014 SUBJECT: Bid No. 13- 11 -22 -2 City of Aventura Maintenance and Repair for City Roads, Streets and Facilities February 4, 2014 City Commission Meeting Agenda Item �l3 Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 13- 11 -22 -2 City of Aventura Maintenance and Repair for City Roads, Streets and Facilities to the lowest responsible and responsive bidders; JVA Engineering Contractor, Inc., Magna Construction, Inc., and Weekley Asphalt Paving, Inc. for the unit prices as contained in Exhibit "A" attached as per the City's Consulting Engineer's recommendation. Background In accordance with the City's Purchasing Ordinance, bids for this maintenance contract were solicited, advertised, and opened on November 22, 2013. Three qualified bids were received from JVA Engineering Contractor, Inc., Magna Construction, Inc., and Weekley Asphalt Paving, Inc. This bid contains unit pricing for the following areas of public works that can be used by the City as a maintenance contract on an as- needed basis as determined by the City: Paving and Concrete Storm Drainage Pavement Markings and Signage Hourly Labor Charges All three bidders submitted qualified bids, and all three bidders have received positive references in similar type work. Since some of the unit prices are lower than others, it is in the City's best interest to award this bid to multiple bidders to take advantage of the lowest pricing as submitted by each bidder. January 21, 2014 City Commission Page Two The City can realize significant cost savings by using this contract for road and sidewalk repairs, stormwater projects, and pavement improvements, avoiding the start-up and administrative costs involved in advertising for bids for specific projects. All three bidders will be required to post the appropriate insurance that is acceptable to the City, and all work will be subject to the review and inspection of City staff and our consulting engineers. This contract is for a one year period, with a one year extension, at the City's sole discretion. Please feel free to contact the City Manager if you need any additional information. RMS /gf Attachments RMS14005 10 Ce77� 1 111► CRAVEN THOMPSON AND ASSOCIATES, INC. Date: December 30, 2013 To: Robert Sherman, CPRP, Director Community Services Department Copy: Alan Levine, Public Works Operations Manager AA From: Adolfo A. Gonzalez, PE, LEED AP, Consulting Engineer G nID Reference: Maintenance and Repair for City Roads, Streets and Facilities Bid Number 14- 11 -22 -2 At your request, we have reviewed the results for the above referenced request for bids. The following contractors submitted a bid: • JVA Engineering Contractor, Inc. • Magna Construction, Inc. • Weekley Asphalt Paving, Inc. Magna Construction, Inc. and Weekley Asphalt Paving, Inc. have successfully performed projects for the City under the previous maintenance and repair contract. JVA Engineering Contractor is pre - qualified with the Florida Department of Transportation for work associated with drainage, grading, flexible paving and roadway signing. In addition, we checked one of their references and the former client found their work to be satisfactory. Enclosed is a bid tabulation spreadsheet showing all of the individual unit and extended prices. The low unit price for each line item is highlighted yellow. It is our opinion that JVA Engineering Contractor, Inc., Magna Construction, Inc., and Weekley Asphalt Paving, Inc. are responsive and responsible contractors and recommend awarding the bid to all three contractors. If you have any questions or require any additional information, please call. Enclosure: Bid Tabulation RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID /CONTRACT FOR BID NO. 13- 11 -22 -2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY ROADS, STREETS AND FACILITIES TO JVA ENGINEERING CONTRACTOR, INC., MAGNA CONSTRUCTION, INC., AND WEEKLEY ASPHALT PAVING, INC. AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 13- 11 -22 -2 CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY ROADS, STREETS AND FACILITIES; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid /Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that JVA Engineering Contractor, Inc., Magna Construction, Inc. and Weekley Asphalt Paving, Inc., have submitted the lowest responsible and responsive bids for said project/work-, and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid /contract to said lowest responsible and responsive bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid /contract for BID NO. 13- 11 -22 -2, CITY OF AVENTURA MAINTENANCE AND REPAIR WORK FOR CITY ROADS, STREETS AND FACILITIES is hereby awarded to JVA Engineering Contractor, Inc., Magna Construction, Inc., and Weekley Asphalt Paving, Inc., at the bid prices as contained in Resolution No. 2014 - Page 2 Exhibit "A ", attached. Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject Invitation to Bid /Notice to Bidders, bid specifications, bid proposal and bid requirements, and said parties shall execute said prepared contracts on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid /contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the Transportation and Street Maintenance Fund Line Item No. 120 - 5001 - 541 -6305 and the Stormwater Utility Fund Line Item No. 410 - 5001 - 538 -3460. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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 3 PASSED AND ADOPTED this 4'h day of February, 2014. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA EXHIBIT "A" Maintenance and Repair for City Roads, Streets, and Facilities Bid Tabulation for Bid No. 13- 11 -22 -2 (lowest line item price is highlighted in yellow) JVA Engineering Weekley Asphalt Paving, Cnntractnr Inc_ Mauna Construction. Inc- Inc. item Estimated Description Unit Percentage of Total Project Percentage of Total Project Percentage of Total Project Quantity GENERAL CONDITIONS AND MOBILIZATION 5 6 1 General Conditions and Mobilization Costs For Jobs Totaling 5 T 125% 50% 100 $ 1,500.00 $ 1,500.00 $ 3,800.00 $ 3,800.00 $2,499 or Less _ _ onditi ons and Mobilization Costs For Jobs Ranging from LS 100% 50% 50% $ 65.00 $ 650.00 $ 10.00 $ 100.00 $2,500 - $4,999 Project Duration -pUp to 14 j Y - L�i General Conditions and Mobilization Costs For Jobs Ranging from LS 30% 30% 30% $ 35.00 $ 35000 $ 30.00 $ 300.00 $5,000 - $24,999 _ Project Duration - Up to 30 Days General Conditions and Mobilization Costs For Jobs Totaling LS 25 % 15% 20 $ 0.50 $ 500 $25,000 or More $ 10.00 $ Project Duration - Up to 14 Days _ item Estimated Description Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Quantity MAINTENANCE OF TRAFFIC 5 6 1 1 1 Fumish and Install SteelTraffic Plates for 12 -Foot uMtle Traffic Lane - Daily Rate Furnish and Install SteelTraffic Plates for 12 -Foot Wide Traffic EA EA $ 75.00 _ $ 100.00 $ 100.00 _ $ 85.00 $ 85.00 � $ 25500 $ 255.00 $ 1,500.00 $ 1,500.00 $ 3,800.00 $ 3,800.00 Lane - Weekly 7 10 Type I Barricade r FDOT Standard Index No. 600 - Provide for EA $ 0.50 $ 500 $ 65.00 $ 650.00 $ 10.00 $ 100.00 Project Duration -pUp to 14 j Y - -- 8 10 Type I Barricade per Standard Index No. 600 - Provide for EA $ 0.45 $ 4.50 $ 35.00 $ 35000 $ 30.00 $ 300.00 _ Project Duration - Up to 30 Days 100.00 9 10 Type II Barricade per FDOT Standard Index No. 600 - Provide for EA $ 0.50 $ 500 $ 65.00 $ 650.00 $ 10.00 $ Project Duration - Up to 14 Days _ 5 10 10 Type II Barricade per FDOT Standard Index No. 600 - Provide for EA� $ 0.45 $ 4.50 15.00 $ 150.00 $ 30.00 $ 300.00 11 _ 10 Project Duration - Up to 30 Type III Bamcade per FDOT Standard Index No. 600 -Provide for EA I $ 0.50 $ 5.00 15 -00 $ 150.00 $ 20.00 $ 200.00 I Project Duration - Up to 14 Days _ 12 _ 10 _ Type III Barricade per FDOT Standard Index No. 600 - Provide for EA _ $ 0.45 $ 4.50 $ 15.00 $ 150.00 $ 45.00 $ 450.00 Project Duration - Up to 30 Days _ - 13 25 Fumish and Install Temporary Concrete Barrier Wall - Provide for _ LF $ 30.00 $ 750.00 $ 25.00 $ 625.00 $ 30.00 $ 750.00 Project Duration - Up to 14 Days 14 25 Fumish and Install Temporary Concrete Bamer Wall - Provide for LF j _ $ 28.00 $ 700.00 $ 25.00 $ 625.00 $ 005 0 $ 1,25000 Project Duration - Up to 30 Days �_ _ 15 25 Furnish and Install Temporary Plastic (Water Filled) Barrier Wall, LF $ 25.00 $ 625.00 $ 20.00 $ 500.00 $ 30.00 $ 750.00 16 25 42" High - Provide for Project Duration - Up to 14 Days Furnish and Install Temporary Plastic (Water Filled) Banner Wall, LF it $ 24.00 $ 600.00 $ 20.00 $ 50000 1 $ 50.00 $ 1,250.00 42" High - Provide for Project Duration -_Up to 30 Days 17 1 _ Portable 6 KW Tower Light (including Power Source as required) - EA $ 280.00 $ 280.00 j $ 25.00 $ 3000 $ 30.00 18 1 Daily Rate Portable 6 KW Tower Light (InGUtling Power Source as required) - EA $ 850.00 $ 850.00 $ 150.00 $ 150.00 $ 200.00 $ 200.00 19 1 Weekly Rate _ Portable 6 KW Tower Light (InGuding Power Source as required) - EA $ 1,800.00 $ 1,800.00 $ 300.00 $ 300.00,, $ 600.00 $ 600.00 Monthly Rate STORM WATER POLLUTION PREVENTION 20 11 X00 Furnish and Install Silt Fence LF $ 5.50 $ 550.00 T$ 5.00 $ 500.00 _$___1_,25_0_00_1_ $ 2.50 $ 250.00 255 22 _ Furnish and Install Inlet Sediment Control Device EA Fumish and Install Truck Gravel Construction Entrance (Min. EA $ 75.00 $ 375.00 $ 2,500.00 $ 2,500.00 $ 250.00 1,250.00 $ 3,000.00 $ 3,000.00 $ 150.00 $ 750.00 $ 2,900.00 $ 2.900.00 Length =30') - i EARTHWORK AND SITE RESTORATI N - - Clearing and Grubbing AC - $ 30,000.00 $ 3,000.00 8 5,000.00 $ 500.00 $ 20.000.00 8 2,000.00 23 - 0.1 CY $ 22.00 $ 1,100.00 $ 20.00 $ 1,000.00 $ 28.00 $ 1,400.00 24 25 50 50 Remove and dispose of unsuitable material Import suitable fill material -in -place CY $ 25.00 $ 1,250.00 $ 12.00 $ 600.00 $ 24.00 $ 1,200.00 -g St. Augustine Iwrthkind 4600 -800 $ 5.50 $ 550.00 27 100 Fumish arW install Bahia Sod SY $ 4.50 $ 450 00 $ 8.00 $ 800 00 $ 4.50 $ 450.00 28 100 1 Swale Restorat 12'' deer 1 4 slo s or flatter ( P p ) SY 00 $ 16A0 $ _ 1 $ 8.00 $ $ .9.00 S 900.00 01- 0103 -149 Page 1 of 4 1/21/2014 CITY OF AVENTURA EXHIBIT "A" Maintenance and Repair for City Roads, Streets, and Facilities Bid Tabulation for Bid No. 13- 11 -22 -2 (lowest line item price is highlighted in yellow) JVA Engineering Weekley Asphalt Paving, Cnntmc -tor- Inc. Manna Construction. Inc. Inc. Item Estimated Quantity Description Unit Percentage of Total Project Percentage of Total Project Percentage of Total Project PAVING AND CONCRETE 100 _ 12" Stabilized Subgrade (min. LBR of 40) SY $ 5.00 $ 500,00 $ 18.00 $ 1,800.00 $ 3.80 $ 380.00 100 6" Limerock Base (min_ LBR of 100), Including Prime Coat SY $ 18.00 $ 1,800.00 $ 20.00 $ 2,000.00 $ 21.50 $ 2,150.00 [32 100 Each Additional 2" Limerock Base (min. LBR of 100), Including Prime Coat _ SY $ 2.00 $ 200.00 $ 7.00 $ 700.00 $ 4.25 $ 425.00 100 1" Asphalt Type SP -9.5, Including Tack Coat SY $ 11.25 $ 1,125.00 $ 8.00 $ 800.00 ! $ 8.00 $ BOOM 100 Each Additional 12" Asphalt Type SP -9.5, Including Tack Coat SY $ 600 $ 600.00 $ 3.00 $ 300.00 $ 4.00 $ 400.00 100 1 12° Asphalt Type SP -12.5, Including Tack Coat SY $ 17.25 $ 1,725.00 $ 10.50 $ 1,050.00 ! $ 10.50 $ 1,050.00 35 100 Each Additional 12" Asphalt Type SP -12.5, Including Tack Coat SY $ 16.00 $ 1,600.00 $ 3.00 $ 300.00 -- $ 5.25 $ - 525.00 36 100 Mill Existing Pavement (1" Average Depth) SY $ 5.00 $ 500.00 $ 3.00 $ 300.00 $ 5.50 $ 550.00 1 Sealcoat (up to 5,000 SF) SF $ 1.50 $ 1.50 $ 0.50 $ 0.50 $ 8.00 $ 8.00 38 39 1 1 1 _ Sealcoat (5,000 SF - 10,000 SF) Sealcoat (10,000 SF - 20,000 SF) SF SF $ $ 1.25 $ 1.10 $ 1.25 1.10 $ $ 0.50 0.50 $ 0.50 $ 0.50 $ $ 7 50 7.00 $ 7.50 $ 7.00 40 1 1 Sealcoat (20,000 SF - 50,000 SF) SF $ 1.00 $ 1.00 $ 0.50 $ 0.50 $ 6.00 $ 6.00 41 1 Sealcoat (50,000 SF or Greater) SF $ 0.95 $ 0.95 $ 0.50 $ 0.50 $ 5.00 $ 5.00 42 100 Remove and Dispose of Existing Asphalt Pavement (up to 4 ") SY I $ 14.00 $ 1,400.00 $ 20.00 $ 2,000.00 $ 5.75 $ 575.00 43 100 Remove and Dispose of Existing Concrete (up to 6 ") SY ! $ 16.00 $ 1,600.00 $ 15.00 $ 1,500.00 $ 28.00 $ 2,800.00 44 100 Remove and Dispose of Existing Type "D" Concrete Curb qF $ 10.00 $ 1,000.00 $ 3.00 $ 300.00 $ 8.50 $ 850.00 45 100 Remove and Dispose of Existing Type "F "Concrete Curb and Gutter or Concrete Valley Gutter $ 1 2.00 $ 1,200.00 $ 7.50 $ 750.00 $ 8.50 $ 850.00 46 ! 25 Pavement Restoration (up to 18" Limerock, 2" Asphalt) SY $ 45.00 $ 1,125.00 $ 70.00 $ 1,750.00 !, $ 67.25 $ 1,681.25 47,, 25 Type "F° Curb & Gutter, Including 4° Limerock Pad LF $ 35.00 $ 875.00 $ 40.00 $ _ 1,000.00 $ 81.00 $ 2,025.00 48 25 Type "D° Curb LF $ 30.00 $ 750.00 $ 40.00 $ 1,000.00 $ 51.00 $ 1,275.00 49 50 25 100 8' Wde Asphalt Exercise Path wth 6° Limerock Base (min. LBR of 100) 4" Concrete Sidewalk (min. 3,000 psi) with Compacted Subgrade LF SY $ $ 32.00 $ 49.50 $ 800.00 4,950.00 $ $ 25.00 45,00 $ 625.00 $ 4,500.00 j $ $ 87.00 38.00 $ 2,175.00 $ 3,800.00 51 100 6" Concrete Sidewalk (min. 3,000 psi) with Compacted Subgrade SY $ 58.50 $ 5,850.00 $ 45.00 $ 4.500.00 $ 46.00 $ 4,600.00 100 25 Remove and Replace Existing 6° Stamped Concrete (min. 3,000 psi with Compacted Su rade __ Brick Pavers (min. 3 118" Thick) on' /." Sand Bed SY SF $ $ 75.00 $ 6.00 $ 7,500.00 150.00 $ 20.00 1200 $ 2,000.00 $ 300.00 $ $ 96.00 8.00 $ 9,600.00 $ 20000 [556 100 Remove and Replace Existing Brick Pavers SY $ 8.00 $ 80000 $ 2000 $ 2,000.00 $ 11.00 $ 1,10000 100 11 100 Remove and Replace Existing Header Curb (up to 12" x 12 ") Install New 8" x 12° Header Curb (min. 4,000 psi) SY SY ! $ $ 75.00 $ 70.00 $ 7,50000 7,000 00 $ $ 30.00 25.00 $ 3,000.00 $ 2,500.00 $ $ 288.00 288.00 $ 2880000 $ 28,800.00 57 58 59 60 61 1 25 2 ! 25 50 Accessible Ramps (Concrete) with Embedded Detectable Warning Surface Furnish and Install Guardrail Per FOOT Standard Index No. 400 Furnish and Install Guardrail End Anchorage Assembly per FOOT Standard Index No. 400 Fumish and Install Pedestrian Handrail per FOOT Standard Index No. 870 Furnish and Install 6' High Temporary Chain Link Fencing EA LF EA LF LF $ $ ! $ $ $ 1,800.00 $ 45.00 $ 750.00 $ 60.00 $ 28.00 $ 1,800.00 1,125.00 1,500.00 1,500.00 1,400.00 $ 1,500.00 $ 30.00 $ 2,500.00 S 100.00 ! $ 12.00 $ 1,500.00 $ 750.00 $ 5,000.00 $ 2,500.00 $ 600.00 $ $ $ $ $ 3,800.00 26.00 2,550.00 65.00 10.00 $ 3,800.00 $ 650.00 $ 5,100.00 $ 1,625.00 $ 500.00 62 - 50 Furnish and Install 4' High Orange Construction Fence LF $ 3.50 $ 175.00 $ 5.00 $ 250 AO $ 6.00 $ 300.00 63 64 j 50 1 1 Plowable Fill -- - -- Concrete Wheel Stops - Installed CY �EA $ - $ 150.00 $ 40.00 $ 7,500.00 4000 $ $ 125.00 50.00 $ 6,250.00 $ 50.00 $ $ 160.00 65.00 $ 8,000.00 $ 65.00 01-0103 -149 Page 2 of 4 1/21/2014 CITY OF AVENTURA EXHIBIT "A" Maintenance and Repair for City Roads, Streets, and Facilities Bid Tabulation for Bid No. 13- 11 -22 -2 (lowest line item price is highlighted in yellow) JVA Engineering Weekley Asphalt Paving, Contractor- Inc. Maana Construction, Inc. Inc. Hem Estimated Description Unit Percentage of Total Project Percentage of Total Project Percentage of Total Project Quantity STORM DRAINAGE 65 25 Pipe Culvert - 12" Diameter HDPE (Installation Includes All LF $ 53.00 $ 1,325�00 l _ $ 55.00 $ 1,375 00 $ 60.00 $ 1,500.00 Bedding, Shorm , etc. as necessary to provide work) 66 25 Pipe Culvert - 15" Diameter HDPE (Installation Includes All LF $ 60.00 $ 1,500.00 $ 60.00 $ 1,50000 $ 76.00 $ 1,900.00 67 25 Bedd rig, Shor rig, etc. as necessary to prow de work) Pipe Culvert - 15" Diameter RCP (Installation Includes All Bedding, LF $ 73.00 $ 1,625.00 $ 75.00 $ 1,87500 $ 80.00 $ 2.000.00 68 25 Shori ,etc. as necessary to provide work Pipe Culvert - 18" Diameter HOPE (Installation Includes All LF $ 65.00 $ _ 1,625.00 $ 65.00 $ 1,625.00 �$16'00 $ 2,250.00 Beddin , Shorin , etc. as necessary to provide work) ! ! 69 25 Pipe Culvert - 18" Diameter RCP (Installation Includes All Bedding, LF $ 78.00 $ 1,95000 $ 80.00 $ 2.000.00 8.00 $ 2,450.00 Shoring, etc. as necessary to provide work) _ 70 i�25 Pipe Culvert - 24" Diameter HOPE (Installation Includes All LF $ 70.00 $ 1,750.00 $ Bo.00 $ 2,000.00 115.00 $ 2,875.00 Bedding, Shoring, etc. as necessary to provide work) _ �$_135.00 71 1 25 Pipe Culvert - 24" Diameter RCP (Installation Includes All Bedding, LF $ 85.00 $ 2,125.00 $ 10000 $ 2,500.00 $ 3,375.00 III Shoring, etc. as necessary to provide work) I- 72 25 Pipe Culvert - 30" Diameter HOPE (Installation Includes All LF $ 78 00 $ 1,95000 $ 60.00 $ 1,500 00 $ 170.00 $ 4,250.00 - 73 25 Shoring, etc. as necessary to provide work) Pp edCulverto 30" Diameter RCP (Installation Includes All Bed7�_ $ 90.00 $ 2,250.00 $ 70.00 $ 1,750.00 $ 180.00 $ 4,500.00 74 _ 25 Pipe Culvert - 36" Diameter HDPE (Installation Includes All $ 85.00 $ 2,125.00 $ 65.00 $ 1,625.00 $ 210.00 $ 5,250.00 Bedding, Shorng, etc. as necessary to provide work) _ ! 75 j 25 Pipe Culvert - 36" Diameter RCP (Installation Includes All Bedding, LF $ 140.00 $ 3,500.00'; $ 75.00 $ 1,875.00 $ 240.00 $ 6,000.00 Shoring, etc. as necessary to provide work) _ _ I 25 Pipe Culvert - 42" Diameter RCP (Installation Includes All Bedding, LF $ 160.00 $ 4,000.00 $ 80.00 $ 2,000.00 j $ 290.00 $ 7,250.00 Shoring, etc. as necessary to provide work) _ _ _ 77 25 Pipe Culvert - 48" Diameter RCP (Installation Includes All Bedding, LF $ 180.00 1 4,500.00 $ 8T00 $ 2,175.00 $ 330.00 $ 8,250.00 !I Shoring, etc. as necessa to provide work) 78 25 Pipe Culvert - 54" Diameter RCP (Installation Indudes All Bedding, LF $ 225.00 $ 5,625.00 $ 88.00 $ 2,200.00 $ 360.00 $ 9,000.00 Shoring, etc. as necessary to provide work) 79 25 Pipe Culvert - 60" Diameter RCP (Installation Includes All Bedding, LF 1 $ 260.00 $ 6,500.00 $ 89.00 $ 2,225.00 $ 400.00 $ 10,000.00 i Shonn , etc. as necessary to provide work) _ _ 80 25 _ Pipe Culvert - 77' Diameter RCP (Installation Includes All Bedding, LF $ 350.00 $ 8,750.00 $ 90.00 $ 2,250.00 $ 900.00 $ 22.500.00 Shoring, etc. as necessary to provide work) _ 81 1 Construct New Drainage Well (6'X12' Structure) (Box Only) EA $ 20,000.00 $ 20,000.00 $12,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 82 I 1 Drill Drainage Well (Up to 150' Depth) w/ 24" Steel Casing (Well EA $ 20,000.00 $ 20,000.00 $15,000.00 $ 15,000.00 $ 92,000.00 $ 92,000.00 83 1 Only) Re -Drill Existing Drainage Well (Up to 150' Depth) EA $ 20,000.00 $ 20,000.00 $ 3,500.00 $ 3,500.00 $ 48,000.00 $ 48,000.00 84 25 4' x 4' Exfltration Trench with 15" Slotted RCP L 180.00 $ 4,500.00 $ 100.00 $ 2,500.00 $ 165.00 $ 4,125.00 85 25 4' x 6' Exfdtration Trench with 15" Slotted RCP LF $ 230.00 $ 5,750.00 $ 100.00 $ 2,500.00 $ 195.00 $ 4,875.00 86 1 1 12" ADS Drain Basin EA EA $ 1,600.00 $ $ 1,800.00 $ 1,600.00 1,800.00 j $ 550.00 $ 800.00 $ $ 550.00 800.00 $ 70000 $ 750.00 $ $ 700.00 750.00 87 1 15" ADS Drain Basin 68 1 18" ADS Drain Basin _ -- -. EA $ 2,000.00 $ 2,000.00 $ 800.00 $ 600.00 $ 800.00 $ 800:00 89.. 1 ... .. 24" ADS Drain Basin EA $ 2,200.00 $ 2,200.00 $ 1,200.00 $ 1,200.00 $ 950.00 S 950.00 90 ^j 1 Drainage Inlet (Type C - 24"x 36 ") $ 3,500.00 $ 3,500.00 $ 2,000.00 $ 2,000.00. $ 4,000.00 $ 4,000.00 91 1 Drainage Inlet (Type C-4 -48" Round) $ 4,275.00 $ 4,275.00 $ 2,500.00 $ 2,500.00 $ 6,800.00 $ 6,800.00 92 - -- 1 Drainage Inlet (Type C -5 -60" Round) JEA $ 5,35i).0o $ 5,350.00 $ 2,500.00 $ 2,500.00 $ 7,700.00 $ 7,700.00 93 1 Drainage Inlet (Type C-6 - 72" Round) $ 8,400.00 $ 8 ,400.00 $ 3,450.00 $ 3.450.00 $ 10,00000 $ 10,00000 94 1 Storm Manhole (Type M-4 - 48" Round) S 4,625.00 $ 4,625.00 $ 3,000.00 $ 3,000.00 $ 5,000.00 $ 5,000.00 95 1 Storm Manhole (Type M -5 -60" Round) I EA $ 5,575.00 $ 5,575.00 $ 3,000.00 $ 3,000.00 $ 7,200.00 $ 7,200.00 96 1 Storm Manhole (Type M-6 - 72" Round) EA $ 8,615.00 $ 8,615.00 $ 3,450.00 $ 3,450.00 $ 8,300.00 $ 8,300.00 97 1 Storm Manhole (Type M -8 -96" Round) EA i - $ 15,000.1)0 $ 15,000.00 $ 3,800.00 $ 3,800.00 $ 11,000.00 $ 11,000.00 98 1 Storm Manhole (Type M -10 - 120" Round) EA $ 22,500.00 $ 22,500.00 $ 4,000.00 $ 4,000.00 $ 19,000.00 $ 19,000.00 99 25 15" Cast -In -Place Pipe Liner LF $ 100.00 $ 2,500.00 $ 25.00 $ 625.00 $ 260.00 $ 6,500.00 100 25 18" Cast -In -Place Pipe Liner LF $ 125.00 $ 3,125.00 $ 25.00 5 _ 625.00 $ 280.00 $ _ 7,000.00 101 25 24° Cast -In -Place Pipe Liner LF $ 175.00 $ 4,375.00 $ 26.00 $ 650.00 $ 300.00 $ 7,500.00 102 25 30" Cast -In -Place Pipe Liner LF $ 225.00 $ 5,625.00 $ 27.00 $ 675.00 $ 370.00 $ 9.250.00 103 25 36° Cast -In -Place Pipe Liner LF $ 300.00 $ 7,500.00 $ 28.00 $ 700.00 $ 560.00 $ 14,000.00 104 25 42" Cast -In -Place Pipe Liner LF $ 350.00 $ 8,750.00 $ 29.00 $ 725.00 ! $ 600.00 $ 15,000.00 105 25 48" Casi -In -Place Pipe Liner - -- LF $ 400.00 $ 10,000.00 $ 30.00 $ 750.00 $ 900.00 $ 22,500.00 106 1 Core -Dnll & Connect to Existing Drainage Structure EA $ 1,200.00 $ 1,200.00 $ 800.00 $ 800.00 $ 600.00 $ 600.00 1 Cleaning - 24" Well Casing up to 100 Feet, Including Proper osal of All Material LF _ $ 100.00 $ 10,000.00 $ 30.00 $ 350.00 $ $___131 3,000.00 350.00 $ 300.00 850.00 $ $ 30.000.00 850.00 n Cleaning, Including Proper Disposal of All Material (Includes EA 8 300.00 $ 300.00 llation of Plugs, Pumps, etc. as necessary to provide work) hole Cleaning, Including Proper Disposal of All Material EA $ 500.00 $ 50000 $ 350.00 $ 350 00 $ 950.00 $ 95000 udes Installation of Plugs, Pumps, etc. as necessary to provide ) V Video Inspection of Existing Pipe /Culvert, Including Written LF $ 10000 $ _ 5,000.00 $ 4.00 $ 20000 $ 7.50 $ 37500 ort (Includes Installation of Plugs, Pumps, etc. as necessary to ide work) _I EA t� 300.00 $ _ 300.00 $ 230.00 $ 230.00 $ 500.00 $ 500.00 111 112 113 1 1 1 Install 15" Plug - 24 -Hour Rate, Includes Removal Install 18" Plug - 24 -Hour Rate, Includes Removal Install 24" Plug - 24-Hour Rate, Includes Removal EA EA $ 500.00 $ $ 700.00 $ 500.00 700.00 800.00 $ 230.00 $ 275.00 $ 350.00 $ $ $ 230 00 275.00 350.00 $ 650.00 $ $ 750.00 $ $ 900.00 $ - 650.00 750.00 900.00 114 1 Install Plug Greater than 24" - 24 -Hour Rate, Includes Removal EA j $ 800.00 $ 115 50 Clean Existing 15" Culvert (Includes Proper Disposal of All EA $ 6.00 $ 30000 1 $ 5.50 $ 275.00 $ 5.00 $ 250.00 Material, Plugs, Pumps, etc. as nece ssary to provide work) _ L�� 01 -0103 -149 Page 3 of 4 1/21/2014 CITY OF AVENTURA EXHIBIT "A" Maintenance and Repair for City Roads, Streets, and Facilities Bid Tabulation for Bid No. 13- 11 -22 -2 (lowest line item price is highlighted in yellow) JVA Engineering Weekley Asphalt Paving, Contractor. Inc. Manna Construction, Inc. Inc. Rem Estimated Quantity Description Unit Percentage of Total Project Percentage of Total Project Percentage of Total Project 116. ' 50 Clean Existing 18' Culvert (Includes Proper Disposal of All Material, Plugs, Pumps, etc. as necessary to provide work) LF $ 8.00 $ _ 400.00 $ 5.50 $ 275.00 $ 6.00 $ 300.00 117 118 119. 50 50 50 _ Clean Existing 24' Culvert (Includes Proper Disposal of All Material, Plugs, Pumps, etc. as necessary to provide work) Clean Existing 30" Culvert (Includes Proper Disposal o All Clean Existing s36" Culvert (includes eProper Disposal of Ali) Material, Plugs, Pumps, etc. as necessary to provide work) LF LF LF $ $ $ 10.00 $ 12.00 $ 14.00 $ _ 500.00 600.00 700.00 $ $ $ 5.50 5.50 5.50 $ 275.00 $ 275.00 $ 275.00 $ $ $ 7.00 9.00 10.00 $ 350.00 $ 450.00 $ 500.00 120 50 Clean Existing 42" Culvert (Includes Proper Disposal of All Material, Plugs, Pumps, etc. as necessary to provide work) LF $ 16.00 $ BW.00 $ 7.50 $ 375.00 _ $ 1200 . $ 600.00 121 50 _ Clean Existing 48" Culvert (Includes Proper Disposal of All Material, Plugs, Pumps, etc. as necessary to provide work) LF __ $ 18.00 $ 900.00 $ 7.50 $ 375.00 $ 15.00 $ 750.00 122, 123 50 50 Clean Existing 54" Culvert (Includes Proper Disposal of All Material, Plugs, Pumps, etc. as necessary to provide work), Clean Existing 60" Culvert (Includes Proper Disposal of All Materal, Plugs, Pumps, etc. as necessary to provide wow LF LF $ $ 20.00 $ 22.00 $ _ _ _ 1,000.00 1,100.00 $ $ 7.50 7.50 $ 375.00 $ 375.00 $ $ 18.00 29.00 $ 900.00 $ 1,450.00 124 1 50 Clean Existing 72' Culvert (Includes Proper Disposal o All Material, Plugs, Pumps, etc. as necessary to provide work) _ LF $ 24.00 $ 1,200.00 $ 7.50 $ 375.00 $ 31.00 $ 1,550.00 125 1 _ Provide 2" Pump with Discharge Line - 24 -Hour Rate EA $ 250.00 $ 250.00 $ 235.00 $ 235.00 $ 200.00 $ 200.00 126 1 Provide 2" Pump with Discharge Line - Weekly Rate EA $ 2,800.00 $ 2.800.00 $ 235.00 $ 235.00 $ 1,000.00 $ 1,000.00 127 1 Pr0vitle 2" Pump with Discharge Line - Monthly Rate E $ 12,000.00 $ 12,000.00 $ 235.00 $ 235.00 $ 3,500.00 $ 3,500.00 128 1 Provide 4" Pump with Discharge Line - 24 -Hour Rate EA $ 400.00 $ 400.00 $ 500.00 $ 500.00 i $ 270.00 $ 270.00 129 1 Provide 4" Pump with Discharge Line - Weekly Rate EA $ 3,800.00 $ 3800.00 $ 500.00 $ 500.00 $ 1,350.00 $ 1,350.00 1301 1 Provide 4" Pump with Discharge Line - Monthly Rate EA ; $ 16,000.00 $ 16,000.00 $ 500.00 $ 500.00 $ 4,900.00 $ 4,900.00 131 1 Provide 6" Pump with Discharge Line - 24 -Hour Rate EA $ 600.00 $ 600.00 $ 500.00 $ 500.00 $ 320.00 $ 320.00 132 •�; 1 Provide 6" Pump with Discharge Line - Weekly Rate EA $ 4,500.00 $ 4,500.00 $ 500.00 $ 500.00 $ 1,600.00 $ 1,600.00 133 1 Provide 6" Pump with Discharge Line - Monthly Rate EA $ 18,000.00 $ 18,000.00 $ 500.00 $ 500.00 $ 5,600.00 $ 5,600.00 PAVEMENT MARKINGS AND SIGNAGE 134 1 Single Post Sign (up to 30' x 30") EAT $ 500.00 $_ . 500.00 $ 600.00 $ 600.00 T $ 380.00 $ 380.00 135 25 4" Solid Stnping (Thermoplastic) LF $ 1.06 $ 26.50 $ 1.00 $ 25.00 $ 3.00 $ 75.00 136 25 6" Solid Stnping (Thermoplastic) LF $ 1.25 $ 31.25 $ 3.00 $ 75.00 $ 4.00 $ 100.00 137 25 8" Solid Stnping (Thermoplastic) LF $ 1.56 $ 39.00 $ _ 3.25 $ 81.25 $ 4.50 $ - 112.50 138 25 12" Solid Striping (Thermoplastic) LF $ 2.50 $ 62.50 $ 3.50 $ 87.50 $ 4.75 $ 118.75 139 25 18" Solid Striping (Thermoplastic) LF $ 4.06 $ 101.50 $ 3.50 $ 87.50 $ 5.50 $ 13Z50 1401 25 24" Solid Striping (Thermoplastic) LF $ 5.63 $ 140.75 • $ 10.00 $ 250.00 $ 7.00 $ 175.00 141 25 6" Skip Stnping (Thermoplastic) LF $ 1.56 39.00 $ 4.00 $ 100.00 $ 4.00 $ 100.00 142 11 25 4" Solid Stnping (Paint) LF $ _$ 0.25 $ 6.25 $ 0.55 $ 13.75 $ 2.50 $ 62.50 43 1434::_255_ 25 6" Solid Striping (Paint) LF $ 0.63 $ 15.75 $ 1.50 $ 37.50 $ 2.90 $ 72.50 144 25 8" Solid Stnping (Pain[) LF $ 0.31 $ - 7.75 $ 1.75 $ 43.75 1 $ 3.50 $ 87.50 145 25 12" Solid Striping (Paint) LF $ 1.25 $ 31.25 $ 1.75 $ 43.75 $ 4.00 $ 100.00 1 25 18" Solid Striping (Paint) LF $ L56 $ 39.00 $ 1.75 $ 43.75 $ 5.00 $ 125.00 147 ! 25 24" Solid Stnping (Paint) LF $ 2.19 $ 54.75 $ 5.00 $ 125.00 1 $ 6.00 $ 150.00 148 25 6" Skip Stnping (Paint) LF $ 0.63 $ 15.75 $ 2.00- $ 50.00 $ 3.00 $ 75.00 149 1 Arrow (Thermoplastic) EA $ 9375 $ 93.75 $ 175.00 $ 175.00 $ 140.00 $ 140.00 150 151 5 Arrow (Paint) Lettering per Letter (Thermoplastic) EA EA $ $ 43.75 $ 125.00 $ 43.75 625.00 $ $ 175.00 15.00 $ 175.00 $ 75.00 1 $ $ 90.00 80.00 $ 90.00 $ 400.00 152 1 Handicap Symbol (Thermoplastic) EA $ 375.00 $ 375.00 $ 350.00 $ 350.00 $ 500.00 $ 500.00 153 1 Handicap Symbol (Paint) E%+ $ 187.50 $ 187.50 $ 350.00 $ 350.00 $ 375.00 $ 375.00 154 10 _ Reflective Pavement Marker (RPM) EA $ 7.50 $ 75.00 $ 10.00 $ 100.00 $ 7.00 $ 70.00 155 10 Remove Existing Thermoplastic Pavement Markings (Hydroblast) LF $ 2.50 $ 25.00 $ 50.00 $ 500.00 $ 16.00 $ 160:00 156 1 Portable Stop Sign (30" x 30 ") E $ 312.50 $ 312.50 $ 100.00 $ 100.00 $ 150.00 $ 150.00 Rem Category Regular Rate Overtime Rate Regular Overtime Rate Regular Rate Overtime Rate HOURLY RATES - - - - - Laborer - 40_00 $ 60.00 S 20.00 S 3000 $ 2400 $ 3850 Equipment Opeator $ 6000 $ 9000 $ 38.00 $ 57.00 $ 29.00 $ 46.40 Foreman - -- -- $ 80.00 $ 120.00 $ 40.00 $ 60.00 $ 38.00 $ 61.00 $ 100.00 $ 150.00 $ 50.00 $ 7500 $ 67.00 $ 10700 r=5 Superintendent Provtle 2" Pump with Discharge Line -Houny Rate $ 250.00 0.00 $ 75.00 $ 30.00 $ 45.00 Provide 4" Pump with Discharge Line - Houny Rate $ 40000 �$706_.00_ 0.00 $ 90.00 $ 35.00 $ 5250 Provide 6" Pump with Discharge Line -Hourly Rate _600.00 $ 105.00 $ 40.00 $ 60.00 01 -0103 -149 Page 4 of 4 1/21/2014 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM it ager DATE: January 22, 2014 SUBJECT: Resolution Approving Legisla ' Programs and Priorities for 2014 February 4, 2014 City Commission Meeting Agenda Item 5, C RECOMMENDATION It is recommended that the City Commission approve the attached Resolution approving the Legislative Programs and Priorities for 2014. This item was reviewed at the January Workshop Meeting. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1831 -14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2014 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City of Aventura 2014 Legislative Program and Priorities, attached hereto, is hereby adopted. Section 2. The City Manager is authorized to take all action necessary to implement the purpose of this Resolution. Section 3. This Resolution shall be effective immediately upon adoption hereof. 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 4th of February, 2014. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES lip t� ' FLT 2014 Mayor Susan Gottlieb Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg City Manager Eric M. Soroka City Clerk Teresa M. Soroka City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. MINIS ., _.I �. .i t� ' FLT 2014 Mayor Susan Gottlieb Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg City Manager Eric M. Soroka City Clerk Teresa M. Soroka City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. CITY OF AVENTURA LEGISLATIVE PROGRAMS AND PRIORITIES 2014 This document is intended to provide direction to the City Manager, City Attorney and Legislative Lobbyist as to the official City position regarding issues and pending legislation which would affect the operation of local government. This document further provides priorities for the acquisition of supplemental funding (grants) for various programs. The City of Aventura will endorse and support legislation that will: 1. Provide a dedicated revenue source for Charter School capital improvements at the same levels provided to the local school boards. 2. Increase or maintain educational funding levels for Miami -Dade County public schools. 3. Amend State law allowing a more economical method of advertising for a public hearing relating to Comprehensive Plan adoption and/ or amendments. 4. Adopt the 2014 Policy Statement of the Florida League of Cities. 5. Enact a law enabling cities to prohibit smoking at city sponsored events or activities and/ or at city parks and facilities. 6. On a state -wide level, ban the use of handheld phones by persons operating motor vehicles, but allowing hands free phone devices. 7. Provide a dedicated revenue source to cities that are located within 1 mile of a facility that houses legalized gambling to offset police and road impact costs to the community. 8. Preserve municipal authority for red light camera safety programs. 9. Amend Safe Harbor provisions (Fla. Stat. 718.116(1)(b) condos and 720.3085(2)(c) HOAs) to increase the liability of qualified lending institutions to the lesser of twenty four months of past due assessments or two percent of the original mortgage in the event of a foreclosure. 10. Seek an amendment to Sec. 790.065, F.S., to enable municipal police departments to decline to release a firearm to a person who has been Baker Acted, in the absence of a court order entered in a replevin case. The law presently restricts firearms purchases and access to concealed weapons permits by certain Baker Acted persons, but does not bar their possession of firearms. 11. Seek an amendment to Sec. 718.116(1) (a) F.S. to protect condominium associations to add the underlined language as follows: "A parcel owner is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the present parcel owner may have to recover any amounts paid by the present owner from the previous owner. For the purposes of this paragraph the term "previous owner" shall not include an association that acquires title to a delinquent property through foreclosure or by deed in lieu of foreclosure The present parcel owner's liability for unpaid assessments is limited to any unpaid assessments that accrued before the association acquired title to the delinquent property through foreclosure or by deed in lieu of foreclosure." CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, C DATE: January 23, 2014 SUBJECT: Resolution Accepting Art Work Entitled "American Spirit" Donated by Zammy Migdal February 4, 2014 City Commission Meeting Agenda Item .- 1J BACKGROUND As discussed at the January 2014 Commission Workshop, the Arts in Public Places Advisory Board recommended that the City Commission accept the art work entitled "American Spirit" donated by Zammy Migdal. The attached Resolution formerly accepts the art work on behalf of the City. