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06-14-2017 Regular Commission Meeting Agenda
City Commission Enid Weisman, Mayor Howard Weinberg, Vice Mayor Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, 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 JUNE 149 2017 Following the Local Planning Agency Meeting at 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: None 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: May 2, 2017 Commission Regular Meeting May 18, 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 CITY OF NORTH MIAMI FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Meeting Agenda June 14, 2017 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA SUPPORTING THE GOALS OF ACTIVE DESIGN MIAMI: DESIGN AND POLICY STRATEGIES FOR HEALTHIER COMMUNITIES AS DEVELOPED BY THE MIAMI CENTER FOR ARCHITECTURE AND DESIGN (MCAD); DIRECTING STAFF TO CONTINUE TO INCORPORATE ACTIVE DESIGN STRATEGIES INTO PLANNING FUNCTIONS AS FEASIBLE; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 17- 04-25-2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY STREETS AND FACILITIES TO STONE CONCEPT MIAMI INC., METRO EXPRESS INC., THE PAVING LADY, AND WEEKLY ASPHALT PAVING INC. AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 17- 05-04-2, CITY OF AVENTURA CUSTODIAL SERVICES FOR AVENTURA CITY OF EXCELLENCE SCHOOL TO UNITED SERVICES INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; 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. 6. MOTION — PUBLIC HEARING: A MOTION TO ESTABLISH RESIDENCY/ADMISSIONS POLICY FOR PROPOSED AVENTURA CHARTER HIGH SCHOOL 7. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)c. OF THE CITY CODE TO ALLOW A REDUCED FRONT YARD SETBACK OF 39.9 FEET WHERE A MINIMUM 50 FOOT FRONT YARD SETBACK IS REQUIRED, AND GRANTING APPROVAL OF MODIFICATION OF VARIANCE TO SECTION 31-144(f)(4)d. OF THE CITY CODE TO ALLOW OPEN SPACE OF 18.1% WHERE OPEN SPACE OF 21.8% WAS APPROVED THROUGH RESOLUTION NO. 2016-20 Page 2 of 5 Aventura City Commission Meeting Agenda June 14, 2017 AND 33% IS REQUIRED BY CODE, AND GRANTING APPROVAL OF MODIFICATION OF VARIANCE TO SECTION 31-144(f)(4)d. TO ALLOW A FLOOR AREA RATIO OF 1.56, WHERE A FLOOR AREA RATIO OF 1.38 WAS APPROVED THROUGH RESOLUTION NO. 2016-20 AND 1.28 IS PERMITTED BY CODE; ALL FOR A THREE STORY EXPANSION TO THE SOUTH TOWER OF THE AVENTURA HOSPITAL AT 20900 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)c. OF THE CITY CODE TO ALLOW A REDUCED FRONT YARD SETBACK OF 23.5 FEET WHERE A MINIMUM 50 FOOT FRONT YARD SETBACK IS REQUIRED, AND GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)c. OF THE CITY CODE TO ALLOW A REAR YARD SETBACK OF 10 FEET, WHERE A MINIMUM 25 FOOT REAR YARD SETBACK IS REQUIRED BY CODE; GRANTING VARIANCE TO SECTION 31-172(c)(2) OF THE CITY CODE TO ALLOW A DRIVEWAY SEPARATION OF 38.2 FEET, WHERE A MINIMUM SEPARATION OF 150 FEET IS REQUIRED BY CITY CODE; AND GRANTING VARIANCE TO SECTION 31-144(f)(4)d.3. OF THE CITY CODE TO ALLOW LOT COVERAGE OF 45%, WHERE A MAXIMUM LOT COVERAGE OF 40% IS PERMITTED BY CODE, ALL FOR A 5 STORY, 506 PARKING GARAGE ON THE NORTH PORTION OF THE AVENTURA HOSPITAL AND MEDICAL CENTER CAMPUS FRONTING ON NE 211 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES - FIRST READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 2.0 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED NOVEMBER 8, 2006 MADE BETWEEN GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND THE CITY OF AVENTURA TO EXTEND THE TERM OF THE AGREEMENT FROM JULY 7, 2017 TO JULY 7, 2024, TO REVISE EXHIBITS "A" AND `B" TO THE AGREEMENT WITH NEW LEGAL DESCRIPTIONS FOR THE RECONFIGURED B2 DISTRICT AND MO DISTRICT PARCELS, TO ADD THE 2.0 ACRE CONVEYANCE TO THE CITY AND TO AMEND THE VEHICULAR ACCESS RESTRICTION TO AND FROM NE 213 STREET, ALL RELATING TO PARCELS OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET, EAST OF BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 5 Aventura City Commission Meeting Agenda June 14, 2017 9. ORDINANCES - SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-21, DEFINITIONS, TO REVISE THE DEFINITION OF OPEN SPACE; BY AMENDING SECTIONS 31-144, BUSINESS ZONING DISTRICTS AND 31-145, TOWN CENTER ZONING DISTRICTS, TO ADD ADOPTED AMENDMENT TO CHAPTER 14, GREEN BUILDING PROGRAM FOR CONSISTENCY AND CROSS- REFERENCE; BY AMENDING SECTION 31-143(d), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3), AND SECTION 31-143(e), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3A), AND SECTION 31-143(f), MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICTS (RMF4) AND SECTION 31-143(g), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT (RMF3B) AND SECTION 31-144, BUSINESS ZONING DISTRICTS, AND SECTION 31-145, TOWN CENTER ZONING DISTRICTS, TO AMEND THE MAXIMUM SIZE OF ABOVE GROUND EMERGENCY FUEL STORAGE TANKS; BY AMENDING SECTION 31-191, SIGN REGULATIONS GENERALLY, TO ADD A NEW TEMPORARY SIGN AND TO DELETE MURALS; BY AMENDING SECTION 31-221, LANDSCAPING REQUIREMENTS, TO UPDATE THE SECTION FOR CONSISTENCY WITH MIAMI-DADE COUNTY CODE; BY AMENDING SECTION 31-232, SUBDIVISION DESIGN STANDARDS TO CLARIFY APPLICABILITY OF THE SECTION AND TO ADD BICYCLE STORAGE FACILITIES AS A REQUIRED DESIGN STANDARD; BY AMENDING SECTION 31-233, ARCHITECTURAL DESIGN STANDARDS, BY ADDING REGULATION FOR MURALS; BY AMENDING SECTION 31-238, ACCESSORY USES, TO AMEND REGULATIONS FOR AWNINGS AND CANOPIES AND ADD REGULATIONS FOR PORTE-COCHERES AND SUN SHADE DEVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED AVENTURA CHARTER HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2017/18 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITYAND PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTIONS — PUBLIC HEARINGS: None 11. REPORTS 12. PUBLIC COMMENTS State Representative Joseph "Joe" Geller State Senator Daphne Campbell 13. OTHER BUSINESS: None Page 4 of 5 14. ADJOURNMENT Aventura City Commission Meeting Agenda June 14, 2017 FUTURE MEETINGS* COMMISSION WORKSHOP — JUNE 22, 2017 AT 9 AM EXECUTIVE CONFERENCE ROOM (5TH FLOOR) COMMISSION MEETING — JULY 17, 2017 AT 6 PM COMMISSION CHAMBER COMMISSION WORKSHOP — JULY 18, 2017 AT 9 AM EXECUTIVE CONFERENCE ROOM (5TH 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 Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. Page 5 of 5 The CitAy of CITY COMMISSION REGULAR MEETING MINUTES Aventura Government Center ventura MAY 2, 2017 19200 W. Country Club Drive Aventura, Florida 33180 FOLLOWING LOCAL PLANNING AGENCY MEETING AT + -- 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:12 p.m. The roll was called and the following were present: Mayor Enid Weisman, 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. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the Local Planning Agency Meeting. 3. ELECTION OF VICE MAYOR: After nomination by Commissioner Shelley, seconded by Commissioner Dr. Marks, and unanimously approved, Commissioner Howard Weinberg was elected Vice Mayor, for the next six-month period. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None 5. SPECIAL PRESENTATIONS: • Employee Service Awards: Mr. Soroka and Chief Steinberg presented Major Michael Bentolila (20 years) with a recognition certificate and a token of appreciation for the completion of a milestone year of service with the City. • Proclamation — Chief Steven Steinberg Day: Mayor Weisman and the Commission presented Chief Steinberg with a proclamation commending his achievements and in recognition of his retirement after over 20 years of service with the City. • Proclamation — Porto Vita/Magen David Adorn Day: Mayor Weisman presented Porto Vita resident Wendy Ellison with a proclamation in recognition of the Porto Vita community residents' contribution of a Magen David Adorn ambulance to the State of Israel. Ms. Ellison provided comments. • "State of the City" — Mayor Weisman: Mayor Weisman presented the State of the City for 2017, including projects, initiatives, and goals. 6. 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 Vice Mayor Weinberg, seconded by Commissioner Mezrahi, and passed unanimously by roll call vote. The following action was taken: Aventura City Commission Meeting Minutes May 2, 2017 A. Minutes were approved as follows: • April 4, 2017 Commission Regular Meeting • April 20, 2017 Commission Regular Meeting • April 20, 2017 Commission Workshop Meeting B. Motion was approved as follows: MOTION TO APPROVE ANNUAL APPROPRIATION FOR SCHOLARSHIP AWARD TO KROP HIGH SCHOOL STUDENTS. C. Resolution No. 2017-23 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- 03-30-2, AVENTURA LED STREET LIGHT FIXTURE SUPPLIER TO WORLD ELECTRIC SUPPLY, INC. AT THE BID PRICE OF $958,000; 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. D. Resolution No. 2017-24 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- 04-05-2, NE 183RD STREET SEAWALL RESTORATION TO KIEWIT INFRASTRUCTURE SOUTH CO. AT THE BID PRICE OF $1,043,660; 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. 7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None. 8. ORDINANCES - FIRST READING — PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-21, DEFINITIONS,TO REVISE THE DEFINITION OF OPEN SPACE; BY AMENDING SECTIONS 31-144, BUSINESS ZONING DISTRICTS AND 31-145, TOWN CENTER ZONING DISTRICTS, TO ADD ADOPTED AMENDMENT TO CHAPTER 14, GREEN BUILDING PROGRAM FOR CONSISTENCY AND CROSS- REFERENCE; BY AMENDING SECTION 31-143(d), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3), AND SECTION 31-143(e), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3A), AND Page 2 of 5 Aventura City Commission Meeting Minutes May 2, 2017 SECTION 31-143(1), MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICTS (RMF4) AND SECTION 31-143(g), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT (RMF3B) AND SECTION 31-144, BUSINESS ZONING DISTRICTS, AND SECTION 31-145, TOWN CENTER ZONING DISTRICTS, TO AMEND THE MAXIMUM SIZE OF ABOVE GROUND EMERGENCY FUEL STORAGE TANKS; BY AMENDING SECTION 31-191, SIGN REGULATIONS GENERALLY,TO ADD A NEW TEMPORARY SIGN AND TO DELETE MURALS; BY AMENDING SECTION 31-221, LANDSCAPING REQUIREMENTS, TO UPDATE THE SECTION FOR CONSISTENCY WITH MIAMI-DADE COUNTY CODE; BY AMENDING SECTION 31-232, SUBDIVISION DESIGN STANDARDS TO CLARIFY APPLICABILITY OF THE SECTION AND TO ADD BICYCLE STORAGE FACILITIES AS A REQUIRED DESIGN STANDARD; BY AMENDING SECTION 31-233, ARCHITECTURAL DESIGN STANDARDS, BY ADDING REGULATION FOR MURALS; BY AMENDING SECTION 31-238, ACCESSORY USES, TO AMEND REGULATIONS FOR AWNINGS AND CANOPIES AND ADD REGULATIONS FOR PORTE-COCHERES AND SUN SHADE DEVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. The staff report and comments provided at the Local Planning Agency meeting for the item were included by reference. A motion to adopt the Ordinance was offered by Commissioner Narotsky and seconded by Commissioner Shelley. Community Development Director Joanne Carr explained the updates in the Ordinance. Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. The motion to approve the Ordinance was passed unanimously, by roll call vote. Mr. Wolpin read the following ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED AVENTURA CHARTER HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2017/18 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITYAND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Landman announced that she would be recusing herself from voting on the item (Item #8B) due to an appearance of a voting conflict, since she is employed by the School Board of Miami-Dade County, and left the room.1 'The Memorandum of Voting Conflict(Form B)for Commissioner Landman is attached to the minutes as required. Page 3 of 5 Aventura City Commission Meeting Minutes May 2, 2017 A motion to adopt the Ordinance was offered by Commissioner Dr. Marks and seconded by Commissioner Mezrahi. Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. Mr. Soroka explained the Ordinance and reported that a construction budget would be presented in the future for Commission review. The motion to approve the Ordinance was passed unanimously, by roll call vote. Commissioner Landman returned to the meeting. 9. ORDINANCES - SECOND READING/PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2017/2018 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion to adopt the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Narotsky. Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. The motion to approve the Ordinance was passed unanimously, by roll call vote, and Ordinance No. 2017-05 was adopted. Mr. Wolpin read the following ordinance by title: CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2016-08, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2016/2017 (JULY 1 — JUNE 30) BY REVISING THE 2016/2017 FISCAL YEAR Page 4 of 5 Aventura City Commission Meeting Minutes May 2, 2017 BUDGET DOCUMENT 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 adopt the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Landman. Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. The motion to approve the Ordinance was passed unanimously, by roll call vote, and Ordinance No. 2017-06 was adopted. 10. RESOLUTIONS — PUBLIC HEARING: None 11. REPORTS: Community Services Advisory Board Chair Jonathan Evans provided a report on the following upcoming events: Movie Night, Green Market, and Yoga in the Park. He discussed the recent Earth Day/Arbor Day Event and encouraged residents to attend and communicate about the events in Aventura. Commissioner Mezrahi invited everyone to attend the Venezuelan Business Club prayer in Aventura. 12. PUBLIC COMMENTS: The following members of the public provided comments: Victor May (9117 Froude Avenue, Surfside). 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Vice Mayor Weinberg, and unanimously approved; thus adjourning the meeting at 6:54 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on June 14, 2017. Page 5 of 5 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,ORCOMMITTEE Landman, Denise City Commission MAILING ADDRESS THE BOARD,COUNCIL COMMISSION,AUTHONrrY OR COMMITTEE ON 19200 W. Country Club Drive WHICH I SERVE ISA LIT OF: CITY COUNTY CITY OCOUNTY 0 OTTER LOCAL AGENCY Aventura Miami-Dade NAME OF POLITICAL SUBDIVISION: City of Aventura DATE ON WHICH VOTE OCCURRED MY IS: May 2, 2017 of a.ECTNE o APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city,or other local level of government on an appointed or elected board, council, commission,authority,or committee_It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-In-law. A"business associate' means any person or entity engaged In or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should Incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 88-EFF 112013 PAGE 1 Adopted by reference in Rub 34-7.010(1)(f,FAG. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and me it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Denise Landman ,hereby disclose that on May 2 20 17 (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, • _ inured to the special gain or loss of my relative, ! ✓ (would appear to have) The School Board of Miami-Dade County, Florida 4finured to the special gain or loss 0 by whom I am retained;or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting Interest in the measure is as follows: Agenda Item 8B of the May 2, 2017 City Commission meeting was an Ordinance to approve the creation of a fund and budget appropriation of$110,000. to provide funds and related expenses needed for the high school planning agreement for the proposed Aventura Charter High School between Charter Schools,USA, Inc. and the City of Aventura. My employer,The School Board of Miami-Dade County, is required to review and approve applications for City-sponsored Charter High Schools. Although I work in community and public relations for the school Board of Miami-Dade County, and neither my employer nor I will receive a special benefit if I had voted on this item, due to an appearance of a voting conflict, I left the room (and did not vote)when the item was heard by the City Commission. This is consistent with the Form 88 that I filed on April 27,2017. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys,a public officer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. < • Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8R-ERE 11)2013 PAGE 2 Adopted by reference in Rule 34-1.010(1)(fl.FAC. The City of CITY COMMISSION Aentuy eye WORKSHOP MEETING MINUTES Aventura Government Center �Y ra MAY 18, 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 Mayor Enid Weisman at 9:07 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Commissioner Gladys Mezrahi was absent. As a quorum was determined to be present, the meeting commenced. 1. YOUTH ADVISORY BOARD APPLICATION PROCESS UPDATE (City Manager/City Clerk: Mr. Soroka and Mrs. Horvath distributed and reviewed the news release and application form for the Youth Advisory Board, which were provided to the public via the web site, email blast, and social media, in addition to the Principal at Krop High School. The deadline to accept applications is June 2, 2017. City Manager Summary: No action - this item was provided for informational purposes. 2. AVENTURA HIGH SCHOOL UPDATE (City Manager): Mr. Soroka distributed and reviewed a timeline and process to open a new school. He reported that thus far an agreement had been entered into for the property but not closed on yet and the Commission had approved a planning agreement with Charter Schools USA (CSUSA) for the new Charter High School. Richard Page, Chief Impact Officer for Charter Schools USA (CSUSA), provided information on the application process and reviewed the draft mission and vision statements. Mr. Soroka reviewed the following preliminary information for the new Charter High School: estimated funding is $12 million (including construction), 800 student capacity, site will be located next to Waterways Park, a gym will be built at the current Waterways Park basketball court, and startup costs to be underwritten by the City ($6 million from reserves for construction and $6 million bank loan for other costs). Mr. Soroka discussed the preliminary transportation plan as it related to the high school as follows: buses would be provided for those living two miles away within Aventura, with those living within two miles utilizing the shuttle buses. Mr. Soroka clarified that the decision on the residency and admission policy would be discussed at the Commission Meeting on June 14, 2017 at 6:00 p.m. City Manager Summary: It was the consensus of the Commission to hold a Community Information Meeting on June 7, 2017 at 7:00 p.m. and to discuss the residency and admission policy at the Regular Commission Meeting on June 14, 2017. Aventura City Commission Workshop Meeting Minutes—May 18,2017 The following additional items were discussed: Mayor Weisman announced that she would have office hours on the next three Mondays, from 5:00 p.m. — 7:00 p.m., to meet with constituents. Other Commission members may also be attendance. Commissioner Narotsky also noted his availability to meet with members of the public. 3. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn the workshop meeting was offered by Commissioner Narotsky, seconded by Commissioner Landman, and passed unanimously; thereby adjourning the meeting at 10:07 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on June 14, 2017. Page 2 of 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, y .ger DATE: May 23, 2017 SUBJECT: Resolution Declaring Equipment 'urplus June 14, 2017 City Commission Meeting Agenda Item Sia 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 14th day of June, 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 Police Department Memorandum T0: Eric M. Soroka,Ci ana:er From: Bryan Pegues, ief of P b lice 0/'2 Subject: Surplus Property Date: May 19,2017 I would like to have the listed items,owned by the City of Aventura,declared Surplus Property as per City of Aventura APDP,Chapter 6,Subsection 5, Page 1, as these items have become inadequate for public purposes: Veh# Year Make/Model VIN 3871 2008 Ford, Crown Victoria 2FAFP71V28X140742 1854 2008 Ford, Crown Victoria 2FAFP71VX8X140732 2599 2005 Chevy Workhorse 5B4LP72G953399014 2537 2005 Chevy Expedition 1FMPU15585LA58999 3643 2006 Ford, Crown Victoria 2FAFP71W76X138474 3132 2010 Ford, Crown Victoria 2FABP7BV0BX123703 CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Karen J. Lanke, Information Technology Director DATE: June 6, 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 and Aventura City of Excellence School. Please let me know if you have any questions regarding this request. Attachments City of Aventura Computer Equipment Inventory Exhibit A • • Brand Model _ : Oy Serial Number Type Advidia A-200-P 6]58960]9 Speed Dome Camera Armada --- Verizon- - - —- APC _ Back-UPS 800 _ 5B0]44U01]15 _UPS __ APC Back-U 00 PS Pro] 361032%51614 UPS APC Back UPS Pro 700 381032%52615 _UPS APL Back-UPS Pro 700 3131032%52815 UPS APC Back-UPS Pro 700 381032%52836 UPS APC Back UPS Pro 700 361224%34831 UPS - --- APCBack-UPS Pro 700 - 381224%34W1 � UPS - __. . _ 24 APC I50R AS0930120224 UPS Battery _ APC _ 8UA16DORM2V _ _ _ A50930120224 UPS Battery Box of kyWeresBrother and speakers i.. - - _ _ nonr PJ-623 U62864259]60 Printer Canonl H12425 _ JLR048284 - Printer Del E13FP CN-0F717047606234-A63U Monitor Del E E6410s • CN-07170-47606-534-A633 Monitor Del E6430 1NYORY1 Laptop _ Del E6430 6ZB3CWI _ Laptop Del E6430 6ZB3CW1 Laptop Del E6430 NB3CW1 _ Laptop _. Del E6430 J0K20 Laptop _ _ Del Optiplex 7010 Desktop Del Optiplex 7010 H82JO 11 82JOW1 Desktop Del 0ptiplex 7010 H84POW1 Desktop Del Optiplex 755 C104NF1 _ Desktop Dell Optiplex 780 � 426]5P1 - Desktop Del _ Optiplex 790 _ 20NMW1 Desktop - Del Optiplex 790 20OMW1 Desktop Del OpOp'ex 790 _ 20RHW1 Desktop Del Optiplex 7$0 i.. 20RKvv1 1 Desktop Dell Optiplex 790 20SHW1 Desktop el _ Opt plex]90 205JWDesktop Del -- - - D - - Optiplex 790 205KWI — Desktop Del Optiplex 790 5224BY1 .- -- - Desktop _Del _ Optiplex 790 D5HN1 R1 :. Desktop Del Optiplex 790 DSLRIRI Desktop Del Optiplex 790 I D5LY1R1 • _ Desktop Del Opbplex0 H85WOW1 • - Desktop _ Del °palsies 90020 I - - - Desktop Del PowttEege R410FHTaKNI_ FHTDKNI Server Fan 1 HP C6723AM%02818185 I _ Printer VT5VT1 00 N ring to V26N1 41701922 _ Monitor Okidata D2200A AE9102419100 1 Printer Powerware PW5115 _ U%464A04I2 UPS Pokvarmare PW5115 _ UY301A0379 _ UPS Smart SB660 5012DWOi802] SmarBoard Smart 58X895 G012DW46F2555 1 Smrojedo Smart UF45bW NA I Projector Smart UX60 80120K09D0252 i_ Projector Sony EVI-100 1 102752 Color video Camera City of Aventura ACES Computer Equipment Inventory Exhibit B Brand Model Qty Serial Number Type Boxes Boxes 3 Boxes Keyboards Keyboards Brother Printer DCP 8080DN 1 U62269D0J377954 Printer Cables Cables 3 Boxes Power and VGA cables Cables Del 1708FPt 55M AA2X Monitor- _._ Del 1708FPt 55M ARCM Monitor _ Del 1708FPt 76D B556 ',1 Monitor Del 1708FP1 850 AAQ9 I _ Monitor Del 1708FPt 850 AAAA Monitor Del 1909Wb 0C4 5FDS Monitor Del 1909Wb 990 5V2L Monitor Del Latitude E5430 1LGDKXI ,, Laptop Del Latitude E5430 2LMDKX1 Laptop Del Latitude E5430 3MMDKX1 Laptop Del Latitude E5430 45FDKX1 Laptop Del 1 Latitude E5430 '. 4BFDKX1 Laptop Del I Latitude E5430 5MFDKX1 Laptop _ Del Latitude E5430 ! SMMDKXI , Laptop Del Latitude E5430 6MMDKXI Laptop Del Latitude E5430 ! 77HDKX1 Laptop Del Latitude E5430 7LMDKX1 Laptop ___... Del Latitude E5430 86FDKX1 Laptop Del Latitude E5430 94FDKX1 Laptop Del Latitude E5430 BBPCiKX1Laptop Del Latitude E5430 CLMDKX1 - Laptop Del Latitude E5430 DMMDKX1 Laptop Del Latitude E5430 F4FDKX1 Laptop Del Latitude E5430 '. G6HDKX1 Laptop Del Latitude E5430 ! GVMDKX1 Laptop Del Latitude E5430 HBFDKXI Laptop Del Latitude E5430 JLMDKX1 Laptop Del Optiplex 7010 ', 2G81Y12 Desktop _. —__... Del _ Optiplex 7010 ' 2GF1Y12 Desktop Del Optiplex 7010 2GFZX12 Desktop Del Optiplex 7010 ' 8GBT6Y1 Desktop Del Optiplex 7010 8GBW6Y1 Desktop Del Optiplex 7010 . 8GDT6Y1 Desktop Del Optiplex 7010 8GFV6Y1 Desktop Del Optiplex 7010 8GLT6Y1 . Desktop Del Optiplex 7010 8GZW6Y1 1 Desktop Del Optiplex 7010F5Y2V12 I Desktop Del Optiplex 7010 F6J0V12 Desktop Del Optiplex 7010 FTPD6V1 Desktop Del Optiplex 7010 FTPF6V1 Desktop. Del Optiplex 7010 I FTPJ6V1 Desktop Del Optiplex 7010 FTPK6V1 Desktop Del Optiplex 7010 FTPL6V1 Desktop Del Optiplex 7010 FTPM6V1 Desktop Del Optiplex 7010 FTQ36V1 Desktop Del Optiplex 7010 FTQ46V1 Desktop Del , Optiplex 7010 i FTQ66V1 Desktop Del -Optiplex 7010 I FTQ86V1 Desktop Del Optiplex 7010 I FTQB6V1 Desktop Page 1 of 3 6/6/2017 City of Aventura ACES Computer Equipment Inventory Exhibit B Brand Model Q y Serial Number • Type Del Optiplex 7010 FTQC6V1 ' _ Desktop Del Optiplex 7010 _ _ FTR36V1 Desktop Del Optiplex 7010 ' - FTR66V1 _ Desktop Del Optiplex 7010 FTR76V1 Desktop. Del • Optiplex 7010 FTR86V1 Desktop Del Optiplex 7010 FTRC6V1 I Desktop Del Optiplex 7010 - FTRG6V1 Desktop Del I Optiplex 7010 FTRJ6V1 i Desktop Del ' Optiplex 7010 FTS36V1 Desktop Del Optiplex 7010 FTS46V1 Desktop Del Optiplex 7010 FTS56V1 Desktop Del Optiplex 7010 FTS66V1 Desktop Del Optiplex 7010 FTS76V1 Desktop Del Optiplex 7010 FTS96V1 Desktop Del Optiplex 7010 FTSD6V1 Desktop Del Optiplex 7010 FTSF6V1 Desktop Del Optiplex 7010 FTSK6V1 Desktop Del Optiplex 7010 GNOM6V1 J Desktop Del Optiplex 7010 GNON6V1 ' Desktop Del Optiplex 7010 GNOS6V1 Desktop Del Optiplex 7010 GN1L6V1 Desktop Del I Optiplex 7010 GN1 M6V1 I Desktop Del Optiplex7010 GN1P6V1 Desktop Del Optiplex 7010 GN1Q6V1 Desktop Del Optiplex 7010 GN1R6V1 Desktop Del Optiplex 7010 GN1S6V1 Desktop Del Optiplex 7010 GN2H6V1 Desktop Del Optiplex 7010 GN2J6V1 Desktop Del Optiplex 7010 GN2K6V1 Desktop Del Optiplex 7010 GN2L6V1 Desktop _ . . Del _ Optiplex 7010 GN2N6V1 Desktop Del Optiplex 7010 GN2P6V1 Desktop •Del Optiplex 7010 GN2R6V1 Desktop Del Optiplex 7010 GN2S6V1 Desktop Del Optiplex 7010 GN3H6V1 Desktop Del Optiplex 7010 GN3M6V1 Desktop Del Optiplex 7010 I GN3P6V1 Desktop Del Optiplex 7010 GN3R6V1 • Desktop _ Del Optiplex 7010 GN3S6V1 Desktop Del Optiplex 7010 GN4J6V1 Desktop Del Optiplex 7010 GN4L6V1 Desktop • Del Optiplex 790 _ 2GCZX12 Desktop Del Optiplex 790 8VK5ZQ1 Desktop Del H Optiplex 790 8VL3ZQ1 Desktop Del Optiplex 790 8VL5ZQ1 ' Desktop Del Optiplex 790 SVMSZQI '. Desktop Del Optiplex 790 8VM6ZQ1 _. . Desktop Del Optiplex 790 8VN1ZQ1 Desktop Del Optiplex 790 _ BVN4ZQ1 _ Desktop Del Optiplex 790 8VN6ZQ1 Desktop Del Optiplex 790 BVP5ZQ1 Desktop _. . _. Del Optiplex 790 ! BVP6ZQ1 Desktop Page 2 of 3 6/6/2017 City of Aventura ACES Computer Equipment Inventory Exhibit B Brand I Model '.. _._.Q y I Serial Number Type Dell 1 Optiplex 790 8VQ3Z01 Desktop Dell • Optiplex 790 ! 8VQ5ZQ1 Desktop Dell Optiplex 790 8VQ6ZQ1 Desktop Dell Optiplex 790 8VS3ZQ1 Desktop Dell Optiplex 790 8VT1ZQ1 Desktop Dell Optiplex 790 8VT3ZQ1 Desktop Dell Optiplex 790 8W74ZQ1 Desktop _—_ Dell _ 8 Optiplex 790 BWCIZQ1 Desktop Dell Optiplex 790 8WD62Q1 Desktop Dell _ Optiplex 790 SWF6ZQ1 Desktop Dell Optiplex 790 8WG1ZQ1 Desktop Dell Optiplex 790 8WG32Q1 Desktop Dell Optiplex 790 ' 8WH1ZQ1 Desktop DUKANE Image Pro 8923H FOEU03806 • Projector HP Printer LJ 1000 CNBK230779 ' Printer HP Printer LJ 1000 CNBK230803 Printer NEC NP 300 9600169EJ Projector._. NEC NP M260X 1502925FC Projector NEC 1 NP M260X 1502929FC Projector NEC NP M271X 3700308FA Projector . NEC VT595 7502874FD Projector NEC VT595 7Z01854EJ Projector Samsung Digital Presenter T51 00777 Digital Presenter Samsung Digital Presenter 01249 I Digital Presenter Samsung Digital Presenter T77 01885 I Digital Presenter Samsung Digital Presenter T85 01173 Digital Presenter Samsung I Digital Presenter T85 01172 Digital Presenter Samsung. .. _ Digital Presenter T85 01175 Digital Presenter Samsung Digital Presenter 1 T85 01176 I Digital Presenter Smart Tech LCD Tablet I 5AFP00223 Monitor Page 3 of 3 6/6/2017 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORAND TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Man:ger DATE: May 8, 2017 SUBJECT: Law Enforcement Mutual Agr ement Between the City and the City of North Miami June 14, 2017 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the City of North Miami. 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 CITY OF NORTH MIAMI FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 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 City of North Miami 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. The foregoing Resolution was offered by Commissioner , who moved its adoption. 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 14th day of June, 2017. END WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 MUTUAL AID AGREEMENT BETWEEN THE NORTH MIAMI POLICE DEPARTMENT AND THE CITY OF AVE/NTT/RA POLICE DEPARTMENT WHEREAS, it is the responsibility of the governments of the City of North Miami, Florida, and the City of Aventura, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are, or are likely to be, beyond the control of the services,personnel,equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions,to protect the public peace and safety, and to preserve the lives and property of the people of the participating Miami-Dade County municipalities; and WHEREAS,the participating municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act,to enter into a Mutual Aid Agreement. NOW, THEREFORE, BE IT KNOWN, that the City of North Miami and the City of Aventura, subdivisions of the State of Florida, and the undersigned representatives, in consideration of mutual promises to render valuable aid in times of necessity, agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement 2. Description: Since the Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and intensive law enforcement situations,this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement as described in Chapter 23, Florida Statutes. 3. Definitions: A. Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall become part of this Agreement. The declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. B. Agency or participating law enforcement agency: The City of North Miami Police Department and the City of Aventura Police Department. C. Department Head: The Chief of the City of North Miami Police Department, or the Chiefs designees, and the Chief of the City of Aventura Police Department,or the Chiefs designees. D. Participating municipal police department: The police department of any municipality in Miami-Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. E. Certified law enforcement employees: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 4. Operations: A. In the event that a party to this Agreement is in need of assistance, as specified in the applicable Joint Declaration, an authorized representative of the police department requiring assistance shall notify the agency from which such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and available resources, and will respond in a manner deemed appropriate. B. Each party to this Agreement agrees to furnish necessary personnel, equipment, facilities,and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete, unreasonably, its own personnel, equipment, facilities, and other resources and services in rendering such assistance. C. The agency heads of the participating law enforcement agencies, or their designees,shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs: A. All employees of the participating municipal police department and all certified law enforcement employees as defined in Chapter 943, Florida Statutes,during such time that the employees are actually providing aid outside of the _z_ jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall pursuant to the provisions of Chapter 23, 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 regularly employed. B. The political subdivision having financial responsibility for the law enforcement agency providing the services,personnel,equipment,or facilities pursuant to the provisions of this Agreement shall bear any loss or damage and shall pay any and all expenses incurred in the maintenance and operation of these resources. C. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, during the time of rendering of such aid, and shall defray the actual travel and maintenance expenses of the employees while they are rendering aid. Compensation shall include any amounts for compensation due to personal injury or death while such employees are engaged in rendering aid. Compensation shall also include all benefits normally due the employees. D. All exemptions from ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and it political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of the agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 7. Forfeitures: 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. The property shall he seized, 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. —3— 8. Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23,Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing,through and including December 31, 2021 and under no circumstances may this Agreement be renewed,amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties. AGREED AND ACKNOWLEDGED this a 3 day of AO/L/c. 20 /7. City Mir.4r, C' y if ,lorth Miamidila , FL City Manager, City of Aventura, Florida ATTEST: ATTEST: City Clerk, City of orth Miami, FL City Clerk, City of Aventura, Florida APPROVED AS TO FORM: APPROVED AS TO FORM: City i;mey, City :f North Miami, FL City Attorney, City of Aventura, Florida —4— JOINT DECLARATION OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF NORTH MIAMI POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A deputy sheriff or 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, entered into by the City of Aventura,Florida,and the City of North Miami, Florida, it is 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. This list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. I. 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,backups 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; 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 the respective municipal boundaries; 18. The 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; 19. The 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; 20. 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, the property shall be seized, forfeited,and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. The jurisdiction of civil forfeiture action shall be filed by the seizing agency; 21. 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 this Mutual Aid Agreement. This Amendment shall become effective upon the signing of both Cities and shall remain in effect until either the current Mutual Aid Agreement and Joint Declaration expires or either agency gives written notice to the other agency to rescind this Amendment. _2_ I accept the terms and conditions of the aforementioned Amendment to the current Mutual Aid Agreement and Joint Declaration between the City of Aventura Police Department and the City of North Miami Police Department. • Date Date Air City Man City Manager City of Nortr, i, Flu ida City of Aventura, Florida Agos. f of Pam?' Chief of P'9lice �� City of North Miami Police Department City of(Aventura pUrice Department —3— RESOLUTION NO. 2017-R-21 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH MIAMI, FLORIDA, APPROVING THE EXECUTION OF A MUTUAL AID AGREEMENT AND JOINT DECLARATION BETWEEN THE CITY OF NORTH MIAMI AND THE CITY OF AVENTURA TO PROVIDE ADEQUATE LEVELS OF POLICE SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE AND ALL OTHER PURPOSES. WHEREAS, the entering into of mutual aid agreements between municipalities is authorized by Chapter 23, Florida Statutes, Florida Mutual Aid Act; and WHEREAS, the City of North Miami and the City of Aventura are desirous of entering into a Mutual Aid Agreement and Joint Declaration with each other to provide adequate levels of police service to ensure the public safely of their residents; and WHEREAS, the Mayor and City Council believe that the Mutual Aid Agreement with the City of Aventura and the accompanying Joint Declaration will benefit the residents of the City of North Miami and should he entered into with the City of Aventura. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH MIAMI,FLORIDA: Section 1. Approval of Agreement and Joint Declaration. The City Council hereby approves the Mutual Aid Agreement and Joint Declaration between the City of North Miami and the City of Aventura attached as"Exhibit I." Section 2. Authority of City Manager and Police Chief. The City Manager is authorized to execute the Mutual Aid Agreement and the Chief of Police is authorized to execute the Joint Declaration attached as"Exhibit 1"with the City of Aventura. Section 3. Effective Date. This Resolution will be effective immediately upon adoption. PASSED AND ADOPTED by a 5 - 0 vote of the Mayor and City Council of the City of North Miami,Florida,this 14th day of March , 2017. IWO NO. 17-074 (JLW) - Page lof2- 0 4 kid Ilr DR. =7 AT PH MA 117 iv ATTEST lb MICHAEL A. ETIE E,ESQ. CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: /I ' JEFF P. .?.. CAZEAU,.. SQ. CITY ATTORNEY SPONSORED BY: CITY ADMINISTRATION Moved by: Galvin Seconded by: Desulme Vote: Mayor Smith Joseph, D.O.,Phavn. D. X (Yes) (No) Vice Mayor Scott Galvin X (Yes) (No) Councilwoman Carol Keys,Esq. X (Yes) (No) Councilman Philippe Bien-Aime X (Yes) (No) Councilman Alix Desulme X (Yes) (No) IWO NO. 17-074(JLW) -Page 2of2- CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, ty - .•er DATE: May 24, 2017 SUBJECT: Resolution Supporting the Goals • ' Active Design Miami June 14, 2017 Commission Meeting Agenda Item SD RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution supporting the goals of Active Design Miami for healthier communities. BACKGROUND Representatives from SMIA / Sustainable Miami made a presentation to the City Commission regarding Active Design Miami strategies for use by Miami-Dade cities and requested a Resolution of support. The City Commission requested that I meet with the representatives to obtain more information and provide a recommendation on the Resolution. The Community Development Director and I met with the representatives. Based on the fact that our City has already implemented many of the strategies for healthier communities, their original Resolution was modified to indicate the City's support of the goals of Active Design Miami rather than the requirements to adopt the strategies. If you have any questions please feel free to contact me. EMS/act Attachment CC01700-17 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA SUPPORTING THE GOALS OF ACTIVE DESIGN MIAMI: DESIGN AND POLICY STRATEGIES FOR HEALTHIER COMMUNITIES AS DEVELOPED BY THE MIAMI CENTER FOR ARCHITECTURE AND DESIGN (MCAD); DIRECTING STAFF TO CONTINUE TO INCORPORATE ACTIVE DESIGN STRATEGIES INTO PLANNING FUNCTIONS AS FEASIBLE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, today's global epidemic of chronic diseases is driven by a range of factors including the powerful impact of the built environment and to reverse negative health trends, the Centers for Disease Control and Prevention (CDC) recommends that communities focus on supporting healthy eating and active living in a variety of settings; and WHEREAS, Miami-Dade County is experiencing many common health concerns; and WHEREAS, planners, architects, and public health professionals, working collaboratively, have an essential role in addressing the rapidly growing epidemics of chronic diseases, especially in light of mounting scientific evidence demonstrating the impact of environmental design on physical activity and healthy eating; and WHEREAS, Active Design is an approach to shaping communities that leverages evidence-based urban design and architecture solutions to improve public health by influencing day-to-day behavior that directly impact community wellbeing; and WHEREAS, the Florida Department of Health was awarded a grant by the CDC, and the Florida Department of Health contracted the Miami Center for Architecture & Design (a 501c3) in October 2015 to create Active Design strategies for use by Miami-Dade County and cities; and WHEREAS, after a year-long collaborative open process, which included Miami-Dade County and 20 local municipalities, Active Design Miami: Design & Policy Strategies for Healthier Communities was developed and includes strategies suited to Miami-Dade's context and needs; and WHEREAS, Active Design Miami provide architects, planners, urban designers and governments with a manual of strategies for creating healthier buildings, streets, and City of Aventura Resolution No. 2017- urban spaces, based on the latest academic research and best practices in the field; and WHEREAS, the City of Aventura has demonstrated its commitment to creating an active city through urban design by provision of parks with facilities that accommodate all ages and abilities and incorporate amenities to support user comfort, by creating a zoning district that requires intergenerational accommodations, by participating in and being designated as a Tree City for the past 20 years, by implementing a City sponsored bike share program and a green building incentive program, and by preparing a mobility plan to enhance the pedestrian experience. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission supports the goals of Active Design Miami: Design and Policy Strategies for Healthier Communities as developed by the Miami Center for Architecture and Design; and directs staff to continue to incorporate active design strategies into planning functions, as feasible. 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 14'h day of June, 2017. Page 2 of 3 City of Aventura Resolution No. 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 3 CITY OF AVENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Ci .nag:r BY: Joseph S Kroll, Public Work r. (sport. ion Director DATE: May 5, 2017 SUBJECT: Bid No. 17-04-25-2 City of Aventura Maintenance and Repair for City Streets and Facilities June 14, 2017 City Commission Meeting Agenda Item . Recommendation: It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 17-04-25-2 City of Aventura Maintenance and Repair for City Streets and Facilities to the lowest and responsive bidders; Stone Concept Miami, Inc., Metro Express, Inc., The Paving Lady, Weekly Asphalt Paving, Inc. for the unit pricing as contained in Exhibit "A" as per the City Purchasing Department and Consulting Engineer. Background: The bidding process was in accordance with the City's Purchasing Ordinance. Bids for this maintenance contract were solicited, advertised and opened on Tuesday, April 25, 2017. Four qualified bids were received as follows: Stone Concept Miami, Inc. Metro Express, Inc. The Paving Lady Weekly Asphalt Paving, Inc. The bid is based on unit pricing for work to be performed in areas of Public Works that can be used by the Department on an as-needed basis determined by the City for: Asphalt paving, sealing, pavement marking Storm drain cleaning and installation Concrete repair (sidewalks and curb) Signage All four bidders submitted qualified bids, and all four bidders have received positive references in their work and performance. The unit pricing did vary as some were lower than others; as for that it is in the City's best interest to award this bid to multiple bidders taking advantage of the lowest price submitted by each bidder. The City will be able to realize a significant cost savings by using this contract for repairs and maintenance to streets and sidewalks, storm-water projects, signage and various other Public Works functions as required. All bidders will be required to post the appropriate insurance and performance bonds and all work will be subject to review and inspection by City staff before payment is issued. This contract is for two (2) years with a one year (1) renewal. Attachments: Exhibit "A" Bid Tabulation Exhibit "B" City Engineer Recommendation Letter RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 17-04-25-2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY STREETS AND FACILITIES TO STONE CONCEPT MIAMI INC., METRO EXPRESS INC., THE PAVING LADY, AND WEEKLEY ASPHALT PAVING INC. AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 17-04-25-2 CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY STREETS AND FACILITIES; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that Stone Concept Miami Inc., Metro Express Inc., The Paving Lady, and Weekley Asphalt Paving Inc., have submitted the lowest responsible and responsive bids for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 17-04-25-2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY STREETS AND FACILITIES is hereby City of Aventura Resolution No.2017- awarded to Stone Concept Miami Inc., Metro Express Inc., The Paving Lady, and Weekley Asphalt Paving Inc., at the bid prices as contained in the attached bid documents. