10-11-2005
A '!'he City of
rì.ventura
,(i,
""""~
locRl Phnninl! Agency
Susan Gottlieb, Mayo,
City MmRger
Edc M. Sowka, ICMA-CM
Zev Au«bach
Bob D;amond
Hauy Holzberg
Billy Joel
Michael Stern
Luz Urbáez Weinberg
~
Te""", M. Soroka, MMC
Citv Attomev
Weiss Serota Helfman
Pastodza Cole & Boniske
LOCALPL~GAGENCY
AGENDA
OCTOBER 11, 2005 - 6 PM
Aventu," Government Cent"
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: July 26,2005
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
A.
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO INCLUDE A
DEFINITION OF "GROSS LEASABLE AREA"; AMENDING
SECTION 31-144(C) "COMMUNITY BUSINESS (B2) DISTRICT"
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND THE REGULATIONS REGARDING MINIMUM
LANDSCAPED OPEN SPACE FOR SHOPPING CENTERS
CONSISTING OF MORE THAN 1,000,000 SQUARE FEET DUE
TO THE UNIQUE CHARACTERISTICS OF THESE CENTERS;
AMENDING SECTION 31-171 "OFF-STREET PARKING AND
LOADING STANDARDS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE
REGULATIONS FOR PARKING REQUIREMENTS FOR
SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000
SQUARE FEET OF GROSS LEASABLE AREA DUE TO THE
UNIQUE AND SPECIAL DEMANDS OF THESE LARGER
CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
October II, 2OOS LP A MeotiDg
QUASI-.JUDICIAL PUBLIC HEARINGS - Please be advised that the following item
on the Commission's agenda is qttasi-jttdicial in nature. If you wish to object or comment
upon this item, 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 oftbe quasi-
judicial procedures may be obtained ITom the Clerk.
B.
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
AVENTURA BY AMENDING THE ZONING DESIGNATION FOR
A 0.51 ACRE PARCEL OF LAND LOCATED ON NE 34 AVENUE
AT NORTH COUNTRY CLUB DRIVE, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT A, FROM CF,
COMMUNITY FACILITIES DISTRICT TO RS2, RESIDENTIAL
SINGLE FAMILY DISTRICT; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF A VENTURA BY AMENDING
THE ZONING DESIGNATION FOR TWO PARCELS OF
SUBMERGED LAND TOGETHER MEASURING 5.39 ACRES
MORE OR LESS LOCATED SOUTH OF NE 207 STREET AND
EAST OF NE 34 AVENUE, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT B, FROM RMF4, MULTIFAMILY
HIGH DENSITY RESIDENTIAL DISTRICT TO CNS,
CONSERVATION DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
5. ADJOURNMENT.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305-466-8901, not later than two days priorto such proceeding. Anyone wishing to appeal any decision made by the City of Aventurn
Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for
such purpose. may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventurn
Government Center, 19200 West Country Club Drive. Aventurn, Florida, 33180. Anyone wishing to obtain a copy of any agenda item
should contact the City Clerk at 305-466-8901. One or more members of the City of Aventurn Advisory Boards may also be in
attendance.
2
A"!'he City of
..é\.ventura
-i)-
'.../
MINUTES
LOCAL PLANNING AGENCY
MEETING
JULY 26,200510 AM
Governrnent Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 10:00 a.m. by
Mayor Susan Gottlieb. Present were Commissioners Bob Diamond, Billy Joel, Harry
Holzberg, Michael Stern, Luz Urbáez Weinberg, Vice Mayor Auerbach, Mayor
Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. APPROVAL OF MINUTES: A motion to approve the minutes of the June 7, 2005
LPA Hearing was offered by Commissioner Joel, seconded by Commissioner
Diamond, and unanimously passed.
3. PUBLIC HEARING: DRAFT EVALUATION AND APPRAISAL REPORT: A motion
to transmit the draft Evaluation and Appraisal Report of the City's Comprehensive
Plan for preliminary review and comments; requesting that the Florida Department of
Community Affairs delegate review of the Evaluation and Appraisal Report of the
Comprehensive Plan to the South Florida Regional Planning Council (SFRPC)
pursuant to the provisions of the Local Government Comprehensive Planning and
Land Development Regulation Act was offered by Commissioner Holzberg and
seconded by Vice Mayor Auerbach. Planning Director Joanne Carr introduced the
City's consulting team, Jerry Bell and Alex David from Bell David Planning Group,
and Rafael Arrisosa of the Corradino Group, who reviewed the draft EAR and
addressed Commission's questions and concerns and provided recommendations.
The five major issues discussed were 1) Development and Redevelopment; 2)
Housing; 3) Emergency Management; 4) Transportation; and 5) Quality of Life.
Mayor Gottlieb opened the public hearing. The following individuals addressed the
issue: Jeffrey Bercow, Esq., and Mario Garcia-Serra, Esq. There being no further
speakers, the public hearing was closed. The motion passed unanimously by roll
call vote.
4. ADJOURNMENT. There being no further business to come before the Local
Planning Agency, the meeting adjourned at 11 a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the LPA on
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, I
City Manager
BY:
DATE:
September 20, 2005
SUBJECT:
Proposed Amendment to Section 31-21, "Definitions" of the City's Land
Development Regulations to include a definition of gross leasable area;
Proposed Amendment to Section 31-144(c), "Community Business (82)
District" of the City's Land Development Regulations to amend open space
requirements for large shopping centers; and Proposed Amendment to
Section 31-171, "Off Street Parking and Loading Standards" to amend the
generalized parking values for large shopping centers (02-LDR-05)
October 11, 2005 Local Planning Agency Agenda Item -E...:.Pr
151 Reading October 11, 2005 City Commission Meeting Agenda Item 8' ~ A-
2nd Reading November 1, 2005 City Commission Meeting Agenda Item -
RECOMMENDATION
It is recommended that the City Commission take the following actions:
1. Approve the request for amendment to Section 31-21, "Definitions" of the City's
Land Development Regulations to include a definition of "gross leasable area";
and,
2. Approve the request for amendment to Section 31-144, "Community Business (B2)
District" to require a minimum of 15% landscaped open space for shopping centers
with more than 1,000,000 square feet of gross leasable area; and,
3. Approve the request for amendment to Section 31-171, "Off Street Parking and
Loading Standards" to revise generalized parking values for large shopping
centers.
THE REQUEST
The applicant, Turnberry Associates is requesting three amendments to the City's Land
Development Regulations. The first amendment is to add a definition of "gross leasable
area" to the definitions in Section 31-21 of the Code, The second amendment is to amend
Section 31-144(c)(5)a. to require a minimum of 15% of the total lot area as landscaped
open space for shopping centers with more than 1,000,000 square feet of gross leasable
area. The third amendment is a change the generalized parking values contained in
Section 31-171(12) of the Code to permit a standard of 1 parking space for each 250
square feet of gross leasable area for shopping centers with more than 1,000,000 square
feet of gross leasable area. (See Exhibit #1 for Letter of Intent)
BACKGROUNDIDESCRIPTION OF AMENDMENTS
Staff has been in discussion with the applicant over the past several months regarding the
proposed mall expansion to accommodate a new anchor store. The applicant has J
identified two concerns with the existing code requirements as they relate to the proposed
expansion. Those concerns are the open space requirement and the parking standards.
I. Open Space Requirement
The applicant's first concern is the landscaped open space required in the B2 zoning
district. Based on the percentage of existing parking spaces located in parking structures,
Section 31-144(c)5a. of the Code requires a minimum of 36% landscaped open space on
the mall site. The applicant has provided plans showing that the current landscaped open
space in the mall property is 15% of the site. This was the open space requirement under
the County Code in effect when the Mall was constructed. The proposed expansion
triggers the City Code requirement of 36% landscaped open space.
When the City's zoning code was first enacted in July of 1999, there was no minimum
landscaped open space set out in the site development criteria of the B2 zoning district.
Landscaped open space was determined by setbacks, buffer areas, parking lot islands
and medians required by the landscaping section of our code, There has been one retail
plaza constructed under that Code requirement. The Aventura Town Plaza, a two story
plaza containing 68,000 square feet of retail and office spaces and a bank with drive
through, has 26% landscaped open space on its site based on those code criteria. Two
large shopping centers in the City, namely, the Promenade Shops with 315,000 square
feet of floor area and Aventura Commons with 267,000 square feet of floor area, both built
under the former County Code, have 13% and 15% landscaped open space respectively.
In October of 2001, the commercial zones in the City Code were changed to encourage
structured parking which would then provide opportunity for more green space. The
maximum height in the B2 zone was changed from 20 stories or 200 feet to 20 stories or
341 feet to accommodate parking levels underneath the building. As the building height
increases, a greater percentage of open space is required. For example, a building with 0
2
to 33% of parking in a structure, 33 to 35% open space is required. A building with 33 to
66% requires 36 to 37% open space and a building with 66 to 100% of parking in a
structure requires 39 to 40% open space. While this open space requirement is
appropriate for tall, thin office buildings, it does not work well for large, low rise shopping
centers.
As the City Commission is aware, one of the recommendations of the 2005 Evaluation
and Appraisal Report of the City's Comprehensive Plan is that existing intensities,
including building heights, be examined. If reduced building heights are being examined
in this zone and the same logic is used, that is, more open space is required as height
increases, less open space would result as height decreases.
For comparison purposes, staff has researched landscaped open space requirements for
other regional malls in the County. The following table shows the results of that research.
Village of Bal Harbour
(Bal Harbour Shops)
12% to 18% depending on
acrea e
No minimum open space
requirement, open space is
dictated b setbacks
No minimum open space
requirement, open space is
dictated b setbacks
In staffs opinion, for regional shopping centers, 15% landscaped open space would
suffice for aesthetic purposes since large open areas are not needed for public use in this
type of commercial environment. What is needed for public comfort in a regional mall are
public plazas with seating areas to meet others or rest, shaded areas, water features,
landscaped corridors for pedestrians in enclosed areas that can also function as
recreational walking areas outside of mall tenant operating hours and other public
amenities such as art displays.
The proposed amendment is to allow shopping centers with more than 1,000,000 square
feet of gross leasable area that provide public amenities including, but not limited to, public
plazas, fountains or other water features, seating areas and recreational walking areas
and that do not exceed 5 stories in height to provide 15% landscaped open space. This
15% landscaped open space is to be extensively landscaped with grass, trees and
shrubbery in accordance with a landscaped plan to be approved by the City. Non-leasable
enclosed or non-enclosed areas which are landscaped, have water features or have
permanent art displays may be counted as part of the required landscaped open space
provided these areas do not exceed 10% of the required open space.
3
II. Parking Standards
The applicant's second concern is the parking required for large shopping centers.
Section 31-171 of the City Code sets out the parking required for individual uses, but also
provides that shopping centers with more than 40,000 square feet of gross floor area may
use generalized parking values. Centers with 40,000 to less than 200,000 square feet of
gross leasable area may provide one parking space for each 225 square feet of gross
floor area. Centers with 200,000 or more square feet or more of gross leasable area may
provide one parking space for each 200 square feet of gross floor area.
The Code further provides that any expansion of existing floor area requires an additional
number of parking spaces based on the area of the expansion. As currently enacted, at
one space for each 200 square feet for an expansion with 254,000 square feet of gross
floor area, the Code requires 1,270 new parking spaces. The applicant has requested
that the Code be revised to require one space for each 250 square feet for 216,300
square feet of gross leasable area, or 865 spaces for the proposed expansion.
Staff has researched parking requirements for other regional malls in the County. The
following table shows the results of that research.
Jurisdiction Parking Standard for Required Number of
Large Shopping Centers Parking Spaces for
proposed mall
expansion
City of Aventura 1 space per 200 square feet
of gross floor area for 1,270 spaces
centers with 200,000 square (based on 254,000 square feet
feet or more of gross of gross floor area of
leasable area expansion area)
Miami-Dade County 1 space per 350 square feet
(Dadeland Mall, the of gross floor area plus 725 spaces
Falls, Dolphin Mall) theatres at 1 space per 100 (based on 254,000 square feet
square feet and restaurants of gross floor area, no theatre
at 1 space per 50 square or restaurant in expansion
feet of patron area area)
City of Hialeah 1 space per 200 square feet
(Westland Mall) of gross floor area for the 889 spaces
floor with the greatest floor (based on 254,000/2/200 and
area and 1 space per 500 254,000/21500)
square feet of remaining
floor area
Village of Bal Harbour 4 spaces per 1,000 square
(Bal Harbour Shops) feet of leasable floor area or 865 spaces
90% of gross floor area, (based on 216,300 square feet
whichever is greatest of expansion area)
4
The applicant's basis for its request to reduce the number of parking spaces is that
increased square footage in a center increases the opportunity for shared parking, that is,
one vehicle occupying one parking space may make stops at several different stores, at
restaurants or at the theatre and thus reduce the number of vehicles to the site and
therefore decrease the number of parking spaces needed. The applicant is further
requesting that the number of spaces be based on the gross leasable square footage
rather than the gross floor area, since regional malls have corridors, walkways, service
and mechanical rooms that do not generate a parking need. Staff agrees with this
reasoning.