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1832 -14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING DONATION OF ART WORK TO THE CITY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Zammy Migdal has offered to donate a significant work of art to the City (the "Art Donation "), entitled "American Spirit ", which is described in Exhibit "A" attached hereto; and WHEREAS, the Arts in Public Places Advisory Board recommends that the City Commission accept the Art Donation; and WHEREAS, the City Commission wishes to accept the Art Donation; and WHEREAS, the City Commission finds that acceptance of the Art Donation is in the best interest of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the above stated recitals are hereby confirmed and adopted. Section 2. Donation Accepted. That the City Manager is hereby authorized to accept the Art Donation on behalf of the City and do all things necessary to carry out the aims of this resolution. Section 3. Effective Date. That this Resolution shall become effective immediately upon adoption hereof. 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 4t" day of February, 2014. Susan Gottlieb, Mayor Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney 2 Zammy Migdal, The American Spirit, 42 "x72 "x22 ", steel & polyurethane CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, CitjOanag DATE: January 24, 2014 SUBJECT: Motion to Adopt Recommendatj,Wn of the Arts in Public Places Advisory Board Regarding Public Art February 4, 2014 City Commission Meeting Agenda Item The following Motion has been placed on the Commission Agenda as discussed at the January Workshop Meeting: "Motion of the City Commission to adopt the recommendation of the Arts in Public Places Advisory Board to authorize the Commission of a piece of art to be selected as an open competition in an amount up to $30,000 to be placed in either the Government Center or Arts and Cultural Center ". EMS /act CCO1833 -14 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City snag r DATE: January 28, 2014 SUBJECT: Resolution Declaring Equipment S plus February 4, 2014 Commission Meeting Agenda Item S-F 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 4th day of February, 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, City Manager FROM. Svetn in berg, ChieM olu:e DATE: 28 January 2014 SUBJECT: Surplus Property I would like to have the attached fisted 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 Crown Victoria VIN: 2FAFP71 W67X136M CITY OF AVENTURA OFFICE OF THE CITY MANAGER TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City na er DATE: January 28, 2014 k SUBJECT: Disbursement of Police Forfeitur6+Wnds February 4, 2014 City Commission Meeting Agenda Item 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 $14,300 for crime scene storage and network video recorder 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 CCO1834 -14 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, FROM: —SWeri Steinberg, QWef of DATE: 28 January 2014 SUBJECT: Use of Forfeiture Funds The Federal Equitable Sharing Agreement (FESA), Section Vlll 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 the below items out of the Federal DOJ account: Crime scene storage $12,000 Upgrade CIS and garage NVR hard drive $2,300 Total Expenditure Request: $14,300 Summary 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. Crime Scene storage — The new Property Room needs storage shelves and bins for item storage regarding securing property and evidence. Network Video Recorder — The current secured police parking garage and new Property Room addition both have security cameras that will be recorded. The current bid already has a new network video recorder factored in to the cost; however, the hard drive needs to be upgraded from 12TB to 16TB to facilitate the recording and time speck storage of these recordings. CITY OF AVENTURA OFFICE OF THE CITY MANAGER M TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City"Manaher DATE: January 30, 2014 SUBJECT: Extension of Green Market !Special )Event Permit February 4, 2014 City Commission Meeting Agenda Item 5-4 RECOMMENDATION It is recommended that the City Commission approve the attached Resolution authorizing the extension of the Green Market Special Events Permit to May 31, 2014 at Founders South. BACKGROUND At the November Workshop Meeting, the City Commission agreed to proceed with the Green Market concept and allowed a temporary Special Events Permit with Whoduz, Inc. beginning December 15, 2013 through February 4, 2014. The idea was that the Market would be reviewed at the end of January to determine if the permit should be extended to May 31, 2014. Based on the success and the community support for the Market, at their last meeting the Community Services Advisory Board passed a motion recommending that the Market be allowed to continue. Based on the foregoing, a Resolution has been placed on the Commission Meeting Agenda to authorize the extension of the Special Events Permit for the Green Market to May 31, 2014. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1835 -14 Temporary Special Event Permit Green Farmers Market General Conditions • The parties agree that WHODUZ, INC. shall conduct a Green Market to be held in the Southern portion of Founders Park located on NE 190th street. Said property is to be used for the sole purpose of conducting the Green Market and for no other purpose whatsoever without the written consent of CITY. • WHODUZ, INC. is authorized to conduct the Green Market on the premises and the same may be open to the public on Sundays from 9 a.m. to 2:30 p.m. beginning December 15, 2013 thru May 31, 2014. The use of the premises shall only be effective beginning two (2) hours prior to the commencement of the event each designated Sunday and terminate two (2) hours after completion of the event. City staff will inspect grounds for any damages caused by Green Market with WHODUZ, INC. staff immediately after each use. • Any change of dates or times must be approved by the City Manager or his designee. From time to time, the CITY may need to utilize the property for other activities; however, WHODUZ, INC. shall be provided at least fourteen (14) day notice should a conflict arise. • The parties acknowledge and agree that the Green Market shall be owned and operated by WHODUZ, INC. WHODUZ, INC. shall provide on -site supervison and be on site during market set -up, operation, breakdown and cleanup. WHODUZ, INC. shall propose rules and regulations for the Green Market, with said rules and regulations being approved by City Manager. WHODUZ, INC. shall actively recruit to ensure a variety of products for sale. • As consideration for the use and occupancy of the premises, WHODUZ, INC. shall pay the CITY one hundred dollars ($100.00) per month for each month of operation to be paid on or before the 15th of the following month. • CITY'S Police Department shall provide, at the sole expense of WHODUZ, INC, off-duty police officers and /or traffic enforcement specialists, as deemed appropriate by the Police Department, for on -site and off -site security and traffic control at the event during all operating hours. • The parties acknowledge and agree that the property and parking lot at Founders Park South, the Government Center parking lot and garage may be utilized by WHODUZ, INC solely for parking purposes only. All vendor vehicles shall be parked at the Government Center Garage. Founders Park North parking lot shall be available to City residents (with proper ID) who are visiting the Green Market. • All signage shall be approved by the City Manager who shall coordinate timely review and processing of a permit for the installation of temporary signs in the park and adjacent rights -of -way. • WHODUZ, INC may not charge an admission fee to the Green Market; however, this provision does not preclude charging vendors for the applicable space. • WHODUZ, INC shall be responsible for all set up, maintenance and cleanup of event area and surrounding park and parking lot. All services, staffing, equipment, facilities, consumables, supplies and other items which are either necessary or incidental to the event and that are not expressly specified in this agreement shall be provided by or through WHODUZ, INC, at their sole expense. WHODUZ, From:The UPS Store 0354 5613380409 01/30/2014 12:00 #043 P.002 /002 INC shall have the sole responsibility for any financial commitments or obligations arising out of this event_ WHODUZ, INC, shall be held solely financially responsible for all damages to the park arising out or from the Green Market. WHODUZ, INC and its agents, employees and independent contractors shall, at all times, strictly comply with the trade and safety standards for the operation of attractions and temporary structures. WHODUZ, INC shall submit to CITY not later than two (2) calendar days prior to commencement of the event, all copies of operating permits and certificates issued by the State of Florida, Department of Agriculture and Consumer Services. WHODUZ, INC shall ensure that such operating permit is displayed at a conspicuous place The Premises shall be maintained by WHODUZ, INC in the original condition except for normal wear and tear. Any damage to these areas shall be repaired by WHODUZ, INC. This includes, but is not limited to, asphalt and plant material. No flea market or carnival type vendors will be allowed, no sun glasses, or clothes. All crafts and or jewelry have to be art and be handmade and homemade. No used or refurbished clothing or products. Ninety percent of the vendors are to be food, healthy, related to a green market WHODUZ, INC shall provide general liability insurance in the amount of $2,000,000 , workers compensation insurance and commercial automobile in a form acceptable to the City Attorney and City Manager. All liability insurance policies shall specifically provide that the CITY is additional named insured with respect to the required coverages and the operations of WHODUZ, INC.. No animals shall be allowed on the premises of the park other than a service animal defined in Section 413.08 (1) (d),F.S. Accepted: �J un Green Market Events Approved: Eric M. Soroka City Manager City of Aventura RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE EXTENSION OF THE GREEN MARKET HELD IN FOUNDERS PARK SOUTH TO MAY 31, 2014; AUTHORIZING THE CITY MANAGER TO ISSUE A SPECIAL EVENT PERMIT TO WHODUZ, INC., BASED ON THE CONDITIONS CONTAINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission wishes to extend the Green Market, which is currently being held each Sunday in Founders Park South, to May 31, 2014. Section 2. The City Manager is authorized to issue a Special Event permit to Whoduz, Inc., based on the conditions contained in Exhibit "A" attached hereto. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. 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 2 PASSED AND ADOPTED this 4th day of February, 2014. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, City Manager BY: Joanne Carr, AIC Community Development Director DATE: January 13, 2014 SUBJECT: Request to Modify Conditional Use Approval Resolution No. 2008 -24 to permit service and sale of wine and champagne at table seating, to modify certain previous conditions of the Resolution and to delete certain previous conditions of the Resolution, all for the Caviar & More! kiosk in the Aventura Mall at 19501 Biscayne Boulevard, Aventura (04- CU -14) February 4, 2014 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request to modify Resolution No. 2008 -24 to extend service and sale of wine and champagne to table seating at the Caviar & More kiosk in the Aventura Mall, 19501 Biscayne Boulevard, Aventura, to include the following modified conditions: i) Wine and champagne may be sold and served to patrons seated at the kiosk counter and at tables in the patio area adjacent to the kiosk only in conjunction with service of food. iv) Customers will net be permitted to nuns Amer mere than one (1) fey F (4) eUnne ghee of wine OF Ghampagne at the kiesk, bu may purchase sealed bottles for off - premises consumption pursuant to applicable State licenses. v) Customers will not be permitted to remove the glass of wine or champagne from the kiosk and /or table seating area. Underlined text indicates addition to existing text. Strike - through text indicates deletion to existing text. It is further recommended that the following conditions of Resolution No. 2008 -24 be deleted in their entirety: ii) Wine and champagne shall be served only to patrons seated at the kiosk. A maximum of six (6) seats will be provided at the kiosk and this number of seats shall not be expanded. iii) Folding screens will be placed on both sides of the seating area to provide privacy for customers of the kiosk and to screen the view for pedestrians in the mall. It is further recommended that the following conditions of Resolution No. 2008 -24 remain in effect: vi) This approval is granted exclusively to Caviar & More Miami, Inc. and may not be transferred to another owner and /or operator of the kiosk. vii) The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. viii) The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of wine and champagne within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. ix) The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over - served at other establishments. x) The conditional use approval may be terminated in the event the City Manager determines that the approval has created and /or is creating a disturbance to the community or to Mall patrons. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. xi) Any discontinuation of the sales and service of wine and champagne for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. THE REQUEST The applicant, Caviar & More Miami Inc. is requesting modification of the conditional use approval granted in 2008 through Resolution No. 2008 -24 to permit sales and services of wine and champagne at its kiosk on the ground floor of the Aventura Mall. The modification is to extend sale and service of wine and champagne to 5 tables with chairs in a patio area adjacent to its kiosk. The modification requests revision to one of the conditions of Resolution No. 2008 -24 and deletion of one condition. (See Exhibit #1 for Letter of Intent and Exhibit #2 for Resolution No. 2008 -24) 2 BACKGROUND OWNER OF PROPERTY Aventura Mall Venture APPLICANT Caviar & More Miami Inc. ADDRESS OF PROPERTY 19501 Biscayne Boulevard, City of Aventura (See Exhibit #3 for Location Map) LEGAL DESCRIPTION Tract R & Part of Tract Q, Aventura 6th Addition, according to the plat thereof recorded in Plat Book 120, Page 20 of the Public Records of Miami -Dade County, Florida (See Exhibit #4 for complete legal description) Zoning — Subject Property: B2 Community Business District Properties to the North: B2 Community Business District, and CF Community Facilities District Properties to the South: B2 Community Business District Properties to the East: B2 Community Business District Properties to the West: U Utilities District Existing Land Use — Subject property: Properties to the North: Properties to the South Properties to the East: Properties to the West: Regional Mall Library & Fire Station Retail & Office Retail, Office & Hotel FEC Railway Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Property to the North: Property to the South Property to the East: Property to the West: Business and Office Business and Office Business and Office Business and Office Business and Office The Site - The Caviar & More kiosk and table seating patio area is located in Space K1999 on the ground floor of the Aventura Mall as shown in Exhibit #5. The Project - The applicant, Caviar & More Miami, Inc., is requesting modification of its conditional use approval granted in 2008 through Resolution No. 2008 -24. The resolution permits the sale and service of wine and champagne to persons seated at 3 the kiosk counter, limits the number of seats and limits the number of glasses of wine and champagne. Sealed bottles of wine and champagne are permitted to be sold for off - premises consumption. Caviar & More has now expanded its seating area to include five tables with chairs in a patio area adjacent to the kiosk and wishes to sell and serve wine and champagne at the tables as well as at the kiosk counter. The kiosk and table seating area are located on the ground floor of the Aventura Mall at 19501 Biscayne Boulevard, Aventura. A photograph of the kiosk and table seating area is attached as Exhibit #6. The applicant is also requesting the following: i) deletion of the condition of Resolution No. 2008 -24 requiring folding screens at the kiosk counter ii) deletion of the condition limiting service of no more than one 4 -ounce glass of wine or champagne, or modification of this condition limiting service to no more than three 4 -ounce glasses of wine or champagne History of the Application Caviar & More applied for conditional use approval for alcoholic beverage service and sale at this kiosk in April of 1999. A public hearing was held on May 4, 1999 to consider the application. City staff recommended approval with the conditions that the approval be granted exclusively to the applicant, that the service of alcoholic beverages be terminated if it created a disturbance to the community and that the hours of operation coincide with the hours of operation of the Aventura Mall. The City Commission did not pass the proposed resolution. The City Commission's concern was that this use could become a "bar" and that it was not appropriate that mall patrons walk past customers drinking at a kiosk in the middle of the mall aisle. The applicant applied again in 2008 with a condition to address the 1999 concerns. It proposed that customers be limited to one (1) glass of wine or champagne and that folding screens be placed at the kiosk counter seating area. The 2008 application was approved through Resolution No. 2008 -24 with eleven conditions, those being: i) Wine and champagne only shall be sold and served at the kiosk only in conjunction with the service of food. ii) Wine and champagne shall be served only to patrons seated at the kiosk. A maximum of six (6) seats will be provided at the kiosk and this number of seats shall not be expanded. iii) Folding screens will be placed on both sides of the seating area to provide privacy for customers of the kiosk and to screen the view for pedestrians in the mall. 4 iv) Customers will not be permitted to consume more than one (1) four (4) ounce glass of wine or champagne at the kiosk, but may purchase sealed bottles for off - premises consumption pursuant to applicable State licenses. ' v) Customers will not be permitted to remove the glass of wine or champagne from the kiosk. vi) This approval is granted exclusively to Caviar & More Miami Inc. and may not be transferred to another owner and /or operator of the kiosk. vii) The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. viii) The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of wine and champagne within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. ix) The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over - served at other establishments. x) The conditional use approval may be terminated in the event the City Manager determines that the approval has created and /or is creating a disturbance to the community or to Mall patrons and /or that the applicant has violated any condition of this approval. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. xi) Any discontinuation of the sales and service of wine and champagne for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. The service and sale of wine and champagne with food has taken place at this kiosk since 2008. Staff has received no concerns from the public or from the Aventura Police Department related to the prior sale and service of wine and champagne at this location. The five tables and chairs in the new patio area are within a 182 square foot area next to the kiosk. The condition that wine and champagne be served only in conjunction with food service is recommended to remain in effect. Staff does not recommend that the number of glasses served be limited to a specific number. The kiosk operator is required to conduct Responsible Vendor Training as a condition of approval. ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura's Comprehensive Plan. The future land use designation for the parcel is Business and Office. 5 Citizen Comments - The Community Development Department has received no written citizen comments as of the date of writing of this report. Community Development Department Analysis - The applicant wishes to serve and sell wine and champagne at its kiosk and at tables in an adjacent patio area in the Aventura Mall. Section 4.2 of the City Code provides that: "(a) Distance from other establishments. Unless approved as a conditional use, no premises shall be used for the sale of any alcoholic beverages, as defined here, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 1,500 feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The 1,500 feet distance requirements shall be measured by following a straight line from the nearest portion of the structure or place of business. (b) Distance from religious facility or school. Unless approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than 2,500 feet from a religious facility or school ..." A liquor survey is required to show spacing and distance to other establishments with an alcoholic beverage use and to religious facilities and schools. The applicant has submitted the liquor survey attached as Exhibit #7. The survey reveals twenty four (24) establishments with an alcoholic beverage use within 1,500 feet and two religious facilities within 2,500 feet. Subsection (e) of Section 4.2 provides for exceptions to spacing and distance requirements. Those exceptions are: private clubs, restaurants in the B1 and B2 zoning districts, cocktail lounges in restaurants, beer and wine sold as a grocery item, bowling alleys, hotels and motels, golf course clubhouses, tour boats, tennis clubs and not -for- profit theatres with live performances. The applicant's place of business does not meet the distance and spacing requirements and the use is not one of the exceptions in the subsection (e); therefore, conditional use approval is required to comply with Section 4.2(a) above. Criteria The following is staff's evaluation of the proposed use using the criteria for approval of conditional uses found in Section 31 -73(c) of the City's Land Development Regulations. 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Business and Office. 0 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed service and sale of wine and champagne will not be detrimental to or endanger the public health, safety or general welfare. The conditions that wine and champagne be served and sold, only in conjunction with food service, that the operator conduct Responsible Vendor Training, that customers not be permitted to remove the glass of wine or champagne from the kiosk or table seating area and that the use may be terminated by the City Manager if the use creates a disturbance to the community will provide safeguards to ensure that the use will not be detrimental. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed use is comprised of retail, restaurant, office, hotel, commercial and medium and high density residential uses. The proposed use is consistent with the community character of the immediate neighborhood. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. The site is developed. The proposed use will not change the current levels of service required. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The site is developed. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the Aventura Mall is existing on Biscayne Boulevard, Aventura Boulevard and West Country Club Drive. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse affects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed use is interior to the Aventura Mall and will have no visual or other adverse affects on adjacent property. Caviar & More Miami, Inc. November 11, 2013 City of Aventura Community Development Department Exhibit #1 19200 West Country Club Drive 04 -CU -14 Aventura, Florida 33180 Re: Letter of Intent l Caviar & More Miami, Inc. (applicant) is applying for Modification of Resolution No. 2008.24, dated May 6, 2008, which is applicable to the Conditional Use to permit for the sale and service of wine and champagne at applicant's existing Kiosk #1999 located at Aventura Mall. Applicant has been a valued employer and taxpayer at Aventura Mall since 1998. During the intervening years, the applicant has enhanced its services to patrons with a diverse gourmet food menu and with full service restaurant capability. As of November 20, 2012, applicant's landlord ( Aventura Mall Venture) renewed, extended and amended the applicant's Lease Agreement to add an additional 182 square feet of Floor Area to the applicant's Kiosk #1999 to include five (5) tables and chairs in a patio area adjacent to Kiosk. The applicant has complied with all restrictions of the original approval as contained in Resolution 2008.24. Our request will be to allow tables and chairs as noted above and we would like to eliminate from Section 1 (iii) involving the folding screens and we would also like to eliminate (iv) related to customer consumption or in the alternative, amend that to not be able to consume more than 3 4 -oz glasses of wine or champagne. Accordingly the applicant is requesting that the City Commission extend the privilege of the Conditional Use cited in Resolution No. 2008 -24 granted in 2008 to include the aforementioned tables in the patio area. Thank you for your consideration Respectfully, Caviar & More Mia Mark Zaslaysky, C www.markys.com T305.758.9288 F 305.758.0008 687 NE 79th St Miami FL 33138 USA RESOLUTION NO. 2008 -24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALES AND SERVICE OF WINE AND CHAMPAGNE AT THE CAVIAR & MORE! KIOSK IN THE AVENTURA MALL AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business; and WHEREAS, the applicant, Caviar & More Miami, Inc., through Application No. 02- CU -08, is requesting Conditional Use approval to permit the service and sale of wine and champagne at the Caviar & More! Kiosk in the Aventura Mall; and WHEREAS, the City Commission held a quasi - judicial public hearing as provided by law to review the application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the sale and service of wine and champagne at the Caviar & More! Kiosk in the Aventura Mall at 19501 Biscayne Boulevard and legally described as Part of Tract Q, Aventura 6th Addition more particularly described in Exhibit "A" is hereby granted subject to the following conditions: 1. Prior to issuance of a certificate of occupancy or completion for the unit, the applicant shall record a covenant, in form satisfactory to the City Manager and the City Attorney, containing the following restrictions: i) Wine and champagne only shall be sold and served at the kiosk only in conjunction with the service of food. ii) Wine and champagne shall be served only to patrons seated at the kiosk. A maximum of six (6) seats will be provided at the kiosk and this number of seats shall not be expanded. Exhibit #2 04 -CU -14 Resolution No. 2008- 44 Page 3 PASSED AND ADOPTED this 6th day of May, 2008. usan Gottlieb, Mayor APPROVED AS TO LE L SUFFIC4ENCY: CITY ATTORNEY This P,4olution was filo in the Office of the City Clerk this 7 day of May, 2008. 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'■ 201 TER. 0) � f---S ■ '°� Turnberry lslc • m �Q. 4eso, t & Club • AVENTURA 6L Subject Site v (\ sir — % 1 O ♦ O Aventura a :r �tation Library Z .r S 1 a a �■ rlventttrU Mall :■ O yp,CHT �' a .r :■ City of ;entura U UJB L ♦ I :r G „mment Center Hip •r 192 S . ,r ^JILLI,4M 1 Off. ► 192 ST. � 191 a �r _ : ■ ST x :r 190 S t.�YST1C i ;� Luehrrtar?ns u Fashion • r • � O ■ lsland \ a ■ 0)j 188 ST • Z • cv MIAMI • • \ w GARDENS DR. ;• _ - 33180 \ c> 185 ST. 331,60- � O \ Al 183 "a i, a D.cm�aundlin 183 ST. a Little Z y Uiliiwns • ;• Bisca),te i Harbour A9au.e 180 ST w '& Point Lake - I ^� Fast < • .� hopp � ^v • ;• lazes ;.a P IN7'�gST Off' L a .in Atlantic Ocean LEGEND o : ' ttta,�te ♦ .: L{zke ♦• ♦♦ Roadways _� ♦♦ - City Boundary ■ ♦ 7 I Code Roundan;, ■ r ♦ ♦' --- ---- - -- Railroad ■ ti♦ Exhibit #3 04-CU-14 Exhibit #4 04 -CU -14 LEGAL DESCRIPTION PARCEL 1: TRACT "R ", OF "AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. PARCEL 2: A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDITION "; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q "; THENCE SOUTH 87 DEGREES 2729" WEST, ALONG THE NORTH LINE OF SAID TRACT "Q" FOR 12.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 35'24" FOR AN ARC DISTANCE OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT "H" OF "AVENTURA FOURTH ADDITION ", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG THE WESTERLY LINE OF SAID TRACT "H" FOR 423.52 FEET; THENCE NORTH 87 DEGREES 52'05" EAST FOR 26.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 0755" WEST FOR 31.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 28'48.8" FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70 DEGREES 20'53.8" EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 20'53.8" EAST FOR 58.66 FEET; THENCE NORTH 25 DEGREES 53'40" WEST FOR 94.96 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 19'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, AND ALONG THE NORTHERLY LINE OF SAID TRACT "Q ", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 04 DEGREES 34'19" FOR AN ARC DISTANCE OF 120.12 FEET; THENCE SOUTH 25 DEGREES 53'40" EAST FOR 117.40 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND BEARS NORTH 46 DEGREES 09'58" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 24'26" FOR AN ARC DISTANCE OF 570.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 23 DEGREES 10'58" FOR AN ARC DISTANCE OF 50.58 FEET; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 10.62 FEET; THENCE NORTH 76 DEGREES 51'05" EAST FOR 342.85 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 39'40" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 810.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 48'35" FOR AN ARC DISTANCE OF 68.00 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 469.40 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 111.00 FEET (THE LAST EIGHT (8) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT "Q "); THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 11'29" EAST FOR 294.34 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 11'29" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST LINE OF SAID TRACT "R ", AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDITION "; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG THE EAST LINE OF SAID TRACT "Q ", HAVING FOR ITS ELEMENTS A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET; THENCE NORTH 69 DEGREES 1755" WEST FOR 25.00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 69 DEGREES 18'08 EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR AN ARC DISTANCE OF 33.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 85 DEGREES 07'16" WEST FOR 87.61 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR AN ARC DISTANCE OF 48.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR AN ARC DISTANCE OF 239.66 FEET; THENCE SOUTH 60 DEGREES 00'00" WEST FOR 30.86 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 79 DEGREES 11'39" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR AN ARC DISTANCE OF 113.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR AN ARC DISTANCE OF 371.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 30'00" WEST FOR 331.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR AN ARC DISTANCE OF 48.00 FEET; THENCE SOUTH 35 DEGREES 30'00" EAST RADIAL TO THE LAST DESCRIBED CURVE FOR 31.98 FEET; THENCE SOUTH 29 DEGREES 58'54" WEST FOR 92.90 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 07 DEGREES 29'11" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR AN ARC DISTANCE OF 532.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR AN ARC DISTANCE OF 51.56 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 53 DEGREES 02'45" EAST FOR 0.31 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR AN ARC DISTANCE OF 251.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR AN ARC DISTANCE OF 10.96 FEET; THENCE SOUTH 45 DEGREES 02'32" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 34'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH LINE OF SAID TRACT "Q" HAVING A RADIUS OF 5594.58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 13'04" FOR AN ARC DISTANCE OF 411.84 FEET; THENCE SOUTH 73 DEGREES 10'52" WEST ALONG THE SOUTH LINE OF SAID TRACT "Q" FOR 193.18 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCENTRIC WITH THE LAST DESCRIBED CURVE, SAID POINT BEARS SOUTH 05 DEGREES 24'45" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5629.58 FEET AND A CENTRAL ANGLE OF 01 DEGREES 01'21" FOR AN ARC DISTANCE OF 100.46 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 06 DEGREES 00'16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1070.17 FEET AND A CENTRAL ANGLE OF 27 DEGREES 09'18" FOR AN ARC DISTANCE OF 507.