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Numbers 001-5401-541-4691 and 410-5401-538-3460. 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 14th day of June, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES, INC. Date: May 12, 2017 To: Joseph S Kroll Public Works &Transportation Director _ From: Peter W. Aquart, PE, Consulting Enginee� �/ Reference: Maintenance and Repair for City Roads, Streets adacilities Bid Number 17-04-25-2 At your request, we have reviewed the results for the above referenced request for bids. The following contractors submitted a bid: • Weekley Asphalt Paving, Inc. • The Paving Lady • Metro Express, Inc. • Stone Concept Miami, Inc. The four(4) named contractors are considered responsible and responsive bidders. Enclosed is a bid tabulation spreadsheet showing all of the individual unit and extended prices. We recommend awarding contracts to all four contractors. If you have any questions or require any additional information, please call. Enclosure: Bid Tabulation City of Aventura Maintenance and Repair for City Roads,Streets,and Facilities Bid No.17-04-25-2 Bid Tabulation Weeldey Asphalt Paving,Inc The Paving Lady Metro Express,Inc Stone Concept Miami,Inc PERCENTAGE PERCENTAGE PERCENTAGE PERCENTAGE PAY ESTIMATED DESCRIPTION UNIT Of TOTAL OF TOTAL OF TOTAL OF TOTAL ITEM QUANTITY PROJECT PROJECT PROJECT PROJECT GENERAL CONDITIONS AND MOBIUZATIDF4 1 1 GENERALCONDITIONS ANDMOBILIZATION L5 80% 60% 16% 30% COSTS FOR JOBS TOTALING$2,499 OR LESS 2 1 GENERAL CONDITIONS AND MOBILIZATION LS 50% 40% 14% 25% COSTS FOR JOBS RANGING FROM$2,500- $4,999 3 1 GENERAL CONDITIONS AND MOBILIZATION LS 32% 10% 12% 20% COSTS FOR JOBS RANGING FROM 55,000- $24,999 4 1 GENERAL CONDITIONS AND MOBILIZATION LS 15% 5% 5% 15% COSTS FOR JOBS TOTAUNG$25,000 OR MORE PAY ESTIMATED DESCRIPTION UNIT UNIT PRICE EXTENDED UNIT PRICE EJITENDI:D UNIT PRICE E%TENDED UNIT PRICE EXTENDED ITEM QUANTITY COST COST COST COST MAINTENANCE Of TRAFFIC $9,855.00 $21,446.40 $22,255.00 $39,574.00 S 1 FURNISH AND INSTALL STEEL TRAFFIC PLATES EA 51,500.00 $1,500.00 $750.00 $750.00 5300.00 $300.00 $84.00 $84.00 FOR 12-FOOT WIDE TRAFFIC LANE-DAILY RATE 6 1 FURNISH AND INSTALL STEEL TRAFFIC PLATES EA $3,800.00 $3,800.00 $3,000.00 $3,000.00 $450.00 $450.00 $540.00 $540.06 FOR 12-FOOT WIDE TRAFFIC LANE-WEEKLY RATE 7 10 TYPE I BARRICADE PER FDOT STANDARD INDEX EA $7.00 $70.00 $18.15 $181.50 $7.00 $70.00 $75.00 $750.00 NO.600-PROVIDE FOR PROJECT DURATION UP TO 14 DAYS 8 10 TYPE I BARRICADE PER FOOT STANDARD INDEX EA $16.00 $160.00 $32.20 $322.00 $14.00 $140.00 $120.00 $1,200.00 NO.600-PROVIDE FOR PROJECT DURATION UP TO 30 DAYS 9 10 TYPE II BARRICADE PER FOOT STANDARD INDEX EA $7.00 $70.00 $18.15 $181.50 $7.00 $70.00 $120.00 $1,200.00 NO.600-PROVIDE FOR PROJECT DURATION UP TO 14 DAYS 10 10 TYPE II BARRICADE PER FOOT STANDARD INDEX EA $16.00 $160.00 $32.20 $322.00 $14.00 $140.00 $180.00 $1,800.00 NO.600-PROVIDE FOR PROJECT DURATION UP TO 30 DAYS 11 10 TYPE III BARRICADE PER FOOT STANDARD EA $14.00 $140.00 $30.24 $302.40 $14.00 $140.00 $120.00 51,200.00 INDEX NO.600-PROVIDE FOR PROJECT DURATION UP TO 14 DAYS 12 10 TYPE III BARRICADE PER FOOT STANDARD EA $30.00 $300.00 $39.05 $390.50 $30.00 $300.00 $180.00 $1,800.00 INDEX NO.600-PROVIDE FOR PROJECT DURATION UP TO 30 DAYS 13 25 FURNISH AND INSTALL TEMPORARY CONCRETE LF $29.00 $725.001 $125.00 $3,125.00 $140.00 $3,500.00 $210.00 $5,250.00 BARRIER WALL-PROVIDE FOR PROJECT DURATION UP TO 14 DAYS 14 25 FURNISH AND INSTALL TEMPORARY CONCRETE LF $29.00 $725.00 $300.00 $7,500.00 $200.00 $5,000.00 $250.00 $6,250.00 BARRIER WALL-PROVIDE FOR PROJECT DURATION UP TO 30 DAYS 15 25 FURNISH AND INSTALL TEMPORARY PLASTIC IF $29.00 $725.00 $52.00 $1,300.00 $140.00 $3,500.00 $130.00 $3,250.00 (WATER FILLED)BARRIER WALL,sr HIGH- PROVIDE FOR PROJECT DURATION UP TO 14 DAYS 16 25 FURNISH AND INSTALL TEMPORARY PLASTIC IF $29.00 $725.00 $76.82 $1,920.50 $280.00 $7,000.00 $210.00 $5,250.00 (WATER FILLED)BARRIER WALL,42'HIGH- PROVIDE FOR PROJECT DURATION UP TO 30 DAYS 17 1 PORTABLE 6 KW TOWER LIGHT(INCLUDING EA $30.00 $30.00 $485.00 $485.00 $45.00 $45.00 $550.00 $550.00 POWER SOURCE AS REQUIRED)-DAILY RATE 18 1 PORTABLE 6 KW TOWER UGHT(INCLUDING EA $175.00 $175.00 $714.00 $714.00 $400.00 $400.00 $2,750.00 $2,750.00 POWER SOURCE AS REQUIRED)-WEEKLY RATE 19 1 PORTABLE 6 KW TOWER LIGHT(INCLUDING EA $550.00 $550.0(1, $952.00 $952.00 $1,200.00 $1,200.00 $7,700.00 $7,700.00 POWER SOURCE AS REQUIRED)-MONTHLY RATE $1,710.00 $8,500.00 $1,750.00 $9,160.00 20 100 FURNISH AND INSTALL SILT FENCE LF $2.00 $200.00 $10.00 $1,000.00 $3.00 $300.00 $8.50 $850.0) 21 5 FURNISH AND INSTALL INLET SEDIMENT EA $120.00 $600.00 $500.00 $2,500.00 $50.00 $250.00 $850.00 $4,250.00 CONTROL DEVICE 22 1 FURNISH AND INSTALL TRUCK GRAVEL EA $910.00 $910.00 $5,000.00 $5,000.00 $1,200.00 $1,200.00 $4,060.00 $4,060.00 CONSTRUCTION ENTRANCE(MIN.LENGTH= 30') USZIONLAKEUEBEISnati $8,200.00 $13,750.00 $8,350.00 $4,825.00 23 0.1 CLEARING AND GRUBBING AC $20,000.00 $2,000.00 $7,500.00 $750.00 $8,000.00 $800.00 $5,250.00 $525.00 24 50 REMOVE AND DISPOSE OF UNSUITABLE CY $28.00 $1,400.00 $30.00 $1,500.00 $85.00 $4,250.00 $17.00 $850.00 MATERIAL 25 50 IMPORT SUITABLE FILL MATERIAL-IN-PLACE CY $26.00 $1,300.00 $30.00 $1,500.00 $18.00 $900.00 $23.00 $1,150.00 Weekley Asphalt Paying,Inc The Paving Lady Metro Express,Inc Stone Concept Miami,Inc 26 100 FURNISH AND INSTALL ST.AUGUSTINE OR LIKE SY $5.00 $500.00 $12.00 $1,200.00 $7.00 $700.00 $5.00 $500.00 KIND SOD 27 100 FURNISH AND INSTALL BAHIA SOD SY $4.00 $400.00 $13.00 $1,300.00 $7.00 $700.00 $6.00 $600.00 28 100 SWALE RESTORATION(UP TO 12"DEEP WITH SY $26.00 $2,600.00 $125.00 $12,500.00 $10.00 $1,000.00 $12.00 $1,200.00 1V:4H SLOPES OR FLATTER) _ PAVING AND CONCRETE $123,043.90 $714524.42 $52,231.04 $104776.25 29 100 12"STABIUZED SUBGRADE(MIN.IBR OF 40) SY $4.75 $475.00 $12.00 $1,200.00 $7.00 $700.00 $7.50 $750.00 30 100 6"UMEROCK BASE(MIN.LBR OF 100), SY $25.00 $2,500.00 $13.00 $1,300.00 $9.00 $900.00 $18.00 $1,800.00 INCLUDING PRIME COAT 31 100 EACH ADDITIONAL Y UMEROCK BASE(MIN. SY $4.25 $425.00 $7.00 $700.00 $6.00 $600.00 $8.50 $850.00 LBR OF 100),INCLUDING PRIME COAT 32 100 1"ASPHALT TYPE SP-9.5,INCLUDING TACK SY $8.00 $800.00 $14.75 $1,475.00 $18.00 $1,800.00 $11.00 $1,100.00 COAT 33 100 EACH ADDITIONAL 1/2"ASPHALT TYPE SP-9.5, SY $4.00 $400.00 $3.00 $300.00 $9.00 $900.00 $6.50 $650.00 INCLUDING TACK COAT 34 100 11/Z"ASPHALT TYPE SP-12.5,INCLUDING SY $10.50 $1,050.00 $14.00 $1,400.00 $26.00 $2,600.00 $19.00 $1,900.00 TACK COAT 35 100 EACH ADDITIONAL 1/Z"ASPHALT TYPE SP-9.5, SY $5.25 $525.00 $3.00 $300.00 $9.00 $900.00 $6.50 $650.00 INCLUDING TACK COAT 36 100 MILL EXISTING PAVEMENT(1"AVERAGE SY $5.50 $550.00 $7.00 $700.00 $4.50 $450.00 $8.00 $800.00 DEPTH) 37 1 PREMIUM SEALCOAT(UP TO 5,000 SF) SF $0.90 $0.90 $0.25 $0.25 $0.25 $0.25 $0.42 $0.42 POLYTAR HEAVY DUTY PAVEMENT SEALER(OR APPROVED EQUAL)APPLIED PER MANUFACTURER'S(GEMSEAL) SPECIFICATIONS. 38 1 PREMIUM SEALCOAT(5,000 SF-10,000 SF) SF $0.80 $0.80 $0.22 $0.22 $0.23 $0.23 $0.37 $0.37 POLYTAR HEAVY DUTY PAVEMENT SEALER(OR APPROVED EQUAL)APPLIED PER MANUFACTURER'S(GEMSEAL) SPECIFICATIONS. 39 1 PREMIUM SEALCOAT(10,000 SF-20,000 SF) SF $0.75 $0.75 $0.19 $0.19 $0.20 $0.20 $0.33 $0.33 POLYTAR HEAVY DUTY PAVEMENT SEALER(Oft APPROVED EQUAL)APPLIED PER MANUFACTURER'S(GEMSEAL) SPECIFICATIONS. 40 1 PREMIUM SEALCOAT(20,000 SF-50,000 SF) SF $0.65 $0.65 $0.14 $0.14 $0.18 $0.18 $0.32 $0.32 POLYTAR HEAVY DUTY PAVEMENT SEALER(OR APPROVED EQUAL)APPLIED PER MANUFACTURER'S(GEMSEAL) SPECIFICATIONS. 41 1 PREMIUM SEALCOAT(50,000 SF OR GREATER) SF $0.55 $0.55 $0.12 $0.12 $0.18 $0.18 $0.31 $0.31 POLYTAR HEAVY DUTY PAVEMENT SEALER(OR APPROVED EQUAL)APPLIED PER MANUFACTURER'S(GEMSEAL) SPECIFICATIONS. 42 100 REMOVE AND DISPOSE OF EXISTING ASPHALT SY $5.50 $550.00 $7.00 $700.00 $9.00 $900.00 $28.25 $2,825.00 PAVEMENT(UP TO 4") 43 100 REMOVE AND DISPOSE OF EXISTING CONCRETE SY $29.00 $2,900.00 $42.00 $4,200.00 $9.00 $900.00 $21.50 $2,150.00 (UP TO 6") 44 100 REMOVE AND DISPOSE OF EXISTING TYPED' LF $8.00 $800.00 $8.10 $810.001 $1.00 $100.00 $6.00 $600.00 CONCRETE CURB 45 100 REMOVE AND DISPOSE OF EXISTING TYPE"F" If $8.00 $800.00 $11.50 $1,150.00 $1.00 $100.00 $7.20 $720.00 CONCRETE CURB AND GUTTER OR CONCRETE VALLEY GUTTER 46 25 PAVEMENT RESTORATION(UP TO 18" SY $67.25 $1,681.25 $70.00 $1,750.00 $19.00 $475.00 $97.00 $2,425.06 LIMEROCK,Y ASPHALT) 47 25 TYPE''F"CURB&GUTTER,INCLUDING 4" LF $69.00 $1,725.00 $41.00 $1,025.00 $20.00 $500.00 $127.00 $3,175.00 LIMEROCK PAD 48 25 TYPED'CURB IF $52.00 $1,300.00 $18.00 $450.00 $18.00 $450.00 $110.00 $2,750.00 49 25 8'WIDE ASPHALT EXERCISE PATH W/6" IF $87.00 $2,175.00 $52.00 $1,300.00 $16.00 $400.00 $320.00 $8,000.00 LIMEROCK BASE(MIN.LBR OF 100) 50 100 4"CONCRETE SIDEWALK (MIN.3,000 PSI) SY $68.00 $6,800.00 $52.00 $5,200.00 $38.00 $3,800.00 $58.25 $5,825.00 W/COMPACTED SUBGRADE 51 1006"CONCRETESIDEWALK (MIN.3,000 PSI) SY $49.00 $4,900.00 $63.00 $6,300.00 $45.00 $4,500.00 $80.40 $8,040.00 W/COMPACTED SUBGRADE 52 100 REMOVE AND REPLACE EXISTING 6"STAMPED SY $125.00 $12,500.00 $94.00 $9,400.00 $54.00 $5,400.00 $97.50 $9,750.00 CONCRETE(MIN.3,000 PSI)W/COMPACTED SUBGRADE 53 1 POTHOLE REPAIR-UP TO 300 SQUARE FEET LS $1,500.00 $1,500.00 $900.00 $900.00 $600.00 $600.00 $2,200.00 $2,200.00 (SAWCUT AND REMOVE EXISTING ASPHALT, COMPACT BASE AND APPLY TACK COAT TO PERIMETER OF PATCHES,INSTALL r ASPHALT, COMPACT W/VIBRATORY ROLLER 54 1 POTHOLE REPAIR-EACH ADDITIONAL 10 LS $300.00 $300.00 $26.00 $26.00 $30.00 $30.00 $100.00 $100.00 SQUARE FEET 55 2S BRICK PAVERS(MIN.3 1/8"THICK)ON X" SY $8.00 $200.00 $62.10 $1,552.50 $60.00 $1,500.00 $86.50 $2,162.50 SAND BED 56 100 REMOVE AND REPLACE EXISTING BRICK SY $11.00 $1,100.00 $41.40 $4,140.00 $60.00 $6,000.00 $86.50 $8,650.00 PAVERS 57 100 REMOVE AND REPLACE EXISTING HEADER LF $288.00 $28,800.00 $29.00 $2,900.00 $30.00 $3,000.00 $55.00 $5,500.00 CURB(UP TO 1Y X 12") Weekley Asphalt Paying,Inc The Paving Lady Metro Express,Inc Stone Concept Miami,Inc. 58 100 INSTALL NEW 8'X 12'HEADER CURB(MIN. LF $288.00 $28,800.00 $21.00 $2,100.00 $30.00 $3,000.00 $60.00 $6,000.00 4,000 PSI) 59 8 FURNISH AND INSTALL DETECTABLE WARNING SF $49.00 $392.00 $40.00 $320.00 $30.00 $240.00 $550.00 $4,400.00 (CAST-IN-PLACE MAT) 60 8 FURNISH AND INSTALL DETECTABLE WARNING SF $49.00 $392.00 $40.00 $320.00 $30.00 $240.00 $750.00 $6,000.00 (SURFACE APPLIED MAT) 61 25 FURNISH AND INSTALL GUARDRAIL PER FOOT LF $29.00 $725.00 $150.00 $3,750.00 $35.00 $875.00 $65.00 $1,625.00 STANDARD INDEX NO.400 62 2 FURNISH AND INSTALL GUARDRAIL END EA $3,000.00 $6,000.00 $1,250.00 $2,500.00 $350.00 $700.00 $32.00 $64.00 ANCHORAGE ASSEMBLY PER FDOT STANDARD INDEX NO.400 63 25 FURNISH AND INSTALL PEDESTRIAN HANDRAIL LF $85.00 $2,125.00 $150.00 $3,750.00 $95.00 $2,375.00 $80.00 $2,000.00 PER FDOT STANDARD INDEX NO.870 64 50 FURNISH AND INSTALL 6'HIGH TEMPORARY LF $9.00 $450.00 $50.00 $2,500.00 $20.00 $1,000.00 $14.00 $700.00 CHAIN LINK FENCING 65 SO FURNISH AND INSTALL 4'HIGH ORANGE LF $7.00 $350.00 $6.00 $300.00 $5.00 $250.00 $11.00 $550.00 CONSTRUCTION FENCE 66 50 PLOWABLE FILL CY $180.00 $9,000.00 $275.00 $13,750.00 $120.00 $6,000.00 $280.00 $14,000.00 67 1 CONCRETE WHEEL STOPS-INSTALLED EA $50.00 $50.00 $55.00 $55.00 $45.00 $45.00 $65.00 $65.00 �I $569.765,00 $699,550.00 $523,560.00 68 25 PIPE CULVERT-12'DIAMETER HDPE LF $80.00 $2,000.00 $200.00 $5,000.00 590.00 $2,250.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 69 25 PIPE CULVERT-15'DIAMETER HDPE LF $90.00 $2,250.00 $250.00 $6,250.00 $100.00 $2,500.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 70 25 PIPE CULVERT-15"DIAMETER RCP IF $100.00 $2,500.00 $300.00 $7,500.00 $120.00 $3,000.001 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 71 25 PIPE CULVERT-18"DIAMETER HDPE IF $110.00 $2,750.00 $350.00 $8,750.00 $100.00 $2,500.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 72 25 PIPE CULVERT-18"DIAMETER RCP LF $120.00 $3,000.00 $250.00 $6,250.00 $120.00 $3,000.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 73 25 PIPE CULVERT-24"DIAMETER HDPE LF $140.00 $3,500.00 $300.00 $7,500.00 $120.00 $3,000.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 74 25 PIPE CULVERT-24"DIAMETER RCP LF $160.00 $4,000.00 $400.00 $10,000.00 $160.00 $4,000.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 75 25 PIPE CULVERT-30"DIAMETER HDPE LF $260.00 $6,500.00 $550.00 $13,750.00 $180.00 $4,500.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 76 25 PIPE CULVERT-30"DIAMETER RCP LF $300.00 $7,500.00 $550.00 $13,750.00 $220.00 $5,500.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 77 25 PIPE CULVERT-36"DIAMETER HDPE LF $475.00 $11,875.00 $400.00 $10,000.00 $350.00 $8,750.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 78 25 PIPE CULVERT-36"DIAMETER RCP IF $600.00 $15,000.00 $485.00 512,125.00 $390.00 $9,750.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 79 25 PIPE CULVERT-42"DIAMETER RCP LF $650.00 $16,250.00 $650.00 $16,250.00 $600.00 $15,000.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 80 25 PIPE CULVERT-48"DIAMETER RCP IS $700.00 $17,500.00 $750.00 $18,750.00 $650.00 $16,250.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 81 25 PIPE CULVERT-54"DIAMETER RCP IF $725.00 518,125.00 $850.00 $21,250.00 $900.00 $22,500.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 82 25 PIPE CULVERT-60"DIAMETER RCP LF $800.00 $20,000.00 $1,150.00 $28,750.00 $1,200.00 $30,000.00 (INSTALLATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) 83 25 PIPE CULVERT-72"DIAMETER RCP LI $950.00 $23,750.00 $1,200.00 $30,000.00 $1,500.00 $37,500.00 (INSTAL.LATION INCLUDES ALL BEDDING, SHORING,ETC.AS NECESSARY TO PROVIDE WORK) _ WSIy Ap'.N Paving,by The Paving LIMY MM Ewen,Inc. Stone Calcpt Miami,Inc 84 1 CONSTRUCT NEW DRAINAGEWELL e112' EA macaw 512.000.01 545, 00 $45,00000 $4.8000.00 50,80.00 STRUCTURE)(BOX ONLY) 85 1 DRILL DRAINAGE WELL UP TO 15,DEPTH)w/ EA 59200.00 $92,00.00 555,0000.00 555.¢000 $4100.0 $42,000.00 2r STEEL CASING(WELL ONLY) 861 . G DRAINAGE WELL(UP TO EA 519,[01.0 $46,000 .0000 0. $30, . $30,100.530,000.00r $31,000. 53200 0 150'DEPTH) 87 KPLLIRATION TRENCH WITH 15' Li $1950 $4,8250 $115.0 55,6150 51200 $3,1000 SLOTTED RCP 88 25 4'X 6'EKDRMT1oN WENCH WITH 15' LI $00000 $11,50.0 $115.0 $5,6150 $1300 53,2500 SLOTTED RCP 89 1 12'ADS DRAIN BASIN u $6750 5675.00 $0].0 $900.0 $9500 $950.00 90 1 15'ADS DRAIN BASIN EA $1500 $750.0 $1,500 $150.0 $1,100 51,200 91 1 IS"ADS RAIN BASIN EA 580.0 5000 $1.9'9. 0 51000.0 51.3000 51,300 92 1 M'ADS DRAIN BASIN FA $9500 $950.00 $3,IX03.0 53,0.0.0 $10100 $160.0 93 1 DRAINAGE INLET(TYPE C-x4"K 361 EA54.00.0 $4000 $50000 94 1 DRAINAGE INLET(TWE C4-46'ROUND) EA 56,00.0 56,00.0 5650411 $6,500 $4,200 $450.0 95 1 DRAINAGE INLET(TYPE CS-0'ROUND) FA $7,7100 $1,0000 $7,20.0 57,200.00 55,200 55,100 96 1 DRAINAGE INLET(mE C. -72'ROUND) EA $10,000.0 $10,00o.00 $6100 $61000 54400 $6400.00 97 1 STORM MANHOLE(TYPE M-4-48'ROUND) EA $6,1000 $6,100 55200 55,2003 98 1 STORM MANHOLE ITYPFM5-69"ROUND) EA 57,200.00 $7,100 $600.0 $8.00003 $6,20.0 $6300 J I STORM MANHOLE(TYPE M-6-IS ROUND) EA $000,[00 $10,[0.�0JJJ $13,20.011 $5200 $1,50.0 $1,50.0 I0 1 STORM MANHOLE(TYPE Ma-96'ROUND) a 511.[..0 $ILOJ.0 $4x.00.00 $4x.00.0 5310000 S12,O].00 101 1 STORM MANHOLE{TYPE M-10-120"ROUND) EA 519.GA.0 $19[0X1 $5100.0 $51,00.0 $16,0.00.0 $16,00.0 102 1515"CAST-IHPLACE PIPE LINER Li $10.00 $6,500.00 $40.0 $1003.0 $500 51x,500 103 1518'GASTJMNACE PIPE UNER LI 5280.0 $1,09.0 $40.0 $1800.0 580.0 $10,00.0 104 2524"CAST-IN-PLACE PIPE UNER LF $30000 $7.S0000 $4120 $10,625.0 59.0.0 $3x,50.00 105 1530'CAST-IN-PLACE PIPE UNER LF $370.00 $9,25000 $50.0 $11500 $1,000.0 515,0000 106 25 36'CAST-IN-PLACE PIPE UNER Li $5800 $14,06040 5550.0 513,10.0 $150.0 $37.sO00 107 254T CAST-IN-PLACE PIPE UNER LI $600.0 $15,001. 500.0 $15,00.0 $1,80.0 545,00.0 15 CAST-MPLACE PIPE UNER LF $00.0 $1x.5000 5600. 516,20 $100610 53,0000 109 3 CORE-DRILL B CONNECT TOEX15TNG EA $650.0 $650.0 580.0 $00.0( 500.0 5600.00 DRAINAGE 110 WELL CLEANING F 0IC WELL CASING UP TO LF $60.0.0 $30,00.0 $2250 ,500 $2x 10 FEET,INCLUDING PROPER DISPOSAL OE ALL MATERIAL Ill I BASIN CLEANING.INCLUDING PROPER FA 585000 5850.00 550.00 5510.00 560.0 560.0 DISPOSAL 01 ALL MATERIAL(INCLUDES INSTALLATION Of PLUGS, UMPS,ETC.AS _ NECESSARY TO PROVIDE WORK) IITl MANHOLE CLEANING.INCLUDINGPROPER 1)EA $950. $950.10 $55000 555010 5600.00 5600.100 DISPOSAL OF ALL MATERIAL(INCLUDES INSTALLATION Of PLUGS,PUMPS,ETC. AS NECESSARY TO PROVIDE WORK) 113 50 CCTV 010E0 INSPECTION OF EXISTING LF $20 $3150 $110 $00. $10.00 $50.0 PIPE/CULVERT,INCLUDING WRITTEN REPORT INCLUDES INSTALLATION OF PLUGS.PUMPS, ETC AS NECESSARY TO PROVIDE WORK) 100 1 INSTALL Is'PLUG-24 HOUR RATE,INCLUDES FA $5011.09 550.01 5100.0) $100. 550.0 5300.00 REMOVAL I6 1 INSTALL 18'PLUG-24 HOUR RATE,INCLUDES EA $650.0 56500 51.50.00 $1.50000 $40.0 $400 REMOVAL 116 1 INSTALL 24'PLUG-24 HOUR RATE.INCLUDES EA 5750.00 5,001 $1,'10.0 51,700 00 $50.0 5500 REMOVAL 117 1 INSTALL PLUG GREATER THAN 24'-14 HOUR EA $900. 5900.00 $x,00.00 $2.0000 $YO. 560.0 PATE,INCLUDES REMOVAL 11eSA CULVERT INCLUDES u $510 525000 0 530 5350.00 $1000 $500 PROPER DISPOSAL OF AU.MATERIAL PLUGS, PUMPS ETC.AS NECESSARY TO PROVIDE WORK) 119 50 CLEAN EXISTING 18"CULVERT(INCLUDES LF $6.0 $30.001 $350 51.7500 512.00 5X40.0 PROPER DISPOSAL Of ALL MATERIAL,PLUGS, PUMPS.,ETC.AS NECESSARY TO PROVIDE WORK) 110 50 CLEAN PRISING 34'CULVERT'INCLUDES LF $10 $350.00 $50.00 51,50.0 $160 $80.0 PROPER DISPOSAL OF ALL MATERIAL PLUGS, PUMPS.ETC.AS NECESSARY To PROVIDE WORK) 121 50 CLEAN EXISTING 30'CULVERT(INCLUDES LI $90 5450.00 SEO.no $3,00.0 5200 5100.0 PROPER DISPOSAL OF ALL MATERIAL,PLUGS, PUMPS.ETC.AS NECESSARY TO PROVIDE WORK) 122 50 CLEAN EXISTING 36 CULVERT(INCLUDES LI $10.0 550.0 $100 5350.0 525.00 $1,2500 PROPER DISPOSAL OF ALL MATERIAL PLUGS, PUMPS,ETC. NECESSARY TO PROVIDE WORK) 123 50 CLEAN EXISTING 4r CULVERT(INCLUDES o $12.0 $600.0 $800 S4,00.0 $6000 $3000 PROPER DISPOSAL OF ALL MATERIAL PLUGS, PUMPS,ETC.AS NECESSARY TO PROVIDE WORK) 124 50 CLEAN MISTING at CULVERT PNCLUDES LF $15.00 $10.0 585.00 54,250. PROPER DISPOSAL OF ALL MATERIAL PLUGS, PUMPS,ETC.AS NECESSARY TO PROVIDE WORK) Weeldey Asphalt Paving,Inc The Paving Lady Metro Express,Inc Stone Concept Miami,Inc. 125 50 CLEAN EXISTING 54"CULVERT(INCLUDES LF $18.00 $900.00 $90.00 $4,500.00 $65.00 $3,250.00 PROPER DISPOSAL OF ALL MATERIAL,PLUGS, PUMPS,ETC.AS NECESSARY TO PROVIDE WORK) 126 50 CLEAN EXISTING 60"CULVERT(INCLUDES LF $29.00 $1,450.00 $100.00 $5,000.00/ $65.00 $3,250.00 PROPER DISPOSAL OF ALL MATERIAL,PLUGS, PUMPS,ETC.AS NECESSARY TO PROVIDE WORK) 127 SO CLEAN EXISTING 72"CULVERT(INCLUDES LF $31.00 $1,550.00 $110.00 $5,500.00/ $70.00 $3,500.00 PROPER DISPOSAL OF ALL MATERIAL,PLUGS, PUMPS,ETC.AS NECESSARY TO PROVIDE WORK) 128 1 PROVIDE 2"PUMP WITH DISCHARGE UNE-24-EA $200.00 $200.00 $600.00 $600.00 $100.00 $100.00 HOUR RATE 129 1 PROVIDE 2'PUMP WITH DISCHARGE UNE- EA $1,000.00 $1,000.00 $1,350.00 $1,350.00 $350.00 $350.00 WEEKLY RATE 130 1 PROVIDE 2'PUMP WITH DISCHARGE UNE- EA $3,500.00 $3,500.00 $1,800.00 $1,800.00 $600.00 $600.00 MONTHLY RATE 131 1 PROVIDE 4'PUMP WITH DISCHARGE UNE-24-EA $270.00 $270.00 $1,500.00 $1,500.00 $150.00 $150.00 HOUR RATE 132 1 PROVIDE 4"PUMP WITH DISCHARGE UNE- EA $1,350.00 $1,350.00 $3,200.00 $3,200.00 $350.00 $350.00 WEEKLY RATE 133 1 PROVIDE 4'PUMP WITH DISCHARGE UNE- EA $4,900.00 $4,900.00 $4,000.00 $4,000.00 $700.00 $700.00 MONTHLY RATE 134 1 PROVIDE 6"PUMP WITH DISCHARGE LINE-24-EA $320.00 $320.00 $1,800.00 $1,800.00 $200.00 $200.00 HOUR RATE 135 1 PROVIDE 6'PUMP WITH DISCHARGE UNE- EA $1,600.00 $1,600.00 $4,000.00 $4,000.00 $400.00 $400.00 WEEKLY RATE 136 1 PROVIDE 6'PUMP WITH DISCHARGE UNE- EA $5,600.00 $5,600.00 $9,000.00 $9,000.00 $600.00 $600.00 MONTHLY RATE PAVEMENT MAR U$GS ANO SIGNAGE $6,096.25 $3,131.25 $1,575.00 $2,632.50 137 1 SINGLE POST SIGN(UP TO 30"X30') EA $400.00 $400.00 $201.00 $201.00 $400.00 $400.00 $410.00 $410.00 138 25 4'SOLID STRIPING(THERMOPLASTIC) LF $3.00 $75.00 $0.58 $14.50 $0.90 $22.50 $0.90 $22.50 139 25 6'SOLID STRIPING(THERMOPLASTIC) LF $4.00 $100.00 $0.69 $17.25 $1.00 $25.00 $1.40 $35.00 - 140 25 8'SOU°STRIPING(THERMOPLASTIC) LF $4.50 $112.50 $1.38 $34.50 $1.50 $37.50 $1.70 $42.50 141 25 12"SOUD STRIPING(THERMOPLASTIC) LF $4.75 $118.75 $2.30 $57.50 $2.00 $50.00 $3.00 $75.00 142 25 18'SOUD STRIPING(THERMOPLASTIC) LF $5.50 $137.50 $3.74 $93.50 $2.25 $56.25 $4.00 $100.00 143 25 24"SOLID STRIPING(THERMOPLASTIC) LF $7.00 $175.00 $5.17 $129.25 $2.85 $71.25 $5.00 $125.00 144 25 6"SKIP STRIPING(THERMOPLASTIC) LF $4.00 $100.00 $0.75 $18.75 $1.00 $25.00 $1.20 $30.00 145 25 4'SOLID STRIPING(PAINT) LF $2.50 $62.50 $0.18 $4.50 $0.50 $12.50 $0.35 $8.75 146 25 6'SOLID STRIPING(PAINT) LF $2.90 $72.50 $0.23 $5.75 $0.60 $15.00 $0.50 $12.50 147 25 8"SOLID STRIPING(PAINT) LF $3.50 $87.50 $0.35 $8.75 $0.70 $17.50 $0.55 $13.75 148 25 12"SOLID STRIPING(PAINT) LF $4.00 $100.00 $0.46 $11.50 $0.80 $20.00 $1.20 $30.00 149 25 18'SOLID STRIPING(PAINT) LF $5.00 $125.0° $0.58 $14.50 $0.90 $22.50 $1.35 $33.75' 150 25 24"SOLID STRIPING(PAINT) LF $6.00 $150.0° $0.92 $23.00 $1.00 $25.00 $1.45 $36.25 151 256"SKIP STRIPING(PAINT) LF $3.00 $7S.0d $0.29 $7.25 $0.60 $15.00 $1.10 $27.50 152 1 ARROW(THERMOPLASTIC) EA $140.00 $140.00 $63.25 $63.25 $100.00 $100.00 $110.00 $110.00 153 1 ARROW(PAINT) EA $90.00 $90.00 $17.25 $17.25 $90.00 $90.00 $65.00 $65.00 154 5 LETTERING PER LETTER(THERMOPLASTIC) EA $500.00 $2,500.00 $51.75 $258.75 $25.00 $125.00 $145.00 $725.00 155 1 HANDICAP SYMBOL(THERMOPLASTIC) EA $375.00 $375.00 $172.50 $172.50 $150.00 $150.00 $210.00 $210.00 156 1 HANDICAP SYMBOL(PAINT) EA $90.00 $90.00 $23.00 $23.00 $75.00 $75.00 $75.00 $75.00 157 10 REFLECTIVE PAVEMENT MARKER(RPM) EA $70.00 $700.00 $5.75 $57.50 $4.00 $40.00 $5.50 $55.00 158 10 REMOVE EXISTING THERMOPLASTIC LF $16.00 $160.00 $172.50 $1,725.00 $3.00 $30.00 $4.00 $40.00 PAVEMENT MARKINGS(HYDROBLAST) 159 1 PORTABLE STOP SIGN(30"X 30') EA $150.00 $150.00 $172.50 $172.50 $150.00 $150.00 $350.00 $350.00 �r OVERTIME OVERTIME OVERTIME OVERTIME CATEGORY REGULAR RATEMILREGULAR RATE REGULAR RATE REGULAR RATEItal ,=� 1 LABORER $24.00 $38.50 $28.00 $42.00 $20.00 $311011 $18.75 $28.00 2 EQUIPMENT OPERATOR $29.00 $46.40 $44.00 $66.00 $50.00 $75.00 $24.00 $36.00 3 FOREMAN $38.00 $61.00 $50.00 $75.00 $50.00 $75.00 $27.00 $41.00 4 SUPERINTENDENT $67.00 $107.00 $100.00 $150.00 $50.00 $75.00 $30.00 $45.00 5 PROVIDE 2'PUMP WITH DISCHARGE UNE- $30.00 $30.00 $200.00$ $125.00 $125.00 HOURLY RATE 6 PROVIDE 4'PUMP WITH DISCHARGE UNE- $35.00 $35.00 $400.00$ $150.00 $150.00 HOURLY RATE 7 PROVIDE 6'PUMP WITH DISCHARGE LINE- $40.00 $40.00 $600.00$ $160.00 $160.00 HOURLY RATE _ CITY OF AVENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Ci ana. er BY: Joseph S Kroll, Public Works ranspo ,cion Director DATE: June 1, 2017 SUBJECT: Bid No. 17-05-04-2 City of Aven . - ustodial Services for Aventura City of Excellence School June 14, 2017 City Commission Meeting Agenda Item SF Recommendation: It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 17-05-04-2 City of Aventura Custodial Services for Aventura City of Excellence School to the lowest responsible and responsive bidder; United Services, Inc. with a bid of $92,919.34 annually. This represents an increase from our previous contract of $879.36 for custodial services, which was renewed in April of 2015. Background: The bidding process was in accordance with the City's Purchasing Ordinance. Bids for this maintenance contract were solicited, advertised and opened on Wednesday, May 04, 2017. Five qualified bids were received as follows: United Services, Inc. $ 92,919.34 Annually Kelly Janitorial Systems, Inc. $101,400.00 Annually Delta Property Maintenance, Inc. $117,600.00 Annually Marsden Services $119,746.44 Annually SFM Services, Inc. $177,744.00 Annually The bid is based on pricing for custodial services, supplies (certified green cleaning products) and paper goods for the Aventura City of Excellence School. This is a two year term contract with the city having sole rights to extend the contract for two (2) additional two (2) year terms. A reference check of the low bid resulted in positive recommendation. The company will be required to post the appropriate insurance and bonds and all work will be subject to regular review and inspections by the Facility Manager and/or the Public Works Director. Attachments: Exhibit "A" Bid Tabulation RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 17-05-04-2, CITY OF AVENTURA CUSTODIAL SERVICES FOR AVENTURA CITY OF EXCELLENCE SCHOOL TO UNITED SERVICES INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 17-05-04-2 CITY OF AVENTURA CUSTODIAL SERVICES FOR AVENTURA CITY OF EXCELENCE SCHOOL; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that United Services, Inc. has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 17-05-04-2, CITY OF AVENTURA CUSTODIAL SERVICES FOR THE CITY OF EXCELLENCE SCHOOL is hereby awarded to United Services Inc., at the bid price as contained in the attached bid documents. City of Aventura Resolution No. 2017-___ Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the party embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 190-6008-569-4620. 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 14t" day of June, 2017. Page 2 of 3 City of Aventura Resolution No.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 BID TABULATION CUSTODIAL SERVICES FOR AVENTURA CITY OF EXCELLENCE SCHOOL BID# 17-05-04-2 Bid opening after 2:00 pm on Wednesday,May 41",2017 FACILITIES DELTA PROPERTY SFM SERVICES, INC. UNITED KELLY MARSDEN MAINTENANCE, SERVICES, INC. JANITORIAL SERVICES INC. SYSTEMS,INC MONTHLY ANNUAL MONTHLY ANNUAL MONTHLY ANNUAL MONTHLY ANNUAL MONTHLY ANNUAL 1, ACES Elementary& $9,800.00 $117,600.00 $14,812.00 $177,744.00 $7,743.28 $92,919.34 $8,450.00 $101,400.00 $9,978.87 $119,746.44 Middle School Buildin:s Monthly Bid Price x 24 = Total Bid Price for 2 Year Period(A x B>, Total Bid Price for 2 Year Period(A x Bl $235,200.00 $355,488.00 $185,838.72 $202,800.00 $239,492.88 OPTIONAL • SERVICES 1. Shampooing $0.15 $0.20 $0.21 $0.20 $0.10 per Sq.Ft Strip/Wax/Buff 2. Tile $0.35 $0.37 $0.21 $0.25 $0.45 Flooring per Sq.Ft Porter or 3. Janitor,Regular $18.00 $16.00 $15.50 $16.00 $16.50 Rate per hour r Nights/Holidays Rate $21.00 $21.00 $15.50 $22.50 $24.75 Exterior Per Cleaning Per Cleaning Per Cleaning Per Cleaning Per Cleaning 4. Window Cleaning a. Elementa ry School $750.00 $1,600.00 $3,250.00 $250.00 NA b. Middle $750.00 $1,600.00 $3,250.00 $250.00 NA School i Classroom � 5. Area Rugs, $15.00 $70.00 $65.00 $15.00 $15.00 Disinfecting& Cleaning Addendum Acknowledged N/A N/A N/A N/A NA ' Proper Bid Bond No Yes Yes Yes Yes Sub-Contractor N/A N/A N/A N/A N/A Listed Bidder Qualification. Yes Yes Yes Yes Yes Stmt Offers listed from the vendors herein are the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation, if any,are hereby rejected as late. Purchasing Agent: Dateds. Indra K. Saqu CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM y Manag -r DATE: June 8, 2017 SUBJECT: Motion to Adopt Residency • e -rence Admission Policy for Proposed Aventura Charter High School June 14, 2017 Commission Meeting Agenda Item 6 RECOMMENDATION It is recommended that the City Commission take action to establish the preference admission policy for the proposed Aventura Charter High School at this time so it can be included in the Charter application. Any member of the City Commission can make a motion at the meeting to establish terms of the admission policy for the consideration of the City Commission. BACKGROUND As you are aware, the City will be submitting an application for the proposed Aventura Charter High School to the Miami-Dade County School Board as a charter school-in-a- municipality, as provided for in Florida State Statues. As a charter school-in-a- municipality, the school can offer preference to children of Aventura residents and the City Commission can establish lottery policies. If you have any questions please feel free to contact me. EMS/act Attachment CCO1700-18 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC City Manager BY: Joanne Carr, AIC• ,.v Community Development Director DATE: June 9, 2017 SUBJECT: Request of Aventura Hospital & Medical Center for Variance to allow a front setback of 39.9 feet, where a minimum setback of 50 feet is required by Code and Modification to Variance to allow a floor area ratio of 1.56, where a floor area ratio of 1.38 was approved through Resolution No. 2016-20 and to allow open space of 18.1%, where 21.8% was permitted through Resolution No. 2016-20, to facilitate construction of a three-story expansion of the south tower at the Aventura Hospital & Medical Center at 20900 Biscayne Boulevard (01-VAR-17) June 14, 2017 City Commission Meeting Agenda Item j - RECOMMENDATION It is recommended that the City Commission approve the variance request for reduced front yard setback and approve the modification of variances to allow reduced open space and increased floor area ratio, to facilitate construction of a three story addition to the south tower at the Aventura Hospital & Medical Center, subject to the conditions contained in this staff report. THE REQUEST The applicant, Alexander I. Tachmes, on behalf of Aventura Hospital & Medical Center, is requesting a variance to Section 31-144(f)(4)c. of the City Code to allow a front yard setback of 39.9 feet, where a minimum of 50 feet is required by Code, and, modification to the variances to Section 31-144(f)(4)d. granted on March 1, 2016 through Resolution No. 2016-20, to allow increased floor area ratio of 1.56, where 1.38 was approved by the 2016 resolution and 1.28 is permitted by Code and to allow reduced open space of 18.1%, where 21.8% was approved by the 2016 resolution and 33% is required by Code. (See Exhibit #1 for Letter of Intent and Exhibit #2 for Resolution No. 2016-20). BACKGROUND OWNER OF PROPERTY Miami Beach Healthcare Group, Ltd. (Aventura Hospital & Medical Center) ADDRESS OF PROPERTY 20900 Biscayne Boulevard (See Exhibit#3 for Location Plan) SIZE OF PROPERTY 11.2513 acres (east side of campus) 2.0356 acres (north side of campus) 6.3971 acres (west side of campus) Overall campus is 19.684 acres LEGAL DESCRIPTION Tracts 1, 2 and 3 according to the plat of Biscayne Medical Plaza as recorded in Plat Book 137 at Page 76 and other lands in the City of Aventura as described in the complete legal description attached as Exhibit#4 Zoning - Subject Property: MO Medical Office District Properties to the North: MO Medical Office District Properties to the South: MO Medical Office District Properties to the East: OP Office Park District Properties to the West: MO Medical Office District and U Utilities Existing Land Use - Subject property: Overall campus contains the hospital building, 5 medical office buildings, 2 parking garages, central energy plant and surface parking East side of campus, where the subject hospital addition is proposed, contains the hospital building, 2 medical office buildings, parking garage and surface parking. West side of the campus contains three office buildings, parking garage and surface parking. The north portion of the campus, where a new parking structure is proposed, contains the central energy plant and a temporary parking area Properties to the North: Self-Storage Facility Properties to the South: Residential and Retail Buildings Properties to the East: Retail Plaza, Funeral Home and Religious Facility 2 Properties to the West: East Dixie Highway Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office The Site — The hospital campus is located on parcels fronting on Biscayne Boulevard to the east, East Dixie Highway to the west, NE 209 Street to the south and NE 211 Street to the north. The overall size of the campus is 19.684, divided by public roads into three separate pieces. The east portion of the campus is 11.2513 acres and contains the hospital building, two medical office buildings, parking garage and surface parking. The west portion of the campus is 6.3971 acres and contains three office buildings, parking garage and surface parking. The north portion of the campus is 2.0356 acres and contains the central energy plant and a temporary parking area. The area subject of this application is a proposed three story addition to the south tower on the 11.2513 acre east portion of the campus. The Project— The applicant has applied for administrative site plan review approval for construction of a three-story, 86,900 square foot addition to the existing 8 story south tower to house 60 new patient rooms, waiting rooms, staff work space, lounge and storage rooms. The addition is proposed to be located to the east of the existing south tower, fronting on Biscayne Boulevard, and will necessitate demolition of 135 surface parking spaces. The applicant has provided confirmation in writing that it will lease offsite parking spaces, provide shuttle service as necessary for hospital employees and increase valet services during construction. The development proposal also includes construction of a 5 story, 506 space parking garage on the north side of the campus, which is the subject of a separate variance request on the June 14, 2017 City Commission meeting agenda. Internal circulation will be reconfigured by adding a right-turn, deceleration lane southbound on Biscayne Boulevard, by improving the southerly exit only onto Biscayne Boulevard into an entry and exit drive and by providing a dedicated delivery only entry/exit from NE 28 Avenue and delivery parking area to the south of the proposed tower addition. A sidewalk and crosswalk will be provided along the southerly entry/exit driveway to connect from the Biscayne Boulevard sidewalk, through the site to the hospital entrance. The proposed overall site plan, demolition plan, traffic circulation plan, elevations, floor plans and landscaping plans are attached to this staff report. 3 ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the City of Aventura Comprehensive Plan. The property is designated as Business and Office on the Future Land Use Map. This category includes hospitals as a use in this designation. Citizen Comments — As of the date of writing of this report, the Community Development Department has received no written citizen comments. Community Development Department Analysis I. Request for Variance for a front yard setback of 39.9 feet where a minimum 50 foot front yard setback is required by Code. The proposed expansion to the south tower of the hospital facility has been designed for efficient connection to the existing tower. Due to the unique shape of the east campus, which terminates in a triangle at the southerly limit and due to the configuration of existing buildings, the resulting front yard setback of the proposed addition is 39.9 feet to Biscayne Boulevard, where 50 feet is required by City Code for buildings in the MO, Medical Office District. II. Request for Modification to Variance for open space of 18.1%, where 21.8% open space was approved through Resolution No. 2016-20 and the Code requires 33%. Minimum open space in the MO, Medical Office District, is 33% of the lot area. A variance to allow 21.8% open space was approved through Resolution No. 2016-20 passed on March 1, 2016. Although most of the proposed 3 story addition is located over area that is now surface parking and not over open space, it does impact some existing landscaped area and reduces overall open space by 15,988 square feet, to 18.1%. Additional landscaping will be planted along Biscayne Boulevard and NE 209 Street to mitigate this reduction. III. Request for Modification of Variance to allow floor area ratio of 1.56, where 1.38 was approved through Resolution No. 2016-20 and the Code allows 1.28. The maximum floor area ratio permitted by City Code for a 9 story building is 1.28. Variance approval was granted in 2002 through Resolution No. 2002-07 for a floor area ratio of 1.35. This variance was to facilitate expansion of the north tower. Variance modification approval was granted in 2016 through Resolution No. 2016-20 to increase floor area ratio to 1.38 to facilitate the expansion of the emergency room. This proposal for expansion of the south tower increases the floor area ratio from the 1.38 approved in 2016 to 1.56. 4 Floor area ratio is calculated by dividing the gross building area by gross lot area. Taking the campus as a whole at 19.684 acres, this 86,900 square foot expansion, in addition to all existing buildings, would not exceed the maximum floor area ratio criteria of the City Code. Campus-wide, there is 771,252 square feet of building area on 857,435 square feet of land area, which results in a floor area ratio of 0.899. However, the campus parcels are separated by public rights-of-way and therefore, cannot be evaluated for zoning purposes as a whole. Each lot has to be evaluated on its specific gross lot area. The east portion of the campus contains 11.25 acres. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation are: "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. The hardship at this location is the unique triangular shape of the east campus and the need to connect the new 3 story tower to the existing tower for efficient and effective patient care. The new tower is located at the narrowest point of the east campus. The physical shape of the parcel creates the need for variance for the reduced front yard setback and reduced open space. The need to connect the tower to the existing tower on the east campus creates the need for variance for increased FAR. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not applicable to other locations. (3) The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The unique shape of the lots, the operational requirements of the hospital facility and the division of the overall campus landholdings by public roads creates the hardship. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. 5 The requested variances will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variances will enable development of the improvements to the hospital facility, which will improve public welfare by providing enhanced medical care for the community. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity." The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Improvements are planned to Biscayne Boulevard and to internal circulation in the east campus. It is recommended that the request for variance and requests for modification of variances be granted subject to the following conditions: CONDITIONS OF APPROVAL 1. Plans shall substantially comply with those submitted with this application as follows: • "Aventura Hospital and Medical Center— South Tower Addition", Cover Sheet, Sheet C0.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", General Notes, Sheet C0.01, prepared, by Kimley Horn, date March, 2017. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 1 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 2 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 3 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 4 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21//2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 5 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital and Medical Center — South Tower Addition", Existing Conditions NW, Sheet C0.02, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Existing Conditions NE, Sheet C0.03, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Existing Conditions SW, Sheet C0.04, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Existing Conditions SE, Sheet C0.05, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Campus Parking Plan, Sheet C0.06, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Campus Master Plan, Sheet C1.00, prepared, by Kimley Horn, dated March, 2017. 6 • "Aventura Hospital and Medical Center — South Tower Addition", Site Plan, Sheet C1.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Site Plan, Sheet C1.02, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Variance Plan, Sheet C1.10, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Campus Circulation Plan, Sheet C1.20, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Demo Plan, Sheet C2.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Demo Plan, Sheet C2.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Phase 1 Erosion Control Plan, Sheet C3.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Erosion Control Notes, Sheet C3.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Erosion Control Details, Sheet C3.02, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Site Details, Sheet C4.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Paving, Grading and Drainage Plan, Sheet C5.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Paving, Grading and Drainage Plan, Sheet C5.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Cross Sections, Sheet C5.02, prepared, by Kimley Horn, date March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Paving, Grading and Drainage Details, Sheet C5.03, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Paving, Grading and Drainage Details, Sheet C5.04, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Paving, Grading and Drainage Details, Sheet C5.05, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Paving, Grading and Drainage Details, Sheet C5.06, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", WASD Notes, Sheet C6.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Overall Utility Plan, Sheet C6.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", WaterMain and Profile, Sheet C6.02, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Sewer Plan and Profile, Sheet C6.03, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Tree Disposition Plan, Sheet L0.00, prepared, by Kimley Horn dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Tree Disposition Plan, Sheet L0.01, prepared, by Kimley Horn, "dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Landscape Plan, Sheet L1.00, prepared, by Kimley Horn, dated March, 2017. 7 • "Aventura Hospital and Medical Center — South Tower Addition", Landscape Plan, Sheet L1.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Landscape Details, Sheet L1.10, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Landscape Notes, Sheet L1.11, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center", First Floor Plan, Sheet Al, prepared, by Earl Swensson Associates, Inc., dated March, 2017. • "Aventura Hospital and Medical Center", Second Floor Plan, Sheet A2, prepared, by Earl Swensson Associates, Inc., dated March, 2017. • "Aventura Hospital and Medical Center", Third Floor Plan, Sheet A3, prepared, by Earl Swensson Associates, Inc., dated March, 2017. • "Aventura Hospital and Medical Center", Roof Plan, Sheet A4, prepared, by Earl Swensson Associates, Inc., dated March, 2017. • "Aventura Hospital and Medical Center", South Tower Connector Third Floor Plan, Sheet A5, prepared, by Earl Swensson Associates, Inc., dated March, 2017. • "Aventura Hospital and Medical Center", Exterior Elevations, Sheet A6, prepared, by Earl Swensson Associates, Inc., dated March, 2017. 2. A building permit for the project shall be obtained 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. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. 3. Prior to demolition of existing surface parking spaces, the applicant shall provide to the City, in form acceptable to the City Manager, a plan showing the location of off- site parking, operation of the employee shuttle and increase in valet parking services during construction of the project. 8 ALEXANDER I. TACHMES, ESQ. Shuns a Bowen LLP I 200 South Biscayne Boulevard Suite 4100 Miami, Florida 33131 Wx" .Iz )).