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04-04-2017 Regular Commission Meeting AgendaCity Commission ]Enid Weisman, Mayor Marc Narotsky, Vice Mayor Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Robert Shelley, Commissioner Howard Weinberg, Commissioner City Manager Eric M. Soroka, ICMA-CM City Clerk ]Elllisa L. Horvath, MMC Citi Attorney Weiss Scrota Helfman Cole & Bierman CITY COMMISSION MEETING AGENDA APRIL 4, 2017 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Employee Service Awards 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • March 7, 2017 Commission Regular Meeting • March 21, 2017 Commission Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE TOWN OF SURFSIDE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT AVENTURA CITY CONDUSSION MEETING AGENDA APRIL 4, 2017 PAGE 2 OF 3 THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, OPPOSING HOUSE BILL 17 (HB 17) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD PREEMPT THE LOCAL REGULATION OF BUSINESSES, PROFESSIONS, AND OCCUPATIONS TO THE STATE BY PROHIBITING LOCAL GOVERNMENTS FROM IMPOSING OR ADOPTING CERTAIN RULES, REGULATIONS, LICENSES, PERMITS, OR REQUIREMENTS, AND ANY ASSOCIATED FEES; OR THAT WOULD SUNSET EXISTING LOCAL REGULATIONS; OR THAT WOULD LIMIT LOCAL GOVERNMENTS IN MODIFYING OR IMPOSING ADDITIONAL REGULATIONS ON BUSINESSES, PROFESSIONS, AND OCCUPATIONS; AND PROVIDING FOR 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. RESOLUTIONS — PUBLIC HEARINGS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT A COCKTAIL LOUNGE WITHIN THE PUBBELLY SUSHI RESTAURANT TO BE ESTABLISHED IN TENANT SPACE #936 OF THE AVENTURA MALL EXPANSION AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; 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 OF BEER AND WINE AT THE CVS STORE LOCATED IN THE COMMERCIAL PLAZA AT 2962 AVENTURA BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b) OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES - FIRST READING/PUBLIC HEARINGS: None 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2016-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2016/2017 FISCAL YEAR BY REVISING THE 2016/2017 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; AND PROVIDING FOR AN EFFECTIVE DATE. AVENTURA CITY CONDUSSION MEETING AGENDA APRIL 4, 2017 PAGE 3 OF 3 9. RESOLUTIONS — PUBLIC HEARINGS: None 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None 13. ADJOURNMENT FUTURE MEETINGS* COMMISSION MEETING — APRIL 20, 2017 AT 9 AM EXECUTIVE CONFERENCE ROOM (5'H FLOOR) COMMISSION WORKSHOP — APRIL 20, 2017 FOLLOWING 9 AM MEETING EXECUTIVE CONFERENCE ROOM (5'H FLOOR) COMMISSION MEETING — MAY 2, 2017 AT 6 PM COMMISSION CHAMBER COMMISSION WORKSHOP — MAY 18, 2017 AT 9 AM EXECUTIVE CONFERENCE ROOM (5'H FLOOR) *Meeting dates and times are subject to change. Please check the City's website for the most current schedule. 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 Aventara Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventara 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 Aventara Government Center, 19200 W. Country Club Drive, Aventara, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. The City of CITY COMMISSION REGULAR MEETING MINUTES Aventura Government Center 19200 W.Country Club Drive AventuraMARCH 7, 2017 Aventura, Florida 33180 __tom_ 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Vice Mayor Marc Narotsky at 6:00 p.m. The roll was called and the following were present: Vice Mayor Marc Narotsky, Commissioner Denise Landmanl, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Mayor Enid Weisman was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Paul Savage, Esq. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr. Soroka removed item 5G from the Consent agenda and placed it under Zoning Hearings: Quasi-Judicial Public Hearings. 4. SPECIAL PRESENTATIONS: • Employee Service Awards: Vice Mayor Narotsky and Mr. Soroka presented Dawn De-James (10 years), Sandra Marquez (10 years), Sergeant Jeffrey Burns (20 years), Officer Mark Huffman (20 years), Officer Michael Giordano (20 years), Officer Thomas Mundy (20 years), and Officer Charles Travis (20 years), with recognition certificates and a token of appreciation for the completion of milestone years of service with the City. Officer Troy Vezina (20 years) was also recognized, but was not in attendance. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Dr. Marks, seconded by Commissioner Shelley, and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • February 9, 2017 Commission Regular Meeting • February 16, 2017 Commission Workshop Meeting B. Resolution No. 2017-12 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 FOR AN EFFECTIVE DATE. Commissioner Landman arrived after approval of the Consent Agenda items. Aventura City Commission Meeting Minutes March 7, 2017 C. Resolution No. 2017-13 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF- WAY ON BISCAYNE BOULEVARD FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI-DADEBROWARD COUNTY LINE BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2017-14 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 17- 02-27-2, NE 27TH AVENUE AND NE 28TH COURT ROAD RESURFACING IMPROVEMENTS TO GENERAL ASPHALT COMPANY, INC. AT THE BID PRICE OF $149,057.14; 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. E. Resolution No. 2017-15 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 17- 02-27-3, NE 30TH AVENUE AND NE 209TH STREET ROAD RESURFACING IMPROVEMENTS TO CORAMARCA CORPORATION AT THE BID PRICE OF $182,873.45; 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. F. Motion was approved as follows: MOTION TO ACCEPT FOR FILING OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2016 AND THE LETTER DATED FEBRUARY 28, 2017 ATTACHED HERETO AS ATTACHMENT A. G. Moved to Zoning Hearings: Quasi-Judicial Public Hearings: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE "PRIVE AT ISLAND ESTATES" PLAT, BEING A REPLAT OF LAND BEING A PART OF TRACTS B AND C, TWO ISLANDS IN Page 2 of 5 Aventura City Commission Meeting Minutes March 7, 2017 DUMFOUNDLING BAY, PLAT BOOK 141, PAGE 66 AS RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH OTHER LANDS IN SECTIONS 2 AND 11, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin reviewed the quasi-judicial procedures and read the following Resolution by title: RESOLUTIONS—PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE "PRIVE AT ISLAND ESTATES" PLAT, BEING A REPLAT OF LAND BEING A PART OF TRACTS B AND C, TWO ISLANDS IN DUMFOUNDLING BAY, PLAT BOOK 141, PAGE 66 AS RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH OTHER LANDS IN SECTIONS 2 AND 11, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony. A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval. City Consulting Surveyor Doug Davie (Craven Thompson) provided his report. Stanley Price, Esq. (Bilzin Sumberg Baena Price & Axelrod LLP, 1450 Brickell Avenue, Suite 2300, Miami) provided testimony on behalf of the Applicant (Prive Developers, LLC). Vice Mayor Narotsky opened the public hearing. The following members of the public provided testimony: Paul Savage, Esq. (Savage Legal, 2121 Ponce de Leon Blvd. Suite 900, Coral Gables) on behalf of Island Estates Homeowners Association, Inc., and Dara Clarke. There being no additional comments, the public hearing was closed. The motion for approval of the Resolution passed (5-1) by roll call vote, with Commissioner Landman voting no, and Resolution No. 2017-16 was adopted. Miami-Dade County Commissioner Sally Heyman provided a report on pertinent County issues also involving the City. 7. ORDINANCES - FIRST READING — PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: Page 3 of 5 Aventura City Commission Meeting Minutes March 7, 2017 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AMENDING ORDINANCE NO. 2016-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2016/2017 FISCAL YEAR BY REVISING THE 2016/2017 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; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption of the Ordinance on first reading was offered by Commissioner Dr. Marks and seconded by Commissioner Landman. Mr. Soroka reviewed the items included in the amendment. Vice Mayor Narotsky opened the public hearing. There being no comments, the public hearing was closed. The motion to approve the Ordinance on first reading was passed unanimously, by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA CREATING DIVISION 7 "YOUTH ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE OF THE CITY OF AVENTURA, FLORIDA; ESTABLISHING AN ADVISORY BOARD AND PROVIDING FOR ITS DUTIES AND RESPONSIBILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption of the Ordinance on second reading was offered by Commissioner Shelley and seconded by Commissioner Landman. Vice Mayor Narotsky opened the public hearing. There being no comments, the public hearing was closed. The motion to approve the Ordinance on second reading was passed unanimously, by roll call vote, and Ordinance No. 2017-03 was adopted. 9. RESOLUTIONS — PUBLIC HEARING: 10. REPORTS: Commissioner Landman reported on the success of the Ride with Aventura Police event, as well as the record breaking movie night. She reviewed the upcoming Aventura events including movie night and the Arts, Crafts, & All That Jazz Festival. Commissioner Dr. Marks congratulated the Aventura City of Excellence School on the grant and launch for the One Million Men in the Making club. Page 4 of 5 Aventura City Commission Meeting Minutes March 7, 2017 Michael Krop Senior High School representative Nathaniel Manor (SGA President — 11th Grade) provided a report on news and events at the school. 11. PUBLIC COMMENTS: None. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Mezrahi, and unanimously approved; thus adjourning the meeting at 7:27 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on April 4, 2017. Page 5 of 5 The City of CITY COMMISSION Ay �e WORKSHOP MEETING MINUTES Aventura Government Center �Y �� ��L MARCH 21, 2017 19200 W.Country Club Drive Aventura, Florida 33180 9:00 A.M. CALL TO ORDER/ROLL CALL: The meeting was called to order by Vice Mayor Marc Narotsky at 9:00 a.m. The following were present: Vice Mayor Marc Narotsky, Commissioner Denise Landman', Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Mayor Enid Weisman was absent. As a quorum was determined to be present, the meeting commenced. 1. CHARTER HIGH SCHOOL UPDATE (City Manager): Mr. Soroka distributed and reviewed a Recommended Action Plan for Aventura Charter High School. The plan included an operating model, proposal to build a gym on the grounds of Waterways Park to reduce costs and have a shared community facility, funding model for the construction of the school and timetable, and Action items needed to open the facility by August 2019. Jonathan Hage, CEO - Charter Schools USA (CSUSA) and Rachel Windler-Freitag, Vice President of Education for CSUSA reviewed information on Charter Schools USA, experience with operating high schools, and the framework for a curriculum focused on a college prep program. The Commission discussed a variety of items including future public community outreach meeting to be scheduled when the plan is further along, the possibility of designing the school so additional floors could be added later, and possible donor naming rights. City Manager Summary: It was the consensus of the Commission to authorize the City Manager to proceed with the plan as presented and to send out a press release on what was being done. 2. STORMWATER MASTER PLAN UPDATE (City Manager): City Consulting Engineer Peter Aquart — Craven Thompson & Associates, Inc. reviewed a Comprehensive Stormwater Management Master Plan PowerPoint, dated March 2017, covering the following items: storm drainage system and basins, sea level rise, and sea walls. It was pointed out that those not meeting the current level of service standard were being addressed by projects in the CIP and that private systems may be required to update. It was recommended that the items be reviewed every five to ten years. Mr. Soroka summarized that the stormwater system was good for the next 50 years, a review should be done every 10 years, sea wall criteria and private property drainage should be addressed including the possibility of requiring additional wells at private properties that are overloading the City's system, and the future possibility of changing Commissioner Landman participated via telephone. Aventura City Commission Workshop Meeting Minutes—March 21,2017 the requirements for properties to improve their systems for projects renovating at 20%- 25% instead of 50% (FEMA). City Manager Summary: No action - this item was provided for informational purposes. Legislation to address private property drainage issues will be presented at future workshop meetings. 3. PROPOSED LAND DEVELOPMENT REGULATIONS REVISIONS (City Manager): Community Development Director Joanne Carr reviewed the nine recommended updates, in the Land Development Regulations Recommended Updates 2017 PowerPoint. Mr. Soroka spoke in favor of the recommended revisions. After receiving input from the Commission, Ms. Carr will review allowing more than five feet, if the setback is larger, as part of the recommendation for item 9 (amending Section 31-238 regarding awnings and canopies). City Manager Summary: It was the consensus of the Commission to proceed with the recommended revisions, for placement on the May Local Planning Agency Meeting Agenda, as well as the Regular Commission Meeting Agenda. 4. CITIZENS' INDEPENDENT TRANSPORTATION TRUST UPDATE (City Manager): Mr. Soroka and Finance Director Brian Raducci provided an Overview of The Citizens' Independent Transportation Trust (CITT) PowerPoint, dated March 2017. The following items were reviewed: a Background of the Program, the City's Maintenance of Effort ("MOE") — Ongoing Appeal, a Suggested Recalculated MOE Amount, the Inequity of MOE Calculation, and Action to Resolve the MOE Issue. It was pointed out that the County was aware of the issue and is taking steps to address the problem and has assured the City that no action will be taken on this item. City Manager Summary: No action - this item was provided for informational purposes. 