The proposed amendments are to include a definition of gross leasable area in Section
31-21 of the Code and to amend the generalized parking values in Section 31-171(12) of
the Code to provide that shopping centers with more than 40,000 and less than 1,000,000
square feet of gross leasable area can opt to provide one parking space for each 225
square feet of gross leasable area and shopping centers with 1,000,000 or more square
feet of gross leasable area can opt to provide one parking space for each 250 square feet
of gross leasable area.
PROPOSED AMENDMENTS
The amendments proposed to the City's Land Development Regulations are as follows ':
Section 31-21. Definitions.
Gross Leasable Area shall mean the total floor area within a retail or office propertv that is
available for lease to tenants, upon which tenants pav rent and that is desianed for the
tenant's occupancv and exclusive use. Gross leasable area does not include public or
common areas, such as corridors, sidewalks, stairwells, elevators, mechanical and service
areas.
*
*
*
Section 31-144 (c) Community Business (B2) District
(c) Community Business (B2) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
. .
(5)
Site development standards.
1 Underlined provisions constitute proposed additions to existing City Code text; strickeR throlJ¡¡h provisions
indicate proposed deletions from existing City Code text.
5
a. F/oor area ratio and Jot coverage and minimum landscaped open space
requirements: For purposes of this paragraph a., structure parking shall not count as part
of the floor area, but may be counted towards calculation of the floor area ratio.
1. For all buildings: Any structure parking serving the primary use on the site shall be
incorporated into the building envelope and shall be compatibly designed. Such parking
structure shall comply with all minimum setback and buffer yard requirements.
2. For those buildings not excepted in Section 31-144(c)(5)a.5 with zero--33 percent of
the required parking located within a parking structure: The floor area ratio shall be 0.40 at
one story and shall be increased by 0,11 for each additional story, The total lot coverage
permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The
total minimum landscaped open space required shall be 33 percent of the total lot area.
However, if structure parking level(s) is/are counted towards calculation of the floor area
ratio then the total lot coverage permitted for all buildings on the site shall not exceed 38
percent of the total lot area. Additionally, the total minimum landscaped open space
required shall be 35 percent of the total lot area.
3. For those buildings not excepted in Section 31-144(c)(5)a.5 with 33 percent--66
percent of the required parking located within a parking structure: The floor area ratio shall
be 0040 at one story and shall be increased by 0.11 for each additional story. The total lot
coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot
area. The total minimum landscaped open space required shall be 36 percent of the total
lot area. However, if structure parking level(s) is/are counted towards calculation of the
floor area ratio then the total lot coverage permitted for all buildings on the site shall not
exceed 35 percent of the total lot area. Additionally, the total minimum landscaped open
space required shall be 37 percent of the total lot area.
4. For those buildings not excepted in Section 31-144(c)(5)a.5 with 66 percent--100
percent of the required parking located within a parking structure: The floor area ratio shall
be 0040 at one story and shall be increased by 0,11 for each additional story. The total lot
coverage permitted for all buildings on the site shall not exceed 45 percent of the total lot
area. The total minimum landscaped open space required shall be 39 percent of the total
lot area, However, if structure parking level(s) is/are counted towards calculation of the
floor area ratio then the total lot coverage permitted for all buildings on the site shall not
exceed 35 percent of the total lot area, Additionally, the total minimum landscaped open
space required shall be 40 percent of the total lot area.
5. For shoppinq center buildinqs with over 1,000,000 square feet of qross leasable area
that provide public amenities includinq, but not limited to, public plazas, fountains or other
water features, seatinq areas and recreational walkinq areas and that do not exceed 5
stories in heiqhl. the minimum landscaped open space shall be fifteen (15%) percent of
the total lot area. Said open space shall be extensively landscaped with qraSS, trees and
shrubberv in accordance with a landscape plan to be approved bv the City Manaqer. The
non-leasable areas within enclosed or non-enclosed malls which are landscaped with
qrass, trees and/or shrubberv, water areas therein, and areas therein with permanent art
display areas may be used as part of the required landscaped open space provided such
areas do not exceed ten (10) percent of the required landscaped open space.
6
Section 31-171. Off-Street Parking and Loading Standards.
*
*
(b) Amount of off-street parking, The minimum number of parking spaces to be provided
and maintained for each use or occupancy shall be as follows:
* *
(12)
Non-residential: Large Shopping Centers and/or Mixed-Use Developments.
a. Shopping centers over 40,000 square feet in gross floor area may use the following
generalized parking values:
1. One parking space for each 225 square feet of gross flee¡: leasable area in shopping
centers with loss than 200,000 more than 40,000 and less than 1,000,000 square feet of
gross leasable area.
2. One parking space for each ~ 250 square feet of gross flee¡: leasable area in
shopping centers with ~ 1,000,000 square feet or more of gross leasable area.
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendments are legally required.
The proposed amendments are legally required to implement the requested
amendments. The amendments are requested by the applicant to include a definition
of "gross leasable area" in the City Code and to change the current code requirements
for landscaped open space and parking standards for shopping centers with more than
1 ,000,000 square feet of gross leasable area.
2. The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. Specifically, Objective 9 of the Future Land Use Element
provides that "...the City shall continue to maintain, update and enhance the municipal
code, administrative regulations and procedures to ensure that future land use is
consistent with the Plan and to promote better planned development and community
with well designed buildings." The goal of the Economic Development Element is to
promote and improve the economic vitality of the City. The proposed amendments
update the City Code to promote a better planned development and community and
improve the economic vitality of the City.
7
3. The proposed amendments are consistent with the authority and purpose of the LOR.
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. They will set out appropriate minimum standards for development and
redevelopment of large shopping centers.
4. The proposed amendments further the orderly development of the City.
The proposed amendments further the orderly development of the City.
5. The proposed amendments improve the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that they provide standards for development of large shopping
centers.
8
DIRECT LINE: 30S-377-6220
E-MAil: jbercow@brzoninglaw.corn
VIA FACSIMLE AND E-MAIL
September 23, 2005
Mr. Eric Soroka
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Exhibit #1
02-LDR-O5
Re:
Letter of Intent; Land Development Code Amendment re: Landscaped
Open Space and Parking Requirements
Dear Mr. Soroka:
This law firm represents Turnberry Associates, Inc. (the" Applicant"),
with regard to an application to amend the City of Aventura Land Development
Code for parking and landscaped open space requirements for large scale
shopping centers.
Introduction. The City's landscaped open space and parking
requirements are unduly restrictive for an existing regional mall, as compared to
other jurisdictions throughout Miami-Dade County, These restrictions would
put Aventura Mall, a super regional mall, at a competitive disadvantage with
respect to other area regional malls. The City's LDR's need to allow reasonable
and feasible improvements to the mall so that it can attract Nordstrom and other
high profile businesses into the City.
Landscaped Open Space Requirements. The current landscaped open
space requirement was introduced by a 2001 City ordinance imposing new
standards for structured parking. The purpose of these standards was to
encourage increased height and landscaped open space throughout the City.
Although this may have made sense for office developments, it is inappropriate
for lower scale retail development, especially regional malls such as the
Mr. Eric Soroka
September 21, 2005
Page 2
Aventura Mall. It is also important to note that prior to the 2001 ordinance, there
were no landscaped open space requirements for the business district.
Additionally, we have reviewed the landscaped open space requirements
for other jurisdictions throughout the County, and this analysis, attached as
Exhibit A, clearly shows how Aventura is out of line with the standard
requirements. While the landscaped open space requirements are typically
between 10 - 18% of total square footage, the City of Aventura's requirement is
for 36% as applied to the mall. This puts Aventura's requirements at more than
double what they would be in other municipalities.
Parking Requirements. The parking requirements of the City are also
too restrictive as applied to Aventura Mall. A similar analysis of the
requirements of other municipalities with regional malls shows that the City's
requirements are unduly burdensome. The City requires 1 parking space for
each 200 square feet of gross floor area. By contrast, Miami-Dade County's
requirements which apply to Dadeland Mall, the Falls and Dolphin Mall,
provide for 1 space for each 350 square feet of gross floor area (with the
exception of theaters and restaurants) and the Bal Harbour Village Code, which
applies to Bal Harbour Shops, requires 4 spaces for every 1,000 square feet of
gross leasable floor area (or 1 space for every 250 square feet). Hence, the City
currently requires more parking than Bal Harbour and Miami-Dade County.
Additionally, Aventura's LDR's require 1 parking space for each 225
square feet of gross floor area in shopping centers with less than 200,000 square
feet of gross leasable area; yet require 1 parking space for each 200 square feet of
gross floor area in shopping centers with 200,000 square feet or more of gross
leasable area. In other words, the LDR's require proportionately more parking
for larger centers than small centers. This is unusual because typically codes
require less parking per square foot as the size of the center increases, based on
the theory that there is more opportunity for shared parking as size increases.
Proposed Amendments. The proposed ordinance attempts resolve these
concerns in the following manner:
. Providing a definition for" gross leasable area" in Section 31-21, defined as
"the total area within a retail or office property that is available for tenants
and upon which tenants actually pay rent;"
. Amending Section 31-171 so that shopping centers with over 1,000,000
square feet of gross leasable area will be required to provide 1 parking
Mr. Eric Soroka
September 21, 2005
Page 3
space for each 250 square feet of gross leasable area. Currently, these
shopping centers are in the same category as all shopping centers over
200,000 square feet of gross floor area and require 1 parking space for each
200 square feet; and
.
Amending Section 31-144, so that shopping centers with more than
1,000,000 square feet of gross leasable area, must follow a separate set of
landscaped open space requirements which consider several factors,
including total lot area, number of stories, and the amount of landscaped
areas inside the shopping centers.
For all the foregoing reasons, the applicant respectfully requests your
favorable review and recommendation of this application. Should you have any
questions, comments, or require additional information, please do not hesitate to
phone my direct line at (305) 377-6220.
Sincerely yours,
Jeffrey Bercow
cc:
Mr. Ken Bernstein
Mr. George Berlin
Jodi Siegel, Esq.
Ms. Joanne Carr
Ms. Teresa Soroka
David Wolpin, Esq.
Michael J. Marrero, Esq.
ORDINANCE NO. 2005--
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION OF
"GROSS LEASABLE AREA"; AMENDING SECTION 31-144(C)
"COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS
REGARDING MINIMUM LANDSCAPED OPEN SPACE FOR SHOPPING
CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET
DUE TO THE UNIQUE CHARACTERISTICS OF THESE CENTERS;
AMENDING SECTION 31-171 "OFF-STREET PARKING AND LOADING
STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO AMEND THE REGULATIONS FOR PARKING REQUIREMENTS
FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000
SQUARE FEET OF GROSS LEASABLE AREA DUE TO THE UNIQUE
AND SPECIAL DEMANDS OF THESE LARGER CENTERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Turnberry Associates, through and by Application No.
02-LDR-O5 has requested certain amendments to the City's Land Development
Regulations for shopping centers of over 1,000,000 square feet due to their unique and
special demands apart from other smaller scale shopping centers, particularly with
regard to parking and landscaped open space requirements; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174 of the Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendments
pursuant to the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. That the above stated recitals are hereby
adopted and confirmed.
Ordinance No. 2005- -
Page 2
Section 2. Code Amended. That Section 31-21 "Definitions" of Article II
"Definitions and Rules of Construction", Section 31-144 "Business Zoning Districts" of
Article VII "Use Regulations" and Section 31-171 "Off-Street Parking and Loading
Standards" of Article VIII "Off-Street Parking, Loading and Driveway Standards" of
Chapter 31, "Land Development Regulations" of the City Code are hereby amended to
read, as follows1:
Section 31-21. Definitions.
Gross Leasable Area shall mean the total floor area within a retail or office propertv that
is available for lease to tenants, upon which tenants pav rent and that is desiqned for
the tenant's occupancv and exclusive use. Gross leasable area does not include public
or common areas, such as corridors, sidewalks, stairwells. elevators. mechanical and
service areas.