-)7 DIRECT (305)34]-7341 FAX (305) 347-7754 EMAIL ATachmes®shutts.cor May 1, 2017 CITY OF AVENTUF,A VIA HAND DELIVERY 2017 �d Ms. Joanne Carr , 11H „J [/J/ � p _1 .j" Community Development Director - =�C,Z7� City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 RE: Application for Variance Approval—South Tower Addition Aventura Hospital and Medical Center 20900 Biscayne Boulevard, Aventura (the"Property") Dear Joanne: We represent Miami Beach Healthcare Group, Ltd., the owner and operator("Owner") of Aventura Hospital and Medical Center, located at 20900 Biscayne Boulevard, Avcntura (the "Hospital"). In accordance with Section 31-76 of the City's Code of Ordinances (the "Code"), we hereby apply for variances to enable the construction of a 3-story addition (the"Addition")to the Hospital's south tower to accommodate sixty (60) new patient beds, with the associated reconfiguration of the parking area and internal circulation adjacent thereto (the "Parking Reconfiguration"; and together with the Addition, the "Proposed Improvements"). To accommodate the increase in patients, visitors and employees, the Owner is also proposing to construct a parking garage ("Parking Garage") with 512 parking spaces at the northwest corner of the campus, which is being requested by separate application. The Proposed Improvements will enable the Hospital to expand its services and continue to provide outstanding health benefits to Aventura residents and the surrounding communities. As you know, the Hospital was designated a Level H trauma center by the Florida Department of Health and serves as an essential access point for trauma care in northern Miami-Dade and southern Broward Counties. Due to increasing demand for quality healthcare from significant population growth in the Hospital's service areas, including Aventura, Hallandale Beach, Hollywood and Sunny Isles Beach, the Proposed Improvements are vital to service the community's needs. Exhibit 1 mIAnocs 14730343 I 01-VAR-17 shutts.com I FORT LAUDERDALE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH Ms. Joanne Can May 1, 2017 Page 2 The site plans for the Proposed Improvements received all necessary approvals, with the exception of the variance requests that are the subject of this application.' Specifically, we are requesting variances for the following: 1. Variance to front setback requirement (50 feet required; 39.9 feet provided); 2. Variance to open space requirement (21.8%required2; 18.1% provided); and 3. Variance to maximum floor area ratio (1.38 or 138% required3; 1.56 or 156.1% provided). As stated above, the requested variances will enable the construction of a new three- story, 60-bed addition to the Hospital's existing south tower. The south tower is part of the main hospital building and provides a centralized care center for patients. The south tower currently houses operating rooms, intensive care units, emergency room and diagnostic facilities, and patient beds. In addition, the Hospital is constructing an expanded emergency room area adjacent to the existing north tower. The unique functional and operational aspects of hospital care necessitate location of the new bed tower adjacent to the existing ER facilities, intensive care units, and operating rooms. The Addition will provide additional beds that need to be connected to the main hospital building on the East campus to provide efficient patient care and maximize the use of resources — including services, equipment, and staff. It will also enhance patient comfort, safety and security by allowing easy access between departments without forcing patients to leave the building. Due to the limited area available for expansion on the East Campus, the Addition will be constructed over an existing two-way driveway and surface parking area. As part of the Parking Reconfiguration, these surface parking spaces will be relocated to the Parking Garage and the existing two-way drive will be reduced to a one-way drive. In addition, the existing two-way curb cut onto N.E. 209th Street will be eliminated and the existing one-way curb cut providing access from Biscayne Boulevard will be reconfigured to accommodate two-way traffic. Existing handicapped parking spaces will be relocated north of the Biscayne Boulevard access drive to ensure that handicap patients have easy and direct access to the main hospital facilities. The Parking Reconfiguration is necessary to ensure safe access and circulation for patients, staff and guests, while providing sufficient development area to enable the construction of the Addition. Because the Hospital campus is bisected by public rights-of-way,the campus is divided into sub-areas for purposes of applying certain land development standards such as open space and floor area ratio (FAR) requirements. The Addition and Parking Reconfiguration will be constructed on the Hospital's East Campus, generally defined as the area west of Biscayne Boulevard, north of N.E. 209th Street,and east of N.E. 28th Avenue, while the Parking Garage will be constructed on the Hospital's Northwest Campus, comprised of that portion of the campus located west of N.E.28th Avenue,north of N.E.21 Ith Street, and east of East Dixie Highway. 2 Variance to open space requirement from 33%to 21.8%previously approved per Resolution 2016-20. ' Variance to maximum FAR from 1.28 to 1.38 previously approved per Resolution 2016-20, MIADOCS 14730343 1 2 shutts.com I FORT LAUDERDALE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH Ms. Joanne Can: May 1,2017 Page 3 For the reasons cited above, we are requesting the following variances to allow construction of the Proposed Improvements adjacent to the existing hospital facilities: 1. 10.1-foot variance to the front setback requirement to permit 39.9 feet where 50 feet is required. The variance to the front setback requirement is necessary due to the unique triangular shape of the East Campus. The main hospital facilities, and the south tower in particular, are located at the narrowest point of the East Campus. Due to the existing configuration of buildings, there is no other reasonable area to expand. As a result, a minor 10-foot variance to the front setback requirement is needed to allow the expansion of existing hospital facilities. Given that the requested setback variance is from Biscayne Boulevard, a major commercial corridor, it will not have an adverse impact on adjacent properties. 2. 3.7% variance to open space requirement to permit 18.1% where 21.8% is required. As mentioned above, due to the unique functional and operational aspects of the Hospital it is necessary to construct the new bed tower adjacent to the existing hospital facilities to provide efficient and effective patient care and to maximize the use of Hospital resources. The bulk of the Addition will be constructed over existing driveways and parking areas to minimize the impact on open space. As part of the Parking Reconfiguration, the existing two-way driveway will be reduced to a one-way drive in order to provide additional landscaped greenspace along the Hospital's Biscayne Boulevard frontage. The remaining open space areas impacted by the Proposed Improvements will be fully landscaped to provide an attractive buffer adjacent to Biscayne Boulevard and NW 209'h Street. 3. 0.18 variance to maximum FAR to permit 1.56 where 1.38 is required. If the Hospital campus is considered as a whole, then it would comply with the maximum FAR requirement. However, because the campus is separated by public rights-of-way, each tract must be evaluated for FAR purposes based on its respective gross lot area. As a result, a variance to the maximum permitted FAR for the East Campus — where the main hospital facilities and patient beds are located— is necessary in order to provide efficient, centralized care. Given the increased demand and expanded service area resulting from the Hospital's designation as a Level II trauma center, additional capacity in the form of patient beds is necessary to ensure the delivery of quality healthcare services to the surrounding community. It is essential that these new patient beds be connected to the main hospital facilities on the East campus to provide the most efficient and effective patient care. Due to the unique operational needs of hospital facilities as well as the existing configuration of buildings on the Hospital MIADOCS 14730343 1 3 shutts.com I FORT LAUDERDALE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH Ms. Joanne Carr May 1, 2017 Page 4 campus, there is simply no other reasonable area to expand to accommodate these additional patient beds. Variance Criteria Our application meets the variance criteria contained in Section 31-76 of the Code, set forth below. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The unique triangular shape of the East Campus development tract necessitates the need for the variances to the front setback, open space and FAR requirements. Additionally, the unique operational aspects of a hospital require the location of patient beds adjacent to the existing hospital facilities to ensure efficient and effective patient care. Due to the location of the south tower at the narrowest point of the East Campus, it is not possible to satisfy these land development standards without sacrificing safety and circulation around the main hospital facilities. Thus, the variances are needed to accommodate the narrow configuration of the lot and to ensure patient safety and well- being. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The variances requested herein result from the unique triangular shape of the East Campus development tract. The main hospital facilities, and the south tower in particular, are located at the narrowest point of the lot. Due to this narrow lot width, and the unique operational needs of hospital facilities, there is no other reasonable area for the Hospital to expand without decreasing the level of care provided to patients. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. The difficulty and hardship is not economic, but rather a function of the unique shape of the respective lots, together with the distinct operational requirements of hospital facilities. Aside from the variances requested herein, the Proposed Improvements are consistent and permitted under current Code regulations. MIADOCS 14730343 1 4 shutts.com I FORT LAUDERDALE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH Ms. Joanne Carr May 1,2017 Page 5 (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variances requested herein will enable development of the Proposed Improvements, which will improve the public welfare by providing enhanced medical care facilities for the benefit of the surrounding community. Additionally, the Proposed improvements will allow for greater efficiencies in medical care and will reduce overcrowding in the Hospital's existing facilities to the benefit of all residents in the community. The Proposed Improvements are internal to the Hospital's campus and have been designed to minimize any adverse impact on adjacent properties. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger offire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The requested variances for the Proposed Improvements will allow for development of a centralized care center with improved patient circulation and access to Hospital facilities. Given that the Proposed Improvements front on Biscayne Boulevard, a major commercial thoroughfare in the City, they will have a minimal impact on adjacent properties. On behalf of the Hospital, we are pleased to submit this letter of intent as well as the following required submission items: 1. One(1) original application; 2. One(1) original opinion of title; 3. Five(5) copies and I electronic copy of a signed and sealed survey of the property; 4. Five (5) copies and 1 electronic copy of architectural plans, civil plans and landscape plans; and 5. Disclosure of Interest Form. We respectfully request your approval of our application and look forward to enhancing the delivery of healthcare services to the Aventura community. Thank you. Very truly yours, Shutts & Bowen &- fx Alexander I. Tachmes cc: Dianne Goldenberg, CEO, Aventura Hospital and Medical Center MIADOCS 14730343 I 5 shutts.com I FORT LAUDERDALE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH RESOLUTION NO. 2016-20 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)d. OF THE CITY CODE TO ALLOW OPEN SPACE OF 21.8% WHERE A MINIMUM 33% IS REQUIRED BY CODE; AND MODIFICATION OF THE VARIANCE TO SECTION 31.1440)(4)d. OF THE CITY CODE GRANTED THROUGH RESOLUTION NO. 2002-07 TO ALLOW A FLOOR AREA RATIO OF 1.38 WHERE A FLOOR AREA RATIO OF 1.35 WAS GRANTED THROUGH RESOLUTION NO. 2002-07 AND MAXIMUM FLOOR AREA RATIO PERMITTED BY CODE IS 1.28, FOR AN EXPANSION TO THE AVENTURA HOSPITAL AT 20900 BISCAYNE BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the applicant, Miami Beach Healthcare Ltd., through Application No. 01-VAR-18, is requesting a variance from Section 31-144(f)(4)d. of the City Code to allow open space of 21.8%, where a minimum 33% open space is required by Code and modification of the variance to Section 31-144(f)(4)d. of the City Code to allow a floor area ratio of 1.38 where a maximum floor area ratio of 1.35 was granted through Resolution No. 2002-07 and a maximum floor area ratio of 1.28 is permitted by 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 variance to Section 31-144(f)(4)d. of the City Code to allow open space of 21.8%, where a minimum 33% open space is required by Code and modification of a variance from Section 31-144(f)(4)d. of the City Code to allow a floor area ratio of 1.38 where a maximum floor area ratio of 1.35 was permitted through Resolution No. 2002-07 and the maximum floor area ratio of 1.28 is permitted by Code, on property legally described in Exhibit "A" to this resolution is hereby granted exclusively to the Applicant, subject to the following conditions: Exhibit 2 01-VAR-17 City of Aventura Resolution No.2016-20 1) Plans submitted for building permit shall substantially comply with those submitted as follows: • "Aventura Hospital and Medical Center", Cover Sheet, Sheet C000, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", General Notes, Sheet C001, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital & Medical Center", ALTA/ACSM Land title Survey, Sheet 1 of 4, prepared by Fortin, Leavy, Skiles, Inc., signed and sealed. • "Aventura Hospital & Medical Center", ALTA/ACSM Land title Survey, Sheet 2 of 4, prepared by Fortin, Leavy, Skiles, Inc., signed and sealed. • "Aventura Hospital & Medical Center", ALTA/ACSM Land title Survey, Sheet 3 of 4, prepared by Fortin, Leavy, Skiles, Inc., signed and sealed. • "Aventura Hospital & Medical Center", ALTA/ACSM Land title Survey, Sheet 4 of 4, prepared by Fortin, Leavy, Skiles, Inc., signed and sealed. • "Aventura Hospital and Medical Center", Overall Existing Campus, Sheet C100, prepared, by Gresham Smith and Partners, dated 1/29/2016, not signed and sealed. • "Aventura Hospital and Medical Center", Existing Conditions-ED Expansion, Sheet C101, prepared, by Gresham Smith and Partners, dated 1/29/2016, not signed and sealed. • "Aventura Hospital and Medical Center", Existing Conditions-Remote Surface Parking Lot, Sheet C102, prepared, by Gresham Smith and Partners, dated 1/29/2016, not signed and sealed. • "Aventura Hospital and Medical Center", Demolition Plan—ED Expansion, Sheet C103, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Demolition Plan—Remote Surface Parking, Sheet C104, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Overall Site Plan, Sheet C200, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Overall Campus Parking Exhibit, Sheet C201, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Plan—ED Expansion, Sheet C202, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Signage Plan – ED Expansion, Sheet C203, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center', Site Plan—Remote Surface Parking Lot, Sheet C204, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Overall Site Grading and Drainage Plan- ED Expansion, Sheet C300, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. Page 2 of 7 City of Aventura Resolution No. 2016-20 • "Aventura Hospital and Medical Center", Detailed Site Grading and Drainage Plan— ED Expansion, Sheet C301, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Detailed Site Grading and Drainage Plan— ED Expansion, Sheet C302, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Detailed Site Grading and Drainage Plan— ED Expansion, Sheet C303, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Grading and Drainage Plan—Remote Surface Parking Lot, Sheet C304, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Grading Sections—Remote Surface Parking Lot, Sheet C305, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center', Overall Existing Drainage Map —, Sheet C400, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Existing Drainage Plan—ED Expansion, Sheet C401, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Proposed Drainage Plan—ED Expansion, Sheet C402, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Existing Drainage Plan-Remote Surface Parking Lot, Sheet C403, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center, Proposed Drainage Plan- Remote Surface Parking Lot Sheet C404, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center, Site Utility Plan, Sheet C501, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", ED Addition – SWPPP Plan Phase I, Sheet C600, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", ED Addition –SWPPP Plan Phase I, Sheet C601, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Remote Surface Parking Lot – SWPPP Plan Phase I, Sheet C602, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Remote Surface Parking Lot – SWPPP Plan Phase II, Sheet C603, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Details, Sheet C901, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. Page 3 of 7 City of Aventura Resolution No.20l6-20 • "Aventura Hospital and Medical Center", Site Details, Sheet C902, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Details, Sheet C903, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Details, Sheet C904, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Details, Sheet C905, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Details, Sheet C906, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Site Details, Sheet C907, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Tree Disposition Plan - ED Expansion, Sheet L101, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Tree Disposition Plan — Remote Surface Parking Lot, Sheet L102, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Landscape Plan-ED Expansion, Sheet L201, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", Landscape Plan-Remote Surface Parking Lot, Sheet L202, prepared, by Gresham Smith and Partners, dated, signed and sealed 1/29/2016. • "Aventura Hospital and Medical Center", First Floor— New Construction Plan, Sheet A2.1.1, prepare, by Gresham Smith and Partners, dated 12/17/2015, signed and sealed 1/26/2016. • "Aventura Hospital and Medical Center", Third Floor — Roof Plan, Sheet A2.3, prepared by Gresham Smith and Partners, dated 12/17/2015, signed and sealed 1/26/2016. • "Aventura Hospital and Medical Center", North and East Elevation, Sheet A3.00A, prepared by Gresham Smith and Partners, dated 12/17/2015, signed and sealed 1/26/2016. • "Aventura Hospital and Medical Center", South and West Elevation, Sheet A3.00B, prepared by Gresham Smith and Partners, dated 12/17/2015, signed and sealed 1/26/2016. • "Aventura Hospital and Medical Center", Electrical — Site Plan, Sheet ES1.00, prepared by Gresham Smith and Partners, dated 1/29/2016, signed and sealed 1/28/2016. 2) A building permit for the project shall be obtained 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. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. Page 4 of 7 City of Aventura Resolution No.2016-20 3) The owner agrees to design and construct road improvements on NE 211 Street and East Dixie Highway, consisting of sidewalk and curb and necessary drainage improvements as approved by the City, as part of any future hospital expansion or improvement project that first occurs after this emergency room and surface parking lot expansion; however, if such hospital expansion or improvements are not initiated prior to March 1, 2017, the owner shall complete the design and construction of the road improvements no later than March 1, 2018. The owner may request an extension of time to complete the design and construction of the road improvements and the City Manager may grant up to a six-month extension for good cause shown by the owner. Section 2. 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 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 Cohen, who moved its adoption. The motion was seconded by Commissioner Narotsky, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Yes Commissioner Teri Holzberg Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Howard Weinberg Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Absent PASSED AND ADOPTED this 1 at day of March, 2016. Page 5 of 7 City of Aventura Resolution No. 2016-20 rvr P5 £, ATTEST: rad EazT S Hsi-LE-6 `II CE M6.,/PIC rs.�.r, ELLISA L. HORVATH, CITY CLERK APPROVED A 1/14.1SUF : CITY .TTOR Y This Resolution was filed in the Office of the City Clerk this I day of Pi tzh, 2016. CITY CLERK Page 6 of 7 City of Aventura Resolution No. 2016-20 EXHIBIT"A" TO RESOLUTION NO. 2016-20 LEGAL DESCRIPTION OF LAND PARCEL 1: Tracts 1, 2 and 3 of Biscayne Medical Plaza, according to the Plat thereof, as recorded in Plat Book 137, Page 76, of the Public Records of Miami-Dade County, Florida. TOGETHER WITH: The west % of the northwest quarter of the southeast quarter of the northwest quarter of Section 34, Township 51 South, Range 42 East of Miami-Dade County, Florida; aka the west '/ of Lot 2 in Block 6 of Map of the Town of Hallandale, according to the Plat thereof, as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida. LESS THE FOLLOWING PORTIONS THEREOF: The west 25 feet of Lot 2 in Block 6 of the northwest '/ of Section 34, Township 51 South, Range 42 East of Map of the Town of Hallandale, according to the Plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida AND The south 25 feet of the west % of Lot 2, Block 6 of the northwest % of Section 34, Township 51 South, Range 42 East of Map of the Town of Hallandale, according to the Plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida AND The area bounded by the North line of the south 25 feet of Lot 2 of said Block 6 and bounded by the east line of the west 25 feet of Lot 2 of said Block 6; and bounded by a 25 foot radius arc concave to the northeast said arc being tangent to both of the last described line. FURTHER LESS AND EXCEPT FROM THE FOLLOWING: All units within Biscayne Medical Plaza, a Condominium, as recorded in Official Records Book 14509, Page 205; as amended pursuant to the instruments recorded in Official Records Book 15003, Page 691, Official Records Book 15691, Page 2934 and in Official Records Book 22973, Page 10, of the Public Records of Miami-Dade County, Florida. Page 7 of 7 •BROWe•••••COUNTY L • �'_ r•�vlynj rirnvTur�rvn'r •DADE COUNTY r4YTs•RVT�TYIi'!•VT UM Park ram VA H B DR. • •y�.r,�•• Pork `^1 i- "MARINA II • At MMPI HARBOR COVE • LLL111 Nns titol WAV CIRCLE • I Subject Site �//� &Mutual , / uiI WAY • • Centro, ti, a LMA 1NEP • © , . hV t. Waterways • III 0 WATERWAYS t Shops 207 ST. III• w is • ¢ ¢ COUNTRY CLUB DR. • •�• The $208 ` M • Promenade V '� Shops m •0 • IVES DAIRY RD. :• 203 ST O I�CTFIDj • L_ IR a O\ r9 • `iii • ; :• 201 TER. m • m :. o Turnberry Isle • 2 S) Resort&Club • AVENTURA BAND. J • IV 8 :• RescueFlre y / • • Aibrara ¢ e • -.,•• Station Library :44' ?.a " 3 • • 0 A • • _ '. Aventura Mall w o •2 • ;• O YAOHT • -This City of Aventura / Government Center M LOB til 192 ST. WILLIAM lEH • 192 ST. • � 0 • ' w 191 ST. MYSTQA • IC I. X lwehmann's J 190 ST. - a 0 Fashion ui -� • )O 3 '. Island < .. • :• N 188 ST. • m MIAMI :a 187 RT e 33180 • GARDENS DR. '• • 8 r — i c ST 33 60: i• 193 ST. DwnJoundling • i • :�. ,£ Bay • • AtWuie v • Octan i LittleWilliams • :• • Barbour 1 so ST. Mawr iac„ YN Sound • j!• Pelt C4 ;`P N • y law� p g • ♦ • .i. , • � POINT'p Toe, m • 9 • . "' • a " � -- r ' LEGEND ... O Moult ��u La • .1•• Roadways • Jr" Clty Boundary J',11, — ZIP Code Boundary �. ar > v` __ • a Railroad A • L 4 Exhibit 3 01-VAR-17 LEGAL DESCRIPTION OF LAND PARCEL 1: Tracts 1, 2 and 3 of Biscayne Medical Plaza, according to the Plat thereof, as recorded in Plat Book 137, Page 76, of the Public Records of Miami-Dade County, Florida. TOGETHER WITH: The west 1/2 of the northwest quarter of the southeast quarter of the northwest quarter of Section 34, Township 51 South, Range 42 East of Miami-Dade County, Florida; aka the west 1/2 of Lot 2 in Block 6 of Map of the Town of Hallandale, according to the Plat thereof, as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida. LESS THE FOLLOWING PORTIONS THEREOF: The west 25 feet of Lot 2 in Block 6 of the northwest '/4 of Section 34, Township 51 South, Range 42 East of Map of the Town of Hallandale, according to the Plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida AND The south 25 feet of the west 'A of Lot 2, Block 6 of the northwest '% of Section 34, Township 51 South, Range 42 East of Map of the Town of Hallandale, according to the Plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida AND The area bounded by the North line of the south 25 feet of Lot 2 of said Block 6 and bounded by the east line of the west 25 feet of Lot 2 of said Block 6; and bounded by a 25 foot radius arc concave to the northeast said arc being tangent to both of the last described line. FURTHER LESS AND EXCEPT FROM THE FOLLOWING: All units within Biscayne Medical Plaza, a Condominium, as recorded in Official Records Book 14509, Page 205; as amended pursuant to the instruments recorded in Official Records Book 15003, Page 691, Official Records Book 15691, Page 2934 and in Official Records Book 22973, Page 10, of the Public Records of Miami-Dade County, Florida. Exhibit 4 01-VAR-17 Resolution No. 2017-_ Page 2 PARCEL 2: Lots 1 through 40, inclusive, Block L and Lots 1 through 40, inclusive, Block K, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami- Dade County, Florida. PARCEL 3: Lots 17 through 24, inclusive, Block I, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, and Lots 11 through 24, inclusive, and Lots 29 and 30,BIock J, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami-Dade County, Florida; together with that portion of vacated Berkeley Avenue (a/k/a NE 27 Court) lying northerly of Seabreeze Drive (a/k/a NE 211 Street) lying between Lot 21, Block I and Lot 20, Block J, Lot 22, Block I and Lot 19, Block J Lot 23, Block I and Lot 18, Block J and Lot 24, Block I and Lot 17, Block J, and that portion of the west '/: of vacated Berkeley Avenue (a/k/a NE 27 Court) lying northerly of Seabreeze Drive (a/k/a NE 211 Street) lying easterly of and adjacent to Lots 11 through 16, inclusive, Block J, pursuant to City of Aventura Resolution No. 2000-41, as recorded in Official Records Book 19212, Page 1262, of the Public Records of Miami-Dade County, Florida. 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APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i)of the City of Aventura Land Development Code,this Applicant Represenlative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity app'ying for the Development Permit,which is identified in the accompanying application,and the msner of the properly subject to the application(if different)hereby lists and Identifies all persons representing the individual or entity applying fa the Development Permit in connection with the application,as follows: Name Relationship(i.e.ANameys.Architects,Landscape AIvhde&15,Engineers,Lobbyists.Etc.) Alexander I. Tachmes, Esq. Attorney David J. Coviello, Esq. Attorney Michael F. Schwartz, P.E. Engineer Howard Bruning Architect Tricia Richter, PLA, ASLA Landscape Architect Adrian Dabkowski Traffic Engineer 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(0)(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 zBECOMES INCORRECTppp ,ROR INCOMPLETE.TEE. WITNESS MY HAND THIS 1.!ll DAY OF_MIA__—20e AUT •IZED REPRES TA •F APPLICANT: 1 OWNER lig By. rI' — ..jE. � By: — Sigoat • (Signature) Name: Alexan Der I. Tachmes Name._ - (Pant) (Pane) Tine: Partner _ Tale:__. - Address 200 S. Biscayne Blvd.. Ste_4100 Address'. — _Miami, FL33131 --- — STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) ..� Before me the undersigned authority personally appeared VIM/( 1.T( iAyhras the authorized representative of the Applicant and/or the owner of the properly subject to the application, who being first by my sworn, did s (firm that he/she executed this Affidavit for the purposes slated therein and that it is true and cogent. ii ge_ 7�rs AFFIA T SWORN TO AND SUBSCRIBED BEFORE ME this Jay of M&ILk 4 y�J1f� 6C Notary Alio State of Florio Al arge Printed Name of Nolary5S- II d0 0 My commission expires C allailbollasee I , gw„• SUSAN C.MEET I 1 E Notary Public-Stale of Florida r 1 a•. o Commission I Ff 959844 • My Comm.Exam NO 11,2020 1 x` IMediinvyEEWMFIfWy Am 18754888 1.pol BUSINESS RELATIONSHIP AFFIDAVIT* it.o..rr' This Affidavit is made pursuant to Section 31JI(b)(2)(il)of the City d Avemura Land Development Code. The undersigned Mani hereby discloses that )mark with'i applicada portions only) N I. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. I I2 ARmnt hereby discloses that II 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) wino serves on the (List City Commiaslon or City Advisory Board upon which member serves). The nature of the BesinCss Relationship is as follows: III. Member ol City Commission or Board holds an ownership Interest in excess ol 1%of toial assets or capital stack of App cant or Representative: I I ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a wgnrabon which are not Mind on any national or regional stock exchange)or pint venturer with the Applicant or Representative in any business venture. I1 iii The Applicant or Representative is a Cleat of a member of the City Commission or Board or a Client of another professional working from the same dice or for the sane employer as the member of the City Commission or Board. O iv A City Commissioner or Board member is a Client entre Applicant or Representalive. I I v. The Applicant or Representative is a Customer ol the member of the City Commission or Board for d his or her employe')and transacts more than$10,00000 d the business of the member of the City Commission or Board(or his or her employe')in a given calendar year; vi fhe 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. WITNESSMY NANO THIS-3 DAY OFIVY,, ,2W 7 J APP CANT': Alexand: Tachmes,Esq. By" Wt.__- lib� (Sgremrel Nam 1 noir _ au_/I1 . (Hind Tae. S(FLANrf� ___ (Pao) WITNESS MY HAND THIS _DAY OF_ _ ..___. .1 PROPERTY OWNER. By _(.5i)nalure) Name (Priv) Title' (Poor) The leans "Business Relationship.' 'Client' "Customer.' 'Applicant' 'Reptesenlalrve'and Onleresled Poison'are defined in Section 7-395 of Pie Avenlwa City Code WITNESS MY NANO THIS DAY OF :20 17 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By. A4W(ft)/acne) By-_ ..-- (Squamae Name Alexander I.Tachmeg(Pna Name: Randel Forkum _/Prim Title Attorney �J _(Pilau Title: Architect _jPO th , By_ (T (Signature) By._ _. _. (Signarrae Name David J. Coviello , Oral) Name: (Prov) Title- Attorney (Rini) Title:_. __ (Print) By. _(Stgnmure) By._ (Signature Nemo,Michael F. Schwartz (fon!) Name: _... .. _(Ring Title: Engineer (Pain) Title. —(Pang By. __(.Sionalme) By: —.—_ (Signmure Title Tricia Richter _(Pang Tills' _ _(Pring Title Landscape Architect (Print) Title __. _ _(Pang By (Sgrwrure) By: __. —(-Signature Title Adrian Dabkowski (Ring Title: (Prins) T lle TraNlc Engineer___(Rail Title. __. __ . _ _(Pont By: (Signature) By: _ _ (Signature Title.Howard Bruning _piing Title: _ _._(Rim) Title:Architect (Prof) Tine _ _-_—_.—_(Poon NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and A fB mux are advised to timely stryplemem Ihis A fgdaviI pursuant to Sec. BI-71l b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prim' to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or nmcInplele. NOTARIZATION PROVISION STATE Of FLORIDA 1 COUNTY OF MIAMI-0ADE) Before me,Ole unaersgnea aullrmry,Wore appeared Alexander I.Tacnmee the AILant who bong NM by me duly swam,OM Maar or atrm Nal nethe exacted this Allidaril ld the pungses Slated Shemin Md Ilial Ars two and correct. �/L l�FAFFIANT PN95 Y/2 SWORN TO AND SUPSCRIRFO beHa me his day 01 ti(Ol { 24T ! /B J 3` `Wyep • SUSAN C.MACET ryI,p f th i'O ' .y r � Noury Public Sme of Florida Printed Namae Notary t./I•a commIMmn f FF 959844 My wmmNNm exp'vm ' f. My Coma.ExpNnos. Fa 11.2090 i STATE COUNT On OA �IdlN�aeM NINNY Notary A110' COUNTY OF MIAMI-DADE) r Do!o a mt Me u11*er50901°Amity.personally appeared DavI J.Covielo Me Mani.who being Sol by me duly sworn,did swear at algnm Ilial he/she executed Sirs AJlidonl In he pupOses staled Neem an0 ural rl is Imo and cared. ^- `^ I 011022-- AFFIANT 1 SWORN TO AND SUBSCRIBED berme me this L45ay o1 Y _,10{(.1 I /. JI— _ l.'\!"/`'y\alAl_ /l/I��(LY,-I! SUSAN C.MACH N °5!nW!W A A J x.:„...... Notary Piddle-Stale ol Florida P�Notary I"\ \li it I Commission Y Ff 959844 My°res u n expres - . My Comm.Expires Fab 11.2020 1 - 1 - -Bonded Boo*National Notary/ism. SLATE OF FLORIDA ) COUNTY OF MIAMI-0ADEI Belem ma,Ne uodetrgned auOorily,personally appeared Weimer F.sthwam IJre AManl,who Ming NRI by me duly swvn,did swear or affirm that btlshe eIeculed Mrs Apdanllw the ourpoSibm dated Memo and Mal 46 Sue awl coned AFFIANT SWORN TO AND SUBSCRIOED bebre me Mrs b.. day ol _ . 200. Ndery Pudic Stale of Fronde Al Large Printed Nerds of NOlary My conmlission expires:. . STATE OF FLORIDA 1 COUNTY OF MIAMI DADE) Below me.Me undersigned audther & Tricia R'dilm ly iDaeere4 _ Ne Agent who buin9 first by nw Jury swuma .ditl sweara rm 0a1 a executed Ibis Argot/or me Wrl✓es slatedBrereiin n mW dthat it is sue and correct AFFIANT SWORN fLI AND SUBSCItIUED Odom un llgs day d .200. Notary Public Slee IN Florida Al large Printed Name xi/Notary My culrmsiron axpres:. - WITNESS MY HAND THIS DAY OF .20 17 REPRESENTATIVE',(Listed on Business Relationship Affidavit) By. _ .__(Spnauae) By: (Sgnahre Name:Alexen er I.Tachmes(Pfin) Name:Handel Forkum (pray Titb. Attorney (print) Lite..Architect _ (Priem) (Square) By'.... (Signaeae Name:David J. Dovlello (Rby Name:_ (POO Title: Attorney lir/If) idle'. _ _(PAW) B air _(Sgrwmre) By: (Slgrrnrurn Name'M'."'7r7 chwartz _(PrfnQ Name: — _.— . (print) lino: Engineer (pin) Tine:__._ _. (Print) BK _ _—_. __(SURrwfine) By: __. ..—(SAywhuto Title:Tricia Richter _(par) Tine: _ (Prim) 1 Title: Landscape Architect (pin$) Title: _(Pony By. _ _ __ (Sgrwore) BY_ _(Signalipe Tfn_Adrlan Dabkowski (pony Tule:. . .__ (Pru,U Die:Traffic Engineer __(ppm) Title', _....__ (Rill) By: _ (Srynautfe) By: _ _(Signore Tule:Howard Bruning _(pn'ry Title: ._(Prod Titln:Architect (Plin) Till6'. . ... (Prod NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affnno are advised to timely supplement this Affidavit pursuant to Sec.31-71(b)(2)(iv)of the Clty's Land Development Regulations in the City Code, in the event that prior to consideration or the Application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or iocompl cte. NOTARIZATION PROVISION STATE OF FLORIDA I COUNTY Of MMMI.DADE) Belae me.lie unawignee lluvtiy,peRwfW agaae0Alexander I.Swims. me Agent, being,who p um by ins e duly In,OW swear affirm meI MMo axeadod m9 MidaiMidair!!dI for Me minas Mated Wrein end rider it a Iva Swims.d eorrecl. AFFIANT_ _. SWORN TO Mn SWSCRIflE0 begat no lAle _,.day of 200_ Wary NNE Sale of FMMe Al LNUe WINO time o&Ntleo My cemmisSM**asp __ _._.. STATE OF FLORIDA COUNTY OF MIAMI DADE) Bette lne.Ne undrcagned authority.plaennely epioNeO Oavl J.Cavallo me ARK who Min hal by me dolt'swan.diel swew or ROAM that hehM moiler,Pis Aida*la Ue pa00305 staled Sarah PM Owl b true NO correct. AFFIANI.. SWORN TO AND SWSCRIOFIIIalae me Wes day d..._ Nsaiy RMIc Slate d Fluids N Large Mye Nissen ornmissien ire STATE OF FLORIDA ) COUNTY OF VAAM-DADE.) galore me.Iwo uMw6gred authority,personally avowed. Michael F.schema? Ne NEW M bang Wei by me dry:wan,NO sweat or olefin Owl latlatheY eeeWled lhI Alberni N IM pwm{vstaled thwON OM Mel iS YLa ea oared. ' SWOON rOANO SUO Cm0EDMWame this 22. day o111ki4I. d.oafs7 l • Oy- ,.A�r't, JENNIFER EPPERT Nd Line oft L ;�` at Ex$ 81011 FF 122674 pm‹.t`I •l.We k1! L - - µepBw JMy 17,2078 ry Unfree rPrrwtlwmmla My eolwnslon 010135::}i 17r.-.Ykw STALE Of FLORIDA 1 _ COUNTY OF NBAMMDADEI Oeloie no.Ne uneaalgnnd authority,pNsonMy ovarPo Trlw RIctu s, UIO MIOt MU beg9 lM wry na duly sworn dd swea a dwm NIbwah. • exesaed Nis Wow!la the purposes'finial oreloLu and U1&Il is uua end mired IiWOUN 10 ANO SUBSCIWEU belorenra Ibis _day d .10t Noisy Rgfe Meta of Florida Al Laroe __. ._.. NNW n.ltreW Wary yywrmsNarexnrax_ __ _ WITNESS MY HAND DNS DAY OF_ ,2017 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By: _ (Sgneaue) BY:_...—.._ (Signature Name:Alexander I.Tachmea(Fr4 Name:Randal Forkum (Riad toe: Attorney (Print) Tttie:,Architect _ (Pint, By:..._. (Signature) By:_..._._—_—(Wenn NamB.Pavid J. Covlello (Print) Name:— (Pax) Title, Attorney PPen° Tule: .._.. (Prim) By; _ ___________ (Signature) By: (Signature Name:Michael F.Schwartz_(PrinO Name:.._.—.--. (Print) hoe: Engineer. _ (PM) Title:_ _ ._ ___!Print By. (Stratitre) By:____ (Wotan) '. Tale:Tricia Richter (Print) hile. ___(Pox) i Title: Itandscepe Architect (Prot) Tile: .._.—. . "reel By: _(Sgnawre) BY: (Sgnaave "Mt Adrian Debkowakl(prim) Title:. .. .__--- (Pian) •r TM. .dam inear !Pa) die._._ !P"x1 / By. r (Sgnanee) By:... (Sgnanve i Tale: feil (Pr✓ul Title'. .. ... _. __....____(P4N) Title:Architect _.(Print Mt ._ ___ (Print) 1i NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec.31.71(b)(2)0v)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MUM.DADE) Safe me.lee ure'spned rinenty,penn,ly appease. Amen OebVweM M Mimi.who here f451 by me duly swop,did ewer or arm mel ban mnaed due M da'il b ble pwpean Mel&NSA rd Mat M S No we cereal. -- - AfFUNi SWORN TO AND SURSCRSEDDeka me IM __dayof NmeryPUHe&eM a FIOAr AI lerya MYaoamsMm eapree'. ._.. __.. STATE W FLORIDA ) COUNTY OF MIAMI-DADE) Howard homey me AMI first M sworn.db Vett a Ann MM bale Bebe me.Me pumas Nnmty.iandMt eppeMee _ ._. % mh mauled Nualfitlevllau»pulpwnealea Mamie and mniurwenamred AFFIAN .. SWORN TO AND SUBSCRIBEDb,be melMt deYdl KATHRYN S GONZALEZ "ayMwNv,e MY COMMISSION/FFO047i7 lCDU(12DJP2� EXPIRES.lay29.7019 iMMedN ')fa4�19 My commission eproe'. . _ Kpy1NNo�N maw°Ivya.nt`ar, STATE OF FLORIDA I COUNTY OF MANII-DADE) Bebe me,pm undeapned eulnonnt pseoady appeeted.. Rat".Fwlwm_. ,_the AlieN,who being Mel by me duly swan.dM nen a m d W IMMO r WMd be Alf da'l br Ikeµrpalos Waled Made and mel II M eve and aired. AFFUM SWORN TO AND SUBSCRIBED helm.me Ws_. deyol . . __ .toe_ Ndnry Public SIe1u of Medi Allege Phlrd Naary MycommiscomMMm racism_ STATE CF FLORIDA 1 COUNtt CF MUM-DADEI Bebe M,M undNspned Newly.Pomona epprred me Mint,who bemq Mel by me duty Awn,db nem of Mean dal bons rewf d NS AIRrMM 1p me PLOW.IWed hots and Metaie We end camel. AffUNi SWORN TO AND SDBSCIIIBED beMo no Sue. _ ,day of -.200.. Ndery puha Stele of GbhMn N Laps pymNNemaal My commission 001111:. _. _..._ WITNESS MY HAND THIS DAY OF ,2017 REPRESENTATIVE(Listed on Business Relationship Affidavit) By:_ __ tSgnmure) By. __ —(Signature Name:,Alexander I.Tachmes(Pnnr) Name.Randel Forkum (Print) Title: Attorney /Prim) hale: Architect (Prot) By _ (Sipa/are) By _ _(.Sgaaerre Name:David J.Coviello (Prm) Name:.,_ (Prot) Bile. Attorney_ __ Rano Tale: _._. _.. (Rini) BY-. . _-_ - —. _(.S)rwrtuel By: (Signamrn Name:Michael F.Schwartz (Poor) Name. . —._.__. . .... _print) Ile. En ineer __,.(pin)) Title'. _. _(Pimp ' By. _. -. _(S.gnam e) By:_. ___.._(Signature Tule_Tricia Richter _ (Prti) Ttlle._ ._(Pn'n17 1 Title. Landscape Architect (Poop Me- __ _._ _(Prin) By: _ __(Sgnaiure) By:_.._--- (Silputum Title Adrian Dabkowski __(Pnn) Title _..--_ _(Frill Tule Traffic Engineer _(Pring Title. _.-___(PruN • • By. _ (Signalute) By: (Signature ',.. Title Howard Bruning (Rim) Title. (Pmt) Title:Architect -_ (Pr i) Title: _..__—_. _._(Port) NOTE. 1) Use duplicate sheets a disclosure information for Representative varies 2) Applicants and Afrants are advised to timely supplement this Affidavit ptnsueet to Sec.)I-71(b)(2)0v)of the City's Land Development Regulations in the City Code, in u® event that prior to consideration or the application by the City Board or Commission, the information pt ov ided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION SIAIL OF FLORIDA I COUNTY OF MIAMI DADE) Belpre me.the uMMsryieO Wlhnty,prenatally eryuarad Alexander I.TaCM1mee the AINutl,who being 6151 by me dory son,dd swear w affirm Met Aerate executed Na Aided b Prepurpesef elsled therein aO MI II la sue and eareCt AFFIANL SWORN 10 ANO SUBSCRIBE)barmen leas day of P. _ _. Notary Public e Stale N Florida Al Large Pined Kinn of Notary My commission expees.. _ _ STATE OF FLORIDA ) CORDIS'OF MIAMI.DADF) Beare me,the undnygrnd Ouhlxily,drowned,appeared David J.Coven° _ pe Allan)who Leroy Insley me duly sworn.dU swear or alfrm"1 heShe °securM Nis Affidavit lw an purposes slated Derain and fiat is Pee earl cwfecl. AFFIANT SWORN TO AND stnICRIOFD titbit mo leas day of _.. .. __ Al _. Select Potreo Slate ol Florida a loge Printed Name ol Nolan' My commission expos'. STATE OF FLORIDA ) couNTY of MMAY-DADEI DOkea me,,We Undws/Jred WthOrdy,personally appeared_ Michael F.Se wM- we Alvan.who harm east Ly me duly sworn.del swear or olerm*et hdLo executed We Wave M the purpsosWaled boron and Orel A is Vue and cGreel. AFFIANT SWORN TO MO SUBSCRIBED bolos me this_. day ol Notary Pubic Slate ol Fronde Al Lande art Mom N651000411r05:- x re My 01111111165100 mprosl_. ._ STATE Of FLORIDA ) COUNTY Of MNMKDAOE) Ooloro me,Pe uMssTnod audorjy,personally appeared Thula Richter Me Meant.who ' firsl by me day sworm Ord swear w atrm hal NSW exesulle0 drS AfidSt lw 11re pugoee59aled'Tern and Weld is fere and erred q 1p MON IO AND SUBSCRIBED Palate no e MI50Ldayol ..2ipy(p(]17 aS.� Cu,t-Prr° Notary Med Staeo 0dwida Nlerpe TAMMY L SCARLOTT Penrod Warne of Noury MY COMMISSION N FF967542 My ornmistion°epees:. _ _. +.,•yr• EXPIRES March 03.2020 reOft eeli 3 I maerrdary$onm war WITNESS MY HAND THIS DAY OF .2017 REPRESENTATIVE:(Listed on Business Relationship Allkiavn) By: _.___.— _ (Sgnaum) BY'--. _.. __(Signature Name:Anlexander I.Tachmee(Pdn) Name:Bendel Forkum (Piini) Title: Attorney _(Print) Title: Architect _. (kin) (Signature) By: (Signature Name:David J.Covlello (&toll Name: rymn) Title: Attorney _ (Prim) Tile'. _(Pring By.. _ .__.____ _(Sgnatre) By: (Signature Name.Michael F. Schwartz _(Pang Name'. .. (Prim) Title: Engineer (Prong Tine:— _ (Pree) By. (Slgnnlme) By:_._ __. _(Sigiwmre •'. Title:Tricia Richter_ _(pang Title' __ . _(Pring Title. Landscape Architect (Print) Tilla. _(Print) BY''/l!%were) 8Y'._ _(S jrutlum Tiiie:Adrlan Dabkowekl_.._/wag Title'. _.. --__ —(kW nue_Traffic Engineer_.__/PrkN Tllk,__ (Prue) By:_ (Signature) By: (Sgnaeme Title',Howard Bruning _(Pring Title: _ _(Punt) • Title--Architect (Pinig Title: _.._ _.. . (Prior) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants aid Affiants are advised to timely supplement This A fEda vit pursuant to See. 2I-]I(b)(2)(iv)of the Clry's Land Development Regulations in the City Code, in the event d®t prior m consideration of the application by the City Board or Com miss ion, the information provided in the Affidavit becomes incorrect or incoinplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY CC MIAAM OADE) Belneml for Med wean ansaled Masan and nal apWwd carrel DaWmwNJ _ 1 p PM PO wraerwelfin Nal M1ehne eaec/IW%h AINtlAII KK Me pupsef staled Ipmdn mo tlal Tal/�uwp//Waam��LC eared. YTe 1144 �2 FIA SWORN TO ANO SUBSCRIBED Seep inn ens yol 3 ____- • - 1�f a - • 'killMY COMMISSION FP 0g2573 ?Ra I •'.t.. I, a ` i+. _ EXPIFlES-.Aprg M1,2015 ~ Tii Not re Wd[U✓'e^wlnrs •pled Name d Way ••Y,L.,.-•• •• My uxrvnk9m exams:. _ ___. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) adore ma.No undersigned Wlvsey,pwseo&iy appeared Howard Bmnivg.. .. lie Mast who piing first by mu duly swop did swear Cl aterm Pal pdshe executed Nis Andean to Ow purposes Wiled Vmmin and lint It is we and correct. ' AFRANI SWORN TO AIA SUBSCRIBED hobo me lets My el._ . _TOT Norm MeePi'tJ.fllole at Floods At Lege 1 Prinked Name al Neap My aemsnission oxpires: _. _. STATE OF FLORIDA ) COUNTY OF WWI MOW Botta me.me uNvregnod aplharty.PMmnNX appealed Handel Fats'- - the ARAM who being PP by me duly wean,dA swear or alum Nd M9h¢ prowled Na Rediae lei Pe papaws staled Open end that A Is We end rmeel AFFIANT. SWORN 10 AND SUBSCRIBED Irebre ma Ih15_ dey of .1W. Notary Pohho Scute wl Honda Al Large Nota y My i cf,Iss 1 xpke My¢wnmsbl¢apvm'....... ... STATE OF FLORIDA I COUNTY OF Meek DADE) Below me.the undersgnod auUvii,personally sPearef-_ _ NO aunt,who being era by me duly swap PO swear a alim ea hero executeddrls Affidavit or Me purposes slated Swett)we pal n is hue tied coma AFFIANT - . . SWORN 10 AND STISCRIUEO bolero me lip .day ci .200.. Notary Pubic Stared Abide AItM e • PMIed NW°d Ndary My commission eagles:- ._. _ . RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)c. OF THE CITY CODE TO ALLOW A REDUCED FRONT YARD SETBACK OF 39.9 FEET WHERE A MINIMUM 50 FOOT FRONT YARD SETBACK IS REQUIRED, AND GRANTING APPROVAL OF MODIFICATION OF VARIANCE TO SECTION 31-144(f)(4)d. OF THE CITY CODE TO ALLOW OPEN SPACE OF 18.1% WHERE OPEN SPACE OF 21.8% WAS APPROVED THROUGH RESOLUTION NO. 2016-20 AND 33% IS REQUIRED BY CODE, AND GRANTING APPROVAL OF MODIFICATION OF VARIANCE TO SECTION 31- 144(f)(4)d. TO ALLOW A FLOOR AREA RATIO OF 1.56, WHERE A FLOOR AREA RATIO OF 1.38 WAS APPROVED THROUGH RESOLUTION NO. 2016-20 AND 1.28 IS PERMITTED BY CODE; ALL FOR A THREE STORY EXPANSION TO THE SOUTH TOWER OF THE AVENTURA HOSPITAL AT 20900 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the applicant, Alexander I. Tachmes on behalf of Miami Beach Healthcare Group Ltd., through Application No. 01-VAR-17, is requesting a variance from Section 31-144(f)(4)c. of the City Code to allow a front yard setback of 39.9 feet where a minimum 50 foot front yard setback is required by Code and modification of the variance to Section 31-144(f)(4)d. of the City Code to allow a floor area ratio of 1.56 where a maximum floor area ratio of 1.38 was granted through Resolution No. 2016-20 and a maximum floor area ratio of 1.28 is permitted by Code, and modification of variance to Section 31-144(f)(4)d. of the City Code to allow open space of 18.1%, where 21.8% open space was approved through Resolution No. 2016-20 and a minimum of 33% open space is required by 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 variance to Section 31-144(f)(4)c. of the City Code to allow a front yard setback of 39.9 feet where a minimum 50 foot front setback is required by Code; and for modification of variance to Section 31-144(f)(4)d. of the City Code to allow open space of 18.1%, where 21.8% open space was approved through Resolution No. 2016-20 and a minimum 33% open space is required by Code, and modification of a variance from Section 31-144(f)(4)d. of the City Code to allow a floor City of Aventura Resolution No.2017- area ratio of 1.56 where a maximum floor area ratio of 1.38 was permitted through Resolution No. 2016-20 and the maximum floor area ratio of 1.28 is permitted by Code, on property legally described in Exhibit "A" to this resolution is hereby granted exclusively to the Applicant, subject to the following conditions: 1) Plans submitted for building permit shall substantially comply with those submitted as follows: • "Aventura Hospital and Medical Center— South Tower Addition", Cover Sheet, Sheet C0.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", General Notes, Sheet C0.01, prepared, by Kimley Horn, date March, 2017. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 1 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 2 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 3 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 4 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21//2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 5 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital and Medical Center— South Tower Addition", Existing Conditions NW, Sheet C0.02, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Existing Conditions NE, Sheet C0.03, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Existing Conditions SW, Sheet C0.04, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center—South Tower Addition", Existing Conditions SE, Sheet C0.05, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Campus Parking Plan, Sheet C0.06, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Campus Master Plan, Sheet C1.00, prepared, by Kimley Horn, dated March, 201T • "Aventura Hospital and Medical Center— South Tower Addition", Site Plan, Sheet C1.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition', Site Plan, Sheet C1.02, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center—South Tower Addition", Variance Plan, Sheet C1.10, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Campus Circulation Plan, Sheet C1.20, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center—South Tower Addition', Demo Plan, Sheet C2.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Demo Plan, Sheet C2.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center—South Tower Addition", Phase 1 Erosion Control Plan, Sheet C3.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Erosion Control Notes, Sheet C3.01, prepared, by Kimley Horn, dated March, 2017. Page 2 of 7 City of Aventura Resolution No. 2017- • "Aventura Hospital and Medical Center—South Tower Addition", Erosion Control Details, Sheet C3.02, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center—South Tower Addition", Site Details, Sheet C4.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center—South Tower Addition", Paving, Grading and Drainage Plan, Sheet C5.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center—South Tower Addition", Paving, Grading and Drainage Plan, Sheet C5.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center—South Tower Addition", Cross Sections, Sheet C5.02, prepared, by Kimley Horn, date March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Paving, Grading and Drainage Details, Sheet C5.03, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Paving, Grading and Drainage Details, Sheet C5.04, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center—South Tower Addition", Paving, Grading and Drainage Details, Sheet C5.05, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center—South Tower Addition", Paving, Grading and Drainage Details, Sheet C5.06, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center—South Tower Addition", WASD Notes, Sheet C6.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Overall Utility Plan, Sheet C6.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", WaterMain and Profile, Sheet C6.02, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Sewer Plan and Profile, Sheet C6.03, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Tree Disposition Plan, Sheet L0.00, prepared, by Kimley Horn dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Tree Disposition Plan, Sheet L0.01, prepared, by Kimley Horn, "dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Landscape Plan, Sheet L1.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition', Landscape Plan, Sheet L1.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Landscape Details, Sheet L1.10, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— South Tower Addition", Landscape Notes, Sheet L1.11, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center", First Floor Plan, Sheet Al, prepared, by Earl Swensson Associates, Inc., dated March, 2017. • "Aventura Hospital and Medical Center', Second Floor Plan, Sheet A2, prepared, by Earl Swensson Associates, Inc., dated March, 2017. • "Aventura Hospital and Medical Center", Third Floor Plan, Sheet A3, prepared, by Earl Swensson Associates, Inc., dated March, 2017. • "Aventura Hospital and Medical Center", Roof Plan, Sheet A4, prepared, by Earl Swensson Associates, Inc., dated March, 2017. • "Aventura Hospital and Medical Center", South Tower Connector Third Floor Plan, Sheet A5, prepared, by Earl Swensson Associates, Inc., dated March, 2017. • "Aventura Hospital and Medical Center", Exterior Elevations, Sheet A6, prepared, by Earl Swensson Associates, Inc., dated March, 2017. Page 3 of 7 City of Aventura Resolution No. 2017- 2) A building permit for the project shall be obtained 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. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. 3) Prior to demolition of existing surface parking spaces, the applicant shall provide to the City, in form acceptable to the City Manager, a plan showing the location of off-site parking, operation of the employee shuttle, and increase in valet parking services during construction of the project. Section 2. 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 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 4 of 7 City of Aventura Resolution No. 2017-_ PASSED AND ADOPTED this 14th day of June, 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 5 of 7 City of Aventura Resolution No. 2017-_ EXHIBIT "A" TO RESOLUTION NO. 2017- _ LEGAL DESCRIPTION OF LAND PARCEL 1: Tracts 1, 2 and 3 of Biscayne Medical Plaza, according to the Plat thereof, as recorded in Plat Book 137, Page 76, of the Public Records of Miami-Dade County, Florida. TOGETHER WITH: The west ''/ of the northwest quarter of the southeast quarter of the northwest quarter of Section 34, Township 51 South, Range 42 East of Miami-Dade County, Florida; aka the west 1/2 of Lot 2 in Block 6 of Map of the Town of Hallandale, according to the Plat thereof, as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida. LESS THE FOLLOWING PORTIONS THEREOF: The west 25 feet of Lot 2 in Block 6 of the northwest % of Section 34, Township 51 South, Range 42 East of Map of the Town of Hallandale, according to the Plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida AND The south 25 feet of the west 1/2 of Lot 2, Block 6 of the northwest Y of Section 34, Township 51 South, Range 42 East of Map of the Town of Hallandale, according to the Plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida AND The area bounded by the North line of the south 25 feet of Lot 2 of said Block 6 and bounded by the east line of the west 25 feet of Lot 2 of said Block 6; and bounded by a 25 foot radius arc concave to the northeast said arc being tangent to both of the last described line. FURTHER LESS AND EXCEPT FROM THE FOLLOWING: All units within Biscayne Medical Plaza, a Condominium, as recorded in Official Records Book 14509, Page 205; as amended pursuant to the instruments recorded in Official Records Book 15003, Page 691, Official Records Book 15691, Page 2934 and in Official Records Book 22973, Page 10, of the Public Records of Miami-Dade County, Florida. Page 6 of 7 City of Aventura Resolution No. 2017- PARCEL 2: Lots 1 through 40, inclusive, Block L and Lots 1 through 40, inclusive, Block K, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami- Dade County, Florida. PARCEL 3: Lots 17 through 24, inclusive, Block I, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, and Lots 11 through 24, inclusive, and Lots 29 and 30,BIock J, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami-Dade County, Florida; together with that portion of vacated Berkeley Avenue (a/k/a NE 27 Court) lying northerly of Seabreeze Drive (a/k/a NE 211 Street) lying between Lot 21, Block I and Lot 20, Block J, Lot 22, Block I and Lot 19, Block J Lot 23, Block I and Lot 18, Block J and Lot 24, Block I and Lot 17, Block J, and that portion of the west % of vacated Berkeley Avenue (a/k/a NE 27 Court) lying northerly of Seabreeze Drive (a/k/a NE 211 Street) lying easterly of and adjacent to Lots 11 through 16, inclusive, Block J, pursuant to City of Aventura Resolution No. 2000-41, as recorded in Official Records Book 19212, Page 1262, of the Public Records of Miami-Dade County, Florida. PARCEL 4: All Berkeley Avenue (a/k/a NE 27 Court) that lies northerly of Maryland Way (NE 209 Street) and southerly of Seabreeze Drive (a/k/a NE 211 Street) lying between Block K and L of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami-Dade County, Florida, as vacated pursuant to City of Aventura Resolution No. 2003-42, as recorded in Official Records Book 21352, Page 2987, of the Public Records of Miami-Dade County. Page 7 of 7 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC CM City Manager ' BY: Joanne Carr, AICP Community Development 'rector DATE: June 9, 2017 SUBJECT: Request of Aventura Hospital & Medical Center for Variances to allow a front yard setback of 23.5 feet, where a minimum setback of 50 feet is required by Code; to allow a rear yard setback of 10 feet where a minimum setback of 25 feet is required by Code; to allow a driveway separation of 38.2 feet, where a minimum separation of 150 feet is required by Code and lot coverage of 45%, where a maximum 40% lot coverage is permitted by Code, all to facilitate construction of a 5 story, 506 parking space garage structure fronting on NE 211 Street on the north portion of the campus of the Aventura Hospital & Medical Center at 20900 Biscayne Boulevard (02-VAR-17) June 14, 2017 City Commission Meeting Agenda Item —15 RECOMMENDATION It is recommended that the City Commission approve the variance requests for reduced front and rear yard setbacks, reduced driveway separation and increased lot coverage to facilitate construction of a 5 story, 506 parking space garage structure for Aventura Hospital & Medical Center, subject to the conditions contained in this staff report. THE REQUEST The applicant, Alexander I. Tachmes, on behalf of Aventura Hospital & Medical Center, is requesting variances to Section 31-144(f)(4)c. of the City Code to allow a front yard setback of 23.5 feet, where a minimum front yard setback of 50 feet is required by Code, and a rear yard setback of 10 feet, where a minimum rear yard setback of 25 feet is required by Code and variance to Section 31-172(c)(2) of the City Code to allow a driveway separation of 38.2 feet, where a minimum separation of 150 feet is required by Code and variance to Section 31-144(f)(4)d.3. of the City Code to allow lot coverage of 45%, where a maximum 40% lot coverage is permitted by Code. (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Miami Beach Healthcare Group, Ltd. (Aventura Hospital & Medical Center) ADDRESS OF PROPERTY 20900 Biscayne Boulevard (See Exhibit #2 for Location Plan) SIZE OF PROPERTY 11.2513 acres (east side of campus) 2.0356 acres (north side of campus) 6.3971 acres (west side of campus) Overall campus is 19.684 acres LEGAL DESCRIPTION Tracts 1, 2 and 3 according to the plat of Biscayne Medical Plaza as recorded in Plat Book 137 at Page 76 and other lands in the City of Aventura as described in the complete legal description attached as Exhibit#3 Zoning - Subject Property: MO Medical Office District Properties to the North: MO Medical Office District Properties to the South: MO Medical Office District Properties to the East: MO Medical Office District Properties to the West: U Utilities Existing Land Use - Subject property: Overall campus contains the hospital building, 5 medical office buildings, 2 parking garages, central energy plant and surface parking East side of campus contains the hospital building, 2 medical office buildings, parking garage and surface parking. West side of the campus contains three office buildings, parking garage and surface parking. North portion of the campus, where the new parking garage is proposed, contains the central energy plant and a temporary parking area Properties to the North: Nursing Home Properties to the South: Medical Office Buildings and Garage Properties to the East: Aventura Hospital Properties to the West: East Dixie Highway 2 Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office The Site — The hospital campus is located on parcels fronting on Biscayne Boulevard to the east, East Dixie Highway to the west, NE 209 Street to the south and NE 211 Street to the north. The overall size of the campus is 19.684, divided by public roads into three separate pieces. The east portion of the campus is 11.2513 acres and contains the hospital building, two medical office buildings, parking garage and surface parking. The west portion of the campus is 6.3971 acres and contains three office buildings, parking garage and surface parking. The north portion of the campus is 2.0356 acres and contains the central energy plant and a temporary parking area. The area subject of this application is a proposed five story, 506 parking space garage on the 2.0356 acre north portion of the campus that has frontage on NE 28 Avenue, NE 211 Street and East Dixie Highway. There are two privately owned residential duplexes on East Dixie Highway that are not part of this parcel. The Project— The applicant has applied for administrative site plan review approval for construction of a five story, 506 parking space garage on the north portion of its campus fronting on NE 211 Street, in conjunction with its proposed 3 story south tower expansion on the east campus. The north portion of the campus currently contains the hospital's Central Energy Plant and a gravel valet parking area. No changes are planned to the energy plant. The garage will be constructed over the gravel parking area. The garage has been designed for employee use only based on the approved traffic queuing study for the gated entry access. This will leave the spaces available in the existing garages on the east and west campuses for patients and visitors. Architecturally, the new garage matches the garage on the west campus, with similar design, color and screening. All elevations are landscaped. A new retention pond is proposed to the west of the garage. As part of this project, the applicant will complete road improvements including curbing, sidewalk and drainage on NE 211 Street and sidewalk on East Dixie Highway. The new 3 story, 60 patient bed tower proposed on the east side of the campus requires an additional 120 spaces, making a total parking requirement of 1,991 spaces. There are currently 2,386 parking spaces on the overall hospital campus. After the loss of 100 surface spaces on the east campus due to the tower construction and addition of 506 spaces in the new parking garage on the north campus, there will be 2,672 spaces overall, or 681 spaces more than required by City Code. 3 The proposed overall site plan, demolition plan, elevations, floor plans and landscaping plans are attached to this staff report. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the City of Aventura Comprehensive Plan. The property is designated as Business and Office on the Future Land Use Map. This category includes hospitals as a use in this designation. Citizen Comments — As of the date of writing of this report, the Community Development Department has received no written citizen comments. Community Development Department Analysis I. & II. Request for Variances for a front yard setback of 23.5 feet, where a minimum 50 foot front yard setback is required by Code and rear yard setback of 10 feet, where a minimum 25 foot rear yard setback is required by Code. Due to the unique shape and narrow width of the north portion of the campus and the design constraints for a parking garage, variance is requested for both front and rear yard setbacks. The front yard setback is on NE 211 Street and the rear yard setback abuts the existing surface parking lot for the adjacent nursing home. The setback areas will be well landscaped to provide screening to the street and to the neighboring property to the north. Although there are no side yard setback requirements in this zoning district, the applicant has provided a 10 foot setback on each side yard in which to plant landscaping, so that all elevations are well landscaped and screened. III. Request for Variance for reduced driveway separation of 38.2 feet, where a minimum separation of 150 feet is required by Code. The applicant is proposing two separate entry and exit driveways to the garage, each with two lanes. There is gated access for the entry lanes. Due to the narrow width of this point of the parcel, it is not possible to space the entry and exit driveways farther apart. The variance is requested to provide internal and external circulation and safety and to accommodate the narrow width of the parcel. IV. Request for Variance for lot coverage of 45%, where a maximum lot coverage of 40% is permitted by Code. The narrow width of the north campus parcel restricts the potential footprint of the garage and limits the effective use of the lot for the proposed employee parking spaces. The applicant advises that the proposed footprint of the garage is the smallest footprint 4 capable of accommodating the existing parking needs of the hospital and its newest proposed expansion. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation are: "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. The hardship at this location is the unique shape, the narrow width of the north campus and the location of the existing central energy plant. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not applicable to other locations. (3) The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The unique shape of the lots, the internal circulation requirements of a parking garage and the need for safe external circulation on NE 211 Street creates the hardship. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The requested variances will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variances will enable development of the improvements to the hospital facility, which will improve public welfare by providing enhanced medical care for the community. 5 (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity" The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. The garage will provide needed parking spaces for the hospital and medical buildings. The restriction to use by employees only will improve availability of parking spaces in the existing garages on the east and west portions of the campus for patients and visitors. It is recommended that the request for variance and requests for modification of variances be granted subject to the following conditions: CONDITIONS OF APPROVAL 1. Plans shall substantially comply with those submitted with this application as follows: • "Aventura Hospital and Medical Center — Parking Garage, ", Cover Sheet, Sheet C0.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", General Notes, Sheet C0.01, prepared, by Kimley Horn, date March, 2017. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 1 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center' Boundary & Topographic Survey, Sheet 2 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 3 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 4 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/211/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 5 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital and Medical Center — Parking Garage", Existing Conditions NW, Sheet C0.02, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Existing Conditions NE, Sheet C0.03, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Existing Conditions SW, Sheet C0.04, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Existing Conditions SE, Sheet C0.05, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Campus Parking Plan, Sheet C0.06, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Campus Master Plan, Sheet C1.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Site Plan, Sheet C1.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Variance Plan, Sheet C1.10, prepared, by Kimley Horn, dated March, 2017. 6 • "Aventura Hospital and Medical Center — South Tower Addition", Demolition Plan, Sheet C2.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Phase 1 Erosion Control Plan, Sheet C3.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Erosion Control Notes, Sheet C3.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Erosion Control Details, Sheet C3.02, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Plan, Sheet C5.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Plan, Sheet C5.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Details, Sheet C5.02, prepared, by Kimley Horn, date March, 2017, signed and sealed 3/27/17. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Details, Sheet C5.03, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Details, Sheet C5.04, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Cross Sections, Sheet C5.05, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", WASD Notes, Sheet C6.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Utility Plan, Sheet C6.01, prepared, by Kimley Horn, dated March, 2017, signed and sealed 3/27/17. • "Aventura Hospital and Medical Center — Parking Garage", Tree Disposition Plan, Sheet L0.00, prepared, by Kimley Horn dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Landscape Plan, Sheet L1.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— Parking Garage", Landscape Details, Sheet L1.10, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— Parking Garage', Landscape Notes, Sheet L1.11, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center", 3D Concept Images, Sheet G-005, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Site Plan, Sheet A-011, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Level 1-5 Plans, Sheet A.111, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Level 5.5. Plan, Sheet A161, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Exterior Elevations, Sheet A-211, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Enlarged Elevations and Trim Details, Sheet A- 212, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Sections, Sheet A-311, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center, Sections, Sheet A-312, prepared by RR Simmons and kNovations LLC, dated March, 2017. 7 • "Aventura Hospital and Medical Center", Sections, Sheet A-313, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Sections, Sheet A-314, prepared by RR Simmons and kNovations LLC, dated March, 2017. 2. A building permit for the project shall be obtained 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. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. 3. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, the applicant will provide, in form satisfactory to the City Manager and City Attorney, a covenant restricting use of the parking garage on the north portion of the hospital campus to employees only, as proposed in the traffic queuing study prepared by the applicant's traffic engineer. This covenant shall be recorded in the Public Records of Miami-Dade County at the applicant's expense. 8 • • ALEXANDER I. TACHMES, ESQ. Shutts&Bowen LLP I 200 South Biscayne Boulevard _It 200 Miami,, FloridaFlo33131 "' DIRECT (305) 347-7341 - - " FAx (305) 347-7764 EMAIL ATachmes@shutts.com � .CITY OF AVENTUFA May ], 2017 14A '- 1 2011 ) • VIA HAND DELIVERY -.-, ,�,3((( Ms. Joanne Can Community Development Director City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 RE: Application for Variance Approval-Parking Garage Aventura Hospital and Medical Center 2601 NE 211th Street,Aventura (the"Property") Dear Joanne: We represent Miami Beach Healthcare Group, Ltd., the owner and operator("Owner") of Aventura Hospital and Medical Center, located at 20900 Biscayne Boulevard, Aventura (the "Hospital"). In accordance with Section 31-76 of the City's Code of Ordinances (the "Code"), we hereby apply for variances to enable the construction of a 5-story parking garage with 512 parking spaces on the Hospital's campus (the `Parking Garage"). As shown on the enclosed plans, the Parking Garage will be located at the northwest corner of the campus on the site of an existing gravel parking area, and will have ingress and egress on NE 211th Street. The additional parking spaces within the Parking Garage will allow the Hospital to expand its services and continue to provide outstanding health benefits to Aventura residents and the surrounding communities. Specifically, by separate application, the Owner is proposing to construct a 3-story, 60-bed addition to the Hospital's south tower (the "Addition")1 to expand patient care and meet the increasing demand of quality healthcare in the community. Given the prominent role that the Hospital plays in Aventura health care, the expansion is critical. With this increase in patients, visitors and employees, coupled with the existing shortage of parking on the campus, the Parking Garage is an integral component of the expansion. Exhibit 1 02-VAR-17 The Addition and associated reconfiguration of the parking area and internal circulation adjacent thereto (the "Parking Reconfiguration")will be constructed on the Hospital's East Campus,as defined below. MIADOCS 14730851 I shutts.com I FORT LAUDERDALE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH Ms. Joanne Can • • May t, 2017 Page 2 The site plans for the Parking Garage received all necessary approvals, with the exception of the variance requests that are the subject of this application.2 Specifically, we are requesting variances for the following: 1. Variance to front setback (50 feet required; 23.5 feet provided); 2. Variance to rear setback (25 feet required; 10 feet provided); 3. Variance to minimum driveway separation distance (150 feet required; 39.5 feet provided); 4. Variance to maximum lot coverage(max. 40%permitted; 45%provided). Although the Hospital currently complies with the off-street parking requirements under the Code, operationally there is a shortage of parking. The Parking Garage will alleviate the existing parking shortage and is designed to accommodate the parking needs of all existing and proposed buildings on the Hospital campus. In connection with the development of the Parking Garage on the Northwest Campus, the following variances are required: 1. 26.5 foot variance to the front setback requirement to permit 23.5 feet where 50 feet is required; and 2. 15 foot variance to the rear setback requirement to permit 10 feet where 25 feet is required. Variances to the front and rear setback requirements are necessary in order to address the design challenge of the narrow confines of the Northwest Campus development tract. The reduced setback areas will be landscaped to provide attractive cover that buffers the Parking Garage from adjacent properties. Note that the rear setback abuts the surface parking lot of an assisted living facility to the north; the fact that the abutting off-street parking uses are consistent minimizes any adverse impact from the reduced setback. Similarly, the front setback from NE 211th Street will not have an adverse effect as the Hospital owns the remaining frontage along NE 211th Street and will maintain adequate clearances to ensure safety and visibility for patrons entering and exiting the Parking Garage. The required side setbacks will be fully observed. 3. 110.5 foot variance to minimum driveway separation distance to permit 39.5 feet where 150 feet is required. Because the Hospital campus is bisected by public rights-of-way,the campus is divided into sub-areas for purposes of applying certain land development standards such as open space and floor area ratio (FAR)requirements. The Addition and Parking Reconfiguration will be constructed on the Hospital's East Campus, generally defined as the area west of Biscayne Boulevard,north of N.E.209th Street, and east of N.E.28th Avenue,while the Parking Garage will be constructed on the Hospital's Northwest Campus, comprised of that portion of the campus located west of N.E.28th Avenue,north of N.E.211th Street,and east of East Dixie Highway. MIADOCS 14730851 1 2 shutts.com I FORT LAUDERDALE I MIAMI 1 ORLANDO I SARASOTA 1 TALLAHASSEE I TAMPA 1 WEST PALM BEACH Ms. Joanne Can • • May 1, 2017 Page 3 A variance to the minimum driveway separation distance is required in order to accommodate separate drives for ingress and egress, which will enhance circulation and safety for patrons. Due to the narrow width of the lot, it is not possible to space the driveways further apart in accordance with Code requirements. Eliminating a driveway would increase congestion both within the Parking Garage and on NE 211th Street, which serves as an important circulator street for the Hospital campus. Thus, a variance is warranted to ensure adequate internal and external circulation and safety, and to accommodate the narrow configuration of the lot. 4. 5% variance to maximum lot coverage to permit a maximum of 45% where 40% ispermitted. As mentioned above, the narrow configuration of the Northwest Campus development tract restricts the potential footprint of the Parking Garage. This narrow configuration in turn limits the effective use of the lot in the provision of needed parking spaces for the Hospital campus. The proposed footprint of the Parking Garage is the smallest footprint capable of accommodating the existing parking needs of the Hospital and the proposed new construction. If the requested variance to lot coverage is not granted, then the Hospital will need to reduce the footprint of the Parking Garage and either increase the height of the structure—which will have a negative effect on adjacent properties — or reduce the number of parking spaces provided, which will lead to additional congestion within the Hospital campus and on surrounding streets. I. Variance Criteria Our application meets the variance criteria contained in Section 31-76 of the Code, set forth below. (I) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the speck property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The unique shape of the Northwest Campus justifies the requested setback, minimum driveway separation and lot coverage variances for the Parking Garage. Due to the narrow width of the lot, it is not possible to provide adequate safety and circulation both within the Parking Garage and on NE 211th Street, which is an important connector within the Hospital campus. Thus, the variances are needed to accommodate the narrow configuration of the lot and to ensure safety and sufficient area for internal and external circulation. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. MIADOCS 14730851 I 3 shutts.com I FORT LAUDERDALE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH Ms. Joanne Can • • May 1, 2017 Page 4 As mentioned above, the narrow width of the lot necessitates the variance requests. This narrow configuration limits the effective use of the lot, as it is not possible to provide an adequate building footprint that ensures safe internal and external circulation without adversely affecting adjacent properties. Thus, the variances are necessary to accommodate the narrow configuration of the lot and to ensure safety and sufficient area for internal and external circulation. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. The difficulty and hardship is not economic, but rather a function of the unique shape of the lot. Aside from the variances requested herein, the Parking Garage is consistent and permitted under current Code regulations. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variances requested herein will enable development of the Parking Garage, which will reduce congestion and will allow for safer access to Hospital facilities. The Parking Garage has been designed to minimize any adverse impact on adjacent properties.3 (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger offire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variances for the Parking Garage are required to accommodate the narrow lot width and provide adequate circulation. The variance relating to minimum driveway separation distance will reduce congestion on NE 211`s Street and enhance circulation and safety throughout the Hospital campus. If the requested variances are not granted then the Hospital will need to reduce the footprint of the Parking Garage and increase the height of the structure, which will have an adverse effect on neighboring properties, or reduce the number of spaces provided, which will lead to additional congestion within the Hospital campus and on surrounding streets. On behalf of the Hospital, we are pleased to submit this letter of intent as well as the following required submission items: 1. One(1) original application; While the maximum permitted height of the Parking Garage is 12 stories, we are only proposing a five-story structure, MIADOCS 14730851 I 4 shutts.com I FORT LAUDERDALE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH • Ms. Joanne Ca • Can: May 1,2017 Page 5 2. One (1) original opinion of title; 3. Five (5) copies and 1 electronic copy of a signed and sealed survey of the property; 4. Five (5) copies and 1 electronic copy of architectural plans, civil plans and landscape plans; and 5. Disclosure of Interest Form. We respectfully request your approval of our application and look forward to enhancing the delivery of healthcare services to the Aventura community. Thank you. Very truly yours, Slwtts &Bowen LLP Alexander I. Tachmes cc: Dianne Goldenberg, CEO, Aventura Hospital and Medical Center MIADOCS 14730851 I 5 shutts.com I FORT LAUDERDALE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH BRO HARD COUNTY I I I - • DADE COUNTY ~. rreriTY7Yr711TL4Jfl fl Pt ''' — ''I• 1iii :iv ran!fringe R•RVT• tSubject Site \ YACH79LUB OR. • r. 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'y Roadways 1 City Boundary ,oreF —•—•— ZIP Cade Boundary •t Railroad \1 T - Exhibit 2 02-VAR-17 LEGAL DESCRIPTION OF LAND PARCEL 1: Tracts 1, 2 and 3 of Biscayne Medical Plaza, according to the Plat thereof, as recorded in Plat Book 137, Page 76, of the Public Records of Miami-Dade County, Florida. TOGETHER WITH: The west /: of the northwest quarter of the southeast quarter of the northwest quarter of Section 34, Township 51 South, Range 42 East of Miami-Dade County, Florida; aka the west % of Lot 2 in Block 6 of Map of the Town of Hallandale, according to the Plat thereof, as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida. LESS THE FOLLOWING PORTIONS THEREOF: The west 25 feet of Lot 2 in Block 6 of the northwest '/ of Section 34, Township 51 South, Range 42 East of Map of the Town of Hallandale, according to the Plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida AND The south 25 feet of the west % of Lot 2, Block 6 of the northwest % of Section 34, Township 51 South, Range 42 East of Map of the Town of Hallandale, according to the Plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida AND The area bounded by the North line of the south 25 feet of Lot 2 of said Block 6 and bounded by the east line of the west 25 feet of Lot 2 of said Block 6; and bounded by a 25 foot radius arc concave to the northeast said arc being tangent to both of the last described line. FURTHER LESS AND EXCEPT FROM THE FOLLOWING: All units within Biscayne Medical Plaza, a Condominium, as recorded in Official Records Book 14509, Page 205; as amended pursuant to the instruments recorded in Official Records Book 15003, Page 691, Official Records Book 15691, Page 2934 and in Official Records Book 22973, Page 10, of the Public Records of Miami-Dade County, Florida. Exhibit 3 02-VAR-17 Resolution No. 2017-_ Page 2 PARCEL 2: Lots 1 through 40, inclusive, Block L and Lots 1 through 40, inclusive, Block K, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami- Dade County, Florida. PARCEL 3: Lots 17 through 24, inclusive, Block I, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, and Lots 11 through 24, inclusive, and Lots 29 and 30,BIock J, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami-Dade County, Florida; together with that portion of vacated Berkeley Avenue (a/k/a NE 27 Court) lying northerly of Seabreeze Drive (a/k/a NE 211 Street) lying between Lot 21, Block I and Lot 20, Block J, Lot 22, Block I and Lot 19, Block J Lot 23, Block I and Lot 18, Block J and Lot 24, Block I and Lot 17, Block J, and that portion of the west 1/2 of vacated Berkeley Avenue (a/k/a NE 27 Court) lying northerly of Seabreeze Drive (a/k/a NE 211 Street) lying easterly of and adjacent to Lots 11 through 16, inclusive, Block J, pursuant to City of Aventura Resolution No. 2000-41, as recorded in Official Records Book 19212, Page 1262, of the Public Records of Miami-Dade County, Florida. 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IIIIII III ��I IIIIIII 111111 ��ulllllllll (IIIIIIIII ��IIIIIIIII ��� IIIIIII IIIIIIIII - IIIItli �tlllll6l � n IIIIIIIII �NIIIIIIIIII �:IIIIIIIIII �NIIIIIIIIII �I�I (IIIIIIIII 41111111111_ IIIIIIIII- (IIIIIIIII_ ._ 111111111 ��IIIIIIIII Illllli� 111111111 � Illllllll��llllllli IIIIIIII IIIIIIIII �IIIIIIIIII rl�llllllllll- �IIIIIIIIII- (IIIIIIIII rI�n <G o� -- 0 W� APPLICANT REPRESENTATIVE AFFIDAVIT tcsr, Pursuant to Section 31-71(b)(2)(i)of the Oily olAventura Land Development Code,this Applicant Representative Affidavit s hereby made and submitted. The undersigned authorized representative of the individual or entity applying la the Development Permit,which is identified in the accompanying application,and the owner of the properly subject to the application(if diffe'enl)hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows. Name Relationship (i.e.Attorneys.Architects,Landscape Architects,Engineers.Lodbysts,Etc.) Alexander I. Tachmes, Esq. Attorney David J. Coviello, Esq. Attorney Michael F. Schwartz, P.E. Engineer Randal Forkum Architect Tricia Richter, PLA, ASLA Landscape Architect Adrian Dabkowski Traffic Engineer 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(D)(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 INCORRECT1OR INCOMPLETE. WITNESS MY HAND THIS.1710 DAY ^ OF "Arv_-I _20q AUT RIZED REPRES A IVE OF DPCCANT: OWNER By By: (Signaiuro) (Slgnatwe) Name: Alexander I. Tachmes Name: Partner (Poop ode (Pun)) Title•. Address: 200 5. Biscayne Blvd.. Ste_4100 Address: _- __ • Miami, FL33131 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) IOC n/nes Before me the undersigned authority personally appeared A { OSA • as the authorized representative of the Applicant and/or the owner of the properly subject to the application, who being first by m- •l, sworn, did sw,r' cm That he/she executed this Affidavit for the purposes slated therein and that it is true and correct myy��1 • AFFOTI s L. _ _ SWORN TO AND SUBSCRIBED BEFORE ME thirlf day of MOI 27� /Nota Public'ate of Fl 'de I Larg Print.dName p.ry..) CP My •mmission expires.a 11 .7 SUSAN C.HAAT t . e• I.W,Ptak:•811.MFIw101 CommNl.n 9 Ff 90641 t p't41(11“10' y?...E+ My Comm Expires Feb 11.20201 1 1 Bon0101hmugn National Ndna. v s 137540e8_1.pd1 BUSINESS RELATIONSHIP AFFIDAVIT' Thi Affidavit is made pursuant to Section 31.11(b)(2)(ii)of the Cily of Avenwra Land Development Code. The undersigned Affront hereby dtsdoses that. (mark with Y applicable portions only) by 1. Alfiani does S have a B,sness Relationship with any member of the Cily Commission or any City Advisory Board to whish Ilse appicalion will be presented. ) 11. Affiant thereby disdosee that II does have a Business Relationship with a member of the City Common or a City Advisory Board to which the applicatiui will be presented,as follows. (List name of Commissioner or Advisory Board Member) who serves on Ile (List City Commission or City Advisory Board upon which member serves). The nature of 0e Business Relationship is as lollows, Mantel el City Commission or Board holds an ownership interest in excess of 1%of total assets or caplet stock of Applicant or Representative; X. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are no listed on any national or regional stock exchange)or pint venturer with the Applicant m Representative in any business venture: O iii. The Applicant of Representative is a Cent of a member of the City Commission or Board or a Client of another professional waking from the same Los or for the sane employer as the member of the City Commission o Board; ()iv A City Commissioner or Board member Is a Client of the Applicant or Represenlalive, a. The Aprlicani or Representative is a Customer of the m amber of the Cily Commission or Board(or of his or her employer)and Imnsaels more then$10.000.00 of Elle 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 CO Commission or Board is a Customer of the Applicant or Representative and transacts more' yGthhan$25,000.00 of Pre business d the Applicant or Representative In a given calendar year 3 WITNESS MY HAND THIS _DAY OF Ik 7 APP CANT; Alexand: Tachmes,Esq. By.6 1 1,. 