5. COMMUNITY SERVICES ADVISORY BOARD RECOMMENDATIONS: Mr. Soroka reviewed two items recommended by the CSAB for Commission consideration. City Manager Summary: It was the consensus of the Commission for a member of the CSAB to provide a report no longer than five minutes at the Commission Meetings on forthcoming events. There was consensus that pictures of the Board not be provided on the City's website. 6. PROPOSED RESOLUTION OPPOSING HB 17 - PREEMPTING LOCAL REGULATION OF BUSINESSES: Mr. Soroka reviewed a Resolution from the City of Miami Beach and explained House Bill 17, which would remove City Commission authority to regulate local businesses. Page 2 of 3 Aventura City Commission Workshop Meeting Minutes—March 21,2017 City Manager Summary: It was the consensus of the Commission to proceed with the placement of a Resolution on the April Commission Meeting Agenda, opposing House Bill 17. The following additional items were discussed: It was the consensus of the Commission for the CSAB to receive feedback from the organizer and the Community Services Director on the recent Arts Crafts & Jan Festival. The Commission also requested that the CSAB look at the possibility of a jazz, wine, and cheese event in place of the art component at a smaller venue. It was the consensus of the Commission to spend money on other events with better participation rather than on the Senior Prom, which attendance had diminished. Commissioner Dr. Marks recommended that an item be placed on the April Workshop Meeting Agenda to review the process for the City Clerk's evaluation. 7. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 11:20 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on April 4, 2017. Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA- , City Manager DATE: March 27, 2017 SUBJECT: Resolution Declaring Equipment Surplus April 4, 2017 City Commission Meeting Agenda Item 513 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. 2017- 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 FOR 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 4th day of April, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Karen J. Lanke, Information Technology Director DATE: March 27, 2017 SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached be declared surplus property as the equipment no longer meets the needs of the City. Please let me know if you have any questions regarding this request. Attachment City of Aventura Computer Equipment Inventory Exhibit A I Brand Model Qty Serial Number Type APC Back-UPS LS 500 2 UPS APC Back-UPS RS 700 4 UPS APC Back-UPS RS 800 3 UPS APC RBC24 3 UPS Battery APC SUA1000RM2U 1 UPS APC SUA1500RM2U 1 UPS Box kill of speakers,power cables,power adapters,and keyboards. Brother PJ-623 U62864-L4Z259760Printer Brother PJ-623 U62864-M4Z313468 Printer Brother PJ-623 U62864-M4Z313475 Printer Del 1707FPt CN-0VG613-71618-675-ACAD Monitor Del 1708fpF CN-OPM372-72872-74H-1 J51 Monitor Del 2009W1 CN-OKM509-71618-840-019L Monitor Del E2209Wc CN-OF1803-64180-88F-0B9M-A00 Monitor Del E2209Wc CN-OF1800-64180-BBF-OBFM-A00 Monitor Del Latitude E6430 21BRRY1 Laptop Del Latitude E6430 41BRRV1 Laptop Del Latitude E8430 42BRRY1 Laptop Del Latitude E6430 5P9RRY1 Laptop Del Latitude E6430 66DRRY1 Laptop Del Latitude E6430DV9RRY1 Laptop Del Latitude E6430 l HTN3CW1 Laptop Del Latitude E6430 J9CRRY1 Laptop Del Optiplex 7010 GQKOBYI Desktop Del Optiplex7010 H81WOW1 Desktop Del Optiplex 7010 I H84HQW1 Desktop Del Optiplex 780 I 1JR4KMI I Desktop Del Optiplex 780 1JS2KM1 I Desktop Del Optiplex 780 3RVJKNI I Desktop Del Optiplex 780 F 3RZHKNI Desktop Del Optiplex 780 1 3RZKKN1 Desktop Del Optiplex 780 I 3S1 JKN1 Desktop Del Optiplex 780 3TCJKNI Desktop Del Optiplex 780 3TDKKN1 Desktop Del Optiplex 790 D5KY1R1 Desktop Del Optiplex 790 D5LS1 R1 I Desktop Del Optiplex 990 FT4S1 R1 Desktop Del Optiplex GX620 8RNFK81 I Desktop ETN PW5110500 UPS HP DeskJet 6127 MY28J1 COOK Printer HP Deskjet 6127 MY53B4BOFS Printer HP DeskJet 6940 MY62G7R016 Printer HP DeskJe16940 MY6617R1FN Printer HP DeskJet 6940 MY67C8ROVD Printer HP DeskJet 6940 MY7BFB527O Printer HP - DeskJet 6940 i MV7BFBS27Y Printer HP DeskJet 6940 MYBB8CK12Z Printer HP DeskJet 6940 SG86R1106T Printer HP DeskJet 6940 SG86R1108Z Printer HP HP Color LaserJet CP3525dn CNCCB6HONR Printer HP LaserJet M1319f MFP CNHZ97NOMG Printer HP LaserJet P2055dn CNB9L25809 Printer HP LaserJet P3005n JPRFC22622 Printer HP OfficeJet Pro L7580 MY78B630KD Printer HP Pholosmari Premium MY99927042 Printer Panasonic WV-BP334 OXW00809I Camera Samsung SCH-U660 I A0000039665BCDI Cell Phone Samsung UN32H5500 02273CGFA01469V Monitor Samsung UN32H5500 I 02273CGFA01473H Monitor Security Camera Security Camera Verizon Jetpack 140100198528 Mi-H Zebra RW 420 XXRCJ104300725 Printer Page 1 of 1 3127/2017 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Cit . age DATE: March 14, 2017 SUBJECT: Law Enforcement Mutual Aid A• _ - ent Between the City and the Town of Surfside April 4, 2017 City Commission Meeting Agenda Item -C. RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the Town of Surfside. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS/act Attachment RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE TOWN OF SURFSIDE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the Town of Surfside for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 4th day of April, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 MUTUAL AID AGREEMENT (AVENTURA-SURFSIDE) WITNESSETH WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida, and the Town of Surfside, Florida (collectively, the "Parties") to ensure the public safety of their citizens by providing adequate levels of police service to assess any foreseeable routine or emergency situation; and WHEREAS, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural or man-made conditions which are, or likely to be, beyond the control of the services, personnel, equipment, or facilities of the Aventura Police Department and the Surfside Police Department (collectively, the "Agencies"); and WHEREAS, the Parties are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Intensive situations including, but not limited to emergencies as defined under Section 252.34(2), Florida Statutes; and (2) Continuing, multi-jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the Parties have authority under Part I of Chapter 23, Florida Statutes,the Florida Mutual Aid Act, to enter into: (1) A requested operational assistance agreement for the requesting and rendering of assistance in law enforcement intensive situations and emergencies; and (2) A voluntary cooperation agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines. NOW, THEREFORE, BE IT KNOWN that the City of Aventura, a political subdivision of the State of Florida and the Town of Surfside, a political subdivision of the State of Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I: DESCRIPTION This Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations and combines elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. 1 SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION The Chief of Police for the City of Aventura and the Chief of Police for the Town of Surfside (collectively "Agency Heads") may execute a joint declaration, enumerating the specific conditions under which aid may be requested or rendered pursuant to this Agreement (the "Joint Declaration"). Subsequent to execution, a Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. The Joint Declaration may be amended at any time upon the mutual assent of the Agency Heads. SECTION III: POLICY AND PROCEDURE (a) In the event that a party to this Agreement is in need of assistance as set forth above, an authorized representative of the Agency requiring assistance shall notify the Agency, Agency Head, or his/her designee from whom such assistance is required. The Agency Head or authorized agency representative whose assistance is sought shall evaluate the situation and the Agency's available resources, consult with his/her supervisors if necessary and will respond in a manner he/she deems appropriate. The Agency Head's decision in this regard shall be final. (b) The resources or facilities that are assigned by the assisting Agency shall be under the immediate command of a supervising officer designated by the assisting Agency Head. Such supervising officer shall be under the direct supervision and command of the Agency Head or his designee of the Agency requesting assistance. (c) Should a violation of Florida Statutes occur in the presence of said officers representing their respective Agencies in the furtherance of this Agreement, they shall be empowered to render enforcement assistance and act in accordance with law. SECTION IV: POWERS, PRIVILEGES, IMMUNITIES AND COSTS (a) Members of the Agencies when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of Aventura or Surfside under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. (b) Each Party agrees to furnish the necessary equipment, resources, and facilities and to render services to each other Party to the Agreement as set forth above; provided however, that no Party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. (c) The Agency furnishing any equipment pursuant to this Agreement shall bear the loss or damages to such equipment and shall pay any expense incurred in the operation and maintenance thereof. (d) The Agency furnishing aid pursuant to this section shall compensate its appointees/employees during the time such aid is rendered and shall defray the actual travel maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. HOWEVER, if the requesting Agency receives compensation from the Federal Emergency Management Agency (FEMA), the requesting Agency may compensate the assisting Agency during the time of the rendering of such aid and may defray the actual travel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees are rendering such aid as pertains to this Agreement. (e) All of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits which apply to the activity of such officers, agents or employee of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. (1) Nothing herein shall prevent the requesting Agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting Agency for any actual costs or expenses incurred by the assisting agency performing hereunder when assistance is requested under this Agreement. SECTION V: FORFEITURE It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. Seized property shall be forfeited and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. SECTION VI: INDEMNIFICATION Each Party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own employees occurring while engaging in rendering such aid pursuant to this Agreement, to hold harmless, defend and indemnify the other participating party and its appointees or employees, subject to the provisions of Section 768.28, Florida Statutes, where applicable, and provided such indemnifying party shall have control of the defense of any suit or claim to which said duty to indemnify applies. SECTION VII: EFFECTIVE DATE This Agreement shall be effective upon execution and approval by the hereinafter-named officials and shall continue in full force and effect from January 1, 2017, until the expiration of a period of five (5) years from January 1, 2017, unless terminated prior thereto by any or all of the Parties herein. The term of the previously effective Mutual Aid Agreement which was initially entered into by the Parties on February 1, 2011, is hereby extended from January 1, 2016 to January 1, 2017, and said extension is hereby ratified, confirmed and approved. SECTION VIII: CANCELLATION This Agreement may be cancelled by any Party upon delivery of written notice to the other Party or Parties. Cancellation will be at the direction of any subscribing Party. IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed on the date specified. Guillermo Olmedillo Eric M. Soroka Town Manager City Manager Town of Surfside City of Aventura Date: Date: David Allen Steven Steinberg Chief of Police Chief of Police Surfside, Florida Aventura, Florida Date: Date: ATTEST: ATTEST: Sandra Novoa, MMC Ellisa Horvath, MMC Town Clerk City Clerk Surfside, Florida City of Aventura, Florida JOINT DECLARATION OF THE CHIEF OF THE TOWN OF SURFSIDE POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement when: • Participating in law enforcement activities that are preplanned and approved by each respective agency head, or • Appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the Town of Surfside, Florida and the City of Aventura, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the Agreement. Said list may be amended or supplemented from time to time, as needs dictate, by subsequent declarations. 1. Joint multi-jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures, including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, backup to emergency and in-progress calls, pursuits, and missing persons calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 1 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, canine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information. 15. Joint training in areas of mutual need. 16. Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners; traffic stops near municipal boundaries, request for assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime or incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call. 17. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers within the area comprising the jurisdictional waters within respective municipal boundaries. 18. Concurrent marine patrol related jurisdiction between agencies on the waters, waterways, canals, channels, rivers, streams, and any and all other bodies of waters, including the Intracoastal Waterway (ICW) that fall within either jurisdiction. 19. Both agencies will be permitted to patrol jurisdictional waters of either jurisdiction, and to take enforcement actions as deemed appropriate under city, state and federal laws, rules and regulations, and to write boating law violation citations, make arrests, and to attend court on behalf of the other agency. 20. Both agencies agree that any and all incidents, which require an initial (preliminary) police offense incident report (OIR), will be completed by the agency making the initial contact. Any follow-up investigations that are required are to be completed by the jurisdiction in which the incident occurred regardless of which agency completed the original offense incident report. 