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 56 DEGREES 50'26" WEST FOR 488.24 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1221.67 FEET AND A CENTRAL ANGLE OF 23 DEGREES 12'04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH 11 DEGREES 19'21" WEST FOR 10.69 FEET; THENCE NORTH 09 DEGREES 46'52" EAST FOR 73.41 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09 DEGREES 46'52" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 05'13" FOR AN ARC DISTANCE OF 374.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 0755" WEST FOR 200.00 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 0755" WEST FOR 283.37 FEET; THENCE NORTH 47 DEGREES 0755" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 0755" WEST FOR 90.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF AVENTURA BOULEVARD; THENCE SOUTH 87 DEGREES 2729" WEST ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 12.60 FEET TO A POINT; THENCE 78.18 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 70.45 FEET BEARING SOUTH 42 DEGREES 39'47" WEST TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1), AS SHOWN ON THE PLAT OF " AVENTURA FOURTH ADDITION ", AS RECORDED IN PLAT BOOK 116, PAGE 34 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 1320.72 FEET TO A POINT; THENCE NORTH 87 DEGREES 52'05" EAST FOR A DISTANCE OF 435.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 170.36 FEET TO A POINT; THENCE NORTH 15 DEGREES 30'00" WEST FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 380.10 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 6.62 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 94.67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 78.54 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 31.21 FEET TO A POINT; THENCE SOUTH 15 DEGREES 30'00" EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30'00" WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST FOR A DISTANCE OF 85.78 FEET TO A POINT; THENCE NORTH 65 DEGREES 00'00 WEST FOR A DISTANCE OF 162.20 FEET TO A POINT; THENCE 320.42 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 2250.00 FEET AND A CHORD OF 32-0.15 FEET AND BEARING NORTH 60 DEGREES 55'13" WEST TO A POINT; THENCE NORTH 56 DEGREES 50'26" WEST FOR A DISTANCE OF 325.26 FEET TO A POINT; THENCE NORTH 49 DEGREES 47'23.6" WEST FOR A DISTANCE OF 485.32 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING. FURTHER LESS & EXCEPTING FROM PARCEL 2 THE FOLLOWING DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 17502, PAGE 4216 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA, TO -WIT: THOSE PORTIONS OF TRACT "Q ", AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, IN THE NORTHWEST ONE- QUARTER (N.W. 1 /4) OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "Q "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FOR THE FOLLOWING THREE (3) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 29.240 METERS (95.93 FEET); (2) THENCE NORTH 01 DEGREES 28'13" EAST, A DISTANCE OF 43.775 METERS (143.62 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 82.872 METERS (271.89 FEET) TO REFERENCE POINT "A" AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'07" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 0721" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'07" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. AND COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FORTH FOLLOWING FIVE (5) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48'10" WEST, A DISTANCE OF 12.497 METERS (41.00 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 15.246 METERS (50.02 FEET); (4) THENCE NORTH 01 DEGREES 50'16" EAST, A DISTANCE OF 39.719 METERS (130.31 FEET); (5) THENCE NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'01" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET), THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'01" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. PARCEL 3: ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF MIAMI -DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: "QUADRANT D" A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE S.E. CORNER OF TRACT "R" OF SAID PLAT OF "AVENTURA SIXTH ADDITION ", SAID POINT BEING ON A CURVE CONCAVE TO THE N.E.; THENCE ALONG THE WESTERLY RIGHT - OF -WAY LINE OF WEST COUNTRY CLUB DRIVE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; (2) THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 2 DEGREES 49'41" FOR 229.85 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 9 DEGREES 32'14" FOR 212.25 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50.0 FEET AND A CENTRAL ANGLE OF 86 DEGREES 09'34" FOR 75.19 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5594 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 00'20" FOR 98.19 FEET TO A POINT; THENCE N 45 DEGREES 02'32" W FOR 25.00 FEET TO A POINT ON A CURVE TO THE LEFT, SAID POINT BEARS S 45 DEGREES 02'32" E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR 10.96 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A. RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'45" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR 51.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR 532.17 FEET TO A POINT ON SAID CURVE, SAID POINT BEARS S 7 DEGREES 29'11" W FROM THE CENTER OF SAID CURVE; THENCE N 29 DEGREES 58'54" E FOR 92.90 FEET; THENCE N 35 DEGREES 30'00" W FOR 31.98 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 110.0 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR 48.00 FEET TO A POINT OF TANGENCY; THENCE N 29 DEGREES 30'00" E FOR 331.34 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR 371.43 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR 113.10 FEET TO A POINT ON SAID CURVE; THENCE N 60 DEGREES 00'00" E FOR 30.86 FEET TO A POINT ON A CURVE TO THE RIGHT, SAID POINT BEARS N 63 DEGREES 19'08" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR 239.66 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR 48.66 FEET TO A POINT OF TANGENCY; THENCE N 85 DEGREES 07'16" E FOR 87.61 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR 33.73 FEET TO A POINT ON SAID CURVE; THENCE S 69 DEGREES 17'55" E FOR 25.0 FEET TO THE POINT OF BEGINNING. PARCEL 4: A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "R" OF SAID PLAT OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 40' 32" WEST, ALONG THE WEST BOUNDARY LINE OF SAID TRACT "R" AND ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 116.48 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE NORTH 02 DEGREES 40' 32" WEST, ALONG THE PREVIOUSLY DESCRIBED LINE OF 700.65 FEET; THENCE SOUTH 87 DEGREES 19' 28" WEST, ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST, ALONG A LINE 42.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACT "R ", FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING. N O Exhibit #5 04 -CU -14 a r � O m I r m co C 'a fD r < c� v co n rt O o- NA At t7 k DATE :01/21/2014 FILE NUMBER: CAM.ST.01 -14 PROPERTY ADDRESS : 19575 BISCAYNE BOULEVARD UNIT K1999 AVENTURA, FL 33180 CERTIFICATIONS: LEGAL DESCRIPTION : COUNTY : MIAMI -DADE STEPHEN CAMPOS / CAVIAR & MORE A PORTION OF TRACT "O" OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 120, AT PAGE 20 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. Exhibit #7 04-CU -14 FLOOD INFORMATION: COMMUNITY NUMBER: 120676 PANEL NUMBER: 0134 DATE OF INDEX: 09 -11 -2009 SUFFIX: L,; FLOOD ZONE: AE BASE FLOOD ELEV: 7.0.d"` LEGEND & ABBREVIATIONS: GENERAL NOTES: A'c____ ...AIR CONDITIONER OVERHEAD CABLES(OH) THIS IS A COPYRIGHT DOCUMENT CONTAINING PROPRIETARY INFORMATION BM BENCHMARK — o„ AND IS NOT WARRANTED BY ALLSTATE SURVEYING, LLC. OR THE SIGNING (C) .. .__.CALCULATED POLYVINYLCHLORIDE FENCE (PVCF) SURVEYOR WHEN COPIED BY OTHERS. C .............CONCRETE GUTTER OR 'VALLEYED GUTTER C & G.__....CURB & GUTTER WIRE OR CHAIN LINK FENCE (OLE) UNLESS OTHERWISE SHOWN HEREON, THE FOLLOWING NOTES APPLY: CH .__._._.CHORE) — "— X— RECORD AND MEASURED CALLS ARE IN SUBSTANTIAL AGREEMENT AND POINTS C.ME_. _._CANAL MAINTENANCE EASEMENT WOOD FENCE (WE) —n — ARE WITHIN 0.10' POSITIONAL TOLERANCE. CNA._.._..CORNER NOT ACCESSIBLE METAL FENCE (ME) THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS OR OTHER coNC...... CONCRETE D ...............DELTA (CENTRAL ANGLE) MASONRY OR CONCRETE BLOCK WALL RECORDED ENCUMBRANCES NOT SHOWN ON THE PLAT AND THE SAME, IF ANY D E._...._._..DRAINAGE EASEMENT MAY NOT BE SHOWN ON THIS SKETCH. EOP. _. _ EDGE OF PAVEMENT CONCRETE UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS Fc ._FENCE CORNER .. -.. a _ ., '' WERE NOT LOCATED. For _. _.FOUND DRILL HOLE ELEVATIONS ARE BASED ON NGVD 29 OR NAVD 88 AS NOTED ON SKETCH. FE _.FENCE ENDS ............. F.F FINISHED FLOOR ovERHANC(o/H)oR ROOF �� (FLOOD ZONES: "B", "C", "D" & "X" ARE NOT IN DESIGNATED FLOOD HAZARD ZONE AREA. Fl-,FIR __ _FOUND IRON PIPE /ROD _-- —� FENCE TIES ARE TO THE CENTERLINE OF THE FENCE. FENCE OWNERSHIP NOT FN_._. ._. FOUND NAIL V COMMUNICATIONS BOX DETERMINED BY THIS OFFICE. FN &D _.FOUND NAIL AND DISC CATCH BASIN WALL TIES ARE TO THE FACE OF THE WALL. F Pk N ...FOUND PARKER KALON NAIL I D ._suRVevoR•s IDENTIFICATION - SEWER MANHOLE 'BASIS OF BEARINGS, IF ANY, ARE ASSUMED PER PLAT AND /OR LEGAL DESCRIPTION. CHATT �.......CHATTAH000HIE, EPDXY -STONE ' THIS SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE PURPOSE FOR USE AS AN L._.. ...__._.LENGTH: UTILITY POLE (UP) AID IN OBTAINING TITLE INSURANCE ON THE HEREON DESCRIBED PROPERTY. L.A E LIMITED ACCESS EASEMENT LIGHT POLE (LP) NO ADDITIONAL WARRANTIES ARE HEREBY EXTENDED. L.ME.-__._LAKE MAINTENANCE EASEMENT 14' WATER METER (WM) THIS SURVEY IS VALID IN ACCORDANCE WITH F.S. 627.7842 FOR A PERIOD OF 90 DAYS (M) ..............MEASURE O'S_..____.. OFFSET UTILITY ANCHOR FROM THE DATE OF CERTIFICATION. (P ... ..PLAT PC _.POINT of cuRVnruRF FIRE HYDRANT (FH) I HEREBY CERTIFY THAT THIS SKETCH OF SURVEY PC C ..POINT OF COMPOUND CURVATURE PL CENTER LINE WAS MADE UNDER MY RESPONSIBLE CHARGE 1•L II' 111� T) PO.B. ___ Po TTOF BEGINNING P.O.C... R PROPERTY LINE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF SAID SURVEY MEETS THE MINIMUM TECHNICAL X�`GV y5F XI.L)7fiR __...POINT OF COMMENCEMENT P RC..__._. POINT OF REVERSE CURVATURE WATER VALUE / CLEANOUT STANDARDS SET FORTH BY THE FLORIDA BOARD 4636 P. R ......... PERMANENT REFERENCE MONUMENT PT POINT OF TANGENCY ® CABLE BOX (CA.TV.) OF PROFESSIONAL LAND SURVEYORS IN CHAPTER R. ....__._..RADIUS ® ELEVATRIC METER (EM) 5J -17 FLORIDA ADMINISTRATIVE CODE FURTHER, (R) _....RECORD RAN ...RIGHT -OF -WAY SIR .....SET 112' IRON ROD X71 ELECTRIC BOX (FPL) �. THIS DOCUMENT IS ELECTRONICALLY SIGNED AND SEALED PURSUANT TO SECTION 472.027, OF THE SND.....___ SET NAIL AND DISC HANDICAP PARKING (HCP) FLORIDA STATUTES AND CHAPTER 5J -17 OF THE f 51.A I-L f )F (TYP.) - -._ _ ..TYPICAL U.E.... UTILITY EASEMENT M22=1 PLANTER OR PLANTED FLORIDA ADMINISTRATION CODE. %. �' F I ORIU W.E.. EDGE (C) 2013 .WATER'S POINTS OF INTEREST OA SPECIFIES POINT OF INTEREST ELEVATION MARKER O O SPECIFIES POINT OF INTEREST TREE (SIZE/TYPE) BILL H. HYATT, JR QR CODE • SCAN ' . ` `L'/ _` TREE (SIZE/ TYPE) PROFESSIONAL LAND SURVEYOR STATE OF FLORIDA LICENSE NUMBER: 4636 FIELD DATE: 01/16/2014 SIGNED DATE: 01/21/2014 • L Q TREE ( SIZE/ TYPE) .� T .�. v^ - AllState Sur v , • ❑ � ���� TREE (SIZE /TYPE) Corporate Head Quarters. 1644 N Nob Hill Road 11429. Sunnse, Florida 33351 PAGE 1 of 3 FILE NUMBER: CAM.ST.01 -14 PH: (888) 569 -0480 1 www.AllStateSurveyors.com I FAX: (888) 569 -4590 51; la rk L -,p lWha-d M, > Atwaram ,2 500 FOOT A4.0JUS COMAfflArITY USE a SCALE: 1" = 800' co Well, -a Lardmar< a I a-y; bqik Maf.vipll, Plaza :11a.za ,500 TOOT )UOJZ FATZOAT 4f9575 BI MA.YNE BLVD .4VTAT&A4, JrL M180 try 'ein, 0., t, T; , Word r, lod MiniFt es , y lry- 'ent .e,t-r 51; la rk L -,p lWha-d M, > Atwaram ,2 500 FOOT A4.0JUS COMAfflArITY USE a SCALE: 1" = 800' COMMUNITY USES: A OJUS PARK 18995 W DIXIE HIGHWAY AVENTURA, FL 33180 B FOUNDER'S PARK- 19200 W COUNTRY CLUB DRIVE AVENTURA, FL 33180 C AVENTURA CITY OF EXCELLENCE SCHOOL 3333 NE 188TH STREET AVENTURA, FL 33180 D CLASH CHURCH 19900 W COUNTRY CLUB DRIVE AVENTURA, FL 33180 E WORD OF GOD MINISTRIES 19300 W DIXIE HIGHWAY AVENTURA, FL 33180 LIQUOR LICENSES: 1 BELLA LUNA 19575 BISCAYNE BOULEVARD #1097 AVENTURA, FL 33180 4COP 2 59TH & LEX RESTAURANT 19555 BISCAYNE BOULEVARD AVENTURA, FL 33180 2COP 3 CAVIAR & MORE 19501 BISCAYNE BOULEVARD #K1999 AVENTURA, FL 33180 2COP 4 CHE PASTA AT AVENTURA 19575 BISCAYNE BOULEVARD #1373 AVENTURA, FL 33180 2COP 5 CHEESECAKE FACTORY 19501 BISCAYNE BOULEVARD #791 AVENTURA, FL 33180 4COP 6 COURTYARD BY MARRIOTT 2825 NE 191ST STREET AVENTURA, FL 33180 4COP 7 CVS PHARMACY 2974 AVENTURA ROAD AVENTURA, FL 33180 2APS 8 FRESKO 19048 NE 29TH AVENUE AVENTURA, FL 33180 2COP 9 GRAND LUX CAFE 19575 BISCAYNE BOULEVARD AVENTURA, FL 33180 COP 10 LUCA BELLA 19088 NE 29TH AVENUE AVENTURA, FL 33180 4COP 11 MAMA SBARRO PIZZA COMPANY 19575 BISCAYNE BOULEVARD #1455 AVENTURA, FL 33180 2COP 12 MARRIOTT RESIDENCE INN 19900 WEST COUNTRY CLUB DRIVE AVENTURA, FL 33180 4COP 13 NORDSTROM CAFE BISTRO 19507 BISCAYNE BOULEVARD AVENTURA, FL 33180 2COP 14 PIACERE NEWS & CAFE 19575 BISCAYNE BOULEVARD #K1992 AVENTURA, FL 33180 2COP 15 PIZZA ROMA 19090 NE 29TH AVENUE AVENTURA, FL 33180 2COP 16 SALSA GRILL RESTAURANT 19575 BISCAYNE BOULEVARD AVENTURA, FL 33180 2COP 17 SHRIMP MARKET 19575 BISCAYNE BOULEVARD #1429 AVENTURA, FL 33180 2COP 18 SUSHI SIAM 19575 BISCAYNE BOULEVARD #3206 AVENTURA, FL 33180 4COP 19 TANGO GRILL PARRILLADA 19575 BISCAYNE BOULEVARD #1425 AVENTURA, FL 33180 2COP 20 THE CHEESE COURSE 19575 BISCAYNE BOULEVARD #383 AVENTURA, FL 33180 2COP 21 THE GRILL ON THE ALLEY 19501 BISCAYNE BOULEVARD #783 AVENTURA, FL 33180 4COP 22 TRATTORIA ROSALIA 19501 BISCAYNE BOULEVARD AVENTURA, FL 33180 2COP 23 VI AT AVENTURA 19333 WEST COUNTY CLUB DRIVE AVENTURA, FL 33180 4COP 24 PARADISE CAFE 19575 BISCAYNE BOULEVARD #1417 AVENTURA, FL 33180 2COP I PAGE: 3 OF 3 1 FILE NUMBER: CAM.ST.01 -14 I 2,500' AND 1,500' RADIUS SURVEY I ` APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if 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 �LL. STWT1C "U K\JE -1 / /VG) Relationship (i e. Attorneys, Architects. Landscape Architects, Engineers, Lobbyists, Etc.) 2 q u P� v& Sr'E pH,E� 6f (JIVALDi, NOOV CJ9 ti✓mg 4 M 0►4 ( M % a y►1 1 _ :1:,uc, ,4 77-0RNI- )( (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND 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 2I DAY OF _./ dNt✓ _, 201 y AUTHORIZED REPRESENTATIVE OF APPLICANT. OWNER By. --��— — ignalure) Name:_! % PA4 Yf-� C C (Prin!) Title• o Address: / (' 0 D ti w J S' S /-;'' 40tl— STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) By: (Signature) Name: (Print) Title: Address: Before me the undersigned authority personally appeared as the authorized representative of the Applicant andlor the owner of the property subject to the application, who being first by me duly swom, did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME lhisZ/ day of 1<Lflk� . 2f10�/ Notary Public State of Florida At Large Printed Name of Notary ! y ,µy My commission expires: ZC / S� IRINA MI SNEFES Notary Public - State of Florida My Comm. Expires Oct 21, 2015 Commission # EE 139300 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark with "x" applicable portions only) Affant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which y the application will be presented. [ ] 2 Affant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows [ j i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative, [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or 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 i3 DAY OFr� -' 20fi APPLICANT: B (Signature) Name: S i ��1� �' C✓ - nz,105 (Print) Title: f° O (Print) WITNESS MY HAND THIS DAY OF PROPERTY OWNER By Name Title: 200_ 'The terms "Business Relationship, " "Client, " "Customer, " 'Applicant, " "Representative" and 'Interested Person" are defined in Section 2 -395 of the A ventura City Code. NOTARIZATION PROVISION 12 Ls /4z /f S STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this 1-3 day of J tf*L� IRINA MITSNEFES Notary Public - State of Florida My Comm. Expires Oct 21, 2015 Commission # EE 139300 STATE OF FLORIDA " ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this _ day of STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is he and correct the Affiant, who being first by me duly sworn, did swear or affirm that he /she AFFIANT 20V Notary Public State of Ion At Lar Printed Name of Notary My commission expires: the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT 200_. Notary Public State of Flonda At Large SWORN TO AND SUBSCRIBED before me this day of , 200_. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) _Before me, the undersigned authority, personally appeared __ __ executed this Affidavit for the purposes stated therein and that it is true and correct Printed Name of Notary My commission expires the Affiant, who being first by me duly sworn, did swear or affirm that he /she AFFIANT Notary Public State of Flonda At Large Printed Name of Notary My commission expires, - - -- the Affiant, who being first by me duly sworn, did swear or affirm that he /she SWORN TO AND SUBSCRIBED before me this day of _, 200 AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires' .IF ) BUSINESS RELATIONSHIP AFFIDAVIT* , Qu CIO AzeVa L•C De0hpm"t We -��v if-io Akan trims "O' "a a Im"m ROM ma Waml "mmd A CAY lwwo.mv Xj : At QNAUr ED O in whm rue,iobses inal .f"s nave a E is rcs Re�x015fl ; I X:r 3oaru to wi,ci ine wp!,caT,cn vi i be vfcscnlc.o as fn' CWs jrf, Bj-jnc3s R(?,xionsrup ab memt)-! c, Gtr OW < "s To nw— 11 m W Apo sm u Ruplymm ve 'A=e & C 5c"re's a I-'al'lcr r") SIC-0 Or ".y o a I en 1 a mome A m C n • 0 own W e Wn"y"'a marg i'm❑ we son dzu v V " c sx. y= W� a m"Wom umnow Im Ac"! ca-t -'s EWT i a zm"' 0 c. 0, vvm._n�_ x ,WT mW m-'-s nes _'t „« can. L' -ASS Vv HAQ -IS DA" S I 2 An W qv A Wun NOTARIZATION PROVISION STATE OF FLORIDA COUNTY OF %W-DADE) Before me, the undersigned athadly, persavoy app-ad 4 the Affiarit who bang first by me duty sworn. did Swear or affirm M heiishe exeo*W this Affidavit for the purposes Stated lherm and to R is he and correct AFF1ANr ELISA GONZALEZ SWORN TO AND SUBSCRIBED before me this my o(_ My COMMISSION 9 EE N8991 EXPIRES: June 1 2015 STATE OF FLORIDA ) COUNTY OF MIAMI -DADS) Before mix 0* undersigned authddly, personaky appeared execiged M AffidavA for the purposes slated therein and that A is trw and correct. SWORN TO AND SUBSCRIBED betre me the —day of— _200_ STATE OF FLORIDA COUNTY OF MIAMI -DADS) Before M the undersigned msthonly, personally app" MwW this AffideW for Me Wpow stated therein and that A is UN and ayfecL SWORN TO AND SUBSCRIBED before me this — d8Y Of - __ — 200- STATE OF FLORIDA ) COUNTY OF MWAW)ADE) Before me. me undersigned augho". personally appeared exerted the AffidVA for the purposes Stated therein and that it is live and correct. SWORN TO AND SUBSCRIBED before me this - -- daYol - — _200 Bonded Thru Bud" Natxry SKwe f2CRery Public SW of Florida At Large Pfinled Name of No" myooramissiorievifes:_ the Mani, who being Eat by me duly sworn, did Swear or An that helshe AFFIANT Notary Public State of Florida At Large 15nnted Name OINotary My commission expires. the Affiam, who being first by me duly Sworn, did swear or affirm that hetshe 46W Notary Public State of Florida At Large Pri nSBd N" O�fihotaly7 -- - - -- My comimission expires:_ ___ the Aftnt who b" first by me d* Sworn. did Swear or affiM that heMe AFFIANT Notary Public State Of 1`10008 At L-119e PW0ed Name of Notary MY commission ewes. BUSINESS RELATIONSHIP AFFIDAVIT* �4i qrr� This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark with °x' applicable portions only) Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which / \ the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows _ (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as follows: (J i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative, ( III Member of City Commission or Board is a partner, cc- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer wdh the Applicant or Representative in any business venture, [ J iii The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, [ J iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000 00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, (] vi. The member of the City Commission or Board is a Customer of the Applicant or 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; DAY OF _ _ 2,! U � / J APPLICANT: By. (Signature) Name ?hiA1 b L _ (Print) Title: PFF_S r 7_�) F NT CCU_ —(Print) WITNESS MY HAND THIS PROPERTY U &NER By:_ Name: DAY OF 200_ (Signature) (Print) (Print) 'the terms 'Business Relationship," "Client," "Customer,° 'Applicant," "Representative" and 'Interested Person" are defined in Section 2 -395 of the Aventura City Code. WITNESS MY HAND THIS _ DAY OF _ —_ —,200--. REPRESENTATIVE: (Listed on Business Reiationship Affidavit) BY ; Srgnaturr'.' BY Name _ (Ffirnt) Name _ — _ - (Pant) TXe _— _ - (Print) T be: __ - -�_- (Pont) By. (Signature) By: —_— _ (Signature Name , — (Print) Name _(Print) Title: — (Print) Title — _ (Print) By: _ (Signature) By (Signature Name: _(Print) Name (Print) Tile (Punt) Title _(Print) _ By (Signature) By: - -- _ _ (,Signatofo Title: _ _(Polo) Title: — (Print) Title. - - -_ (Pont) Ti fie* _ — (Pont) By —_ (Sy iau ire,) By, — (Signmillo Title (Pont) Title ("Print) Title Title: (Print) By: (SignaturP) By: (_Sgfwturo Title— Title _(Print) Title.___ (Print) Title __(Punt) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies ') .Applicants and Aftlants are ad\ iced to timely supplement this kffidavit pursuant to Sec. '1 -i 1tb)t_'gi\ ) of the CitN's Land Development Re��,ulations in the City Code, in the went that prier to con >ideration of the application b} the City Board or Commission. the information provided in the .attidarit hecome incorrect or incoinplete. NOTARIZATION PROVISION STATE OF FLORIDA J COUNTY OF MIAMI -DADE) Before rne, the undersigned authority, personally appeared' iY L- Lt the Affiant, who bein) first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes staled therein and that it is Irue and correct. 4 AFFIANT SWORN TO �N 20H Notny ftk - Roof y C .�mm� #t'�W Notary Publi Slate of Florida At Large '•, �• My Printed Name of Notary , g , •' goy %golo My commission expires�� j f STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ -_, the Affiant, who being first by me duly sworn, 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 this __ —_- day of — 200 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this ___ day of 200 AFFIANT -..__ _-.__._.- _____ _.._..____._ Notary Pubiic State of Florida At Large Printed Name of Notary My commission expires:_ the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:------ - - -- - --- - - -° - - -- --- -- - -- - STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared __ Lhe Affianl, who being first by me duly sworn, did swear or affirm that he /she executed this Affidavit for the purposes stated therein and Nat it is true and correct. SWORN TO AND SUBSCRIBED before me this ____ day of -, 200_ AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ and RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING MODIFICATION OF CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO. 2008 -24 TO PERMIT THE SALES AND SERVICE OF WINE AND CHAMPAGNE AT THE CAVIAR & MORE KIOSK AND TABLE SEATING AREA IN THE AVENTURA MALL AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; MODIFYING CERTAIN CONDITIONS OF RESOLUTION NO. 2008 -24; DELETING CERTAIN CONDITIONS OF RESOLUTION NO. 2008 -24; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business; WHEREAS, the applicant, Caviar & More Miami, Inc., through Application No. 04- CU -14, is requesting modification to the Conditional Use approval granted through Resolution No. 2008 -24 to permit the service and sale of wine and champagne at the Caviar & More kiosk and table seating area in the Aventura Mall, to modify Conditions i), iv) and v) of the Resolution and to delete Conditions ii) and iii) of the Resolution; and WHEREAS, the City Commission held a quasi - judicial public hearing as provided by law to review the application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the sale and service of wine and champagne at the Caviar & More kiosk and table seating area in the Aventura Mall at 19501 Biscayne Boulevard legally described as Tract R & Part of Tract Q, Aventura Resolution No. 2014 - Page 2 6th Addition, more particularly described in Exhibit "A" is hereby granted subject to the conditions following in Section 5. of this Resolution. Section 2. Conditions numbered i), iv) and v) of Resolution No. 2008 -24 are hereby modified as follows': i) Wine and champagne may be sold and served to patrons seated at the kiosk counter and at tables in the patio area adjacent to the kiosk only in conjunction with service of food. iv) Customers Will Rot be permitted tO Gonsurner mere than GRe (1) four (4) OURGe glass of wine OF Gharnpagne at the kiosk, may purchase sealed bottles for off - premises consumption pursuant to applicable State licenses. v) Customers will not be permitted to remove the glass of wine or champagne from the kiosk and /or table seating area. Section 3. Conditions numbered ii) and iii) of Resolution No. 2008 -24 are hereby deleted in their entirety. Section 4. Conditions numbered vi), vii), viii), ix), x) and xi) of Resolution No. 2008 -24 shall remain in full force and effect. Section 5. Prior to City approval of a revision to the liquor license for the expanded area of alcoholic beverage sales and service, the applicant shall record a covenant, in form satisfactory to the City Manager and the City Attorney, containing the following restrictions: i) Wine and champagne may be sold and served to patrons seated at the kiosk counter and at tables in the patio area adjacent to the kiosk only in conjunction with the service of food. ii) Customers may purchase sealed bottles for off - premises consumption pursuant to applicable State licenses. iii) Customers will not be permitted to remove the glass of wine or champagne from the kiosk and /or table seating area. iv) This approval is granted exclusively to Caviar & More Miami, Inc. and may not be transferred to another owner and /or operator of the kiosk. V) The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. vi) The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of wine and champagne within twelve (12) months of the date of the Resolution or the approvals granted shall Underlined text indicates addition to existing text. Strike - through text indicates deletion to existing text. Resolution No. 2014 - Page 3 be deemed null and void unless extended by a motion of the City Commission. vii) The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over - served at other establishments. viii) The conditional use approval may be terminated in the event the City Manager determines that the approval has created and /or is creating a disturbance to the community or to Mall patrons and /or that the applicant has violated any condition of this approval. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. ix) Any discontinuation of the sales and service of wine and champagne for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. Section 6. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 7. 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 4 PASSED AND ADOPTED this 4th day of February, 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 February, 2014. CITY CLERK EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: TRACT "R ", OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. PARCEL 2: A PORTION OF TRACT "Q" OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT OF " AVENTURA SIXTH ADDITION "; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q "; THENCE SOUTH 87 DEGREES 27'29" WEST, ALONG THE NORTH LINE OF SAID TRACT "Q" FOR 12.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 3524" FOR AN ARC DISTANCE OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT "H" OF " AVENTURA FOURTH ADDITION ", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG THE WESTERLY LINE OF SAID TRACT "H" FOR 423.52 FEET; THENCE NORTH 87 DEGREES 52'05" EAST FOR 26.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 31.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 28'48.8" FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70 DEGREES 20'53.8" EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 20'53.8" EAST FOR 58.66 FEET; THENCE NORTH 25 DEGREES 53'40" WEST FOR 94.96 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 19'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, AND ALONG THE NORTHERLY LINE OF SAID TRACT "Q ", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 04 DEGREES 34'19" FOR AN ARC DISTANCE OF 120.12 FEET; THENCE SOUTH 25 DEGREES 53'40" EAST FOR 117.40 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND BEARS NORTH 46 DEGREES 09'58" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 24'26" FOR AN ARC DISTANCE OF 570.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 23 DEGREES 10'58" FOR AN ARC DISTANCE OF 50.58 FEET; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 10.62 FEET; THENCE NORTH 76 DEGREES 51'05" EAST FOR 342.85 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 39'40" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 810.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 4835" FOR AN ARC DISTANCE OF 68.00 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 469.40 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 111.00 FEET (THE LAST EIGHT (8) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT "Q'�; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 4032" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 11'29" EAST FOR 294.34 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 11'29" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST LINE OF SAID TRACT "R ", AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDITION "; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG THE EAST LINE OF SAID TRACT "Q ", HAVING FOR ITS ELEMENTS A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET; THENCE NORTH 69 DEGREES 17'55" WEST FOR 25.00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 69 DEGREES 18'08 EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR AN ARC DISTANCE OF 33.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 85 DEGREES 0716" WEST FOR 87.61 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR AN ARC DISTANCE OF 48.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 24 DEGREES 4430" FOR AN ARC DISTANCE OF 239.66 FEET; THENCE SOUTH 60 DEGREES 00'00" WEST FOR 30.86 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 79 DEGREES 1139" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR AN ARC DISTANCE OF 113.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR AN ARC DISTANCE OF 371.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 30'00" WEST FOR 331.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR AN ARC DISTANCE OF 48.00 FEET; THENCE SOUTH 35 DEGREES 30'00" EAST RADIAL TO THE LAST DESCRIBED CURVE FOR 31.98 FEET; THENCE SOUTH 29 DEGREES 58'54" WEST FOR 92.90 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 07 DEGREES 29'11" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR AN ARC DISTANCE OF 532.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR AN ARC DISTANCE OF 51.56 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 53 DEGREES 02'45" EAST FOR 0.31 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR AN ARC DISTANCE OF 251.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR AN ARC DISTANCE OF 10.96 FEET; THENCE SOUTH 45 DEGREES 0232" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 34'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH LINE OF SAID TRACT "Q" HAVING A RADIUS OF 5594.58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 13'04" FOR AN ARC DISTANCE OF 411.84 FEET; THENCE SOUTH 73 DEGREES 10'52" WEST ALONG THE SOUTH LINE OF SAID TRACT "Q" FOR 193.18 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCENTRIC WITH THE LAST DESCRIBED CURVE, SAID POINT BEARS SOUTH 05 DEGREES 24'45" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5629.58 FEET AND A CENTRAL ANGLE OF O1 DEGREES 01'21" FOR AN ARC DISTANCE OF 100.46 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 06 DEGREES 00'16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1070.17 FEET AND A CENTRAL ANGLE OF 27 DEGREES 09'18" FOR AN ARC DISTANCE OF 507.