6 l� (Smoot l Nam .a to - * 11 _Palo idle'. �Syllire__. (Ping) • WITNESS MY HAND THIS _DAY OF PROPERTY OWNER. By _. (Sgr'ake) Name. Tale'. (Pia) 'Me leans 'Business Relationship." 'Client" "C'uslorner," Appitcanf` "Representative and "/nleres/ed Person"me defined in Section 1195 of Me Avenlwa Cily Code. WITNESS MY HAND THIS_ DAY OF __. ,2017 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By.\���'ynnwre) By:.. (Signature Name:Alexander I.Tachmea(Pun Name'.Bendel Forkum _gene) Title'. Attorney (Pint) tile. Architect (Pring By. (Signature) BY'.. .__._ .. (Siynanne Name:David J.Coviello (Peet) Name (Pram) Title: Attorney .(P-)g Tille:_. ----._(PMO By. __— (S erantre) By: (Siignrure Name:Michael F. Schwartz (Pen,° Name. _ ___._(Pring itle: Engineer (Platt) Tide. ___... _—(Print) By:_ _(Signature) By_ —.-- — (Signature • Title.Tricia Richter , (Prnn) Title _ _. (Pne) Tale. Landscape ArchttecJ_(Print) Title . (Prim)(Prim) By: _(Sgnature) By: . (Signature Title..Adrian Dabkowski (pane Tins. _. . (Pum) Title Traffic Engineer (prat Tine. . .. _ _.._ (Pniu) By: _(Signature) BY: - _(Signature • Title'Howard Bruning (Muni) Title: _ .. __ _game Title:Architect -(Prete Title. — __._(Prim) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and A Mains are advised to timely supplement this Affidavit pursuant to Sec. 71-71(b)(2)(Iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMIDADE) Belga me,the undersigned aulhonly,Pe6MSly appeared Alexander I.Teenme We OINK who MOB Owl by me duly swan.did swear or atrm that hNshe "tooled Ode ANdaMI for Ire purpoeon slated Mown and Thal it is true and correct. AF iANI -- SWORN 70 AND SUBSCRIBED ben me this day of .20 ��fyV1 (rir ik pieLb SUSANC.MACET Gil Notary Pak o SOU d Florida Pried Name of Notary I A• COMMulr 0 if 959/44 EN commission'ap'aae. '. � �-@�...._MV,Cann,EylfM Fah 11 2020 ImdsdNSIsMN NNN2Ame. STATE OF FLORIDA ) • COUNTY OF MMMT-0ApE) a galore me.ate undersigned minority,personally appeared David J.Coiielle , the Mem.Wm being Int by no duly sworn.db swear cc eRM That hwshe executed Nis Affidavit for the purposesstated!harem and IMO is lime and correct �C� pn,, 'AFFFIANI SWORN TO AND SUBSCRIBED entre me MstJ)s--day ell• _204' 1. • N elWN �d1y�L}f9�/ SUSAN C.MACEY nWel •s✓ `- Notary PuMk•SIMI M flerM1 l_ I"�LE ill.. nt a Nota" Commlisbn d FF 969111 Mycomnsson expires. . _. I v '. My Corn.Empires FM)11.2020 _ J ._ 4<i IS. 1.19•111waik NNINNI Noisy bon. _ STATE OF FLORIDA ) • COUNTY Of MIAMI-0ADE) • Bolero me,No uaderegnod wlhcriN.perscoNly appeared Michael F.&nwanz The AIfiaN,who being hist by me duly swbn,did swear or affirm that hbde executed Nis Alfieri for IM purposes staled Merck pad ilial it la true and=WI. AFFIANT • SWORN TO AND SUBSCRIBED Mime me Nis_ dayol _ .,2440_ , Notary Public Slated Mina At Lai o Panted Name of Notary My commission expo est _. • STATE Of FLORIDA I COUNTY OF MIAMI-DADEI Beton me,Ina uaned autriorily,personally appeared__. Tilde Plchter _ NAd e am,whobeing first by me duly sworn.did swear b afrm Oral bNshe executed Ins Affidavit fol the purposes staled Pierer and Nal it is true and conch AFFIANT SWORN f0 AND SUBSCRIBED below lad this _ day of . ..200., Nolary Public SI&e of Florida Pt large Printed Name of Notary My cawrsfml expires:_ --. _. WITNESS MY HAND THISOAY OF ,2017 REPRESENTATIVE',(Listed on Business Relationship Affidavit) . By: ._ .__(SWnuupe) By. .,. (Signature Name:Alexander I.Tach m r s(Pimm Name:Randel Fathom (Prig) Tiee: Attorney (Piro) Title:_Architect _piing By:_ (Signature) By:_._.__.- -.._(Slgnaun Name: David J.Coviello (Rug Naomi.._ (kilt) ❑0s: Attomey (Po'r✓) Title:. (Print) ligtia. —(S (Signaturel By: (Signature Nam 1d/chwartz _pyim) Name: ..__ _(Ain0 . nue;Engineer __.(Ping Tat_......._ .—(Print) By: (Signature) By: .—(Stynwnne 14e:Tricia Richter _(PmU Title, (Pring Tice:Landscape Architect (POO nue: _ (Prim) By _ ____(S5lwwre) By_... (Signature Ttk. Adrian Dabkowski (piing Title: ..__ (Fag Tele:Traffic Engineer (Pout We: _._ _. (Fria) By (Signature) By. _ _(Signature (Sgnatre T10e:Howard Bruning_(Poing T10e'. _.. ___.__(Print) Title:Architect (Pring Mei _ __-_Print) NOTE; 1) Use duplicate sheets it disclosure information for Representative vados 2)Applicants and A Moms are advised to timely supplement this Affidavit pursuant to Sec.71-71(b)(2)(iv)of the City's Land Development Regulntinns in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLoraoA ) COUNTY Of IRAMODADE) Mote totem undersigned MAIM,penenay emmomd Alexander LI 'Lminshe boka gni by me or./orooro.oro now or arm oral moos mewled Ms MIdSI ler Me mimeses elated insia end Mot Ms Ina end carol SWORN TO NM SUIISCAMEO Miura me ihis day of_ 100, key Public%le WEIMER M Largo PTIMeth Name Minim STATE OF FIRMA ) COUNTY OF MAMOVNTE) BROM nit oMamigned oullmnY.imrsominY IMPeered David T.Roolenn he MEM Me being MI by me duly mom,old mem madn,flM bakie yowled tie NOMA WM purposes alined Herein end Met Is true end correct 1 AFFIANT SITOIN 10 AND SUITSCRIDED Sabre ma no day of Haters Public Stole el EMMA'MOM FAME Name of MOTs MY TiOmmbeigo Amino: STATE OF OMAHA ) COUNTY Oi MIAMI-DALIE) Barn me.no uriciMiTati wmoity,perm*appeared PACthall Roinomoo Me P& be beim MI by lee duly swc n.did maim Mem IM le executed!MI/JIMA lot the moose.eleled Amin end Mel Sue mil coned. AFFI SWCON TO AND SUBSCRIBED bobro me die 24 dart liT)(1 21011 r JENNIFER EPPERT • • CommlnIon FF IZ/874 .• ..v ExpiresJuly17,2)18 • Odnife Reined Notary Pio convoiselm exMerii.TA SSW Its Try'I de ImPoS*0411.110 STATE Of FLORIDA I GOUT/NCR MIATAIOADE) Mem me.Me undeisiOned mem*seism*oppeered, the Mani,olio beim hi by me My sworn Ad fw elm lie'She used U NONNI Ice me purposes 1 wpieIaII8 MAIM We end toned, AFT IANT MOM(1)AND SUBSCRIBED before me Mi. . day el -- --200.. Volley WA Mete of Roden Al large WITNESS MY HAND THIS _DAY OF •2017 REPRESENTATIVE:(Listed on Business Relationship Alfdevil) I, ' }I (�.� 0 : .—(SAnauue) BY''-._ I T �Slgrrarum • Name:_Aieltander I Techmea(Rin/ Name:–Randal Forkum ._(Print) Title Attorney (Pang Tu–T!A�—r'^'^. By: .... ($(fralwe) By:...__._ .. _eSIgnru ee Name_David J.Coyleilo (ROO Name,, (Rhg Tiue: Attorney ,_.(Rini) Tile:___. .._ _(PR) BT:. ... ______, _(Signenne) By: (Src,Pnaue Nnnle:Michael F.Schwartz _(Print Nanie:__ .__.._ _Piin) Title: Engineer (Piet) Title:_ . _ .__.(Prcu) By: _.(Slgnelltre) By:_.— __ _ (Signature Tale'.Tricia Richter .._(Ping Title: _(Ret) Tine, Landscape Architect (Ping Title... __..—._ (Proal By: _l$Irgonnlre) By: _. (Signature Title'Adrian Dabkowekl _(PnnrJ Tale:. __. (PO) Nye:Traffic Engineer _IRig The: _...___..___.__.(Pr:u) By: (Slgnnnee) Br. _ (Saynmwy Title:Howard Bruning_ (Pare) Title, .. .... _. . . ._ ___.__(Finn) I Tilly Architect (POW110x'. — .—(%"n) NOTE: 1) Use duplicate sheets If disclosure information for Representative varies 2)Applicants and Affems are advised to timely supplement this Affidavit pursuant to Sec.J I41(b)(2)(Iv)of the City's Land Development Regulations In the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided In the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) CWNTY OF WAW,DWF) Bebe me.Pe LYde/egme]auhaly.pMMWy opined _0_10,21141191whia. _Za AMEN,Who Wog list by me duly sworn.OW two,co sham he/NAM angled Zi ABdDalb the papowa MAW Owen and hNd II U as end carat. - _ _ AFFIANT SWORN/0 AND SUBSCRIBED before.nolhiL.__day of ,toll.—..,AO. Naary Pubic Stole oT Maids M111101 PIM Marne dNdory MyCamdaeen e+pha., toll tole STATE OF FLORIDA ) COUNTY OF MWM.DACE) Bobo ma,Mewdaeigned MMaly,pweaaoycaned„ HowaN&unlp _ . Vie AMafL atm being Ml by me duty swan,dd eweNa MArm he Naha aajled Mh AStloal la Mw npoees fated Mirth and tint Is We and wren. AFFVNI SOON TO AND SUBSCRIBED hebe ma tM5 ._ day al . 400_ Nolen Pink Side dFbMBnMAI LaIOWMe Pmwd Named cps MY mnnnehnmrya:__._.__ .._. STATE^-,I^.sr luta_ • ` E111 Aµµµ COUNTY QE$LewmmEl NSOI .3:19•ArBobo,me,ho undmeaed euhYy,paaalyy append. YFaloua.. _Me anal,who Oohs ma Wry awn.did I%Q eF z aeaMd hit AIWA lM comma MMM Moan and Mel llM hue am areal = ;TENNESSEE : E •' NOTARY AFHANI . ., PUBLIC • lot I. — "•, oe. ,� SWORN TO AND SUBSCRIBED Mbre me Ws[.//day of Mal.. .Ia_ CLlil 1,0 fb�.N_�� toll 111 lkiel P fldN n.Sm`NMdnAIYwW Q I DL-7� FFXX��""`` pm1W Name of Nancy STATE Cr FLORIDA ) CWNTY OF MWAIOAOE) Beloromo,tlwuadwe4Rd an l%y,DYao'raaaolMemd___ .._._ _ ._. Oth awl.vino bag Int bymeeury Man.did ghee/a AIM hal a au1W S NWav Portion the Wed Zeman and Nal A ie 11V13end COMM .toll toll. _ AiFIART �. SWORN(0 AND SUOSCIIIOED balm me Ibis __day of _ _toll ._tole_ a Notary Rik Stria dRoan/Merge _. __.. .. ..._ .- Peeled Wren d NWuy MYumNaebi aphee'._. toll _._. • WITNESS MY HAND THIS____DAY OF_ ,2017 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By:_ (Sgaaaeae) By:_. _.._ (Signature Name:Alexander I Tachmes(wm) Name:Bendel Forkum (prop Title, Attorney (piing Title:.Architect (Mint), By: _. _(Signature) By:..___._ __(Signature Name:David J.Coviello (Pont) Name: (An) Title: Attorney_,_.__. ...(punt! Title:...__.. —._ _(is) By.. ... —.._._(Srywture) By: (Signature Name:Michael F.Schwartz _(Min) Name'. ._.—.__ (strop pita: Enginneeerr. !gloa) Tllle:. _.. . ._._IPSI) • • By — (Signature) BY— __. .._(Signature I Title:Tricia Richter _(prn) Title: — (Pring Two:Landscape Architect (pang Title: _.__. Med By:. . __(Svnaiure) By:...._ (Signature Title:Adrian Dabkowski _fp nag Title: _.. . (Poll) Title:Traffic Engineer (Pini/ Title...___ ____. —(pnnp • By, (Signature) By: _ (Signature flue:Howard Bruning (Ping Tine: ._ _. _ -. _--_(MTM) TIIIe,Archltect _(PtwW Title'. .. ..._—__ __(Para) lt. NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant In Scc. 31.7 I(b)(2)(iv)of the City's Land Development Regulntinim in the City Code, in die event thnt prior to consideration of the applital ion by the City Board or Commission,the information provided in the Affidavit becomes Incorrect or incotn plete. • NOTARIZATION PROVISION STA FE OF FLORIDA 1 COUNTY OF MIAAYAADE) Before me.Ne undersigned wined',pnmally ap@NM 000101der I.1.00,401 No Milani,who bobs)Anl by me Duly Spun,Ai swear or affirm NM AMYM OeeW100 bis Affidavit b the purposes Sled MRN and mel A is N.e and correct AFFIANT SWORN TO MD BUBSCRIBED babe mo OAis„__day of_ _. .. ..100.. Notary Put[Stale of Fgde N large Printed Nome M Noay My“Mmission exphn:. STATE OFFLORIDA 1 COUNTY OF MIMI-DADE) Beble me,the uedergaed aulhmy,polxuly append „JrBaeMCode” Me Adam,Who being Fest by me duly Wan,dM urea w efts that home WBNRI Nie Aftdo'b M PapYu staled NeRn end 01011 is NB and car red AGHAST SWORN TO AND SUBSCRIBED babe me Wu __.day of._.. 100_ Wiry PUMm SMM of FIaMe Al LAW g al Notary My mortnis,ionexpires: • STATE OF FLORIDA 1 COUNTY OF MN l DABEl Bobo me,Mu,Wregnod authority.personally appeared, Mohea F.Scrwam __ M Mon(who being Nst by me any spun.did aemr or orrm UeI AMNO • sarin)this Alfdavil la M purposes staled Moulin and Nal II Is We and Correct AFFIANT - - SWORN TO AND SUBSCRIBED babe me!Ns_ day01 ,200_. Notary-Paid SMleoIFWlda Allarye Nome d Wary Myco.wMSM axpis ._ _ _... STATE OF FLORIDA COUNTY OF MIAMI-DAN) Tricia111door me Alborg.wlwb NY await 6d sMeraeXml MCIAMM Salwona.Me9 prpOSeodaWwiy,pnowmtwsrea_.... .. .— __. MII'a tluy GXB[YIN)us Mdasil blhB WrrywW BbIM Meteor and maul iatrue and mre[I.•�'�'��a/' l �J /AFF.FFIIANT SWORN TO AND SUBSCRIBED below ow lois°LJOa/ol V aBreftifl <� n� Notary Public sive -mon Alms TAMMY L SCARLOTT Paled Nine&NWry .▪ '• MY COMMISSION w FF967542My[gmNsalaerokox, _- � '.▪, EXPIRES March 03.2020 mop$Ma1A3 r bianrysoreco son WITNESS MY HAND THIS_ DAY OF_ 2017 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By: (59nanrre) By- -_ (Signature Name:Alexander I,TaohmefilPrinJName Mandel Forkum (Piing Title: Attorney (Prnl) Title. Architect (Print) By, (S'ignanrce) Ed),...—_...— —(Signature Name:David J.Coviello (tiny Name. (k"+x) Title: Attorney (oris) We: __ __ _(Pint By:. _. ___—_ ____(Sgranre) By: (Signature Name.Michael F. Schwartz_(Print Name:. _—_. _ _(Point sue! Engineer (Puma Title._ ..._..__—_.—(Prim) By _—__(Signature) By —._._ _. —(Sapamre Title:Tricia Richter_, _Para TO: _ (Prini) Tille',Landsca eArchitect (Print Mlle: .—.___ _(Fria) By: ♦ ' amre) By:._ _ (Signature Tine:_Adnan Dabkowski (pro° Tide: _— (Prix) Title)Traffic Engineer _(Pram) Tale, ____._._ —(Paw I By: (Signature) By: (.w(nanre Mils:Howard Bruning (Print Title) .. . . ._ _.__!Print) Tulle:Architect (Pau) We: —.—___.—IPMO) 'i, NOTE: 1) Use duplkate sheets if disclosure information for Representative varies 1) Applicants and Afflatus are advised to timely supplement this Affidavit pursuant to Sec.Bl,7t(b)(2)(iv)of the City's Land Development Regulations in the City Code, in die event that prior to consideration of the appllcatlon by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA i COUNTY OF MIAMI•DADE) Before ow be undersigned nuthorily,personally appeared Addle Dathroweld the NUN.who list by in day w did mew or aikm that hershe wended Ws Atttleuil kir the purposes slated therein end Will is Vue end cared SWORN TO AND SUBSCRIBED before me Ihrs 2stery ol 1110111 2 . . - - - 21? ‘ I, 4 4..... ._. s d rifik OHANDASKTON LAME ' - 'i oar ...,4 MY COMMISSION II FF 092573 ..1.V.rf' ' '' ' , 7'jii.'._•,- EXPIRES:April 4.2016 •• tee Nemo el Notary rey sawnissien espked. -- .---- . STATE OF FLORIDA COUNTY Of MIAMI-DADEI r Botha Mathis under$nod audthrdY•PitensetY appeared .thniventh aaepr, lie Meg who being dm by Ina duly awn.01 smear or alien Mal Nish. executed Ws Nide*kw the moons Waled therein and mil is Irue and corral. , PASANT SWOON TO AND SUBSCRIBED bet(.nth this ... day ol---- - ----200 . . Merry Poblo OVA el Florida N Lefts r Primed Name of Notary My commethein expires:. .-- , STATE OF FLORIDA ) COUNTY OF MIAMI DADE) Dribs no.'ho sndarltheod Oolhodith ponwnelly smeared Randal;whom the Ornate who being thsi by me duly sworn,did swear or atom that haler Neese:kr des Added fa Me purposes sidled twain and(hal k Is We and wrest AFFIANT SWORN TO AND SUBSCRIBED balm me inn_ day of Nam Public thaw of IRMO Al Liege . NOW Nam ol Rolm My omission aspires— STATE CP FLORIDA 1 CCENTY Of MIAMI-010E) Before me,die undwsignorlautholth Pwsonall&Perianth---- - --- - ---the Alert who Will fret by me duly sworn.&dowser Or affirm dial herte executedthis Midsull for the pumped staled Mereth and Out,{'Iwo and=reel • AFFIANT SWORN(DNND SUBSCRIUED bertha me ihis. .. .thry ol . .. .200- Holey Public State of Florida Ailing. Ponied Name fp/Notary RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)c. OF THE CITY CODE TO ALLOW A REDUCED FRONT YARD SETBACK OF 23.5 FEET WHERE A MINIMUM 50 FOOT FRONT YARD SETBACK IS REQUIRED, AND GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)c. OF THE CITY CODE TO ALLOW A REAR YARD SETBACK OF 10 FEET, WHERE A MINIMUM 25 FOOT REAR YARD SETBACK IS REQUIRED BY CODE; GRANTING VARIANCE TO SECTION 31-172(c)(2) OF THE CITY CODE TO ALLOW A DRIVEWAY SEPARATION OF 38.2 FEET, WHERE A MINIMUM SEPARATION OF 150 FEET IS REQUIRED BY CITY CODE; AND GRANTING VARIANCE TO SECTION 31-144(f)(4)d.3. OF THE CITY CODE TO ALLOW LOT COVERAGE OF 45%, WHERE A MAXIMUM LOT COVERAGE OF 40% IS PERMITTED BY CODE, ALL FOR A 5 STORY, 506 PARKING GARAGE ON THE NORTH PORTION OF THE AVENTURA HOSPITAL AND MEDICAL CENTER CAMPUS FRONTING ON NE 211 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the applicant, Alexander I. Tachmes on behalf of Miami Beach Healthcare Group Ltd., through Application No. 02-VAR-17, is requesting a variance from Section 31-144(f)(4)c. of the City Code to allow a front yard setback of 23.5 feet where a minimum 50 foot front yard setback is required by Code; variance from Section 31-144(f)(4)c to allow a rear yard setback of 10 feet, where a minimum 25 foot rear yard setback is required by Code; variance to Section 31-172(c)(2) to allow a driveway separation of 38.2 feet, where a minimum separation of 150 feet is required by Code; and variance to Section 31-144(f)(4)d.3. to allow lot coverage of 45%, where a maximum 40% lot coverage is permitted by 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 a variance from Section 31-144(f)(4)c. of the City Code to allow a front yard setback of 23.5 feet where a minimum 50 foot front yard setback is required by Code; variance from Section 31-144(f)(4)c to allow a rear yard setback of 10 feet, where a minimum 25 foot rear yard setback is required by Code; variance to Section 31-172(c)(2) to allow a driveway separation of 38.2 feet, where a City of Aventura Resolution No. 2017-_ minimum separation of 150 feet is required by Code; and variance to Section 31- 144(f)(4)d.3. to allow lot coverage of 45%, where a maximum 40% lot coverage is permitted by Code, on property legally described in Exhibit "A" to this resolution is hereby granted exclusively to the Applicant, subject to the following conditions: 1) Plans submitted for building permit shall substantially comply with those submitted as follows: • "Aventura Hospital and Medical Center — Parking Garage", Cover Sheet, Sheet C0.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", General Notes, Sheet C0.01, prepared, by Kimley Horn, date March, 2017. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 1 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 2 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 3 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 4 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21//2016, signed and sealed. • "Aventura Hospital & Medical Center" Boundary & Topographic Survey, Sheet 5 of 5, prepared by Fortin Leavy Skiles, Inc., dated 10/21/2016, signed and sealed. • "Aventura Hospital and Medical Center — Parking Garage", Existing Conditions NW, Sheet C0.02, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Existing Conditions NE, Sheet C0.03, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Existing Conditions SW, Sheet C0.04, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Existing Conditions SE, Sheet C0.05, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Campus Parking Plan, Sheet C0.06, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Campus Master Plan, Sheet C1.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Site Plan, Sheet C1.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Variance Plan, Sheet C1.10, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Demolition Plan, Sheet C2.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— Parking Garage", Phase 1 Erosion Control Plan, Sheet C3.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Erosion Control Notes, Sheet C3.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Erosion Control Details, Sheet C3.02, prepared, by Kimley Horn, dated March, 2017. Page 2 of 7 City of Aventura Resolution No. 2017-_ • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Plan, Sheet C5.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Plan, Sheet C5.01, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Details, Sheet C5.02, prepared, by Kimley Horn, date March, 2017, signed and sealed 3/27/17. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Details, Sheet C5.03, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Paving, Grading and Drainage Details, Sheet C5.04, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — South Tower Addition", Cross Sections, Sheet C5.05, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", WASD Notes, Sheet C6.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center— Parking Garage", Utility Plan, Sheet C6.01, prepared, by Kimley Horn, dated March, 2017, signed and sealed 3/27/17. • "Aventura Hospital and Medical Center — Parking Garage", Tree Disposition Plan, Sheet L0.00, prepared, by Kimley Horn dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Landscape Plan, Sheet L1.00, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Landscape Details, Sheet L1.10, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center — Parking Garage", Landscape Notes, Sheet L1.11, prepared, by Kimley Horn, dated March, 2017. • "Aventura Hospital and Medical Center", 3D Concept Images, Sheet G-005, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Site Plan, Sheet A-011, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Level 1-5 Plans, Sheet A.111, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Level 5.5. Plan, Sheet A161, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Exterior Elevations, Sheet A-211, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Enlarged Elevations and Trim Details, Sheet A-212, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Sections, Sheet A-311, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Sections, Sheet A-312, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Sections, Sheet A-313, prepared by RR Simmons and kNovations LLC, dated March, 2017. • "Aventura Hospital and Medical Center", Sections, Sheet A-314, prepared by RR Simmons and kNovations LLC, dated March, 2017. Page 3 of 7 City of Aventura Resolution No. 2017-_ 2) A building permit for the project shall be obtained 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. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. 3) Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, the applicant will provide, in form satisfactory to the City Manager and City Attorney, a covenant restricting use of the parking garage on the north portion of the hospital campus to employees only, as proposed in the traffic queuing study prepared by the applicant's traffic engineer. This covenant shall be recorded in the Public Records of Miami-Dade County at the applicant's expense. Section 2. 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 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 4 of 7 City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 14th day of June, 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 5 of 7 City of Aventura Resolution No. 2017- EXHIBIT "A" TO RESOLUTION NO. 2017- _ LEGAL DESCRIPTION OF LAND PARCEL 1: Tracts 1, 2 and 3 of Biscayne Medical Plaza, according to the Plat thereof, as recorded in Plat Book 137, Page 76, of the Public Records of Miami-Dade County, Florida. TOGETHER WITH: The west 1/2 of the northwest quarter of the southeast quarter of the northwest quarter of Section 34, Township 51 South, Range 42 East of Miami-Dade County, Florida; aka the west '/z of Lot 2 in Block 6 of Map of the Town of Hallandale, according to the Plat thereof, as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida. LESS THE FOLLOWING PORTIONS THEREOF: The west 25 feet of Lot 2 in Block 6 of the northwest '/, of Section 34, Township 51 South, Range 42 East of Map of the Town of Hallandale, according to the Plat thereof as recorded in Plat Book 6, Page 13 of the Public Records of Miami-Dade County, Florida AND The south 25 feet of the west '/z of Lot 2, Block 6 of the northwest % of Section 34, Township 51 South, Range 42 East of Map of the Town of Hallandale, according to the Plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida AND The area bounded by the North line of the south 25 feet of Lot 2 of said Block 6 and bounded by the east line of the west 25 feet of Lot 2 of said Block 6; and bounded by a 25 foot radius arc concave to the northeast said arc being tangent to both of the last described line. FURTHER LESS AND EXCEPT FROM THE FOLLOWING: All units within Biscayne Medical Plaza, a Condominium, as recorded in Official Records Book 14509, Page 205; as amended pursuant to the instruments recorded in Official Records Book 15003, Page 691, Official Records Book 15691, Page 2934 and in Official Records Book 22973, Page 10, of the Public Records of Miami-Dade County, Florida. Page 6 of 7 City of Aventura Resolution No. 2017-_ PARCEL 2: Lots 1 through 40, inclusive, Block L and Lots 1 through 40, inclusive, Block K, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami- Dade County, Florida. PARCEL 3: Lots 17 through 24, inclusive, Block I, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, and Lots 11 through 24, inclusive, and Lots 29 and 30,BIock J, of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami-Dade County, Florida; together with that portion of vacated Berkeley Avenue (a/k/a NE 27 Court) lying northerly of Seabreeze Drive (a/k/a NE 211 Street) lying between Lot 21, Block I and Lot 20, Block J, Lot 22, Block I and Lot 19, Block J Lot 23, Block I and Lot 18, Block J and Lot 24, Block I and Lot 17, Block J, and that portion of the west 1/2 of vacated Berkeley Avenue (a/k/a NE 27 Court) lying northerly of Seabreeze Drive (a/k/a NE 211 Street) lying easterly of and adjacent to Lots 11 through 16, inclusive, Block J, pursuant to City of Aventura Resolution No. 2000-41, as recorded in Official Records Book 19212, Page 1262, of the Public Records of Miami-Dade County, Florida. PARCEL 4: All Berkeley Avenue (a/k/a NE 27 Court) that lies northerly of Maryland Way (NE 209 Street) and southerly of Seabreeze Drive (a/k/a NE 211 Street) lying between Block K and L of Amended Plat of Hallandale Park No. 6, according to the Plat thereof as recorded in Plat Book 17, Page 56, of the Public Records of Miami-Dade County, Florida, as vacated pursuant to City of Aventura Resolution No. 2003-42, as recorded in Official Records Book 21352, Page 2987, of the Public Records of Miami-Dade County. Page 7 of 7 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, I A-C City Manager BY: Joanne Carr, AIC Community Development Director DATE: June 9, 2017 SUBJECT: Application to Amend the Official Zoning Map of the City of Aventura by amending the zoning designation for vacant property on the north side of NE 213 Street, containing 2.0 acres, from B2, Community Business District to MO, Medical Office District (01-REZ-17) June 14, 2017 Local Planning Agency Agenda Item 4 June 14, 2017 City Commission Meeting Agenda Item 84- July 17, 2017 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation of a 2.0 acre parcel of land described in the Sketch and Legal Description attached to this staff report from B2, Community Business District, to MO, Medical Office District. This application for rezoning is made pursuant to Paragraph 12.3.1 of the "Seller's Conditions to Closing" in an Agreement of Purchase and Sale between the applicant and the City dated April 3, 2017. THE REQUEST The applicant, Gulfstream Park Racing Association Inc., is requesting an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for a 2 acre parcel on the north side of NE 213 Street, as described in the Sketch and Legal Description attached to this staff report, from B2, Community Business District, to MO, Medical Office District. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY: Gulfstream Park Racing Association Inc. NAME OF APPLICANT Gulfstream Park Racing Association Inc. LOCATION OF PROPERTY north side of NE 213 Street See Exhibit #2 for Location Map SIZE OF PROPERTY 2.0 acres The applicant's original landholding contained 39.2 acres on the north side of NE 213 Street, with the easterly 19.5 acres zoned B2, Community Business District and westerly 19.7 acres zoned MO, Medical Office District. In 2006, the applicant deeded 7.0 acres of the east half of the parcel to the City for development of Waterways Park. This 7.0 acre parcel was subsequently designated as Parks and Recreation on the Future Land Use Map and Recreation Open Space on the zoning map, leaving 12.7 acres in the applicant's MO District zoning parcel. An overall plan showing the existing landholding is attached as Exhibit #3. The applicant and the City have entered into an Agreement of Purchase and Sale on April 3, 2017, wherein the applicant agrees to sell to the City a 2.0 acre parcel lying adjacent to the City's Waterways Park and currently part of the applicant's parcel that is zoned MO, Medical Office District. The property to be conveyed to the City is shown in blue on the sketch attached as Exhibit #4. The Agreement of Purchase and Sale provides that the seller's obligation to sell the 2.0 acre parcel to the City is conditioned upon the seller obtaining certain development approvals; one of which is the rezoning of 2.0 acres in the 62 zoning district to MO, Medical Office District, subject to the City Code's development review and public hearing process. The parcel to be rezoned is shown in red on the sketch attached as Exhibit #4. The rezoning of the 2.0 acres from the B2 category to the MO category is to replace the 2.0 acres to be conveyed to the City, so as to maintain the 12.7 acre size of the applicant's parcel in the MO district. The current 19.5 acre, B2 zoned parcel will be reduced to 17.5 acres. In conjunction with the 2006 conveyance of Waterways Park to the City, the applicant received other development approvals through Ordinance No. 2006-16 and Resolution No. 2006-62; those being, a Development Agreement under Chapter 163 of the Florida Statutes to preserve the B2 zoning on the 19.55 acre parcel and conditional use approval on the 12.7 acre MO zoning parcel for development of a 25 story, 259 foot tall, 480 unit multifamily residential building. A modification and extension of these two approvals is contemplated by the current Agreement of Purchase and Sale and will be presented to the City Commission concurrently with this rezoning application. 2 ANALYSIS Future Land Use Designation Subject Property: Business and Office Properties to the North: Business (City of Hallandale Beach) Properties to the South: Business and Office and Medium-High Density Residential Properties to the East: Business and Office Properties to the West: Business and Office Zoning Subject Property: B2, Community Business District Properties to the North: City of Hallandale Beach Properties to the South: B2, Community Business District and RS2, Single Family Residential District Properties to the East: MO, Medical Office District Properties to the West: B2, Community Business District Existing Land Use Subject property: vacant land Properties to the North: retail, restaurant, casino Properties to the South: commercial plaza and single family residences Properties to the East: temporary horse barns Properties to the West: temporary parking area Access — The parcel is currently vacant. The site development plan approved in 2006 proposes access from NE 213 Street. Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31-77 of the Land Development Regulations: 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan. The existing future land use designation for this parcel is Business and Office. The Medical Office District zoning category may be applied to land designated as Business and Office on the City's Future Land Use Map. 3 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The property adjacent to the east is also zoned MO, Medical Office District. The property adjacent to the west is zoned 62, Community Business District. The property to the north is outside the City limits, and is developed with retail, restaurant and casino uses. The property to the south is zoned RS2, Single Family Residential District. There will be no net change in the amount of MO-zoned property within the applicant's development site. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. 4. Whether or not there are sites available in other areas currently zoned for such use. This criterion is not applicable to this application. The effect of the application will result in the same amount of MO zoned land within the overall parcel. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. This standard is not applicable to this proposed amendment. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. There will be no net increase in the size of MO zoned land in this development. There is no change in density proposed from the existing zoning category. Therefore, the proposed change will not adversely affect traffic patterns or congestion as a result of this rezoning application. Any future development application will require a traffic study to ensure that proper traffic related standards are met prior to development. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed change will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected because the application proposes no increase in population. The net size of the MO zoned parcel will remain as previously approved for the development with a maximum density of 35 dwelling units per acre. 4 8. Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The resulting zoning designation acreage will be the same as currently existing but in a slightly different location within the applicant's property. Traffic Generation — There will be no increase in traffic generation due to this rezoning application. If the concurrent conditional use extension application is approved by the City Commission, the existing approved density of 480 multifamily residential units on the parcel zoned MO, Medical Office District, will remain the same as approved in 2006. School Impacts — The rezoning of the 2.0 acre parcel will not increase residential density; rather, it will preserve the current size of the parcel zoned MO, Medical Office District. The concurrent application for modification and extension of the existing conditional use approval, if approved by the City Commission, will preserve the currently approved height and density of residential development. The application has therefore been submitted for concurrency review by the Miami Dade County School Board in accordance with the Interlocal Agreement entered into between the City and the Board. Also, in accordance with the Interlocal Agreement, the School Board has been invited as a non-voting member of the Local Planning Agency for this application. Since the original site plan development approval was issued prior to December 31, 2007 and remains valid to date, it is vested from the requirements of public school concurrency as provided by Section 9.4 of the Interlocal Agreement. Staff is awaiting written confirmation of this vesting from the School Board and will present the Board's report at second reading of the ordinance. 5 MASTRIANA & CHRISTIANSEN, PA ATTORNEYS AT LAW 1500 North Federal Highway, Suite 200, Fort Lauderdale, Florida 33304 Visit our web site: www.m-c-law.com Edwin Z Stacker,Esq. GC"CITY OF CE NTUFrinP '^,^m Broward (954) 566-1234 CITY OF AVENTL'F,q Dmait: 6)pr-c-1w Main Facs miile (305)949-1234 le: (954) 566-1592 Direct Lineine954-618-6911 2017 May 10,2017 - - VIA HAND DELIVERY Ms. Joanne Carr, Community Development Director City Hall 19200 West Country Club Drive Aventura, FL 33180 Re: Gulfstream Park Racing Association, Inc. ("Applicant") Letter of Intent for Application for Rezoning from B2 to MO Dear Ms. Can: This Letter of Intent is submitted on behalf of the Applicant, the owner of that certain two (2) acre parcel ("Property")the subject of the attached rezoning Application, in support of its request for rezoning from the City B2 district to MO. The specific parcel which is the subject of this Application is a rectangular-shaped parcel with approximately 138' of frontage on N.E. 213th St, that runs up to the County line, and is the easterly-most 2 acres of an approximately 19.5 acre B2 parcel. As the City is aware, the Applicant is the owner of an overall 32.2 acre parcel bounded on the west by Biscayne Blvd., on the north by the County line, on the south by N.E. 213th St., and to the east the parcel wraps around the City seven (7) acre Park which was conveyed by the Applicant to the City in 2006. The zoning designations on the 32.2 acres are comprised of a western 19.5 acre parcel zoned B2 and an eastern 12.7 parcel zoned MO, with Conditional Use approval for 480 residential units. The Applicant and the City have entered into a Purchase and Sale Agreement, dated April 3, 2017, wherein the City proposes to acquire two (2) additional acres ("Aventura Parcel") west of; Exhibit 1 01-REZ-17 Joanne Can May 10,2017 Page 2 and adjacent to, the City's existing Park. The Aventura Parcel is presently included within the MO parcel which is the subject of the residential Conditional Use approval. In light of the pending sale to the City, the Applicant is desirous of maintaining and reestablishing its ability to develop a residential high-rise project consistent with the existing Conditional Use density entitlements on 12.7 acres. Thus,the Applicant is initiating the first step of reconfiguring the MO parcel by requesting the City to rezone the two (2) acres contiguous to, and west of, the Aventura Parcel, from B2 to MO. By separate application, the Applicant will follow-up this rezoning, if approved, by requesting an amendment to the existing Conditional Use approval. This request is consistent with the goals objectives and policies of the City Comprehensive Plan, proposes no new uses,thus is compatible with the surrounding area's zoning and existing uses, and the Property is physically suitable for the proposed uses, as has been previously determined by the City approvals in 2006. Moreover, there is no increase in traffic or other significant impacts on public facilities;nor would the request adversely affect the overall health, safety and welfare of the surrounding neighborhoods and the City as a whole. In conclusion, we trust the City will concur that this rezoning is in the mutual best-interests of both the Applicant and the City at large, and we look forward to appearing before the City Commission. Sincerely, EDWIN J. STACKER, ESQ. BROWARD COUNTY I Subject Site DADE COUNTY ' � ■41.?ru SVT&TVr1 A'%Pr4 ■ I - Gulfstream • ■ • l Park \ YA HT LUB DR. • el '_MARINA • •▪ A+'enturu HARBOR COVE • • Hospital . ,(3' __� WAY CIRCLE ■ • &Medical ' ■ Center Q I op, 1NE�WAY ■ V ■ ` v ■ j l_M r • l y Waterwo s ■\ ■ m WATERWAYS LVD Shoppes207 ST. CD) • • ^ —, Lu w ■ • Q ¢ COUNTRY CLUB DR. • • The N2`= ��j I ' Promenade ✓ ' Shops cn • IVES DAIRY RD. • 203 ST. C'TF<L/ ■ ••• f f I• �Tq ■ I ■ I 201 TER. a_ • ■ N a Turnberry Isle • m ' v0. m Resat&Club • Q • AVENTURA 0�- 10v ��--� 0 Q, • Fire * I >- O • O .1' ▪ Rescue Aventura Q Cr Q I i • Station Library z Ci 3 * • 0 } .. 1 �, ■ _ 0 CC Q2 • • Aventura Mall t-444 srZ �u, e O YA�T Cr / . ...."N, H City of Aventura 0 LVB �J • • 1 • Government Center DAA •SVi' r. ■ 192 ST. WILLIAM LE192 ST. y ■ — � " 0� • _ -41 • 191 ST. � \(2) <2 •• w ?IC / x • 190 S . . DMS • Loehmann's ,,„1 • ■ Fashion w 1 • ci a Island ., ___ • • o, 188 ST. • m • N • Z MIAMIf I 187 ST. 33180 ;• 0 GARDENS DR. 0 li l33 60 : • 183 ST. Dten foundling I ip Bay it Atlantic Ocean • Link Z y Williams :• Biscayne rn 2,, Sound • arbour 180 ST �e e N i Point n �tS' a ;• East 7-1 •• P• kT ' T 094Z. Q • >< • aa LEGEND e . 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'N.s' .,; ,',,.; t. ,, i ._ . :t , , . - ;1411, .....„ ,..,- , , ..,..,4 1 .:•''- .'" .. ,,,....• ., ' .,A - 1 - 4110* — • .' ."---, , :-- ,....../ . e _ '.....4. .7,- • : .2 141-..1.1..1..f,...... .4 . . , 'zir.lik - • -......-- . , - •-. • 1 •-., tai e • t • . 41 - ' - Exhibit 4 01-REZ-17 7- APPLICANT APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31.71(b)(2)(i)of the City ofAventura Land Development Code,this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying far the Development Permit,which is identified in the accompanying application,and the owrar tithe properly subject to the application if different)hereby lists and identifies all persons representing the individual or entity applying for the Development Permit In connection with the application,a:follows: Name Relationship de.Attorneys,Archdeas,Landscape Architects,Engineers,Lobbyists,Etc.) lEdwi4 S $},adieu M1ovNey -°RtClter G• Lvuw4-e./d7 Tse- (Attach r(Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31.71(8)(2)(M OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN CITY C s rt.IN THE EVENT THAT PRIOR TO CONSIDERATION OF TIE APPLICATION BY THE CITY BOARD OR SSION, INFORMATION PROVIDED IN THE AFFIDAYrTJBf��EOM CES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS LO-T'OAY OF to 2047 AUTHORIZED REPRESENTATIVE OF APPLICANT: ( OWNER By By. 'D (Signature) e •• -T TlpNA9 Name: (Print) Nmne _(peke n YV�• 0.1�J Title: T.:: v : • T, • — ' . Address: Address: 90l So - 4k11wda-k Sen, 1 . 1Fi, 33009 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) -P, s. coo Belpre me the i the d authority jpersonallytappeared$ �L n auth(nlp� representativetit ofe he Applicant ardor the�•1 the property subject to the application, who being first by me duly m m or affirm that he/she executed this Affidavit • the purposes staled therein and that itis true and DOrrect. O AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this L day of Mf ASHLEY ANDUJARl Flotary PubL�S �Y Dds At irnJD MILK CommiaeianY Ff 903res Printed Name ofN 71 �1 My commissmn E.pirea My commission expires: 0-[�2 ,i2C tdj In: 9 July 26. 2019 BUSINESS RELATIONSHIP AFFIDAVIT' This Affidavit is made pursuant to Section 31-71(b)(2$ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that. (mak with•x applicable portions only) 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which Iha application will be presented [ [2. Affiant hereby discloses Nal it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the appticatron 011 be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Adhsory 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 skck of Applicant or Representative; l)ii. Member of City Commission or Board is a partner,cosharehober(as to shares of a corporation which are not listed on any national or regional slod exchange)or joint venturer with the Applicant or Representative in any business venture; (J iii. The Applicant or Representative is a Client of a member o(the City Commission or Board or a Client of another professional working from the sane office or for the same employer as the member of the City Commission or Board; (1 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 hs or he employe)in a given calendar year; ()vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ,200_ APPLICANT By: (Signature) Name: a (Print) The. a (Print) WITNESS H D THIS s s'Y OF tAAr'I PROPERTY OWNER. By: - Al (Signature) Name: __._-7-�r_'•T(te,�.11 ;a (Pray) Ti ... —n.'s- !n : rte • S "The terms ffininess Relationship."Client- "Customer,' ilopxan," "Repesentalive"and 'interested Person"are defined rn Section 1-395 of Me Avenfua City Code. WITNESS MY HANG THIS 1C'bAY OF Maki 2011 REP 11 Lis Business Relationship Affidavit) By:_ (Sgnature) By: (Sgnature Name;EILLAkA S S{ts t.Qt(Prin0 Name: (Print) Title: :.r• Mt (Pint) Tile: (Pmt) By:_ / (Sign' alum) By: (Signature Name �' ' Mein) Name: (&S) Title: 541Q41e-tee— (Print) Title: (Pont) By: (*nature) By: (Signature Name: _(Print) Name: (Print) Title: (Pint) Title: (Pres) By. (Signature) By: (Signature Title: (Print) Tile: (Pmt) Title: (Pmt) Title: (Prim) By: (*nature) By: (*nature Title: (Pmt) Tile: (Pmt) Title: (Prix) Title: (Prix) By: (Signature) By: (Signalling TON: (Print) Title: (Pmt) Title: (Pmt) Title: (Pmt) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY a MIAMI-DADE) A- S Before me me undersigned nthaity.person*appeared�b4I In who being first by me duly swan.dA swear or affirm that MJshe executed hisAffidavit b the purpmes staled therein and That itis true and cora /Y- 1 C /G A T SWORN TO AND SUBSCRIBED bete me Ns I D day of flAA•'I Peer 10(7 --- rail, Notary PWfo Smoot Merida Nobly Public Blah o(wda N L. DaItel9ialoR __Nsj Ly' I etaF{^ i My Comrlimioo GC 059638 Printed Name of Notaly %awe E4w.s01m412021 Mycommas=eO'ves STATE OF FLORIDA ) n ------- COUNTY OF MIAMIDADE) exp F1 Before rte.the underagned authority,personally appeared D the A L being fi by swan,db swear a affirm Mal hashe mated his Affidavit lone purposes staled herein and halt n true and Lind AFFI T SWORN TO AND SUBSCRIBED bebre me las IQ day of M*1_,217 - � ' ASHLEY ANDUJAR I F /',,,//// {��- commimaiona FF 9mps9a {[` ti�� dI 'Try ;_�•` My Commission Expires Printd Named clary +++..."'"'AAA„w...rrno� July tri. 2019 M.commission expires:0']al 6,13 c 15 . STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) /s . _ ((�� Before me.the undersigned authority, C ,personally appeared Qjtm KllY�0 bang first by me duly swan,did swim or affirm mat hahhe exerted this Affidavit for the purposes stated therein end that it is We and correct ----� —. — ANT ` SWORN TnryyauPor.Na� - 200 , I / joiat, bNYCOMMISSION• 092 , EXPIRESFermsmny27.2o1a S lutrwrnsaahta FIwM140111Mwbmn Prirrmd -allomry My commission cypher.