21. If an arrest is made by one agency that is operating in the jurisdictional waters of the other agency, and that arrest results in asset forfeiture proceedings, both agencies agree to a 50-50 share of the final asset distribution following the payment of all expenses related to the prosecution of the civil case. The jurisdiction of civil forfeiture actions shall be determined and filed by the seizing agency. 22. Both agencies have the right to set their own days and hours for marine patrol and agree to provide assistance and aid to the other agency under the spirit of the Mutual Aid Agreement. 2 DATE: DATE: David Allen Steven Steinberg Chief of Police Chief of Police Town of Surfside Police Department City of Aventura Police Department Surfside, Florida Aventura, Florida ATTEST: ATTEST: Sandra Novoa Ellisa Horvath Town Clerk City Clerk Town of Surfside, FL City of Aventura, FL 3 RESOLUTION NO. 2017- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, OPPOSING HOUSE BILL 17 (HB 17) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD PREEMPT THE LOCAL REGULATION OF BUSINESSES, PROFESSIONS, AND OCCUPATIONS TO THE STATE BY PROHIBITING LOCAL GOVERNMENTS FROM IMPOSING OR ADOPTING CERTAIN RULES, REGULATIONS, LICENSES, PERMITS, OR REQUIREMENTS, AND ANY ASSOCIATED FEES; OR THAT WOULD SUNSET EXISTING LOCAL REGULATIONS; OR THAT WOULD LIMIT LOCAL GOVERNMENTS IN MODIFYING OR IMPOSING ADDITIONAL REGULATIONS ON BUSINESSES, PROFESSIONS, AND OCCUPATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, House Bill 17 (HB 17) was filed for consideration during the Florida Legislature's 2017 Session by Representative Randy Fine (R - Palm Bay), and is co- sponsored by Representative Paul Renner (R - Palm Coast); and WHEREAS, on February 22, 2017, the Careers & Competition Subcommittee of the House Commerce Committee voted favorably on a similar Committee Substitute Bill (CS/HB 17); and WHEREAS, CS/HB 17 would expressly preempt the local regulation of businesses, professions, and occupations to the State of Florida by prohibiting local governments from imposing or adopting certain rules, regulations, licenses, permits, or requirements, and any associated fees; and WHEREAS, CS/HB 17 would supersede all local government regulations on businesses, professions, and occupations, even those regulations adopted prior to January 1, 2017, if they were adopted without general law authority; moreover, such pre-existing regulations would expire July 1, 2020; and WHEREAS, under CS/HB 17, even if a local government had enacted a business regulation authorized by general law prior to January 1, 2017, the existing regulation could not be amended to impose additional regulations on business, professions, or occupations; moreover, a local government could not modify such regulation, except to repeal or reduce the regulation; and WHEREAS, in addition, a local regulation not authorized under the CS/HB 17, or expressly authorized by general law, would be a nullity and not enforceable; and City of Aventura Resolution No. 2017- WHEREAS, CS/HB 17, and any similar or substitute legislation, would have far- reaching negative impacts upon local governments throughout the State and would severely limit their ability to tailor local laws to their community needs, would sunset current laws, and would prevent the enactment of new laws that address, among other things, fair wages, human rights, environmental protections, and neighborhood quality- of-life; and WHEREAS, the Mayor and City Commission strongly oppose CS/HB 17 and any similar or substitute legislation that would preempt the local regulation of businesses, professions, and occupations to the State of Florida, sunset existing local regulations, or that would limit local governments in modifying or imposing additional regulations. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Mayor and City Commission hereby oppose House Bill 17 and any similar or substitute legislation that would preempt the local regulation of businesses, professions, and occupations to the State by prohibiting local governments from imposing or adopting certain rules, regulations, licenses, permits, or requirements, and any associated fees; that would sunset existing local regulations; or that would limit local governments in modifying or imposing additional regulations on businesses, professions, and occupations. Section 2. 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 4th day of April, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Sorok A-CM City Manager • BY: Joanne Carr, AICP Community Development Director DATE: April 4, 2017 SUBJECT: Request of PBS Aventura LLC doing business as Pubbelly Sushi for Conditional Use Approval to allow the sale and service of alcoholic beverages at a cocktail lounge/bar area within Pubbelly Sushi restaurant to be located in Tenant Space #936 of the Aventura Mall expansion at 19501 Biscayne Boulevard, City of Aventura (01-CU-17) April 4, 2017 City Commission Meeting Agenda Item (D__ RECOMMENDATION It is recommended that the City Commission approve the conditional use application to allow sale and service of alcoholic beverages at a cocktail lounge/bar area within the Pubbelly Sushi restaurant to be established in Tenant Space #936 in the Aventura Mall at 19501 Biscayne Boulevard, Aventura, subject to the following conditions: 1. This approval shall be granted exclusively to PBS Aventura LLC, doing business as Pubbelly Sushi, in Tenant Space #936 in the Aventura Mall expansion and may not be transferred to another owner and/or operator of the restaurant. 2. Alcoholic beverages shall be sold and served only in conjunction with service of food. 3. Customers will not be permitted to remove the individual glass of alcoholic beverage or any open container from the restaurant, but may purchase sealed bottles for off- premises consumption pursuant to the applicable State liquor license. 4. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages 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 at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 5. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00 a.m. the following day. 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. 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 alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. THE REQUEST The applicant, PBS Aventura LLC, doing business as Pubbelly Sushi, is requesting conditional use approval to sell and serve alcoholic beverages in the cocktail lounge/bar area within the Pubbelly Sushi restaurant to be established in Tenant Space #936 of the Aventura Mall expansion at 19501 Biscayne Boulevard, notwithstanding the spacing and distance requirements for the sale and service of alcoholic beverages of Section 4- 2 (a) and (b) of the City Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Mall Venture APPLICANT PBS Aventura LLC, doing business as Pubbelly Sushi ADDRESS OF PROPERTY 19501Biscayne Boulevard, City of Aventura (See Exhibit #2 for Location Map) LEGAL DESCRIPTION Tract R and a portion 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 (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, and CF Community Facilities District, and TC1 Town Center District 2 Properties to the East: B2 Community Business District, and RMF4 Multifamily High Density Residential District Properties to the West: U Utilities District Existing Land Use - Subject property: Regional Mall Properties to the North: Library & Fire Station Properties to the South: Retail & Office Properties to the East: Retail, Office, Hotel, Residential Properties to the West: FEC Railway 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 and Medium-High Density Residential Property to the West: Business and Office The Site -The Pubbelly Sushi restaurant is proposed to be located in tenant space #936 on the ground floor of the Aventura Mall expansion wing currently under construction, as shown in Exhibit #4. The Project - Pubbelly Sushi is proposing to open a restaurant in Tenant Space #936 in the Aventura Mall expansion, which is currently under construction. The restaurant will have 2985 square feet of floor area, with 54 seats at tables indoor, 24 seats at tables on the outdoor patio and 16 seats at an indoor cocktail lounge/bar area. Sales and service of alcoholic beverages is proposed at the indoor and outdoor tables and at the cocktail lounge area. The restaurant and the cocktail lounge are permitted uses in the B2, Community Business, zoning district. A sample floor layout is attached as Exhibit#5 to this report. ANALYSIS Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. Citizen Comments - As of the date of writing of this report, the Community Development Department has received no citizen comments. Community Development Department Analysis - Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that no premises shall be used for the sale of 3 alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the uses excepted by City Code from the spacing requirements) and 2,500 feet from a religious facility or school, unless approved as a conditional use. The Code allows certain exceptions from this conditional use requirement, as detailed in Section 4-2(e) of the Code. Dining rooms in restaurants in the B2 zoning district that serve cooked, full course meals, prepared daily on the premises, are one of the exceptions provided by this Code section. Cocktail lounges in restaurants are also an exception to the conditional use approval requirement, provided that the restaurant has 200 or more seats at tables, including bars or counters at which full course meals are available and provided that the restaurant has more than 4000 square feet of floor space. The dining room in the applicant's proposed restaurant meets the exemption criteria of Section 4-2(e) of the City Code; however, conditional use approval is required for the applicant's proposed sale and service of alcoholic beverages at the cocktail lounge/bar area in the restaurant because it does not meet the exemption requirement above; that is, 200 or more seats at tables and 4,000 square feet of floor space. The applicant's proposed restaurant has a total of 94 seats and 2,985 square feet of floor space. A liquor survey is required to show spacing and distance to other non-exempt establishments with an existing alcoholic beverage license and to religious facilities and schools. The applicant has submitted the liquor survey attached as Exhibit #6. The survey reveals four (4) establishments with an alcoholic beverage use (and not one of the uses listed below as an exception from the spacing requirements of the City Code) within 1,500 feet; those being Walgreens Pharmacy, Caviar & More! cafe, Beluga Bar and Piacere News Café, one (1) religious facility and two (2) schools within 2,500 feet; those being the Aventura Turnberry Jewish Center, the KLA pre-school in the Promenade Shops and the Tauber School at Aventura Turnberry Jewish Center. Criteria According to Section 31-73(c) of the City Code, a conditional use approval application is evaluated using the following criteria: 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. The business and office future land use designation accommodates the full range of sales and service activities. 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 alcoholic beverages at the interior cocktail lounge/bar area within the restaurant will not be detrimental to or endanger the public health, safety or general welfare. The conditions that on-premises consumption of the alcoholic beverage will be made only in 4 conjunction with food service and that the use may be terminated by the City Manager if the use creates a disturbance or is operated in violation of the conditions of this approval 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 and existing uses within the Aventura Mall. 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 Aventura Mall is developed, with the expansion area approved and under construction. 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 proposed use is located within the Aventura Mall expansion area. 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 exist on Biscayne Boulevard, Aventura Boulevard, West Country Club Drive and NE 29 Avenue. 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 effects, 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 within a proposed restaurant on the ground floor of a tenant space that is internal to the Aventura Mall expansion, which is currently under construction. It will have no visual or other adverse effects on adjacent property. 5 The Aventura Mall expansion is providing required setbacks, buffers, landscaping and other design criteria approved by the City. 6 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT SUMMARY SHEET April 4, 2017 APPLICATION NUMBER PUBLIC HEARING DATE 01-CU-17 April 4,2017 APPLICANT/PROPERTY OWNER PROPERTY ADDRESS/LOCATION PBS Aventura LLC doing business as 19501 Biscayne Boulevard,Aventura Pubbelly Sushi Market BRIEF SUMMARY OF REQUEST � Conditional Use Approval to sell and serve alcoholic beverages at the Fc ... . :� P ,. w P cocktail lounge/bar area of the proposed Pubbelly Sushi Market in ' •� . -. i.. 2985 square foot Tenant Space #936 on the ground floor of the - ' `"1` 46'x: Aventura Mall expansion wing , ' ' w , _ 1, *ik foe*a4, ,Ii4. 