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 56 DEGREES 50'26" WEST FOR 488.24 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1221.67 FEET AND A CENTRAL ANGLE OF 23 DEGREES 12'04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH 11 DEGREES 19'21" WEST FOR 10.69 FEET; THENCE NORTH 09 DEGREES 46'52" EAST FOR 73.41 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09 DEGREES 46'52" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 05'13" FOR AN ARC DISTANCE OF 374.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 07'55" WEST FOR 200.00 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 283.37 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 2729" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD; THENCE SOUTH 02 DEGREES 3231" EAST FOR 73.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF AVENTURA BOULEVARD; THENCE SOUTH 87 DEGREES 27'29" WEST ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 12.60 FEET TO A POINT; THENCE 78.18 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 70.45 FEET BEARING SOUTH 42 DEGREES 39'47" WEST TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1), AS SHOWN ON THE PLAT OF " AVENTURA FOURTH ADDITION ", AS RECORDED IN PLAT BOOK 116, PAGE 34 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 1320.72 FEET TO A POINT; THENCE NORTH 87 DEGREES 52'05" EAST FOR A DISTANCE OF 435.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 170.36 FEET TO A POINT; THENCE NORTH 15 DEGREES 30'00" WEST FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 380.10 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 6.62 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 94.67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 78,54 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 31.21 FEET TO A POINT; THENCE SOUTH 15 DEGREES 30'00" EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30'00" WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST FOR A DISTANCE OF 85.78 FEET TO A POINT; THENCE NORTH 65 DEGREES 00'00 WEST FOR A DISTANCE OF 162.20 FEET TO A POINT; THENCE 320.42 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 2250.00 FEET AND A CHORD OF 320.15 FEET AND BEARING NORTH 60 DEGREES 55'13" WEST TO A POINT; THENCE NORTH 56 DEGREES 50'26" WEST FOR A DISTANCE OF 325.26 FEET TO A POINT; THENCE NORTH 49 DEGREES 47'23.6" WEST FOR A DISTANCE OF 485.32 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING. FURTHER LESS & EXCEPTING FROM PARCEL 2 THE FOLLOWING DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 17502, PAGE 4216 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA, TO -WIT: THOSE PORTIONS OF TRACT "Q ", AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, IN THE NORTHWEST ONE- QUARTER (N.W. ' /a) OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "Q "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FOR THE FOLLOWING THREE (3) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 29.240 METERS (95.93 FEET); (2) THENCE NORTH 01 DEGREES 28'13" EAST, A DISTANCE OF 43.775 METERS (143.62 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 82.872 METERS (271.89 FEET) TO REFERENCE POINT "A" AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'07" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'07" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. AND COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FORTH FOLLOWING FIVE (5) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48'10" WEST, A DISTANCE OF 12.497 METERS (41.00 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 15.246 METERS (50.02 FEET); (4) THENCE NORTH 01 DEGREES 50'16" EAST, A DISTANCE OF 39.719 METERS (130.31 FEET); (5) THENCE NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'01" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'01" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. PARCEL 3: ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF MIAMI -DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: "QUADRANT D" A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE S.E. CORNER OF TRACT "R" OF SAID PLAT OF "AVENTURA SIXTH ADDITION ", SAID POINT BEING ON A CURVE CONCAVE TO THE N.E.; THENCE ALONG THE WESTERLY RIGHT - OF -WAY LINE OF WEST COUNTRY CLUB DRIVE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; (2) THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 2 DEGREES 49'41" FOR 229.85 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 9 DEGREES 32'14" FOR 212.25 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50.0 FEET AND A CENTRAL ANGLE OF 86 DEGREES 09'34" FOR 75.19 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5594 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 00'20" FOR 98.19 FEET TO A POINT; THENCE N 45 DEGREES 0232" W FOR 25.00 FEET TO A POINT ON A CURVE TO THE LEFT, SAID POINT BEARS S 45 DEGREES 02'32" E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR 10.96 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A. RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'45" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR 51.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR 532.17 FEET TO A POINT ON SAID CURVE, SAID POINT BEARS S 7 DEGREES 29'11" W FROM THE CENTER OF SAID CURVE; THENCE N 29 DEGREES 58'54" E FOR 92.90 FEET; THENCE N 35 DEGREES 30'00" W FOR 31.98 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 110.0 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR 48.00 FEET TO A POINT OF TANGENCY; THENCE N 29 DEGREES 30'00" E FOR 331.34 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR 371.43 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR 113.10 FEET TO A POINT ON SAID CURVE; THENCE N 60 DEGREES 00'00" E FOR 30.86 FEET TO A POINT ON A CURVE TO THE RIGHT, SAID POINT BEARS N 63 DEGREES 19'08" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR 239.66 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR 48.66 FEET TO A POINT OF TANGENCY; THENCE N 85 DEGREES 07'16" E FOR 87.61 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR 33.73 FEET TO A POINT ON SAID CURVE; THENCE S 69 DEGREES 17'55" E FOR 25.0 FEET TO THE POINT OF BEGINNING. PARCEL 4: A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "R" OF SAID PLAT OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 40' 32" WEST, ALONG THE WEST BOUNDARY LINE OF SAID TRACT "R" AND ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 116.48 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE NORTH 02 DEGREES 40' 32" WEST, ALONG THE PREVIOUSLY DESCRIBED LINE OF 700.65 FEET; THENCE SOUTH 87 DEGREES 19' 28" WEST, ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST, ALONG A LINE 42.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACT "R ", FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING. TO FROM CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT City Commiss Eric M. Sorok City Manager MEMORANDUM Joanne Carr, AICP `� Community Development Director DATE: January 15, 2014 SUBJECT: Request for Conditional Use approval pursuant to Section 4 -2(a) of the City Code to permit service and sale of beer, wine and champagne from the Piacere News & Cafe kiosk at the Aventura Mall at 19501 Biscayne Boulevard, Aventura (03- CU -14) February 4, 2014 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request for Conditional Use Approval to permit service and sale of beer, wine and champagne from the Piacere News & Cafe kiosk at the Aventura Mall, 19501 Biscayne Boulevard, Aventura, subject to the following conditions: 1. Beer, wine and champagne only shall be sold and served at the kiosk counter and seating area adjacent to the kiosk only in conjunction with service of food. . 2. Customers will not be permitted to remove the glass of beer, wine or champagne from the kiosk and /or seating area. 3. This approval is granted exclusively to Piacere News & Cafe, Corp., and may not be transferred to another owner and /or operator of the kiosk. 4. The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. 5. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of beer, wine and champagne within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 6. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over - served at other establishments 7. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and /or is creating a disturbance to the community or to Mall patrons. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. 8. Any discontinuation of the sales and service of wine and champagne for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. THE REQUEST The applicant, Piacere News & Caf6, Corp., is requesting conditional use approval pursuant to Section 4 -2(a) of the City Code to permit sales and service of beer, wine and champagne at its kiosk counter and adjacent seating area on the ground floor of the Aventura Mall at 19501 Biscayne Boulevard, Aventura. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY APPLICANT Aventura Mall Venture Piacere News & Caf6 Corp. ADDRESS OF PROPERTY 19501 Biscayne Boulevard, City of Aventura (See Exhibit #2 for Location Map) LEGAL DESCRIPTION Tract R & Part of Tract Q, Aventura 6th Addition, according to the plat thereof recorded in Plat Book 120, Page 20 of the Public Records of Miami -Dade County, Florida (See Exhibit #3 for complete legal description) Zoning — Subject Property: B2 Community Business District Properties to the North: B2 Community Business District, and CF Community Facilities District Properties to the South: B2 Community Business District Properties to the East: B2 Community Business District Properties to the West: U Utilities District Existing Land Use — Subject property: Properties to the North: Properties to the South Properties to the East: Properties to the West: Regional Mall Library & Fire Station Retail & Office Retail, Office & Hotel FEC Railway 2 Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office The Site - The Piacere News & Cafe kiosk is located in Space K1992 on the ground floor of the Aventura Mall as shown in Exhibit #4. The Project - The applicant is requesting conditional use approval pursuant to Section 4 -2(a) of the City Code to permit sales and service of beer, wine and champagne at its kiosk on the ground floor of the Aventura Mall at 19501 Biscayne Boulevard, Aventura. Beer, wine and champagne is proposed to be served to customers in conjunction with food service. There are 16 seats at the kiosk counter and 23 tables with chairs in the adjacent patio area. The floor plan is attached as Exhibit #5. A photograph of the kiosk and patio area is attached as Exhibit #6. History of the Application It recently came to staff's attention that beer, wine and champagne were being served at this location. The owner was advised that conditional use approval is required prior to such sale and service, in order to comply with Chapter 4 of the City Code. The owner advised that it obtained a 2COP retail beverage sales and service license from the State of Florida in January of 2010. Staff confirmed that the liquor license was issued and is current; however, the 2010 license application was approved by City staff in error. The owner has made this conditional use approval application to bring the use into compliance with City Code. Staff has received no concerns from the public or from the Aventura Police Department related to the prior sale and service of beer, wine and champagne at this kiosk. ANALYSIS Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura's Comprehensive Plan. The future land use designation for the parcel is Business and Office. Citizen Comments - The Community Development Department has received no written citizen comments as of the date of writing of this report. Community Development Department Analysis - The applicant wishes to serve and sell beer, wine and champagne at its kiosk and adjacent table seating area in the Aventura Mall. Section 4.2 of the City Code provides that: 3 "(a) Distance from other establishments. Unless approved as a conditional use, no premises shall be used for the sale of any alcoholic beverages, as defined here, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 1,500 feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The 1,500 feet distance requirements shall be measured by following a straight line from the nearest portion of the structure or place of business. (b) Distance from religious facility or school. Unless approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than 2,500 feet from a religious facility or school ..." A liquor survey is required to show spacing and distance to other establishments with an alcoholic beverage use and to religious facilities and schools. The applicant has submitted the liquor survey attached as Exhibit #7. The survey reveals eighteen (18) establishments with an alcoholic beverage use within 1,500 feet and no religious facilities or schools within 2,500 feet. Subsection (e) of Section 4.2 provides for exceptions to spacing and distance requirements. Those exceptions are: private clubs, restaurants in the B1 and B2 zoning districts, cocktail lounges in restaurants, beer and wine sold as a grocery item, bowling alleys, hotels and motels, golf course clubhouses, tour boats, tennis clubs and not -for- profit theatres with live performances. The applicant's place of business does not meet the distance and spacing requirements and the use is not one of the exceptions in the subsection (e); therefore, conditional use approval is required to comply with Section 4.2(a) above. Criteria The following is staff's evaluation of the proposed use using the criteria for approval of conditional uses found in Section 31 -73(c) of the City's Land Development Regulations. 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Business and Office. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed service and sale of wine and champagne will not be detrimental to or endanger the public health, safety or general welfare. The conditions that beer, wine and champagne be served and sold 4 only in conjunction with food service, that the operator conduct Responsible Vendor Training, that customers not be permitted to remove the beer, wine and /or champagne from the kiosk or seating area and that the use may be terminated by the City Manager if the use creates a disturbance to the community will provide safeguards to ensure that the use will not be detrimental. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed use is comprised of retail, restaurant, office, hotel, commercial and medium and high density residential uses. The proposed use is consistent with the community character of the immediate neighborhood. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. The site is developed. The proposed use will not change the current levels of service required. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The site is developed. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the Aventura Mall is existing on Biscayne Boulevard, Aventura Boulevard and West Country Club Drive. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse affects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed use is interior to the Aventura Mall and will have no visual or other adverse affects on adjacent property. 5 SCS USA Corp dba Statewide Hotels & Restaurants Org November 29, 2013 City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Re: Piacere News & Cafe /Aventura Mall Dear Sir/ Madam: Exhibit #1 03 -CU -14 The applicant, Piacere News & Cafe, Corp., is requesting conditional use approval pursuant to Section 4 -2(a) of the City Code to permit sales and service of beer, wine and champagne at its Space K -1992 on the ground floor of the Aventura Mall at 19575 Biscayne Boulevard, Aventura to the customers who come to the business to eat some of the multiple menu offered. My client, Piacere News & Cafe, Corp., which conducts business at the space K -1992 in the Aventura Mall is an experienced operator and have a permanent food license (SEA2334068). The business has 106 seats. The business will be conducted with the following limitations: • Piacere News & Cafe hours of operation coincide with the hours of operation of the Aventura Mall. • Customers will not be permitted to remove glasses from the premises. • My client will conduct Responsible Vendor Training pursuant to the Florida Responsible Vendor Act (FS561) to ensure no sales are made to underage customers or to customers who may have been over served at other establishments. Very truly yours Eduardo A. Burgos SCS USA Corp Dba: Statewide Hotels & Restaurants Org 6303 Blue Lagoon Dr. Suite 400 Miami, Fl. 33126 Main: 888 658 5551 Cell: 786 486 2139 www. statewidehotelsandrestaurants .org 6303 Blue Lagoon Dr. Suite 400 Miami, Fl. 33126 www. statewidehotelsandrestaurants .org BROWARD COUNTY L� DADE COUNTY ' gift TYrvw9r& rvw,%'ry wwrh ■ Gulfstream ■ '• Pik YACHT CLUB DR_ ■ �� ^� , '' 1 MA R I N A ■ I '■ lrrnrrrru COVE • �■ H!�pital �� _� WAY CIRCLE I ■ - l/c�lic'a/ ��� w �- V1F� ■ Q ��,��� ■ I■ � � ldaterxms , ■ I• WATERWAYS RLVD —� shoppes 213 ST_ _ ■ ;■ w w ■ � ;; Q Q COUNTRY CLUB DR :0 The m 205 / �, • Prornenadr �� ■ Shops �� p� � ■ j IVES DAIRY RD. :r 203 ST. C'T`�Lj ��, ■ r \J I�� ■ '■ 201 TER. a ■ ■ Q Turnberr} Isla ■ �- 1 Z '.esoit & Club ■ Q AVENTURA Subject Site �/ P : � '■ Fire G s O Re ie Aventwa • ;■ S tion Library z �� O > Q a ;■ tentur�z �'�1a11 Z m j ,■ O YACHT ;r City C' A+ -,ntura ;■ Gov ent Center��Swti'. VJNV ;■ 192 ST. ��IP.M • 192 ST. ■ Q • T- 91 ST. w �■ �� M,YSiI . x : ■ 190 S (. • Loehrrtann's' � ■ Fashion ui a � ■ Island > _ __ _ • Q J rn 188 ST. ' m ;+ N r Z MIAMI 33180 ' UJ GARDENS DR. _ - - • 185 ST /L� ...... _._..�� G�� O • ' / ,,� • Al ;• Dumfoundlin,k 183 ST. Bay + Little Z tilliarrns • : Biscayne m S.urd ' : Harbour 180 ST:' b'fa u le w Point Lake - • East • hope g v ' a laza — — = � • P INT EAST P ' -I. mf. Atlantic Ocean �M-ao a m a m m ■■aaaa LEGEND o ' ala:ete ♦' r Lake ♦ R.oadways ♦ - - City Boundar" ■ ♦♦ —.--.— ZiF Code Boundar ■ ♦♦ >- -- - -- - -- RaiI oad ♦ ti♦ Exhibit #2 Q3 -CU -14 Exhibit # 3 03 -CU -14 LEGAL DESCRIPTION PARCEL 1: TRACT "R ", OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. PARCEL 2: A PORTION OF TRACT "Q" OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT OF " AVENTURA SIXTH ADDITION "; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q "; THENCE SOUTH 87 DEGREES 2729" WEST, ALONG THE NORTH LINE OF SAID TRACT "Q" FOR 12.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 35'24" FOR AN ARC DISTANCE OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT "H" OF " AVENTURA FOURTH ADDITION ", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 0755" EAST ALONG THE WESTERLY LINE OF SAID TRACT "H" FOR 423.52 FEET; THENCE NORTH 87 DEGREES 52'05" EAST FOR 26.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 31.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 28'48.8" FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70 DEGREES 20'53.8" EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 20'53.8" EAST FOR 58.66 FEET; THENCE NORTH 25 DEGREES 53'40" WEST FOR 94.96 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 19'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, AND ALONG THE NORTHERLY LINE OF SAID TRACT "Q ", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 04 DEGREES 34'19" FOR AN ARC DISTANCE OF 120.12 FEET; THENCE SOUTH 25 DEGREES 53'40" EAST FOR 117.40 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND BEARS NORTH 46 DEGREES 09'58" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 24'26" FOR AN ARC DISTANCE OF 570.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 23 DEGREES 10'58" FOR AN ARC DISTANCE OF 50.58 FEET; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 10.62 FEET; THENCE NORTH 76 DEGREES 51'05" EAST FOR 342.85 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 39'40" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 810.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 48'35" FOR AN ARC DISTANCE OF 68.00 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 469.40 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 111.00 FEET (THE LAST EIGHT (8) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT "Q "); THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 4032" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 11'29" EAST FOR 294.34 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 11'29" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST LINE OF SAID TRACT "R ", AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDITION "; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG THE EAST LINE OF SAID TRACT "Q ", HAVING FOR ITS ELEMENTS A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET; THENCE NORTH 69 DEGREES 1755" WEST FOR 25.00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 69 DEGREES 18'08 EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR AN ARC DISTANCE OF 33.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 85 DEGREES 07'16" WEST FOR 87.61 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR AN ARC DISTANCE OF 48.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR AN ARC DISTANCE OF 239.66 FEET; THENCE SOUTH 60 DEGREES 00'00" WEST FOR 30.86 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 79 DEGREES 11'39" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR AN ARC DISTANCE OF 113.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR AN ARC DISTANCE OF 371.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 30'00" WEST FOR 331.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR AN ARC DISTANCE OF 48.00 FEET; THENCE SOUTH 35 DEGREES 30'00" EAST RADIAL TO THE LAST DESCRIBED CURVE FOR 31.98 FEET; THENCE SOUTH 29 DEGREES 58'54" WEST FOR 92.90 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 07 DEGREES 29'11" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR AN ARC DISTANCE OF 532.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR AN ARC DISTANCE OF 51.56 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 53 DEGREES 02'45" EAST FOR 0.31 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR AN ARC DISTANCE OF 251.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR AN ARC DISTANCE OF 10.96 FEET; THENCE SOUTH 45 DEGREES 02'32" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 34'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH LINE OF SAID TRACT "Q" HAVING A RADIUS OF 5594.58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 13'04" FOR AN ARC DISTANCE OF 411.84 FEET; THENCE SOUTH 73 DEGREES 10'52" WEST ALONG THE SOUTH LINE OF SAID TRACT "Q" FOR 193.18 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCENTRIC WITH THE LAST DESCRIBED CURVE, SAID POINT BEARS SOUTH 05 DEGREES 24'45" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5629.58 FEET AND A CENTRAL ANGLE OF 01 DEGREES 01'21" FOR AN ARC DISTANCE OF 100.46 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 06 DEGREES 00'16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1070.17 FEET AND A CENTRAL ANGLE OF 27 DEGREES 09'18" FOR AN ARC DISTANCE OF 507.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 56 DEGREES 50'26" WEST FOR 488.24 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1221.67 FEET AND A CENTRAL ANGLE OF 23 DEGREES 12'04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH 11 DEGREES 19'21" WEST FOR 10.69 FEET; THENCE NORTH 09 DEGREES 46'52" EAST FOR 73.41 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09 DEGREES 46'52" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 05'13" FOR AN ARC DISTANCE OF 374.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 07'55" WEST FOR 200.00 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 0755" WEST FOR 283.37 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 0755" WEST FOR 90.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 2729" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD; THENCE SOUTH 02 DEGREES 3231" EAST FOR 73.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF AVENTURA BOULEVARD; THENCE SOUTH 87 DEGREES 27'29" WEST ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 12.60 FEET TO A POINT; THENCE 78.18 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 70.45 FEET BEARING SOUTH 42 DEGREES 39'47" WEST TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1), AS SHOWN ON THE PLAT OF " AVENTURA FOURTH ADDITION ", AS RECORDED IN PLAT BOOK 116, PAGE 34 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 1320.72 FEET TO A POINT; THENCE NORTH 87 DEGREES 52'05" EAST FOR A DISTANCE OF 435.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 170.36 FEET TO A POINT; THENCE NORTH 15 DEGREES 30'00" WEST FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 380.10 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 6.62 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 94.67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 78.54 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 31.21 FEET TO A POINT; THENCE SOUTH 15 DEGREES 30'00" EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30'00" WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST FOR A DISTANCE OF 85.78 FEET TO A POINT; THENCE NORTH 65 DEGREES 00'00 WEST FOR A DISTANCE OF 162.20 FEET TO A POINT; THENCE 320.42 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 2250.00 FEET AND A CHORD OF 320.15 FEET AND BEARING NORTH 60 DEGREES 55'13" WEST TO A POINT; THENCE NORTH 56 DEGREES 50'26" WEST FOR A DISTANCE OF 325.26 FEET TO A POINT; THENCE NORTH 49 DEGREES 47'23.6" WEST FOR A DISTANCE OF 485.32 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING. FURTHER LESS & EXCEPTING FROM PARCEL 2 THE FOLLOWING DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 17502, PAGE 4216 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA, TO -WIT: THOSE PORTIONS OF TRACT "Q ", AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, IN THE NORTHWEST ONE - QUARTER (N.W. '/a) OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "Q "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FOR THE FOLLOWING THREE (3) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 29.240 METERS (95.93 FEET); (2) THENCE NORTH 01 DEGREES 28'13" EAST, A DISTANCE OF 43.775 METERS (143.62 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 82.872 METERS (271.89 FEET) TO REFERENCE POINT "A" AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'07" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'07" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. AND COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FORTH FOLLOWING FIVE (5) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48'10" WEST, A DISTANCE OF 12.497 METERS (41.00 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 15.246 METERS (50.02 FEET); (4) THENCE NORTH 01 DEGREES 50'16" EAST, A DISTANCE OF 39.719 METERS (130.31 FEET); (5) THENCE NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'01" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'01" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. PARCEL 3: ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF MIAMI -DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: "QUADRANT D" A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE S.E. CORNER OF TRACT "R" OF SAID PLAT OF "AVENTURA SIXTH ADDITION ", SAID POINT BEING ON A CURVE CONCAVE TO THE N.E.; THENCE ALONG THE WESTERLY RIGHT - OF -WAY LINE OF WEST COUNTRY CLUB DRIVE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; (2) THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 2 DEGREES 49'41" FOR 229.85 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 9 DEGREES 32'14" FOR 212.25 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50.0 FEET AND A CENTRAL ANGLE OF 86 DEGREES 09'34" FOR 75.19 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5594 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 00'20" FOR 98.19 FEET TO A POINT; THENCE N 45 DEGREES 02'32" W FOR 25.00 FEET TO A POINT ON A CURVE TO THE LEFT, SAID POINT BEARS S 45 DEGREES 02'32" E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR 10.96 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A. RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'45" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR 51.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR 532.17 FEET TO A POINT ON SAID CURVE, SAID POINT BEARS S 7 DEGREES 29'11" W FROM THE CENTER OF SAID CURVE; THENCE N 29 DEGREES 58'54" E FOR 92.90 FEET; THENCE N 35 DEGREES 30'00" W FOR 31.98 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 110.0 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR 48.00 FEET TO A POINT OF TANGENCY; THENCE N 29 DEGREES 30'00" E FOR 331.34 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR 371.43 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR 113.10 FEET TO A POINT ON SAID CURVE; THENCE N 60 DEGREES 00'00" E FOR 30.86 FEET TO A POINT ON A CURVE TO THE RIGHT, SAID POINT BEARS N 63 DEGREES 19'08" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR 239.66 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR 48.66 FEET TO A POINT OF TANGENCY; THENCE N 85 DEGREES 0716" E FOR 87.61 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR 33.73 FEET TO A POINT ON SAID CURVE; THENCE S 69 DEGREES 17'55" E FOR 25.0 FEET TO THE POINT OF BEGINNING. PARCEL 4: A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "R" OF SAID PLAT OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 40' 32" WEST, ALONG THE WEST BOUNDARY LINE OF SAID TRACT "R" AND ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 116.48 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE NORTH 02 DEGREES 40' 32" WEST, ALONG THE PREVIOUSLY DESCRIBED LINE OF 700.65 FEET; THENCE SOUTH 87 DEGREES 19' 28" WEST, ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST, ALONG A LINE 42.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACT "R ", FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING. ..a O G C 0 w N O W oa CD o Exhibit # 4 03 -CU -14 r 0 r < r� c �a 'a fD r c� c� r c� c� W v n rr O tiA N C K 0 o..�m- -_ Tn��a Um T<<o 31 oc' sad= ❑ ❑ ❑ ❑ ❑ s3 , n ❑ ❑ J e G 28 - SEATTING AREA PIACERE NES & EXPRESSO n 3 0 — E 3 a , Er n n ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ W N 3 - F 3 f .= 3 3 - - 3 3 3 £ f a E w Ll I- IH 1 i A-7� I I L 1 n m H-1--1 ❑ ❑ ❑ ❑ ❑ ❑ ❑ El 24 k. 28 - SEATTING AREA PIACERE NEWS & EXPRESSO — El I- ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ f� ❑ _o ❑ ❑ ❑ ❑ f� ❑ _o ❑ ❑ ❑ ❑', ❑ ❑ ❑ n- -- ❑ ❑ ❑ ❑ ❑ ❑ a D- El Exhibit # 5 03 -CU -14 _ ❑_ _F-I_ ❑ ❑ _ ❑ ❑ ❑ ❑ ❑ ❑ El El . ❑ -❑ a. y • O��`. r tl-r t,5ry( 'CT ryF'9iND! 1 VF ;Pa o 5T y ® ro�sWY ' ,� l SP 95e DATE :12/17/13 FILE NUMBER: BUR.ED.11 -13 PROPERTY ADDRESS: 19575 BISCAYNE BOULEVARD UNIT K1992 AVENTURA, FL 33180 CERTIFICATIONS: LEGAL DESCRIPTION: COUNTY : MIAMI -DADE EDUARDO BURGOS / PIACERE NEWS & CAFE A PORTION OF TRACT "O" OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 120, AT PAGE 20 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. Exhibit #,g7 ®3 -CU -14 FLOOD INFORMATION: COMMUNITY NUMBER: 120676 PANEL NUMBER: 0134 DATE OF INDEX: 09- 11.2009 SUFFIX: L FLOOD ZONE: AE BASE FLOOD ELEV: 7.0 1 LEGEND & ABBREVIATIONS: GENERAL NOTES: A/C, AIR CONDITIONER OVERHEAD CABLES(OH) THIS IS A COPYRIGHT DOCUMENT CONTAINING PROPRIETARY INFORMATION BM.,... ,'..,BENCHMARK — oM AND IS NOT WARRANTED BY ALLSTATE SURVEYING, LLC. OR THE SIGNING (C) _ _ ... CALCULATED POLYVINYLCHLORIDE FENCE (PVCF) SURVEYOR WHEN COPIED BY OTHERS. GG_..._......CONCRETE GUTTER OR VALLEYED GUTTER C & G._......CURB & GLITTER --o O WIRE OR CHAIN LINK FENCE (CLF) UNLESS OTHERWISE SHOWN HEREON, THE FOLLOWING NOTES APPLY: CH_ .._..CHORD — "— `— RECORD AND MEASURED CALLS ARE IN SUBSTANTIAL AGREEMENT AND POINTS C.M.E.........CANAL MAINTENANCE EASEMENT WOOD FENCE (WF) ARE WITHIN 0.10' POSITIONAL TOLERANCE. CNA __ ....CORNER NOT ACCESSIBLE METAL FENCE (MF) THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS OR OTHER coNC__._. CONCRETE D ..... ..........DELTA (CENTRAL ANGLE) -0 MASONRY OR CONCRETE BLOCK WALL RECORDED ENCUMBRANCES NOT SHOWN ON THE PLAT AND THE SAME, IF ANY D.E_ .........DRAINAGE EASEMENT ® MAY NOT BE SHOWN ON THIS SKETCH. EOP_ ...... EDGE OF PAVEMENT CONCRETE UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS FC.._..._. _FENCE CORNER ' WERE NOT LOCATED. FDH _. ._FOUND DRILL HOLE FE. FENCE ENDS ELEVATIONS ARE BASED ON NGVD 29 OR NAVD 88 AS NOTED ON SKETCH. F F . ...... _FINISHED FLOOR OVERHANG(OM) OR ROOF �� �_ (FLOOD ZONES: "B ", "C ", "D"& "X" ARE NOT IN DESIGNATED FLOOD HAZARD ZONE AREA. FIP/FIR....._FOUND IRON PIPE/ROD FENCE TIES ARE TO THE CENTERLINE OF THE FENCE. FENCE OWNERSHIP NOT FN_. . .......FOUND NAIL O COMMUNICATIONS BOX DETERMINED BY THIS OFFICE. FN &D.......... FOUND NAIL AND DISC CATCH BASIN WALL TIES ARE TO THE FACE OF THE WALL. F. Pk. N..