*
*
Section 31-144 Business Zoning Districts
* * *
(c) Community Business (B2) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
. .
(5)
Site development standards.
a. Floor area ratio and lot coverage and minimum landscaped open space
requirements: For purposes of this paragraph a., structure parking shall not count as
part of the floor area, but may be counted towards calculation of the floor area ratio.
1. For all buildings: Any structure parking serving the primary use on the site shall be
incorporated into the building envelope and shall be compatibly designed. Such parking
structure shall comply with all minimum setback and buffer yard requirements.
2. For those buildings not excepted in Section 31-144(c)(5)a.5 with zero--33 percent
of the required parking located within a parking structure: The floor area ratio shall be
0.40 at one story and shall be increased by 0.11 for each additional story. The total lot
coverage permitted for all buildings on the site shall not exceed 40 percent of the total
lot area. The total minimum landscaped open space required shall be 33 percent of the
total lot area. However, if structure parking level(s) islare counted towards calculation of
the floor area ratio then the total lot coverage permitted for all buildings on the site shall
not exceed 38 percent of the total lot area. Additionally, the total minimum landscaped
1 Underlined provisions constitute proposed additions to existing City Code text; striGksR tRra~!ih
provisions indicate proposed deletions from existing City Code text.
Ordinance No. 2005- -
Page 3
open space required shall be 35 percent of the total lot area.
3. For those buildings not excepted in Section 31-144(c)(5)a.5 with 33 percent--66
percent of the required parking located within a parking structure: The floor area ratio
shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The
total lot coverage permitted for all buildings on the site shall not exceed 40 percent of
the total lot area, The total minimum landscaped open space required shall be 36
percent of the total lot area. However, if structure parking level(s) is/are counted
towards calculation of the floor area ratio then the total lot coverage permitted for all
buildings on the site shall not exceed 35 percent of the total lot area. Additionally, the
total minimum landscaped open space required shall be 37 percent of the total lot area.
4. For those buildings not excepted in Section 31-144(c)(5)a.5 with 66 percent--100
percent of the required parking located within a parking structure: The floor area ratio
shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The
total lot coverage permitted for all buildings on the site shall not exceed 45 percent of
the total lot area. The total minimum landscaped open space required shall be 39
percent of the total lot area. However, if structure parking level(s) is/are counted
towards calculation of the floor area ratio then the total lot coverage permitted for all
buildings on the site shall not exceed 35 percent of the total lot area, Additionally, the
total minimum landscaped open space required shall be 40 percent of the total lot area.
5. For shoppinq center buildinqs with over 1,000,000 square feet of qross leasable
area that provide public amenities includinq. but not limited to, public plazas, fountains
or other water features, seatinq areas and recreational walkinq areas and that do not
exceed 5 stories in heiqht, the minimum landscaped open space shall be fifteen (15%)
percent of the total lot area. Said open space shall be extensively landscaped with
qrass, trees and shrubbery in accordance with a landscape plan to be approved bv the
City Manaqer. The non-leasable areas within enclosed or non-enclosed malls which are
landscaped with qrass, trees and/or shrubbery. water areas therein, and areas therein
with permanent art display areas may be used as part of the required landscaped open
space provided such areas do not exceed ten (10) percent of the required landscaped
open space.
Section 31-171. Off-Street Parking and Loading Standards.
* * *
(b) Amount of off-street parking. The minimum number of parking spaces to be
provided and maintained for each use or occupancy shall be as follows:
. * .
(12)
Non-residentia/: Large Shopping Centers and/or Mixed-Use Developments.
a. Shopping centers over 40,000 square feet in gross floor area may use the
following generalized parking values:
Ordinance No. 2005- -
Page 4
1. One parking space for each 225 square feet of gross fIeG¡: leasable area in
shopping centers with loss tl:1aA 209,909 more than 40,000 and less than 1,000,000
square feet of gross leasable area.
2. One parking space for each ~ 250 square feet of gross fIeG¡: leasable area in
shopping centers with ~ 1,000,000 square feet or more of gross leasable area.
Section 3. Severabilitv. 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 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. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance
may be renumbered or re-Iettered to accomplish such intentions, and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This ordinance shall be effective immediately upon
adoption on second reading.
Ordinance No. 2005- -
Page 5
The foregoing Ordinance was offered by
, who moved its
adoption at first reading. This motion was seconded by
and upon
being put to a vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Mayor Susan Gottlieb
The foregoing Ordinance was offered by
, who moved its
adoption at second reading. This motion was seconded by
and
upon being put to a vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Mayor Susan Gottlieb
PASSED on first reading this 11th day of October, 2005.
Ordinance No. 2005-
Page 6 -
PASSED AND ADOPTED on second reading this 1st day of November, 2005.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
f~
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this - day of
,2005.
"
APPLICANT REPRESENTATIVE AFFIDAVIT
Pllluan\ 10 Section 31.71(b)(2)(i of... CIIy of AvenWnI L8J1d Dewlap""" Code, IhI8 Applic8l11 RepllSlldaUw AIIidIVII8 herebylllllde Ind
suÞmitted. Tho III1der1!gned IlUthori28d I1IJ'I1S8IItaIlVe of the k1dMcIuoI or Inlity appljlng for lie eevelopmel1t Pemil, whld1l8 identified In \he occomplllYIng
appI/coUDII, II1d Ihe owner of the pmper1y 1ub ecl1D!he eppflC8lion Cd dlfer8nI hemby 1~1s IIId Iderlifeo .0 Pft.0I'06 re¡xesenlitg Ihelndlvidual or II11/Ir
applying for the Development Permit In connedion wllh Iho """,~n, as follows:
Jeff Bercow
Relationship (1.1, AIromItA An:I1iIscto, I.enClcspe
~ Eingln/KlfS, Lobb~ EIcJ
Attorney
Name
Michael Marrero
Attorney
(AtWd1 Addì6onal Sheets " Necessmy)
NOTICE: Atrt STATEM&NT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPUCANT REPRESENTATIVE AFFIDAVIT
SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF
THE BUIIJECT PROPERlY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY BUPPLl!MENT THIS AFFIDAVIT
PURSUANT TO SEC. 31.711B (2 (IV OF THE CllY'S LAND DEVELOPMENT REGULATIONBIIt THE CITY COOE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION
PROVIDED IN THE AFFIDAVIT IIECOMES INCORRECT OR INCOMPLETE.
WlTNESSMYHANDTHISß.,OAYOf ~ 200~
AUTHORIZED REPRESENTATIVE OF APPLICANT; ~WN~
t:i / (SignatrJIe)
. (~nald Soffer
TI e:
By.
(Signs1we)
Name:
(PrlntJ
TItle:
Address:
Address: 19501 Biscavne Blvd.
Suit:e 400
Avent:ura, FL
33180
STATEOFFLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally øppeared P
Applicant ~QW er of !he property subject to the apprlCation, wIta being first by
exectJ1ed thIi AffldãvtfErlhe pul1XJses staœd therein and that R Is true 8I1d coll'8d.
SWORN TO AND SUBSCRIBED BEFORE ME thl~ay o~A 20 , T
CEBORo\H LAZAn
1.tYCOMMISSIONf 1)0"
EXPIRES: J8nua1y::'
_1hN_A>'
as Ihe 8UII1orized representatIw oIlhe
y sworn, did _ar or IIII'rm Ihat he/she
. ~-
~@
BUSINESS RELATIONSHIP AJ:F/DAV/T*
Tlis -'- is modo pcnuIIII " - 31-11(b)(2)(i) d lie Citr d Avenbn lIInd DeveIapment Code. Tho IIIdonigned AIIiIIII hereby disdc-. that:
(mort< with ..". eppIicBbIe portions only)
bf,. Aflisrt does !!!!! hove e Business Reialions¯lip with ""1 member 01 the Citr Commission Of ""1 City AdviSOl)' _10 whiçh
theøppIic:alionMtbe~.
[ J2.
Aflisrt -y cisctoses Ihet ~ does hove e Business Relationship with e member 01 the Citr Cormissioo Of e Citr Advisory
- to which the eppicetion .wI be presented, os fallows:
(Ust nome d Commissioner Of AdvisoIy - Member) who SOlVes 00 the
(Us! City Ccmnission Of Citr AdviSOl)' - ~ _h member ......).
Tho nøbn 01 the Business Reialions¯lip i. os fallows:
(Ii.
Member 01 Citr Commission Of - holds en -lip - in excess 011% 01 total - Of çepiteI-
01 Appic:ent Of Representative:
Member d Citr Comnissian Of - is e pII1ner, ~ (os to shins 01. Ç( poI1IIion whic:h lie not
htad 00 ""1 - Of l8 ionaI - ext:IøIge) Of pol --- with the AppIic:IIt Of ~e in ""1
business venIIn:
(Ii.
(Iii.
Tho Applc:l81l Of Representative is e Cient 01 . member 01 the City Cormiesion Of - Of . Ciont 01 onother
proIessionaIlIIOItdng from the sarno - Of lor the sarno ....,toyer IS the member 01 the City Cammission Of
-:
A Citr Commissioner Of - member is . Clisrt 01 the Applicant Of ~e:
The Appic:ent Of Represenlalive i. . Cusmw of the member 01 the Citr Comnissian Of - (Of of his Of her
employer) and - lIIOI'8 than $10,000.00 01 the business of the member 01 the Citr Ccmnission Of Boerd (Of
lis Of her employer) in . ¡;Van ealenda' yeer;
[J vi. The member 01 the Citr Commission Of - is . CustDmer 01 the Appic:ant Of Repmenlalive and -
lIIOI'8 than $25,000.00 of the business 01 the Appiçant Of ~e in . ¡;Ven ealenda' yeer.
WITNESS MY HAND ~ 200_.
;jf!.~"At~ =-
Title: (PríJI)
(liv.
(Iv.
200_.
(~)
IPmI)
'Th. tenns '&J:¡iness Ralationshlp, "Client,' "Customer; , 'Applicant,' 'Rapl8SelJlative' and 'nteÆSted Person' 8Ie da6ned in
SacIion 2-395 of the Avanlula Cily Coda.
NOTARIZATION PROVISIO"!
STATEOFFLORICA
COUNTY OF MIAM-CADE ~
Þelareme, lie trl<leI1I n.d 1IIAhcItV, pI""",,1y .¡¡p, 'tJ/
- I1IsAftldovilrartho purpooeo -- l1on1n..d 11at!1s Þue IItd correct.
SWORN TO AND SUBSCRI8
---
STATEOFFLmiDA
COUNTY OF _DADE)
Bolen me,'" UI1CIoI1I8nod ..111d¥, -Illy IJ 1 IInI
UICUIod 1110 AllldlvK rar!hl! PII1"'" -1tInIn 811111181 ft IS 1M ønd -
IIoAillonl,"""lIIIIgtntby","~"""m,IId_..llllnnl1lth-
AFFlAtlT
SWORN TO AND SUIISCRIBED - "'" IN. - day at
2DO~
NaIItIy Public Stale 01 AlltclaN l.1l1I.
Pltnled N8nI 01 Nobly
My cormIIalOII eoøm:-
STAlIOFFlORICA )
OOUNTY OF MlAr.l-DADE)
- n,'" undnignod ..f¡cd!', -Illy 1I 1p-
1-....11110 - rar It. - .- _1M Iho! ft Is Þue and -
IIoAlftlftl.wIIa b8tg IIIIiIbymo$JIy....", old _r..otIIrm8Ultha'9ho
AffIOO
- TO AND SUBSCRIBED boIlII "'" INs - day of -' ZIlO~
NØWyP~lcSllllatF1DrtdaAlLoJ1 .
MllldNamoatNtJI8y
My-oxpInoo-
STATEOFR.ORItIA J
COUNTY OF MIAM-DADE)
- ... lie ..,derIIgnod 1III1aII ', pIISOI1IIIy appond
_1tI._rarllopu_-_nllldl1atftlsbuolltdCOlllCt
I1eAIIi81L whO boIng ftlllby m. d~ -, did .......oI&nn IIuI heIsh.
AFFlANr
SWORN TO AND SUBSCRIBED - "'" INs - day 01
200~
Notary Pubic - at FIoIIda N l.1l1I.
PñnIedNlIt18ofNol8y
My _on ..,,1'0"-
.