1k Alcoholic beverages are proposed to be served topatrons seated at a.I ' 9 p p ,� _ ,?;i indoor and outdoor tables and at a cocktail lounge area inside the A - _ market. There are 24 seats proposed at outdoor tables, 54 seats at ,—� ` �1.o; indoor tables and 16 seats at an indoor cocktail lounge area ' ` .: q' 4-,.f t-,r Chapter 4 of the City Code regulates the sale and service of alcoholic -- Yb•_ beverages. It requires distance and spacing from other `� establishments with an existing liquor license and from religious ; ° . . facilities and schools, unless the use meets one of the exemptions in Section 4-2(e) of the City Code. The proposed cocktail lounge/bar area in the Pubbelly restaurant does not meet any of the exemptions and therefore, conditional use approval is required before commencement of the use. EXISTING ZONING EXISTING LAND USE SURROUNDING ZONING SITE IMPROVEMENTS SIZE OF PROPERTY &LAND USE B2 Business and Office Aventura Mall Expansion Overall Mall Parcel is Community Business B2,CF,TC1, RMF4 under construction. This is 97.96 acres District And U a tenant space in the Mall Expansion area is expansion wing. 9.514 acres STAFF RECOMMENDATION APPROVE WITH CONDITIONS TYPE OF APPLICABLE EVALUATION STAFF ANALYSIS OF CONDITIONS OF APPLICATION SECTION OF CITY CRITERIA CRITERIA APPROVAL CODE Conditional Use Section 31-73(c) 7 evaluation criteria Criteria met 8 conditions of approval Approval analyzed in staff report recommended by staff ATTACHMENTS STAFF REPORT LETTER OF INTENT LOCATION PLANS LEGAL DESCRIPTION PROPOSED FLOOR LIQUOR SURVEY APPLICANT BUSINESS PLAN REPRESENTATIVE RELATIONSHIP AFFIDAVIT AFFIDAVITS PROPOSED RESOLUTION �� Bilzin Sumberg Brian S.Adler,Esq. Tel 305.350.2351 Fax 305.351.2206 badler®bilzin.com March 14, 2017 Ms. Joanne Carr City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: PBS Aventura, LLC Space#936 in Aventura Mall Expansion Area 19501 Biscayne Boulevard, Aventura, Florida Dear Ms. Cam AMENDED LETTER OF INTENT Please consider this our formal amended letter of intent in connection with an Application for Conditional Use for property located in the City of Aventura. This firm represents PBS Aventura, LLC as the proposed tenant for a restaurant space located within the Aventura Mall. Our client proposes to open a Pubbelly Sushi in the new Aventura Mall expansion area. Pubbelly Sushi's founding chef José Mendin was part of the opening team at Nobu, Miami, and later worked at Nobu, London and SUSHISAMBA. His focus over the last several years has been developing numerous Pubbelly and related restaurant concepts including Pubbelly, Pubbelly Sushi, Barceloneta, PB Station and several other popular South Florida dining establishments. Pubbelly Sushi itself now has several locations including Miami Beach, the American Airlines Arena, and Brickell City Center. The Pubbelly team is looking forward to bringing the Pubbelly Sushi concept to the City of Aventura. Consistent with its other restaurants, Pubbelly Sushi seeks to offer beer, wine, champagne, sake and spirits as part of its dining experience. Pursuant to City of Aventura land development regulations Section 4-2, the service of beer, wine, spirits and related alcoholic beverages requires conditional use approval based on the distance of the proposed use from other alcoholic beverage service establishments, religious facilities and schools. It is important to note that the proposed restaurant is entirely internal to the mall and a significant distance from schools and religious facilities. Therefore we anticipate the conditional use approval having no negative impact on the surrounding community. Pursuant to City of Aventura Code Section 31-73(c) the property meets with seven enumerated criteria under the Code for conditional use approval. Specifically: MIAMI 5358280.182979/84658 Exhibit 1 BILZIN SUMBERG BAENA PRICE 8 01-CU-17 1450 Brickell Avenue,23rd Floor,Miami,FL 33131-3456 Tel 305.374.7580 Fax 305.374.7593 Ms.Joanne Carr CI) Bilzin Sumberg March 14,2017 Page 2 1. The Proposed Use shall be Consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan as the Future Land Use Designation of the Aventura Mall is Business and Office. Business and Office uses contemplate restaurants and other entertainment establishments and the proposed use is in an ideal location within the mall. 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 proposed sale of wine, champagne, beer and spirits will not be detrimental to or endanger the public health, safety or general welfare of the community. There are numerous other establishments located within the Aventura Mall and the city that similarly sell beer, wine and spirits with their serviced meals. The proposed use is not anticipated to create any additional disturbance or impact on the neighboring community and in fact provides an opportunity for shoppers within the mall to have a relaxing meal with a beverage and then continue shopping. The Pubbelly, chain which successfully operates facilities in numerous other jurisdictions within Miami-Dade County, has beer, wine and/or spirits service with their other facilities. They therefore are tuned to the requirements of operating a successful restaurant with beer, wine, champagne, sake and spirits service. 3. The Proposed Use Shall be Consistent with the Community Character of the Immediate Neighborhood of the Proposed Use. The proposed restaurant is located within the expansion area of the Aventura Mall, and therefore the immediate neighborhood of the proposed use is actually located within the mall. The surrounding neighborhood to the Aventura Mall itself is comprised of other commercial/retail and restaurant space as well as office, hotel, and medium and high density residential uses. The proposed use is consistent with the mall use and the surrounding office and commercial as well as the hotel and residential uses. 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 LDRs. The Aventura Mall is already developed and the expansion area is being developed as approved by the City. The occupancy of the particular space by PBS will not alter the levels of service, and the other infrastructure, including utilities, police, fire and emergency already exist at the adopted level of service for the mall and will remain available and concurrent in accordance with the City's LDRs. 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 restaurant is located internal to the mall which is already developed and which expansion is singularly being developed. The mall has several entrances to ensure that MIAMI 5358280.1 82979/84658 Ms.Joanne Can C� Bilzin Sumberg March 14, 2017 Page 3 there are adequate measures for ingress and egress to the property, including access to Biscayne Boulevard, West Country Club Drive, Aventura Boulevard and easy access to the William Lehman Causeway. 6. The Establishment of the Conditional Use Shall Not Impede the Development of Surrounding Properties for Uses Permitted in the Zoning District The proposed use is located within the Aventura Mall expansion area and therefore there will be no impediment to the development of surrounding properties for uses permitted in the respective zoning districts. 7. The Design of the Proposed Use Shall Minimize Adverse Effects. Including_Visual Impacts, of the Proposed Use on Adiacent Property Through the Use of Building Orientation, Setbacks, Buffers. Landscaping and Other Design Criteria. As noted above, the proposed use is located entirely within the expansion area in the mall and therefore will have no visual or adverse effects on any adjacent property. The mall as part of its expansion, is providing the proposed setbacks, buffers, landscaping and other design criteria mandated by the City. Attached to the application is a layout of the expansion area illustrating the location of the proposed restaurant use. While floor plans have not been finalized, the floor plan of the proposed use is anticipated to be similar to the attached floor plan for the Brickell City Centre location. This application package also includes the required mailing labels, the spacing survey, check number 0017 drawn on the account of Pubbelly Sushi Development in the amount of $5,000 representing the filing fee, and check number 0018 drawn on the account of Pubbelly Sushi Development in the amount of$1,000.00, representing the advertising deposit. Thank you for your review of the foregoing. Should you have any questions or require anything further regarding the above, please do not hesitate to contact me at (305) 350-2351. Very truly yours, Brian S. er BSA/ebl MIAMI 5358280.1 82979/84658 BROWARD COUNTY I ` nm1'....'IMPIP•lwtler.uYRYT► ne n vir VW eery .— — M DADE COUNTY • I —� .SV 77rl7YTt,�r1R,RCMa . II` 1 Gulfstream YA HT LUB DR. • or Park • it "MARINA • • COVE • Arrnrma O HARBOR C IR • Hospital , - WAY • Medic • &Centera(b Q MA.•tNEA- •_ • r • • —© 9 • • h Waterways • • I m� WATERWAYS Shopper 207 ST. i • • _ w W • • • c < COUNTRY CLUB DR. • • The N 20�5T, M • • Promenade -✓ • • • Sho• ps nG IVES DAIRY RD. • 203 ST. . O CI.4 • �T9 • C m V ■ o • a a • > • I 201 TER. m • CO • NO Turnberry Isle • • p, m Reson&Club • < • AVENTURA SI C7 • U • Location of Proposed• III • o • Fire Y[ Pubbelly Sushi Restaurant Q • Rescue Aventura • Station Library in Aventura Mall Expansion c? 3 ■ y II ,_ U ?t g II Aventura Mall a mII `t • • - $ • ,• 0 YAGHT Q• • 4 City of Aventura O LUB hJ • Government Center I. 192 ST. �■ WILLIAM IEHMA ' s 192 ST. • r • OQ • _ - : 191 ST. 1 0 Q'S' • • w •: 190 MYSTIC x • Loehmann's ' • 0 • Fashion ui -- • CS • Island Q __ • m 188 ST. • m i. MIAMI a 187 ST 33180 • Z GARDENS DR. • . 00 :• a :• �183ST Dumfoundfirtg • :i Bay * Atlantic F • ocean , '• Little 7 Williams :• Biscayne m g. Sound • :• arbour 180 ST. MaulLake e N i •y PointO iIP • . POlN7FSToA m i •. o • LEGEND0 ,, Q y ..-: Maule •:zs.a '' Lake t t ' Roadways i a _ __ City Boundary ZIP Code Boundary i? • Railroad . , - �( 1 c J I 1 Exhibit#2 Location Plan J.EGAL 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 27129" 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 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 53140" 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 1921" 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 51105" 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 Exhibit 3 01-CU-17 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 1129" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST UNE 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 2524" 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 5622" 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 29111" 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 0222" 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 UNE 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 0121" 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 5026" 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 1921" 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 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 ;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 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 UNE 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 0755" EAST ALONG SAID EASTERLY RIGHT-OF-WAY UNE 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 5026" 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 0721" 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 FEED; 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 0721"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 0721"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 0721" WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST UNE, 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 5 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 32155" 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 58154" 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 2574" 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 ADDmON, 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 UNE 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 1928" 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 4434" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING. 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'=r„:„3_3 "_e,t., to ..k ....-tr{r c-- 'w. :49.:2,-," 'r eL,-_o.-a"r r n . '::C."t..: I I t s 4:env cc e.411.99,: -RLIT'-? ,..3'.v[.7 1e✓L'•..9.Ci C•.. y-1+..v j h:""r.k`.r 30”19"-'r"^ rf.:' t•S'. _j '."4 itIT:a=.r-5 co-:alt- anA:ni-..:ran. 7.E✓?::4er,S},e'::_,e SVr.nl?s ,•1047 i.r. .nn:.'rill 3'G ""e^1,`es,'a•rY_"SY!` (•I :t..'I'r...r .;3.t:a C''r.;•r iS+S v .y._ rY t :ffyn.±+i2 ..4. -t--...!-:,.- w I: {ea:Ac- y.•-.reef ' Name Relatiotis,11p tee Attorneys A'[Avez^: :antscApe ;rhge.^:5 E.npsre•s mnFts'= l-;r Daniel Pena 3--a-d CIre n; Reresentative Brion S. Auer ,Attorney Dan rrortin Engine erSnrvevor NCn.:C ASV STATEMCY OR RE PRESFN7ATtON MADE BY ANY F'EPSON LSI LOON tHE APPLICANT REPRESENTATIVE AF:IDAVvT SIAL: BE BIkDAFT !IPO%THE IMAVA%JAL OR ENT TY Aep,v1,, FOR THE DEVELOPMENT PEW?AND THE OWNER OF 'HF $U@ lit! Pkr)PErr!` APPLY:AN/5 AND AFT-ANTS ARE ADVISED TO 'v V' SuPPL lAtte THIS AF=IUAVIF PURSUANT :O.SIC 31-v(BJ(Z QV! DF THE CITY'S LAND )LVELOPMCNT RCGI.IIATIC)NS lb TIN T Clfv COOL. !N 1He EVENT tkAT PRIOR TO CC/NS+Uf RATAN Of THE APTLCATION BY ''JE CIT' BOARD OR COMMIS.SII N THC INFORMA::ION PROVIDEDlr.Till AFFIDAVIT 3f COMES INCORRECTDRIFiCC i'LCTE - c: TaaC iZEC RE?R EN-a' =:':.R?_aC-k' :rIaVEL' Ck, ' Y '� Lillnv_ _ _ ._._ — '�aaT- _`Pgari4Y�C_'i ell ire: / , G. t, arre - -- - I '.t _. J1'4 ILA{Aar __ r, __-__. A:o e5•, 34 34` NEV 2—'{ Av,e -_gess .. -Fi': F :;VRIDA Ca,'i"'y 5;44.F4.'7AOEi :N!hOt rlic ne U!4c'GQrVC ae:lhcrty 'molar y ar.cearec F�Q-.1,L.y C •-,c± Its ire etar:283 tvewerza1' a o: the 1/41::1tt fin' Int Ter'' o' 'lie 2,ruciary suttee, t: tie az rcat,o^ *iv ne a ','Sr t: 'le `Jr� vc-r Orr(•1_SUBS tr elk'', Ina! -es-Fe eAe',tled lis 4R'ICar ED-?le 9tlT+nes S:ate7'.newe ann na: 1s hat e'I:':vI e _J !.-f Att1 r. SING-RN-C .V.,: S.,ESC?SSc BEFCREt1_ ntsL4^av a- H th,Cl j_ 1°is,_1 7 t JItl-...I.rAi -_ r ;a.')'PLt :State RA*A:-a";' 7-,twee Name D'4ccar __ Mr rc erarev IIM$Ot, Is. , NID[A BARRIGA� in COMMI5sio\r FFS.E•?B4 ( !_,.., E):vaFs oc�tcr C' 2t,9 im:. " BUSINESS RELATIONSHIP AFFIDAVIT" ••� This Affidavit is made pursuant to Section 31-71(b)(2)(h)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark with Sc'applicable portions only) [X]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: []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; [Hi. 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 2'( DAY OF PareavH 2017. APPLICANT R R EN ATIV€: Q{''� f By: G \ • I t (Signature) Name: Daniel Pena Giraldi (Print) Title: (Print) WITNESS MY HAND THIS-21-i DAY OF rEeC 1112-y 2017. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Before me,the undersigned authority,personally appeared,Daniel Pena GiraldI the Afrpn(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. �. ( ` ' ;i \ J Daniel Pena Giraldi SWORN TO AND SUBSCRIBED before me thisZy day of F (iKc My2017. Ljli Notary Public State of : - NIDtA BARRIGA ii f 'O�r1 �Ya�Li�-LAC? ' MY COMMISSION 0 F t. F925194 f Footed Name of Notary IG 1.--? (10,1c; My commission expires. EXPIRES October 07,2(119 I td'7)3W-0r 53 FIo allofarysawicoryr, MIAMI 5336388.1 73190/10719 WITNESS MY HAND THIS ` l }t; h DAY OF - 6.