__.. FOUND PARKER KALON NAIL I D__ SURVEYOR'S IDENTIFICATION CHAT7........CHATTAH000HIE, EPDXY -STONE Cp SEWER MANHOLE BASIS OF BEARINGS, IF ANY, ARE ASSUMED PER PLAT AND /OR LEGAL DESCRIPTION. THIS SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE PURPOSE FOR USE AS AN L _._._LENGTH C-Q, UTILITY POLE (UP) AID IN OBTAINING TITLE INSURANCE ON THE HEREON DESCRIBED PROPERTY. L. A.E........_LIMITED ACCESS EASEMENT * LIGHT POLE (LP) NO ADDITIONAL WARRANTIES ARE HEREBY EXTENDED. L.M.E.., ...LAKE MAINTENANCE EASEMENT J WATER METER (wM) THIS SURVEY IS VALID IN ACCORDANCE WITH F.S. 627.7842 FOR A PERIOD OF 90 DAYS (M).. - MEASURE OIS ..............OFFSET UTILITY ANCHOR FROM THE DATE OF CERTIFICATION. (PT PLAT I HEREBY CERTIFY THAT THIS SKETCH OF SURVEY P. C__ POINT OF CURVATURE FIRE HYDRANT (FH) P.C. C., ..POINT OF COMPOUND CURVATURE PL....... CENTER LINE WAS MADE UNDER MY RESPONSIBLE CHARGE H. H YAT p ..PLANTER P O.B __ POINT OF BEGINNING R PROPERTY LINE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF NVV O``FNSE NUMe�R P.O.C......_..POINT of COMMENCEMENT SAID SURVEY MEETS THE MINIMUM TECHNICAL �, Cq P. R.C..........POINT OF REVERSE CURVATURE. WATER VALUE I CLEANOUT STANDARDS SET FORTH BY THE FLORIDA BOARD 4636 P. R.M....__.PERMANENT REFERENCE MONUMENT P.T...__. _. POINT OF TANGENCY ® CABLE BOX (CA TV.) OF PROFESSIONAL LAND SURVEYORS IN CHAPTER R._.. .._.RADIUS RECORD ® ELEVATRIC METER (EM) 5J -17 FLORIDA ADMINISTRATIVE CODE FURTHER, ..RECORD RM' ............. RIGHT -OF -WAY ELECTRIC BOX (FPL) THIS DOCUMENT IS ELECTRONICALLY SIGNED AND SIR.._._...__ SET 112- IRON Roo SND_....._.SET NAIL AND DISC HANDICAP PARKING (HCP) SEALED PURSUANT TO SECTION 472.027, OF THE FLORIDA STATUTES AND CHAPTER 5J -17 OF THE m T O STATE 9F (TYP.)..__._.TYPICAL U .E ..............'JATER'EASEMENT ® PLANTER OR PLANTED FLORIDA ADMINISTRATION CODE. -� FLORIDA C J' W.E.... .....WATER'S EDGE POINTS OF INTEREST ppp OELEVATION (C) 2013 !� ® SPECIFIES POINT OF INTEREST MARKER / -it S URV" 0 O SPECIFIES POINT OF INTEREST AM TREE (SIZE/ TYPE) BILL H. HYATT, JR FIELD DATE: 12/15/13 • QR CODE SCAN 9 TREE (SIZEITYPE) 1 PROFESSIONAL LAND SURVEYOR STATE OF FLORIDA LICENSE NUMBER: 4636 SIGNED DATE: 12/17113 • ` TREE (SIZEi TYPE) A11State Surveying • Q TREE ( SIZE /TYPE) _r& / State of the Art Land Surveying & Mapping ■ ❑ Corporate Head Quarters: 1844 N Nob Hill Road #429. Sunrise, Flonda 33351 PAGE 1 of 3 FILE NUMBER: BUR.ED.11 -13 PH: (888) 569 -0480 1 www.AllStateSurveyors.com I FAX: (888) 569 -4590 SCALE " = 800' PAGE: 2 OF 3 FILE NUMBER: BUR.ED.11 -13 2,500 FOOT AND 1,500 FOOT RADIUS SURVEY I E A N1701st r' ` Wells � Turn Isle �ry� tr Miami. Au aph !V{/��II Landmark Plaza Paza Plaza Fargc Bank th Plaza g ; >'c..nt'Sr2ti.i;vd Maxvrelle Collectiong � & �. Realty n C- W/ 1 enc D rj _ c Inn r Color Z < yCit ank 12 - SCALE " = 800' PAGE: 2 OF 3 FILE NUMBER: BUR.ED.11 -13 2,500 FOOT AND 1,500 FOOT RADIUS SURVEY I E A NE 14 7th 5, °d u n rj O Color in Avenlura Me Mine IT I :T - Mail ,,off ltd Turnherry BUD Ash off i9 0 Ada Ru6i J. stein, ASSOCiai A � 55iw 9b;h St ryr 1 j5tis 5t w w M0, ACS Sears Es c r co sbl Aven:ura 24 e N �9 ?1j0 's �.� 23 as e CK Bloomingdale to J Word of God N lq,idSt :asel AbrgaJ `, Ministries 0i C m ion Plaza assl Nt I "'n� y 1 Miami — 9'Lrni ,t l`! �ourlyard vePrurs Mall City Ave ra ,J m Gover t Cente $ F I '.',t l Nr'. St NL 1 31S ' Ste;; Or r C 10 e G Concie•ge 8 rounders Connect Ji rIc.,h S: Park Av Plaza Brokers Ofus Park iana Aco Ns 189Ta St Loehmann's n Galitz Richard Fashion Island MO FAGS: racial A niura Arts 8 y Plastir. Surgery Cut ual Censer (-5) :asKetball COUr; C 1 lJ tJF T 'tn St SCALE " = 800' PAGE: 2 OF 3 FILE NUMBER: BUR.ED.11 -13 2,500 FOOT AND 1,500 FOOT RADIUS SURVEY I E A COMMUNITY USES: A OJUS PARK 18995 W DIXIE HIGHWAY AVENTURA, FL 33180 B FOUNDER'S PARK- 19200 W COUNTRY CLUB DRIVE AVENTURA, FL 33180 C AVENTURA CITY OF EXCELLENCE SCHOOL 3333 NE 188TH STREET AVENTURA, FL 33180 D CLASH CHURCH 19900 W COUNTRY CLUB DRIVE AVENTURA, FL 33180 LIQUOR LICENSES: 1 BELLA LUNA 19575 BISCAYNE BOULEVARD #1097 AVENTURA, FL 33180 4COP 2 59TH & LEX RESTAURANT 19555 BISCAYNE BOULEVARD AVENTURA, FL 33180 2COP 3 CAVIAR & MORE 19501 BISCAYNE BOULEVARD #K1999 AVENTURA, FL 33180 2COP 4 CHE PASTA AT AVENTURA 19575 BISCAYNE BOULEVARD #1373 AVENTURA, FL 33180 2COP 5 CHEESECAKE FACTORY 19501 BISCAYNE BOULEVARD #791 AVENTURA, FL 33180 4COP 6 COURTYARD BY MARRIOTT 2825 NE 191ST STREET AVENTURA, FL 33180 4COP 7 CVS PHARMACY 2974 AVENTURA ROAD AVENTURA, FL 33180 2APS 8 FRESKO 19048 NE 29TH AVENUE AVENTURA, FL 33180 2COP 9 GRAND LUX CAFE 19575 BISCAYNE BOULEVARD AVENTURA, FL 33180 4COP 10 LUCA BELLA 19088 NE 29TH AVENUE AVENTURA, FL 33180 4COP 11 MAMA SBARRO PIZZA COMPANY 19575 BISCAYNE BOULEVARD #1455 AVENTURA, FL 33180 2COP 12 MARRIOTT RESIDENCE INN 19900 WEST COUNTRY CLUB DRIVE AVENTURA, FL 33180 4COP 13 NORDSTROM CAFE BISTRO 19507 BISCAYNE BOULEVARD AVENTURA, FL 33180 2COP 14 PIACERE NEWS & CAFE 19575 BISCAYNE BOULEVARD #K1992 AVENTURA, FL 33180 2COP 15 PIZZA ROMA 19090 NE 29TH AVENUE AVENTURA, FL 33180 2COP 16 SALSA GRILL RESTAURANT 19575 BISCAYNE BOULEVARD AVENTURA, FL 33180 2COP 17 SHRIMP MARKET 19575 BISCAYNE BOULEVARD #1429 AVENTURA, FL 33180 2COP 18 SUSHI SIAM 19575 BISCAYNE BOULEVARD #3206 AVENTURA, FL 33180 4COP 19 TANGO GRILL PARRILLADA 19575 BISCAYNE BOULEVARD #1425 AVENTURA, FL 33180 2COP 20 THE CHEESE COURSE 19575 BISCAYNE BOULEVARD #383 AVENTURA, FL 33180 2COP 21 THE GRILL ON THE ALLEY 19501 BISCAYNE BOULEVARD #783 AVENTURA, FL 33180 4COP 22 TRATTORIA ROSALIA 19501 BISCAYNE BOULEVARD AVENTURA, FL 33180 2COP 23 VI AT AVENTURA 19333 WEST COUNTY CLUB DRIVE AVENTURA, FL 33180 4COP 24 PARADISE CAFE 19575 BISCAYNE BOULEVARD #1417 AVENTURA, FL 33180 2COP I PAGE: 3 OF 3 1 FILE NUMBER: BUR.ED.11 -13 I 2,500' AND 1,500' RADIUS SURVEY "4 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31.71(b)(2yj) of the City of Avenlufa Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connectha' with the application, as foLows: Name Relationship (t e. Attorneys, Architects. Landscape Architects, Engineers, Lobbyists. Etc) -si.o,r a (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON rHE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31.71(8)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE. IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMA'I"ION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE, WETNESS MY HAND THIS _ CAY OF ____ 200_ . AUTHORIZED REPRESENTATIVE OF APPLICANT By (Signature) Name; (Print) Title Address. OWNER By: _ SS' natrr Name: R I E 3 tjprin Tale:_ _ yes; 'S r' - IL Address: `) 70o CoWKS Ave # . ?43 �iF ( ALA-q 60,r, Ft, 331 .5-fi STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me the undersigned authority personally appeared Ale-I a,, dxo S� ht eas the ohzed representative of the Applicant and/or the owner of the property subject to the application, wh being first by me duly s swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct AFF SWORN TO AND SUBSCRIBED BEFORE ME this &day of _ I*? r — 201 Notary Public Stale of Florida At Large JL WHOM Printed Name of Notary E-3) c-," yo�. B„ r 6os 1=11# faYf � My commission expires: _ r y/ ?p STATE Of PU)MR OwtttimlRllof4m EIltrs 12MMIT BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(6) of the City of Aventura Land Development Code The undersigned Affiant hereby discloses that (mark with "x' applicable portions only) J 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. (] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows. (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; (] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, (] iv. A City Commissioner or Board member is a Client of the Applicant or Representative, ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year WITNESS MY HAND THIS .3 DAY OF . 3l,–u, 4,, —2009 APPLICANT r. B y. ' (Signature) Name: A l r i a„ 1-v (Pant) Title: Pre- E S i dc. ,P (Print) )) WITNESS MY HAND THIS DAY OF 201'$ PROPERTY OWNER By: t V f--'\ (Signature) Name: N —oint) Title:_ 34 (Print) The terms 'Business Relationship, " "Client," "Customer, " 'Applicant, ` "Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAM(-DADE) Before me, the undersigned authority, personally appeared _A _p, .9d C,` ?Co _n Ife Affian(who being first by me duly sworn, did swear or affirm that he /she executed this Affidavit for the purposes slated therein and that it is true and correct 7 r ; Ri FI� — — -- SWORN TO AND SUBSCRIBED before me this day of bc- "t��+��?" , 2001.3 c.. .__) N�Iry hl�e • MGM tM 111IM� G� Nota Public State of Florida A arge _/ �A,i�Q - -� ✓ r Printed Name of Notary My commission expires:_ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this __ day of ___ ,_ _200 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes slated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _ _ day of _ _ 200_. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires_ _ — the Affiant, who being first by me duly sworn, did swear or affirm that he /she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires Before me, the undersigned authority, personally appeared _ — _ the Affiant, who being first by me duly sworn, 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 this. __ day of _ __ 200_. AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:- — — BUSINESS RELATIONSHIP AFFIDAVIT" AQ,) This Affidavit is made pursuant to Section 31- 11(bu2j(ii) of the City of Aventura Land Development Code The undersigned Affiam hereby daCkwas tent: (mirk with "x' applicable portions only) fN 1. Alfiant does not have a Business Relationship with any member of the CAy Commission or any City Advisory Board to which the application will be presented 112. AtSant hereby diiscloses that it does have a Business Relationship with a member of the City Commission or a City Advaory Board to which the application wig be txesenled, as follows (List name of Commissioner or Advisory Board Member) who serves an the (List City Commission or City Advisory Board upon which mamba► serves). The nature of the Business Relationship is as fdlows- f 1 i Member of City Commission or Board holds an ownership interest in excess of 1% of told assets or capital stock of Applicant or Representalihre; f) ii. Mambo of City Commission or Board is a partno, co- sharshalder (as to shares of a oapor lion which are M listed on any national or regional stock exchange) or joint venturer with the Applicant or Remserbative in any business venture; () iii The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same dice or for the same employer as the member of the City Cmnissron or Board, []IV A City Commissioner or Board member is a Client of the Applicant or Representative; I ) v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10.000.00 of the business of the member of the City Commission or Bond (or his or her employer) in a given calendar year. 1) vk. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25, 000.00 of me business of the Applicant or Representative in a give► calendar year WITNESS MY HAND THIS 15 DAY OF January 2001.4 APPLICANT. c By I ''"- lSignarurel Name: nt (HirN) Title. OWN) FL Real Estate ecisions, Inc. WITNESS MY HAND THIS ib DAY OF �� ''� �/� 200'-' PROPERTY OWNER: By. (Signau rel Name. _ _ (Pew Title. (Print) 'The terms Business Retatumsdrp, " 'Cheni " " Customef. " Appkcanf, " Representative" and Irxeresred Person" tyre ds*wd rn Section 2 -39.5 niche Amvta'a City Code. t t STATE OF FLORIDA ) (:OIINTY OF WAIA -DADE) before me, the undersigned au". prsonsoy appeared Ray N. Hunt the Ahem who being first by meIduhy sworn, die swear of affirm tut Ws" executed this Afidawt Ior tie purposes salad Mw and that 0 4 We and correct _ e:,., AEI i 4 Sl S6R18E6tre1E1 ' ` day 1l a ivt S�PNJNE M�.ARAt�2v�' c4 a �' yntar, "attic, .Statao4Florida 4 Commir.5i0n�E7DIC00622 ANY r' 7sstiTs IT'S aUgUSZ 3, 2ii1 s STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personalty appeared executed this Affidavit far the purposes stated therein and that d is true and correct SWORN TO AND SUBSCRIBED before me this day of STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Belpre me, the wtderigned authority, poWatty, appeared executed this Affidevil for the Purposes slated therein and that fl is true and coned. SWORN TO AND SUBSCRIBED before me this. d3y of STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authorty, personstty 8pp881e0 Pmewtee this Affidavit for the purposes stated therein AM tut it is true and correct. SWORN TO AND SUBSCRIBED before me this day 01 200_ FAN Notary Pubbc of At Y, atary I ewwo es the Afbant who being first by me d* sworn, die swear or ail m the heratfe AFF IANT Notary 13uW State of Florida At Large Primed Name Of Nolary My commission, expires. the Affienl, who being fast by me duty sworn, did swear nr eltnm that hft*w AFFIANT 200 Notary Pudic Stale of Fb%a At Large Prirtad Name of Notary My commission expires., .,200- Me Aftnt, wW WV first by me duty sworn. did swear or 2111- that he/she AFFIANT Notary PuW Sale of Flonda At Large Printed Name d Ndary MY eommisaton expires., BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aver ira Land Development Code The undersigned Affianl hereby discloses that. (mark with 'x* appkcable portions only) I Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to Which the application will be presented. (; 2 Affiant hereby discloses that it does have a Business Relationship with a member of the City Comm ssior or a City Advisory Board to which the application will be presented, as follows (List name of Commissioner or Advisory Board Member) who serves on the _ (List City Commission or City Advisory Board upon which member serves). The nature of roe Business Relationship is as follows (J i Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Represen[alive. (J i . Member of City Commission or Board is a partner. co-shareholder (as to shares of a corporation which are not listed on any national or regional stocK excnange) or joint venturer with the Applicarl of Representative in any business venture, J J iii The Aoplicant 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, ( 1,v A Cty Co•nmissiorei or Board member is a Client of the Applicant or Representative, (J v The Applicant or Representative is a Customer of the memoer of the City Commission of Board (or of his or her employer; and transacts more than 510.000 00 of the business of 41ne member of the City Commission or Board (or tits or her employer) in a qiven calendar year; 1 v. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than S25.WG.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS /J4 DAY OF _�" U+i 7 X/ APPLICANT. • By _ li Srgrratuiel Name (Print) Title HiJ62 - 4i/srA1 E �. �iPinfl) Wi7NESS MY HAND THIS 1(_ DAY OF 1'4 a-4 � 20 PROPERTY OWNER By: /signature) Name. !Print/ Title: _ -- —_ — (Print) Tx, teirns Business Retalronship ' 'Client, " "Customer, ' 'App icol,t, ` "Repiesernalive' find 7nlerested Person" are defined in Section 2 395 of the Averrlurr City Code. NOTARIZATION PROVISION STATE OF FLORIDA COUNTY OF MIAMI -DADEJ the Affani, whc being firs! by me duly swvn, did swear of affirm that heishe Bekire me, the undersigned aulnininty, pefsoraily appeared executed this Affidamt for the purposes stated therein and that lis true and carer! AFt�ANT S AN A'Ewbhl&dmgbftA 14 -dayof _j.+41V,+r, No IL IvWXAW PUKX STAII Of FLOPWA Notary Public State of FloriS* At Large Ow"FFMM A .0v 2 6,enc eow 1140w Printed Name of Notairy My commissar expires 1210 - ------ -- --- - -- -- ------------- ....... ----------- --- --- ------ - ------- ---- STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared executed this Affidavit fo(the purposes stated therein and that ths true and correct SWORN TO AND SUBSCRIBED bek)re me this day ol. 200 _ ......... ...... ................. .......... . ..... - ------ _ ------ STATE OF FLORIDA COUNTY OF MIAMi-DADE) Before me, the undersigned authority. personally appeared executed this Afroaml for the purposes stated therein and that it is true and correct the Aff4q who Demg first by me duly sworn, did swear or affirm that he/she Al'i ANT Notary Public State of Fionda At Large Printed Name of Notary My commission expires __ - ------------------- - ------------ . ........ the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIAk SWORN TO AND SUBSCRIBED before me this day of 200_ Notary Public State of Florida A! Large Printed Name of Notary My commission expires.. . ........ ... ... ........ . . ... ....... I . ............... .......... .......... ...... .... _. ....... I. .......... ........ . STATE OF FLORIDA COUNTY OF MIAM.1-DADS) Before me, the undersigned autho*ily, personally appeared exemled this AqidaAt foirthe purposes stated herein and than t is true ana correct SWORN TO AND SUBSCRIBED bebe me this day of the Atfiant, vvno being first by me duly sworn, dic swear or affirm that he/she AFFIANT Notary Public Stale of Florida At Large Printed Nwne of Notary My cominissioti expires. RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE AND SERVICE OF BEER, WINE AND CHAMPAGNE AT THE PIACERE NEWS & CAFE KIOSK AND TABLE SEATING AREA IN THE AVENTURA MALL AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business; and WHEREAS, the applicant, Piacere News & Cafe, Corp., through Application No. 03- CU -14, is requesting Conditional Use approval to permit the sale and service of beer, wine and champagne at the Piacere News & Cafe kiosk and table seating area in the Aventura Mall; and WHEREAS, the City Commission held a quasi - judicial public hearing as provided by law to review the application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the sale and service of beer, wine and champagne at the Piacere News & Cafe kiosk and table seating area in the Aventura Mall at 19501 Biscayne Boulevard and legally described as Tract R & Part of Tract Q, Aventura 6th Addition more particularly described in Exhibit "A" is hereby granted subject to the following conditions: 1. The applicant shall record a covenant, in form satisfactory to the City Manager and the City Attorney, containing the following restrictions: i) Beer, wine and champagne only shall be sold and served at the kiosk counter and table seating area only in conjunction with the service of food. ii) Customers will not be permitted to remove the glass of beer, wine or champagne from the kiosk and /or table seating area. iii) This approval is granted exclusively to Piacere News & Cafe, Corp., and may not be transferred to another owner and /or operator of the kiosk. iv) The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. Resolution No. 2014 - Page 2 v) The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of beer, wine and champagne within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. vi) The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over - served at other establishments vii) The conditional use approval may be terminated in the event the City Manager determines that the approval has created and /or is creating a disturbance to the community or to Mall patrons and /or that the applicant has violated any condition of this approval. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. viii) Any discontinuation of the sales and service of wine and champagne for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. Section 2. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner 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 3 PASSED AND ADOPTED this 4th day of February, 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 4th day of February, 2014. CITY CLERK EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: TRACT "R ", OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. PARCEL 2: A PORTION OF TRACT "Q" OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT OF " AVENTURA SIXTH ADDITION "; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q "; THENCE SOUTH 87 DEGREES 27'29" WEST, ALONG THE NORTH LINE OF SAID TRACT "Q" FOR 12.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 35'24" FOR AN ARC DISTANCE OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT "H" OF " AVENTURA FOURTH ADDITION ", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG THE WESTERLY LINE OF SAID TRACT "H" FOR 423.52 FEET; THENCE NORTH 87 DEGREES 52'05" EAST FOR 26.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 31.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 28'48.8" FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70 DEGREES 20'53.8" EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 20'53.8" EAST FOR 58.66 FEET; THENCE NORTH 25 DEGREES 53'40" WEST FOR 94.96 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 19'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, AND ALONG THE NORTHERLY LINE OF SAID TRACT "Q ", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 04 DEGREES 34'19" FOR AN ARC DISTANCE OF 120.12 FEET; THENCE SOUTH 25 DEGREES 53'40" EAST FOR 117.40 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND BEARS NORTH 46 DEGREES 09'58" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 24'26" FOR AN ARC DISTANCE OF 570.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 23 DEGREES 10'58" FOR AN ARC DISTANCE OF 50.58 FEET; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 10.62 FEET; THENCE NORTH 76 DEGREES 51'05" EAST FOR 342.85 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 39'40" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 810.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 48'35" FOR AN ARC DISTANCE OF 68.00 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 469.40 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 111.00 FEET (THE LAST EIGHT (8) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT "Q'�; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 11'29" EAST FOR 294.34 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 11'29" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST LINE OF SAID TRACT "R ", AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDITION "; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG THE EAST LINE OF SAID TRACT "Q ", HAVING FOR ITS ELEMENTS A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET; THENCE NORTH 69 DEGREES 1755" WEST FOR 25.00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 69 DEGREES 18'08 EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR AN ARC DISTANCE OF 33.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 85 DEGREES 07'16" WEST FOR 87.61 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR AN ARC DISTANCE OF 48.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR AN ARC DISTANCE OF 239.66 FEET; THENCE SOUTH 60 DEGREES 00'00" WEST FOR 30.86 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 79 DEGREES 11'39" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR AN ARC DISTANCE OF 113.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR AN ARC DISTANCE OF 371.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 30'00" WEST FOR 331.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR AN ARC DISTANCE OF 48.00 FEET; THENCE SOUTH 35 DEGREES 30'00" EAST RADIAL TO THE LAST DESCRIBED CURVE FOR 31.98 FEET; THENCE SOUTH 29 DEGREES 58'54" WEST FOR 92.90 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 07 DEGREES 29'11" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR AN ARC DISTANCE OF 532.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR AN ARC DISTANCE OF 51.56 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 53 DEGREES 02'45" EAST FOR 0.31 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR AN ARC DISTANCE OF 251.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR AN ARC DISTANCE OF 10.96 FEET; THENCE SOUTH 45 DEGREES 02'32" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 34'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH LINE OF SAID TRACT "Q" HAVING A RADIUS OF 5594.58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 13'04" FOR AN ARC DISTANCE OF 411.84 FEET; THENCE SOUTH 73 DEGREES 10'52" WEST ALONG THE SOUTH LINE OF SAID TRACT "Q" FOR 193.18 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCENTRIC WITH THE LAST DESCRIBED CURVE, SAID POINT BEARS SOUTH 05 DEGREES 24'45" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5629.58 FEET AND A CENTRAL ANGLE OF 01 DEGREES 01'21" FOR AN ARC DISTANCE OF 100.46 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 06 DEGREES 00'16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1070.17 FEET AND A CENTRAL ANGLE OF 27 DEGREES 09'18" FOR AN ARC DISTANCE OF 507.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 56 DEGREES 50'26" WEST FOR 488.24 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1221.67 FEET AND A CENTRAL ANGLE OF 23 DEGREES 12'04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH 11 DEGREES 19'21" WEST FOR 10.69 FEET; THENCE NORTH 09 DEGREES 46'52" EAST FOR 73.41 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09 DEGREES 46'52" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 05'13" FOR AN ARC DISTANCE OF 374.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 07'55" WEST FOR 200.00 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 283.37 FEET; THENCE NORTH 47 DEGREES 0755" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 2729" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF AVENTURA BOULEVARD; THENCE SOUTH 87 DEGREES 27'29" WEST ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 12.60 FEET TO A POINT; THENCE 78.18 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 70.45 FEET BEARING SOUTH 42 DEGREES 39'47" WEST TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1), AS SHOWN ON THE PLAT OF " AVENTURA FOURTH ADDITION ", AS RECORDED IN PLAT BOOK 116, PAGE 34 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 1320.72 FEET TO A POINT; THENCE NORTH 87 DEGREES 52'05" EAST FOR A DISTANCE OF 435.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 170.36 FEET TO A POINT; THENCE NORTH 15 DEGREES 30'00" WEST FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 380.10 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 6.62 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 94.67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 78.54 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 31.21 FEET TO A POINT; THENCE SOUTH 15 DEGREES 30'00" EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30'00" WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST FOR A DISTANCE OF 85.78 FEET TO A POINT; THENCE NORTH 65 DEGREES 00'00 WEST FOR A DISTANCE OF 162.20 FEET TO A POINT; THENCE 320.42 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 2250.00 FEET AND A CHORD OF 320.15 FEET AND BEARING NORTH 60 DEGREES 55'13" WEST TO A POINT; THENCE NORTH 56 DEGREES 50'26" WEST FOR A DISTANCE OF 325.26 FEET TO A POINT; THENCE NORTH 49 DEGREES 47'23.6" WEST FOR A DISTANCE OF 485.32 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING. FURTHER LESS & EXCEPTING FROM PARCEL 2 THE FOLLOWING DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 17502, PAGE 4216 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA, TO -WIT: THOSE PORTIONS OF TRACT "Q ", AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, IN THE NORTHWEST ONE- QUARTER (N.W. 1 /4) OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "Q "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FOR THE FOLLOWING THREE (3) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 29.240 METERS (95.93 FEET); (2) THENCE NORTH 01 DEGREES 28'13" EAST, A DISTANCE OF 43.775 METERS (143.62 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 82.872 METERS (271.89 FEET) TO REFERENCE POINT "A" AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'07" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'07" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. 9 COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FORTH FOLLOWING FIVE (5) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48'10" WEST, A DISTANCE OF 12.497 METERS (41.00 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 15.246 METERS (50.02 FEET); (4) THENCE NORTH 01 DEGREES 50'16" EAST, A DISTANCE OF 39.719 METERS (130.31 FEET); (5) THENCE NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'01" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'01" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. PARCEL 3: ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF MIAMI -DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: "QUADRANT D" A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE S.E. CORNER OF TRACT "R" OF SAID PLAT OF "AVENTURA SIXTH ADDITION ", SAID POINT BEING ON A CURVE CONCAVE TO THE N.E.; THENCE ALONG THE WESTERLY RIGHT - OF -WAY LINE OF WEST COUNTRY CLUB DRIVE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; (2) THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 2 DEGREES 49'41" FOR 229.85 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 9 DEGREES 32'14" FOR 212.25 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50.0 FEET AND A CENTRAL ANGLE OF 86 DEGREES 09'34" FOR 75.19 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5594 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 00'20" FOR 98.19 FEET TO A POINT; THENCE N 45 DEGREES 02'32" W FOR 25.00 FEET TO A POINT ON A CURVE TO THE LEFT, SAID POINT BEARS S 45 DEGREES 02'32" E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR 10.96 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A. RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'45" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR 51.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR 532.17 FEET TO A POINT ON SAID CURVE, SAID POINT BEARS S 7 DEGREES 29'11" W FROM THE CENTER OF SAID CURVE; THENCE N 29 DEGREES 58'54" E FOR 92.90 FEET; THENCE N 35 DEGREES 30'00" W FOR 31.98 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 110.0 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR 48.00 FEET TO A POINT OF TANGENCY; THENCE N 29 DEGREES 30'00" E FOR 331.34 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR 371.43 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR 113.10 FEET TO A POINT ON SAID CURVE; THENCE N 60 DEGREES 00'00" E FOR 30.86 FEET TO A POINT ON A CURVE TO THE RIGHT, SAID POINT BEARS N 63 DEGREES 19'08" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR 239.66 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR 48.66 FEET TO A POINT OF TANGENCY; THENCE N 85 DEGREES 07'16" E FOR 87.61 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR 33.73 FEET TO A POINT ON SAID CURVE; THENCE S 69 DEGREES 17'55" E FOR 25.0 FEET TO THE POINT OF BEGINNING. PARCEL 4: A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "R" OF SAID PLAT OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 40' 32" WEST, ALONG THE WEST BOUNDARY LINE OF SAID TRACT "R" AND ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 116.48 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE NORTH 02 DEGREES 40' 32" WEST, ALONG THE PREVIOUSLY DESCRIBED LINE OF 700.65 FEET; THENCE SOUTH 87 DEGREES 19' 28" WEST, ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST, ALONG A LINE 42.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACT "R ", FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC - City Manager BY: Joanne Carr, AICP Community Developm irector 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 _T 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 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 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. 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 0 BGRCOW RADGLL & FFERNAN DEZ ZONINC3- LAND USE AND ENVIRONMENTAL LAW DIRECT LINE. 305 - 377 -6238 E -MAIL: mmarrero5),brzoninglaw.com VIA HAND DELIVERY AND E -MAIL anuary 16, 2014 Exhibit #1 01- LDR -14 Ms. Joanne Carr Communitv Development Director City of Aventura 19200 West Country Club Drive, 4t" 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 Citv 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 BGRCOW RADGLL&FERNANDEZ 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 BERCOW RADELL & FERNAN DEZ ZONING. LAND USE ANO ENVIRONMENTAL LAW APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Secwn 31- 71(b)(2)(p of the City of Aveatura Land Development Code this Applicant Representative Affidavit is hereby made and submitted The undersigned authorized representative of the ind,vidual or entity applying for the Development Permt, which is identified in the accompanying application, and the owner of the property sub)eci to the application (if different) hereby lists and identifies all persons representing the individual or enl,ty applying for The Development Permil in connection with the application, as follows Name Iff a le Cc- 0 UV _ ! l t G ( M a r rtro Relationship (r a Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) ji_U ri1 e (Attach Additional Sheets H Necessary) NOTIC C: 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 (SrgnalureJ , Name, �t.Lk�( Iii - (Pnnt) Title._ .