BUSINESS RELATIONSHIP AFFIDAVIT*
Th~ Affidavo is made pursuant to Section 31-71(b)(2)(ii) of Ihe City of Aventura Land Development Code. The undersigned Affiant hereby disdoses that
(mark with 'x' applicable portions only)
)(1'1.
Affiant does !W have a Business Relationship with any member of the City Commission or any City Advlsory Board 10 whK:h
the appiication will be presented.
Affiant hereby disdoses that it does have a Business Relationship woh a member of the City Comm~sion or a City Advisory
Board to which the application will be presented, as follows:
[ ]2.
(L~t name of Comm~sioner or Ad~sory Board Member) who selVes on the
(L~I City Comm~sion or City Advisory Board upon which member selVes).
The nature of the Business Relationship is as follows:
[]i.
Member of City Commission or Board holds an ownership interesl in excess of 1 % of total assets or capital stock
of Applicant or Representative;
(]ii.
Member of City Commission or Board is a partner, oo-shareholder (as to shares of a corporation which are not
I~ted on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[liiL
The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
II iv.
IIv.
A City Commissioner or Board member is a Client of the Applicant or Representative:
The Applicant or Representative is a Customer of Ihe member of the City Comm~sion or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her empioyer) in a given calendar yea~
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.
WITNESSMYHANDTHiS~DAYOF Oc.+o~r 2ooJ'
:~ ~ (Signature)
~~:: :)~~rr,,~~rco,~ (~":!t)
WITNESS MY HAND THIS - DAY OF
PROPERTY OWNER:
[]vi.
200_.
By:
Name:
Title:
(Signature)
(Print)
IPrint)
'The terms 'Business Relationship, . 'Client, "Customer,' 'Applicant,' 'Represenlative' and 'Interested Person' are defined in
Section 2-395 of/heAven/un¡ City Code.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE) ~
Before me, the undersigned authority, personaDy appeared ~ ~YØ!fme Y swom, did swear or affinn that he/she
executed this Affidavit for the purposes stated th"'~n and that. is true and
IA
SWORN ".. '\...1.."" " I! '"' ,
œ BETTY LLERENA ~ .
MY COMMISSION # DD 095907 No Publ" Flonda At Larye
, EXPIRES, Febru°'Y 27, 2006
1.æ>a-NOTARY FlNo<..,-&Bonding.I"" PnntedNameofNotary
My commi~on explres:-
STATE OF FLORIDA)
COUNTY OF MIAM>DADE)
Before me, the undersigned authority, personaJ~ appeared
executed this Aflidavitfor the purposes stated therein and !hat. is true and correct.
IheAflianL who being fimby me dU~ swom, did swear or affinn that he/she
AFFIANT
SWORN TO AND SUBSCRJBED before me this - day of
200_.
Nola)' Pool" State of Flonda '" Large
Plinted Name of Notary
My commission explres:-
STATE OF FLORIDA)
COUNTY OF MIAMI.DADE)
Before me, the undersigned authority, pe¡sonal~ appeared
executed this Aflidavit for the purposes stated th"'~n and that. is true and correct.
the AflianL who being first by me dulyswom, did swear or affinn that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this - day of ~ 200_.
Notary Public Slate of Florida At Larye
Printed Name of Notary
My commission explres:-
STATE OF FLORIDA)
COUNTY OF MIAM>DADE)
Before me, the II1ders~ned authority, personally appeared
executed this Affidavit for the purposes stated th"'~n and !hat. is true and correet.
IheAflianL who being first by me du~swom, d~ swear or affinn that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this - day of _,200_.
Notary Publk: State of Florida At Larye
Plinted Name of Notary
My comml~on expires:-
.
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidav~ ~ made purnuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undernigned Affiant hereby discloses Ihat
(mark wm. 'x' applicable portions only)
~.
Affiant does !!Q! have a Business Relationship wllh any member of Ihe City Commission or any City Advisory Board to which
the application will be presented.
( 12
Affiant hereby discloses Ihat ~ does have a Business Relationship w~h a member of Ihe City Comm~sion or a City Advisory
Board to which Ihe application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on Ihe
(List City Commission or City Adv~ory Board upon which member serves).
The nature of Ihe Business Relationship ~ as follows:
[II.
Member of City Commission or Board holds an ownernhip interest in excess of 1 % 01 total assets or capital stock
of Applicant or Representative;
Member of City Commission or Board ~ a partner, co-shareholder (as to shares of a corporation which are not
I~ted on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
(]ii.
[Iiil.
The Applicant or Representative ~ a Client of a member of Ihe City Comm~sion or Board or a Client of anolher
professional working from Ihe same office or for Ihe same employer as the member of the City Commission or
Board;
[I iv.
A City Commissioner or Board member is a Clienl of Ihe Applicant or Representative;
(]v
The Applicant or Representative ~ a Customer of the member of the City Comm~sion or Board (or of h~ or her
employer) and fransacts roore Ihan $10,000.00 of the business of the member 01 the City Commission or Board (or
his or her employer) in a given calendar yea"
[I vI. The member of the City Commission or Board is a Customer of Ihe Applicant or Representative and transacts
more Ihan $25,000.00 of Iha business of the Applicant or Representative in a given calandar year.
WITNESSMYHANDTHIS~DAYOF Oc..+,,6...r ,200§'"
APP~
~;".: . 1-;.
TItle: 1>-"""" """'1
R ~Signature)
( ,~~..r" Print)
(Print)
WITNESS MY HAND THIS - DAY OF
PROPERTY OWNER:
200_.
(Signature)
(Print)
(Print)
By:
Name:
Title:
'The tenns 'Business Relationship,' 'Client,' 'Custome~" 'Applicant, . 'Representative" and 'Interested Person" are defined in
Section 2-395 of the Aventum City Code.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAM"DADE)
Before me,!he unders~ned authoriIy, personanyappeared IA. i c.Vlati
executed this Affidavitfor !he purposes slated ther~nand that it Is true and correct.
SWO TœUBSCRI~~~ day 0
MY COMMISSION # 00 005907
EXPIRES, Feb<ua'Y 27, 2006
,.",x,<>NOTAAV FLNo<er¡"""'œ&"""""".loe.
Ko.r((('!heAffiant, who being first by me du~swom, d~ swear or affirm that he/she
~---
20(6
No
STATEOFFLORIQA )
COUNTY OF MIAM"DADE)
Before me, the undersigned autho1i~, personal~ appeared
executed this Affidavit for the purposesstaledther~n and that~lstrue and correct.
!he Affian( who being first by me duly swoITI, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me thls_dayof _,200_.
Nolðy Public State of Florida At Large
STATE OF FLORIDA)
COUNTY OF MIAMeDADE)
Printed Name of Notary
My commlssioo expires:-
Before me, the undersigned autholity, personally appeared
executed this Affidavit for !he purposesstaledther~n and that~lstrue and correct
!he Affian(who being first by me dulys_, did swear or affirm that he/she
SWORN TO AND SUBSCRIBED before me this - day of -, 200_.
AFFL'.NT
Notary Pu~ic State of Florida N. Large
STATE OF FLORIDA)
COUNTY OF MIAMI.OADE)
Printed Name of Nolaly
My commlssioo ex~res:-
Before me, the und<!rsigned autholity, personal~ appeared
executed thIsAff~avitfor!he purposes stated therein and that~ Is true and correct.
!he Affiant, who being first by me du~swom, did swear or affirm that he/she
SWORN TO AND SUBSCRIBED before me this - day of
AFFL'.NT
200_.
Nolary Public Slate of Florida At Large
Plillied Name of Nota'Y
My commissioo explres:-
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
September 20, 2005
Applications for Amendments to the Official Zoning Map of the City of
Aventura by (1) amending the zoning designation for a .51 acre parcel on
NE 34 Avenue and North Country Club Drive from CF, Community Facility
District to RS2, Residential Single Family District (01-REZ-05) and (2)
amending the zoning designation for two submerged parcels lying south
of NE 207 Street and east of NE 34 Avenue measuring 5.39 acres more
or less from RMF4, Multifamily High Density Residential District to CNS,
Conservation District (02-REZ-05)
October 11,2005 Local Planning Agency Agenda Item.i=..J
October 11, 2005 City Commission Meeting Agenda Item ~
November 1, 2005 City Commission Meeting Agenda Item-
RECOMMENDATION
It is recommended that the City Commission take the following actions:
1. Approve the application for amendment to the Official Zoning Map of the City of
Aventura by amending the zoning designation for a .51 acre parcel of land at
northeast corner of North Country Club Drive and NE 34 Avenue from CF,
Community Facilities District, to RS2, Residential Single Family District, and;
2. Approve the application for amendment to the Official Zoning Map for the City of
Aventura by amending the zoning designation for two submerged parcels of land
lying south of NE 207 Street and east of NE 34 Avenue measuring 5.39 acres
more or less from RMF4, Multifamily High Density Residential District to CNS,
Conservation District, to be effective upon the owner obtaining all governmental
approvals necessary to construct five boat slips and associated docks to be
used as accessory uses to the five single family homes proposed on the 0.51
parcel owned by Aventura-Ensenada Inc,
THE REQUEST
As part of a settlement agreement with the owners, the City is acting as applicant on
behalf of the owners, Aventura-Ensenada Inc. and Aventura Land and Development
Corporation to request two amendments to the Official Zoning Map of the City of
Aventura.
The first amendment is a change to the zoning designation for a .51 acre parcel of land
at the northeast corner of NE 34 Avenue and North Country Club Drive from CF,
Community Facilities District to RS2, Single Family Residential District. The second
amendment is a change to the zoning designation for two submerged parcels of land
lying south of NE 207 Street and east of NE 34 Avenue together measuring 5.39 acres
more or less from RMF4, Multifamily High Density Residential District to CNS,
Conservation District. (See Exhibit #1 for Letters of Intent)
BACKGROUND
OWNER OF PROPERTY:
Aventura-Ensenada Inc. (Parcel 1 in
the legal description attached as Exhibit #4)
Aventura Land and Development Corporation
(Parcel 2 in the legal description attached
as Exhibit #4)
NAME OF APPLICANT:
City of Aventura
LOCATION OF PROPERTY:
Parcel 1: NE 34 Avenue at North Country
Club Drive
Parcel 2: Submerged Land lying south of
NE 207 Street and east of NE 34 Avenue
(See Exhibit #2 for Location Map and
Exhibit #3 for Aerial Survey Plan)
LEGAL DESCRIPTION:
Parcel 1: Part of Tract F, First Addition
Biscayne Yacht and Country Club, Plat Book
89, Page 100, City of Aventura, as recorded in
the public records of Miami-Dade County,
Florida
Parcel 2: Private Canal on the Plat of
Aventura First Addition, Plat Book 99, Page 11
and Part of the Private Canal on the Plat of
First Addition to Biscayne Yacht and Country
Club, Plat Book 89, Page 100, City of
2
Aventura, as recorded in the Public Records of
Miami-Dade County, Florida
(See Exhibit #4 for complete legal description)
SIZE OF PROPERTY:
Parcel 1: Approximately .51 acres
Parcel 2: Approximately 5.39 acres
DESCRIPTION {BACKGROUND
I. Parcel 1
Parcel 1 to this application is a ,51 acre upland parcel at the northeast corner of NE 34
Avenue and North Country Club Drive. It has been used as a private park for many
years. The site is a grassed area with trees, a bench, a flag pole, pet waste facilities
and two "George Berlin Park" signs.
Upon enactment of the City's Land Development Regulations in July of 1999, this
parcel of land was zoned CF, Community Facilities District, to recognize its past and
current use as a private park. The future land use designation of the parcel is Medium-
High Density Residential.
The land owner had applied to the City Commission for rezoning of this parcel in May of
2004 from CF, Community Facilities District, to RMF4, Multifamily High Density
Residential District. That request was denied by the City Commission because it did
not meet the standards for review of amendments to the Official Zoning Map as set out
in Section 31-77(f} of the City Code. In the staff report prepared for City Commission's
consideration in May of 2004, City staff stated that it would support a reduced intensity
of residential development on this site and suggested an RS2 zoning category which
would allow the following uses:
. One-family detached dwelling
. Publicly owned recreation buildings and facilities, playgrounds, playfields and
parks
. Uses accessory to any of the above uses when located on the same plot
. Zero lot line dwelling units
The rezoning request is to change the zoning designation of this parcel from CF,
Community Facilities District, to RS2, Residential Single Family District. The owner is
proposing five single family, zero lot line dwellings. The City's Traffic Consultant had
advised as part of the 2004 report that traffic associated with five single family dwellings
would not be expected to have an adverse impact on traffic patterns or congestion.