--C'd ,2007 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By _ .. (Sgnature) By_ (Signature Name: Brian S.Adler (Punt) Name: (Print) Title: Attorney t p ` (Print) Title: (Punt) By: ` v (Signature) BY: _ (Signature Name. Daniel Pena Giraldi (Print) Name: _ (Print) Title: 11‘ (Pant) Title: _ (Print) By: (Signature) By: (Signature Name: _(Print) Name: (Print) Title: _ (Punt) Title: (Print) By: (Sgnature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: _ (Punt) By: (Signature) By: (Signature Title: (Print) Title. (Print) Title: (Print) Title: _ _ (Print) By: (Signature) By: (Sgnature Title: (Print) Title _ _._(Print) 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. 3l-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. BUSINESS RELATIONSHIP AFFIDAVIT* Oh,of 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) [ 11. 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. [X ]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: Robert L. Shelley (List name of Commissioner or Advisory Board Member)who serves on the City Commission (List City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as follows: r]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; [J 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 venture 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; [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; [X]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 thetusiness ofthe Applicant or Representative in a given calendar year. i- G_ WITNESS MY HAND THIS1 DAY OF t" I-C(-, ( .L ,2017. APPLICANT REPSSEN.7A-TI\E: By: (Signature) Name: Brian S.Adler (Print) Title: Attorney (Print) WITNESS MY HAND THIS i DAY OF -.a L' L2017. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Before me,the undersigned authority,personally appeared,Brian S.Adler the Affiant,who being first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. Brian S.Adler SWORN TO AND SUBSCRIBED before me this/ day of /�('-+/42017. {/- „„----7/' U// (kms/ ' i?._("Iv/ I l' r- (k ,. Notary RibilC tate of -'1.41111111Pr - _,..0(.1% Notary Pudic State of Florida Printed Name of Notary Eloise Esther n°"°'"'-°�e= My commission expires: t. i My C.ommisson FF 132228 v4.Cee ti Exgrcs e"-J'2u18 MIAMI 5343215.1 73 'I r ' NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority.personally appeared Brian S.Adler the Affiant who•;,4 • ,by me duly swan,did swear or affirm that he/she exearled this Affidavit for the purposes stated therein and that it is true and coned. AFFIANT • SWORN TO AND SUBSCRIBED before me tar'_ day Fir,;y=200 -•7 • Nda7PutYC Slat• • FloridaAt bargee r�-' Notary Pudic State of Flonda Printed Name of Notary j • Elomsa Esther Borroto-Lopez My commission expires:_, _ .iityCnmmatanonlan2A_ STATE OF FLORIDA torn' Expires 07232018 COUNTY OF MIAMI I • • Before me,the undersigned authority, 1),appeared Daniel4i,If Pena GirIALaffirm that being first by me duly swan,did swear a at he/she executed this Affidavit fa the purposes stated therein and issue and correct. t AFFIAN — �•� ��_.. . �n SWORN TO AND SUBSCRIBED before me this day of ne>t_ M-4 0p_17 L ick Notary Public State of Aflame l,Lt R t�. fl c _ _ Printed Name of Notary --'-- -------------My mmmion expires. 01,I ? m STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Bare me,the undersigned authority.personally appeared ..__.. . _ _the Affiant,who being first by me duly swan,did swear or affirm that he/she executed this Affidavit for the purposes slated t eren and Mat it is true and cored. AFFIANT SWORN TO AND SUBSCRIBED before me this_ _day of,... __. ,200_ Notary Pudic State of Flonda At Large Pnnted Name of Notary My commission expires: ----- STATE OF FLORIDA ) ----- --------------- --- COUNTY OF MIAMI-DADE) Before me.the undersigned authority,personally appeared_—..... _.. _ the Mani who being first by me duly swan,did swear a affirm that he/she executed this Affidavit for the purposes stated Therein and That it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this __.day of -- ,200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ __ BUSINESS RELATIONSHIP AFFIDAVIT* �r Maas 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) [X]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: [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$25,090.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND IE Ir` 1_DAY OF /#14C-C t ,2017. APPLICANT REP' SENTAT1VE: /- (Signature) I Name: Dan Fortin.Jr. (Print) Title: Engineer/Surveyor (Print) WITNESS MY HAND THIS DAY OF ,2017. STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me,the undersigned authority,personally appeared,Dan Fortin,Jr.the Affiant,who being fir y by me lsworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. .' A • Dan Fortin,Jr. SWORN TO AND SUBSCRIBED before me this'/• day of/ 14,4,-O- r,2Q17. ! �) 6 P1 4.0•t Notary Public State of Florida NotaryPublic St to of �,�/ ''�'i/F" Susan P Kay '/��4,77 y r My Commission FF 970972 (LS /G�-/� +.Fa Pdlt' Expires 09/06/2020 Printed Name of Notary P My commission expires: C� C G ) MIAMI 5358390.2 82979/84658 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT A COCKTAIL LOUNGE WITHIN THE PUBBELLY SUSHI RESTAURANT TO BE ESTABLISHED IN TENANT SPACE #936 OF THE AVENTURA MALL EXPANSION AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, PBS Aventura LLC, doing business as Pubbelly Sushi, through Application No. 01-CU-17, is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at a cocktail lounge within the Pubbelly Sushi restaurant to be established in Tenant Space #936 of the Aventura Mall expansion; 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 allow the sale and service of alcoholic beverages at a cocktail lounge within the Pubbelly Sushi restaurant to be established in Tenant Space #936 in the Aventura Mall at 19501 Biscayne Boulevard, legally described as Tract R and part of Tract Q, Aventura Sixth Addition, according to the plat thereof as recorded in Plat Book 120 at Page 20 of the Public Records of City of Aventura Resolution No. 2017- Miami-Dade County, Florida, is hereby granted exclusively to the applicant subject to the following conditions: 1. This approval shall be granted exclusively to PBS Aventura LLC, doing business as Pubbelly Sushi, in Tenant Space #936 in the Aventura Mall expansion and may not be transferred to another owner and/or operator of the restaurant. 2. Alcoholic beverages shall be sold and served only in conjunction with service of food. 3. Customers will not be permitted to remove the individual glass of alcoholic beverage or any open container from the restaurant, but may purchase sealed bottles for off- premises consumption pursuant to the applicable State liquor license. 4. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages 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 at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 5. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00 a.m. the following day. 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. 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 alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. Section 2. The City Manager is authorized to cause the issuance of permits in Page 2 of 4 City of Aventura Resolution No. 2017- accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. 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 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 3 of 4 City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 4th day of April, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2017. CITY CLERK Page 4 of 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMO' • NDUM TO: City Commission FROM: Eric M. Soroka, I vt-CM City Manager BY: Joanne Carr, AIC', Community Developme� irector DATE: April 4, 2017 SUBJECT: Request of Regency Centers LP for Conditional Use Approval to establish beer and wine package sales within the proposed CVS store at the Regency Centers commercial plaza currently under construction at 2962 Aventura Boulevard, City of Aventura, notwithstanding the spacing and distance requirements for the sale and service of alcoholic beverages pursuant to Section 4-2(a) and (b) of the City Code (02-CU-17) April 4, 2017 City Commission Meeting Agenda Item LD RECOMMENDATION It is recommended that the City Commission approve the conditional use application to establish beer and wine package sales within the CVS store in the Regency Centers commercial plaza currently under construction at 2962 Aventura Boulevard, Aventura, subject to the following conditions: 1. This approval shall be granted exclusively to the CVS pharmacy/drug/sundries store in the Regency Centers commercial plaza at 2962 Aventura Boulevard, City of Aventura. 2. The use shall be established within twelve (12) months of the date of the approved resolution, or the approval granted herein shall expire, unless extended by motion of the City Commission at the written request of the applicant. 3. The sale of wine and beer shall be established in conjunction with the proposed CVS pharmacy/drug/sundries store. This conditional use approval shall terminate in the event the pharmacy/drug store/sundries use is not established or is terminated. 4. The applicant shall obtain a state license for package sales only with no consumption on premises permitted. 5. The sale of alcoholic beverages shall be terminated in the event that the City Commission determines, after a public hearing, that the operation has created and/or may tend to create a disturbance to the community. A public hearing shall be set if the City Manager finds probable cause to believe that a disturbance has been created, based upon complaints received or the City Manager's observation. 6. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4-3 of the City Code. THE REQUEST The applicant, Regency Centers LP, is requesting Conditional Use approval to sell beer and wine in the CVS pharmacy/drug/sundries store currently under construction in the commercial plaza at 2962 Aventura Boulevard, notwithstanding the spacing and distance requirements for the sale and service of alcoholic beverages of Section 4-2 (a) and (b) of the City Code. (See Exhibit#1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Regency Centers LP APPLICANT Regency Centers LP on behalf of CVS Pharmacy ADDRESS OF PROPERTY 2962 Aventura Boulevard, City of Aventura (See Exhibit#2 for Location Map) SIZE OF PROPERTY: Approximately 8.595 acres (entire plaza site) CVS Store Lease Area is 0.59 acres LEGAL DESCRIPTION Part Tract "G", Aventura Second Addition, Plat Book 99, Page 21 of the Public Records of Miami-Dade County, Florida, City of Aventura (See Exhibit#3 for complete legal description) Zoning — Subject Property: B2 Community Business District Properties to the North: B2 Community Business District and RMF4 Multifamily High Density Residential District Properties to the South: B2 Community Business District Properties to the East: CF Community Facilities District Properties to the West: B2 Community Business District and Existing Land Use — Subject property: Commercial Plaza (recently demolished and under 2 Reconstruction) Properties to the North: Commercial Plaza & Residential Condominium Properties to the South: Regional Mall Properties to the East: Office/Bank Building Properties to the West: Regional Library 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 and Medium-High Density Residential Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office The Site - The subject site formerly contained a one story commercial plaza, which has been demolished and is under reconstruction. Redevelopment of the site was approved through Administrative Site Plan Approval issued by the City on October 14, 2015. The reconstruction includes a 57,917 square foot Publix grocery store over a one story parking garage in the southern portion of the site, three one story retail buildings ranging from 417 square feet to 7477 square feet each in the center of the site and the 14,188 square foot CVS store subject of this application at the northern portion of the site. The approved site layout is attached as Exhibit #4 to this report. The Project - CVS will occupy the 14,188 square foot pharmacy/drug/sundries store once construction is complete and a Certificate of Occupancy is issued by the City. It proposes to use approximately 10 square feet of shelf space for beer sales and 34.17 square feet of shelf space for wine sales, as shown on the floor plan attached as Exhibit #5 to this report. A liquor package store is a permitted use in the B2 zoning district; however, conditional use approval is required due to the distance and spacing requirements of Chapter 4 of the City Code. Section 4-2 (a) and (b) of the City Code establishes certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that no premises shall be used for the sale and service of alcoholic beverages to be consumed on or off premises unless it is located at least 1500 feet from a place of business having an existing liquor license (and not one of the uses excepted from the spacing requirements) and 2500 feet from a religious facility or school. It allows certain exceptions detailed in Section 4-2(e) of the City Code and noted below in the analysis of this request. The applicant does not meet either the spacing requirements or the exception conditions and therefore requires conditional use approval. The Aventura Police Department has confirmed that it has no crime prevention concerns with this proposed use. 3 ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This store is located within property with a Business and Office land use designation which permits commercial uses. 