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04-06-2021 Regular Commission Meeting Agenda City Manager City Commission Ronald J.Wasson Enid Weisman,Mayor Robert Shelley,Vice Mayor City Clerk Jonathan Evans,Commissioner Ellisa L.LTorvarin MMC Rachel S.]Friedland,Commissioner j Denise Landman,Commissioner City Attorney Dr.Linda Marks,Commissioner � �� �` Weiss Scrota Helfinian Marc Narotsky,Commissioner e � Cole&Bierman CITY COMMISSION REGULAR MEETING AGENDA APRIL 6, 2021 Following 6:00 p.m. Local Planning Agency Meeting Via Virtual Communications Media Technology This meeting shall be held via virtual communications media technology as made necessary by the continued state and local emergency. Because of the continued COVID-19 pandemic, and the need to ensure the public health, safety and welfare, this meeting will be conducted remotely via Zoom. Due to the on-going state of emergency and the recommendations from all public health authorities, the City of Aventura recommends that all persons view and participate in the meeting through electronic means. Members of the public wishing to access the meeting, please do so as follows: Join the Zoom Meeting from your computer, tablet, or smartphone at: Zoom.us/join Meeting ID: 890 7640 4937 You can also dial in using your phone to the any of the following numbers: +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US +1 301 715 8592 US Meeting ID: 890 7640 4937 Members of the public will be able to provide comments via audio when directed by the Mayor to do so. Please tap the screen on your cellphone or tablet, or move your mouse on your computer, to view an option to raise your hand. Tap or click on the "raise hand" icon displayed to raise your hand to speak. Callers must press *9 to raise your hand to speak. The City Clerk will notify the Mayor there are public comments and will notify you when it is your turn to speak by turning your microphone on. Speakers will be provided three minutes to provide comments. Comments can also be provided via email to the City Clerk at cityclerk@cityofaventura.com by April 5, 2021 at 6:00 p.m. Comments received will be provided to the City Commission. Please list the item you are providing a comment for in your email. City Manager City ConHnission Ronald J.Wasson Enid Weisman,Mayor Robert Shelley,Vice Mayor City Clerk Jonathan Evans,Commissioner Elllisa L.Horvath,MMC Rachel S.Friedland,Commissioner i Demise Landman,Commissioner City Attorney Dr.Linda Marks,Commissioner c, Weiss Scrota Hellman Marc Narotsky,Commissioner e�✓ G ,.n Q,�' Cole&Bierman CITY COMMISSION REGULAR MEETING AGENDA APRIL 6, 2021 Following 6:00 p.m. Local Planning Agency Meeting Via Virtual Communications Media Technology 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Presentation by Youth Advisory Board on Trader Joe's Project • Aventura City of Excellence School Update - Principal Tyrkala • Don Soffer Aventura High School Update - Principal McKnight 5. CONSENT AGEN DA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • March 2, 2021 City Commission Regular Meeting • March 18, 2021 City Commission Regular Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO AN AGREEMENT BETWEEN THE CITY OF AVENTURA AND JOANNE CARR FOR CONSULTING SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REJECT LEGISLATION THAT ERODES LOCAL GOVERNMENT HOME RULE AUTHORITY; EXPRESSING SUPPORT FOR THE FLORIDA LEAGUE OF MAYORS' AND THE FLORIDA LEAGUE OF CITIES'EFFORTS TO PROTECT LOCAL GOVERNMENT HOME RULE AUTHORITY;PROVIDING FOR TRANSMITTAL;AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Regular Meeting Agenda April 6, 2021 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-03-23- 3, PEACE PARK RESTROOM IMPROVEMENTS, TO ABS GENERAL CONTRACTORS, INC. AT THE BID PRICE OF $175,309.61; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony,including public testimony and evidence,will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross- examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTIONS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE AND SERVICE OF BEER AND WINE AT MACAROONS AND MORE LLC,DOING BUSINESS AS LADUREE,IN TENANT SPACE #069 ON THE GROUND FLOOR OF THE AVENTURA MALL,LOCATED AT 19501 BISCAYNE BOULEVARD,CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT POLLOS Y JARRAS RESTAURANT IN TENANT SPACE 956 OF THE AVENTURA MALL EXPANSION, LOCATED AT 19565 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE REQUEST BY MEDICAL DISTRICT DEVELOPMENTS LLC, TO MODIFY RESOLUTION NO. 2020-09, TO AMEND SECTION 3 OF THE RESOLUTION TO INCREASE THE FLOOR AREA RATIO FROM 1.99 TO 2.0 AND TO AMEND CONDITION OF APPROVAL IN SECTION 7 SUBSECTION 5(III) TO PROVIDE FOR RELEASE OF THE CONDITION UNDER CERTAIN CIRCUMSTANCES, FOR THE DEVELOPMENT OF A RETAIL/OFFICE/ASSISTED LIVING FACILITY LOCATED AT 21290 BISCAYNE BOULEVARD IN THE CITY; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Regular Meeting Agenda Apri16, 2021 ORDINANCE/FIRST READING: D. 