II. Parcel 2
Parcel 2 to this application is comprised of two parcels of submerged land lying south of
NE 207 Street, east of NE 34 Avenue and north of the Ensenada and EI Dorado
3
condominium developments. The two parcels measure approximately 5.39 acres.
The current zoning of these parcels according to the City's Land Development
Regulations is RMF4, Multifamily High Density Residential District. The future land use
designation of these parcels is "water".
The land owner had applied to the City for administrative site plan approval for
development of the most easterly parcel in December of 2004. The site plan proposed
a 12 story, 148 unit residential condominium building on pilings in the canal. City staff
had requested that the applicant address two threshold issues prior to continuing site
plan review discussions. Addressing those issues was necessary for an amendment to
the City's Comprehensive Plan Future Land Use Map and a plat restriction on use of
the canal. The applicant appealed this administrative decision by staff. The appeal
was filed on January 21, 2005, heard at the June 7, 2005 meeting of the City
Commission, deferred at the request of the applicant at the June 7 meeting to the first
meeting in September, 2005 and further deferred at the request of the applicant for an
additional period of not less than 90 days from August 18, 2005.
The rezoning request is to change the zoning designation of the two canal parcels from
RMF4, Multifamily High Density Residential District, to CNS, Conservation District. The
proposed CNS, Conservation District, zoning designation would allow the following
uses:
. Passive outdoor recreational uses such as wildlife sanctuaries and feeding
stations, nature centers and trails, outdoor research stations and walkways
. Fishing, boating and camping facilities
. Structures used for flood control, drainage and water storage
. Wetlands
. Uses which do not impair the natural environment or disturb the natural
ecosystem of the area and which are not in conflict with applicable water
management and wildlife protection policies of local, state and federal agencies
. Waterways
The owner proposes to construct five boat slips and associated docks which will be for
accessory use only to the five single family homes proposed on Parcel 1 of this report.
These boat slips and docks will require approval of a Class I permit from Miami-Dade
County Department of Environmental along with the approval of the City and other
governmental agencies, As part of the Settlement Agreement, staff recommends that
the rezoning ordinance provide that the rezoning of the canal parcels shall not be
effective unless and until the owner receives the required governmental approvals for
the five boat slips and docks,
These two rezoning applications have been filed by the City as applicant pursuant to a
Settlement Agreement between the owners and the City; however, each application
remains subject to the same standards for review of amendments to the Official Zoning
Map which the City Commission would apply to any rezoning application. Those
4
standards of review are contained in Section 31-77(f) of the City Code and are analyzed
in the following sections of this report.
ANALYSIS
I. Parcel 1
The owner has submitted a conceptual site plan showing the proposed lot layout and
color renderings of the proposed dwelling units. Five single family dwellings are
proposed with access from NE 34 Avenue. The plan and renderings are attached as
Exhibit #5.
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Medium High Density Residential
Water
Parks and Recreation
Medium High Density Residential
Medium High Density Residential
CF, Community Facilities District
RMF4, Multi-Family High Density Residential District
ROS, Recreation Open Space
RMF4, Multi-Family High Density Residential District
RMF4, Multi-Family High Density Residential District
private park
marina
golf course
residential condominium
residential condominium
Access - The parcel has approximately 156 feet of frontage on North Country Club
Drive and approximately 146 feet of frontage on NE 34 Avenue,
Conformity to City Comprehensive Plan - The proposed amendment is consistent
with the existing future land use designation of Medium High Density Residential
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.
5
The proposed amendment is consistent with the goals, objectives and policies of the
City's Comprehensive Plan. The parcel is designated as Medium-High Density
Residential land use on the Future Land Use Map. The RS2 zoning designation
may be placed on land designated residential on the City's Future Land Use Map.
2. Whether or not the proposed zoning district is compatible with the surrounding
area's zoning designation(s) and existing uses.
The proposed RS2 residential zone is compatible with surrounding residential
zoning designations and existing residential uses.
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. A conceptual site plan and rendering of the proposed development has
been submitted to show lot configuration and access.
4. Whether or not there are sites available in other areas currently zoned for such use.
There are sites available in other areas currently zoned for RS2 uses.
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,
Attached as Exhibit #6 is a letter from the City's Traffic Consultant, Tinter Associates
Inc., Transportation Engineers, dated September 15, 2005 confirming that, in its
opinion, traffic associated with five single family dwellings is not anticipated to
detrimentally affect traffic patterns or congestion at nearby intersections.
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.
Address Lot Increase in Population Overall Increase
Size Density Factor in Population
NE 34 Avenue at 0.51 ac 5 single family 1.80 9
North Country dwelling units
Club Drive
6
Using the population factor from the 2000 census at 1.80 persons per unit, the
proposal increases population by 9 persons. This proposed change would not
adversely affect population density such that the demand for water, sewers and
other public facilities and services would be adversely affected.
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.
School Impacts - The application has been submitted for comment to the Miami Dade
County School Board in accordance with the lnterlocal Agreement entered into between
the City and the Board in February of 2003. The Interlocal Agreement provides that if
the application will generate new students, the School Board must first advise what
options it has identified to meet the anticipated demand and, then, if the affected
schools are at more than 115% capacity, the School Board will ask the owner and the
City to meet with it in a collaboration meeting to discuss additional options to relieve
overcrowding.
The School Board has advised by electronic mail message that it has determined that
this application does not meet the review threshold as it will not generate additional
school children.
I. Parcel 2
The applicant has submitted the proposed development concept for the easterly portion
of the submerged lands, as shown on the conceptual site plan attached as Exhibit #5.
Up to five boat slips are proposed as accessory use to the five single family dwellings.
These slips will be accessed by foot or golf cart type vehicle from the residences. No
parking area is provided or required for accessory uses. A covenant will be recorded to
prohibit sale of any of the slips to anyone other than the upland home owners.
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Water
Medium Density Residential and
Business and Office
Medium-High Density Residential
Water
Water
7
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
RMF4, Multifamily High Density Residential District
B2, Community Business District and
RMF3,Multifamily Medium Density Residential District
RMF4, Multifamily High Density Residential District
CNS, Conservation District
RMF4, Multi-Family High Density Residential District
private canal
retail plaza and residential
residential condominiums
private canal
marina
Access - The parcels are approximately 1565 feet long and approximately 150 feet
wide and consist of submerged land.
Conformity to City Comprehensive Plan - The proposed amendment is consistent
with the existing future land use designation of Water.
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 is consistent with the goals, objectives and policies of the
City's Comprehensive Plan. The parcel is designated as water on the Future Land
Use Map, The CNS zoning designation may be applied to all land designated on the
City's Future Land Use Map as water or parks and recreation.
2. Whether or not the proposed zoning district is compatible with the surrounding
area's zoning designation(s) and existing uses.
This proposed conservation zone is compatible with surrounding residential zoning
designations and existing use of the canal.
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. A conceptual site plan showing proposed boating facilities has been
submitted.
4. Whether or not there are sites available in other areas currently zoned for such use.
8
There are sites available in other areas currently zoned for CNS uses.
5. If applicable, whether or not the proposed change will contribute to redevelopment
of an area in accordance with an approved redevelopment plan.
This standard is not applicable to this proposed amendment.
6. Whether or not the proposed change would adversely affect traffic patterns or
congestion.
The proposed boating facilities will be an accessory use only to the five single family
homes proposed on the upland parcel. No parking is provided or required for
accessory uses, therefore, the proposed change will have no impact on traffic
patterns or congestion.
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 boating facilities will be used as accessory use only to the five single
family homes proposed on the upland parcel. If the parcel was developed for other
permitted uses in the CNS district, those uses would not result in any increase in
population. Therefore, the proposed change would not 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.
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.
Use of the parcel for any permitted use in the district will be subject to City and
County DERM review and approval.
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.
School Impacts - The proposed uses in the CNS district will not result in an increase
in population, therefore, there will be no effect on school capacity due to this proposed
change.
Conclusion. An evaluation of the standards of review for amendment to the Official
Zoning Map set out in Section 31-77(f) of the City Code shows that the applications to
9
change the zoning on these two parcels meet those standards.
recommends approval of the applications,
10
Staff therefore
City of
A ventura
Government Center
19200 West Country Club Drive
AventUra. Florida 33180
September 9, 2005
SUSAN GOTTLIEB
MAYOR
Mr. Eric M, Soroka, ICMA-CM
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
COMMISSIONERS
ŒV AUERBACH
BoB DIAMOND
HARRY HOllBERG
BILLVjOEL
MICHAELS""RN
Luz UPJlAEZ WEtNBERG
RE: Aventura-Ensenada Inc, Application for Rezoning
,51 acre parcel at North Country Club Drive and NE 34 Avenue
City of Aventura
Case File No, 01-REZ-05
ERIC M. SOROKA, ICMA-CM
em MANAGER
Dear Mr. Soroka:
This letter shall serve as the Letter of Intent for Application for Rezoning under
Case File No. 01-REZ-05.
Aventura-Ensenada Inc, is the owner of a .51 acre parcel of land at the northeast
corner of North Country Club Drive and NE 34 Avenue identified as "George
Berlin Park", This parcel was designated for high density residential uses by the
previous Miami-Dade County zoning map, That designation was changed in
1999 to CF (Community Facilities) District upon enactment of the City of
Aventura's Land Development Regulations.
Under the terms of an agreement between the owner and the City, the City has
agreed to act as applicant for the rezoning of this parcel from CF (Community
Facilities) District to RS2 (Residential Single Family) District. The RS2 zoning
designation will permit a maximum of five single family dwelling units on this
parcel. A conceptual site plan showing the proposed layout of the homes is
attached.
YOUrS~IY
~
Joajl¡ne arr, ÄICP
Planning Director
Exhibit #1
01-REZ-O5 & 02-REZ-O5
PHONE: 305-466-8900 . FAX: 305-466-8939
www.cityofaventura.com
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01-REZ-O5 & 02.REZ-O5
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City of
Aventura
Government Center
19200 West Country Club Drive
Avenrura, Aorida 33180
September 9, 2005
SUSAN Gom.IES
MAYOR
Mr. Eric M. Soroka, ICMA-CM
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
COMMtSStONERS
"lEv AUERBACH
BoB OL<MONO
liA..v HOUBERG
BILLV OEL
MICHAELSnRN
Luz UOBAEl WEINBERG
RE: Aventura Land and Development Corporation
Application for Rezoning
Canal parcels south of NE 207 Street, City of Aventura
Case File No. 02-REZ-05
ERIC M. SoWKA, ICMA.cM
CrJ:y MANAGER
Dear Mr. Soroka:
This letter shall serve as the Letter of Intent for Application for Rezoning under
Case File No, 02-REZ-05,
Aventura Land and Development Corporation is the owner of two separate
parcels of submerged land containing approximately 5.39 acres lying south of the
NE 207 Street (Waterways Boulevard) roadway and east of NE 34 Avenue.
These parcels are designated as "water" on the Future Land Use Map and RMF4
(Multi-family High Density Residential) District on the City's zoning map.
Under the terms of an agreement between the owner and the City, the City has
agreed to act as applicant for the rezoning of these parcels from RMF4
(Mulitfamily High Density Residential) District to CNS (Conservation) District.
The owner proposes to construct five boat slips in the canal which will be
accessory uses to its single family home development at the corner of NE 34
Avenue and North Country Club Drive.