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 is requesting conditional use approval for the sale of beer and wine from a proposed pharmacy/drug/sundries store. Chapter 4 of the City Code, regulating the sale of alcoholic beverages, requires certain spacing and distance requirements from religious facilities and schools and from other establishments selling alcoholic beverages. Section 4-2 (a) and (b) of the City Code prohibits the sale of alcoholic beverages for on- premises consumption at locations closer than 1,500 ft. from another place of business having an established alcoholic beverage use (and not one of the uses excepted from the spacing requirement), or where the place of business is less than 2,500 feet from a religious facility or school. The liquor survey submitted by the applicant shows 2 non- exempted establishments selling alcoholic beverages within 1,500 feet, those being the Winn-Dixie Liquor Store in the Promenade Shops Plaza and the Walgreens Pharmacy on Aventura Boulevard, 1 religious facility and 2 private learning centers within 2,500 feet of the proposed use, those being the Aventura Turnberry Jewish Center on NE 30 Avenue, KLA Preschool and Miami-Dade College Learning Center in the Promenade Shops Plaza. The liquor survey is attached as Exhibit#6 to this report. Section 4-2 (e) of the City Code provides for ten exceptions to these spacing and distance requirements. An establishment selling alcoholic beverages is exempt from the 1,500-foot and 2,500-foot spacing distances if it falls within one of the following categories: 1. A private club conforming to the requirements of a private club as stated in the State Beverage Law. The proposal does not meet this definition for exemption. 2. Restaurants in the 81, 82, TC1, TC2 and TC3 zoning districts which serve cooked, fully course meals daily prepared on the premises and which provides alcoholic beverages service only to persons seated at tables. The proposal does not meet this definition for exemption. 3. Cocktail lounges in restaurants where the restaurant seats 200 or more patrons at tables or counts and occupies more than 4000 square feet of floor space. The proposal does not meet this definition for exemption. 4 4. Beer and wine for off-premises consumption as a grocery item, from grocery stores and meat markets. The CVS store is primarily a pharmacy/drug/sundries store, and although it does sell some grocery items, it is not considered as grocery store; therefore, it does not fall into this exemption category. 5-10. Bowling alleys with restaurants, hotels and motels with at least 100 guest rooms, golf course clubhouses and refreshment stands, tour boats, tennis clubs and indoor racquetball clubs, and not-for-profit theatres with live performances and 100 seats. The proposal does not meet any of these definitions for exemption. Criteria According to Section 31-73(c) of the City's Land Development Regulations, a Conditional Use request is evaluated using the following criteria: 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the Comprehensive Plan. The establishment is to be located on a parcel with business and office land use designation which permits commercial uses. 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 request for sales of wine and beer within existing shelf space inside the proposed pharmacy/drug/sundries store will not be detrimental to or endanger the public health, safety or general welfare. The applicant advises that CVS has taken measures to assure that any beverage containing alcohol will be sold in a responsible and appropriate manner. The applicant advises that CVS employees will undergo training prior to beer and wine availability at the store, that CVS' policy is to request identification for any customer who appears to be under the age of 40 and that only employees 21 years of age and older will handle the beer and wine products. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The request for wine and beer sales within the proposed pharmacy/drug/sundries store is consistent with the business community character of the immediate neighborhood. The store is to be located in a commercial plaza and adjacent to a grocery and other commercial/retail stores. 5 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. 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 Land Development Regulations. The proposal to add wine and beer sales within the proposed store will not affect the adopted levels of service. 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 store is accessed by way of entrances and exits to Aventura Boulevard and NE 29 Avenue, as approved on the site plan attached as Exhibit#4 to this report. The proposed use will not affect approved ingress and egress. 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 beer and wine sales on 45 square feet of shelf space in the proposed 14,188 square foot pharmacy/drug/sundries store 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 sale of wine and beer is proposed on shelfing within the tenant space; therefore, there will be no visual impact of the proposed use on adjacent property. 6 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT SUMMARY SHEET April 4,2017 APPLICATION NUMBER PUBLIC HEARING DATE 02-CU-17 April 4,2017 APPLICANT/PROPERTY OWNER PROPERTY ADDRESS/LOCATION Regency Centers LP 2962 Aventura Boulevard,City of Aventura BRIEF SUMMARY OF REQUEST •` ---- -- ,.V},, . V. Conditional Use Approval to sell wine and beer in the proposed CVS 5 na,i � /1, Pharmacy in the commercial plaza that is currently under construction -A at Aventura Boulevard and NE 29 Avenue. '' ` " ! c'° I' y. .f ,� j�ti ; 7 , ' 4,...--:,_'''..11" k al, . The proposed pharmacy/drug/sundries store has 14,188 square feet a �, 1 of floor space. The application is to sell beer in approximately 10 a j n .a ` iii,i ` \ __''5, .. square feet of floor space and wine in approximately 34 square feet of111 II 4 SIP'' • '1:., - "` floor space. ; jp , ki .,. Chapter 4 of the City Code regulates the sale and service of alcoholic .ter . " = '"i beverages. Conditional Use Approval is required because the ,: �` f . establishment does not meet the distance and spacing requirements of Sections 4-2(a) and (b) of the City Code and is not one of the exemptions listed in Section 4-2(e) of the City Code. MAP SOURCE EXISTING ZONING EXISTING LAND USE SURROUNDING ZONING SITE IMPROVEMENTS SIZE OF PROPERTY &LAND USE B2 Business and Office Existing plaza was Overall Parcel is Community Business B2, CF and RMF4 demolished. 8.595 acres District Reconstruction is approved CVS Lease Area is and underway 0.59 acres rviSTAFF RECOMMENDATION APPROVE WITH CONDITIONS TYPE OF APPLICABLE EVALUATION STAFF ANALYSIS OF CONDITIONS OF APPLICATION SECTION OF CITY CRITERIA CRITERIA APPROVAL CODE Conditional Use Section 31-73(c) 7 evaluation criteria Criteria met 6 conditions of approval Approval analyzed in staff report recommended by staff ATTACHMENTS STAFF REPORT LETTER OF INTENT LOCATION PLANS LEGAL DESCRIPTION PROPOSED FLOOR LIQUOR SURVEY APPLICANT BUSINESS PLAN REPRESENTATIVE RELATIONSHIP AFFIDAVIT AFFIDAVITS PROPOSED RESOLUTION BERCOW RADELL & FERNAN DEZ ZONING, LAN ID USE ANS ENVIRONMENTAL LAW DIRECT LINE: 305-377-6238 E-MAIL: mmarrero(a)brzoninglaw.corn MAR - l 2017 VIA FACSIMLE AND E-MAIL _ (71 ., February 28, 2017 Ms.Joanne Carr Community Development Director City of Aventura 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Letter of Intent - Conditional Use Approval for CVS - Regency Centers; Sale of Beer & Wine Dear Joanne: This law firm represents Regency Centers, LP (the "Applicant"), with regard to an application to approve a conditional for the new CVS Store at the Regency Center located at 2962 Aventura Blvd (the "Property"). The Applicant seeks to sell beer and wine in the CVS, as is done in all similar stores throughout the country. However, the City Code requires a conditional use approval since there are other retail stores that sell beer & wine within 1,500 feet of the Property as required by Section 4-2 of the City Code. The Applicant is seeking a conditional use approval in order to sell beer & wine at the Property. While the CVS is certainly not a liquor store or primarily in the business of selling alcohol, the sale of beer & wine to its customers is an important part of their business as they offer a wide array of products and services to their customers. Pursuant to the City's Land Development Regulations, the following standards should be considered when reviewing a request for conditional use approval: (1) The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan, specifically the Business & Office designation. Exhibit 1 SOUTHEAST HNAZ.' 02-CU-17 AMI, FLORIDA 33131 PI MA Ms. Joanne Carr February 28, 2017 Page 2 (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 sale of beer and wine at a CVS is not something that would .be detrimental to or endanger the public health, safety or general welfare. Sale of beer & wine at supermarkets and similar establishments is common throughout the City. (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; The Property is in very close proximity to the Aventura Mall, and several other shopping centers - including one with a similar Walgreens use that also sells beer & wine. The CVS is intended to service the commercial customers of the City, but more importantly to service the many residents of the City nearby. (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 requirements of theses LDRs; The sale of beer & wine at this location should not have no impact on any adopted levels of service or infrastructure issues. (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 sheets; The site plan has already been approved and the project is permitted. This supplemental request should therefore have no impact on ingress, egress or traffic. (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and There is nothing to suggest that the approval of this request will have any detrimental effect in the ability of surrounding properties to develop for uses permitted in their zoning districts. BERCOW RADELL&FERNANDEZ ZON I NQ. LANC. 113E ANC, ENVIRONMENTAL LAW Ms.Joanne Carr February 28, 2017 Page 3 (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The site plan has already been approved and the project is permitted. This request is solely for a use approval not for any design issues. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238. Sincerely yours, Michael J. Marrero BERCOW RADELL&FERNANDEZ ZO N IN o. LA.NO USE ANO E NV I F 0 NI IN E FIT"I_ LAW BR . ' COUNTI BROWACO runt TYr7'*LTi a7Ssn 77: IIIIMsSII UM MIR DADE COUNTY • I eirwraw!VT LTVTavlVT• • Gulfstream MACH— LUB DR. • or Park ■ • MARINA • • COVE ■ • Arrnnrr✓ Q. HARBOR C RCLE • • Hospital WAY • • &Medical jf iii RsIJAY • Center (ti < __Le"tN� •• •• CI d IL> . • cc) Waterways ._J� • �0 WATERWAYS Shoppes 207 ST. • ■ , w • • a > COUNTRY CLUB DR. • The c°'v 205 ST. M • • Promenade m- • • Shops rnn CO O • ■ • IVES DAIRY RD. • 203 ST - 0,),:(4. • • I - IN a Tqlkii : d • I • _' ■ 201 TER. N mo Turnberry lrle • m • vD. m Resort&Club • w • AVENTURA 0�- . U • •Location of Proposedley • o 1. Fire 11 • '• Rescue Aventura i CVS Pharmacy Station Library a - --P.r. O" it • • 0 > 2 • A OU ¢ W¢ . • • Aventura Mall ' • • • O YACHT J2 • City of Aventura we ti • /. Government CenterMA • WY' lin • 192 ST. WILLIAM- • 192 ST. _ 191 ST TICQ •• w to • X ■ Laehnrann's • Ci 0 • Fashion ui -' 3 • !nand ¢ -- • m • a) 18OCT. . 2 N • Q MIAMI • 187 ST 33180 • U GARDENS DR. * I - _ _ _ • 0 33 60 ;• Will +�►'• Dumfoundling Bay • Atlantic .1� c' • Octan 41 Williams • Little Z 2 • Biscayne Hartle m Sound a :a. arbour 180 ST. Lake N a �: Point is � Etatri • 4 'lamp g _. . 2• a :a P. .7 _ I os; a • x 1 LEGEND N O t ? Moult ,:,P� L • I ` Roadways • • r — •— City Boundary i • r `" -- ZIP Code Boundary 1 Railroad • • • •• ` ) II . \ • • - y IExhibit#2 02-CU-17 EXHIBIT#3 02-CU-17 LEGAL DESCRIPTION OF THE PROPERTY A tract of land lying in both Section 34, Township 51 South, Range 42 East, and Section 3, Township 52 South, Range 42 East, Dade County, Florida, and being a portion of Tract G, AVENTURA SECOND ADDITION, as recorded in Plat Book 99, Page 21, of the Public Records of Dade County, Florida, more particularly described as follows: Commence at the intersection of the center lines of Aventura Boulevard and West Country Club Drive, as shown on the Plat of the Third Addition Biscayne Yacht and Country Club, as recorded in Plat Book 92, Page 84, of the Public Records of Dade County, Florida; thence S82°36'41" along the center line of Aventura Boulevard of 249.71 feet to a point of curvature to a curve that is concave to the southeast; thence S7°23'19" East on a radial line to said curve for 73.00 feet to a point of curvature on the southerly right-of-way line of said Aventura Boulevard; thence southwesterly along the said right-of-way line, the same being a curve concave to the southeast, having a radius of 3746.72 feet and a central angle of 1°28'37" for 96.58 feet to the Point of Beginning of said parcel of land; thence S2°40'32" East for 933.47 feet to a point; thence 587°19'28" West for 350.00 feet to a point, thence North 13°08'55" West for 469.40 feet to a point of curvature to a curve that is concave to the northeast; thence along the arc of said curve, having a radius of 810.00 feet and a central angle of 22°21'09" for 316.00 feet to a point of reverse curvature to a curve that is concave to the northwest; thence along the arc of the last described curve having a radius of 414.45 feet and central angle of 12°10'45" for 88.06 feet to a point on a curve on the southerly right-of-way line of Aventura Boulevard, thence northeasterly along said right-of-way line, the same being a curve concave to the southeast, having a radius of 3746.72 feet and a central angle of 6°33'19" for 428.87 feet to the Point of Beginning •get.10,...U.Wimi SatA•neme 9.1.,••C•••••komtC-,20 TR PLY,An.,25.05,4 0*1.59•• 4.S 005,,..0702.5-WI OuP.0.2.........K.C-,05 055•Ifith• .-- !Pill 111211 i /1/1111 1 ill : _,...........-'----------- —= ---- _---- - ____-.----.-'"-.----- -------. — _,...,‘,....,--.V0,0 ------- -- - — „-----7,----- 1 • i i - Krus s-rs -------. , p.ve ;vale' ---_---- —- ' i .;•; ;4 ; ;gr I 3 . - 4 t.', (.1s, -....-.=---- -- Vii' $ .- --44rPt---r— s'!.1 IL.' 11 1,...1g111111111111114- .i.i.r.‘1-116;;;11:.1i- z---,-.:Iffr--- ill! _---- ._ : 2 g .- 2, i! ‘.. 