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 1.55 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD, LOCATED AT 20955 BISCAYNE BOULEVARD, AS LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE, FROM OP,OFFICE PARK DISTRICT TO B2, COMMUNITY BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES — FIRST READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.1 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ADD TO THE BUSINESS AND OFFICE LAND USE CATEGORY, RESIDENTIAL USES IN THE MO, MEDICAL OFFICE DISTRICT, ZONING CATEGORY AND CONTIGUOUS BUSINESS AND OFFICE DESIGNATED LANDS AND PERMIT AN INCREASED FLOOR AREA RATIO FOR DEVELOPMENTS THAT DEDICATE CERTAIN LANDS TO THE CITY FOR PUBLIC ROAD PURPOSES AND CONSTRUCT THE ROAD AT THE OWNER'S OR DEVELOPER'S EXPENSE, BOTH SUBJECT TO CONDITONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-144, "BUSINESS ZONING DISTRICTS", SUBSECTION (a), "PURPOSE",AND SECTION 31-144, SUBSECTION (f), "MEDICAL OFFICE (MO) DISTRICT", TO ALLOW MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 57 DWELLING UNITS PER ACRE AND A MAXIMUM OF 2.49 FLOOR AREA RATIO FOR DEVELOPMENTS THAT DEDICATE LAND TO THE CITY FOR PUBLIC ROAD PURPOSES AND CONSTRUCT THE ROAD AT THE OWNER'S OR DEVELOPER'S EXPENSE, SUBJECT TO CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2020/2021 FISCAL YEAR BY REVISING THE 2020/2021 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS Page 3 of 4 Aventura City Commission Regular Meeting Agenda April 6, 2021 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS Meeting dates,times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held either at the City of Aventura Government Center(19200 West Country Club Drive,Aventura)or via virtual communications media technology as designated on the applicable agendas.Please monitor the City's website for procedural changes necessitated by the COVID-19 emergency. COMMISSION REGULAR WORKSHOP-APRIL 15,2021 FOLLOWING 9 AM SCHOOL GOVERNING BOARD MTGS. COMMISSION REGULAR MEETING-MAY 4,2021 AT 6 PM COMMISSION REGULAR WORKSHOP-MAY 20,2021 AT 9 AM 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 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: April 2, 2021 SUBJECT: Approval of Minutes April 6, 2021 City Commission Meeting Agenda Item 5A RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held in March 2021. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • March 2, 2021 City Commission Regular Meeting • March 18, 2021 City Commission Regular Workshop Meeting Should you have any questions, please contact me. /elh attachments Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR MEETING MINUTES MARCH 2, 2021 6:00 P.M. Virtual Meeting Via Video Conferencing 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6.00 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Robert Shelley, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. The meeting was held via video conferencing through Zoom, as specified on the meeting agenda and as a result of the state of emergency due to COVID-19. Members of the public were given instructions for providing comments. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Introduction of Melonie Burke, Intergovernmental Affairs Liaison Office of Miami-Dade County Mayor Daniella Levine Cava: Mayor Weisman introduced Melonie Burke, who then provided comments. • Aventura City of Excellence School Update from Principal Tyrkala: Principal Anthony Tyrkala and Student Ricardo Alonso both provided brief reports on ACES. • Don Soffer Aventura High School Update from Principal McKnight: Principal David McKnight provided a brief report on DSAHS. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda was offered by Vice Mayor Shelley, seconded by Commissioner Friedland, and passed unanimously by roll call vote. The following action was taken: Aventura City Commission Regular Meeting Minutes March 2, 2021 A. Minutes approved as follows: • February 2, 2021 City Commission Regular Meeting • February 18, 2021 City Commission Regular Workshop Meeting B. Resolution No. 2021-13 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF- WAY ON BISCAYNE BOULEVARD FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI-DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2021-14 as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD FOR A ONE- YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2021-15 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ART IN PUBLIC PLACES ADVISORY BOARD FOR A TWO- YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2021-16 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF A MEMBER TO THE DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION, INC. BOARD OF DIRECTORS FOR THE REMAINDER OF A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. F. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $10,000 TO THE DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION TO SUPPORT LAW ENFORCEMENT PROGRAMS AND INITIATIVES FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. Page 2 of 4 Aventura City Commission Regular Meeting Minutes March 2, 2021 G. Motion approved as follows: MOTION TO RECEIVE THE CITY OF AVENTURA FLOOD INSURANCE ASSESSMENT REPORT DATED JANUARY 2021 AS ATTACHED AND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. H. Resolution No. 2021-17 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, URGING THE FLORIDA LEGISLATURE TO APPROVE FLORIDA SENATE BILL 334 OR FLORIDA HOUSE BILL 239,BOTH OF WHICH AMEND THE FLORIDA CLEAN INDOOR AIR ACT TO ALLOW COUNTIES AND MUNICIPALITIES TO FURTHER RESTRICT SMOKING AT PUBLIC BEACHES AND PARKS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. I. Resolution No. 2021-18 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY;DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. J. Motion approved as follows: MOTION TO ACCEPT FOR FILING OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2020 AND THE LETTER DATED FEBRUARY 24,2021 ATTACHED HERETO AS ATTACHMENT A. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None. 7. ORDINANCES - FIRST READING/PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2020/2021 FISCAL YEAR BY REVISING THE 2020/2021 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Dr. Marks and seconded by Commissioner Evans. Mr. Wasson reviewed the mid-year budget amendments, as outlined in the agenda. Page 3 of 4 Aventura City Commission Regular Meeting Minutes March 2, 2021 Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING DIVISION 6, "ARTS IN PUBLIC PLACES ADVISORY BOARD" OF ARTICLE III, CHAPTER 2 OF THE CITY CODE TO REVISE THE COMPOSITION OF THE ART IN PUBLIC PLACES ADVISORY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Evans and seconded by Commissioner Landman. Mr. Wasson explained the revision in the composition of the Board, to provide for five resident members. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2021-02 was adopted. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS: None. 11. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public comments. The following members of the public provided comments: Howard Weinberg (3370 NE 190 Street, Aventura). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Evans, seconded by Commissioner Narotsky, and unanimously approved; thus, adjourning the meeting at 6:36 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on April 6, 2021. Page 4 of 4 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR WORKSHOP MEETING MINUTES MARCH 18, 2021 9:00 a.m. Virtual Meeting Via Video Conferencing The meeting was held via video conferencing through Zoom, as specified on the meeting public notice and agenda, as a result of the continued COVID-19 state of emergency. 1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid Weisman at 9:03 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Robert Shelley, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland', Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. Presentation: Aventura Police Department Community Advisory Panel (APDCAP) (City Manager): Mr. Wasson explained the presentation to provide information to the Commission regarding the Panel, which enhances the relationship between the community and the police department. Police Chief Bryan Pegues provided a brief overview of the Panel and its creation. Michael Stern, APDCAP Chair, provided a presentation explaining the initiative, which included the following: Mission, How It All Started, Teamwork, Accomplishments, Current & Future Initiatives, Social Media, Goal, and Questions. The Panel consists of Cindy Orlinsky, Michael Stern, Aletha Player, Rabbi Guido Cohen, Yvonne Llauger, and Amit Bloom. The Commission provided comments including appreciation of the Panel, promoting their efforts, and a portion of the money raised during their fundraising efforts going to the high school. Chief Pegues additionally discussed the new department K-9, staffing, and recent cases closed. City Manager Summary: This item was provided for informational purposes. 3. Discussion: Donation of Axiom Sculpture — Aventura Hospital and Medical Center(City Manager): Mr. Wasson reported that the item was tabled at the Art in Public ' Commissioner Friedland arrived during the APDCAP Presentation. Aventura City Commission Regular Workshop Meeting Minutes—March 18, 2021 Places Advisory Board Meeting, to allow for the Board to review the available spaces for art throughout the City. City Manager Summary: Mr. Wasson will place this item on a future agenda, once the Art in Public Places Advisory Board provides a recommendation. 4. Review: Budget Hearing Dates (City Manager): Mr. Wasson suggested that the City's budget hearings be scheduled for the following dates/times: September 13, 2021 at 6:00 p.m. for the first hearing and September 23, 2021 at 6:00 p.m. for the second hearing. City Manager Summary: It was the consensus of the City Commission for the First Budget Hearing to be scheduled for September 13, 2021 at 6:00 p.m. and for the Second Budget Hearing to be scheduled for September 23, 2021 at 6:00 p.m. 5. Review: Terms of Service for Appointed City Boards (City Manager): Mr. Wasson reviewed the terms of service for the Boards and suggested that the terms be reviewed to attain continuity of duration and appointment/termination dates. The Commission discussed two-year term lengths and the possibility of staggering the terms of the members on each Board. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to provide a recommendation at a future workshop. 