~our~1Iy..ur~t Iy
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Joanne Carr, AICP
Planning Director
Exhibi~ #1
01-REZ-O5 & 02-REZ-O5
PHONE: 305-466-8900 . FAX: 305466-8939
www,cityofaventura.com
BROWARD COUNTY
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Exhibit #2
01-REZ-O5 & 02-REZ-O5
LEGAL DESCRIPTION OF LANDS
Parcel 1 :
A PARŒL Of LANO DESCRIBED AS A PORTION Of TRACT "f" Of FIRST ADDITION BISCA'l'NE YACHT AND COUNTRY QUB. ACCORDING TO THE PLAT
THEREOf, AS RECORDED IN PLAT BOOK 89 AT PAGE 100 Of THE PUBUC RECORDS Of DADE COUNTY (NOW MIAMI-DADE COUNTY). flORIDA, MORE
PARTICUlARlY DESCRIBED AS FOll.OWS:
COMMENCE AT THE WEST o\ CORNER Of SECTION 35, TO\\NSHIP 51 SOUTH, RANGE 42 EAST CITY Of AVENTURA, MIAMI-DADE COUNTY, flORIDA:
THENCE 5O2"O0'25"E FOR 1.60 FEET TO A PDlNT Of CURVATURE Of A CIRCUlAR CURVE CONCAVE TO THE NORTHWEST: THENCE ALONG THE ARC Of
SAID CURVE. HAltING A RADIUS Of 1091,35 FEET AND A CENTRAL ANGLE Of 10'9'43" FOR 196.74 FEET TO A POINT ON SAID CUR'IE: THENCE
581'40'42"E ON A UNE RADiAl TO THE POINT ON CURVE FOR 50,00 FEET TO A POINT ON THE BOUNDARY Of SAID TRACT "F;" THENCE S08'9"8"W
FOR 1,69 FEET TO THE POINT Of BEGINNING Of SAID PARCEL Of LAND: THENCE AlONG THE BOUNDARY Of SAID TRACT "f" FOR THE FOll.OYt1NG
THREE (3) COURSES; (1) THENCE CONTINUE S08'9'18"W FOR 86.00 FEET TO A POINT Of CURVATURE Of A aRCUlAR CURVE CONCAVE TO THE
NORTHEAST; (2) THENCE AlONG THE ARC Of SAID CURVE. HAVING A RADIUS Of 50,00 FEET AND A CENTRAl ANGLE Of 90'00'00" FOR 78,54 FEET
TO THE POINT Of TANGENCY: (3) THENCE 581'40'42<: FOR 106,00 FEET TO A POINT ON SAID BOUNDARY Of TRACT "F;" THENCE N08'9"8"E FOR
146.00 FEET: THENCE N81'40'42"W FOR 156,00 FEET TO THE POINT OF BEGINNING.
Parcel 2:
AlL THOSE LOTS, PIECES OR PARCELS Of LAND SITUATE, L\1NG AND BEING IN SECTION 35, TO\\NSHIP 51 SOUTH, RANGE 42 EAST. aTY Of AVENTUf
MIAMI-DADE COUNTY. FLORIDA, THE SAME BEING MORE PARTICULARLY DESCRIBED AS FOll.OWS, VlZ.:
PARCEL "PRIVATE CANAl", LESS PORTIONS L\1NG IN "AVENTURA-MARINA CONDOMINIUM NO. I," ACCORDING TO THE DEClARATION THEREOF, AND
RECORDED IN OffIaAl RECORDS BOOK 8096 AT PAGE 876 OF "FIRST ADDITION TO BISCA'l'NE YACHT AND COUNTRY CLUB," ACCORDING TO THE PLAI
THEREOf, AS RECORDED IN PLAT BOOK 89 AT PAGE 100 Of THE PUBUC RECORDS Of MIAMI-DADE COUNTY, FlORIDA, ALSO. lESS THE PORTIONS
L\1NG IN "AVENTURA FIRST ADDITION" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 99 AT PAGE 11 Of THE PUBUC RECORDS Of
MIAMI-DADE COUNTY, FLORIDA.
TOGETHER Yt1TH:
"PRIVATE CANAl" PORTION OF AVENTURA FIRST ADDITION. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 99 AT PAGE II OF THE
PUBUC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY), FLORIDA.
Exhibit #4
01-REZ-O5 & 02-REZ-O5
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3303 West Commercial Blvd.' Sle 201' Ft. Lauderdale, FL 33309' (954)484-3633' Fa.x (954) 484-%12 , """"tinter.com
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Tinter Associates, Inc. . Transportation Engineers
Ms. Joanne Carr, AICP
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
September 15, 2005
RE:
AVENTURA ENSENADA, INC,
CITY OF AVENTURA
TINTER ASSOCIATES PROJECT NO, 01-2051R
Dear Ms. Carr:
This letter report should serve as a follow-up to our original correspondence of April 14, 2004 in
which several development scenarios were evaluated in response to a rezoning request for
property located along the north side of North Country Club Drive immediately east of N.E. 34th
Avenue within municipal limits of the City of Aventura, To assist your office at this time
additional analysis has been completed by this firm examining the effect on the area roadway
network of completing 5 single-family detached dwelling units on the subject property,
As before, trip generation characteristics were quantified through use of data available from the
Institute of Transportation Engineers (ITE) report Trip Generation, 7'" Edition. According to ITE
Land Use Code (LUC) 210, 'Single Family Detached Housing' the 5 dwelling units should
produce 48 vehicular trips per day (24 entering and 24 exiting) with 4 occurring during the A.M,
peak hour (1 entering and 3 exiting) and 5 occurring during the P.M, peak hour (3 entering and
2 exiting). These peak hour volumes have been incorporated into an intersection summation
worksheet that includes existing turning movement count data as collected by this firm and used
in our April 2004 analysis. Table A is attached for your use.
An analysis of daily conditions along North Country Club Drive, a four-lane divided facility, was
performed for the single-family development scenario. According to a 24-hour machine count
conducted along North Country Club Drive on Tuesday March 16th, 2004 North Country Club
Drive processes 14,941 vehicles per day. A comparison of this volume to appropriate
generalized maximum Level of Service volume thresholds developed by the Florida Department
of Transportation in the most recent edition of Quality/Level of Service Handbook (21,700
vehicles per day) shows that North Country Club Drive currently operates within acceptable
parameters and should continue to do so with the addition of traffic (48 vehicles per day) from
the proposed 5 single family dwelling units.
Exhibit #6
01-REZ-O5 & 02-REZ-O5
City of Aventura
September 15, 2005
Page 2
Similarly, the signalized intersection capacity analysis completed for existing and future peak
hour conditions at the intersection of North Country Club Drive and N.E. 34th Avenue shows the
intersection currently operates at acceptable Level of Service (LOS) 'C' and should continue to
operate at this level of service with addition of peak hour traffic volumes from the proposed
single family homes. A comparison of vehicular delay shows no measurable impact during the
A.M. peak hour and a tenth of a second increase during the P.M, peak hour. Peak hour
intersection analysis worksheets are attached for your use. In summary, the effect of
developing the subject property as proposed should have an insignificant impact on the area
roadway network as shown herein,
I trust the information contained herein will assist in your review of the proposed residential
development. Of course, should you have questions regarding the issues discussed herein,
please do not hesitate to contact me directly,
Very truly yours,
([. ~~ ,~
J. Suzanne Danielsen, P,E.
Senior Project Engineer
JSD:fmt
W\2001""\D1-2051 R.002
TInter Associates, IDe. . Transportation Engineers
Table A
Aventura Ensenada, Inc.
Intersection Summation
Assuming N. Country Club Drive Access
and 5 Single-Family Dwelling Units
Nort~'~!>untry CI~~cq~~I!.!~~~.Et3'1!h A . "\ië
.;;. : .A.M.pe~~~!:!rî8:0~,.s:0.0), ..'
c.l1u\:!t Date: T.~B.s!l~y,.tv\iI!'Ch 16.' 2003."'
. :'.' . ;".. .\i',.:.~: . . .
Northbound
LT Thru RT
Southbound
L T Thru RT
Eastbound
LT Thru RT
LT Thru RT
Existing
Season
67 58 13 238 27 189 190 176 12 4 195 352
67 58 13 238 27 189 190 176 12 4 195 352
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
67 58 13 238 27 189 190 176 12 4 195 352
0 0 0 0 0 0 0 0 0 1 1 1
67 58 13 238 27 189 190 176 12 5 196 353
Growth
Ap Dev
Backg~d
Project
Total
Factors
Total %
1,521
0.00%
0.00%
0.00%
1 in
3 3 out
1,524
Factors
Northbound Southbound Eastbound Westbound Total %
LT Thru RT LT Thru RT LT Thru RT LT Thru RT
Existing 22 23 5 350 42 197 329 230 34 6 196 278 1,712
Season 22 23 5 350 42 197 329 230 34 6 196 278 0.00%
Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Ap Dey 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Backg~d 22 23 5 350 42 197 329 230 34 6 196 278
3 in
Project 0 0 0 1 0 0 0 1 0 1 1 1 5 2 out
Total 22 23 5 351 42 197 329 231 34 7 197 279 1,717
Tinter Associates, Inc.
NCS2000, Signalized Intersections Release 4 .1c
Analyst, jsd Inter., N Country Club Dr at NE 34 Av
Agency, Tinter Associates, Inc. Area Type, All other areas
Date, 03/23/2004 Jurisd, City of Aventura
Period, A.M. Peak-Existing Conditions Year, 2004
Project rD, North Country Club Drive at N.E. 34 Avenue
E!W St, N Country Club Drive N!S St, N.E. 34 Avenue
SIGNALIZED INTERSEC.-nON SUMMARY
I LEast~undR LWest~undR I LNort~un~=1 Lsout~un~
1'20 2011101110
L TR LTR I L TR I L TR
goo i;60 12 i;50 352 I~;.O i~.o 13 î;80 î;.o 189
0 1 1
No. Lanes
LGConfig
Volume
Lane Width
RTOR Vol
í
1
1
1
I
1
1
Duration
Phase Combination 1
ED Left A
Thru A
Right A
Peds X
WB Left
Thru
Right
Peds
NB Right
SD Right
Green
Yellow
All Red
Appr/
Lane
Grp
Lane
Group
Capacity
0.25
Area Type, All other areas
Signal Operations
3 4
2
P
P
P
X
P
P
P
X
5
NB Left A
Thru A
Right A
Peds X
SB Left A
Thru A
Right A
Peds X
EB Right
WB Right
20.0 30.0
3.0 4.0
1.3 1.1
30.0
4.0
1.0
cycle Length, 94.4
Intersection Performance summary
Adj Sat Ratios Lane Group Approach
Flow Rate
(s)
vrc-g¡ë
Eastbound
L 555
TR 2035
Delay LOS Delay LOS
Westbound
LTR
936
Northbound
L 315
TR 564
Southbound
L 344
TR 511
1766 0.36 0.58 11.2 B
3537 0.10 0.58 9.0 A 10.1
2944 0.62 0.32 30.4 C 30.4 C
991 0.23 0.32 24.0 C
1776 0.13 0.32 23.0 C 23.5 C
1084 0.73 0.32 36.3 D
1607 0.44 0.32 26.2 C 31.5
Intersection Delay - 25.1
(sec/veh)
Intersection LOS - C
NCS2000, signalized Intersections Release 4.1c
HCS2000, signalized Intersections Release 4.1c
Analyst, jsd Inter., N Country Club Dr at HE 34 Av
Agency, Tinter Associates, Inc. Area Type, All other areas
Date, 03/23/2004 Jurisd, City of Aventura
Period, P.M. Peak-Existing Conditions Year, 2004
project ID, North Country Club Drive at N.E. 34 Avenue
E/W St, N Country Club Drive N/S St, N.E. 34 Avenue
SIGNALIZED INTERSECTION SUMMARY
I Eastbound I Westbound I Northbound=1 Southbound I
L T R L T R IL T R L T R
I
11200201101101
L TR LTR L TR L TR
1329 230 34 \6 196 278 22 23 5 1350 42 197 I
12.012.0 12.0 1'2.0 12.0 12.0 12.0
I 0 I 0 0 0 I
No. Lanes
LGConfig
Volume
Lane width
RTOR Vol
Duration
Phase COmbination 1
EB Left A
Thru A
Right A
Peds X
WB Left
Thru
Right
Peds
NB Right
SB Right
Green
Yellow
All Red
Appr/
Lane
Grp
Lane
Group
Capacity
0.25
Area Type, All other areas
Signal Operations
341NBLefti
Thru A
Right A
Peds X
SB Left A
Thru A
Right A
Peds X
EB Right
WB Right
30.0
4.0
1.0
Cycle Length, 94.4
Intersection Performance summary
Adj Sat Ratios Lane Group Approach
Flow Rate
(s)
2
P
P
P
X
P
P
P
X
20.0 30.0
3.0 4.0
1.3 1.1
v/c g/C
Delay LOS Delay LOS
Eastbound
L 590
TR 2018
Westbound
LTR
970
Northbound
L 297
TR 582
Southbound
L 416
TR 522
1776 0.59 0.58 13.2 B