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RsqY uQr f.iliw�d{rdn er IM IrwlNrdon of IFe ropor3 duo wd Ploce of W einewlYloVIM MaanN 0411.16,IPdnl of Ino rro. e9loue tel• 3. �Nools:&rem IM Imnl door d Ne p Pbw W SVMMN to me mom(pant M IM wM19,a,wow.. ,,,,4 Gew-� �� Ili �� A Soon O&MCNIS ARF BASFO OX ls& OSIIRCES ,■ 6 MERE ARE SCHOOLS ANO RELIGIOUS FKNIIES NNW A 2,644 Y001 RADR5 AS 910441,ABOVE. -TN'''- . . .. ■ ■ CERTIFICATgN TTY. Er■ 1,nvNnlwv.A 37.303L'w1NeeO INS HedW.Ib alfialm arN wbNdiWN0.antl IMY wcce,Nwa,asepna aM 9ranlae _ reYNA NAM' CKO V bwra11c4 Company F1� NON AT RAW LLP . IiiiiMM- - - FORT N,LEgV S LES,NC' --'. g -___ daY CVS.LLC.,o FW.Nrtpted lio}WY comm. u _,� SI/RVEVOR'S(AT¢ICATION: 1 19/'?Y anti1Y 1MI U•`=: of =!or owesad L'Vu"Scans1 of 1Re o Ve derar;eed PraPerl) and Nel C.To Jr.For Tn. 1 b 104 NI al mY 4n0e,bda and Mhel e r PrYoposed CVS/PM1erlmacy atPAventure-Regency laiiiiM Sung:,end Ywper.L56435 rilipliM I Slab of FlWido CITY OAF AVENTURAENWT.000E COUNTY.LORIDA 9°. APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(bX2)(i)of the City of Aventura Land Development Code.this Applicant Represenleeve Affidavit is hereby ma and submitted. The undersigned authorized representative of the individual or entity applying for the Development Perms,which is identified In the accompanying eppMralion,and the owner of the property subject to the application(if different)hereby lists end identifies all persons representing the individual or entity implying for the Development Permit In connection with the application,as follows: Name Relationship 0.e.Attorneys,Architects,Landscape Arc Reels,Engineers,Lobbyists,Etc.) Don ort ,) 3r, S unit / r DUsfin cfeV4n1 -Tr.nsmd, .,n . I )4-1 f urn 0 07 (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 _DAY OF_ _,200 AUTHORIZER - — •TIV€.DEA2QLICANTi OWNER By c By. ( 't•;w•) sv A) (Sgnatre)��s;1C, Name: I its I (re A. Name:.QaU) MAXINfi� (PIM) (Puna Title: Q Id nrr R _ Tide: vile a>der-Z� Address: ��...�,1tPSb Address:3eo) ?CA swig s+e 0z M t n rt 3 if 11 Pa1M Bud+ 6,14aeovrI FL 339/v STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) AA Before me the undersigned authority personally appeared PPuI M,'(wt II as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by me duly sworn, dial swear or affirm that he/she executed Ws Affidavit for the purposes staled therein and that A is true and coned. � A IANT SWORN TO AND SUBSCRIBED BEFORE ME this Sday of 04,1014– Notary 4,c: 14-Notary Public State of Fl At Large Il Printed Name ofNotary I L.0 1N5 My commission expires: a O Notary Prrttic sem a PortAlsop CWNna NTMy Cemmlulee GO 009625 "' Expkas0QW6/.'021 BUSINESS RELATIONSHIP AFFIDAVIT" This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventara Land Development Code. The undersigned Affiant hereby discloses that; (mark with'x'�applicable portions only) b{1. Want 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. 112. 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) Mho serves co the (List City Commission or Cay Advisory Board upon which member serves). The nature of the Business Relationship is as follows: I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Appicant or Representative: I)ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not fisted on any national or regional stork exchange)or joint venturer with the Appicant or Representative In any business venture; (I Iii The Appicant 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 lor the same employer as the member of the City Commission or Board; Div iv A City Commissioner or Board member is a Client of the Applicant or Representative: I 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 Board(or his or her employer)In a given calendar year, I I 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 200, APPLICANT; By-. �'— (Sigealwe) Name; /gra Fel/ J MPert"o yq)ei Title: Ail (drae/ (A'S) WITNESS MY HAND/ THIS �`d DAY OF Hata( ,MIT PROPERTY OW ::yam/ Name: Title: vete- P,,cJG (Pius) 'The terms 'Business Relationsltip" ClieM,' "Customer,' Applkant" "Representative'and interested Person"are defined in Section 2-395 of the Avenlwa City Code. \d `sod WITNESS MY HAND THIS a-) DAY OF l rl e it ti ,20,7 REPRESENTATIVE: isled on Business Relationship Affidavit) By:` (Sgnature) By: (Signature Name: /141 414 J. itinne Pring Name: (Print) Title: F 4-St rt, (Print) Tale: (Pang By: / (Signature) By: (Signature Name: (Piing Name: (Print) Title: (Pring TiUe: _ (Print) By: _ (Signature) By: (Signature Name: _(Print) Name: (Print) Title: (Pring Title: (Pring By: (Signature) By: (Signature Title: _ (Piing Title: (Print) Title. (Print) Title: (Print) By:. (Signature) By: (Signature Title: (Pring Title: (Ping Title: (Print) Title: (Print) By: (Signature) By: _._(Signature Title: (Print) Title: (Print) Title: (Ping Title: (Pring • 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(bg2)(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. 'tn V WITNESS MYNANO THISZZ DAY OF 140 L ,20k. REPRESE TI • If ed Relationship Affidavit) By: (Signeawe) By. (Signature • Narne:WJtil S-kvfn) (Frump Name:__ (Print) Tllle: i'"f•fu/-A.47 (Patty tile: _ (Pani) By: (Slgneaue) By_ _(Signature Name: (Pri7p Name: (Primp TBIe. _Print) Title: (Print) By: (Signature) By: (Signature Name: _(Fria) Name-_ (Print) Title: _(Pat/ Title:_ __jPt)n!) Br.. - ._(Signature) By._._ (Signature Me:.____- (Mht) Tele: _ _(Print) The: (Pia) Title: (Pm) BY.__ _(Signature) By:_ (Signature Title (Pont) TIIIa._— (Pimp Title: (Pira) rule:_ - - __ - (PrIn0 Br (Signature) By: (Sfgnature Title: (Pia) Titre'_ _ - _ — — —(Pang Me: (Pont) The, (Pint) - 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.31-7 1(11)(2)(1v)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. STATE OF FLORIDA ) NOTARIZATION PROVISION COUNTY OF MAMIAAOE) Baba me,Me undersigned augustly,personally appeared/a{,(/IT K6)404 ale ANin 'ng nil by me duly swan,did sweet a efirm IMO hWahe executed this AtWt bribe Ripon slated Mersa end Ma It k WB end correct. M- FIANT AA SHORN TO AND SUBSCRIBED odors me Ulna/9 day of OT.200_ /JnO, /,', ea - I M+my.PubeeSWeqiFI�piS Al Large Nobly Public Stale of Ronde (IS4✓1..(Uyd f(15. Mesh CoIIIn@ died Nems el Ndwy p MY Commission 0G 080526 M,oanmomn sapeet or' I >ns ne Expires 021052021 STATE OF FLORIDA 1 COUNTY OF MAM-0ADE) Bebe me,Me undersigned aumoiy,personally appeaed _ _ me Agent Who being first by me duly swan,did swell a an Mal he/she Wealascus d mii eal for the purposes sinned therein end Ma Ills lam aid earned. AFFIANT SWORN TO AND SUBSCRIBED tetra me this _day d 200_. Navy Pubic Sala&Fail&Al Lenge - PAaedFin;ofNaYry My commission expkes: STATE OF FLORIDA ) .. ....-.-_..._...»._........_.... COUNTY OF MJAMI•DADE) Bebe me,Me undersigned auMaay,personally appeared _ _ _cue Agent who being Ind by me duly swan did swear a Aim Ma he/she eeaded this MAadl b the purpwea slated therein and Mete is We and correct AFFIANT - - - - SWOIBl TO AND SUBSCRIBED belay me Mls__,day e _ ,200: Notary Podic Slee of Fblda giallo Printed Neale al Notary __ My00r1eRtdabrexpke9__ -- STATE OFFLORIDA ) ...__.._.._....._.�..�._..._......... MONTY OF MIMM•DADE) Belie me,Me undersigned authority.wearily weans _ _ the Newt who being MN by me duly swan.did swear a gem mel helshe wewaledaasAMdeail for Ibepurymes staled Bares is We end Mata e are cared. AFFIANT - - SWORN TO AND SUBSCRIBED before me Des (My of __ — ,200- Notary Wsfic Siete o Fadde AI Loge Prided Noma of Hoary I My ocmmiuin eepees._ - fllr red NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MMMI-DADE) Before me,the undersigned authority,personally appeared Pitt An/ MITtMM Mai who be' Fust by me duly sworn,did WNW or affirm Mat helshe executed this Affidavit fa the purposes slated therein end that it is true and correct. AF N90SWORN TO AND SUBSCRIBED before me this r day ol!Ys1K ' ,20(3 Av d`W Notary Public State of Florida Notary:- Slate Florida Al Largo '� 1]knaRamos Way_Slate=-Al 4^ My Commission FF 207710 Primed Nave of Notary \\\ �..,� Ewpiros 0e/10/2010 My=missal expires: efboll/ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the ANam,who being first by me duly sworn.did swear or affirm that helshe executed this Affidavit For the purposes staled therein and that itis true and correct. AFFIANT SWORN TO AND SUBSCRIBED bobs me this _day ol-__ _ ,2W- Notary Pubic State of Florida At Large Printed Name of Notary My commission a Aires:- — STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned autoriy,personally appears __ - —the Allam,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 he and correct_ AFFIANT SWORN TO AND SUBSCRIBED before me tis_ day of _ _ . -,200_ Notary Public State of Florida At Large Prnted Name of Notary _. ---- Mymmhssionexpires. — _. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personalty appeared_._. _ _. _ _ the ABwni,who being first by me duly sworn,did swear or eNm that helshe executed thisANdart for Ne purposes slated therein and that it is true and correct AFFIANT — _ SWORN TO AND SUBSCRIBED before me this- .day of ,_ _- -,200_ Notary Pubic Sure of Florida At Large Printed Name of Notary My commission expires.. — _. �..e .4001 NOTARIZATION PROVISION STATE OF FLORIDA )� COUNTY • Bebre�me,he)on�delaigned amid Panda*appeaed DV _JTT_VlS he AGM sew b'9 fiat byes n.dd wear o aim that hehhe dated Ids ANadlfor Me pewees elated these end Mel sits We and cared. �1 1A_ A poor- _ _ AND SWORN TO SUBSCRIBED befall melateZ L day ofJ('YiArEO,.L� ",, GLENDALOPEZ xay�Wyw F �t . Colnndsebn 0 FF 189022 —C7JG csi4 F ili1; -¶,¶ Expires February 20,2019 — ^.Yn�SA° BwYe1MTM'r na s aswe6Ra fndNemo of JI•� aaaMaamex ..Y CTATE OF FLORIDA ) OUNTY OF MIAMLDADE) Sae me.theodst(Medeulhody,pasondyeppeaed _ — __MCANnlwho being Frol by me duly swom,ddssat or dean MMMl bee • emitted Ode Skidoo!br les purposes Meted Mere* and Meld M We and tenant SWORN TOANO SUBSCRMEO hakes meth day of _.—.700_ NOUw Publ N SUB of Fbdde Al Lime Pealed Named Nosy - Mycommission antes — — STATE OFFLORIDA ) COUNTY OF MIAMIOADE) Belle ma,the umfdspnedaMdly,pesonely appeared _ _ _the Mart who being hat by me Any sworn,did swear of aim Ma halshe aocuted MUANdad for the imposes Meled therein aMNet Ills nue and mler . SWORN TO ANO SUBSCRIBED below me Iles_ .day of _ __ .200_. Notary PUNK Mere of fbmh Al Lalge Primed tianeolNdary My onevssii casket_ STATE OF FLORKIA ) • COUNTY OF MWN•MDE) Bebe me,Me undersigned entorly,pawrdy appeared__— — _ _ the Maw who heag reed by me duly sworn did swear oaten WM he/she weaned Ow AMdnuil los Ihepeiposes Waled herein and that ah Welted cored AFFIANT — -- — — SWORNTOMIOSUBSCRIBEObeUreIlehs , .dayol _ _ ,200_ Nary Pu*Diet;oTFada M Large Pdrled Name di/Notary' — Mycomrdsdmr expires.. `r d `r BUSINESS RELATIONSHIP AFFIDAVIT" 1s a,r This Affidavit is made pursuant to Section 31-71(b)(2)(0)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark with 5r applicable portions only) [X11. Afflant does Dg1 have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application Ml be presented. [ 12. 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 Clly Advisory Board upon which member serves). The nature of the Business Relationship is as follows: ()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; 110. 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; (1 Ili. 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; O iv. A City Commissioner or Board member is a Client of the Applicant or Representative; 11 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$10000.00 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. WITNE' • MY HAND THI ZPr' DAY OF M A•fee f I ,2017, A ICANT- ••ESEN�j : A�� �� Signature) eme: Dan Fortin,Jr. (Print) rife: Enaineer/Sunevor (Print) WITNESS MY HAND THIS DAY OF ,� t C tc ,2017. STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Before me,the undersigned authority,personally appeared,Dan Fortin.Jr.the Attent le‘' me- r a affirm that he/she executed this Affidavit for the purposes slated therein and that it is We and coared. Sir Dan Fortin,Jr. 1 SWORN TO AND SUBSCRIBED before me fhb day of :' r2. .2017. /Ji ar' ' Neth'Public State of Florida Public Stere ol, r ( J//4/)---/ Susan Sa `�-i D `- AT MY Commission FF 970977 Printed Name of Notary Ir er nor Expires G4/08/2020 . My commission expires L It'L / , ,14) MIAMI 5358390.2 82979/84658 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE OF BEER AND WINE AT THE CVS STORE LOCATED IN THE COMMERCIAL PLAZA AT 2962 AVENTURA BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b) OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Regency Centers LP, through Application No. 02-CU- 17 is requesting conditional use approval to permit the sale of beer and wine in the proposed CVS pharmacy/drug/sundries store in the commercial plaza at 2962 Aventura Boulevard, City of Aventura, notwithstanding the spacing and distance requirements of Chapter 4, Section 4-2(a) and (b) of the City Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; 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 herein. 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 of wine and beer in the proposed CVS pharmacy/drug/sundries store in the 82 zoning district is hereby granted, subject to the conditions set out in this Resolution, on property legally described as a part of Tract "G", Aventura Second Addition, according to the Plat thereof recorded in Plat Book 99, Page 21, of the Public Records of Miami Dade County, Florida, City of Aventura, more particularly described in Exhibit "A" to this resolution. Section 2. Approval of the request above is subject to the following conditions: 1. This approval shall be granted exclusively to the CVS pharmacy/drug/sundries store in the Regency Centers commercial plaza at 2962 Aventura Boulevard, City of Aventura. City of Aventura Resolution No. 2017-_ 2. The use shall be established within twelve (12) months of the date of the approved resolution, or the approval granted herein shall expire, unless extended by motion of the City Commission at the written request of the applicant. 3. The sale of wine and beer shall be established in conjunction with the proposed CVS pharmacy/drug/sundries store. This conditional use approval shall terminate in the event the pharmacy/drug store/sundries use is not established or is terminated. 4. The applicant shall obtain a state license for package sales only with no consumption on premises permitted. 5. The sale of alcoholic beverages shall be terminated in the event that the City Commission determines, after a public hearing, that the operation has created and/or may tend to create a disturbance to the community. A public hearing shall be set if the City Manager finds probable cause to believe that a disturbance has been created, based upon complaints received or the City Managers observation. 6. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4-3 of the City Code. Section 3. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 4. 