� 4*0 rile — Address:__ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) 200 0111, By Nar Till( Scf'FcR Address: 14950 L0,L 54 C.o u.n-i v ct^ l c & Dr, ✓U Before me the undersigned aulhonty personally appeared S- e Applicant and/or the owner of the property subject to the application, who being first executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED BEFORE ME thAay 0 V__ -- rta.n Peak snu of Fl ■ I; Na Hemandez My Cwmis nsion EE075919 a F Expires 04129201 lD,"o% �loor Q ✓eA%tt�a 331$0 as the authorized representative of the p�duiy sdid swear or affirm that he/she AFFIANT . 200. u i Not�Pj State of fo At Large Prin e of Notary C1Gr►� y commission expires, �ic1 ' BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Seclion 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affianl hereby discloses that (mark with 'x' applicable ponions only) ( Affiam does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented ( '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 *0 be presented, as follows (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as follows Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative, !]I, Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any nationl or regional stock exchange) or lomt venturer with the Applicant or Representative in any business venture, J J in 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 Commssion or Board, J J iv A City Commissioner or Board member is a Client of the Applicant or Representative. J 1 v The Applicant or Representative rs a Customer of the member of the Ctty Commission or Board (or of his or her employer) and transacts more than $ t0, 000 00 of the business of the member of the City Commission or Board (or Ns or her employer) in a given calendar year, () vi The member of the City Comtnission or Board Is a Customer of the Applicant or 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 :4"�- DAY OF n a ^J Oe- 20d.1 APPLICANT. By (Signature) Name G r Ae I i, 7't rd (Print) Title o n, `_(Pniv WITNESS MY H9ND THIS PROPERTY By _ Name T tle DAY OF _., 200_. (Signature) 'The leans Businessjnship, Relatio' 'Client,' 'Customer ' Ap#icant,' 'Representative' and 'Interested Person' are defined in Section 2 -395 of the enure City Code. WITNESS MY HAND THIS O _ DAY OF J u� �J c �x P00'1, REPRESENTATIVE: (Listed on Business Relationship Affidavit) B p -�- - ( Sgnature) 't By (Signature G%I re/ "l o�rrra Name . _ (PnntJ Name: (Print) Title � +f 0 (Print) �-- -- — Tale: (Print) By. _. __ (signature) By ___ (Signature CL Name + / �� �•nntJ Name. _ (Print) Title: r Ae t _ (Print) Title: (Print) By: (Signature) By. (Signature Name: �. (Print) Name (Print) Title _ _ (Print) Title: _. _. t"Pnnr) By (Signature) By _ (Signature Title. _(Print) Title:__ _ _(Print) Title _ ,_ (Print) Title _ (Pont) By _ _ — _ (Signature) By _ ( Sigrature Title (Pnru) Title: (Print) TWe -- _ —_ --- (Pont) Title _ , . (Print) By _ (Signature) By. (Signature Title. (Pant) Title _ _ _ __(Pont) Title. (Print) Title _(Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) 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. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personably appeared 1 " r OI Ae l 14" 6 f/"'1 the Affiant who being first by me duly swan, did swear or affirm that he/she executed this AtWavt for the purposes slated therein and that d is he and correct } AFFIANT SWORN T e Noary Pudfe Srab of Florida Arta Hamandez d N►y Commlaalon EE076819 Stale of Al Large q w Exptns 04/Y9/p01!{ Printed Name of commission expres _ Si ., STATE OF FLORIDA ) --,-°---. �__....._ �,... ._.._...---- ..- ._...._...._._.� COUNTY OF MIAMI -DADE) Defore me, the undersigned authonty, personally appeareje dw e it, who y me dul an, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct S _, plil" 04, of Florida Ana 075919 o STATE OF cLORIDA COUNTY OF MIAMI DADE,, L T n ✓u, y tale of F Large Pnnled Name of h / C My commission expires 7 y 3 Before rne, the undersigned authority, personally appeared at g'd'l So.4 executed this Affidavit for the purposes slated therein and that it is true a cared SWORN TO AND SUBSCRIBED before me Mms 27 day of 1 a r, a 209 as "'psi CAROL ABRAMSON Commission # DD 946451 Expires April 14, 2014 Thm Troy Fain howmoe 80P3115.7018 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ _ executed tress Affidawl for the purposes stated therein and That M is he and correct. by me duly sworn, did swear or affirm that he/she Public State oflonda AI Large n i � 1 M r0 I a nte Printed Ne of Notary / My commission expires: 4 I � the Af4ar,t, vft being first by me duly sworn did sweat or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ _ day of 200. Notary Pubic State off" 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 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 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." 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 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 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 , and , who moved its 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, 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 2014. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City snag DATE: January 22, 2014 SUBJECT: Ordinance Amending City Co a to egulate the Retail Sales of Dogs And Cats 1St Reading February 4, 2014 City Commission Meeting Agenda Item i 8 2 "d Reading March 4, 2014 City Commission Meeting Agenda Item BACKGROUND As per the direction of the City Commission at the January 2014 Workshop Meeting, attached is an Ordinance amending the City Code to regulate the retail sales of dogs and cats. The Ordinance was developed based on the Village of Pinecrest Ordinance. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1830 -14 CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM TO: City Commission FROM: Commissioner Enbar Cohen DATE: January 7, 2013 SUBJECT: Proposed Ordinance Regulating the Sale of Dogs and Cats I would like to propose an Ordinance regulating the sale of dogs and cats in the City of Aventura in order to promote community awareness of animal welfare and to encourage pet consumers to adopt dogs and cats from shelters, thereby saving the animals' lives and reducing the cost to the public of sheltering animals. Attached is a sample Ordinance drafted by the City of Pinecrest. Please place this item on the next Workshop Agenda. Thank you. EC /tms ORDINANCE NO. 2014- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING CHAPTER 1 "GENERAL PROVISIONS" OF THE CITY CODE OF THE CITY OF AVENTURA BY CREATING SECTION 1 -17, "RETAIL SALE OF DOGS AND CATS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, existing state and federal laws regulate dog and cat breeders, as well as pet stores that sell dogs and cats including the Animal Welfare Act ( "AWA ") (7 U.S.C. Section 2131 et seq.); and WHEREAS, the Animal Welfare Act requires, among other things, the licensing of certain breeders of dogs and cats and that these breeders maintain minimum health, safety and welfare standards for animals in their care with enforcement of these requirements by the United States Department of Agriculture ( "USDA "); and WHEREAS, according to The Humane Society of the United States, American consumers purchase dogs and cats from pet stores that the consumers believe to be healthy and genetically sound, but in reality, the animals often face an array of health problems including communicable diseases or genetic disorders that present immediately after sale or that do not surface until several years later, all of which lead to costly veterinary bills and distress to consumers; and WHEREAS, according to The Humane Society of the United States, hundreds of thousands of dogs and cats in the United States have been housed and bred at substandard breeding facilities known as "puppy mills" or "kitten factories," that mass - produce animals for sale to the public; and many of these animals are sold at retail in pet stores; and WHEREAS, according to USDA inspection reports, some additional documented problems found at puppy mills include: (1) sanitation problems leading to infectious disease; (2) large numbers of animals overcrowded in cages; (3) lack of proper veterinary care for severe illnesses and injuries; (4) lack of protection from harsh weather conditions; and (5) lack of adequate food and water; and WHEREAS, while "puppy mill" puppies and "kitten factory" kittens are being sold in pet stores, many dogs and cats are euthanized by Miami -Dade County's Animal Control Services; and Ordinance No. 2014 - Page 2 WHEREAS, across the country, thousands of independent pet stores as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats; many of these stores collaborate with local animal sheltering and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises, and WHEREAS, while the City Commission recognizes that not all dogs and cats retailed in pet stores are products of inhumane breeding conditions and would not classify every commercial breeder selling dogs or cats to pet stores as a "puppy mill" or "kitten factory," it is the City Commission's belief that puppy mills and kitten factories continue to exist in part because of public demand and the sale of dogs and cats in pet stores; and WHEREAS, the City Commission believes that eliminating the retail sale of dogs and cats in pet stores in the City will promote community awareness of animal welfare and, in turn, will foster a more humane environment as well as encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the public of sheltering animals. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, AS FOLLOWS: Section 1. Findings. That the forgoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. City Code Amended. That Chapter 1" General Provisions ", of the City's Code of Ordinances is hereby amended by creating a new Section 1 -17, to read , as follows': Section 1 -17. Retail Sale of Dogs and Cats (a) Definitions. For purposes of this Section, the following definitions shall apply: "Animal shelter" means a public animal shelter or duly incorporated nonprofit organization devoted to the rescue care and adoption of stray, abandoned or surrendered animals, and which does not breed animals. "Cat" means an animal of the Felidae family of the order (;a rn ivnra I Underlined text indicates proposed additions to the City Code; stricken through text indicates proposed deletions from existing City Code text. -2- Ordinance No. 2014 - Page 3 "Dog" means an animal of the Canidae family of the order Carnivora. "Pet store" means a pet shop dog beautv parlor, doa or Pet hospital or other retail establishment open to the public and engaging in the business of selling pet supplies and /or services and /or offering for sale and /or selling animals at retail. LQ "Pet store operator" means a person who owns or operates a pet store, or both. "Retail sale" includes display, offer for sale offer for adoption, barter, auction, give away or other transfer of any cat or dog. Prohibition. No pet store shall display, sell deliver, offer for sale barter, auction, give away or otherwise transfer or dispose of dogs or cats in the City on or after the effective date of this Section. (c) Exemptions. This Section shall not apply to: A person or establishment that sells, delivers offers for sale barters, auctions, gives away, or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment; A publicly operated animal control facility or animal shelter A private, charitable, nonprofit humane society or animal rescue organization; or A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store. Adoption of Shelter and Rescue Animals. Nothing in this Section shall prevent a pet store or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society or nonprofit animal rescue agency and maintained at the pet store for the purpose of adopting those animals to the public. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of -3- Ordinance No. 2014 - Page 4 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 with Cross Reference. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City Code of the City of Aventura, that the sections of this Ordinance may be renumbered or re- lettered to accomplish such intentions, that the word Ordinance shall be changed to Section or other appropriate word and that a cross reference to Section 1 -17 shall be added to Sections 31- 144(c)(1)h. and 31- 144(c)(1)t. Section 5. Penal . Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment for a term not to exceed 60 days, or by both such fine and imprisonment. Each day any violation of any provision of this Ordinance shall continue shall constitute a separate offense. This Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S. as amended and Article V of Chapter 2 of the City Code, as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 6. Effective Date. That this Ordinance shall be effective upon passage by the City Commission 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, 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 , who moved its adoption on second reading. This motion was seconded by , 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 Ply 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, 2014 ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 161 Susan Gottlieb, Mayor CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC - City Manager BY: Joanne Carr, AIC Community Development Director DATE: October 28, 2013 SUBJECT: Small scale amendment to the City's Comprehensive Plan to change the land use designation of the westerly portion of the land on NE 207 Street at the corner of NE 30 Avenue totaling 4.032 acres from Business and Office to Town Center and to change the land use designation of the easterly portion of the land on NE 207 Street at the corner of NE 30 Avenue totaling 3.359 acres from Medium High Density Residential to Town Center (01- CPA -14 - Small Scale Amendment) November 5. 2013 Local Planning Agency Agenda Item 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 (62) District on the Zoning Map. 0 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. 6i 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 Densit 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 0 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 i Proposed Town Center 7,336 465 625 Development IV 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. 9 BGRCOW RADGLL & FIERNAN DEZ ZONING, L--&-"E3 USE AND ENVIRONMENTAL LAW DIRECT LINE 305 -377 -6238 E-MAIL mmarreroCbrzoninglaw com VIA FACSINILE AND E -MAIL October 9, 2013 NIs. Joanne Carr Community Development Director City of Aventura 19200 West Country Club Drive, 4L'� Floor Aventura, Florida 33180 Re: Amendment to the City's Future Land Use Map re tiNTaterivays Town Square Dear Joanne: This law firm represents Aventura Land Ventures, LLC (the "Applicant "), %% -ith regard to an application to amend the Citv 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 RMHA. 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) TO NT 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 %vhich 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. 'I lie Applicant hopes to achieve exactly this. Expected uses within the project include a retail entertaimnent 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 Lntertainment uses. Additionally, some of the expected population growth will be addressed by the additional residential development within the project. BERCOW RADGLL & FERNAN DEZ ZONING. LANG "SE 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 Cite and the Applicant will work to mitigate any irnpacts 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 /tmvii 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. �. 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 y ours, Michael J. Marrero BCRCOW RADELL & FERNANDEZ ZONING. LANE> USE ANA ENVIRONMENTAL_ LAW DADS COUNTS ,. �: .l, ■ YACHT CLUE n0' "Y ■ ♦ � S� tit-P • ubject Site ;• C1 l� erwm �� ■ >1 COUNTr E D • �! i ■ 205 _ ■ • rena� � IT 01 1 �-- > �E, ■ Q • i 1 �— ♦ C, Ile :y Mauve • O:W LL �. X ; • �� Li I LIJ o N 33130 GAR Er,s DR •CD 331,,60: n Al 18-)S T I G FV; / ■ �� j Gtt�l� ?��v :• & r v llaule S� unc r :• Ha' b u Lake r �� • East • :• rho" / • zC ■ w;.. ��. ..... v • . �r LEGEND Lae .� II Roadwads ♦�,. I „Aiy Bounaa 6oun03�-y -- - - - - -- Railroad ■ Exhibit #2 ®1- CPA-14 1 -50 PONCE DE LEON BOULEJARC, CORAL GABLES. FLORIDA 33134 305 n47 -0900 • FAX 305 444 -4946 • EWAIL DPA OPLUMMER,Cof/i October 28, 2013 %1r. Victor Ballestas Integra Solutions 150 NE 2 °d Avenue. Suite 701 ?Miami, FL 33133 Phone: 305- 774 -0110 Mobile: 305- 773 -5896 E -mail: vb�ddiltegrafl.coln RE: ParkSquare Aventura Traffic Enjineerina Services - 413114 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 ®1- CPA -14 Pa a1rnL c�AeLFS • .oR� ^.,FP� Iy In Victor Ballestas RE: ParkScluare Aventura Traffic Engineerinp, Services - 413114 PaL,e 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 2' 10 Rooms Apartment 145 D�velline Units Assisted Living Facility I99 Beds A trip generation analysis was conducted to determine the trips generated by the previous de- velopment 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. 9`h Edition, and obtained using the TripGen 2013 software. Vdorksheets 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. svhich must be accounted for separately. This will be a mixed -use project and the design swill 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 I mile. A 5 °�,o 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 IF: CORALCARLES • r�R''AYERS Nlr. Victor Ballestas RE: ParkSguare Aventura Traffic Engineering Services - #13114 Pap-e 3 and,'or equations are consistent with the adjustments used in the traffic study performed for the previousl- approved land uses. Exhibit 3 provides a summary the trip generation summary for the approved and proposed site plans. Trip generation' internalization xvorksheets are included in Attachment A. Exhibit 3 Project Trip Generation Summary :Scenario Weekdav AM Peak Hour Vehicle Trips Weekday PM Peak Hour Vehicle Trips A Uses 52g 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 AIv1 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 stud-. ��'e stand ready to provide any support needed for this project. Should you have any questions or comments, please call me at (305) 447 -0900. Sincerel an Espin a, PE Vice- President — Transportation Attachments ti �l3'13114',tgen oct 2S 2G 13parksquare aventu a trip generation comparison letter_october 2S 2u13 do;Y "ORAL GABLES • �[,I dVERS Q uj Tz i U Q C to O 7 i0 C N d c c a f0 a m uHZ a >z U a a Q 3 G ^ a m a � M1 I lrvll u G G m I � I t O I a � I i I I I I I � O m K a d o^ n` t tt _ a = c � I I '. I ICI ICI - 1 E a = t 0 I f d 1 I I o I v v � m a o - - a i ld-kldot N A E N C N � � I4 Immul �I�jm e ��II�I�I= ;i41T �!P��ITI�Im �Ipl �c la! o t _ H Im n y V s- Eq a m r� I c mo 2 c �� N N W T� 3 iCL ~ a F 2 U �22 QC y Z °i °a I �a Q 9 � O ° I I I I I I III O C O o a I III � I I I I I I I I I I nil a o a N 4 Y _ n i h n o l� H N h A j E O w • _ F o c � F ; a - ,r.7ary of M,,:--1 -Use Trip Generation .::erage Weekda -riveway ;Unadjusted for Internal Trips) -��. cork Square r :er.tr -ra - Approved Descript-cn: Project Open Analvsis Date: Date: 24 Hour At"1 Pk Hoar PM Pk Hour Two -Wav ITE:2ar:d Cse Volume Enter Exit Enter Exit ?1C: Genera'- Office 223 31 4C -98 = 42.-48 Th.Sq.Ft. GFA )E] 712: Bank 729 34 60 60 4.92= Th.Sq.Ft. = -] 825: Specia'�tyT Retw_ Ce ^ter C _ 2� 26 Th.Sq.Ft. CFA [n? 310: Hctei 1618 61 44 6- 58 .98 3cooms [w 93 ^. C0f`_ee;'Donut Shop with Drive -Thr 8— w 49 21 .992 Th.Sq.Ft 437: Bowing Alley 601 34 --8 Bowing Lanes 22C. Apartments 592 10 43 42 22 ,iO4 "`weili ng Uni�s �j Tota� Driveway 6938 To-,a- Peak Hour Pass -Ev Trips �..otai Peak Hoar 'tiol. Added tc Ad -acent Streets 413 2 4 e 413 2�4 Ncte: A zero ind'cates no data available. Source: institute of Transportation Engineers -rip Generation Manua , 9th Edition, 20,12 TRIP GE'_QERATION 201-?,, TRAFFICWA.FE, LLC 262 395 28 28 234 367 S.:m,mary of Multi -Use Trip Generation A-.erage weekda: Driveway Volumes !Unadjusted for Internal Trips; �t: Park Square r�eraµra - Proposed Project Open Date: Anal },sis Date: 'escr _or_: 24 Hour AM Pk Hoar PM Pk H oa r Two - W av rTE:Land �se Vo1nme Enter Exit Enter Exit 326: Specialty Retail Cen�er 1526 _ 41 52 =4.42? Th.Sq.Ft. GFA ;R;. 331: Q,aa-ity Restauran'_ 1935 0 1C8 53 _._1E Th. Sq. Ft. GFA ,R] Genera' Office B _d ng 18CI 235 _ 42 206 151.601 Th.Sq.F:. G... [E] 310: Ho_e1 o 18Z Ti _ 7 67 7--C Rooms [R] 220: Apartments 464 15 59 58 32 I45 Dwelling Ur_its 254: Assis_ed 18 _ 2C 24 199 Eeds [R] Tctai 2ri.ewav `� -me 8534 339 I_ 340 434 Tot._ Peak Hour Pass -ny Trips 0 46 23 cta� Peak Hour ','c Added to Adjacent Streets 292 411 Note: F zero indica-es no data available. So °,rce: Institute of Transportation_ Engineers Trip Generation Manual, 9th Edition., 2012 TRIP GENERATION TRAFFICWP.RE, 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 a(-.brzoninglaw.com 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 Perez 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 toogntact 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 IIMRJr Exhibit #4 01 -CPA -14 Facilities Planning, Design and Sustainability Ana Rijo- Conde, AICP, Deputy Chief Facilities and Eco- Sustain ability Officer 1450 N. E. 2nd Ave. • Suite 525 • Miami, FL 33132 305 - 995 -7285 - 305 - 995 -4760 (FAX) • arijo @dadeschools.net PF Miami Dade County Public Schools Miami -Dade County Public Schools Additional Folio Number(s) PROPOSED # OF UNITS 147 SINGLE - FAMILY DETACHED UNITS: 0 SINGLE - FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS. 147 3 IAVENTURA WATERWAYS K -8 CENTER i _64 231 (ELEM COMP) 1 AVENTURA WATERWAYS K -8 CENTER 10 1231 I FM Cf1MPl Aventu ra 01- CPA -14 Land Use 12 0 NO Current CSA !Current CSA Five 12 io 'NO Year Plan IAVENTURA WATERWAYS K-8 CENTER 11 Concurrency Management System j0 !NO Preliminary Concurrency Analysis MDCPS Application Number: PH2813100400889 Local Government (LG) Date Application Received: 10/4/2013 3:27:27 PM LG Application Number Type of Application: Public Hearing Sub Type: Applicant's Name: Waterways Town Center Address /Location: NE 207 Street at NE 30 Avenue, Avent-ura Master Folio Number. 2812340064610 Additional Folio Number(s) PROPOSED # OF UNITS 147 SINGLE - FAMILY DETACHED UNITS: 0 SINGLE - FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS. 147 3 IAVENTURA WATERWAYS K -8 CENTER i _64 231 (ELEM COMP) 1 AVENTURA WATERWAYS K -8 CENTER 10 1231 I FM Cf1MPl Aventu ra 01- CPA -14 Land Use 12 0 NO Current CSA !Current CSA Five 12 io 'NO Year Plan IAVENTURA WATERWAYS K-8 CENTER 11 7 j0 !NO (Current CSA ;232 ((MID COMP) j j Adjacent CSA —�— 1 IAVENTURA WATERWAYS K -8 CENTER 10 7 I,0 Current CSA Five NO 3232 (MID COMP) 6 HIGHLAND OAKS MIDDLE 15 7 —10 INO lYearPlan Current CSA �6241 HIGHLAND OAKS MIDDLE �0 �7 �,0 Current CSA Five [N 0 Year Plan 7141 DR MICHAEL M KROP SENIOR i 284 r7 — 0 NO- Current CSA 7141 DR MICHAEL M KROP SENIOR 7 ;0 Current CSA Five NO (Year Plan �0 — (2441 VIRGINIA A BOONE HIGHLAND OAKS - - - -� i 35 112 X12 YES Adjacent CSA I 16023 ELEMENTARY _ ANDOVER MIDDLE — — -- (- 140 ; 7 7 iYES _ _ Adjacent CSA ,.7 381 i MIAMI NORLAND SENIOR _ , �— YE 580 7 7 5 Ad acent CSA 5 *An Impact reduction of 19.5% included for charter and magnet scnools t5cnools or a oice�. 1DCPS has conducted a preliminary public school concurrency review of this application; please see results bove. A final determination of public school concurrency and capacity reservation will be made at the time of pproval 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 Ft1fS, i!? 1( Se..l'Ofl . -i �'�,bJ(Zll c! '',p C;,Iv J Aver, lura Land Dev ;)p -^e 7""de, Ih,c APj IIIr'af.l Q ,sres9 "^ativ6 AtSdevl , ^ a(jr,, -)rlri 'clnPtied, T! e r�nrie ,r.ee au!I,)wed rapresentat've cl',heindvi6 l or y apoly gf- the Oevelopme+ e ,rr; .hish is Ioe III r, In `he aceompanyinp of ll,p pmpwty sul,'Jec<in'1 c appiir.rtl oil lit vs and idHnlifies all pr�sco, �r pr �e;ning tNe ridlv,lici cr f:nlity a),;JyInB Inr f!e Or,�r -,r �, Permli ir, Pie amlir.atlon, es'clloats NamF ���II, C.�t`Ci � \j �bN, Js() Relationship (i e Artomeys Architects. Landscape Architects Engineers, Lobbyers Etc; C, r —j t Atiacr Addli�onal Shee!s I Necessa:;) NCTlCE 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 PEW417 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 PP,IJR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION. TI1E INFORM-AHON PROV±DED IN THE AFFIDAVJ BECOMES INCORRECT OR INCOMPLET . nn o , Tti ,)RI�� D R-J44 NTAT V t tF A.PP' iOAIv'T O'JVNEF3. - Yt. — a r me �� %7�P�rr ) Na r��L iz �t 01)' /) ��1 ), _ - -. Tille — -- — >ss I s e St, Qa 1 ea) [A ((J-/y\ STATE OF FLORID! 1 COUNTY OF MiAM.DADE) Address: )S d Belpre me the undersigned aulnonty persrTnaLy appeared ��y�p � (�_ _As_4 e a Iharized representative a± the Applicant audio! I owner of the property subject to Ine application, whb being first by re duiy_,, bf l 91 swear Or aftrm, Thal helshe exeruled Ibis Affidavit for the purposes staled therein and (hat it is true and correct / e SVVC)Rtd TC AND SUBSCRIBED BEFORE ME this _ -day o0��( Notary Public Siate of F' a AI �rg Printed Name o! Notar}�' I'�_ Nay commission 410,t :R ` CCMPV9 /I !!GA "EF 202515 •�,°F, °' wv; cw BUSINESS RELATIONSHIP AFFIDAVIT* 097W s is !!1,10c Ic i'(l'J�20! A Me Q 01 Nevs LWd DMdj"eM W TIC umdWind ) hm' -enby discloses at ra�k. qjj I a oj, :)I, rj i S or Lot Um a &&xo ROMAW mM wnmnf, of he 44 Conny" y any 24 Aunigy Egod v w4Q ''re will be vfese,i[(il °eiery d!sdr,)st,,� Vial.! i4e.,,L3ye a A"oss AlMoN, wA a Twwr M" Q0 5mmaim & a Q Awvy Smn Y whico Me aNkNnn w! be pTsukid as Wdiaws (Lisi adn!e oS Ccnirn,syne, v WaN Way Memo, No sons r Pne Commann o- Q;ovsixy Boon.,) YAor mombu sows) n sunvis sows %sump S as ""A's Meoryc 0r-'ily a Board WM an owwsQ vVn""vv""% I W was Y opt Ad-, W AWwN a Wes W vs. UWK 0 Coy :w i No a, Burn is a p'1 in ('nl.arek)!oer or a am not iisoed on 1)y ii;Wol.�!' ^,[ regio.la; Stock uu�wgel or lol�ll venhjror'hifl' ")"d (a"); or RePrPSi1!'4:1vf' in Any hums me T" 4pluid a Rawakow is a Win! of a T. of Q Amm wv or Baw x a Vvv I aniKef WdsoMd wol" fn" On Same dkv r fW On Sir is eMWQyW as Po meQyr of rij Cify Ta"my5jp or B.0 A Cxy ',eN 0 the AMW x vev"e oxwe Re Aphal Y Rumendive is a cf Me member o' (.o� i-ssii,,)n or 5�,,od 1cr or her oily(uyer) [,h)ro can Py N) 03 of he Asmas 0 he mnow A to Gy Cvvnyv 04varin (Of his or her ;1 giv'2r? calond'37 year, He munlae"Y Me Coy Commssion or. But is a .,adore, of Me AnoW T %wo-wor, am munts moo Man SAW1 00 0 Pie business of to Avyicas a ReWnwvNe x a ywr, mhMar yu- +V E: S D"), U U(cj4q-( 2' WW'S MWO-On THE DAY ()F Y .216 lvi 0 is hc BLvo('s" Pe)�)Iofirhp' t0g VvWwf,' Apphcao! Rel)(csenilaWe" af?J llwfeslerl Pei' or7 are Uefilloj 0 �!' Cron 2.7 5 of "hi, A veolLlf1 ciiix cout), IT WW'S MWO-On THE DAY ()F Y .216 lvi 0 is hc BLvo('s" Pe)�)Iofirhp' t0g VvWwf,' Apphcao! Rel)(csenilaWe" af?J llwfeslerl Pei' or7 are Uefilloj 0 �!' Cron 2.7 5 of "hi, A veolLlf1 ciiix cout), IU wBSuY*AN0 THIS DAY OF ��20A� ~~ RE mass Reolions�ipAff!duv1) By m o I� u a ��^J ~`�C6 1pooy mane� �e _ -�mK TYe y) � Hy� _ _�Siq'el�ve de m wome_�'__.-'____--�'^*�V r To;: Non`e 'Pm» Tfo By T�,e �^�/ Title, _________ 8y Title Title By _-- ... _---_-__--�_6�vumm T,m416111) TiUe Title NOTE, 1) Usc duplicate, sheets if disclosure information for Representative varies Z) Applicants ooJ Aft_iznm*uod`imJmUmrl� svpy|unoo/ /w; Affidavit rvoupxw 9oo. 3171(by2«i,)of o,c[ir�'� Liox Dev lopmoo/ K,F"|mion � /hr[il� inJ, in /hu cvuu /}m/ prior to umnke,aioo of the ^ny�uiou lh; the m> Boan u, C./wmb`km' ,hv iufOmmbno v"widm ill the »ccumm inconect or �ow1|=,. A / DAYOF R[PPESE 5hiPmftdaw> 9/ By Noma Tale _��!-.-__---__(fl*w.; nc By Name By _ - 8y Name Tiuw�______ Title, By ���� By /��� —__—_ _(Pow) TNr_____--_ uie_ /*^li; mm ~_ By -*wy* ar� mw ___V+x* Title. wmfkIv Till(,, ,--___ ------- -_ "'Pont) e/__ ��mx^� ey� mm ('"l) Title _ _ _ (*w) wonc 1) u* duplicate `mzuxm,uv v',*wvnmmnkxoemosoxo*^mp,s �)^mhx^m. and xm^o^ art ,m..mdw/'me4x*vli-*uwwo*ffio*i noovwvm�r,v'nmx-')(.`) ^/ m, on`. Lind Dw**pn'*/ uqv|^,^on^io m,mr cmie, ill /xc ,*m /w/ prior w comidrw000 of o.e ^m,/^u*n bT ,w c.ly ev*o"'cumm��=` owi"l'O"om"m vm,uw ill //° amom" unm"m inmn^*", NOTARIZATION PROVISION CJ T IAMI DAD�7 +efne i r, hP onnN .ced a,riheairy- perscnsl!y apnearea � I%���� �d'� /�rd AYfan1 vih0 he ; Tirsi Dy me duly swor;t, dro sncxn. n afS^ !;at !'iel5he �e:utn fin isAlfJiotior6reo, -p ,,vutr, ^IhHeinand!I2t 's'-,k mornr,fci ;1d3RN Tc" AN: "�=Ramos ova' o itme y Public of Ficrtda At Large °'e Pr cled Name of Nola y r +.y comnnsin ex,: ?es r; � HAMi JAr c tae rP aoyearec � ie� «( ari w11c, h�ei q f. �y �,ar;y sw n dpi ;.,ea' s jfflr, thn- heshe ,rte:: 11e n S AKidavi f t t � Nor{ S slxp, ,!,e u n atd lfa' it's true, a ii mfort 'A "A' 7 ti;)t?N AND h1 before !nNlni� 1, d),i t 10),tom Gf_ �� __ N ra bli 6 of Flonda hl urge Notary Public State of Ronde ` Diana Ramos ���d My Commission EE082284 or W, Expires 1'r, "' _ - - ^1eo � 04 110/2015 r i NaTe of Notary I" "i expires ^t r slrai A C1n1 M Q r cxc;ne .,r c.,,,;r r ,.thorn Horst, a'v a �ea•P! Y r h,� _ _ Lire A�nnt,�i5r� br � ,rg 6��s! cy r`c d „ly ;u,aq a�.a sv,aa rx A1frr • !ha1 helshe �c- Alfxsavi! r i, sr.� ,G�'r, nr;'e¢r aiTU hat t s n�,e ,rn;,'ronect f i SbYp1,N , y I0 Ar� e Ire 1 ^s 00. r olery Public Slate of F oIuo A, F rnled Na fie oi'Jotary T.� "v � j �j � �✓�-' ���,��<_ LJ My camrn,siat ox,pi es F'c lr r�ORID1; 1 JAN' ,r OF M iAM!- DA.DE, fie'orc. ^re tle na!h nty. personally appee;ed _ _.._ _ -- _.. ['e Affa! f wiw or-nu F,st b9 noe d(,ly sworn, dnj swea? 0� a'fir r. that ficlsAe rc�lee Lhs Aftidav f =nr' e pu*poses slated I!wre n and that tl s t ue and rweCi S^JORN ,, gtiD S A ' R,2; -� befa.e me Bois _ _ day o1 20L- AFf!k'VT Notary Public Stale of Fiorfda Al large Printed Name of Notlry My canrnSssion expires_ NOTARIZATION2_QVIS)pN SIATI Of I ; ORIr)A VfA`. 1(-Ia e n e. Pe un(19 i5igned auI1Kx11y. pun,onally apf>bafad `� t lilt Affianl wku fKtpj� firs) yy me ran 111IX1 111 1Henr AlLnn flint r, ecAt ,f Ih,s Atfnnv. .r p,epnse55ternr) ViAwm and Ow 4r Ie�n and (war'l oz�' ROSARIp R. SERUVIDES nrrlaNr Notary #Ik • St 1 lorlda sVA lIN l 'o AN( Commiaalon 0 EE 137323 Sawed Throopfl NOMW Notary Asia. PAM NcAw Public Stale of ". rge Pr,ninhd Name d Noln'y My elppes S ?nlf Oi- I ; ORJDA r,:)lINII Of MIAMI M9Z f3elnr„ R,e iLC ra 95,9nr:d ntrthorlly. h'lannally aopoared ._.. I the A15aat, who being bmI by me duly avian dui 1wea- n' n!6in. Ihnl emwtx'- this Al idavn 1,1 he Jmrv)see tit »led livein vd Ihnl'd is Ilue aui burr @d SA'OWq ?!, AND SU)O'(:RI(3Ef) oek)re eie Ines - day of _ .'e00_ Nolary Pubfic State of F Innde At Large Pnn)ed Name o! Nrmry My coirm ww nxp res _ ... ;,IAr oriLORIDA I COUNIy Or MIAf.t CADI y "�"" fie':Nr me ;ar imdrrsg,'xwr nufhorlf) -, pyrsoubiy appeared _ _ _. the AfGnnt. whG Drug first oy me duly vvan, dq swtrnl nr nlfrm Ihal Melshe exeoiled fha Alfxlar,l Io the grrovsos sWed Illoren aiuf Nnl o is huo and cart AFFIANT SWCYN 10 AN2 -iU6SC,RIBEq 1,wkae we Iles Oy of 200_ Notary Public Stala Df Flnndb At t.arga Prf d Nn i o of Notary My commsslon eyprns' ... TRIE Or 1' (ORiDA TAUNT° Or MIAMI CAr)r I leeloic Me the uP9e 5gecd audiodty, Del5tulalh apps red _ (he Afkrygl, Ntx) beirw 66f by ino di0y Swom did yymAl ry ngnn 11181 IN+Jyhe ezvrWH t ti AOKrt m!I)'the puT %5 Staled holwn And OnAl ll is Vve and (tared. $VtlORIV T;) AND SUBSCgOED helore W1, en0 . day of _ . 200 AFF ANT Notary Pubk SIAIe of Flaida At large YdMed N" of Nolan My cahrnmso) oxptoli . . _ t BUSINESS RELATIONSHIP AFFIDAVIT - r� Atfidav rs w lji, p,lsmfioI to e,Ucy+ 3?- %rfbi {2)Ift) 0 the Crly Ul A.tt,lura Land'),wYvr>tmcm iac The „dcrsnli,r_d IN "t r-errty u eu cs 'Rai b ri"O'Anti, x Hipp B111t JYK�rAS ocly rjy;; r!!;, haGe a ar y ;ay C(Y) rn ,., r rr tc whirl; ME, Applir:40A WlV tx creseniftd. %r fianl 14,,ieby 6 ,cows ttal I aex a 8usmuss ! la ms *lp wE!h a rnemtx ;f ;f ,I,e Cdp Canrriss'c: c a ".fly (dv,,,Ory 9;krc1 t�,, µ #uch the wik Ue O'eteilled, x _.___�_..._. -.__ (L,r, nan3e t'✓ fonlmfss�aner of y'dvbnry Eif�ar�: "�Y;rr>Px +rl win serves or III 't �stGiy rnerrbe servos) the aahrre; of !m1 b jr, INicws t,lembef O? "fly Gornlmsvot, Of bc,�rd h(01' 30 (tY111(if9t)Y;, In�f?(f',1 G, ez;ir5s � 1 k n, lNe� imp's or:;1PIX Ycyif of Appl cwa or Rolvesenlallve, Memw of City Cormmssu of Board ,s a pwifie, ;es to srafcs a1 8 co,fxn,Nton witch arr not listed cri any witional or rejundl sttx* +txchaflqe, of pant vnrNUro, w`tt -i !fie Atntk.,anl m (ZealresealteW,; in any Wsiness veli;nfn l N The Appl rfnl a a :kern of a fnefr, xw of tfie City Crenmrss�n of Bovd of z B en! of ar bU,f }f (Yotcfssiunnl wnrkntq trop, the same a!f!cr, o, lot the mole empfnyer as the rnntf;tisr of the City Curnurisaro„ u Boord iV A, Ci;7 of Boanf oipulihp is a 01eol ty Ihg A,c*w8rll O' Re(7fE5B010t1 "r-C Die Applirzr,l ul RepraSeruattas is a Cus; tit er of the foembef o! the Cdy Comrtussrrsn (Y Nnald (rn J hs a hot em( OYCf i ana transyf;IS rrxn Iflar M.00 �l of the blmoe'=s of file memM'r 01 (he 1„ rty Cornmis"t in OI B%vd fry h s of lie, r mp;oy(-, } in a rpml c8leodnt yew m' The mLjq�ef of the Elty Comrn�vsz,n a B�arTJ 's a Cusionler of the, Apiuc.7nf a R,eweewnia(ive an4 Iranaa�Is mac than £25.IX�V of t u (rosiness of flro Appi,caol or fiopr�son(al;ve vs a y vor,calcffA r yea+ (} NESS MY HAND THIS � DAY OF LAC rv.f? i i�-- ._ �fi B Q� _,I51t)ri3lfticj re `as,1 (u PrnU VliTNESS MY HAND MIS DAY OF ..,- _. 