__ STATE OF FLORIDA ) COUNTY CF MIAMpDADE) Before me,to undersigned authority,personally appeared the AlpanL who being first by me duly sworn.did swear a affirm Nal he/she executed this Mdasit for the purposes staled therein and that it is he and arra AFFIANT SWORN TO NC SUBSCRIBED bebeme Nis_ _dayol ,200_ Notary Pubic Shia of Florida At tape Primed Nana Notary My commission egrires._ _ -_ ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 2.0 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Gulfstream Park Racing Association Inc., through Application No. 01-REZ-17, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation for a parcel of land (the "Property") on the north side of NE 213 Street, as legally described in Exhibit "A" attached hereto, from B2, Community Business District to MO, Medical Office District; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local planning agency has determined that the rezoning is consistent with the applicable provisions of the City Comprehensive Plan as proposed to be amended; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the application for rezoning and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan and furthers the health, safety and welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. City of Aventura Ordinance No. 2017- Section 2. Official Zoning Map Amended. The Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for the 2.0 acre parcel of land located on the north side of NE 213 Street with legal description described in Exhibit "A" to this Ordinance, from B2, Community Business District, to MO, Medical Office District. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Revision of Zoning Map. It is the intention of the City Commission, and it is hereby ordained that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 5. Disclaimer and Condition. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 2 of 4 City of Aventura Ordinance No. 2017- The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 3 of 4 City of Aventura Ordinance No. 2017- PASSED on first reading this 14th day of June, 2017. PASSED AND ADOPTED on second reading this 17th day of July, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2017. CITY CLERK Page 4 of 4 TONER &ASS-MAP ASSOCIATES, INC. SURVEYORS 4341 S.W. 62nd Avenue Florida Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 LEGAL DESCRIPTION OF TWO ACRE GULFSTREAM PARCEL A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42 (P.B. 76, PG. 30, M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA LEGAL DESCRIPTION: NOTES: A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR ACRES ALSO BEING A PORTION OF THE NORTH ONE-HALF(N. RECORD.HIP,RIGHTS-0F-WAV,EASEMENTS OR OTHER MATTERS OF 1/2)OF SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2.THIS SKETCH AND DESCRIPTION ISNOT VALID'WITHOUT THE 76,PAGE 30,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED FLORIDA,SAID PARCEL BEING MORE PARTICULARLY SURVEYOR AND MAPPER. DESCRIBED AS FOLLOWS: 3. THE BEARINGS SHOWN HEREON ARE BASED ON S.88°01'22"W. ALONG THE SOUTH LINE S.E.''/R OF SECTION 27-51-42,AS SHOWN COMMENCE AT THE NORTHEAST CORNER OF THE NORTH ON THE PLAT OF GULFSTREAM PARK,RECORDED IN PLAT BOOK ONE-HALF(N.1/2)OF SAID SECTION 34,SAID POINT ALSO BEING 182,AT PAGE 195-203,OF THE PUBLIC RECORDS OF MIAMI-DADE THE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES; COUNTY,FLORIDA. THENCE 5.88°01'22"W.,ALONG THE NORTH LINE OF SAID NORTH 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND (THIS IS NOTA SURVEY). B, A DISTANCE OF 1,373.33 FEET TO A POINT ON THE ZONING 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM LINE FOR ZONES"MU AND"BT RECORDED IN OFFICIAL WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION RECORDS BOOK 25136,PAGE 3880 OF THE SAID PUBLIC SHOWN HEREON WAS AUTHORED BY STONER 8 ASSOCIATES,INC. RECORDS AND TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; 6.SEE SHEET 2 OF 2 FORA GRAPHIC DEPICTION(SKETCH)OF THE PROPERTY DESCRIBED HEREON. THENCE CONTINUE SAID S.88°01'22-W.ALONG NORTH LINE,A DISTANCE OF 138.41 FEET; THENCE 8.01°58'38'E.ALONG A LINE WEST OF AND PARALLEL WITH THE ZONING LINE OF SAID ZONES"MO'AND"B2', A DISTANCE OF 629.41 FEET TO A POINT ON THE NORTH RIGHT-0F-WAY LINE OF N.E.213th STREET,AS DESCRIBED IN OFFICIAL RECORDS BOOK 17973,PAGE 3869,OF SAID PUBLIC RECORDS; THENCE NZ/3'01'22"E.ALONG THE SAID NORTH RIGHT-OF-WAY LINE,A DISTANCE OF 138.41 FEET; THENCE N.01°58'38'W.ALONG SAID ZONING LINE,A DISTANCE OF 649.41 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF AVENTURE, MIAMI-DADE COUNTY,FLORIDA,CONTAINING 2.0 ACRES,(87,120 SQUARE FEED MORE OR LESS. CERTIFICATE: w IFUS IS RTHER CERTIFY TUT THE SKEICK ANDND LEGALEGAL DESCRIPTION SHOWN THE STANDARDS OF PANOCE SETCTTOTBY BEST LORID KNOWLEDGERPROFESSIOI NAL SURVEYORS Q' PRIERS ANDFY MPHAT PESHISIN CHAPTHPIID7,FLORIDA NRTIVE CODEE PURSUANTF SEC DUN SETFOFBY STATUTES. BOARD Of MOFE55 p.WL SURVEYgi50.VD MAPPERS NCMM1EA SPIT.FLONDAPpIIXISTMTIYE CODE,PURSUANT TO SE DUN 4120/.FLORIDALIW STPTVTE6, SEALyNG DATE �. DATE: Feb 14, 2017 NOT VAUD UNLESS o RICHARD G. CRAWFORD Jr. SFR Fn HERE WITH wl AN EMBOSSED PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SEAL ze T`IIE MAWQIu SHOWN HEREON IS THE OF 8 =CO ASSOCIATES.INC.AND SHALL NOT BE REPRODUCED M WHOLE OR IN DAIS OF $KBTC11' DRAWN BY CHECKED BY FIELD BOOK01'- PPAARTnOUTPERMISSION OFSTONER•ASSOCIATES.INC. 12/22/16 DWS RGC N/A SHEET 1 OF 2 Y" STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd AVE. Flodda licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION TWO ACRE GULFSTREAM PARCEL BEING A PORTION OF TRACTA OF DONN ACRES SECTION 34-51-42 (P.B. 76,PG.30,M.D.OR.) CITY OF AVENT URA,MIAMI-DADE COUNTY,FLORIDA NORM LINE NORTH LINE EL B N.1/2$ELPGN$C TRACT =SPR WE IP 41 lex G. IDS-]Ol. B.c P.! SB89142M14. 1.3]333 __ _ 5.88°01'22'W. 13841' P.O.B. P.O.C. NORTH LINE N.E.CORNER.N.112 Of SECTION 'BULB A 3651-42 AND N.E DONN ACRES.PS 76.PGCORNER0,IA D,C.R • - a Q N CO CPI W . '- q' n • m A PORTION OF TRACT A CO DONN 76ACRES 0 u o c (Ps. . xl o ▪ N BB 67.120 SOFT.3 _ •- 2.00 ACRES `. Jo ER LEGEND: 98 O.R B OFFICIAL RECORDS BOOK a P.6 PLAT BOOK r- PG.. PAGE r M.D.C.R MIAMI-DADE COUNTY RECORDS B.C.R.. .. BROWARD COUNTY RECORDS P.O C POINT OF COMMENCEMENT \ POB . POINT OF BEGINNING Q CENTERLINE �L"P(O RBE2& _ SQ. FT SQUARE FEET — — N38°01'22°C 138.41' -1,-- BREAK IN SCALE N.E. 213th STREET ,-N_RPM LINE RIGHT-0E-WAV DEEDED TO THE Cm DF SCALE:1'=100' AVENTURA PER ORB.17937.PG.3868. SP RIG44TUKE6PER AVEN URA NOTE: PB.153.PG.B.u.aC R. 0 25 50 100 200 SEE SHEET 1 OF 2 FOR THE LEGAL GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON. SKETCH NO. RE T:\olmOMISC\12-7w-caIhtreom Pok\Nle.horse ee em \SOIH BARNS\2.0 ACE PARms g SHEET 2 OF 2 12-7854 2.0 ACRE CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, i7 A-C City Manager BY: Joanne Carr, AICP 164, Community Development Director DATE: June 9, 2017 SUBJECT: Request of Gulfstream Park Racing Association Inc. for Revision to the existing Development Agreement pursuant to Chapter 163, Florida Statutes, relating to development of a 17.5 acre, more or less, parcel of land zoned B2, Community Business District located on the north side of NE 213 Street and the east side of Biscayne Boulevard, City of Aventura (01-DA-06 (REV)) June 14, 2017 City Commission Meeting Agenda Item F'1 July 17, 2017 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1. Approve a modification to the Development Agreement between the City and the applicant dated November 8, 2006, in the form attached as Exhibit #1 to this report, relating to development of the applicant's 17.5 acre parcel of land zoned B2, Community Business District located on the north side of NE 213 Street and the east side of Biscayne Boulevard in the City of Aventura and 2. Authorize the City Manager to execute the modification agreement on behalf of the City. THE REQUEST The applicant, Gulfstream Park Racing Association Inc., is requesting that the City Commission approve a modification to the Development Agreement between the City and the applicant dated November 8, 2006. The modifications are to (i) amend the legal descriptions for the new size of the B2 zoned parcel and the reconfiguration of the MO zoned parcel, once a concurrent rezoning application is approved; (ii) to extend the term of the Agreement for seven years; (iii) to provide for conveyance of a 2.0 acre parcel to the City pursuant to an Agreement of Purchase and Sale and (iv) to amend the vehicular access restriction on NE 213 Street. BACKGROUND OWNER OF PROPERTY Gulfstream Park Racing Association Inc. APPLICANT Gulfstream Park Racing Association Inc. ADDRESS OF PROPERTY north side of NE 213 Street between Biscayne Boulevard & NE 34 Avenue See Exhibit#2 for Location Plan LEGAL DESCRIPTION See Exhibit#3 for Legal Description SIZE OF PROPERTY Approximately 17.5 acres more or less EXISTING ZONING B2, Community Business District FUTURE LAND USE DESIGNATION Business and Office Zoning — Subject property: B2 Community Business District Property to the North: City of Hallandale Beach Property to the South: RS2 Residential Single Family District Property to the East: MO Medical Office District Property to the West: MO Medical Office District Existing Use — Subject property: Vacant Land & Temporary Parking Area Property to the North: Gulfstream Race Track Property to the South: Retail Plaza and Residential Property to the East: Temporary Horse Barns Property to the West: Office and Vacant Lands Future Land Use Designation - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: City of Hallandale Beach Property to the South: Business and Office and 2 Medium High Density Residential Property to the East: Business and Office Property to the West: Business and Office The Site - The subject site is located at the north limit of the City of Aventura on the north side of NE 213 Street east of Biscayne Boulevard. Background - The property subject of this application is part of a larger parcel owned by Gulfstream Park lying along the north side of NE 213 Street from Biscayne Boulevard westerly to NE 34 Avenue totaling approximately 32 acres. The west 19.5 acres of the property, which is the subject of this application, is zoned B2, Community Business District and the east 12.7 acres is zoned MO, Medical Office District. The MO parcel has an existing conditional use approval for a 480 multifamily residential unit development. An overall plan showing the total landholding is attached as Exhibit#4. In November of 2006, the City and the applicant entered into a Development Agreement to preserve the existing B2 District zoning on its 19.5 acre landholding on the north side of NE 213 Street east of Biscayne Boulevard. The agreement was for a ten (10) year term with an option for extension following a public hearing and provided (i) for conveyance of a park parcel to the City which has since been developed as Waterways Park; (ii) that the City may not downzone or otherwise limit the ability of the developer to develop the property in accordance with the Development Agreement, except as provided by the Florida Local Government Development Agreement Act; and (iii) vehicular access restriction on NE 213 Street to and from the applicant's adjacent lands to the north. The City and the applicant have now entered into an Agreement of Purchase and Sale, dated April 3, 2017, wherein the City will purchase a 2.0 acre parcel of land adjacent to Waterways Park. This 2.0 acre parcel is currently zoned MO and is part of the existing conditional use approval parcel. In order to maintain the 12.7 acre size of the MO parcel to maintain the approved residential density, the applicant has requested, through separate application, a rezoning of a 2.0 acre piece of its B2 zoned parcel to MO, which then reduces the size of the B2 parcel from 19.5 acres to 17.5 acres. Modifications to the Development Agreement — In addition to the rezoning described above and the resulting modification of the legal descriptions of the parcels covered by the Development Agreement, as part of the Seller's Conditions to Closing in the Agreement of Purchase and Sale, the applicant is to obtain, subject to review and approval pursuant to the City's development review and public hearing process, final approval of an amendment to the 2006 Development Agreement to extend the term for seven (7) years and, to modify the vehicular access restrictions to allow use the NE 213 Street driveway on weekday racing events. The form of agreement attached as Exhibit #1 to this staff report contains those modifications. 3 ANALYSIS OF THE REQUEST Citizen Comments — As of the date of writing of this report, the Community Development Department has received no written citizen comments about this application. Community Development Department Analysis — The property is located in the 62, Community Business District. The proposed amendment to the agreement meets the criteria of Chapter 163 of the Florida Statutes relating to modifications of a Development Agreement. 4 After Recorthng Please Return to: EIRea 1.Horvath,MMC,City Cera Cry ofAvenaua 19200 West Country Club Drive Exhibit #1 Avewna,Fl 33180 01-DA-06 (REV) FIRST MODIFICATION TO DEVELOPMENT AGREEMENT THIS FIRST MODIFICATION TO DEVELOPMENT AGREEMENT ("First Modification") is entered into the day of , 2017, by and between THE CITY OF AVENTURA, a Florida municipal corporation (the "City") and GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation ("Gulfstream"), as Owner of the land. RECITALS: WHEREAS, Gulfstream owns the property, consisting of approximately 19.5 +/- acres of land (the "Gulfstream Property"), zoned B2, Community Business District according to the City's Official Zoning Map, legally described as Exhibit"A"in the Agreement; WHEREAS, on November 8, 2006, Gulfstream and the City entered into a development agreement recorded in Official Records Book 25122, at page 4603, of the Public Records of Miami-Dade County, Florida, (the "Agreement"), pursuant to the Florida Local Government Development Agreement Act Sections 163.3220-163.3243, Florida Statutes; WHEREAS, the Agreement preserved the existing zoning of the property in accordance with the City's Comprehensive Plan and Land Development Regulations for a ten (10) year term beginning on November 8, 2006, provided for conveyance of the Waterways Park parcel to the City and restricted vehicular access to and from NE 213 Street to the adjacent Gulfstream lands; WHEREAS, since the date of execution of the Agreement, Gulfstream has complied with the teens of the Agreement; WHEREAS, the City and Gulfstream have entered into an Agreement of Purchase and Sale dated April 3, 2017 under which the Seller has agreed to sell to the City a 2.0 acre parcel of land adjacent to Waterways Park legally described in Exhibit "B" and Gulfstream has requested and the City has agreed to process in accordance with City Code and Florida Law (i) a rezoning of a portion of the B2 property consisting of 2.0 acres from B2 to MO; (ii) an amendment to the Development Agreement providing for a seven (7) year extension of the term, providing for conveyance of the 2.0 acre parcel from Gulfstream to the City and providing for modification to the vehicular access restriction to the B2 parcel from NE 213; (iii) an amendment to the Conditional Use Approval adopted in Resolution No. 2006-62 to extend the approval for seven (7) years and to add the rezoned 2.0 acre parcel to the conditional use approval and (iv) amend the vehicular access restriction on NE 213 Street. WHEREAS, Gulfstream and the City agree to a modification of the Agreement to include the new legal description for the reduced B2 parcel and for the reconfigured MO parcel, to amend Section 4. to extend the term of the Agreement, to amend Section 8. to describe the 2.0 acre parcel to be conveyed to the City and to revise Section 14. to amend the vehicular access restriction to NE 213 Street; NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein, Gulfstream and the City agree as follows: 1. Recitals. The recitals set forth above are incorporated herein and form an integral part of this First Modification. 2. Exhibits Replaced . Exhibit "A" to the Agreement is deleted and the attached Exhibit "A" describing the 17.5+/- acres B2 parcel is substituted therefor. Exhibit "B" to the Agreement is deleted and the attached Exhibit "B" describing the reconfigured 12.7 +/- acres MO parcel is substituted therefor. 3. Modification of Agreement. Section 4. of the Agreement is amended as follows: 4. Effective Date and Duration. This Agreement shall become effective on the Effective Date. The Agreement shall be recorded in the public records of Miami-Dade County and shall run with the land and shall be binding on all parties and all persons claiming under it for a term of ten (10) years from the Effective Date. The term of this Agreement may be extended, as well as any other change to this Agreement, including release or partial release, upon execution of an instrument by the Developer (or its assigns, which may include, but not be limited to a Community Development District and/or a master property owners' association with appropriate authority over the Property) and with the consent of the, then, owner(s) of a majority of the Property,provided that such change has been approved by the City after public hearing,pursuant to Sections 163.3225, and 163.3229, Florida Statutes. The City may apply subsequently adopted laws and policies to the Property solely pursuant to the procedures of Section 163.3233(2), Florida Statutes. The term of this Agreement was extended from November 8, 2016 to July 7, 2017 pursuant to Executive Order 16-230 issued by the Governor of the State of Florida under the provisions of Section 252.363(1)(a), F.S. The term of this Agreement is further extended for seven (7) years from the last effective date of July 7,2017 to July 7, 2024. Section 8. of the Agreement is amended as follows: 8. Reservation or Dedication of Land. Except as otherwise provided below and pursuant to applicable subdivision regulations, the Developer shall not be required to dedicate or reserve any land within the Property for municipal purposes. (a) ... .. . . - . :- - - . . .. . ._ the Do cloper The City and Gulfstream have entered into a Purchase and Sale Agreement dated April 3, 2017, which agreement contemplates the acquisition by the City of a 2.0 acre parcel of land owned by Gulfstream. Section 14. of the Agreement is amended as follows: 14. Conditions, Terms or Restrictions Deemed Necessary by Local Government for Public Health, Safety and Welfare. Vehicular access (other than as may be required by government for emergency vehicles) to and from Developer's Hallandale Beach DRI Lands and the Gulfstream Park Tract to N.E. 213th Street on and after the date the first temporary certificate of occupancy is issued for a residential building constructed on the Adjacent Property shall be prohibited, provided, however, that until such access is permanently prohibited as set forth above, vehicular access to the Gulfstream Park Tract from N.E. 213th Street shall be permitted on an interim basis subject to the following restrictions: (i)access by the public shall be restricted to weekdays, weekends and holidays on which horse racing events are scheduled at Gulfstream Park, (ii) after the execution of a mutually acceptable construction phasing plan, access on all other days shall be restricted to construction vehicles, provided that such access shall be permitted only until such time as construction of the renovation and expansion of the improvements to the Clubhouse and the Slot Facility Building now or hereafter located on the Gulfstream Park Tract is completed, and (iii) at no time shall vehicular access from N.E. 213th Street to Developer's Hallandale Beach DRI Land be permitted for any purpose (other than as may be required by the government for emergency access). 4. Agreement Status. The terms and conditions of the Development Agreement dated November 8, 2006 shall remain in full force and effect except as herein modified. Signed,sealed, executed and acknowledged this day of ,2017 [Signature Pages to Follows] IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. ATTEST: CITY OF AVENTURA, FLORIDA By: Ellisa L. Horvath, MMC, City Clerk Eric M. Soroka, ICMA-CM, City Manager day of , 2017 Approved as to form and legality City Attorney WITNESSES: GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation Signature By: Print Name Signature Print Name STATE OF FLORIDA 5S. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2017, by of Gulfstream Park Racing Association, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification, and acknowledged that s/he did execute this instrument freely and voluntarily for the purposes stated herein. My Commission Expires: Notary Public, State of Florida Print Name EXHIBIT "A" '-i(4Fiait A '7 LY'a) 1.4aL . FYtYLH I ti,N 6, -Ba, lae ez. STONER &ASSOCIATES, INC. SURVEYORSsMAPPERS 4341 S.W. 62nd Avenue Florida SURVEYORS Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 LEGAL DESCRIPTION OF 'B2' ZONE PARCEL BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.3.76, PG. 30, M.D.C.R.) CITY OFAVENTURA,MIAMI-DADE COUNTY,FLORIDA LEGAL DESCRIPTION: THENCE S.70°56961E.,ALONG SAID NORTH RIGHT-OF-WAY LINE,A A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN ACRES DISTANCE OF 13173 FEET,TO A POINT OF CURVATURE OF A ALSO BEING A PORTION OF THE NORTH ONE-HALF(N.1/2)OF TANGENT CURVE CONCAVE TO THE NORTHEAST; SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST,ACCORDING TO THENCE SOUTHEASTERLY AND EASTERLY,ALONG THE ARC OF SAID THE PLAT THEREOF RECORDED IN PLAT BOOK 76,PAGE 35 OF THE CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 21°05'30',A PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA,SAID PARCEL RADIUS OF 614.09 FEET,PRIOR AN ARC DISTANCE OF 22656 FEET BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO A POINT OF TANGENCY; COMMENCE AT THE NORTHEAST CORNER OF THE NORTH ONE-HALF THENCE N.88601'21'E.,ALONG A LINE TANGENT TO THE LAST (N.1/2)OF SAID SECTION 34.SAID POINT ALSO BEING THE DESCRIBED CURVE,A DISTANCE OF 940.42 FEET TO A POINT ON LINE NORTHEAST CORNER OF TRACT B OF SAID CONN ACRES; 138.41 FEET WEST OF AND PARALLEL WITH THE ZONING LINE OF THENCE S.88°OTTrW.,ALONG THE NORTH LINE OF SAID NORTH ZONES-MO"AND"82",RECORDED IN OFFICIAL RECORDS BOOK ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND B, A 25136,PAGE 3880 OF THE SAID PUBLIC RECORDS; DISTANCE OF 1511.74 FEET TO THE POINT OF BEGINNING OF THE THENCE N.01°5858W.ALONG SAID PARALLEL LINE,A DISTANCE OF HEREIN DESCRIBED PARCEL OF LAND; 629.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 5.88'01'22'W.,ALONG THE NORTH LINE OF SAID SAID LANDS SITUATE WITHIN THE CITY OF AVENTURE.MIAMI-DADE NORTH ONE-HALF(N 1/2).AND THE NORTH LINE OF SAID TRACT A A COUNTY,FLORIDA.CONTAINING 17.51 ACRES, DISTANCE OF 1140.12 FEET,TOA POINT ON THE EAST RIGHT-OF-WAY LINE OF U.S.HIGHWAY NO.1 (BISCAYNE (762706 SQUARE FEET)MORE OR LESS. BOULEVARD),AS DESCRIBED IN OFFICIAL RECORDS BOOK 26075, PAGE 771,OF SAID PUBLIC RECORDS,AND A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE WEST.A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF NOTES: S.79°4758"E.FROM THE RADIUS POINT; 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR THENCE SOUTHWESTERLY,ALONG SAID RIGHT- OF-WAY LINE AND OWNERSHIP.RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL RECORD, ANGLE OF 02°2730"ANDA RADIUS OF 3,921.83 FEET,FOR AN ARC DISTANCE OF 182.56 FEET,TO A POINT ON A NON-TANGENT LINE; 2.THIS SKETCH AND DESCRIPTION IS'NOT VALID'WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED THENCE S.26°25'D7W.,ALONG SAID RIGHT-OF-WAY LINE A DISTANCE SURVEYOR AND MAPPER. OF 51.49 FEET,TO A POINT ON THE SAID EAST RIGHT-OF-WAY LINE 3. THE BEARINGS SHOWN HEREON ARE BASED ON S.88°0122W. OF ROAD NO.5(U.S.HIGHWAY NO.1),AS SHOWN ON FLORIDA ALONG THE SOUTH LINE S.E.'%OF SECTION 27-51-42,AS SHOWN ON DEPARTMENT OF THE TRANSPORTATION MAP NO.87030-2201,SAID THE PLAT OF GULFSTREAM PARK,RECORDED IN PLAT BOOK 182,AT POINT BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO PAGE 195-203 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, THE WEST,A RADIAL LINE OF SAID CURVE THROUGH SAID POINT FLORIDA. HAVING A BEARING OF S.76141'31°E,FROM THE RADIUS POINT; 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY THENCE SOUTHWESTERLY,ALONG SAID EAST RIGHT-OF-WAY LINE, (THIS IS NOT A SURVEY). ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM ANGLE OF 04141'5r,A RADIUS OF 3909.83 FEET,FOR AN ARC WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION DISTANCE OF 320.70 FEET,TO A POINT OF REVERSE CURVATURE OF SHOWN HEREON WAS AUTHORED BY STONER&ASSOCIATES,INC. A TANGENT CURVE CONCAVE TO THE NORTHEAST; 6.SEE SHEETS 2 AND 3 OF 3 FOR A GRAPHIC DEPICTION(SKETCH)OF THENCE SOUTHWESTERLY,SOUTHERLY AND SOUTHEASTERLY, THE PROPERTY DESCRIBED HEREON. ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 88°53'36°,A RADIUS OF 25,00 FEET,FOR AN ARC DISTANCE OF 38.79 FEET,TO A POINT OF TANGENCY,(THE PREVIOUS FOUR COURSES BEING COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE). SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF NE 213 STREET,AS DESCRIBED IN OFFICIAL RECORDS BOOK 17973, PAGE 3869,OF SAID PUBLIC RECORDS; CERTIFICATE: Cd THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN NEREDN IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 'C I FURTHER CERTIFY THAT THIS SKETCH AND LEON_DESCRIPTION MEETS THE STANDARDS OF PRACNZ SET FORTH SY THE FLORIDA BOND OF PROFESSIONALSCAM d IN E. SURVEYORS AND MAPPERSCHAPTER 5J-17.FLORIDA ADMINISTRATIVE CODPURSUANT TO SECTION 47207,FLORIDA STARVES. SEAL y aAIE BYDATE: Mar 31, 2017 No7 vino UNLESS m RICHARD G. CRAWFORD Jr. SFA:E0 HERE wm1 AN EMBOSSED i PROFESSIONAL. SURVEYOR AND MAPPER Na. 591 - STATE OF FLORIDA AN SEAL m THE TERN&SHOWN HEREON IS THE OF STONER.6 _ 1^ ASSOCIATES,INC SHALL SHI NOT BE REPROOUCED IN WHOLE OR IN DATE OF SKETCH' DRAWN BY CHECKED by HELD BOOK PART WRHSR PERMISSION OF STONER BASSOCATES,INC. y N WRRPGST 2+On 3/31/17 DRL RGC N/A SHEET 1 OF 3 mr `STONER &ASSOCIATES, INC. 434SURVEYORS-MAPPERS Davi Tel. (954) 585-0997 S.W. 62nd AVE. Florida Licensed Survey Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION '32' ZONE PARCEL BEING A PORTION OF TRACTA OF DONN ACRES SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) CITY OFAVENTUR4,MIAMI-DADE COUNTY,FLORIDA LiEPTION CEL ii iii.LE ii T ii XAM AEIf NORTH LINE N.1I2 SECTION 34 ?9100, FG. 196 a0 2::'.I AND NORTH LINE TRACTS A AND BROWARD COUNTY S.88°0122"W. 114a12' S.88°01'221 _ — The EASEMENT —MIAMI-DADE COUNTY— P.O.B. I 1 10-Rs 2054.PG.102,MDCR. NORTH LINE TCT A N E.CORNER.R 12 OF SCION 30-5142 AND N.E.CORNER TRACT B. ' DONN ACRES P.B 7B PG.30,MOOR I LEGEND: I O.R B OFFICIAL RECORDS BOOK RBPLAT BOOK PG. PAGE 8.41' MIAMI-DADE COUNTY RECORDS I B.C.R. BROWARD COUNTY RECORDS P.O.C.. POINT OF COMMENCEMENT Iii/ P.OB . POINT OF BEGINNING 0I q CENTERLINE F.D.O T FLORIDA DEPARTMENT OF TRANSPORTATION WI --V---- BREAK IN SCALE W e = N N _ W m▪/ A PORTION OF TRACT A 0, - zo W I DONN ACRES _ 411 z� 1 = 'a J (P,B. 76, PG. 30. M.D.C.R.) z •_ (11I 17.51 ACRES '1 2 - 0I 762,706 SQUARE FEET .-. Oe, Q ed a I of I Fm w6 I1 I 13#5"CITY OF AYENTURA EASEMENT N.RIGHT-OF-WAY LINE Ie. ti. (0.R0.20406,PG 2840,MD C.R) UTILITY EASEMENT 43 I (O.R B-28605,PG 1678,MOC-RI I &CITY OF AVENTURA IO.R B.2o4 . G2BW,MD.EASEMENT - N.88°0172"E. 940.92' F.P BL.UTILITY EASEMENT (0.R.B.19092.PG 2020,M.D.CR4 N . E . 2 1 3 t h STREET SCALE 1"=100' RIGHT-OF-WAY DEEDED TO THE CITY OFAVENTURA PER O.R.B.9937,PG.3869, 5D'RIGHT-OF-WAY PER PG.BNTURA M NES-PHASE I, NOTE: p 25 50 noFF SEE SHEET 1 OF 3 FOR THE LEGALGRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON, C SKETCH NO. i\J FILE e\levnoMFP lSlO91RVEneppmm la\lo \tellp\Ad'uNLN3512\2o ACRE PARCEL dog SHEET/20F 3 12-7854 '82'PAR $TONER &ASSOCIATES, INC. 4341 S.W. 62nd AVE. SURVEYORS-MAPPERS Florida Licensed Survey Tel. (954) 565-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION B2' ZONE PARCEL BEING A PORTION OF TRACT A OF DONN ACRES il SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) CITY OFAVENTURA,MIAMI-DADE COUNTY,FLORIDA / Fr.F i1. L. I 1 E TrtAk F A I _L ♦p I NORTH LINE F.t. I52, Pr3 1911-!e;, BnR�I N.1R SECTION 34 1E79°47'58 5.88°01'22"W. 114012' BROWARD COUNTY II ^�I�DTgIJF _n.r..AO •ii ._ CC' l_5'EASEMENT U (0 R0.204.PG.1R2.M.0C.RJ O O omc NORTH LINE TRACT 2JW isien� I (C - Na'm e Lu Q;? OE LEGEND: I C 3`2 U¢¢ a� O.R B OFFICIAL RECORDS BOOK I .A 32 P.B PLAT BOOK er 3 o°A PG_ PAGE T U M.D.CR. MIAMI-DADE COUNTY RECORDS m o o B.0 R. BROWARD COUNTY RECORDS O a) ct -te 4 P.O C. POINT OF COMMENCEMENT P.O B. POINT OF BEGINNING IC, .Z.--q.76.41.3 CE CENTERLINE IL IR9DIl�F 5.26°25'07"W. F.D.O T FLORIDA DEPARTMENT 10 51.49' OF TRANSPORTATION N 50 �— BREAK IN SCALE W lil cc• IN N b W N Ie M 2 o IW 3 Z co A PORTION OF TRACT A Ij 2, mwn DONN ACRES m z¢o >t e, P.B.(PB16, PG. 30, M.D.C.R.) I- 8 Lit `a 3>m 17.51 ACRES o1 762,706 SQUARE FEET f V P SU'=O 07 le ' 0 zr 0. WWF CA=86953'36" I R=25.00' A=38.79' I S�0°°,e3,DN .RIGHT-OF-WAV LINE B F 73 ' 1.73, son of AYENTIIRA EASEMENT (ORB 20400.PG 2649,M O C.R.) CA=-2/ i N.8 A-226.06''14.09 N.813'0192-E. 940.92' N . E . 2 1 3 t h STREET SCALE:1"=100' RIGHT-Of-WAY DEEDED TO THE CITY OFAVENTURA PER O.R.B.17937,PG.3869, 50'RIGHT-OF-WAY 1 PER PE,PG.ENT FRAU ES-PHASE I. - NOTE: II. SEE SHEET I OF 3 FOR THE LEGAL DESCRIPTION OF THE PROPERTY 9 25 SC 'm R0p SHOWN GRAPHICALLY HEREON. GRAPHIC SCALE RIE. C\Uwe\tivnaSTWEA4fl SKETCH �'\mR�=VAI\gyp\A��IrelLsm2\2o ACK P.wrn--a.g SHEET3.OF 3 K2-7ETCH NO.454 '62' PAR EXHIBIT "B" Cr-ND a 1nicEn `STONER &ASSOCIATES, INC. SURVEYORSsMSPPERS Tel. (954) 585-0997 4341 S.W. 62nd Avenue Florida SURVEYORS Survey PPE Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 LEGAL DESCRIPTION OF ZONING MMO'SITE BEING A PORTION OF TRACTA OF DONN ACRES SECTION 345142(P.B.76, PG. 30, M.D.C.R.) C/TY OFAVENTURA,MIAMI-DADE COUNTY,FLORIDA LEGAL DESCRIPTION: LEGAL DESCRIPTION:(CONTINUED) A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN ACRES ALSO BEING A PORTION OF THE NORTH ONE-HALF(N.1/2)OF THENCE N,5T2914°E.,A DISTANCE OF 32.10 FEET TOA POINT ON SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST.ACCORDING TO THE EAST LINE OF SAID NORTH ONE-HALF(N.1/2)AND THE EAST THE PLAT THEREOF RECORDED IN PLAT BOOK 76,PAGE 30.OF THE LINE OF SAID TRACT B,(THE PREVIOUS TWO COURSES BEING PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA,SAID PARCEL COINCIDENT WITH THE SAID NORTH RIGHT-OF-WAY LINE); BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THENCE N.02°21941W.,ALONG SAID EAST LINE.A DISTANCE OF BEGIN AT THE NORTHEAST CORNER OF THE NORTH ONE-HALF(N. 541.55 FEET,TO THE POINT OF BEGINNING. 1/2)OF SAID SECTION 34,SAID POINT ALSO BEING THE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES; SAID LANDS SITUATE WITHIN THE CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA,CONTAINING 12.72 ACRES, THENCE S.88°0127W.,ALONG THE NORTH LINE OF SAID NORTH (554,227 SQUARE FEET)MORE OR LESS. ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND B. A DISTANCE OF 1,511,74 FEET TOA POINT ON LINE 138.41 FEET WEST OF AND PARALLEL WITH THE ZONING LINE OF ZONES"MO"AND"B2", RECORDED IN OFFICIAL RECORDS BOOK 25136,PAGE 3880 OF THE SAID PUBLIC RECORDS; THEN S.0115818"E.,ALONG SAID PARALLEL LINE,A DISTANCE OF 629.41 FEET TOA POINT ON THE NORTH RIGHT-OF-WAY LINE OF N.E. 213 STREET,AS DESCRIBED IN OFFICIAL RECORDS BOOK 17973, PAGE 3869,OF SAID PUBLIC RECORDS; THENCE N.8830122"E.,ALONG SAID RIGHT-OF-WAY LINE,ADISTANCE NOTES: OF 402.38 FEET; 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR THENCE N.01°52'OS"W.,A DISTANCE OF 442.98 FEET; OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF RECORD, THENCE N.8831122°E.,A DISTANCE OF 196.67 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND(CITY PARK),DESCRIBED IN 2.THIS SKETCH AND DESCRIPTION IS°NOT VALID°WITHOUT THE OFFICIAL RECORDS BOOK 25122,PAGE 4596 OF SAID PUBLIC SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED RECORDS; SURVEYOR AND MAPPER. 3. THE BEARINGS SHOWN HEREON ARE BASED ON 5.88°01'2254. THENCE N.075235°W.,ALONG THE WEST LINE OF SAID PARCEL,A ALONG THE SOUTH LINE S.E.''/°OF SECTION 275142,AS SHOWN ON DISTANCE OF 82.05 FEET TO THE NORTHWEST CORNER OF SAID THE PLAT OF GULFSTREAM PARK,RECORDED IN PLAT BOOK 182,AT PARCEL: PAGE 195-203.OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THENCE N.88°09'54"E..ALONG THE NORTH LINE OF SAID PARCEL,A 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY DISTANCE OF 581.87 FEET,TO THE NORTHEAST CORNER OF SAID (THIS IS NOT A SURVEY). PARCEL THENCE 5.01°5206"E.,ALONG THE EAST LINE OF SAID PARCEL,A 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM DISTANCE OF 523.58 FEET,TO A POINT ON SAID NORTH SHOWN HERE NWAS AOUTHOREA TITLED BY SEARCH.THE SSOCEGAL INC.DESCRIPTION SHOWN HEREON WAS AUTHORED STONER 8 ASSOCIATES,INC. RIGHT-OF-WAY LINE; 6.SEE SHEETS 2 AND 3 OF 3 FOR A GRAPHIC DEPICTION(SKETCH)OF THENCE N.88°0128"E.,ALONG SAID NORTH RIGHT-OF-WAY LINE,A THE PROPERTY DESCRIBED HEREON, DISTANCE OF 107.88 FEET,TOA POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE EASTERLY AND NORTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 37°3708",A RADIUS OF 330,00 FEET,FOR AN ARC DISTANCE OF 216.19 FEET TO A POINT OF TANGENCY; SERTIFICATE: THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ND/RATE MID CORRECT TO TEE BEST OF MY KNOWLEDGE AND BEGET. SEALa MAPPERS RIRTHER CERTIFY THAT HIS AT TSKETCH AND LEGAL DESCRIPTION MEETS E STANDARDS OF PRPM CIKE SET FORBY ME FLORIDA BOARD OF PiOFESSIONPROFESSIONALSURVEYORS AHD MF£RS W CHAPTER SLIT,FLORIDA AWINLSTMTNE CCOE,PURSUANT TO 3E011011472.07.FLORIDA STATUTES. REVmoNs DATE ErrDATE: Apr 03, 2017 NOT VALID UNLESS O RICHARD G. CRAWFORD Jr. SEALED HERE WITH MI EMBOSSED PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SEAL z IDE MAMAL04 SHOWN HEREON IS THE PROPERTY OF n ASSOCIATES.INC AND SHALL NOT BE RFPRON OCED WHOLE OR IN DATE OF SKETCH: DRAWN BY CHECKED BY FIELD BOOK N- ART WITHOUT PERMISSION CF STONER&ASSOCIATES.'Nama y • OOPYRIGHTgw1T 3/31/17 DRL RGC N/A SHEET 1 OF 3 mN STONER ASSOCIATES, INC, SURVEYORS-MAPPERES 4341oveS.W. 62nd AVE. Davie, LicensedSunrey Tel. (954) 585-0997 e, Florida 33314 aM Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION ZONING'MO'SITE BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P2.76, PG. 30, M.D.C.R.) CITY OF AVENTURA MIAMI-DADE COUNTY,FLORIDA nv^P.PT1O (11=i BLOCK 5', LOT Z. Li AFii)kLE NORTH LINE FW 13, H.CORI N.1/2 SECTION 34� I BROWARD COUNTY 5.88°01'27W. 1,511.74 T MIAMI-DPDE COUNTY— — 1— L S'EASEMENT P.O,B. (0 R.B.2ou,PG.las,M O C R) NORTH LINE TRACT B \ NE.CORNER,N.112 OF SEOTON 1 I 345142 AND N.E.CORNER TRACT R. DONN ACRES,G.B.]B,PG.3].MD.CR TO N.LINE n I CITY PARK PARCEL rig*CORNER N.85'09'54'8. 581.8T �CfTY PARK PARCEL OZ w 61 0 LI Or /r.•:I ni CO WI 2 LL ri O, FLORIDA POWER B LIGHT CO.EASEMENT ui CI / (O.R 8.33025,PG 3174,M.OS.R.) l N in / es W 1 III i7J Lu In 1 IL + -- z z= _ wG _• 3 0 J W A PORTION OF TRACT B f � 10.R.=1 T:.. z, -c. / ° < DONN ACRES t6 I / N C (P.8 . 76, A T M.D.C.R.) 1 M / y m TRACT "A" 1 1 ' - 7 _ VENTURA u ZONING MO' SITE 1 .m r Et JJJ12.72 ACRES LU i I C ....v.,. 1,r..._ COUNTY / we 554,227 SQUARE FEET 1 z //-_/ FPL UTILm EASE1.IENT I I^1 11 I W ORS.28188.PG 3379.M.O GR.) LEGEND: O.R B OFFICIAL RECORDS BOOK I P.B PLAT BOOK / (,) •APS I IB.0 R BROWARD COUNTY RECORDS 1 P.O B. POINT OF BEGINNINGj_ - - - - T^3TC G0c j8E q P- 1B N.88101'221E. Pct 107.88' N . E . 213th STREET SCALE:1'=100• RIGHT-0F-WAY DEEDED TO THE CITY OFAVENTURA PER ORB. PG.3809, 50'RIGHT-OF-WAY PER G.8.AVENTURA LAKES-PHASE I, -55— NOTE 0 x zoo SEE SEE SHEET 1 OF 3 FOR THE LEGAL GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON. SKETCH NO. u RE c\nf\dani SIDESSA \4 LErpeolo\lom\moo\ABubMU5x420 s m P.w ,aq SHEET 2 OF 3 112- 7854 M.O. PAR STONER SV ASSOCIATES,-MAPPERS APR INC. 4341 S.W. 62nd AVE. SURVEYORS-MSurvey Tel. (954) 585-0997 Florida Licensed Survey Davie, Florida 33314 acrd Mapping Business Na B633 Fax (954) 585-3927 SKETCH OF DESCRIPTION ZONING'MO'SITE BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.8.76, PG. 30,M.D-C.R.) CITY OF AVENIURA,MIAMI-DADE COUNTY,FLORIDA Eitii_ESTR IF�e 153, eg-InS�30 6G'n.i NORTH LINE N.1/2 SECTION 34� BROWARD COUNTY 5.88°0122"W. 1,511.74 ) MIAMI-OADE COUNTY— ——L. NORTH LINE TRACT IO0..B.POA PG 103.M.DCP..) NW CORNER 1 LEGEND: CITY PARK PARCEL N 88°09'54'E. I OR B OFFICIAL RECORDS BOOK 1 1 8T $ 13841' P.8 PLAT BOOK 71 I PG.. PAGE :9 B.C.R.M.D.C . MIAMI-DADE COUNTY RECORDS - o B.C.R. BROWARD COUNTY RECORDS N.LINE P.O B. CITY PARK POINT OF BEGINNING o PARCEL Z In N.68'012TE.196.67' 1 C W zp W W co Ci I i IA Nm rp W N o^ A PORTION OF TRACT A I o ' IN m m0 DONN ACRES wo. ui _.x Oa Ai m`Fi (PAR 76, PG_ 30. M.D.O.R.) s 3m tu - - I Ai �' TRACT 'A" La La �" ip ym ZONING 'MO' SITE m . cc P$ --rP z a o. rri WC 12.72 ACRES -s - i7 L-----, 554,227 SQUARE FEET a d s - x o := p — .= 1 IU li 13841' -.. II I & I WI 1 l 1 RIGHT-OF-WAY LINE wIl-- N 88°01+2TE. 402.38' N . E . 2 1 3 t h STREET SCALE:1"=1o0' RIGHT-OF-WAY DEEDED TO THE CRY OFAVENTURA PER ORS.17937,PG.3869, 50'RIGHT-OF-WAY PER AVENTURA LAKES PHASE I, NOTE: . .153, 0 ed 25 zoo SEE SHEET 1 OF 3 FOR THE LEGAL GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON. SKETCH NO. HLL c Waspy\4mm.STaeFBIAYY\appds\load\tmpN8ubML353A\z9 ACRE PIRCELOg SHEET 3 OF 3 12-7854 M.O. PAR BROWARD COUNTY I Subject Site L� ■1I ,.IMO.MM..I-N•I'1E4 yIrvon win TV YT LTi T■'UU U IInINM 111 OM, DADE COUNTY • 6.-11•147TiP* T Vi71i �� V ' i ■ Gulfstream YA HT LUB OR. • Park (---- • l "MARINA• : LJ ■ Arrnturu HARBOR COVE • a Hospital ; _� J WAY CIRCLE ■ • &Medical w w ■ r Center Q ! Meop., ■ a ' ._ • M �` ✓ E2 l Waterways CliDI ■ • 00 WATERWAYS DJ Shoppesy 207 ST. ) ■ • w w ■ a• Q ¢ COUNTRY CLUB DR. • The N 205 ST. -V ■ • Promenader r • Shaops cn O I IVES DAIRY RD. • 203 ST. C'2.F(L/ ■ .----- ■ • kt '\lii ■ • L 6 • • aa_ ■ ci • 201 TER. m • -' • a 0 Turnberry Isle ■ CO ✓ vp. m Resort&Club • Q • AVENTURA 0- J • w roe' • 0 • •Fire C >- • • Rescue AventuraCI) .j•. r Station Library Z G`' I NI >.. I • ilk r Aventura Mall 2 • 0 YACHT Q • / • City of Aventura U LDB �J • / • Government Center MA •S • 192 ST. WtL.L1AM LEN • 192 ST. r a �- O • � • .111 _ ; 191 ST. N(D �' •• w r 190 MYSTIC Q • X Lorhmann's r } • • Fashion ui -I • C) r Island .c __. • -moi a rn 188 ST. • m • a • 2 MIAMI • 187 ST. / 33180 • w GARDENS DR. '• v 1' T 33 60 '•• 183 ST. Dumfoundling a a Bay • . Atlantic z • Ocean 'a Little Z F5, Williams :• Biscayne rn ?, Sound •i arbour 180 ST. MaulLake e N a I Point 0 � • • East -i a .• •lamp 2♦ t` .. ,� P T ST OP. 4 it S ,'• 2 • • sz:41 LEGEND • Lake • ♦♦ ..� \ Roadways ♦• ♦ City Boundary • •• t ♦ r —•—•- ZIP Code Boundary ♦ ♦ / : - 1 Railroad -•j \ r.... .... •• l• i ♦ l Exhibit#2 01-DA-06 (REV) `STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd Avenue Rohde Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fox (954) 585-3927 LEGAL DESCRIPTION OF 1132 ZONE PARCEL BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.3.76, PG. 30, M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA LEGAL DESCRIPTION: THENCE S.70°56'36-E.,ALONG SAID NORTH RIGHT-OF-WAY LINE,A A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN ACRES DISTANCE OF 131.73 FEET,TO A POINT OF CURVATURE OF A ALSO BEING A PORTION OF THE NORTH ONE-HALF(N.1/2)OF TANGENT CURVE CONCAVE TO THE NORTHEAST; SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST,ACCORDING TO THENCE SOUTHEASTERLY AND EASTERLY,ALONG THE ARC OF SAID THE PLAT THEREOF RECORDED IN PLAT BOOK 76,PAGE 30,OF THE CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 21°05'30',A PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA,SAID PARCEL RADIUS OF 614.09 FEET,FR/OR AN ARC DISTANCE OF 226.06 FEET BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO A POINT OF TANGENCY; COMMENCE AT THE NORTHEAST CORNER OF THE NORTH ONE-HALF THENCE N.83.0121"E„ALONG A LINE TANGENT TO THE LAST (N.1/2)OF SAID SECTION 34,SAID POINT ALSO BEING THE DESCRIBED CURVE,A DISTANCE OF 940.42 FEET TO A POINT ON LINE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES; 138.41 FEET WEST OF AND PARALLEL WITH THE ZONING LINE OF THENCE 5.88°01'22NY.,ALONG THE NORTH UNE OF SAID NORTH ZONES"MO'AND'82,RECORDED IN OFFICIAL RECORDS BOOK ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND B, A 25136,PAGE 3880 OF THE SAID PUBLIC RECORDS; DISTANCE OF 1,511.74 FEET TO THE POINT OF BEGINNING OF THE THENCE N.01°58'38-W.ALONG SAID PARALLEL LINE,A DISTANCE OF HEREIN DESCRIBED PARCEL OF LAND; 629.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 5.88°017.2"W.,ALONG THE NORTH LINE OF SAID SAID LANDS SITUATE WITHIN THE CITY OF AVENTURE,MIAMI-DADE NORTH ONE-HALF(N 1/2),AND THE NORTH LINE OF SAID TRACT A.A COUNTY,FLORIDA CONTAINING 17.51 ACRES, DISTANCE OF 1140.12 FEET,TOA POINT ON THE EAST (762.706 SQUARE FEET)MORE OR LESS. RIGHT-OF-WAY LINE OF U.S.HIGHWAY NO.1(BISCAYNE BOULEVARD),AS DESCRIBED IN OFFICIAL RECORDS BOOK 26075, PAGE 771,OF SAID PUBLIC RECORDS,AND A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE WEST,A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF NOTES: 5.79'47'58'E.FROM THE RADIUS POINT; 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR THENCE SOUTHWESTERLY,ALONG SAID RIGHT-OF-WAY LINE AND OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL RECORD. ANGLE OF 02°2230'AND A RADIUS OF 3,921.63 FEET,FOR AN ARC 2,THIS SKETCH AND DESCRIPTION IS'NOT VALID-WITHOUT THE DISTANCE OF 18256 FEET,TO A POINT ON A NON-TANGENT LINE; SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED THENCE S.26°2567-W.,ALONG SAID RIGHT-OF-WAY LINE A DISTANCE SURVEYOR AND MAPPER. OF 51.49 FEET,TO A POINT ON THE SAID EAST RIGHT-OF-WAY LINE 3. THE BEARINGS SHOWN HEREON ARE BASED ON S.88°0122'W. OF ROAD NO.5(U.S.HIGHWAY NO.1),AS SHOWN ON FLORIDA ALONG THE SOUTH LINE S.EG OF SECTION 27-51-42,AS SHOWN ON DEPARTMENT OF THE TRANSPORTATION MAP NO.87030-2201,SAID THE PLAT OF GULFSTREAM PARK,RECORDED IN PLAT BOOK 182,AT POINT BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO PAGE 195-203,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, THE WEST,A RADIAL LINE OF SAID CURVE THROUGH SAID POINT FLORIDA HAVING A BEARING OF S.76°61'31'E,FROM THE RADIUS POINT; 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY THENCE SOUTHWESTERLY,ALONG SAID EAST RIGHT-OF-WAY LINE, (THIS IS NOT A SURVEY). ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM ANGLE OF 04°4169",A RADIUS OF 3,909,83 FEET,FOR AN ARC WITHOUT THE BENEFIT OFA TITLE SEARCH.THE LEGAL DESCRIPTION DISTANCE OF 321,70 FEET,TO A POINT OF REVERSE CURVATURE OF SHOWN HEREON WAS AUTHORED BY STONER 8 ASSOCIATES,INC. A TANGENT CURVE CONCAVE TO THE NORTHEAST; 6.SEE SHEETS 2 AND 3 OF 3 FOR A GRAPHIC DEPICTION(SKETCH)OF THENCE SOUTHWESTERLY,SOUTHERLY AND SOUTHEASTERLY, THE PROPERTY DESCRIBED HEREON. ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 88°5336-,A RADIUS OF 25.00 FEET.FOR AN ARC DISTANCE OF 38.79 FEET.TOA POINT OF TANGENCY,(THE PREVIOUS FOUR COURSES BEING COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE), Exhibit #3 SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF N.E. 213 STREET.AS DESCRIBED IN OFFICIAL RECORDS BOOK 17973, 01-DA-011 (REV) PAGE 3869,OF SAID PUBLIC RECORDS; TMERTIFICATE: THIS IS TO CERTIFY THAT THE SKETCI AND LEGAL DESCRIP11oN snowed HEREON IS ACCURATE AND CORRECT To THE BEST OF MY KNOWLEDGE AND BELIEF. C I FORMER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH DY THE FLORIDA BOARD OF PROFESSIONALC SEAL a EY SURVORS AND MAPPERS IN CHAPTER 5117.FLORNAADMINISTPATIVE CODE,PURSUANT %NJ TO SECT47207.FLORIDA STATUTES. SE REvmaNS DATE BY DATE: Mar 31, 2017 NOT VALID UNLESS m RICHARD G. CRAWFORD Jr. 5F41r5 HERE WITH AN EMBOSSED dSI PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 — STATE OF FLORIDA SURVEYOR'S 5F41 ZCO THE MATERIAL SHOWN HEREON IS TILE PROPERTY OF ST EP& IA A SCUATES,we AND SHALL NOT BE REPRODUCED IN WHOLE OR IN DATE Dr SKETCH: DRAWN BY CHECKED BY FIELD BOOK PART WrW JTPERMI%ION OFSTONER S ASSOCIATES,INC. y N COPmlDHrpyon 3/31/17 DRL RGC N/A SHEET 1 OF 3 m Exhibit#4 01-DA-06 (REV) .y .,, ..i ani 1 4"It ltd .�. ` _ ,c y 9 ��'d..00.- ,r , 8 !., I` • • �'� - .c.'4% -- 1 ' 1 - ' •:.'.. \----: tt �' .tiT ,�.'avee°5.i�7 �; ai 2r 1 �_ "s'I RI t i;6,. g e.--, y .7 ,x,s. %,.s.-41-:.-----4,c,..- .4w r 1,.... � , f r r`-- r ,:, .,,. Si _y, Q y;pp..�' d - a • .w..�,N i'. .L a`,•fd�-.^�„ •y. SX',:. alit, �,L�4;',.,,- �'I9a �>F wy r T^ . FY ',ova, : d �pF.