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 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 2 of 4 City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 4th day of April, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2017. CITY CLERK Page 3 of 4 City of Aventura Resolution No. 2017- EXHIBIT 'A' LEGAL DESCRIPTION OF THE PROPERTY A tract of land lying in both Section 34, Township 51 South, Range 42 East, and Section 3, Township 52 South, Range 42 East, Dade County, Florida, and being a portion of Tract G, AVENTURA SECOND ADDITION, as recorded in Plat Book 99, Page 21, of the Public Records of Dade County, Florida, more particularly described as follows: Commence at the intersection of the center lines of Aventura Boulevard and West Country Club Drive, as shown on the Plat of the Third Addition Biscayne Yacht and Country Club, as recorded in Plat Book 92, Page 84, of the Public Records of Dade County, Florida; thence S82°36'41" along the center line of Aventura Boulevard of 249.71 feet to a point of curvature to a curve that is concave to the southeast; thence 57°23'19" East on a radial line to said curve for 73.00 feet to a point of curvature on the southerly right-of-way line of said Aventura Boulevard; thence southwesterly along the said right-of-way line, the same being a curve concave to the southeast, having a radius of 3746.72 feet and a central angle of 1°28'37" for 96.58 feet to the Point of Beginning of said parcel of land; thence 52°40'32" East for 933.47 feet to a point; thence S87°19'28" West for 350.00 feet to a point, thence North 13°08'55" West for 469.40 feet to a point of curvature to a curve that is concave to the northeast; thence along the arc of said curve, having a radius of 810.00 feet and a central angle of 22°21'09" for 316.00 feet to a point of reverse curvature to a curve that is concave to the northwest; thence along the arc of the last described curve having a radius of 414.45 feet and central angle of 12°10'45" for 88.06 feet to a point on a curve on the southerly right-of- way line of Aventura Boulevard, thence northeasterly along said right-of-way line, the same being a curve concave to the southeast, having a radius of 3746.72 feet and a central angle of 6°33'19" for 428.87 feet to the Point of Beginning Page 4 of 4 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City Manager BY: Brian K. Raducci, Finance Director DATE: March 3, 2017 SUBJECT: Mid-Year Ordinance Amending 2016/17 Budget 1st Reading March 7, 2017 City Commission Meeting Agenda Item —] 2nd Reading April 4, 2017 City Commission Meeting Agenda Item P RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2016/17 budget. The total amount of each fund's budget amendment is outlined below. BACKGROUND As you may be aware, the City normally amends the budget at mid-year to: • recognize actual fund balance amounts carried over based on the prior year's audit, and to • re-appropriate the balances in capital outlay projects which were not 100% complete by the end of the prior fiscal year. The need to re-appropriate unspent capital accounts and to recognize the actual fund balances at September 30, 2016 to the 2016/17 budget will also be addressed in my memorandum which will accompany the Commission's electronic package containing the Comprehensive Annual Financial Report. In addition, there are a couple of items that have come to our attention that require an adjustment and some things that were recently approved formally or by consensus that now require a corresponding budget amendment to provide the necessary funding. For simplicity, the following narrative addresses all of the items discussed above in "Fund/Account Number sequence" in terms of how they appear on the adjacent Budget Amendment Schedule. 1 GENERAL FUND (001) Revenues and Expenditures — a net increase of$217,401, respectively Items 1, 2 and 7 will be funded from additional Carryover in the amount $217,401 described below, while items 3, 4 and 5 will be funded by an offsetting reduction to the capital reserve in the amount of$3,887,906. 1. To provide $75,000 worth of additional funding to the Community Services Department for Lands/Tree Maint. Svcs — Parks to fund: a. $12,000 for sod at the Dog Park due to greater than anticipated usage. b. $63,000 due to additional costs related to the opening and maintenance of Peace Park. 2. To provide $150,000 worth of additional funding to the Public Works/Transportation Department for Lands/Tree Maint. Svcs — Streets to fund: a. $40,000 for plant removal and replacement due to salt water intrusion into the water source used by our irrigation system. b. $110,000 due to additional costs which were not considered in the original budget due to the Community Services / Public Works/Transportation reorganization. 3. To re-appropriate $239,906 for capital outlay projects which were not 100% complete by the end of the prior fiscal year (i.e., computer equipment — Information Technology). 4. To provide $148,000 to complete the major software upgrades in the Community Development Department which began in the prior year's budget. 5. To provide $3,500,000 as approved at the February 9, 2017 Commission Meeting, to purchase a two (2) acre parcel adjacent to the western property line of Waterways Park on NE 213th Street from Gulfstream Park Racing Association, Inc. 6. To reduce the Capital Reserve by $3,887,906 to fund items 3, 4 and 5. 7. To decrease Non Departmental/Transfers to the debt service funds as follows: a. Fund 230 - $95 b. Fund 250 - $7,504 (for a total of$7,599) This amendment allows the City to recognize and utilize actual fund balances from the two-related debt service funds (as described below), based on the prior year's audit. 2 SPECIAL REVENUE FUNDS POLICE EDUCATION FUND (110) Revenues and Expenditures — a net increase of$2,836, respectively To recognize and re-appropriate a Carryover in the amount of $2,836 based on the prior year's audit in order to provide for additional Training. TRANSPORTATION AND STREET MAINTENANCE FUND (120) Revenues and Expenditures— a net increase of$2,006,600, respectively To recognize and re-appropriate additional Carryover in the amount of $2,006,600 to fund the three (3) projects below as well as to adjust the Capital Reserve budgeted line item. These projects were in process and not 100% complete by the end of the prior fiscal year: 1. To provide $85,000 to fund the continued operations of the Silver Route for the remainder of FY 2016/17 that was discussed at the February 16, 2017 Commission Workshop. This operational expense will be funded from Transportation Mitigation Impact fees. 2. To re-appropriate $238,000 for a Road Resurfacing project (i.e., NE 191st Street) that was in process at September 30, 2016. 3. To re-appropriate $250,000 for Street Lighting Improvements (i.e., NE 30th Avenue between NE 203rd Street and NE 207th Street) that was in process at September 30, 2016. 4. To re-appropriate $239,900 for Transportation System Improvements (i.e., Country Club Drive Flashing Pedestrian Crossing Signs) that was in process at September 30, 2016. 5. To increase the Capital Reserve budgeted line item by a net amount of $1,193,700 in order to adjust it as a result of the post-audit budget amendments described above. 911 FUND (180) Revenues and Expenditures— a net increase of$14,019, respectively To recognize and re-appropriate additional Carryover in the amount of $14,019 based on the prior year's audit in order to provide for additional capital reserve. 3 DEBT SERVICES FUNDS DEBT SERVICE FUND SERIES 2010 & 2011 (230) (Revenue Reclassification of$95— net effect is $0) To recognize and re-appropriate a Carryover in the amount of $95 based on the prior year's audit and to simultaneously reduce the transfer from the General Fund by $95 for a net effect of$0. DEBT SERVICE FUND SERIES 2012, Charter School Land (250) (Revenue Reclassification of$7,504— net effect is $0) To recognize and re-appropriate a Carryover in the amount of $7,504 based on the prior year's audit and to simultaneously reduce the transfer from the General Fund by $7,504 for a net effect of$0. CAPITAL PROJECTS FUND (392) Revenues and Expenditures— a net increase of$311,736, respectively To recognize and re-appropriate additional Carryover to fund the project below. To re-appropriate $311,736 worth of NE 188th Street Park Improvements which were in process and not 100% complete by the end of the prior fiscal year. STORMWATER UTILITY FUND (410) Revenues and Expenditures— a net increase of$2,154,235, respectively To recognize and re-appropriate additional Carryover in the amount of $2,087,089 to fund the three (3) projects below as well as to adjust the Capital Reserve budgeted line item. These projects were in process and not 100% complete by the end of the prior fiscal year: 1. NE 213th Street and NE 183rd Street Seawall $1,387,880 2. NE 191st Improvements $650,000 3. Stormwater Master Plan/Environmental Assessment $49,209 To recognize and re-appropriate additional Carryover in the amount of $67,146 based on the prior year's audit in order to provide for additional capital reserve. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR/bkr 4 ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2016-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2016/2017 FISCAL YEAR BY REVISING THE 2016/2017 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; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2016/2017 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2016-13, which Ordinance adopted a budget for the 2016/2017 fiscal year, by revising the 2016/2017 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2017- Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2016. The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its adoption on first reading. This motion was seconded by Commissioner Landman, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Marc Narotsky Yes Mayor Enid Weisman Absent The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2017- PASSED on first reading this 7th day of March, 2017. PASSED AND ADOPTED on second reading this 4th day of April, 2017. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit A FY 2016/17 Budget Amendments GENERAL FUND (001) 2016/17 2016/17 2016/17 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover $ 17,304,056 $ 217,401 $ 17,521,457 SUBTOTAL $ 17,304,056 $ 217,401 $ 17,521,457 Total Amendments - Revenues $ 217,401 Expenditures Community Services(5001-539) 3452 Lands/Tree Maint. Svcs-Parks $ 425,000 $ 75,000 $ 500,000 SUBTOTAL $ 425,000 $ 75,000 $ 500,000 Public Works/Transportation (5401-541) 3450 Lands/Tree Maint. Svcs-Streets $ 685,000 $ 150,000 $ 835,000 SUBTOTAL $ 685,000 $ 150,000 $ 835,000 Capital Outlay/Information Technology(8012-513) 6401 Computer Equipment>$5,000 $ 381,469 $ 239,906 $ 621,375 SUBTOTAL $ 381,469 $ 239,906 $ 621,375 Capital Outlay/Community Development(8040-524) 6402 Computer Equipment<$5,000 $ 93,500 $ 148,000 $ 241,500 SUBTOTAL $ 93,500 $ 148,000 $ 241,500 Capital Outlay/Non-Departmental (8090-590) 6101 Land Acquisition/Purchase $ - $ 3,500,000 $ 3,500,000 6999 Capital Reserve 16,575,911 (3,887,906) 12,688,005 SUBTOTAL $ 16,575,911 $ (387,906) $ 16,188,005 Non Departmental/Transfers(9001-581) 9123 Transfer to 1999 Debt Service Fund (230) $ 1,197,175 $ (95) $ 1,197,080 9125 Transfer to 2012 Debt Service Fund (250) 404,542 (7,504) 397,038 SUBTOTAL $ 1,601,717 $ (7,599) $ 1,594,118 Total Amendments - Expenditures $ 217,401 Page 1 of 4 Exhibit A POLICE EDUCATION FUND (110) - 2016/17 204117 2016/17 OBJECT ADOPTED AMENDED REVISED CODE CAT-; BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover S - $ 2,836 $ 2,836 SUBTOTAL $ - $ 2,836 $ 2,836 Total Amendments - Revenues $ 2,836 Expenditures Public Safety(2001-521) 5450 Training $ 6,000 $ 2,836 $ 8,836 SUBTOTAL $ 6,000 $ 2,836 $ 8,836 Total Amendments - Expenditures $ 2,836 TRANSPORTATION AND STREET MAINTENANCE FUND (120) 2016/17 2016/17 2016/17 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover $ 1,287,308 $ 2,006,600 $ 3,293,908 SUBTOTAL $ 1,287,308 $ 2,006,600 $ 3,293,908 Total Amendments - Revenues $ 2,006,600 Expenditures Public Works/Transportation -54-541 3455 Enhanced Transit Services $ 745,000 $ 85,000 $ 830,000 6305 Road Resurfacing 288,000 238,000 526,000 6307 Street Lighting Improv. 400,000 250,000 650,000 6341 Transportation System Improv. - 239,900 239,900 6999 Capital Reserve 539,473 1,193,700 1,733,173 SUBTOTAL $ 1,972,473 $ 2,006,600 $ 3,979,073 Total Amendments - Expenditures $ 2,006,600 911 FUND (180) 2016/17 2016/17 2016/17 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover $ - $ 14,019 S 14 019 SUBTOTAL $ - $ 14,019 $ 14,019 Total Amendments - Revenues $ 14,019 Expenditures Public Safety(2001-521) 6999 Capital Reserve $ - $ 14,019 $ 14,019 SUBTOTAL $ - $ 14,019 $ 14,019 Total Amendments - Expenditures $ 14,019 Page 2 of 4 Exhibit A DEBT SERVICE FUND SERIES 2010 & 2011 (230) 2016/17 2016/17 2016/17 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3811001 Transfer from General Fund $ 1,197,175 $ (95) $ 1,197,080 3999000 Carryover - 95 95 SUBTOTAL $ 1,197,175 $ - $ 1,197,175 Total Amendments - Revenues $ - DEBT SERVICE FUND SERIES 2012 CHARTER SCHOOL LAND ACQUISITION (250) 2016/17 2016/17 2016/17 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3811001 Transfer from General Fund $ 404,542 $ (7,504) $ 397,038 3999000 Carryover - 7,504 7,504 SUBTOTAL $ 404,542 $ - $ 404,542 Total Amendments - Revenues $ - CAPITAL PROJECTS FUND (392) 16/17 2016/17 2016/17 OBJECT ADOPTED AMENDED REVISED CODE I'�� BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover-Community Services $ 742,847 $ 311,736 $ 1,054,583 SUBTOTAL $ 742,847 $ 311,736 $ 1,054,583 Total Amendments - Revenues $ 311,736 Expenditures Community Services (5001-572) 6325 NE 188th Street Park Improvements $ 616,075 $ 311,736 $ 927,811 SUBTOTAL $ 616,075 $ 311,736 $ 927,811 Total Amendments - Expenditures $ 311,736 Page 3 of 4 Exhibit A STORMWATER UTILITY FUND (410) 2016/17 2016/17 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover $ 110,798 $ 2,154,235 $ 2,265,033 SUBTOTAL $ 110,798 $ 2,154,235 $ 2,265,033 Total Amendments - Revenues $ 2,154,235 Expenditures Public Works/Transportation -54-538 6306 Drainage Improvements $ 339,000 $ 2,087,089 $ 2,426,089 6999 Capital Reserve $ 301,002 $ 67,146 $ 368,148 SUBTOTAL $ 640,002 $ 2,154,235 $ 2,794,237 Total Amendments - Expenditures $ 2,154,235 I`I Page 4 of 4