200_ PROPERTY ONNER By Names r,re `The lean`, 'htushwle ReloliOttship,, 'Clrenl," 'C'uslonier.` 'hpydl rrnl.` 'Y ?epCSenlAlive" errU 0101e5red PerNOW afe derwed,n Spa;bo 2 -395 oilhe Avenlura City Lode VV "N A 5 V �,nriJ NI;, DAY O �tf= RESENi OVE�" 7 3 t eo Reis., htC �Tfidav t' Y 00 F Fly TOP - (f'iirtl" Title _____- _.._('I /Rr! Name i �f F II�nrN ''Uri q ?G Name Tilkt- (P ;fw) ± pe rT !!Rri Tdie c F Fly TOP - (f'iirtl" Title _____- _.._('I /Rr! NO1 E 11 Use duplicate sheets if disclosut o nifounation for Repesentattve vwNs 1) Appli nms and Affia m are Wiswd to timely suyyWculent {his Afftdavir purt.uant to Six. it -; 1fb)''i(wf of the Fm'c Land Oevv1(,pmrnt Regutationc in (he. City Code, in Ow went that prior to rift AV of the appliu'lion h) the ('it )' Hoard or comrllk iwn. Iwo hdknra b" p wided in Ure Atilda" hz•"mo hwnw r]r Mt:rMele. �'nff fA "F'.f)f71L`l. mg tr ,.:vrs.�neC a.ltKa rly. ,cFOFUIIy ;�OI'<`arCf. _ ,cic l'tet^ Ilwk AfP,.J30 i,7 7 jp�ma;Pz Sohn= ihefLgo wr, litat r 'S kue vo Urrficl SVJOIih il; h!v i $UthL; }7iiiEll Fx f^dG, 4% de'y oI 9c?utCme t�rr�� aaNc *!7(3, pr- s- rnbt)• aPieaiea _ 9:07 r:Cel L!,s AibJevU tp vw muoosas Fta,(O f;ogrevi d'a, nAI It N IIU6 @ %l OM4ti3 OF nM- er -ry 7a.an d� �+vc'.` t Nf. r 1t P. bcs�tay M-i_: AY NGarr PCb1tc 5tn19of r:onrl, At P n-ww -d ,I(n r>I Nolety My 1!:t A[fnni wtrc bt w,(I Fly! ^v �,- duty swan: ft swaa, o, 3'4m+ till' R?rrtzr P. ('!4il WQPN q? Ai;',, %185CRIfif Il GCfaO ar01!ltS Jly Of �(7`•_ NValy Phbk Stem of f bolos Pu 1.81, pm led Nwl)o o! tiow,r ldy canmisslw Ui_pKOS Y. MIAMI 1-1A1F; liPtoul ma, IhF ran Cers>4ced nubtorty, nersonetty app xvO, L"P nf`nat ww, buiny J�:st tty nit July swolr. 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Nwi y �'nff fA "F'.f)f71L`l. mg tr ,.:vrs.�neC a.ltKa rly. ,cFOFUIIy ;�OI'<`arCf. _ ,cic l'tet^ Ilwk AfP,.J30 i,7 7 jp�ma;Pz Sohn= ihefLgo wr, litat r 'S kue vo Urrficl SVJOIih il; h!v i $UthL; }7iiiEll Fx f^dG, 4% de'y oI 9c?utCme t�rr�� aaNc *!7(3, pr- s- rnbt)• aPieaiea _ 9:07 r:Cel L!,s AibJevU tp vw muoosas Fta,(O f;ogrevi d'a, nAI It N IIU6 @ %l OM4ti3 OF nM- er -ry 7a.an d� �+vc'.` t Nf. r 1t P. bcs�tay M-i_: AY NGarr PCb1tc 5tn19of r:onrl, At P n-ww -d ,I(n r>I Nolety My 1!:t A[fnni wtrc bt w,(I Fly! ^v �,- duty swan: ft swaa, o, 3'4m+ till' R?rrtzr P. ('!4il WQPN q? Ai;',, %185CRIfif Il GCfaO ar01!ltS Jly Of �(7`•_ NValy Phbk Stem of f bolos Pu 1.81, pm led Nwl)o o! tiow,r ldy canmisslw Ui_pKOS Y. MIAMI 1-1A1F; liPtoul ma, IhF ran Cers>4ced nubtorty, nersonetty app xvO, L"P nf`nat ww, buiny J�:st tty nit July swolr. Id Jwom 'Y , t ,a U18t !nt; SAe ctcryAed tI,ti AUnSea :IiY Te @1gws0s SlSlaa tlwiaxn 3'tJ Mal d iE Ilux, . and rr -itd- ;THORN rO Mn SI,1W' RJK-D tA69,m, t" ;:e _ doy of 7r0 AFcIANl N,AaFv t'Wkc SWO M AI ".arpe 1,tnwdG NMne 01 NgW,y My mx,rnssw0 o oars; _ _ ORDINANCE NO. 2014- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 3.359 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER; AND AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION OF A 4.032 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" TO THIS ORDINANCE, FROM BUSINESS AND OFFICE TO TOWN CENTER; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Division of Community Planning of the Florida Department of Economic Opportunity found in compliance the City of Aventura Comprehensive Plan (the "Plan ") in March 2007, and WHEREAS, the Future Land Use Map of the Plan designated the 3.359 acre parcel of land described in Exhibit "A" as Medium High Density Residential; and WHEREAS, the Future Land Use Map of the Plan designated the 4.032 acre parcel of land described in Exhibit "B" as Business and Office; and WHEREAS, the owner, through Application No. 01- CPA -14, has made application to the City to change the land use designation of the 3.359 acre parcel of land from Medium High Density Residential to Town Center and to change the land use designation of the 4.032 acre parcel of land from Business and Office to Town Center; and Ordinance No. 2014 - Page 2 WHEREAS, the Plan amendments will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission believes that it is in the best interest of the public to amend the Future Land Use Map designations on the subject property from the Business and Office and Medium High Density Residential designations to the Town Center designation; and WHEREAS, the proposed amendments to the Future Land Use Map designation were reviewed by the City Commission, sitting as the Local Planning Agency designated under Section 163.3174, Florida Statutes, following an advertised public hearing; and WHEREAS, the City Commission finds that the amendments will maintain the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The foregoing whereas clauses are hereby ratified and incorporated into this Ordinance. Section 2. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible and to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. 2 Ordinance No. 2014 - Page 3 Section 3. Amendment of Future Land Use Map Designation. The future land use map designation of the parcel of land situate on NE 207 Street at NE 30 Avenue more particularly described in Exhibit "A" to this ordinance, totaling 3.359 acres is hereby changed from Medium High Density Residential to Town Center. Section 4. Amendment of Future Land Use Map Designation. The future land use map designation of the parcel of land situate on NE 207 Street at NE 30 Avenue more particularly described in Exhibit "B" to this ordinance, totaling 4.032 acres is hereby changed from Business and Office to Town Center. Section 5. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 6 Inclusion in the Comprehensive Plan. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map of the Comprehensive Plan shall be revised so as to accomplish such intentions. 0 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 Holzberg, who moved its adoption on first reading. This motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Howard Weinberg yes Mayor Susan Gottlieb absent 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 5 SUSAN GOTTLIEB, MAYOR I_.EGAL 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. 205`h Street abandoned by Resolution No. 2000 -11 recorded in O.R.B. 19247 at Page 4677. That portion of N.E. 106'h Street bounded on the North b „, 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. 205th Street and the centerline of N.E. 30`h Avenue, both as shown on said PLAT OF HALLANDALE PARK NO. 8; thence North 89 °53'41” West along said centerline of N.E. 205`h Street for 296.98 feet to the Point of Beginning of the hereinafter described parcel of land; thence North 00 000'00" 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 cun- ature; 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. y,. 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D N d O v N W cD N n O G) Dn O p `G Vl O Q- COD D G: < lD O lD C �_ C1 O 7 r- n Z7 i- pp J 0 P- Z r 7 -F� > > > 7 a 0. a? 0 a= Q. a a W a 0 < 2 MW 3( to 0 m N o ° 0; °- C u m x C4 (A d MW m D m S m m 7 w e O 3 W O A N V< N fD m -o C) 7 m m o z A c 3 f C. w A 0 N N CD r N x W N A N T 3 w T co n O C UI T � T C 7 V W o A p O r O Q7 j _N d CD O O A � O W A W J O V O W A O 7 D N W A W N A O J O p N d 7C T N J O O A O ? N N (n W O 7 A O Cl A T C.J i O J fD x O (n N A N W O G) Dn O p `G Vl O Q- COD D G: < lD O lD C �_ C1 O 7 D LA p Q Q O ni — r+ < x p O� fi D Q 0 =3 O rr � (D = n m • T o 3 C • • (D v 3 o W N T 00 LD w N D Cn N T f(D — = C V O w O W N T N � 00 G) N n • r+ r+ LA D LA p Q Q O ni — r+ < x n o Q O O rD O A • • m • T �•' C C • (D v 3 r+ r+ . 1� W N p p W Q- N W 110 o N Ln T N N 00 N T � rp 0q C W O 0 0 N N al 00 N (/l T 00 Ln O O V1 T cri • r+ Ln D O rD Q n clt k< D, n rD DJ D rD ct -D LA Q C4 QJ fD D < rD Ct Q1 C r� v 0 c m 0 VEHICLE TRIPS w w � .p (n LM rn rn v o° o °o o °o 0 0 0 °o 0 D D D < < (D c O _0 (D M D r+ o r+ O m n+ < � �' 0- � n v G) fD �D r+ O� n O B 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 4- v January 7, 2014 City Commission Meeting Agenda Item February 4, 2014 City Commission Meeting Agenda Item 8 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. 1851 In 2006, the previous owner of the land applied to the City Commission for an amendment to the future land use map and for amendment to the Official Zoning Map to change the easterly portion of the site comprising 3.359 acres from Business and Office to Medium High Density Residential and from B2, Community Business District to RMF3A, Multifamily Medium Density Residential District. The future land use map amendment was approved by the City Commission through Ordinance No. 2006 -14. The zoning amendment was approved by the City Commission through Ordinance No. 2006 -15. This zoning amendment was approved on the condition that the owner record a covenant restricting the residential density to no more than 31 dwelling units per acre. The 2006 development did not proceed. The covenant required by Ordinance No. 2006 -15 was not recorded. Therefore, the RMF3A zoning did not become effective and the entire parcel remains as B2, Community Business District. The current owner wishes to develop a mixed -use project under the TC3, Town Center Neighborhood district regulations. In order to do so, the owner has requested a concurrent amendment to the future land use map to designate the parcel as Town Center to facilitate this request for rezoning to Town Center Neighborhood (TC3) District. Although no formal site plan has been submitted for review by the City, the applicant has presented its preliminary development proposal to the City Commission at the workshop meeting of May 16, 2013. The site plan application ultimately submitted must comply with the TC3 district zoning development criteria which includes provision of residential, non - residential, assisted living use, hotel and indoor or outdoor recreational uses in the Town Center. ANALYSIS Future Land Use Designation Subject Property Properties to the North Properties to the South Properties to the East: Properties to the West: Zoning Business and Office and Medium High Density Residential Business and Office Business and Office Medium High Density Residential Business and Office Subject Property: B2, Community Business District Properties to the North: OP, Office Park District Properties to the South: CF, Community Facilities District Properties to the East: RMF3, Multifamily Medium Density Residential District 3 Properties to the West Existing Land Use Subject property: Properties to the North: Properties to the South Properties to the East: Properties to the West: B2, Community Business District vacant office religious facility and school residential retail plaza Access — The parcel is bounded by NE 207 Street to the north, NE 30 Avenue to the east and NE 29 Avenue to the west. Conformity to City Comprehensive Plan — The proposed zoning amendment will conform to the City Comprehensive Plan upon approval of the concurrent application to amend the future land use map designation on this parcel from Business and Office and Medium High Density Residential to Town Center. The standards for reviewing proposed amendments to the Official Zoning Map, found in Section 31 -77 of the Land Development Regulations, are: 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan provided the City Commission approves an amendment to the land use designation for this parcel from Business and Office and Medium High Density Residential to Town Center. 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses, which are residential to the east and non- residential to the north, south and west. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. The location and size of the property meets the criteria for development of a TC3 zoning district development. 4. Whether or not there are sites available in other areas currently zoned for such use. 4 There are no other sites available in other areas currently zoned for such use. The TC3 zoning district was adopted by the City Commission on October 1, 2013. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. This standard is not applicable to this proposed amendment. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The traffic generation table provided later in this report shows an expected decrease in a.m. peak trips, an increase in p.m. peak trips and an overall increase in daily trips. Based on review of the applicant's traffic generation report by the City's Traffic Engineering Consultant, this increase in daily trips will not adversely affect traffic patterns or congestion provided that the applicant submits, as part of the site plan review process, a detailed Traffic Study that proposes access, circulation, safety and transit improvements to mitigate the expected increased trips. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. A calculation of the impact on population density is shown in the table below. Property I Location Lot Size I Increase in Density Population Factor Overall Increase I in Population------------,I NE 207 Street at 7.391 ac 20 du /ac j 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. on 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 j 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. I� BCRCOW RADGLL & FERNAN DE,Z ZONING, LAND USE AND ENVIRONMENTAL LAW DIRECT LINE 305 -377 -6238 E- MAIL mmarrero(a�brzonmglaw com VIA FACSIMLE AND E -MAIL October 9, 2013 Ms. Joanne Carr Community Development Director City of Aventura 19200 VVest Country Club Drive, 411, Floor Aventura, Florida 33180 Re: Amendment to Official Zoning Map re �%Taterways 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 30th Avenue (the "Property ") to be designated as Town Center in the Future Land Use Map and TC3 in the Zoning hZap. The Applicant recently acquired the Property, which Nvas the subject of prior approvals for City Place at Aventura. The prior project included a mix of residential and commercial uses and remains zoned 132 and RMF3A. The Applicants seeks to develop a true mixed use project, with a focus on some uses that have been identified as desirable uses by the Aventura community. These include a high quality Assisted Living Facility and a commercial recreation, as well as a hotel, retail, office and some residential units. On October 1, 2013, the Cite 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 Citv Commission shall consider when reviewing proposed amendments to City's Official Zoning Map. The Applicant's request addresses each of the standards as follows: Exhibit #1 01- REZ -14 SOUTHEAST FINANCIAL CENTER - 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 - MIAMI, FLORIDA 33131 PHONE. 305.374.5300 - FAX. 305.377.6222 - WWW.BPZONINGLAW.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 Mediurn- 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 Citv 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 Cite 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. ;` Not applicable. (6) The proposed change would adversely affect traffic patterns or congestion. BGRCOW RADGLL & F ERNAN DEZ ZONING, LANG USE ANA ENVIRONMENTAL LAW Ms. Toanne Carr October 3, 2013 Page 3 Upon site plan approval, the Applicant will submit a traffic stuciv, 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 anv adverse impacts to the Citv'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 Propertv. Further, the Applicant intends to incorporate some environmentally friendly elements to the project. (9) Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The development of this long- vacant parcel is only expected to enhance safety and welfare within the surrounding area. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my, direct line at (305) 377 -6238. Sincerely yours, Michael J. Marrero BCRCOW RADELL & FERNAN DEZ ZONING. LAND VSE 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 & 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 Attomey, that the abandoned portion of right of way of NE 207 Street and the abandoned portion of right of way lying south of Waterways Boulevard be preserved as landscaped open space and maintained as such for perpetuity by the owner and that the only structures permitted on this portion of abandoned right of way be Resolution No. 2006 -61 Page 3 public amenities such as paved walkways, benches, fountains, lighting fixtures and trash receptacles. 3. That the applicant dedicate an easement to the agencies having jurisdiction over the existing water and sewer lines in the abandoned portion of NE 207 Street. 4. That the applicant provide to the City the proffered funds as described in the recitals of this Resolution. Section 2. The City Manager is authorized to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall be recorded in the Public Records of Miami- Dade County, Florida, with the petitioner to pay the costs thereof. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by Vice Mayor Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Billy Joel yes Commissioner Bob Diamond yes Commissioner Michael Stem yes Commissioner Harry Holzberg yes Commissioner Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes Resolution No. 2006 -61 Page 4 ATTE PASSED AND ADOPTED this 3d day of October, 2006. • • r.1® APPROVED AS TO LEGAL SUFFICIENCY: "� CITY ATTORNEY This F W-- .. .. q4 Office of the City Clerk this day of , 2006. Exhibit A LEGAL DESCRIPTION: That port ;on cf N.F 206TH Street (Sunset Roulevard) being adjocent to Block 17 a -,d 81ock 18 Hollandale Park No. 8 plot book 20, page 49 Public Records of Miami -Dade County, Florida, lying and being in Section 34, Township 51 South, Range 42 East City of Aventura, Miami -Dude County Flordo 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 (Horvard Avenue as shown on said plot book 20, page 49) for 76 88 feet to the POINT OF BEGINNING of the tract land hereinafter to be described; thence continue NOO'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 cf said block 18, (1) thence southeasterly along a 25.00 foot radius curve leading to the left through a central angle of 88'5537" for an arc of 38.82 feet to a point of tangency; (2) thence S89'52'C3 °E for 559.89 feet to o 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 on arc of 39.71 'eel 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 (D.xie 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 sold 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 31 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 !eft 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 iles in Section 34, - ownship 51 South, Range 42 East, City of Aventura, Miami -Dade County, Florida. - Bearings 'iereon are referred to an assumed value of 589'52'03 "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: hereby certify that this "Sketch of Description" was mode under my responsible charge on February 24, 2004, on eets the Minimum Technical Standards as set forth by the Florida Board of Profession Su ,7eyors and Mappers in Chapter 61G17 -6, Florida Administrative Code, pursuant to Section 47.027, Florido Statutes. FORTIN, LEAVY, SI4ES, INC., LB3653 By: - -- v -J ✓!%! - -- r ---- - - - - -- Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. Drawn By DWF DESCRIPTION, NOTES, & CERTIFICATION Cad. No. 000600 Ref. Dwg. 297D -153 -1 FORTIN, L WAVY, ►SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 180 Northeast I68th. street / North Miami Beech, Florida 33162 Plotted: 2/24/04 Ph. 305 - 653 -4-93 / Fax 305 -651 -7152 WATER � 7 = EXHIBIT „A„ WAYS SOUL EAR p ° 41'1°"•- "-•� C'SNTER OF OF N.E. 207th STREET SECTION 34 -51 -42 — — — — — — — — — — — — — — — — — — — — — — — F = — 1 d / l ( ?6 2 28 29 30 31 32 33 34 35 36 a2 38 39 4C 4� 1 �� W W a0 I> W Q I E- s I (L I HALLANDALE PARK NO 8 1 t 7RAC- ' IQ NI I PLAT 900K 2C PAGE 49 1 1 'JAJRANNA II ui PLAT BOOK 76 Jcry— L-------------------- - - - - -- I -,> Q$ — Q I r-- - - - - -- ---------------- �a) a 12 F �w ( 25 24 2 22 21 2C 19 18 6 14 13 C 9 g Q � �� i C, I A =88 °55'37 =1` I R= 25.00' S89 °52'03 "E I A =91 °00'27" 7 I o L I 4 W 559.69 I R= 25.00' >' r I �L= 38.80' NORTHERLY R;GHT -OE -WO _NE I 8 ° w z `^ Or N E 2061H S1REEI L -39.7 �' 6z 0 vl Z N. E. 206TH STREET (SUNSET BOULEVARD �I N00 °56'26 "W SOUTHERLY RiGN1 -0r -WA1 LNE PLAT BOOK 20, PAGE 49) S00 °52'30 "E ILL OF N 2062" S'REET ±00.02 'I 1 A =88 °59'33" W I I\ �I /� =R=25.00' S ��� E� �% I I R= 25.00' I gI Z d ( 55922 W ;2 L =38 83' I m� a1 .Z (� - A.LANDALE PARK NO. E I I �"� I p7, �I PLAT BOOK 20 PAGE 45 ~ U � al I j� ° lol 28 29 30 31 32 33 34 35 36 37 38 39 40 4 42 'RA T 1. 26 27- -- - - -- -- - - - --J 1 e00K 40 1 W I`a� wl p — +c Muir PEa _r.4� eoa� 2e a..t[ �s — — __ cAGE 9T < O Z P\ - - - -- -- - -- - - - -- —��I I 3� is >g �I N^' `POINT OF COMMENCEMENT i 25 24 2� 22 21 20 19 18 17 16 15 14 13 12 10 g ICI 6 a I v Io L) Cl C11 ICI I X $ all � I 1Z `---------------------- - -� - -- e -- a N -E- 205TH STREET I L - - -- ---- - - - - -- - ------- - - - - -- oN oE=»— r" -1— — N I I THE PROMENADE SHOPS II j 1 PLAT BOOK 133, PAGE 39 II ' I I II I I GRAPHIC SCALE I�TRACT "B" - AVENTURA JEWISH I 1 j I I— 0 50 100 200 � CENTER - PLAT BOOK 147 PAGE 63 I I TRACT 'C' PLAT BOOK N47 PAGE 63 ( 1N FEET) I inch = 100 It Drawn By DWF ,,ad. No. 000600 297D -153 -1 (Plotted: 2/24/04 SKETCH OF DESCRIPTION 1 FORTIN, L EAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 160 Northeast 168th. Street / North Miami Beach, Florida. 33162 Ph. 305 -653 -4493 / Fax 305 -651 -7152 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 M omi —Dade County, Florida, lying and being in the City of Aventu,e and being more particularly described as follows: Begin of the Southwest corner of Lot 26 of sold 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 sod Lot 42 for 102.23 feet to the Northwest corner of sold Lot 42; thence South 89'50'24' East along the South right —of —way line of N.E 207th Street as shown on sold Plot Book 20 of 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 Plot Book 76 at Page 31 of said Public Records of Miami —Dade County, Florida, for 204.46 feet to the Southwest corner of said Lot 8; thence North 89'52'03" West along the North right —of —way line of N.E. 206th Street as shown on said Plat Book 20 of Page 49 for 10.00 feet to the Southeast corner of Lot 9 of said Block 18; thence North 00'5230" West along the East line of said Lot 9, Block 18 for 10223 feet to the Northeast corner of sold 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 Plot 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 Aventurc, Micmi —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 he -eon containing 7,145 square feet, or 0.164 acres, more or less. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch # 297D -153. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on March 29, 2004, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the origiflcl raised seal of a Florida Licensed Surveyor and l topper' eOR L KILB3 -- -- - - -- - -- ------ - - - - -- Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. Dmwn By DW F \ No. 040621 Dwg. 297D-153 Plouod: 9/14/06 10:50o, DESCRIPTION, NOTES 8 CERTIFICATION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUNMER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305- 653 -4493 / Fax 305 -651 -7152 / Email f1s flasurvey.com GRAPHIC SCALE 0 4 B° 160 EXHIBIT "A" N i ( W FEET) 0 1 1 inch = 80 ft R T H I I BISCAYNE WATERWAYS FIRST ADDITION T1 ` 1V t E _ PER PLAT BOOK 126, PAGE 18 q �� ` `` BoUIEVARD aK OF NE 207 STRM 10.00' Qr �ZIY� r Z v b 11MYPR0,1D MOPTN LN[ a 50u'H.CSI T— - -- —_ N.E. 207th STREET SOUTH RIG`IT of -WAY L NE ()F NE 2o- THSTRFET I � !E µ1(Y 20. : PLAT BOOK n PAGE Oy 89'5h 13' 500.01' NoRT EASrco ER OF T s W o Q Q I N O SOUTHWEST CORNER OF LOT 2E NORTH UNE OF LOTS 9 THROUG- 25 24 2T 5 14 2 1� ' ^' ?� I= 9 ' (VQO Q LO o�I O Z,z N N 25 00 �� Mn 261 27 f 25 2 30 3' 32 3- 34 �� 3E 37 ?g 30 40 i 4' ;0 u 0 8 r POINTIOF BEGINNING f SOUTHWEST CORNEF OF LOT 26 / I I o L, SGjT� LINE OF L015 2E THROUGH F; Z & 4 10.00' Qr �ZIY� r Z v IDrawn By DWF Cad No. 040621 Ref Dwg 297D -153 rPlotted 4/1/04 SKETCH OF DESCRIPTION Date b 11MYPR0,1D 89 5 13 500 10' IER P.B. 2' SOUT EAST GG NER of oT.2 � � Q m 3 I � µ1(Y 20. PO 19 : J ^ Q 89'5h 13' 500.01' NoRT EASrco ER OF T s W o Q Q I N O SOUTHWEST CORNER OF LOT 2E NORTH UNE OF LOTS 9 THROUG- 25 24 2T 5 14 2 1� ' ^' ?� I= 9 ' (VQO Q LO o�I O Z,z �I �i �l 0 M N °- off_ OiiL W I 18 AN 0 o �- 7 Z m I L' —+ — s t A = N.E. 206th STREET N89052'03 "W _ 10.00' _ N 8 x4 c NORTH RIGHT OF `NAY AWE OF N. E. 20CTH JTREET W I r— r— T — I PUT BOOM 1 PAGE 41� �� r F- Z;i 26 �8 29 3C 31 32 li 33 34 35 3E 37 38 1 39 40 41 42 - z 3 � Lou IDrawn By DWF Cad No. 040621 Ref Dwg 297D -153 rPlotted 4/1/04 SKETCH OF DESCRIPTION Date FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER. 00003653 ISO Northeast 168th. Street / North Miami Beach, Florida 33162 Phone: 305- 653 -4493 / Fax 305-651-7152! Email fls @flssurvey.com Scale Job. No. Dwg - No Sheet 3/29/04 1 '--- 80 040621 1004 -04B of 3 Exhibit C LEGAL DESCRIPTION: That portion of a 10 foot alley adjacent to Lot & Lot 42, Block 17 Hallandale Pork No. 8 plot book 20, page 49 Public Records of Vomi —bode 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' 1 5 °W along the westerly extension of the southerly line of said Lo'. 1 for 1C.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 plot of Hallandale Park No. 8 for 10.00 feet to the point of beg nn!ng. SURVEYOR'S NOTES: — This site iies in Section 34, Towrshlp 51 Soutn, Range 42 East, City of Aventura. Miami —Dade County, Florida. — Bearings hereon a,e referred to an assumed value of S89'52'03 "E for the north iine of Block 17. — Lands shown hereon were no; 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 squore 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 mode 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 51G17 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. FORTIN, LEAVY, SKILES, INC., LB3653 By: 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, L EAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 160 Northeast 168th. Street / North Miami Beech, Florida. 33162 Ph 305- 653 -4493 / Fax 305 -851 -7152 �, `''� —_ EXHIBIT'wA'RwAys BOULEVARD r/1 1 _ \ CENTER OE ii N.E. 2071h STREET SECTION 34-5 1_42 i ------------------------ -_ — =�\ 1 26 27 26 30 31 32 33 34 35 36 37 38 39 4C 4, 42 IF— n- I I F— Oo C J I 1 1 I I HALEANDA.c =ARK NO 8 I TRAC' I PLAT B00, 20 PAGE 49 I I LAURANNA II J L-------------------- - - - - - J I P PA E 31 76 W r (1 DI ------------------ - - - - -- � I I W I �i1 1 25 24 2_' 22 21 2C 19 18 17 16 1 5 14 13 12 ,1 is 9 I II Z' W' 1 I I �GT - � � T{ Q ` i l \--------------------- - - - --I �--� -�) QI wl N.E. 206TH STR S89 °52'03 "E EET 1 POINT OF BEGINNING I �I SOU?HERL' RIGHT -OF -WAY LINE — NORTHWEST CORNER OF L6 I NORTHEAST CORNER OF LOT 42 m1 — — — — OF N.E. 206tH S�REE7 — — — — — — — — — — — — PUT BOON 20 AaPACE a9 S00 °52'30 -E I N00 °52 30 "W 8 Z% 3221 II 4m gl EASTERLY CNE OF LOT42 2 rl �' I I-AAL' PARK NC 8 N89 °52'27 "W �I o 01 0� w p AT BOCK "[G FAGS 49 i I r a 10.00 26 27 -B 29 30 31, 32 3', 34 35 36 3� 38 39 40 41 42 ° = fi EXi N I N OF THE I Z -U- W7 40 nl �— �— '.0 ♦ll E" P1;F v�A' BOOR iG v�G[ 4�UUIHtNLY :JNE_ PAGE 97 Q zI I I I I 25 24 2� 22 2, 20 9 8 7 6 5 , 4 3 2 C 9 1 I 6 I 11 f of LL1 O {GI I LLJ �I ZI i d I � U zI ICI 7 1 Z I I I °I - -- ) i I N. E. 205TH STREET L- - - - - - - - - - - - - - - - - I I THE PROMENADE SHOPS 11 I I PLAT BOOK 133, PAGE 39 II I I I ( II TRACT "B" - AVENTURA JEWISH 1 -I 0 GRAPHIC 50 100 SCALE 200 i�CENTER - PLAT BOOK 147 PAGE 63 TRACT 'C" I PLAT BOOK 147 PAGE 63 ( IN FEET) 1 inch = 100 ft_ _ I ( Drawn By DWF ,ad. No 000600 Ref. Dwg. 297D -153 -1 Plotted: 2/23/04 I SKETCH OF DESCRIPTION FORTIN, L EAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 160 Northeast 168th. Street / North Miami Beach, Florida. 33162 Ph 305 -653 -4493 / Fax 305 -651 -7152 LEGAL DESCRIPTION: A portion of land bounded by on the North with the North line of Waterways Boulevard the plat thereof, as recorded in Plot Book 'ine of Block 18, HALLANDALE PARK NO 8, at Page 49, all being of the Public Record s City of Aventure and be ng more particularly Wi • 1 ell by a line 81 00 feet South of and parallel or concentric as shown on A�/ENTURA CORPORATE CENTER, according to 158, Page 47, and bounded on the South by the North according to the plot thereof, as recorded in Plot Book 20 of Miami —Dode County, Florida, lying and being in the 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 Plot 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, olso 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 on arc distance of 39.75 to o 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 c 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 c 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 soid East right of way line of NE. 29th Avenue for 104.19 feet to the POINT OF BEGINNING SURVEYOR'S NOTES: — This site Iles {n Section 34, Township 51 South, Range 42 East, City of Aventura, Miami —Dade County, Klorido. — Bearings hereon are referred to an assumed value of S89'50'24 "E for the North line of said Block 18. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Lands shown hereon containing 25,382 square feet, or 0.583 acres, more or less. — Dimensions shown hereon 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 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., LB3653 Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. LEGAL DESCRIPTION Drawn By ACS ( UtSGHIP I IUN, NU I t5, & GLH / /,-/(:A I AXV I Date 5/26/04 - Cad. No 040621-1 F ORTIN, L,EAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street i North Miami Beach, Florida. 33162 Phone: 305- 653 -4493 / Fax 305- 651 -7152 / Email ns@flssurvey_com Scale NO SCALE Ref Dag 297D -153 Job. No 040621 Dwg, No, 1004 -069 -1 Plotled. 6/8/04 3:58p Sheet j of 2 EXHIBIT "A" f 4 AVENTURA CORPORATE CENTER PLAT BOOK 158, PAGE 47 � I A =104 =55'50 R =2500' h �1 Or W''ERIWar Or 'A I, S WE i F ?" cP-- _ W 45.78' i WATERWAY S BO u NOR-11S,- �6 EVgRp xENEI N036 IA =7 °14'56"- -- EAS RISHT'OF I WAY LINE d` NE SDO °5626 "E �9Q40, �� ��R =1519.00' aiO 29TH AV NUE 104,19' L = 192.20' p N.E. 207TH Z STREET N 89 °5024" W 474.99' 27 28 i 29 30 31 32 33 34 35 i 36 37 38 39 43 41 42 ,— ° �- NORTH LINE OF CLOCK 1B A =91 0 02" NT 6r �2s�i�. Q I INANG I �� R =45.0 ! �� I I I I Z C`� JST WES RLY 1 O (� K i 1 8 Z a NoITHwESrcORNER'OF . 4 WESh LINO O75' oCK r8 L W I U Q LGT{ 6, PLONK 18 N b0° 26' W 1 I L N�AIl�FK�O 1—� - �, Q EAST R,�H "T Ov� �y� ��jjLA BB�O (�2Q, P�({/��`G 4$ Q m I WAY 'LINE OF L11 Pb1Nf QT I '� I � I � < M N E. 29TH AVENUE Z � fU,2T M EN(y`E'A•'���NTI — S Sr CDRN EIR OF I I 7 L 6, LOCK 18 ( _ � < j 25 24 1 23 1 22 1 21 1 20 119 �18 17 �16 � 15 14 � 13 � 1 �— 19� 8 1 10 I N N —� N. E. 206TH STREET R - z( H TTI -TTTI ITTTIT'I _�� GRAPHIC SCALE Ij� (Ij� I I I 2 p 50 100 200 I p L I O W K I 1 (7 -- 30 131 � 32 133 134 135 136 �� 37 138 I39 140 I41 142 I I— -- ( IN FEET ) 1 inch = 100 ft SKETCH TO ACCOMPANY LEGAL DESCRIPTION W D Z w Q 0 n w z prawn By ACS llate 5/2604 cad No 040621 -1 FoRTfN 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 mflssurvey.com le 1° = 100' b No. 040621 rD"g,No Ref. Dwg 297 -153 1 004 -069 -1 eet 2 of 2 Plotted: 618 04 3:58p BRV��,ARll COUNT -i - • Tai° r9l VT a -i Ti, - - — c . ru_. :F DR :■ YACHT_ L' ■ t a��oR ■ —' V, Ay _ ��r��E i " Subject Site �s ■ — ;■ _"cvi - ■ C ;. r z�> �� ■ Library ■ �� '. Al v / � f ,� or ;. �Glevri C 'er d sI X - - -= ;A= 1f!n 17`0 PONCE DE LEO B'= �ULEVAkO, CORAL GABLES, FLORIDA 33134 ±OS 447 -09M • FAx 365 444 -4986 • EV.AIL DPADF LUMMER,COP!, October 28, 2013 Mr. Victor Ballestas lnteura Solutions 150 NE 2 °d Avenue. Suite 701 'Miami. FL 33133 Phone: 305- 774 -0110 ?Mobile: 305 -773 -5896 E -mail: vb aAntegrafl.com RE: ParkSquare Aventura Traffic EnQineeriny, Services - #13114 Dear Mr. Ballestas. The ParkSquare Aventura project is located on the south side of Waterwa% s Boulevard between NE 291' and NE 30`r 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 01- REZ -14 Pa P° �ORAI GARI FS • FOR? VYFRS -Mr. Victor Ballestas RE: ParkSguare Av entura Traffic Engineerinp, Services - 413114 Page Exhibit 2 Proposed Development Program Land Use Size Specialty Retail 34,429 Square Feet of Gross Floor Area Quality Restaurant `'1,516 SF GFA of Gross Floor Area Office 151.601 Square- Feet of Gross Floor Area Hotel 2' 3 0 Rooms Apartment 145 Dwelling Units Assisted Living Facilitv 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 Hanual, 91h Edition, and obtained using the TripGen 2013 software. Worksheets are provided in AttachmentA. 