3508 0.14 0.58 9.3 A 11.5
3051 0.52 0.32 28.3 C 28.3
935 0.08 0.32 22.6
1832 0.05 0.32 22.4 22.5 C
1308 0.88 0.32 50.3 D
1642 0.48 0.32 26.6 C 40.7
(sec/vehl
Intersection Delay - 26.6
Intersection LOS - C
HCS2000, signalized Intersections Release 4.1c
HCS2000, Signalized Intersections Release 4.1c
Analyst, jsd Inter., N Country Club Dr at NE 34 Av
Agency, Tinte, Associates. Inc. Area Type, All other areas
Date, 09/15/2005 Jurisd, City of Aventura
Period, A.M. Peak-with 5 SF du Year, 2004
project ID, North Country Club Drive at N.E. 34 Avenue
E!W St, N Country Club Drive N!S St, N.E. 34 Avenue
No. Lanes
LGConfig
Volume
Lane Width
RTOR vol
SIGNALIZED INTERSECTION SUMMARY
I Eastbound I Westbound I Northbound
LTR LTR LTR
1'201020111
L TR LTR I L TR
190 176 12 15 196 353 167 58 13
12.0 12.0 12.0 112.012.0
0 I I
Southbound
I L T R
I 1 1
I L TR
1238 27 189
112.0 12.0
I
Duration
Phaae Combination 1
EB Left A
Thru A
Right A
Peds X
WB Left
Thru
Right
Peds
NB Right
SB Right
Green
Yellow
All Red
Appr/
Lane
Grp
Lane
Group
Capacity
0.25
Area Type, All other areas
Signal Operations
3 4 I NB Left ~
Thru A
Right A
Peds X
SB Left A
Thru A
Right A
Peds X
EB Right
WB Right
30.0
4.0
1.0
Cycle Length, 94.4
Intersection Perfomance Summary
Adj Sat Ratios Lane Group Approach
Flow Rate
(s)
2
P
P
P
X
P
P
P
X
20.0 30.0
3.0 4.0
1.3 1.1
v/c g/c
Eastbound
L 553
TR 2035
Delay LOS Delay LOS
Westbound
LTR
936
Northbound
L 315
TR 564
Southbound
L 344
TR 511
1766 0.36 0.58 11.2 B
3537 0.10 0.58 9.0 A 10.1
2944 0.62 0,32 30.5 30.5 C
991 0.23 0.32 24.0
1776 0.13 0.32 23.0 23.5 C
1084 O. 73 0.32 36.3 D
1607 0.44 0.32 26.2 C 31.5
Intersection Delay. 25.1
(sec/veh)
Intersection LOS . C
HCS2000, Signalized Intersections Release 4.1c
HCS2000, Signalized Intersections Release 4.1c
Analyst, jsd Inter., N Country Club Dr at NE 34 Av
Agency, Tinter Associates, Inc. Area Type, All other areas
Date, 09/15/2005 Judsd, City of Aventura
Period, P.M. Peak-with 5 SF du Yen, 2004
Project ID, No,th country Club Drive at N.E. 34 Avenue
E/W St, N Country Club Drive NIS St, N.E. 34 Avenue
SIGNALIZED INTERSECTION SUMMARY
[ LEast~undR I Lwest~undR i LNo't~un~
1 1
I 1 2 0 1 2 0 I 1
I L TR I LTR 1 L TR
329 231 34 [7 197 279 122 23 5
12.0 12.0 0 12.0 i 12.0 12.0
No. Lanes
LGConfig
Volume
Lane Width
RTOR vol
1 Southbound
I L T R
I
1 1
I L TR
1351 42 197
12.012.0
1
Duration
Phase Combination 1
EB Left A
Thru A
Right A
Peds X
WB Left
Thru
Right
Peds
NB Right
SB Right
Green
Yellow
AIl Red
,,",prl
Lane
Grp
Lane
Group
Capacity
0.25
Area Type, AIl other areas
Signal Operations
3 4
2
P
P
P
X
P
P
P
X
5
NB Left A
Thru A
Right A
peds X
SB Left A
Thru A
Right A
Peds X
EB Right
WB Right
30.0
4.0
1.0
Cycle Length, 94.4
Intersection Performance summary
Mj Sat Ratios Lane Group ,,",proach
Flow Rate
(s)
20.0 30.0
3.0 4.0
1.3 1.1
Eastbound
L 589
TR 2018
vlc glC
Westbound
LTR
969
Northbound
L 297
TR 582
Southbound
L 416
TR 522
Delay LOS Delay LOS
1777 0.59 0.58 13.2 B
3508 0.14 0.58 9.3 A 11.5
3049 0.52 0.32 28.4 28.4 C
935 0.08 0.32 22.6
1832 0.05 0.32 22.4 22.5 C
1308 0.89 0.32 50.7 D
1642 0.48 0.32 26.6 C 40.9 D
(sec/veh)
Intersection LOS - C
Intersection Delay - 26.7
HCS2000, Signalized Intersections Release 4.1c
ORDINANCE NO. 2005- -
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 0.51 ACRE PARCEL OF LAND
LOCATED ON NE 34 AVENUE AT NORTH COUNTRY
CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT A, FROM CF, COMMUNITY FACILITIES
DISTRICT TO RS2, RESIDENTIAL SINGLE FAMILY
DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR TWO PARCELS OF SUBMERGED
LAND TOGETHER MEASURING 5.39 ACRES MORE OR
LESS LOCATED SOUTH OF NE 207 STREET AND EAST
OF NE 34 AVENUE, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT B, FROM RMF4, MULTIFAMILY
HIGH DENSITY RESIDENTIAL DISTRICT TO CNS,
CONSERVATION DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, City of Aventura, on behalf of the owners, Aventura-
Ensenada Inc. as to Parcel 1 described in Exhibit A and Aventura Land and Development
Corporation as to Parcel 2 described in Exhibit B, through Applications Nos. 01-REZ-O5
and 02-REZ-O5, has applied to amend the Official Zoning Map of the City of Aventura by
amending the zoning designation for Parcel 1 legally described in Exhibit A attached
hereto from CF, Community Facility District to RS2, Residential Single Family District
and by amending the zoning designation for Parcel 2 legally described in Exhibit B
attached hereto from RMF4, Multifamily High Density Residential District to CNS,
Conservation District; and
Ordinance No. 2005- -
Page 2
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local
planning agency has determined that the rezonings are consistent with the applicable
provisions of the City Comprehensive Plan; 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 applications for rezoning and
has considered the testimony of all interested parties at the public hearings, and has
determined that the rezoning actions set forth in this Ordinance are consistent with the
Comprehensive Plan and intended use of the land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
Recitals. The foregoing whereas clauses are hereby ratified
and incorporated within this ordinance.
Section 2. Official Zonina Map Amended, That the Official Zoning Map
of the City of Aventura is hereby amended by amending the zoning designation for a
0.51 acre parcel of land located on NE 34 Avenue at North Country Club Drive (Folio
Number 28-1235-010-0010) from CF, Community Facilities District, to RS2, Residential
Single Family District (see Exhibit "A" for Legal Description).
Section 3.
Official Zonina Map Amended, That the Official Zoning Map of the
City of Aventura is hereby amended by amending the zoning designation for two
Ordinance No. 2005-
Page 3 -
parcels of submerged lands together measuring approximately 5,39 acres located south
of NE 207 Street and east of NE 34 Avenue (Folio Numbers 28-1235-010-0030 and 28-
1235-013-0010) from RMF4, Multifamily High Density Residential District, to CNS,
Conservation District (see Exhibit "B" for Legal Description).
Section 4. 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 5, Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura and that the Official Zoning Map of the City may
be revised so as to accomplish such intentions.
Section 6, Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading as to the zoning map amendment for the parcel described in
Exhibit "A". This Ordinance shall be effective, as to the zoning map amendment for the
parcel described in Exhibit "B", upon the owner obtaining all necessary governmental
approvals to construct five boat slips and associated docks within the parcel.
Ordinance No. 2005- -
Page 4
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading.
This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Mayor Susan Gottlieb
PASSED on first reading this 11th day of October, 2005.
Ordinance No. 2005-
Page 5 -
PASSED AND ADOPTED on second reading this 1st day of November, 2005.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVEr AS~ICIENCY:
CITY ATTORNEY ,
This Ordinance was filed in the Office of the City Clerk this - day of
,2005.
CITY CLERK
EXHIBIT "A" TO
ORDINANCE NO. 2005-
Legal Description of Land
A PARCEl OF LAND DESCRIBED AS A PORTION OF TRACT "F" OF FlRST ADDITION BISCAYNE YACHT AND COUNTRY CLUB, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 89 AT PAGE 100 OF THE PUBUC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY), flORIDA. MORE
PARTlCIJl.ARlY DESCRIBED AS FDlLOWS:
COMMENGE AT THE WEST % CORNER OF SECTION 35, TOWNSHIP 51 SOUTH, RANGE 42 EAST CITY OF AVENlURA. MIAMI-DADE COUNTY. flORIDA:
THENCE 5O2"OO'25"E fOR 1.60 FEET TO A POINT OF CURVAlURE Of A ClRCUI..AR CUR\£ CONCA\£ TO THE NORTHWEST: THENCE ALONG THE ARC OF
SAID CUR\£. HA\'ING A RADIUS OF 1091.35 FEET AND A CENTRAl ANGlE OF ID~9'43" fOR IS6,74 FEET TO A POINT ON SAID CURVE: THENCE
S81'40'42"E ON A UNE RADIAL TO THE POINT ON CUR\£ fOR 50.00 FEET TO A POINT ON THE BOUNDARY OF SAID lRACT "f:" THENCE soe'S"8"\\
fOR 1.69 FEET TO THE POINT OF BEGINNING OF SAID PARCEL OF LAND: THENCE ALONG THE BOUNDARY OF SAID TRACT "f" fOR THE fOl.lO\\ING
THREE (3) COURSES; (1) THENCE CONTINUE soe'S'18"W fOR 96.00 FEET TO A POINT OF CURVAlURE OF A CiRCUI..AR CUR\£ CONCA\£ TO THE
NORTHEAST: (2) THENCE ALONG THE ARC OF SAID CUR\£. HAVING A RADIUS OF 50,00 FEET AND A CENTRAl ANGlE OF 110'00'00" fOR 78.54 FEEl
TO THE POINT OF TANGENCY: (3) THENCE S81'4O'42"E fOR 106.00 FEET TO A POINT ON SAID BOUNDARY OF lRACT "F:" THENCE N08'S'18"E fOR
146,00 FEET: THENCE N81'40'42"W fOR 156.00 FEET TO THE POINT OF BEGINNING.
EXHIBIT "B" TO
ORDINANCE NO, 2005-
Legal Description of Land
ALL THOSE LOTS, PIECES OR PARCELS Of LAND SI'lUAlE, LYING AND BEING IN SECll0N 35, TO'ilNSHIP 51 SOUTH, RANGE 42 EAST, CITY Of AVEN'lUR
MIAMI-DADE COUNTY, FLORIDA, THE SAME BEING MORE PARllC1JLARLY DESCRIBED AS FOLLOWS, '<11.:
PARCEL "PRIVAlE CANAL", LESS PORllONS LYING IN "AVEN'lURA-MARINA CONDOMINIUM NO.1: ACCORDING TO THE DECLARAllON THEREOF, AND
RECORDED IN OFF1C1AL RECORDS BOOK 8096 AT PAGE 876 Of "FIRST ADDmON TO BISCAYNE YACHT AND COUNlRY CLUB," ACCORDING TO THE PLAT
THEREOf, AS RECORDED IN PLAT BOOK 89 AT PAGE 100 Of THE PUBUC RECORDS Of MIAMI-DADE COUNTY, FLORIDA, ALSO. LESS THE PORllONS
LYING IN "AVEN'lURA FIRST ADDtllON" ACCORDING TO THE PLAT THEREOf, AS RECORDED IN PLAT BOOK 99 AT PAGE 11 Of THE PUBUC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
TOGE1IiER ¥11TH:
"PRIVAlE CANAL" PORllON Of AVEN'lURA FIRST ADDIllON, ACCOROING TO THE PLAT THEREOf, AS RECORDED IN PLAT BOOK 99 AT PAGE 11 Of THE
PUBUC RECORDS Of DADE COUNTY (NOW MIAMI-DADE COUNTY), FLORIDA.
'\~...~
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit Is made pursuanllo Section 31-71(b)(2)~ij of the City of Avenlure Land Development Code. The undersigned Affiant hereby
discloses that (marlt with 'x' applicable portions only)
~1.
Affiant does D!!! have a Business Relationship with any member of the CIty Commission or any City Advlso¡y
Boam to which the application will be presented.
Affiant hereby discloses that it does have a Business Reialionship with a member of the CIty CommissIon or a
City Advlso!)' Board to which the application wi. be presented, as foliows:
I ] 2,
(Lisl name of Commissioner or Advisory Board Member) who serves on the
(LIst City Commission or City Advlso¡y Boam upon which member
serves).