-gF�a'"'. f'7� �-- ,...•„`-•-714-x� F l�'1t"'i T� -,-,1...'-... � .t;1 h ��". '[F"e^'3� r+ fie, e) y. S. ,4, `:� ,-=*, .' iLn�.p ::�� ,-..1...,-.,- 4 's'I� .ate P. � of .. .� ! .'''''-'s '°'ri s, - j�r K s r�r a.... ..., ,. .9f- .3 }q a '';';',":4:4-- :4 ,� t y '°'ice q .,t �• , * .-,+ • -A"i s ,=a. PROPOSED I ikC ": ti :.� ;l "" ei.tq sy"5a' :.., 0 s e t�e'7i• ::.Z4. '} 4, e•t$+ ,''`• TRACT E'PARK AAA ;". ..,-• %, l� / ir //'/� �tY.. 0.98:Aires f eft _v`.,,` r _t } ZONNW MO TRACT ` � K w' %( & (19.550 aes)TE \LESS PARK SITE \ It" IIFF ..-14-1r. j',� r2.773 Acres I .. e\ PROPOSED �1:'- TRACT'A'PARK AREA ' -..� y� t ,. r 8.022 Acres ` r- : 1 Nk .\ dlix ' a ' _ + 1 3 1 4e. ZN„ . :;,,,........... -.. -=.1-30.,-;',..7:-.;40- - yawl . •, .41 h ' F .'" �,,t. .,s+C TF } e y'l�.t W tiEMZITrz,za f",4fossusisnmaiy, ', <9A,Ail 'f �,f `Xf4b ^':Tdt ` 9bi--Q.,.„.-1;-:, A" 4R ;At. F. - , 4 tie 'xs.a.,006-:;,,,,,-,-*.„ 44,44.%,..4,t 'Y'llt''1 �r 4 7 o- ,fidrrc ! u. �. ir`' r4 a.fi v.. ."?..4-g.:11'0. `6 s i .6 s .s, ,:�-`-C� 'mar., g %s1 4. �.z-w nS. s • 4: 4.44:-.,,v. o.,,, '''' --1"...' Vely,414,"',-1,;----7.----',r.:.'.r-' +�? i �f¢�s Ri k' 4 Z ,e tipt IL ' ; f • • • ,� le. ? JQa � tf�f.7; i ' r '' s ,n 4c Pee ,,/ ' ^.4a~ `y I° ,, s � 44 i¢ � - ..�2.x .,(�Vic.}p.�^s �� _.ael�� f YPttec ��- PIA Xis01� -,,..:„.., .1 },Y ! '�Fi .a.7 lit • �' - " ,•,' } rif. � etlaII-It I' jr it py ., ri„,,?,,.1, .:4. . �ti ti�` {� _ . jeo "'ysp�r +y,r _ 3 'fR , ,,,,,: . a�_:A'a.a��►sr iv N, '• ‘,..• i_ AO- , , • wt ,,-,,„a �• .y �' te -• 1-..''',t.: ray lG 1aX � .>. ,..„,, rAeRaJ? IT Fa r ..i& :; ' "�wyviX"3 ` "`r'.,.-y",_, .` . aA� t' Tr +r , 'JZ _ s,; ys:;t„ r .,,, ... C I - ' _ s 1, 7 'y, s.v.eL , 4 4r1 4. lt ., , 1,..111-:.' .... 41:„...„4,_______Ibri,- .,., .,. :„.....,.._, ...."8,07.,..1114....,:,,i......::1_,..-_1:3,,,,.::,..7.4. • 4,.....444.....1A . - ,..4.,. — , APPLICANT REPRESENTATIVE AFFIDAVIT -1/4,,,,,, Pursuant to Section 31-71(b)(2)(i)of the City ofAventura Land Development Code,this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of he individual or entity applying for the Development Permit which is identified in the accomoanvino application.and he owner o`i the property subject to the application(if different)hereby lists and identifies all persons representing he individual or enfny applying for the Deveopment Permit in connection with(he appliicahon,as follows' Name Relationship lie.Attorneys,Architects,Landscape 11 �, 1 1 Architects,Engineers,Lobbyists,Etc 1 ' ClIaI int o /� Y/1_I iCtCay NPI( ? Cuta.Y c C. IYpY-*hv�+ I SV_ Il _ -- (Attach Additional Sheets If Necessary) NO13CE: 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. 3171(B)(21(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODEINTHE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OP COMMISSION. THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WliNE r HIP 5H% to A , .F Ma 2017 11LZEGR PR ENTA LVE 1 APPLICANT OWNER Br Byii '',/ analoer raignarure Nam Name. /� � P�la— T'ds. +� SSOC..-P.L Address. Cto1 So /J uolia..jd1e. geC" ,a-t 33A , TrT MIAM LeOE P.1. a bfrzt e rrit rye Jadesigned eufh0 ny pals[ tall epeea ee b a Pi Seiner ze res tatve C 'ee Lai ane inr tea ot he noedv subject e applicahhr whfirs' Pae N being r Mwn` Id SW Yr aR ariPsh.. 'YP ll v arcidav nr bmp Fur e stated therm ria la is Pie felrone )� N ES: 4 IF RI:IePi- MuaL10 .tai i M'Ay _ Al ASHLEY ANDUJAR la t stare * • - -• •e Commrsalon i FF 909684 J nlee lame nt' °fan P� ■ _ u„, r`r ai Mycommaa'on Eaplres i1 Iso esP c-112Lc i7 Cal e� 1 • f July 26. 2019 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-7I(b(2)(ii)of the City of Aventura Land Development Code The undersened Afiarn nereby discloses that (mart with"M applicable portions rely) h Affiant does pt have a Business Relationship with any member of the Cily Commission or any City Advisory Board m which the application wilt be presented. f l2 Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission ora City Advisory Board to which the application will be presented,as follows (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows Member of City Commission or Board holds an ownership interest In excess of 1%of total assets of capital stock of Applicant or Representative ,. Member of City Commission or Board Is a paner,co-shareholGer as In shares of a corporation whien are not Beed or. any national or region at stock echanpe) or joint venturer wltt the Applicant or Renresesitative in any business venture, he Applicant or Representative Is a Client of a member of the City Commission,or Board _a Client of anothe professional workinc ben the same nffma or for the same employer as the memo the ly Commission or Sean'., CSISThrommeonnror ewe member is n Dent .f the implmant a Represenlatrve, 1 he Smarmanio or Representative is a Customer of the membe of b Mie Commismon or Boom c o'bus nh ue. empl yet andtransactss more than 81n 00000 of the busness of N.member of the Lity _ mmwsion or Board Ms or her empeyeni in a Given calendar year; The. -tombs: nI the C:dv r onmissim. or Board is a Customer o Mc Applicant or Rep eser al ve an, ansacts more han825,ono Oft of the business of tie Applicant or Representative a giver calends.year ,v1it W rl vo Tdl: ➢fK ABM hmei �ianertns' rissis CN/NO yhHA, MIT lert4I Tib. M d _ 44 WITNESS MY HAND THIS lia IDAY OF Mil 24 REPRESE L led¢5Business Relationship Affidavit) Thnaovcl By ,Sigoarure Name 3t. ,n - 5.SELC{LCY(Pnny Name'. (Pon; & i dle Roy'el Q Pnn l ldle. llama' Bv- TT .rgriaiit P, By _ 5gnan;re Name pi li �:x! Name'. r,n" 5itie. e)l)leR vi) Title (Pr_, By (stoner fa], By (Sionalwe ;lame: iPgrT' Name. ee. (Prgil Tile. Tara Bv. ;Lonam,e da. '^n-" Tihe. iPnnp Teie 6v Si¢nr op' By ;ron3lme o;lii ill Fr rnor ilia ve lOUe /PM(' By riry,. 'lie r.. Ttle Nrt, is, dapli,al .nets d deo tome, Information loi Neprrsentative varies NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-0ADE) Before me,The undersigned auMImypersonally appeared Fge'tla / iI by me Icy sworn did swear or MINIm:Bal➢elebe o,eculed:Bis Aiclanl for Me purposes slated Verele and That J S(rm e and oeel. AFFIANT SWORN TO ANC SUBSCRIBED beforeme Nus I !) coy of 401 S31s 2.OI"7 Notary Pude Blend RNW DeNel ebbs Ianary Pu le dee Al large is. My Commission S tat 06069655 Qr eCie L o It.... Expires(11/04/2021(11/04/2021oe21 Printed Name of Notary My mmmesiln expr Si ATE OF FLORIDA 7 (PLATY OF MI MI DAD ) {.;��r�1y� i (7 Before me.the rnde2gned authofty.personally11 appeared 1-- Iuui�iiihe Alan:, hr r me d swop r drd serealr+aPom Thai Nanho *on INs Affidavit for one poypxes staled Nelelr aid that a e Ime and coned. AFI!ANI ..V PM1 TO^,NC SUBSCRIBED hefnre No this ID day of M' zQp (� "�� ASHLEY ANDUJAR \\\\ '� Commission M of:9035r8a Nolery fu•� 'a:e o!Fwlfae 111 arye" • r MV Commieslpn Expires 1(S LE—Y ?7SIV1:.yy(d .1SZp• ✓r July26. 2019 Panted Name salary °*., ...•e MY ddriddna on xpre. 01 !'2I 1 Z. i.�l -F L(RMDa N Word 1 T , , e. I,• �,Nd_ �en r ,e .a elad:aner- 101 f.AN Nolan eublic Slate or(Bodo Ai i amr 'nfed Name of Millar,/ i..nein''V Ire IA .L a e II a ,an �{ 'py1,* n.u.,..w • lu.G,., a• prd- ❑f a. ' LEIGH ANNE 0101AA. .los• res MY COMMISSION Ny 220 1 a Vom EXPIRES Omani 21.7,201919 ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED NOVEMBER 8, 2006 MADE BETWEEN GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND THE CITY OF AVENTURA TO EXTEND THE TERM OF THE AGREEMENT FROM JULY 7, 2017 TO JULY 7, 2024, TO REVISE EXHIBITS "A" AND "B" TO THE AGREEMENT WITH NEW LEGAL DESCRIPTIONS FOR THE RECONFIGURED B2 DISTRICT AND MO DISTRICT PARCELS, TO ADD THE 2.0 ACRE CONVEYANCE TO THE CITY AND TO AMEND THE VEHICULAR ACCESS RESTRICTION TO AND FROM NE 213 STREET, ALL RELATING TO PARCELS OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET, EAST OF BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Gulfstream Park Racing Association Inc., through Application No. 01-DA-06(REV), has applied to modify the Development Agreement dated November 8, 2006 made between Gulfstream Park Racing Association Inc. and the City of Aventura recorded in Official Records Book 25122, at Page 4603, of the Public Records of Miami-Dade County, Florida (the "Development Agreement"); and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the application and has considered the testimony of all interested parties at the public hearings, and has determined that the amendment to the Development Agreement requested by the applicant is appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the Modification to Development Agreement attached as Exhibit "1" to this Ordinance, extending the termination date of the Development Agreement from July 7, 2017 to July 7, 2024, revising Exhibits "A" and "B" of the Agreement with new legal descriptions for the reconfigured 62 District and MO District parcels, adding the conveyance of 2.0 acres to the City and amending the vehicular access restriction to and from NE 213 Street, is hereby approved. City of Aventura Ordinance No. 2017- Section 2. The City Manager is hereby authorized to execute the agreement on behalf of the City. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2017-_ PASSED on first reading this 14th day of June, 2017. PASSED AND ADOPTED on second reading this 17th day of July, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2017. CITY CLERK Page 3 of3 After Recording Please Return to: Ellisa L Horvath,MMC,City Clerk City ofAveraura 19200 West Country Club Drive Exhibit #1 Aventura,F133180 01-DA-06 (REV) FIRST MODIFICATION TO DEVELOPMENT AGREEMENT THIS FIRST MODIFICATION TO DEVELOPMENT AGREEMENT ("First Modification") is entered into the day of , 2017, by and between THE CITY OF AVENTURA, a Florida municipal corporation (the "City") and GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation ("Gulfstream"), as Owner of the land. RECITALS: WHEREAS, Gulfstream owns the property, consisting of approximately 19.5 +/- acres of land (the "Gulfstream Property"), zoned B2, Community Business District according to the City's Official Zoning Map, legally described as Exhibit"A" in the Agreement; WHEREAS, on November 8, 2006, Gulfstream and the City entered into a development agreement recorded in Official Records Book 25122, at page 4603, of the Public Records of Miami-Dade County, Florida, (the "Agreement"), pursuant to the Florida Local Government Development Agreement Act Sections 163.3220-163.3243, Florida Statutes; WHEREAS, the Agreement preserved the existing zoning of the property in accordance with the City's Comprehensive Plan and Land Development Regulations for a ten (10) year term beginning on November 8, 2006, provided for conveyance of the Waterways Park parcel to the City and restricted vehicular access to and from NE 213 Street to the adjacent Gulfstream lands; WHEREAS, since the date of execution of the Agreement, Gulfstream has complied with the terms of the Agreement; WHEREAS, the City and Gulfstream have entered into an Agreement of Purchase and Sale dated April 3, 2017 under which the Seller has agreed to sell to the City a 2.0 acre parcel of land adjacent to Waterways Park legally described in Exhibit "B" and Gulfstream has requested and the City has agreed to process in accordance with City Code and Florida Law (i) a rezoning of a portion of the B2 property consisting of 2.0 acres from B2 to MO; (ii) an amendment to the Development Agreement providing for a seven (7) year extension of the term, providing for conveyance of the 2.0 acre parcel from Gulfstream to the City and providing for modification to the vehicular access restriction to the B2 parcel from NE 213; (iii) an amendment to the Conditional Use Approval adopted in Resolution No. 2006-62 to extend the approval for seven (7) years and to add the rezoned 2.0 acre parcel to the conditional use approval and (iv) amend the vehicular access restriction on NE 213 Street. WHEREAS, Gulfstream and the City agree to a modification of the Agreement to include the new legal description for the reduced B2 parcel and for the reconfigured MO parcel, to amend Section 4. to extend the term of the Agreement, to amend Section 8. to describe the 2.0 acre parcel to be conveyed to the City and to revise Section 14. to amend the vehicular access restriction to NE 213 Street; NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein, Gulfstream and the City agree as follows: 1. Recitals. The recitals set forth above are incorporated herein and form an integral part of this First Modification. 2. Exhibits Replaced . Exhibit "A" to the Agreement is deleted and the attached Exhibit "A" describing the 17.5+/- acres B2 parcel is substituted therefor. Exhibit "B" to the Agreement is deleted and the attached Exhibit "B" describing the reconfigured 12.7 +/- acres MO parcel is substituted therefor. 3. Modification of Agreement. Section 4. of the Agreement is amended as follows: 4. Effective Date and Duration. This Agreement shall become effective on the Effective Date. The Agreement shall be recorded in the public records of Miami-Dade County and shall run with the land and shall be binding on all parties and all persons claiming under it for a term of ten (10) years from the Effective Date. The term of this Agreement may be extended, as well as any other change to this Agreement, including release or partial release, upon execution of an instrument by the Developer (or its assigns, which may include, but not be limited to a Community Development District and/or a master property owners' association with appropriate authority over the Property) and with the consent of the, then, owner(s) of a majority of the Property, provided that such change has been approved by the City after public hearing, pursuant to Sections 163.3225, and 163.3229, Florida Statutes. The City may apply subsequently adopted laws and policies to the Property solely pursuant to the procedures of Section 163.3233(2), Florida Statutes. The term of this Agreement was extended from November 8, 2016 to July 7, 2017 pursuant to Executive Order 16-230 issued by the Governor of the State of Florida under the provisions of Section 252.363(1)(a), F.S. The term of this Agreement is further extended for seven (7) years from the last effective date of July 7, 2017 to July 7. 2024. Section 8. of the Agreement is amended as follows: 8. Reservation or Dedication of Land. Except as otherwise provided below and pursuant to applicable subdivision regulations, the Developer shall not be required to dedicate or reserve any land within the Property for municipal purposes. (a) Public Park The City and the Developer have entered into a Purchase and Sale Agreement dated May 12, 2006 (the "Purchase and Sale Agreement"), which the--Developer. The City and Gulfstream have entered into a Purchase and Sale Agreement dated April 3, 2017, which agreement contemplates the acquisition by the City of a 2.0 acre parcel of land owned by Gulfstream. Section 14. of the Agreement is amended as follows: 14. Conditions, Terms or Restrictions Deemed Necessary by Local Government for Public Health, Safety and Welfare. Vehicular access (other than as may be required by government for emergency vehicles) to and from Developer's Hallandale Beach DRI Lands and the Gulfstream Park Tract to N.E. 213'h Street on and after the date the first temporary certificate of occupancy is issued for a residential building constructed on the Adjacent Property shall be prohibited, provided, however, that until such access is permanently prohibited as set forth above, vehicular access to the Gulfstream Park Tract from N.E. 213th Street shall be permitted on an interim basis subject to the following restrictions: (i) access by the public shall be restricted to weekdays, weekends and holidays on which horse racing events are scheduled at Gulfstream Park, (ii) after the execution of a mutually acceptable construction phasing plan, access on all other days shall be restricted to construction vehicles, provided that such access shall be permitted only until such time as construction of the renovation and expansion of the improvements to the Clubhouse and the Slot Facility Building now or hereafter located on the Gulfstream Park Tract is completed, and (iii) at no time shall vehicular access from N.E. 213'h Street to Developer's Hallandale Beach DRI Land be permitted for any purpose (other than as may be required by the government for emergency access). 4. Agreement Status. The terms and conditions of the Development Agreement dated November 8, 2006 shall remain in full force and effect except as herein modified. Signed,sealed, executed and acknowledged this day of ,2017 Signature Pages to Follows] IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. ATTEST: CITY OF AVENTURA, FLORIDA By: Ellisa L. Horvath, MMC, City Clerk Eric M. Soroka, ICMA-CM, City Manager day of , 2017 Approved as to form and legality City Attorney WITNESSES: GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation Signature By: Print Name Signature Print Name STATE OF FLORIDA SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2017, by of Gulfstream Park Racing Association, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification, and acknowledged that s/he did execute this instrument freely and voluntarily for the purposes stated herein. My Commission Expires: Notary Public, State of Florida Print Name EXHIBIT "A" Fain Pc A -(a tt146a . I hRI NI&NJ &S. 1 LE. STONER &ASSOCIATES, INC. 4341 S.W. 62nd Avenue SURVEYORS sMAPPERS FloridaLicensed survey Tel. (954) 585-0997 Davie, Florida 33314 and MapppinggBusiness No, 6633 Fax (954) 585-3927 LEGAL DESCRIPTION OF '82' ZONE PARCEL BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42 (P.13.76, PG. 30, M.D.C.R.) CITY OFAVENTURA,MIAMI-DADE COUNTY,FLORIDA LEGAL DESCRIPTION: THENCE 5.70156'36-E.,ALONG SAID NORTH RIGHT-OF-WAY LINE,A A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN ACRES DISTANCE OF 131.73 FEET,TO A POINT OF CURVATURE OF A ALSO BEING A PORTION OF THE NORTH ONE-HALF(N. 1/2)OF TANGENT CURVE CONCAVE TO THE NORTHEAST; SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST,ACCORDING TO THENCE SOUTHEASTERLY AND EASTERLY,ALONG THE ARC OF SAID THE PLAT THEREOF RECORDED IN PLAT BOOK 76,PAGE 30,OF THE CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 21°05'30",A PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA,SAID PARCEL RADIUS OF 614.09 FEET,FR/OR AN ARC DISTANCE OF 226.06 FEET BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO A POINT OF TANGENCY: COMMENCE AT THE NORTHEAST CORNER OF THE NORTH ONE-HALF THENCE N.B8°0l21'E.,ALONG ALINE TANGENT TO THE LAST (N. 1/2SAID SECTION 34,SAID POINT ALSO BEING THE DESCRIBED CURVE,A DISTANCE OF 940.42 FEET TO A POINT ON LINE NORTHEAST CORNER OF TRACTS OF SAID DONN ACRES; 138.41 FEET WEST OF AND PARALLEL WITH THE ZONING LINE OF THENCE S.88°0122"W.,ALONG THE NORTH LINE OF SAID NORTH ZONES"MO"AND"62",RECORDED IN OFFICIAL RECORDS BOOK ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND B. A 25136.PAGE 3880 0E THE SAID PUBLIC RECORDS, DISTANCE OF 1,511.74 FEET TO THE POINT OF BEGINNING OF THE THENCE N.01°58'38"W.ALONG SAID PARALLEL LINE,A DISTANCE OF HEREIN DESCRIBED PARCEL OF LAND; 629.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 5.881:01'22RN.,ALONG THE NORTH LINE OF SAID SAID LANDS SITUATE WITHIN THE CITY OF AVENTURE,MIAMI-DADE NORTH ONE-HALF(N 1/2),AND THE NORTH LINE OF SAID TRACT A,A COUNTY,FLORIDA,CONTAINING 17.51 ACRES, DISTANCE OF 1140.12 FEET,TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF U.S.HIGHWAY NO.1(BISCAYNE (762,706 SQUARE FEET)MORE OR LESS. BOULEVARD),AS DESCRIBED IN OFFICIAL RECORDS BOOK 26075, PAGE 771.OF SAID PUBLIC RECORDS,AND A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE WEST,A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF NOTES: 5.79°47'58"E.FROM THE RADIUS POINT; 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR THENCE SOUTHWESTERLY.ALONG SAID RIGHT-OF-WAY LINE AND OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL RECORD, ANGLE OF 02°22'30"AND A RADIUS OF 3,921.83 FEET,FOR AN ARC DISTANCE OF 162.56 FEET,TO A POINT ON A NON-TANGENT LINE; 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THESIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED THENCE 5.26°25'O7"W.,ALONG SAID RIGHT-OF-WAY LINE A DISTANCE SURVEYOR AND MAPPER. OF 51.49 FEET,TO A POINT ON THE SAID EAST RIGHT-OF-WAY LINE 3. THE BEARINGS SHOWN HEREON ARE BASED ON 5.88°01'22"W. OF ROAD NO.5(U.S.HIGHWAY NO.1),AS SHOWN ON FLORIDA ALONG THE SOUTH LINE S.E.'X OF SECTION 27-51-42,AS SHOWN ON DEPARTMENT OF THE TRANSPORTATION MAP NO.87030-2201,SAID THE PLAT OF GULFSTREAM PARK,RECORDED IN PLAT BOOK 182,AT POINT BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO PAGE 195-203,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, THE WEST,A RADIAL LINE OF SAID CURVE THROUGH SAID POINT FLORIDA. HAVING A BEARING OF S.76141'31"E.FROM THE RADIUS POINT; 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOTA SURVEY). THENCE SOUTHWESTERLY,ALONG SAID EAST RIGHT-OF-WAY LINE, ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A CENTRAL 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM ANGLE OF 04°41'59",A RADIUS OF 3,909.83 FEET,FOR AN ARC WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION DISTANCE OF 320.70 FEET,TO A POINT OF REVERSE CURVATURE OF SHOWN HEREON WAS AUTHORED BY STONER&ASSOCIATES,INC. A TANGENT CURVE CONCAVE TO THE NORTHEAST. 6.SEE SHEETS 2 AND 3 OF 3 FOR A GRAPHIC DEPICTION(SKETCH)OF THENCE SOUTHWESTERLY,SOUTHERLY AND SOUTHEASTERLY, THE PROPERTY DESCRIBED HEREON. ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 88°53'36'.A RADIUS OF 25.00 FEET.FOR AN ARC DISTANCE OF 38.79 FEET.TOA POINT OF TANGENCY,(THE PREVIOUS FOUR COURSES BEING COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE), SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF N.E. 213 STREET,AS DESCRIBED IN OFFICIAL RECORDS BOOK 17973, PAGE 3869,OF SAID PUBLIC RECORDS; CERTIFICATE: THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF II FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL Sd SURVEYORS AND MAPPERS IN CHAPTER 5J-1A FLORIDA ADMINISTRATIVE VE CODEPURSUANT TO SECTION OSEAL I O;R ORIDA STATUTES. EA REVISIONS DATE BI DATE: Mar 31, 2017 NOT VALID UNLESS CO RICHARD G. CRAWFORD Jr. SEALED HERE WITH AN EMBOSSED d PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SEAL 2 CO THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER& 2 N. ASSOCIATES.INC. WHOLE OR IN DATE OE SKETCH: DRAWN BY CHECKED BY FIELD BOOK PART WITHOUT PERMISSION OF STONER a ASSOCIATES.INC. 3/31/17 DRL RGC N/A SHEET 1 OF 3 r `STONER & ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd AVE. Florida Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION B2' ZONE PARCEL BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) MY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA NORTH LINE N.1/2 SECTION 34 AND NORTH LINE TRACTS A AND BTh S.88'01'22"W\1511.74'N BROWARD COUNTY $88 01 22 W. 1,140.12' - MIAMIDADE COUNTY— P.OB. 15'EASE ENi . (C.RH.2054,PG.182,MOOR I NORTH LINE TRACT A N E.CORNER N.111 OF SECCTTION 34-51-47 AND N E.CORNER TRACT e DONN ACRES.R11.76.PC.30.M 0.0 I I I I 1 LEGEND: I PG.O.R B OFFICIAL PAGE RECORDS BOOK P.S. PLAT BOOK I 1.41' M .C.R. MIAMI-DADE COUNTY RECORDS $ B.C.R.. BROWARD COUNTY RECORDS II P.O.G. . POINT OF COMMENCEMENT 1'1I P.O.B.. . POINT OF BEGINNING LL CENTERLINE MOi I F D.O T FLORIDA DEPARTMENT te OF TRANSPORTATION 111 _iv_ BREAK IN SCALE W ' N co W § ui eI A PORTION OF TRACT A W I DONN ACRES r = o :u (P.B. 76, PG. 30, M.D.C.R.) Z 00 J 17.5106ACRES om f I 762.706 SQUARE FEET ... Q f00 6 EI o7 Z IN I =p wo II I N.RIGHT-OF-WAY LINE RCS 1141' (p 0.9.20466 P 19'%2 E' INO240ENG 26EASEMENT MM1I C R) UTILITY EASEMENT opI (O R.B.26665.PG 1676,M 0 R) 5'CITY ASEME ORB.YMDO PG L546F AVENTURAEM OC RNT C N.88°01'221E. 940.92' F PBL.UTILITY (O RB19692,PG 300.M.DCR N . E . 2 1 3 t h STREET SCALE: 1"=100' RIGHT-OF-WAY DEEDED TO THE CITY OFAVENTURA PER O.R.B.17937,PG.3869. 50'RIGHT-OF-WAY PER 153 PG 8,M D C.R LAKES-PHASE LMI= 0 2550 100 200 SEE SHEET 1 OF 3 FOR THE LEGAL GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON. ^ SKETCH NO. R \6.0 m C ,.\donSTONxSJR Y\wm pda \mwUem9\A=Pum w12\z6 ACRE PARCELdwy SHEETpOF 3 12-7854 '52' PAR `STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd AVE. Florida Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION B2 ZONE PARCEL BEING A PORTION OF TRACT A OF DONN ACRES I I SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA el I I I I NORTH LINE N.12 SECTION 34 BROWARG COUNTY 947 S80°01'22'W. 1140.12' (RAOo6�� MI'MI.DAD C•LN ' 1-7EASEMENT K IQR B.IDSy PG.183,M0.CR1 O NORTH LINE TRACT A IO O O ^e.;vt F - rvmi w2 I � � QM^ ?a LEGEND: I C.2 4: Utr r a� O.R B OFFICIAL RECORDS BOOK > ,. 3o P.R. PLAT BOOK c o d PG.. . PAGE U s qm M.D C R. MIAMI-DADE COUNTY RECORDS n h g o o RC R POINTBROWARD COUNTY RECORDS Cpm ¢o" P.O.C. POINT OF COMMENCEMENT we_ P.O.B. POINT OF BEGINNING IF = 5.76.41, CL CENTERLINE Y. (BN0 31)E 526 °25'07"W. F.D.O.T, . . . . . . FLORIDA DEPARTMENT IO t4L/ 51.49' OF TRANSPORTATION N CO —"\C-. . . BREAK IN SCALE W W -D ¢ N 0 0,- W N IU pQ ha 7' 2 F IW w 3 .- A PORTION OF TRACT A = J R Jwary DONN ACRES S P.R. 76, PG. 30. M.O.C.R.) 112 de y i 17.51 ACRES f !si o 762,706 SQUARE FEET rou I oQ z I Q E CA=88°53'36" I R=25.00' A=38.79' I S>0°5 , F N.RIGHT-OF-WAY LINE 1377 3' (oRS 20400PG 2646 EASEMENT CA_21°I _ _ _ _ — — 614.09' N 88°01'22"E. 940.92' A=226.0-;-R--- =226.06 N . E . 2 1 3 t h STREET SCALE. 1'= 100' RIGHT-OF-WAV DEEDED TOF THE CITY OFAVENTURA PER O.R.B.17937,PG.3869. 5p'RIGHT-OF-p Bv 153 PG 8NMUD GR KES-PHASE I. NOTE: SEE SHEET 1 OF 3 FOR THE LEGAL DESCRIPTION OF THE PROPERTY 0 2550 150 200 SHOWN GRAPHICALLY HEREON. GRAPHIC SCALE SKETCH NO. RIE C\Usns\domlon.SICNESURKY\eppdoto\laagtemp\AAudlisd 5612\20 ACRE micadrg SH EET&OF 3 12-7854 '132r PAR EXHIBIT "B" C&TNb L.S&e- ?ecP_CEL- Neo• &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd Avenue Florida Licensed survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 LEGAL DESCRIPTION OF ZONING'MO'SITE BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) CITY OF AVENTURA MIAMI-DADE COUNTY,FLORIDA LEGAL DESCRIPTION: LEGAL DESCRIPTION:(CONTINUED) A PARCEL OF LAND BEING A PORTION OF TRACT A.DONN ACRES ALSO BEING A PORTION OF THE NORTH ONE-HALF(N.1/2)OF THENCE N.50°29'14'E.,A DISTANCE OF 32.10 FEET TO A POINT ON SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST,ACCORDING TO THE EAST LINE OF SAID NORTH ONE-HALF(N.1/2)AND THE EAST THE PLAT THEREOF RECORDED IN PLAT BOOK 76,PAGE 30,OF THE LINE OF SAID TRACT B,(THE PREVIOUS TWO COURSES BEING PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA,SAID PARCEL COINCIDENT WITH THE SAID NORTH RIGHT-OF-WAY LINE); BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THENCE N.02°2114"2.,ALONG SAID EAST LINE.A DISTANCE OF BEGIN AT THE NORTHEAST CORNER OF THE NORTH ONE-HALF(N. 541.55 FEET,TO THE POINT OF BEGINNING. 1/2)OF SAID SECTION 34,SAID POINT ALSO BEING THE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES; SAID LANDS SITUATE WITHIN THE CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA.CONTAINING 12.72 ACRES, THENCE S.88°01'2214/.,ALONG THE NORTH LINE OF SAID NORTH (554.227 SQUARE FEET)MORE OR LESS. ONE-HALF(N 1/2)AND THE NORTH LINE OF SAID TRACTS A AND B, A DISTANCE OF 1511.74 FEET TO A POINT ON LINE 138.41 FEET WEST OF AND PARALLEL WITH THE ZONING LINE OF ZONES"MO"AND"BY, RECORDED IN OFFICIAL RECORDS BOOK 25136,PAGE 3880 OF THE SAID PUBLIC RECORDS; THEN 5.01°58'38"E.,ALONG SAID PARALLEL LINE,A DISTANCE OF 829.41 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF N.E. 213 STREET,AS DESCRIBED IN OFFICIAL RECORDS BOOK 17973, PAGE 3869,OF SAID PUBLIC RECORDS; THENCE N.68°01'27E.,ALONG SAID RIGHT-OF-WAY LINE.A DISTANCE NOTES: OF 402.38 FEET, THENCE N.01°5205'2.,A DISTANCE OF 442.98 FEET, 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP,RIGHTS-OF-WAY.EASEMENTS OR OTHER MATTERS OF RECORD. THENCE N.88°01'22"E.,A DISTANCE OF 196.67 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND(CITY PARK).DESCRIBED IN 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE OFFICIAL RECORDS BOOK 25122,PAGE 4596 OF SAID PUBLIC SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED RECORDS; SURVEYOR AND MAPPER. 3. THE BEARINGS SHOWN HEREON ARE BASED ON S.88°01'22"W. THENCE N.0l"52'05"W.,ALONG THE WEST LINE OF SAID PARCEL,A ALONG THE SOUTH LINE AEG OF SECTION 27-51-42,AS SHOWN ON DISTANCE OF 8205 FEET TO THE NORTHWEST CORNER OF SAID THE PLAT OF SULFSTREAM PARK,RECORDED IN PLAT BOOK 182,AT PARCEL; PAGE 195-203,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THENCE N.88°09'54"E.,ALONG THE NORTH LINE OF SAID PARCEL,A 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY DISTANCE OF 581.87 FEET,TO THE NORTHEAST CORNER OF SAID (THIS IS NOT A SURVEY). PARCEL; THENCE 5.01°52'06"E.,ALONG THE EAST LINE OF SAID PARCEL,A 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM THENCE 5O1 52358FEEONG HPOIASOL SAID DH WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER&ASSOCIATES,INC. RIGHT-OF-WAY LINE; 8 SEE SHEETS 2 AND 3 OF 3 FOR A GRAPHIC DEPICTION(SKETCH)OF THENCE N.88°01'28"E.,ALONG SAID NORTH RIGHT-OF-WAY LINE,A THE PROPERTY DESCRIBED HEREON. DISTANCE OF 107.88 FEET,TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE EASTERLY AND NORTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 37°32'08",A RADIUS OF 330.00 FEET.FOR AN ARC DISTANCE OF 216.19 FEET TO A POINT OF TANGENCY; CERTIFICATE: cC THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTON SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. a I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONALC^ CL SURVEYORS AND MAPPERS IN CHAPTER SJ-17.FLORIDA ADMINISTRATIVE � � CODE.PURSUANT TO SECTION 471,07.FLORIDA STATUTES. EA " REVISIONS DATE q, DATE: Apr 03, 2017 NOT VALID UNLESS RICHARD G. CRAWFORD Jr. SEALED HERE WITH AN EMBOSSED d+I PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SEAL L6 THE MATERIAL SHOWN HEREON IS THE PROPERTY Of STONER e i 00 ASSOCIATES,INC AND SHALL NOT BE REPRODUCED IN WH LE OR IN DATE OF SKETCH: DRAWN BY CHECKED BY FIELD BOOK OI.- PART PWIGHT O17PMISSION OF STONER&ASSOCIATES.INC. 3/31/17 DRL RGC N/A SHEET 1 OF 3 N `STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd AVE. Fonda Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION ZONING'MO'SITE BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA PORT M AP OF T HE TOWN OF '" °` NORTH LINE Iia! F LO1/25ECTION 34L I 6ROWARD COUNTV 5 BB 0122'W. 1,511.]4I t _ — — — —MIAMI-DADE COUNTY— — L 115'EASEMENT P.O.B. \ it (ORB.8054.PG.182,M�.0 R. NORTH LINE TRACT B RACT El, 1 NE.C42 ORNIER.N.USER SECTION BONN ACES,P B.76 PG 30,PR 0.0.R m ' I N.LINE ' CITY PARK PARCEL N.E. CORNER A- N.83°09'54'E. 581.8]' / CIN PARK PARCEL O% o wJ i��' �/ 01- Or Cn Q R' ui 2 LL • FLORIDA POWER&LIGHT CO.EASEMENT ei / / (O R.B.23025,PG.3174,M.DC R.) w in F1 / / 7 W I N mkr W in I / n L + — i Zrc 2� ; L ' / wU O SI J `I - A PORTION OF TRACT B ¢ m oi DONN ACRES k ( n f1. .... i _._ s a a 1 (P.R. ]6, PG. 30, M.D.C.R.) io i .... / m rc TRACT ..A.' 1 11 m. m ' II a ZONING 'MO' SITE / i wa ' r -...,.... ._. .,.. 12.72 ACRES 2 G w 554,227 SQUARE FEET 1 Z iFPwnUn EASEMENT II 1 I L7:1 LEGEND: rose.26169 PG 3379,MD c.R3 ( 1 1 O.R B OFFICIAL RECORDS BOOK P.B. PLAT BOOK �) AN0 M D.CR.... M AMI-DADE COUNTY RECORDS/ J <3°ryti^0 N.RIGHT-0F-WAY LINE R4. A B.C.R.. . . . .. ... BROWARD COUNTY RECORDS 1 P.O.B. POINT OF BEGINNING j— - - - - - - 3T°3200 G •-31.3 ,2330., IOW 01'22"E. Pct 0' 10].88' N . E . 21 3th STREET SCALE: 1"=100' RIGHT-OF-WAY DEEDED TO THE CITY OFAVENTURA PEROR.B.17937,PG.3669, 50'RIGHT-OF-PB.1PER 53.PG 6,MDNC.R.LAKES-PHASE I, EN NOTE: 0 2550 100 100 SEE SHEET 1 OF 3 FOR THE LEGAL GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON. SKETCH NO. RU: C:Wurs\donlm.STMw SURVEY\nppduI&oc \temp\&PuNIN3536\2.0 ACK PARCELA.g SHEET 2 OF 3 12-7854 M.O. PAR STONER &ASSOCIATES, INC. 4341 S.W. 62nd AVE. SURVEYORS-MAPPERS Tel. (954) 585-0997 ./ Florida Licensed Survey Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION ZONING IMO'SITE BEING A PORTION OF TRACT A OF DONN ACRES SECTION 34-51-42(P.B.76, PG. 30, M.D.C.R.) CITY OFAVENTURA,MIAMI-DADE COUNTY,FLORIDA FOMTION OF PARCEL H. MAMA NO 12 MHEH A SEC7i0G Ir -- ATA) NORTH LINE N-1/2 SECTION 34� BROWARD COUNTY 5.88'01'221W. 1,511.74 I — _ _ _ - - - . - -_ _ _ - - - - -{- -MIAMI-UAUELWNTV— —i- — —O . \V L5'EASEMENT (OR&2051.PG.In,MD NORTH LINE TRACT A NW. CORNER LEGEND: CITY PARK PARCEL N.88°09'541E. I 0.R B OFFICIAL RECORDS BOOK 68187' g `P 136.41' I PG.. PAGE PLAT BOOK E 1:7 P M.D.C.R. MIAMI-DADE COUNTY RECORDS - N LINE B.C.R. BROWARD COUNTY RECORDS m CITY PARK P.O.B. POINT OF BEGINNING o PARCEL i IR N.88101'22"E. 196.67' Y I O I CI 1e • • W mu W on II H oS irc W ci, �� A PORTION OF TRACT A Wo N w „a DONN ACRES $F I W Eo N e6 (P.B. 76, PG. 30, M.D.C.R.) "j m 003� TRACT 'A" - Nm ZONING 'MO' SITE m ¢ DY I 12.72 ACRES A = CO 0 ' m _ f �' ! 554,227 SUUARE FEET - - 35 1 i H ,- I I I`6 138.41' II F.RIGHT-OF-WAY LINE _ — N 88'01'221E. 402.38' N . E . 213th STREET SCALE: 1"=100' RIGHT-OF-WAY DEEDED TO THE CITY OFAVENTURA PER O.R.B.17937,PG.3899, W'RIGHT-OF-WAY ERPG NM O C LAKES-PHASE KES-PHASE I, NOTE: 0 zew SEE SHEET 1 OF 3 FOR THE LEGAL GRAPHIC SCALE DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON. SKETCH NO. RC: aW:<a\awmIm.nammRVEr\aooaot1\bAl\1emoU8tiellm 3536\z0 ACRE PARCELdwg SHEET 3 OF 3 12-7854 M.O. PAR CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT ME ORANDUM TO: City Commission FROM: Eric M. Soroka, I' --CM City Manager ` BY: Joanne Carr, Al • ,, Community Develo•men Director DATE: April 28, 2017 SUBJECT: General Housekeeping Updates to the City Code (01-LDR-17) May 2, 2017 Local Planning Agency Agenda Item 4_ May 2, 2017 City Commission Meeting Agenda Itemg June 14, 2017 City Commission Meeting Agenda Item ayk RECOMMENDATION It is recommended that the City Commission approve staff's requests for updates to the City Code detailed in this report and provided in the accompanying ordinance. THE REQUEST City staff is recommending general housekeeping updates to the City Code. These updates are recommended for consistency with recent changes in legislation, for clarification of Code provisions and for facilitation of development review. The specific proposals are as follows: 1. Chapter 31, Article II. Section 31-21, Definitions. Amendment to Open Space Definition The current definition of "Open Space" in Section 31-21 provides that open space is any area of land and/or water which is open and unobstructed from the ground to the sky, including wetland mitigation areas and areas maintained in a natural and undisturbed character. It does not include areas covered with buildings, parking areas, driveways and other paved areas. The "open and unobstructed from the ground to the sky" language precludes counting rooftop gardens and above ground landscaped patio areas as part of open space, while these areas are encouraged as part of the City's Green Building Program and function as open space amenities for residents, users and occupants of buildings in an urban setting. The exception is the development standard in the Office Park (OP) zoning district which currently provides that 50% of roof decks and other above grade surfaces which are provided and maintained for the common benefit of all occupants of the building may be included in the calculation of required open space. Staff recommends that the definition of open space be amended to provide that 50% of the area of any landscaped rooftop or above ground patio areas be counted as part of open space for all zoning districts, with the condition that these areas be well landscaped with trees and other plantings and that they be maintained for the common benefit of and accessible to all occupants of the building. This amendment is not proposed to include planter boxes on exterior walls or other small above ground planting areas that are not available for use by building occupants. The proposed amendment language is as follows: Section 31-121, Definitions: "Open space shall mean any area of land and/or water, which is open and unobstructed from the ground to the sky including wetland mitigation areas and areas maintained in a natural and undisturbed character. Open space shall include private parks, buffer yards and common landscaped areas. Open space shall also include 50% of the area of landscaped rooftop amenities and landscaped above-ground patios which are well landscaped with trees and other plantings and are maintained for the common benefit of and accessible to all occupants of the building. Open space shall also include bicycle and pedestrian paths external to a development parcel. Open space shall not include submerged areas below the control water elevation (exclusive of wetland areas), areas covered with buildings, parking areas, driveways and other paved areas and shall not include planter boxes on exterior walls or other above ground planting areas that are not available for use by building occupants." 2. Chapter 31, Article VII, Sections 31-144 and 31-145, Use Regulations, Addition of Adopted Amendment to Chapter 14, Green Building Program for Consistency On April 15, 2016, the City Commission adopted Ordinance No. 2016-05 which added language to Chapter 14, Green Building Program, of the City Code to address situations where a LEEDS Gold or Platinum building is proposed on the same site that had an existing office building or buildings on October 6, 2009, namely, the date of passage of the Green Building Program, where the existing office building or buildings are not certified at LEED® Gold or Platinum level. The adopted amendment in Chapter 14 is as follows: "For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED®Gold or Platinum certification, the bonuses in (ii) and (iii) above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings." 2 For consistency, Section 31-144, Business Zoning Districts and Section 31-145, Town Center Zoning Districts, should now be amended to include this adopted amendment. The proposed addition of this clause to each section of those two zoning districts is detailed in the attached ordinance 3. Chapter 31, Article VII. Use Regulations, Amendment to Permitted Size of Above Ground Fuel Storage Tanks for Multifamily Residential Districts and Non-Residential Districts All residential, business, town center, industrial, community facilities, recreation/open space and utilities zoning districts contain provisions for installation of above ground fuel tanks for storage of emergency generator fuel. Those provisions are: Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. The above ground fuel storage tank is a permitted accessory use in the business district and is a conditional accessory use in the residential districts. If the tank capacity is larger than 550 gallons, variance approval is needed prior to issuance of a building permit for the installation. This 550 gallon size limit was adopted as part of the zoning districts in April of 2000 and corresponds to the maximum size allowable without Florida Department of Environmental Protection tank registration. Since this provision was adopted into the Code, several residential condominiums have applied to the City to replace old underground fuel storage tanks with new above ground tanks. However, while the 550 gallon tank is sufficient for single family homes, this smaller size of tank does not adequately serve the size of generator needed for the larger multifamily condominium buildings. Generally, applications have shown that a minimum 2000 gallon capacity tank is required for the high rise buildings. 3 Staff recommends that the above ground fuel storage tank provision be revised to change the size of tank from 550 gallons capacity or less to 2000 gallons capacity or less for multifamily residential districts and for non-residential districts. In the multifamily residential and town center districts, conditional use approval would still be required prior to installation but the need for variance approval would be eliminated. In non-residential districts, the tanks would continue to be permitted as an accessory use but with the larger size. All other existing requirements will remain the same, those are, the property owner must obtain a DERM permit, screen the tank with a masonry wall with self-closing and locking metal gate or door, locate the tank in a manner consistent with site development standards (setbacks) and obtain a City building permit. 4. Chapter 31, Article IX, Section 31-191, Sign Regulations, Amendment to Temporary Signs Staff has received requests from several property owners requesting a temporary sign for new tenants while their interior renovations are under construction. Currently, Section 31- 191 of the City Code allows only a temporary banner for 14 days following issuance of a Local Business Tax Receipt. The Local Business Tax Receipt is not issued until all interior renovations have been permitted, inspected and approved by the Building Division. This leaves the tenant with no sign until the unit is ready to be occupied. Staff is recommending that a window sign be added as a permitted temporary sign, with similar conditions and limitations as a temporary window sign permitted in Section 31- 191(k)(5). The proposed amendment is as follows: "Section 31-191, Sign Regulations Generally (k) Temporary Signs (11) Temporary Window Sign During Construction of Tenant Space Residential District Non-Residential District Approvals necessary Not permitted Sign Permit Required Number(maximum) One per establishment Sign area (maximum) Ten percent of window area up to a maximum of ten square feet Time Limit Permitted for a 12 month period from date of building permit issuance until the date of issuance of a Certificate of Completion or Occupancy on 4 until a permitted temporary banner is erected, or until a permitted permanent wall sign is erected,whichever first occurs 5. Chapter 31, Article X, Section 31-221, Landscaping requirements, Update for Consistency with Miami-Dade County Code The following revisions are proposed for consistency with recent updates to the Miami- Dade County landscape code and to clarify City standards for landscaping: 1. The definition of "caliper" in Section 31-221(d) be deleted as the tree standard is now included in subparagraph (h)(1)b. below, which refers to the most current edition of Florida Grades and Standards for Nursery Plants. 2. The location and number of street trees is clarified in subparagraph (h)(1)d. below. 3. A new subparagraph (h)(1)I., Minimum landscape requirements for all zoning districts, is added for street trees near power lines, where the height and location of overhead power lines requires the planting of low growing trees. 4. A new subparagraph (h)(1)m. is added to provide minimum tree species diversity standards. 5. The language in Subsection (h)(2) d., Other Plant Material Specification, is updated to reference most current edition of Florida Grades and Standards for Nursery Plants. 6. Subparagraph (i)(1), Maintenance, is clarified to provide that all plantings are sufficiently fertilized and watered to maintain the plantings in a healthy condition. 7. A new Subparagraph (i)(2), Maintenance, is added to provide for replacement of any dead tree or plant with an approved substitute. The proposed amendments are as follows: "Section 31-221, Landscaping requirements (d) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (h) Minimum landscape requirements for all zoning districts. (1) Tree specifications. 5 a. Required trees shall be of a species which normally grow to a minimum height of 25 feet and have a mature crown spread of not less than 20 feet with trunks which can be maintained with over six feet of clear wood. Emphasis is given to the use of native species. b. All required trees shall •- --•-'----- • - - •--•- - - - - • :- -•- - -• -- - - -• : - . be fourteen (14) feet high and conforming to or exceeding, the minimum standards for Florida No. 1 wade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants. Thirty (30) percent of the tree requirement may be met by native species with a minimum height of ten (10) feet and conforming to. or exceeding, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants. c. Required palms shall be field grown and have a minimum of 16 feet in overall height with a minimum of six feet of clear wood. d. Street trees shall be provided along all roadways at a maximum average spacing of thirty (30) feet on center, except as otherwise provided in this chapter. Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way obstructions as determined by the City Manager or Designee. Adjacent to any mIn4.,.,��"'�f-.•.arm A single trunk palm species with a minimum ten inches DBH, and-a um-of-eight feet of clear wood and minimum canopy of fifteen (15) feet at maturity shall count as a required street tree on the basis of one (1) palm per street tree. is-required. Queen palms (Syagrus romanzoffiana) shall not be allowed as street trees. Street trees are required in addition to the minimum number of required trees. The City reserves the right to designate a common species for a roadway or portion of certain roadway segments in order to achieve a uniformity of appearance. I. Trees near power lines. Where the height and location of overhead powerlines requires the planting of low growing trees. street trees shall have a minimum height of ten (10) feet and shall conform to or exceed the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants at time of planting, and shall meet all of the following requirements: 1. Single trunk trees clear of lateral branches to four (4) feet and/or multi-trunk trees or trees/shrubs, as referenced in Landscape Manual, cleared of foliage to a height of four(4)feet. 2. A maximum average spacing of twenty-five (25)feet on center. 3. Maturing to a height and spread not encroaching within five (5) feet of overhead power distribution lines. 4. Under high voltage (50kV and above) transmission lines installed independent of underbuilt distribution lines, mature tree height and spread shall not exceed the minimum approach distances specified in the current ANSI (American National Standards Institute) Z133.1 Standards, as referenced in the Landscape Manual. m. Minimum tree species diversity standards. When more than ten (10) trees are required to be planted pursuant to the provisions of this chapter. a diversity of tree species shall be required. The minimum number of different tree species to be planted shall be based on the overall number of trees required and shall be proportional in relation to the total number of species planted. pursuant to the following table: Required Number Minimum Number Percentage of of Trees of Tree Each Tree Species Species 11-20 2 50 percent 6 21-50 4 25 percent 51 or more 6 16 percent Nothing in this subsection shall preclude the planting of additional tree species beyond the minimum numbers indicated in the table above, provided that the proportionality of each species planted is maintained. This subsection shall not preclude the planting of a single species in or along a thematic landscaping corridor, as determined by the City Manager or Designee. (2) Other plant material specifications. d. Plant Quality: Plants installed pursuant to this Code shall conform to or exceed the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants prepared by the State of Florida Department of Agriculture and Consumer Services. --- - --- - • -• • •- .-• - - -: a I. Shape and form. 3. Condition of foliage. 4. Root system. (i) Maintenance. (1) General In all districts, the owner, or his agent, shall be responsible for the maintenance, in perpetuity, of all landscaping material in good condition so as to present a healthy, vigorous, neat, and orderly appearance, and clear of weeds, refuse and debris, and sufficiently fertilized and watered to maintain the plant material in a healthy condition. Landscaping material shall be trimmed and maintained so as to meet all city, county or state site distance requirements. (2) Failure to conform or maintain. a. If at any time after the issuance of a certificate of occupancy, any landscaping material is found to be in non-conformance, including, but not limited to, dead or dying plant material, notice shall be issued to the owner or his agent that corrective action is required to be in compliance with this article. Such notice shall describe what action is necessary to comply. The owner or his agent shall have a time period, as set forth by the Code Compliance Division of the Community Development Department, to fulfill the landscaping requirements. Failure of compliance within the allotted time shall be considered a violation of this section and shall subject the property owner to fines as determined appropriate, by the Special Master of the City of Aventura. 7 b. If any tree or plant dies which is beinq used to satisfy current landscape code reouirements such tree or plant shall be replaced with the same landscape material or an approved substitute. 6. Chapter 31, Article XI, Section 31-232, Subdivision Design Standards, Language Clarification Chapter 31, Article XI, Section 31-231, Development Standards, provides that all development shall conform to the specific requirements of the appropriate zoning districts and shall comply with the standards contained in Article XI and other regulations in the Land Development Regulations. Section 31-232, entitled "Subdivision Design Standards", contains the design standards that staff has historically used for both subdivision and site development review. Staff is recommending that the wording in Section 31-232 be clarified to read "Subdivision and Site Development Design Standards" to eliminate any confusion as to applicability of the design standards in this section. The proposed amendment is as follows: "Article XI—Development Standards of General Applicability Section 31-232— Subdivision and Site Development design standards. In considering plans for subdivision and site development of land, the appropriate review bodies shall be guided by the standards set forth hereinafter. All references in this section to the word "subdivision"shall include site development of land." 7. Chapter 31, Article XI. Section 31-232, Subdivision Design Standards, Addition of Requirement of Bicycle Storage Facilities as a design standard Staff is recommending that Chapter 31, Article XI, Section 31-232, be amended to require installation of bicycle storage facilities in all subdivisions, site development and site redevelopment to facilitate multimodal travel. The proposed amendment is as follows: Article XI—Development Standards of General Applicability Section 31-232— Subdivision and Site Development design standards. 8 (8) All new subdivisions, site development and site redevelopment shall provide bicycle storage facilities in suitable design, location and number, based on square footage or number of residential units, as determined by the City Manager or designee. 8. Deletion of Murals from Chapter 31. Section 31-191, Sign regulations generally. and Addition of Murals to Chapter 31, Article XI, Section 31-233, Architectural Design Standards Chapter 31-191(f) of the City's sign code currently prohibits murals, defined as any mosaic, painting or graphic art technique applied, implanted or placed directly onto an exterior wall. Staff has received a request from a commercial property owner to place murals within the interior courtyard of its development to enhance the pedestrian experience in the courtyard. Staff is recommending that murals be deleted from the sign code and that they be regulated as an architectural design standard, with conditions to ensure that they be placed only in interior courtyard areas, on exterior walls that do not face a public right of way and that they are not used as signs. This will provide an aesthetic enhancement of the areas while maintaining the unique aesthetic character of the City and preventing visual distraction. The proposed amendment is to delete the current provision from Section 31-191, Sign regulations generally, and to add a new provision to Section 31-233, Architectural Design Standards, as follows: Article IX- Sign Regulations Section 31-191 - Sign regulations generally (e) Definitions (f) Prohibited Signs 91-Murals Article XI- Development Standards of General Applicability Section 31-233-Architectural Design Standards. 9 (5) Murals. Murals, defined as any mosaic, painting or graphic art technique applied, implanted or placed directly onto an exterior wall, may be permitted when located in an interior courtyard area and on exterior walls of buildings that do not face a public right of way, when they do not contain any advertising copy and when they do not use any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of any person or entity, or to communicate information to the public and cannot in any other way be defined as a sign, as determined by the City Manager or his designee. 9. Chapter 31, Article XI, Section 31-238, Accessory Uses, Adding Regulations for Awnings, Canopies, Sun Shade Devices and Porte Cocheres The City Code does not provide for any overhang or encroachment into a required setback for awnings and canopies. This provision has limited the use of awnings and canopies. There are no code provisions for sun shade devices and porte-cocheres. In order to support the pedestrian connectivity plan currently underway, to encourage use of sun shade devices and to support the City's green building program, staff is recommending the following code amendments and additions to provide pedestrian shelter and to encourage the use of shading elements. The proposed amendment and addition to this section is as follows: Section 31-238, Accessory Uses "(b) Awnings,_aad canopies porte-cocheres and sun shade devices. The definition of an awning or canopy shall be as provided for in the Florida Building Code. Any advertising shall conform to the sign regulations contained in this Code. (1) Awnings. An awning may be located at any window provided it is architecturally integrated into the buildings, design and color. The maximum height and width of an awning shall be limited to the minimum area required to cover a building's window. Awnings shall not be illuminated. An awning may project into a front, side or rear yard setback, provided that any such projection does not exceed five (5) feet or one-half (1A) of the width of the required setback, whichever is less. The minimum height of an awning shall be eight feet above ground. Notwithstanding the foregoing provisions, an awning may not proiect over a public sidewalk, public right of way or any vehicular use area. (2) Canopies. A canopy may be located over any private walkway adjacent to a building or over a building's entrance. The maximum minimum height of the overall canopy structure shall be eight feet and the maximum height shall be fifteen feet. The maximum width of a canopy shall be limited to the width of the sidewalk or entry way that it is covering. Illumination of a canopy shall be limited to the minimum illumination required for safe pedestrian passage under the canopy. A canopy may proiect into a front, side or rear yard setback in area and size sufficient to provide pedestrian shelter over a private walkway or building entrance, as determined by the City Manager or his designee. Notwithstanding the foregoing provisions, a canopy may not encroach into a public sidewalk, public right of way or into any vehicular use area. 10 13) Porte-Cocheres. A permanent, roofed structure extending from the entrance of a building over an adiacent private driveway to shelter those getting in and out of vehicles may extend to within ten feet of any property line, provided that the structure is constructed of walls and roof in design compatible with the principal structure, is open on three sides and has a maximum length no longer than the driveway it is sheltering. Notwithstanding the foregoing provisions, a porte-cochere may not encroach into a public sidewalk or public right of way and or any vehicular use area. J4) Sun Shade Devices. Other above ground sun shade devices attached to a building wall. including but not limited to, horizontal or vertical fins, shutter panels, brise-soleil or solar screens designed to shade windows from the sun, may project into a front, side or rear yard setback, provided that any such proiection does not exceed five (5) feet or one- half ('/) of the width of the required setback, whichever is less. The minimum height of sun shade devices shall be eight feet above ground. ANALYSIS OF PROPOSED AMENDMENTS Section 31-77, Land Development Regulations Standards for reviewing proposed amendments to the text of the LDR: 1. The proposed amendment is legally required. The proposed amendments are legally required to implement the requested revision to the Code. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. The Comprehensive Plan provides that development and redevelopment of the City shall conform to the standards established in the Land Development Regulations. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendments are consistent with the authority and purpose of the Land Development Regulations. "The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs are adopted in order to foster and preserve public health, safety and welfare and to aid in the harmonious, orderly and progressive development and redevelopment of the City..." The proposed amendments are consistent with this purpose. The proposed amendments will establish regulations and standards for review and provide for necessary updates and clarifications to aid in the harmonious, orderly and progressive development and redevelopment of the City. 4. The proposed amendment furthers the orderly development of the City. 11 The proposed amendments further the orderly development of the City, for the reasons provided in Paragraph 3 above. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendments improve the administration or execution of the development process in that it provides for an update and clarification of existing Code procedures, regulations and standards and for consistency with applicable statutory standards. 12 ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-21, DEFINITIONS, TO REVISE THE DEFINITION OF OPEN SPACE; BY AMENDING SECTIONS 31-144, BUSINESS ZONING DISTRICTS AND 31-145, TOWN CENTER ZONING DISTRICTS, TO ADD ADOPTED AMENDMENT TO CHAPTER 14, GREEN BUILDING PROGRAM FOR CONSISTENCY AND CROSS-REFERENCE; BY AMENDING SECTION 31-143(d), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3), AND SECTION 31-143(e), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3A), AND SECTION 31-143(f), MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICTS (RMF4) AND SECTION 31-143(g), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT (RMF3B) AND SECTION 31-144, BUSINESS ZONING DISTRICTS, AND SECTION 31-145, TOWN CENTER ZONING DISTRICTS, TO AMEND THE MAXIMUM SIZE OF ABOVE GROUND EMERGENCY FUEL STORAGE TANKS; BY AMENDING SECTION 31-191, SIGN REGULATIONS GENERALLY, TO ADD A NEW TEMPORARY SIGN AND TO DELETE MURALS; BY AMENDING SECTION 31-221, LANDSCAPING REQUIREMENTS, TO UPDATE THE SECTION FOR CONSISTENCY WITH MIAMI-DADE COUNTY CODE; BY AMENDING SECTION 31-232, SUBDIVISION DESIGN STANDARDS TO CLARIFY APPLICABILITY OF THE SECTION AND TO ADD BICYCLE STORAGE FACILITIES AS A REQUIRED DESIGN STANDARD; BY AMENDING SECTION 31-233, ARCHITECTURAL DESIGN STANDARDS, BY ADDING REGULATION FOR MURALS; BY AMENDING SECTION 31-238, ACCESSORY USES, TO AMEND REGULATIONS FOR AWNINGS AND CANOPIES AND ADD REGULATIONS FOR PORTE-COCHERES AND SUN SHADE DEVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura ("City Commission") is desirous of amending the Code of Ordinances ("City Code"), to clarify and to update certain sections of the City Code for internal consistency, for clarity and to provide for updated cross-references, and for consistency with updates to the Miami-Dade Country Code of Ordinances; and WHEREAS, the City Commission desires to provide for inclusion of a portion of landscaped rooftop amenities and above ground patios in the definition of "Open Space" in Section 31-21, Definitions; and WHEREAS, the City Commission desires to provide for increased minimum size of above ground emergency fuel storage tanks in the multifamily and town center zoning districts; and City of Aventura Ordinance No. 201 7-_ WHEREAS, the City Commission desires to add a new temporary sign and remove the regulation for murals from Section 31-191, Sign Regulations; and WHEREAS, the City Commission desires to provide for consistency of Section 31-221, Landscape requirements, with the provisions of the Miami-Dade County Code of Ordinances; and WHEREAS, the City Commission desires to clarify the applicability of Section 31- 232, Subdivision Design Standards and to include bicycle storage facilities as a required design standard; and WHEREAS, the City Commission desires to provide for regulation of murals in Section 31-233, Architectural Design Standards; and WHEREAS, the City Commission desires to amend Section 31-238, Accessory Uses, to amend regulations for awnings and canopies and to provide regulation for porte-cocheres and sun shade devices; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission, in its capacity as the Local Planning Agency, has reviewed the proposed amendments to the City Code pursuant to the required public hearing and has recommended approval of this Ordinance; and WHEREAS, the City Commission has reviewed the proposed amendments, and finds that it is in the best interests of the public to amend the City Code as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT1: Section 1. Recitals Adopted. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. Section 31-121, Definitions, of Chapter 31, "Land Development Regulations" is hereby amended to read as follows: ' Underlined provisions constitute proposed additions to existing text; °^', enaciugh provisions indicate proposed deletions from existing text. Page 2 of 18 City of Aventura Ordinance No. 2017- ... 017- "Open space shall mean any area of land and/or water, which is open and unobstructed from the ground to the sky including wetland mitigation areas and areas maintained in a natural and undisturbed character. Open space shall include private parks, buffer yards and common landscaped areas. Open space shall also include 50% of the area of landscaped rooftop amenities and landscaped above-ground patios, provided such areas are well landscaped with trees and other plantings and are maintained for the common benefit of and accessible to all occupants of the building. Open space shall also include bicycle and pedestrian paths external to a development parcel. Open space shall not include submerged areas below the control water elevation (exclusive of wetland areas), areas covered with buildings, parking areas, driveways and other paved areas and shall not include planter boxes on exterior walls or other above ground planting areas that are not available for use by building occupants." Section 3. City Code Amended. Section 31-144, Business Zoning Districts and Section 31-145, Town Center Zoning Districts, of Chapter 31, "Land Development Regulations" are hereby amended to read as follows: Section 31-144(b), Neighborhood Business (B1) District. (2) Conditional Use. The following uses may be established if first approved as a conditional use: 0) "For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in q. and h. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings." Section 31-144(c)(2), Community Business (B2) District. (2) Conditional use. The following uses if first approved as a conditional use: (o) "For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in I. and m. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings." Section 31-144(d), Heavy Business (B3) District Page 3 of 18 City of Aventura Ordinance No. 2017-_ (2) Conditional use. The following uses may be established if first approved as a conditional use: (i) "For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6. 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in q. and h. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings." Section 31-144(e), Office Park (OP) District (2) Conditional use. The following uses if first approved as a conditional use: (k) "For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in L and j. above shall be calculated based on the applicants total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings. Section 31-144(f), Medical Office (MO) District (2) Conditional use. The following uses if first approved as a conditional use: (m) "Forprojects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not.meet LEED® Gold or Platinum certification, the bonuses in k. and I. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings. Section 31-145(b), Town Center District (TC1) (3) Conditional uses permitted. The following uses may be established if first approved as a conditional use: (p) "For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in n. and o. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings. Page 4 of 18 City of Aventura Ordinance No. 2017- Section 31-145(c), Town Center Marine District (TC2) (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: jr) "For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in D. and q. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings. Section 31-145(d), Town Center Neighborhood (TC3) District (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: fn) "For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in I. and m. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings. Section 4. City Code Amended. Section 31-143, "Residential Zoning Districts", Section 31-144, "Business Zoning Districts" and Section 31-145, "Town Center Zoning Districts", are hereby amended to read as follows: Section 31-143 — Residential Zoning Districts. (d) Multifamily Medium Density Residential District (RMF3). The following regulations shall apply to all RMF3 districts: (4) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the zoning district. Page 5 of 18 City of Aventura Ordinance No. 2017- Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. (e) Multifamily Medium Density Residential District (RMF3A). The following regulations shall apply to all RMF3A districts: (4) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. (f) Multifamily High Density Residential District (RMF4). The following regulations shall apply to all RMF4 districts: (4) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 560 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. Page 6 of 18 City of Aventura Ordinance No. 2017- (g) Multifamily Medium Density Residential Districts (RMF3B). The following regulations shall apply to all RMF3B districts: 5. Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. Section 31-144. — Business Zoning Districts. (b) Neighborhood Business (B1) District. This district is intended to provide primarily for retail sales and services to a surrounding neighborhood. Retail stores permitted therein are intended to include primarily convenience goods which are usually a daily necessity for a residential neighborhood. The district is appropriate for location on a collector or an arterial roadway. (2) Conditional use. The following uses may be established if first approved as a conditional use: d. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet Page 7 of 18 City of Aventura Ordinance No. 2017- as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. (c) Community Business (82) District. This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways. (6) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an accessory use only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. (d) Heavy Business (83) District. This district is intended to provide locations for planned commercial centers, sharing a common identity, parking and other support facilities developed according to an overall development plan; and for a wide range of goods and services to serve a market beyond the community itself. Such commercial concentrations are expected to draw substantial patronage from outside areas and are not expected to serve the convenience needs of local residents. As such, these centers should be oriented towards and have direct access to arterial roadways, particularly major arterials. (7) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an accessory use only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the zoning district. Page 8 of 18 City of Aventura Ordinance No.2017- Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. (e) Office Park (OP) District. This district is intended to provide for high quality, semi professional and professional offices in a campus setting reflecting creative design and environmentally compatible use of space and perimeter buffer areas. This zoning district may be applied to land designated Business and Office and Industrial and Office on the City's Future Land Use Map, however, the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office and Industrial and Office category permitted use. (5) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an accessory use only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. (f) Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital. This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses. (6) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an accessory use only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. Page 9 of 18 City of Aventura Ordinance No. 2017- d. Be located in a manner consistent with the site development standards of the zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. Section 31-145. —Town Center Districts. (b) Town Center District (TCI). The following regulations shall apply to all TC1 districts: (3) Conditional uses permitted. The following uses may be established if first approved as a conditional use: (f) Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. (c) Town Center Marine District (TC2). The following regulations shall apply to all TC2 districts. (11) Performance Standards. - °- ---_ - c-- -c-- - •- -- -• - - - - - _ -- Except as provided below aAll other fuel tanks, regardless of type, will be located underground. There will be no bulk storage of any fuels permitted other than fuels stored for the purpose of servicing vehicles used in the regular course of business and for back-up generator day tanks. Aboveground fuel storage tanks (AST) may be above ground for emergency generators only as an accessory use, subject to compliance with the following requirements: Page 10 of 18 City of Aventura Ordinance No. 201 reguirementS_ a. Be of 550 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. (d) Town Center Neighborhood (TC3) District. The following regulations shall apply to all TC3 Districts: (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: d Aboveground storage tanks. Above ground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators must conform to the following requirements: a. Be of 550 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the TC1 zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. Section 5. City Code Amended. Section 31-191, Sign Regulations Generally, of Chapter 31 "Land Development Regulations" of the Code of Ordinances is hereby amended to read as follows: Section 31-191, Sign Regulations Generally (e) Definitions Page 11 of 18 City of Aventura Ordinance No. 2017- an-exterior-Avail, 017- an exteriorAvail (f) Prohibited Signs ,9)—Murals r (k) Temporary Signs (11) Temporary Window Sign During Construction of Tenant Space _Residential District _Non-Residential District Approvals necessary _Not permitted Sign Permit Required Number(maximum) Oneler establishment Sign area(maximum) Ten percent of window area up to _a maximum of ten square feet Time Limit Permitted for a 12 month period from date of building permit issuance until the date of issuance of a Certificate of Completion or Occupancy or until a permitted temporary banner is erected, or until a permitted permanent wall sign is erected, whichever first occurs Section 6. City Code Amended. Section 31-221 "Landscaping Requirements" of Chapter 31 "Land Development Regulations" is hereby amended as follows: Section 31-221. Landscaping requirements. (d) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: above nat. (h) Minimum landscape requirements for all zoning districts. (1) Tree specifications. Page 12 of 18 City of Aventura Ordinance No. 2017- a. Required trees shall be of a species which normally grow to a minimum height of 25 feet and have a mature crown spread of not less than 20 feet with trunks which can be maintained with over six feet of clear wood. Emphasis is given to the use of native species. b. All required trees shall •. - •• ••- - - • -• --•- - .•_ -_ _ __ , ..:• : _. - . be fourteen (14) feet high and conforming to, or exceeding, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants. Thirty (30) percent of the tree requirement may be met by native species with a minimum height of ten 10) feet and conforming to, or exceeding, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants. c. Required palms shall be field grown and have a minimum of 16 feet in overall height with a minimum of six feet of clear wood. d. Street trees shall be provided along all roadways at a maximum average spacing of thirty (30) feet on center, except as otherwise provided in this chapter. Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way obstructions as determined by the City Manager or designee. • - ---• - - - -- - • - - - A single trunk palm species with a minimum ten inches DBH, and m .,•^ ^• ^f eight feet of clear wood and minimum canopy of fifteen (15) feet at maturity shall count as a required street tree on the basis of one jfl palm per street tree. is—required. Queen palms (Syagrus romanzoffiana) shall not be allowed as street trees. Street trees are required in addition to the minimum number of required trees. The City reserves the right to designate a common species for a roadway or portion of certain roadway segments in order to achieve a uniformity of appearance. I. Trees near power lines. Where the height and location of overhead powerlines requires the planting of low growing trees, street trees shall have a minimum height of ten (10) feet and shall conform to or exceed the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants at time of planting, and shall meet all of the following requirements: 1. Single trunk trees clear of lateral branches to four (4) feet and/or multi-trunk trees or trees/shrubs, as referenced in Landscape Manual, cleared of foliage to a height of four (4) feet. 2. A maximum average spacing of twenty-five (25)feet on center. 3. Maturing to a height and spread not encroaching within five (5)feet of overhead power distribution lines. 4. Under high voltage (50kV and above) transmission lines installed independent of underbuilt distribution lines, mature tree height and spread shall not exceed the minimum approach distances specified in the current ANSI (American National Standards Institute) Z133.1 Standards as referenced in the Landscape Manual. m. Minimum tree species diversity standards. When more than ten (10) trees are required to be planted pursuant to the provisions of this chapter, a diversity of tree species shall be required. The minimum number of different tree species to be planted shall be based on the overall number of trees required and shall be proportional in relation to the total number of species planted, pursuant to the following table: Required Number Minimum Number Percentage of of Trees of Tree Each Tree Species Species Page 13 of 18 City of Aventura Ordinance No. 2017-- 11-20 2 50 percent 21-50 4 25 percent 51 or more 6 16 percent Nothing in this subsection shall preclude the planting of additional tree species beyond the minimum numbers indicated in the table above provided that the proportionality of each species planted is maintained. This subsection shall not preclude the planting of a single species in or along a thematic landscaping corridor, as determined by the City Manager or designee. (2) Other plant material specifications. d. Plant Quality: Plants installed pursuant to this Code shall conform to or exceed, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants prepared by the State of Florida Department of Agriculture and Consumer Services. . - - -•. .- . -. cm- 2. H alth and vitality. S--6endiEiea-efifeliage— 4. Root systom. • • grade. (i) Maintenance. (1) General. In all districts, the owner, or his agent, shall be responsible for the maintenance, in perpetuity, of all landscaping material in good condition so as to present a healthy, vigorous, neat, and orderly appearance, and clear of weeds, refuse and debris, and sufficiently fertilized and watered to maintain the plant material in a healthy condition. Landscaping material shall be trimmed and maintained so as to meet all city, county or state site distance requirements. (2) Failure to conform or maintain. a. If at any time after the issuance of a certificate of occupancy, any landscaping material is found to be in non-conformance, including, but not limited to, dead or dying plant material, notice shall be issued to the owner or his agent that corrective action is required to be in compliance with this article. Such notice shall describe what action is necessary to comply. The owner or his agent shall have a time period, as set forth by the Code Compliance Division of the Community Development Department, to fulfill the landscaping requirements. Failure of compliance within Page 14 of 18 City of Aventura Ordinance No. 2017- the allotted time shall be considered a violation of this section and shall subject the property owner to fines as determined appropriate, by the Special Master of the City of Aventura. b. If any tree or plant dies which is being used to satisfy current landscape code requirements, such tree or plant shall be replaced with the same landscape material or an approved substitute. Section 7. City Code Amended. Section 31-232, Design Standards, of Chapter 31 "Land Development Regulations" of the Code of Ordinances is hereby amended to read as follows: Section 31-232 — Subdivision and Site Development design standards. In considering plans for subdivision and site development of land, the appropriate review bodies shall be guided by the standards set forth hereinafter. All references in this section to the word "subdivision"shall include site development of land." (8) All new subdivisions, site development and site redevelopment shall provide bicycle storage facilities in suitable design, location and number, based on square footage or number of residential units, as determined by the City Manager or designee. Section 8. City Code Amended. Section 31-233, "Architectural Design Standards", of Chapter 31 "Land Development Regulations" of the Code of Ordinances is hereby amended to read as follows: Section 31-233, Architectural Design Standards (c) Minimum design standards. (5) Murals. Murals, defined as any mosaic, painting or graphic art technique applied, implanted or placed directly onto an exterior wall, may be permitted when located in an interior courtyard area and on exterior walls of buildings that do not face a public right of way, when they do not contain any advertising copy and when they do not use any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of any person or entity, or to communicate information to the public, and cannot in any other way be defined as a sign, as determined by the City Manager or his designee. Section 9. City Code Amended. Section 31-238, Accessory Uses, of Chapter 31 "Land Development Regulations" of the Code of Ordinances is hereby amended to read as follows: Section 31-238, Accessory Uses Page 15 of 18 City of Aventura Ordinance No. 2017- "(b) Awnings and canopies porte-cocheres and sun shade devices. The definition of an awning or canopy shall be as provided for in the Florida Building Code. Any advertising shall conform to the sign regulations contained in this Code. (1) Awnings. An awning may be located at any window provided it is architecturally integrated into the buildings, design and color. The maximum height and width of an awning shall be limited to the minimum area required to cover a building's window. Awnings shall not be illuminated. An awning may proiect into a front, side or rear yard setback, provided that any such proiection does not exceed five (5) feet or one-half (A) of the width of the required setback, whichever is less. The minimum height of an awning shall be eight feet above ground. Notwithstanding the foregoing provisions, an awning may not project over a public sidewalk, public right of way or any vehicular use area. (2) Canopies. A canopy may be located over any private walkway adjacent to a building or over a building's entrance. The maximum minimum height of the overall canopy structure shall be eight feet and the maximum height shall be fifteen feet. The maximum width of a canopy shall be limited to the width of the sidewalk or entry way that it is covering. Illumination of a canopy shall be limited to the minimum illumination required for safe pedestrian passage under the canopy. A canopy may project into a front, side or rear yard setback in area and size sufficient to provide pedestrian shelter over a private walkway or building entrance, as determined by the City Manager or his designee. Notwithstanding the foregoing provisions, a canopy may not encroach into a public sidewalk, public right of way or into any vehicular use area. j3) Porte-Cocheres. A permanent, roofed structure extending from the entrance of a building over an adjacent private driveway to shelter those getting in and out of vehicles may extend to within ten feet of any property line, provided that the structure is constructed of walls and roof in design compatible with the principal structure, is open on three sides and has a maximum length no longer than the driveway it is sheltering. Notwithstanding the foregoing provisions, a porte-cochere may not encroach into a public sidewalk or public right of way and or any vehicular use area. (4) Sun Shade Devices. Other above ground sun shade devices attached to a building wall, including but not limited to, horizontal or vertical fins, shutter panels brise-soleil or solar screens designed to shade windows from the sun, may project into a front, side or rear yard setback, provided that any such projection does not exceed five (5) feet or one-half ('/3) of the width of the required setback, whichever is less. The minimum height of sun shade devices shall be eight feet above ground. Section 10. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 11. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made Page 16 of 18 City of Aventura Ordinance No. 2017-_ a part of the Code of the City of Aventura; that the sections of this Ordinance may be re- numbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 12. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Narotsky, who moved its adoption on first reading. This motion was seconded by Commissioner Shelley, 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 Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Howard Weinberg Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 17 of 18 City of Aventura Ordinance No. 2017-_ PASSED AND ADOPTED on first reading this 2nd day of May, 2017. PASSED AND ADOPTED on second reading this 14th day of June, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2017. Page 18 of 18 City of Aventura Aventura Charter High School Fund Budget =t:v Fiscal Year 2017/ 18 "' ' City of 1 • • Aventura Government Center �� it 19200 We,/Country Club tThvc �(4v of S"`-` Avennira. Florida 33180 Office of the City Manager May 2017 The Honorable Mayor and City Commission City of Aventura Aventura, Florida 33180 RE: 2017/18 Aventura Charter High School Fund Budget Members of the City Commission: In accordance with Article IV, Section 4.05 of the Charter of the City of Aventura, I hereby submit the proposed Budget for the Aventura Charter High School Fund for the fiscal year beginning July 2017, for your review and consideration. As discussed at the April meeting, this is a start-up budget that includes anticipated costs for the period of July 1, 2017 to June 30, 2018. This establishes a new fund designated as 191 which will be initially used to account for start-up expenditures specifically associated with the proposed Aventura Charter High School. In the future, the fund will account for both operating and capital revenues, expenditures and lease payments. The budget amount is $110,000, which is funded from an advance from the General Fund. The funds will be used to support the fees related to the Planning Agreement with Charter Schools USA and costs associated with the charter school application and contract process. Once the school is fully operational a payment schedule will be developed to repay the advance from the General Fund. Respectfully submitted, 177 Eric M. Soroka City Manager City of Aventura Page 2 Aventura Charter High School Fund Budget A CITY OF AVENTURA AVENTURA CHARTER HIGH SCHOOL FUND 191 BUDGET CATEGORY SUMMARY 2017/18 (July 1 - June 30) FUND DESCRIPTION This fund will be initially used to account for start-up expenditures specifically associated with the proposed Aventura Charter High School. In the future the fund will account for both operating and capital revenues, expenditures and lease payments. 2017/18 CITY MANAGER CATEGORY PROPOSAL REVENUE PROJECTIONS State Shared Revenues $ - Charges for Services - Interest Income - Disposition of Fixed Assets - Other Non-Revenues 110,000 Total Revenues $ 110,000 EXPENDITURES Operation of Plant 110,000 Total Expenditures $ 110,000 Revenues over(under) Expenditures $ - (:ity of Aventura Page 3 Aventura Charter High School Fund Budget CITY OF AVENTURA AVENTURA CHARTER HIGH SCHOOL FUND 191 REVENUE PROJECTIONS 2017/18 2017/18 SCHOOL CITY MANAGER ACCOUNT# FUNCTION DESCRIPTION PROPOSAL Other Non-Revenues Advance from General Fund 110,000 Subtotal 110,000 Total Revenues $ 110,000 City of Aventura Page 4 Aventura Charter High School Fund Budget CITY OF AVENTURA AVENTURA CHARTER HIGH SCHOOL FUND 191 2017/18 BUDGETARY ACCOUNT SUMMARY 191-6008-569 Operation of Plant 7900 2017/18 SCHOOL CITY MANAGER go ACCOUNT# FUNCTION DESCRIPTION PROPOSAL Operating Expenditures/Expenses 3148 312 Planning Services Fee CSUSA 95,000 5290 590 Other Matti & Supply 15,000 subtotal $110,000 Total Function 7900 $110,000 City of Aventura Page 5 Aventura Charter High School Fund Budget ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED AVENTURA CHARTER HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2017118 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2017/2018 start-up Budget for the Aventura Charter High School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Aventura Charter High School Fund may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, the City City of Aventura Page 6 Aventura Charter High School Fund Budget Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. Section 4. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 5. Amendments. Upon the passage and adoption of the Aventura Charter High School Fund, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 6. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall City of Aventura Page 7 Aventura Charter High School Fund Budget remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. City of Aventura Page B Aventura Charter High School Fund Budget ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED AVENTURA CHARTER HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2017/18 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2017/2018 start-up Budget for the Aventura Charter High School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Aventura Charter High School Fund may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. City of Aventura Ordinance No. 2017- Section 4. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 5. Amendments. Upon the passage and adoption of the Aventura Charter High School Fund, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 6. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Page 2 of 4 City of Aventura Ordinance No. 2017- Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its adoption on first reading. This motion was seconded by Commissioner Mezrahi, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Absent Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Howard Weinberg Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED on first reading this 2nd day of May, 2017. PASSED AND ADOPTED on second reading this 14th day of June, 2017. Page 3 of 4 City of Aventura Ordinance No. 2017-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4