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 - bv as trips "attracted from tra fc 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. �k review of transit availability in the vicinity of the project site indicates that several transit routes serve the area within l mile. A 5% deduction for mode split was used to consider other modes of transportation. Adjustments made to the trip generation estimates obtained using ITE trip generation rates COFAL GA6LF5 • F,�G? '+ ^DYERS Mr. Victor Ballestas RE: ParkSquare Aventura Traffic Engineering Services - #13114 Paae 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 ge.nerationlinternalization Nvorksheets are included in Attachment A. Exhibit 3 Project Trip Generation Summary Scenario Weekday AM Peak Hour Vehicle Trips Weekday PM Peak Hour Vehicle Trips ApproN -ed 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 A_ I peak hours from the previously approved land use plan. An increase is anticipated on a dally basis and PM peak hour. Based on this, it can be concluded that the proposed uses will have no additional impact to the adjacent road" av 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. /Espila, PE Vice- President — Transportation Attachments �v ,13`13] 14`tgen oct 28 20L'p3rksquare aventura trip generation comparison letter_october 28 2013.docx CORAL GABLES • FORI'�Y'ERS IN W U Q C �p O 7 10 > C n Q U F Z a;z y� o U n n Q 3 - � O a 0 - m n I "r i I i i I � I E c o _ I a i t i I � m G � 6 O ° C 0 0 a rT o�l it i it E � - u a i r a O a = O - a N T t n♦ C � a all � � I m i C C m C C H ST g � • E x � � ja :. Cc N O 2 O. d � W 0 O � F ao U ' ~Z N Z N O � Q O a Q � a a a o = _ on I i o c n a l n �I s I i c E i n i a o a - a s, 'y 0: •x' y b n d V � I 3 ap' cep CC' o N b • � C£ O C= o � e J C � c sQ 9 9 9a9;"9 F 8 � •e C a g F• E � Y W J� w .o C- o o,• R Ke w m n= 9 Z E u a � �Q� � c Summary of Multi -Cse Trip Generation leverage Weeki"- Driveway Volumes (Ur.ad;,usted for Internal Trips; prowect: Park Square Aven�iura L.pprcved Project Open Date: e: Analys's Date: Description: 24 Hour AM Pk Hour PM Pk Hour Two -Wa,,, ITE:Land ;se Volume Enter Exit Enter Exit 710: General Office B _lding 1?lE 223 40 198 42.248 Th. Sq. Ft GFA [E] 912. Drive -in Bank 729 34 25 6C 60 4.923 Th.Sq.Ft. ?FA!R] 826: Spec.alty Retail Cen--er 0 21 26 17.393 Th.Sq.F`. GFA [R] 310: rioted 1FIR 61 44 61 58 98 Rooms [R] 937: Coffee /Donut Snop with Drive -Thru 8I. 51 49 21 21 .992 Th.Sq.Ft. GFA ,R] 437: Bowing Alley 50- 34 22 - 10 18 Bcwlir:g Lanes [F.] 220: Apartments 69: 10 43 42 22 V4 Dwelling Units ,R] Toga_ Driveway ','c_-uTe E93E 413 214 262 395 Tctal Peak Hour Pass -By Trips _ 0 2S 28 Total Peak Hour J._. Added to Adjacent Streets 413 2:4 234 367 Note: A zero indicates no data available. Source: Institute cf Transportation Engineers Trip Generation Manual, 9th Edition, 2012 T3IP GENERATION 2013, TRAFFICWA_ E, LLC Summary of multi--_-se Trip Generation verage Weekday Driveway Volumes IInadjusted for Internal Trips` - - 4ect: Park Square L.ventura - Proposed Project Open Date: Analysis Date: Description: 24 Hour AM Pk Hour PM Pk Hour Two -Way Volume Enter Exit Enter Exit ITE:'and Use 826: Specialty Retail Center - 52� - 0 2 41 52 34.429 Th.Sq.Ft. GFA ;R) 0 G 53 931. rnn Qua1_ty Restau.. °=_ _08 21.56 Th.Sq.Ft. GFA jR] 42 2C6 710: General Office 3 ildir_g i8�1 235 32 151.cG1 Th.Sq_Ft. CFA [E] 71 67 18 71 __ 310: Hotel 230 Rooms [R] 9J4 1S _ _ 9 58 32 220: Apartments 145 :welling Unks : ] 18 10 2C 24 254: Assisted Living 5La in Beds [R] Total Driveway Volume 8E�4 339 152 340 434 Tcta- Peak 'ricer Pass -By Trips C 0 48 23 Total Peak Hour `.'ol. Added to Adjacent Streets 339 -52 292 Oil Ncte: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation_ Manual, 9th Edition, 2 _'12 TRIP GENERATION 2013, TRAFFICWARE, LLC -,Pperintendent 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(cDbrzoni ng law. com Miami -Dade County School Board Pena Tabares 1-iantman, Chair Dr. Martin Karp, Vice Chair Dr Dorothy Bendross- Mindingall Susie V Castillo Carlos L. Curbelo Dr. Lawrence S. Feldman Dr. Wilbert "Tee" Holloway Dr. Marta Perez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS WATERWAYS TOWN CENTER — No. 01- CPA -14 LOCATED AT NE 207 STREET AT NE 30 AVENUE, AVENTURA, FLORIDA PH2813100400889 — FOLIO No.: 2812340064610 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami -Dade County, the above - referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review) for informational purposes only. As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 147 multi - family units, which generate 26 students; 12 elementary, 7 middle and 7 senior high students. At this time, all three school levels have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to p ntact 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 S i n c y *M Rod / Di rector II Exhibit #5 C1- REZ -14 Facilities Planning, Design and Sustainability Ana Rico- Conde, AICP, Deputy Chief Facilities and Eco- Sustainability Officer 1450 N E. 2nd Ave. • Suite 525 - Miami, FL 33132 305 - 995 -7285 - 305- 995 -4760 (FAX) - arijo @dadeschools.net 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): Aventura 10/4/2013 3:27:27 PM LG Application Number: 01-CPA -14 Public Hearing Sub Type: Land Use Waterways Town Center NE 207 Street at NE 30 Avenue, Aventura 2812340064610 147 0 0 147 :231 ]231 AVENTURA WATERWAYS K -8 CENTER Current CSA Five 0 12 0 iNO j (ELEM COMP) I Year Plan !232 1 !AVEN� TURA WATERWAYS K -8 CENTER -11 10 ENO CSA (MID COMP) ,7 !Current 1 1232 AVENTURA WATERWAYS K -8 CENTER 17 !0 NO Current CSA Five (MID COMP) IO lYear Plan .6241 HIGHLAND OAKS MIDDLE -5 �7 !0 NO Current CSA 6241 HIGHLAND OAKS MIDDLE 0 7 10 !NO [Year , urrent CSA Five Plan ]7141 1 D MICHAEL M KROP SENIOR � -284 17 !0 !NO ]Current CSA 7141 DR MICHAEL M KROP SENIOR 0 7 Current CSA Five I I j �0 INO Year Plan I2441 VIRGINIA A BOONE HIGHLAND OAKS 35 �12 112 YES Adjacent CSA d ELEMENTARY 6�DOVER MIDDLE 140 7 7 YES Adjacent CSA ]7381 ,MIAMI NORLAND SENIOR 1560 17 ;,7 IYES jAdjacent CSA i *An Impact reduction of 19.511/6 included for charter and magnet schools (Schools of Choice). i DCPS has conducted a preliminary public school concurrency review of this application; please see results bove. A final determination of public school concurrency and capacity reservation will be made at the time of pproval 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 4 r ••�` , ,rrS. aI'I r ,`,'�;f i ,j6)(2)Ily of ihP, 4y o` Alf crllwla Lahr' Devolop-Pn �� �ified Th( ,in(le p a��! �r.eed repreu ^tai ve of !4e kid vi ^,uai of e ,tiny 1, the Da,velopme� F r,:! which is ne accoi pany;nR 1 t'ir prnperty subjec! 1,;'I t hv'eby lists and IOr nUrles ai' , «n�s npros rV;�y (F IJIVITi'll or e.nlity vrT (nr ii ,e Dr:d -ir�I Pe alt in ror e, lion wII, D'e appIi�a!0,, 35 `oliorr, Na; .rl ° C_ GCYh� Relab011Ship i e At!omeys, Archie` cLi, Landscape ArCrilecfs. Engineers Lobbyist;. EtC.; __ . - � ry i \ J_ _ (Aria-,h Ald tonal Shee!s if t,iecessa } ) ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR EN11TY APPLYING FOR THE DEVELOPMENT PER7IT AND THE OWNER OF THE SI,IB.JECT PROPERTY, APPLICANTS AND AFFiANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUAN T TO SEC, 31- 71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE. IN THE EVENT 111A I PRi ;R TO CONSIDERATION OF THE APPLICA'I "ION By THE CITY BOARD OR COMMISSION, THE INFORMAIION PROVIDE N HF AFFIDAVIT BECOMES INCORRECT OR INCOMPLE rt1r ",� , THIS i- DA4 ;� 1 "? OF A.PPt ,s I ru_mr1 L. 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Btpi:M'SS ReiWrOc:S I I 1� w:p) w)i, fi 'A, (f, be I0 the CAy ( fp Al whirr; ,lie ANhrMkW1 W]; t* (JC1SC1Wed Aff,,J.I( re'eby 1tiOfJW-t ihoi 16l" 1) L, .1 1:wiLss Rn;atscil,shl( wotb i3 t,dv,so B.Jafd 10 wi�:,ck the R�vl�i,-al,m%i VV 1r0 ow, lk gy (Lis', nanie (A Cammasore, of t"dvrv.1y vtv) Pfvc.s q!, p-'s or ",,Iy pdvlSt Lk)a'd sc!vog) The lWre of !hl, Rolalmwshsp fs 16kWs Momb• [ of wily Comimsslori Dr BWO hoo') a11 owicf,"'f, mwe- of �slock of AnphwC of or Board 1e a I;urine,, co sil,,yehokic', )s 11) sh-a"(,% of a Pfr (10( ,Wwl ore any limolial nr rNK)Oal strx* tlx(,hw�Je) 0! 1001 vAlitiver w Ili the AtnYf fn pr t2eureseauatroe in any business veillim'. it ThE Aprl'caii N a Cleo ol a Ci!y Mod or a u'llefi! of aiiotj(jl FYoleWolfd wDrkolq f(crip lie same ofkp �) Icf Me same (impinypr as the rnf�fbaf ')! Ole ("Ry Cor'lfwvocl, Boom A ,ity or Boxf] oip:10w is a Client J iim 11io Apfik.aint Lr. Representative 1"', a of the molnlr)of of the ('.Iy (,om,,)uwr)rl (Y &-iafo (o, or tls u 4of emlaoycr) and troriwls mare ihar TIG.Dlyj X� of INa bimom of lt)s q1P,&A7f of 01(t (",4 CF,tiirfllssr iq of Board {0, na or hc, nfiifgoynv) in h (pVC11 cats dar year mcirbef of the city Commissool D 800rd is a Costo(ller of the Apph,,rifot a Repre9 tlahvr, and hansa 1s Ly (i 1�r, 22,9,000 00 of the husin(,ss of 1,;C, Apo scant ()r Rapt(j�,onl,1tivQ V. ji, yor, cj)j!�,d, yuit T N 5 ,�S MY -1AND T"HiS DAY OF Z>c r 22, 13 (PoW) J,';TNESS MY HAND THIS DAY (f PROPERTY (,,WNEf' , By Name 1i If 8 --1----- , rho !efnl-, ajvrless S000n 2 395 of the A vvidute Cily Code NOT RZATI NPR WAY, ld'i� W4 Ncltafy Pub(;, Stalt- ul Susan P Kav Fr brrx Cu of Fi�,,ioa Aaj re mmisfior, CE 14LI a, Expires 0410612016 'P''Nod N80,P "),Nll i)f MIAMI ;W' [14 l'm f"P w, A'I'vl Ina, At I !AN' JAj Of "R`)r Pi;rA,' ',lW6 Of flolit"Ji A4 1,p7qp N?Ant tj Atfyjav to l! 'p 5"O"`5as 'wpo a tint it g uj(, 010 <'.'Yqq'l ArT A-WT 'Woplk R) AWC' No4w Pubil, Slott r" f Lf"ll AI uirqc "I;rlimd Nou)',f o'l,re% ORJ 0A MIANAl ;lF'ftTC m Ar'n'll wrx'; bmny hrst t" 1',r, duly AH0fA,,! fi 11,e purrY, ,els StRUIC Vwiolh nInJ MAI d Ifu•t j,id rwvc,l AF / IANT TO ANf) dny ol N'Aary 1'tU4C Snib of T 01,W At rage f'nnied N-*,ie of My C1,JT1frl�",joll OXPIiIn6 0AY o� { %RE`EN7 UEisines Re �!�rgi�f�hffidaun fit F'sJN + =AJy S K4 L-41 5 a, M;ii:'f: j1�irY fiy - _ -- - _ ._ iJ)rs3f�7u•i Yc -- - - -- (1'rR f F= By Name T'li8 � "✓;; r i' 1 r<IB- l('i mill Toe ZIIiQ (1',gtU NOTE t) Use dupb S sheets if disOMW e ofom Don Or Kep +emauve varies 0 4p(,Iii= rind AMew are ad,Ad w timer- s"a mcm this Afi}davir fnirsuaitt io Set. iI- 71(b11_')fiv) �7r the r:'ii�'s t.and C)rvr!ofmcnt Ftegutatians iq A Cur Cnde_ in the evem ihai prior io Ci9nsidCmion of fhr af�plfcatiCa� h} 0w Cifp Board or iomfiiissimi, flrc inlufnnalion provide49 in the Aflldavit hCC«rr,c5 inc ect of �n;:<nripleie. WITNESS MY HANG THI`',;'` DAY OF� _r,4- c fo�3 REP17E_SE 4T VE r d on 13us ness Reialionshtp Affidavit) G_- 8� nrae,d �tCi� yf Rv�/�_.(G Nnll Name / >rrar,i TiP,e �� O'ruu/ Vile 1l�nn11 By- fume I /- 'Witte e (Pnoti The l- rirll,l BY _._ _...- ---- (tir�t?<ffur('1 ©y -- __ r5igndhnc Name __._- _..._(Vow) Title Title BY By ' itle _ - -- — ----- (Pnnl) Title. 7,0e - �..�(('rrn!% Tltte By - - iSiyn tur'�'% By True - - - -- -- -- lPrrrd/ Title. -- - --- -(Pn»U Tire _ (Powl Ttlle Prrui EY _. . (S( 1TFdtr!P ) B Title ( /'non) Title, lit la, _...,(l' /urf) Title If'iu?lJ NOTE 1) Use duplicate sheets if disclosure information for Representative varies 'I Apphcanu and Affraotti arr advised to timely supptcmcnt this Affoavit pursuant In Sec.. a1- 7I(b)1Ii(iv) of the Cii�'s Land C)8�- vclapment Kegulalions io the City CNIt, in the event that prim to consideration of the appliceuon b the Cily Boartf or Commission, Ihr int trinmicm provided in the AWdsvil becume� innurect or na?n,plele. NQTARIZATiQN__QVjSl( N SrAr[ orrior�loA ; - / A•� pc .11A'd hr) /' / Iclrre n e np undelslgned akd4only, pe':wlty appea(ed �/ 110A /1_ Y� K Ir0 Ple Akan{- whu t�e;y., fi6ly,,'/ IQ f SwD�n' (IrG S pnr ql aH�nn tlla( YK;�'ch cl IN6 Alf.wW 1/ 'Iw OwpnCNR Stal'd o1wen, e�:d tho, i( IL IP.)A alsd mlef,I / i ��li ......._. " ROSARIQ R. OEai i' Notary ik •StAF aNlr winz ^, u;ANL londe0 Thrkslon Eaqh NNfoa Pubur Mete of FlOnda gn �J Printed Name Of Notmy My nomm!sslm opues S7t-li Of- FI_r1RIDA .,C)ONT" Of MIAMIOAt), ifr)Inrs+ n,e II e AUAhOOIY VeWYmlly acp0lEd Ole 0,3An who b0l 1R hml by me duly swan Jul �rWCa a n!furc Ihnl he,N,l>e e,0antx- INS Alwavl N I w I:uqu)1 e- Sstaled IhO'tan end INaI it Is Ilue elw correct AFPIANI _. SWO'fN !( ; AND SUM(RMIJ)tn(oreweIN, _.doY01 -200 Notary Public Stela e1 F k nav At Large Pnnfed NAme D! NrAAry My cmrmissiDn nrp,red (1f IIOR& I C011N1Y Of MIAI.t r)Apl'r fir'(Urr' InH, A Ii II�JfMSYyYIp!d fluL�101 ty, pALSO Ua ?.Y Dp(IQale(! _ _ ... ,._ bte ANard, mm boor q 1151 by 516 (Icily SWCVn, (Jld weii1 Q, aihrm thal I10sl* "oc,,.cd Ih!c Alfdarl lO Oqe Dv,peens Il(nleln and Ihill it Is trua and o rmt AGfIANT -� Ss1'OBN ?0 AW, SUBSf,R EIL D b(*e one hs Joy Of 20U_ NWOry Public Slale or Ftmda At Leryn Pooled Nwoo of Nowy My comrns,lm &pies:. -.. GOl1NT" Of MIAIA{ LM,I%F H nIOT(; ire, the IlocefylglK'd all p10rify, IleIS<InBtty ll' led .._.._ _. (hP ARafif, Wt)() beiling fast by n10 doly %wnln did 6,yo; (Y flnlrin. v)W 110/9le e1 ecutwJ this 09*1I 4)Une pv pries SlatOd Ihurmn and OW It i5 t+uo and (Yr (ect SWORIJ TO AND ; JHSCiUBEJ) hof0!n rrg,, _ day of 200 AFFIANT Nolery PUbrM Slale 01 F ioida Af la ge Printed i4" Oi NOL)N My canlnsslal oprtNs. 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Ordinance No. 2014 - Page 3 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. Disclaimer and Condition. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, Ordinance No. 2014 - Page 4 as amended. Section 5. Effective Date. This Ordinance shall be effective immediately upon the completion of both of the following: (1) the effective date of the small scale 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 Luz Weinberg, who moved its adoption on first reading. This motion was seconded by Commissioner Cohen and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Howard Weinberg yes Mayor Susan Gottlieb absent The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading Commissioner This motion was seconded by 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 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 February, 2014. CITY CLERK LEGAL DESCRIPTION: Lots %through 42, B;oc 18, HALLANDALE PARK No 8, including the ten i 10) foot alle that are South o` a line 8L00 feet South of and parallel; concentric with the North ys 'ugh '—of —way line Of Waterways Boulevard, lying within said Block 18, according to the Plat thereof, as recorded in Plat Book 20 of Page 49 of the Public Records of Miami —Dade County, Florida, ANE Tea -a 1, LAURANN^ according to the Plat thereof, as recorded in Plat Book 76 at page 31 f e Public Rec- ds of Miami —Dade County, Florida. F r ion of land t`_ ended by on the North by p line 81 .00 feet Sou *h of and parallel or con _-entric with the North line of Waterways Boulevard as shown on A'IENTURA CORPORATE Er4_ER, according to the plat thereof, as recorded in Plat Book 158, Page 4 -7, and bounded 2n the South by the North line of Blrlck 18, HALLANDALE PARK NO 8, according to the plat thereof, as recoraed in Plat Book 21C) at Page 49, all being of the Public Records of Marni —Dade Count, Florida, lying and being in the Cihv of Aventura and being more ,ar?cuiarly described as follows: orrmence at the southwest corner -f Lot 26, of said Block 18: thence N00'56'_?i along the East right of wav line of NE 29th Avenue as shown on said Plat Book 20 at Page 49, Disc 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 beinq the POINT OF BEGINNING of the hereinafter decribed parcel ' of land; thence Northeasterly along a 25.00 foot radius curve, ending to the right, through a central angle of 91'06 02 for on a -c distance of 39.75 to c 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 Boulevord, (1) thence Northwesterly along a 1 51 9.00 foot radius curve - leading to the right, thr_,ugh a central angle of 07'14'58" for an arc distance of 19220 feet to a point of tangency; (2) then_e N76'00'36 "W for 290.40 feet to a point of curvature; thence Southwesterly alonq a 25.00 foot radius curve, leading to the left, through a central angle of 104'55'50" for on 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 riqht —of —way line of N.E_ 30th Avenue (East Dixie Highway) and bounded on the West by the East riqht —of —way line of N_E. 29th Avenue (Harvard Avenue), all beinq as shown on HALLANDALE PARK ND. 8, according to the Plat thereof, as recorded in Plat Book 20 of 'aqe 49 of the Public Records of Miami —Dade County, Florida. Exhibit "A" LEGAL DESCRIPTION (Continuation): Lots 1, 2, 6, 7, 8, 9, 11, 24, 25, 26 and 27, Block 17, HALLANDALE PARK No. 8, according to the Plat thereof, as recorded in Plet 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 ',� of the adjacent portion of vacated N.E 206th Street on North, and a portion of a 1 D 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 1', 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 MiamDade County, Florida M �ots 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. 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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 - PUBLIC HEARING - FEB. 4, 2014 CAVIAR & MORE MIAMI INC. - 04 -CU -14 in the XXXX Court, was published in said newspaper in the issues of 01/22/2014 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 advertisement r publication in the said newspaper. Sworn to and subscrlfd before (SEAL) M. ZALDIVAR personally known to me " " "• B. THOMAS Notary Public -State of Florida • My Comm. Expires Nov 2, 2017 Commission # FF 034747 Bonded Through National Notary Assn CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, February 4, 2014 6:00 p.m. Applicant Name /Number: Caviar & More Miami Inc. 04 -CU -14 Applicant Request: Modification to Conditional Use Approval Resolution No. 2008 -24 to extend service and sale of wine and champagne to table seating at the Caviar & More kiosk in the Aventura Mall, to modify certain conditions of the Resolution and to delete certain conditions of the Resolution Location of Subject Property: 19501 Biscayne Boulevard, City of Aventura Legal Description: Tract R & Part of Tract Q, Aventura 6th Addition, according to the plat thereof recorded in Plat Book 120, Page 20, of the Public Records of Miami -Dade County, City of Aventura, Florida (complete legal description available at the Community Development Department) 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 1/22 14- 3- 248/2219147M 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 - PUBLIC HEARING - FEB. 4, 2014 PIACERE NEWS & CAFE CORP. - 03 -CU -14 in the XXXX Court, was published in said newspaper in the issues of 01/22/2014 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 advertise or publication in the said newspaper. a 71 Sworn to and sub6a fbed before 22 vrh# 6 _J_^UARY / , A. D/ 2014 (SEAL) M. ZALDIVAR personally known to me B. THOMAS �Sy.0.Y pUBI �'i Notary Public - State of Florida ?. ; ; • My Comm. Expires Nov 2, 2017 Commission # FF 034747 F OF tS'a`• Bonded Through National Notary Assn. CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, February 4, 2014 6:00 p.m. Applicant Name /Number: Piacere News & Cafe Corp. 03 -CU -14 Applicant Request: Conditional Use Approval to permit sale and service of beer, wine and champagne from the Piacere News & Cafe kiosk at the Aventura Mall Location of Subject Property: 19501 Biscayne Boulevard, City of Aventura Legal Description: Tract R & Part of Tract Q, Aventura 6th Addition, according to the plat thereof recorded in Plat Book 120, Page 20, of the Public Records of Miami - Dade County, City of Aventura, Florida (complete legal description available at the Community Development Department) 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 1/22 14- 3- 249/2219149M 6B WEDNESDAY, JANUARY 22, 2014 LOCAL & STATE MiamiHerald.com I MIAMI HERALD LEGISLATURE 2014 Floridians in the coverage gap Redofor Medicaid expansion f edgsl- state federal -state health insurance plan for the poor ai will leave 4.8 rl adults in the country In a "coverage gap." Such people earn less than the federal poverty level, so they BY TIA MITCHELL free up $300 million ul state 'That `Aledic'uidl money would do mum aren't engible for tax credits, and they earn too much to AND KATHLEEN McGRCRY money to buy basic cover- Herald -� 1- auaiassre bureau Than provide healthcare coveraya for so age for 130,000Inw- income qualify for Medicaid without the expansion. TALLAHASSEE — The nail' Florfdl r esidents. Percent of State's nonelderiy Number In debate over Medicaid ex- The session ended in —State Sen. Rene Garcia, R -H a Cara s adults In coverage pap Coverage gap pansion will return to the stalemate. Louisiana 9.0% 242 K Florida Legislature this year, Alter lawmakers resumed s Mississippi 8.1% 138 K thanks to a state senator the proposal. He noted that Garcia said he was start- to thew districts, Democrats "Hope- Georgia 6.9% 409K from Hialeah, eight states with either Re- ing to build support. tried to pressure Scott to call Republican state Sen. publican governors or Re- fully, we can get Senate lea- a special session on the is- Montana 6.9% 40 K Rene Garcia on Tuesday publican -led legislatures dership on board as they sue. Scott refused. South Carolina 68% 194 K filed a proposal seeking to had agreed to Medicaid ex- were last year;' he said. The federal government Florida 6.7% � 764 K use federal Medicaid expan- pansion. But state Sen. Joe Negron, has said it is not too late for Texas 6.7% 7,046 K on dollars to buy private Despite the pressure, the who chars the powerful Ap- Florida to accept the money. Alabama 6.5% 191 K insurance policies for poor House isn't likely to budge. propriations Committee Garcia files his bill as Be- Oklahoma 6.5% 144 K Floridians. "1 like the House's free- and filed the Medicaid ex- publicans statewide workto Idaho 6.2% 55 K The bill mirrors one that market approach to health- pansion bill last year, said he win support from Hispanic North Carolina 5.6% 319 K won unanimous support in c e;' House Speaker Will wasn't sure how far Garcia's voters in advance ofthe 2014 Missouri 5.4% 193K the Senate last year, and had Weatherford said Tuesday, proposals would get. elections. South Dakota 5.1% 25 K the backing of Republican reiterating his position from "Sometimes differences Garcia's Senate district Indiana 4.9% 182 K Gov. Rick Scott. It died in last year. intractable that de- includes thousands, folder- the m conservative Weatherford, a Wesley spite everyone's best ef- ly Hispanic residents. Many Wyoming 4.9% 17 K House, where all but one Be- Chapel Republican, has said forts, the distance is just too of them support Medicaid Kansas 4.8% 70 K publicans voted to support a he wants to see the Legisla- far," said Negron, R- Stuart. expansion, he said. Tennessee 4.2% 162 K rival plan that rejected $51 lure focus on other health Still, Negmn commendMiami -Dade commended "In Mia County, Alaska 4.0% 17 K billion in federal funding. Garcia for filing the bill this would help huge nom- c Virginia 3.9% 191 K Tuesday, Garcia said it He re centlyreatedaspe- "I applaud his effort to bersofpeoplewhoareunin- Utah 3.6% 58 K would be "irresponsible" to cis] committee to address keep this important discus- sured and don't qualify for Pennsylvania 3.6% 281 K 1 leave those dollars on the health c workforce son alive," he said. traditional Medicaid be New Hampshire 32% 26 K table. needs. The group is expect- Medicaid expansion was cause they make too much Nebraska 3.0% 33 K "That money would do bid to consider providing o e of the most closely m ney;'hesaid."A, least ft' Maine 2.9% 24 K re than provide health- more independence for watched debates during the the next couple ofye —, we Pu, 'average for so many highly trained nurses, in- 2013 legislative session and can try to get these people o•raxx...e, is ixeaa I— Floridian " he aid. "It crea,irg thenumber of drew national attention insured, and get them to the would be an evanchnic stim- medical students who 9. in- The Senate plan could doctors for primary and pre- eMw'ei.e«i „wa zmz ulus package for the entire to primary one and regular- have brought extended ventative care" iuuo�rlxuxuxixrnuosr4Tl state." ing virtual doctor visits. health care coverage to an Garcia urged the lower Even in the more- moder- estimated L million Fill- Contact Kathleen chamber to "put aside pxrti- ate Senate, Garoia's pboi idins. But House Republi- McGmry at kmcgmry@ sun politics" and consider at isn't guaranteed success. cans insisted on a plan to MiamiHeroldcom 4"P.-I 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 City Commission of the Crt of AvenN will consider Ne following Ord,owk es for adoption after second reading at pubic hearings to be held on Tuesday, February 4, M14 at 6:00 I :— AN ORDINANCE OF THE CITY OF AVENll 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 HE 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 W 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 10, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. ase map below for property location) AND AN ORDINANCE OF THE CRY OF AVEWURA 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 NE 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 "H3fft The Public Hearings will be held in the City Commission Chamber M CRY, of Aventura Government Center, 19200 West Country Club Drive, Aventura, Fill"i MIN The proposed Ordinances may be inspected by [he public at the 0m of 'he Cit y Clerk at me above address .Interested Pare. may appear at the Public Hearings and be heard with respect to the proposed Ordinances. cordanoe w,in the Americans wrth Disabiines Alt of 1:9o, all persons who era disabled and who need special modations to participate in this proceeding because of the disability should confatt me Ofine of Ne City Clerk, (305) 466 -8901. not later than two business days ono, to such proceedings. If a person decides to appeal any decision made by the Ciry Commission wrth respect to any matter ronsidered at meeting or hearing, Nat per.0, - ill need a record of tfle proceedings and, for such purpose, may need to ensure that verbatim record of the proceedings is made, which record k rwdes the testimony and evidence upon which the appeal is to be basso. Teresa M. Soroka. MMC. Cry Clerk . EGISLATURE 2014 Film revisits alimony reform Y KATHLEEN McGRORY et' WT,mes lallaha«ee b.,rea,. TALLAHASSEE — The :cphyrhills Cinema 10 is ,laying more than Oscar contenders and popcorn licks this week. Also on the marquee: an lbscure documentary about Jimony. "Divorce Corp. has just well at the theater!" the ul- lependent movie house rumpeted on Facebook this nontlL "This documentary incovers how children are roform thew homes, ur i- nsed custody evaluators xtort money, and abusive edges play God with peo- ple's lives while enriching their friends." The screenings, sched- uled through Thursday, are part of an aggressive push to change Florida's alimony laws. The laws were nearly verhaul ed last year, when the state House and Senate passed a controversial pro- pe sal to end permanent ali- mony 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 ali- mony reform before the ses- sion begins, president Alan 1 ,,` CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS Public Notice ,s hereby given that the Aventura City Commission, sating as the Chy of Aventura Local Planning Agency, wil meet in a public hearing on Tuesday, February 4, 2014 at 6;00 p.m. to c n,id,, a motion recommending adoption of the rbIlvalg Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31 -144 "BUSINESS ZONING DISTRICTS" OF THE CRY'S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31- 1 e4(C)SI 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 APARKING STRUCTUREANDWHICN MAY BE USED BY CRY 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. �rrmi following the Local Planning Agency meeting. me City Commission of the City of Aventura, as me governing baby, will tonsder at a pubis hearing, as first reading, adoption of he above oescnbed Ordinance and will again consider .dopuon of Ne above described Ordinance, ontl and anal reading, at a pubic hearing on Tuesday, March 4, M14 at 6:00 p.m. The above described Public Heanngs will be held in me CTy Commission Chamber at City of Aventura Government Center. 1920, West Country Club Drive, Aventura. Florida, 33180. The proposed Ordinance may be inspected by the public at the Olhce of the City Clerk, 192DO West Country Club Drive. Aventura, Florida. Interested parties may appear at the Pubic Hearings and be heard with respect to the proposal Ordinance. In accordant¢ wnh the Amencans with Disabilities Act of 1990, all persons wno are disabled and who need special modations to paniapate in Nis proceeding because If that disabiity should contact the Office of the City Cis *. (305) 466 -8901, not later than two business days prior to 13th proceedings. It a person decides to appeal any decision made by the City Commission. as Local Planning Agency or as the governing body, In respect to any matter considered at a meeting or hearing, that person will need a necold of the proceedings and for such purpose, may need to ensure that a verbatim cord of Ina proceedings is made, which record includes the testimony and evidence upon wh,cn the appeal is to be based. Teresa M. Slick, MMC, City Clerk Frisher said. In July Frisher published his 737 -page book called Di- coming the System Exposing the fn justice of Family Law. one month later, he held an alimony- reform summit that drew more than 300 people to Orlando. The Divorce Corp., ther way to engage the public, Finisher said "We're trying to educate people that reform is abso- lately necessary;' he said. "People are getting hurt by the system. We have to do meshing about if." Still, Frisher and Family Law Reform are likely to en- ante, strong opposition in Tallahassee. "It will still be controver- sial," said women's rights lobbyist Barbara De Vane, who opposed last year's at- tem m pt to revamp the =, ny laws. "If there is anything that will hum women and children, we will fight it." In addition to ending per - em alimony, the 2013 alimony bill sought to cap payments based on salary and length of marriage. Some of its provisions would have been retroac- tive, giving the courts au- thority to modify existing arrangement, between for- ber spouses. The proposal prompted e of the most emotionally charged debates of the 2013 session. Men (and a handful of alimen) told stories about mony 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 retroac- tive pro might be un- nstiwtionalsbeouse cou- ples had divided up propr- ty and assets with the expectation of alimony pay- ments. Scott echoed that argu- ment when explaining his to. So far, no srate lawmaker has filed a new alimony bill to be considered during this yea a legislative session. But state Rep. Ritch Workman, R_ Melbourne, said he is working on re- vised language. Workman said the n can't try to end per- transient alimony or include any fthe retroactive pro - ns that drew ire last year. Instead, he will propose smaller "fixes" to the exist- ing law, a said, such as add- ing language 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 appmv- al? Workman is hopeful. "The governor has a lot to do this session and he doesn't want the drama;" Workman said, "But I've talked to him and these are changes I 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 focused on win - ning support on the ground. About 100 people attend- ed the "premiere" of Divorce Corp. at the Zephyrhills coo- 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, Ratan said the documentary has been "in the middle of the pack" =the 10 IFilmsJ I've had, I t wasn't the highest -gross- ing and it wasn't the lowest - grassing," he said. But that's not Rutan's only son for showing the dac- entary. He himself is in the middle of a four -year di- vorce that has taken an emo- tional and financial toll. "People need to know that our family law system is broken:' he said. Contact Kathleen McGmry at kmcgri MiamiHeralolcom. ORLANDO Baptists to fight sex abuse ruling A1111alon the convenfcip is confident ORLANDO — A central that an appellate court will Florida jury has awarded overrum the ruling He says 512.5 million in damages to a the nomistr was an indepen- yong man who was sexual- dent pastor and not super- IF abused by a Baptist minis- vised by the convention ter when he was a child. The verdict was returned But an attorney for the on Saturday. An attorney for Florida Baptist Convention the mn, who is remaining said Tuesday that the otgani- anonymous. says the jury radon would appeal the nil- understood the "devasIn- ingfiomajuryin Take Gxm- ing" impact of the abuse. ty, northwest of Orlando. The young man is now in his Attorney Gary Yeldell says 20s and attending college. 7� 1