The nalure of the Business Relationship Is as follows:
[]I.
II I,
II HI,
¡
.
,
i
~
!
Member of City CommIssion or Boæi holds an ownership interesl in excess of 1 % of total assets or
capital stock 01 A 1pIIcant or Representallve;
Member of City Convnlsslon or Board Is a partner, co.shareholder (as to shares of a corporation
v.I1ich are not listed on any national or reglonat stock exd1ange) or joint _turer with Ihe App6cant or
Representatlvaln any business venture; .
[]iv.
[]v.
The Applicant or Representative Is a CrlEnt 01 a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as Ihe member of the
CIty CommIssion or BO8m;
A City Commissioner or Board member Is a Client 01 the Applicant or Representative;
[] vI.
The Appilcant or Representative is a Customer of the memberoflhe City Commission or Boam (or of
his or her employer)..,d transacts more than $10,000,00 of the business 01 the member 01 the City
Commission or BoanJ (or his or her employer) In a given calendaryea~
The member of the City Commission or Boam Is e Customer of the Applicant or Representative and
transacts more than $2MOO,00 of the busIness of the AppI'lC8nt or Representative In e given
calendaryeer,
WITNESS ~ HAND THIS - DAY OF
APPliCANT:
,20o_,
By:
Name:
11tIe'
(8;,¡natufB)
(Print)
(PrinQ
,2OO_,
WITNESS ~ HAND THIS - DAY OF
PROPERTY OWNER:
By:
Neme'
Title:
(Signature)
(PrinQ
(Print)
'The lenns 'Business Relationship,' 'Cfent,' 'Q¡sfomer,' 'ÞppJlcant,' 'ReplUsentafl'l!' and '¡ntel'e$fed Persoo' aru dafined in
~ion 2-3950ftha AwntUfB CIty Code,
WITNESS MY HAND THIS J9!\AY OF ~ 2005
R~?~i1esS Relationship Affidavit)
B . Signature)
Name: 'S<1/hu...1 é:', fòo{""'(f'rint)
Title: Á>I>f.n¡."Py
Name:
(Signature
(Print)
By:
By:
N
Title:
(Print)
By:
(Signature
Name:
(Print)
(Print)
Trtle:
By: (Signature) By:
Name: (Print) Name:
TJIIe' (prinQ Title:
By: (Signature) By:
Name: (Print) Name:
TiUe: (Print) Trtle:
By: (Signature) By:
Name: (Print) Name:
Title: (Print) Title:
--i By: (Signature) By:
! Name' (Print) Name:
I TiUe- (Print) TI1Ie:
(Signature
(Print)
(Print)
(Signature
(Print)
(Print)
(Signature
(Print)
(PrinQ
(Signature
(Print)
(Print)
NOTE: 1) Use duplicate sheets ff disclosure Information for Representative varies
2) Applicants and Afflanls are advised to timely supplement thIs Affidavit pu",uant to Sec. 31'71(b)(Z)(iv) of the
CIty's Land Development Regulations In the City Code, In the eventthet prior to consideration of the application
by the City Board or Commission, the InformatIon provIded In the AffidavIt becomes Incorrect or Incomplete,
---'----.-. .--- - _..
NOTARIZATION PROVISION
STATEOFFLORJDA )
couNTYor~E) ~~~ ¿
Bef". me, the undersigned authDllly, ,""",any .~ the A~"'~ who being Irst by m. d~y """" ád ow." or '~nTI that
hoIsheexoculedlhlsAfidllitforlhepurpœesstalodlherlÍl1endthslklsilueendcooecl. Q [(dc~
~
;t-~' "emelhls)'1:;'Yof~2~
0 .-a" ~
~~ c,:, COIAIltSStOONtMBEJ\ r-2L ¿ ~
~ ;¡ DD1~ NoIary PubUc Slele ofF1oIIde AtLarg:¡
7~ ~ MYCOIIMJSS1ONEJ<P1ÆS (lAItf)/ '-' (> t:t,., t>.r
OFf~O JUNE 18,2005 PrinlodNemeofNotary
My commission explres:-
STATE OF FLORIDA )
COUNTYOrt~¡;,'&.~) A"'\"k-o.....¡~:r.
BefonI me, III. under1Igned .t&IIly, pe!1OOaJ1y.ppeared ~.A rr,"""'/ (:> th. Allie 0 being first yowom, dd _or "af5nn that
helshe exocuted l1is _t lor Ih. purposes staled therein and that lis !rut end eo.oct.
i!.--
SWORN TO AND sœSCRlBED- mel1ls~ do)'of~ 2085
'~""" MarciaB,NewIm1d ~...,' .
.~.;;,;;;~~ CommisslonlDD207992 PubIc Stale ofF AI Large
~~. '<1.::~Exp!res:'M.y 27, 2007 .
,.,~i¡¡,¡¡¡;t,~- ~.Tbro p_~meolN"!"Y
""",,' AtIenIiCBondmsCo.1nc. Mycommieslonexp...~
STATEOFFLORIDA )
COUNTY OF MIAMI-PADE)
Before me, the onderslgned aulhority, peBO!1eiiy eppearad
helsl1e execu1ed this AffMla<.;t lor lie >lIpOSes llaled therein endthathls true end "",eel
th. AIf...~ who being 1nt by me duly swam, dd _or or affinTI thaI
AFFIANT
SWORN TO AND SUBSCRIBED befom me th. - dey of - 200..
-j
I
i
No4aIyPublcSla!aofFiorldaAll.ar¡¡a
_Name of Notary
Myeomml>s;onexplres~
STATE OF FlORIDA )
CO\.!m' OF MlAM1-PAIJE)
Befor. me, the unde!llgned .""'DIIIy, porIOI\I11y appearad
heI\;h. execu1edthls Alidavltforl1epurposasaleled thereIn and hI It Istrue end corrac:l
Ih. AIIan~ 11410 being fnl by me duly sworn, ~d swear or .~"" !hot
AFFIANT
SWORN TO AND SUBSCRIBED hefora me this - do)' 01- 200-
NotaIyPublic SIa!a 01 FIOItda AI Large
Prinled Name oINoiary
My - """-----
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01-REZ-O5 & 02-REZ-O5
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We are opposed to the Amendment for the October 11, 2005 Meeting and all future
Amendm nts that pertain to that p~.rcel.
DeIvistaTowers
20225 N.E. 34th Delvista Court
Aventura, Florida 33180
(305) 937-0188
CITY OF A VENTURA
AMENDMENT TO ZONING MAP
PETITION
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DeIvistaTowers
20225 N.E. 34th Delvista Court
Aventura, Florida 33180
(305) 937-0188
CITY OF A VENTURA
AMENDMENT TO ZONING MAP
PETITION
We are opposed to the Amendment for the October 11,2005 Meeting and all future
AmAents that pertai? t~t parcel.
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Delvista Towers
20225 N.E. 34th Oelvista Court
Aventura, Florida 33180
(305) 937-0188
CITY OF A VENTURA
AMENDMENT TO ZONING MAP
PETITION
We are opposed to the Amendment for the October 11,2005 Meeting and all future
Amendments that pertain to that parcel.
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Since a developer is trying to build next to us and move the marina to in front of our pool. Ensenada
Condo would like to start this petitition against the proposed plan.
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Published Dailv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
MARIA ANGEL
Who on oath that she is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade County,
Florida; that the advertisement for:
C I r'j tJ p ,4 (/c"AJrU R/f
was published in said newspaper in the issue of:
ihvr5duy
Affiant further says that the Miami Herald is a newspaper published at Miami, in the said
Dade County, Florida, and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day and has been entered as second class
mail matter at the post office in Miami, in said Dade County, Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement.
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M RIA ANGEL
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Sept- Z9, Z(l(;l~
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USA j ;..:.I.....NANDEZ :
: ...."....", ComtnI 0003823&7 :
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Sworn to and subscribed before me
This "j day of &G-~ b-< "L
Ll"l-'_ C"- ;h~--cv - ,-=:7\
LISA ANN HERNANDEZ - J
A.D. 2005
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CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL
PLANNING AGENCY AND NOTICE OF
AMENDMENT OF THE CITY'S LAND
DEVELOPMENT REGULATIONS
Public Notice is hereby given that the Aventura City
Commission, sitting as the City of Aventura Local Planning
Agency will meet in a public hearing on Tuesday, October 11,
2005 at 6:00 p.m. to consider adoption of the following
Ordinance: I .
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA AMENDING SECTION 31-21 "DEFINITIONS"
OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO INCLUDE A DEFINITION OF "GROSS LEASABLE
AREA"; AMENDING SECTION 31-144(C)
"COMMUNITY BUSINESS (B2) DISTRICT" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND THE REGULATIONS REGARDING MINIMUM
LANDSCAPED OPEN SPACE FOR SHOPPING
CENTERS CONSISTING OF MORE THAN 1,000,000
SQUARE FEET DUE TO THE UNIQUE
CHARACTERISTICS OF THESE CENTERS;
AMENDING SECTION 31-171 "OFF-STREET PARKING
AND LOADING STANDARDS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE
REGULATIONS FOR PARKING REQUIREMENTS FOR
SHOPPING CENTERS CONSISTING OF MORE THAN
1,000,000 SQUARE FEET OF GROSS LEASABLE AREA
DUE TO THE UNIQUE AND SPECIAL DEMANDS OF
THESE LARGER CENTERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
Immediately following the Local Planning Agency meeting,
the City Commission of the City of Aventura, as the governing
body, will consider at a public hearing, as first reading,
adoption of the above described Ordinance.
The above described Public Hearings will be held
commencing at 6:00pm on Tuesday, October 11, 2005, at
City of Aventura Government Center, 19200 West Country
Club Drive, Aventura, Florida, 33180. The' proposed
Ordinance may be inspected by the pubiic at the Office of the
City Clerk, 19200 West Country Club Drive, Aventura, Florida.
Interested parties may appear at the Public Hearing and be
heard with respect to the proposed Ordinance.
In accordance with the Americans with Disabilities Act of
1990, all persons who are disabied and who need speCial
accommodations to participate in this proceeding because of
that disability should contact the Office of the City Clerk,
(305) 466-8901. not later than two business days prior to
such proceedings.
If a person decides to appeal any decision made by the City
Commission, as Local Planning Agency or as the governing
body, with respect to any matter considered at a meeting or
hearing, that person will need a record of the proceedings
and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be
based.
Teresa M. Soroka, MMC, City Clerk
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II"'
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL
PLANNING AGENCY
AND NOTICE OF APPLICATIONS
FOR AMENDMENT
TO OFFICIAL ZONING MAP
Public Notice is hereby given that the City of Aventura Local
Planning Agency will meet in a public hearing on Tuesday,
October 11, 2005 at 6:00 p.m. to make a recommendation
regarding the adoption of the following Ordinance:
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 0.51 ACRE PARCEL OF LAND
LOCATED ON NE 34 AVENUE AT NORTH COUNTRY
CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT A. FROM CF, COMMUNITY FACILITIES
DISTRICT TO RS2, RESIDENTIAL SINGLE FAMILY
DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR TWO PARCELS OF SUBMERGED
LAND TOGETHER MEASURING 5.39 ACRES MORE OR
LESS LOCATED SOUTH OF NE 207 STREET AND EAST
OF NE 34 AVENUE, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT B, .FROM RMF4, MULTIFAMILY
HIGH DENSITY RESIDENTIAL DISTRICT TO CNS,
CONSERVATION DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
1
I
I
Immediately following the Local Planning Agency meeting, the
City ComfTIission of the City of Aventura, as the governing body,
will consider at a public hearing adoption of the Ordinance.
The Public Hearing will be held at City of Aventura Government
Center, 19200 West Country Club Drive, Aventura, Aorida,
. 33180. The proposed Ordinance may be inspected by the public
at the Office of the City Clerk, 19200 West Country Club Drive,
Aventura, Florida. Interested parties may appear at the Public
Hearing and be heard with respect to the proposed Ordinance.
In accordance with the Americans with Disabilities Act of 1990,
all persons who are disabled and who need special
accommodations to participate in this proceeding because of
that disability should contact the Office of the City Clerk, (305)
466-8901, not 'later than two business days prior to such
proceedings.
If a person decides to appeal any decision made by the City
Commission with respect to any matter considered at a meeting
or hearing, that person will need a record of the proceedings and,
for such purpose, may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based.
Teresa M. Soroka, MMe. City Clerk
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