6. Discussion: Resolution in Support of Home Rule (Mayor Weisman): Mayor Weisman discussed the current threat to home rule by the legislators in Tallahassee and requested that the Commission support the League of Mayors in considering a letter and/or resolution supporting home rule. The Commission was urged to follow the bills, specifically the one dealing with the bright futures scholarship, and to encourage their constituents to write letters and make phone calls to the Florida legislators. City Manager Summary: It was the consensus of the City Commission for Mr. Wolpin to provide letters for the Commission to send and for Mr. Wasson to also place a resolution on the April 6, 2021 City Commission Agenda. 7. Update: COVID-19 (City Manager): Mr. Wasson reviewed the City's current policies regarding COVID-19 and provided an update on park hours, upcoming movie night, and the splash pad. The following additional items were discussed: Emergency Info Plan: Former Senator Ronald Silver, accompanied by John Pastore and Matt Melton — Emergency Info Plan, provided a presentation explaining how medical information can be stored on cell phones for access by first responders during emergencies, as well as providing notification to emergency contacts. Page 2 of 3 Aventura City Commission Regular Workshop Meeting Minutes—March 18, 2021 City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to obtain additional information for a proposal for Aventura. Mr. Wasson provided information on the Miami-Dade County Water and Sewer Department project on Island Boulevard and N.E. 183rd Street, with street closures anticipated for two months. A video showing the closed area will be provided online and to affected buildings to distribute to their residents. 8. Adiournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 10:15 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on April 6, 2021. Page 3 of 3 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson(9L City Manager DATE: April 2, 2021 SUBJECT: Consultant Retainer Agreement with Joanne Carr April 6, 2021 City Commission Meeting Agenda Item 5B RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to enter into the attached Consultant Retainer Agreement between the City and Joanne Carr. BACKGROUND The Community Development Director will be retiring from her position on May 31, 2021 after twenty-two years with the City. To facilitate the smooth transition of departmental operations and services to the next Director, it is recommended that the City enter into a consulting agreement in the form attached to this memorandum. The agreement provides that Ms. Carr will be available to the City Manager and Community Development Director, to advise and provide institutional knowledge on matters related to the Community Development Department and the City as a whole. The City will compensate Ms. Carr in the amount of$1,000 per month for this service. The agreement is for one year beginning June 1, 2021 and may be terminated by either party at any time during the one-year term, upon 30 day notice by email or written correspondence. RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO AN AGREEMENT BETWEEN THE CITY OF AVENTURA AND JOANNE CARR FOR CONSULTING SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into that certain Agreement attached hereto between the City of Aventura and Joanne Carr for consulting services. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 6t" day of April, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2021. City Clerk Page 2 of 2 CITY OF AVENTURA CONSULTANT RETAINER AGREEMENT THIS AGREEMENT is made and entered into this day of May, 2021, by and between the City of Aventura, a municipal corporation of the State of Florida ("City') and Joanne Carr, ("Consultant"), collectively referred to as the "Parties". WHEREAS, Joanne Carr will be retiring from the City on May 31, 2021 after having served in the City's Community Development Department for the past 22 years; and WHEREAS the City wishes to retain the professional consulting services of the Consultant to facilitate the smooth transition of City Community Development Department operations and services to the next Community Development Director("CD Director"). IN CONSIDERATION of the Consultant providing her expertise and services and the City receiving and providing compensation for such expertise and services,the Parties agree to the following: 1. SERVICES. The Consultant agrees to be available to the City Manager and CD Director to advise and provide institutional knowledge on matters related to the Community Development Department and the City as a whole.The City agrees to allow the Consultant to retain possession of a laptop to be provided by the City for research or work that may be produced by the Consultant pursuant to this Agreement. 2. FEE FOR SERVICE. The City shall pay to the Consultant, on the first day of each month, the sum of ONE THOUSAND DOLLARS ($1,000) for services during the previous month. Payments shall be electronically deposited to the Consultant's bank account. Consultant shall provide bank details to the City. 3.TERM AND TERMINATION. This Agreement shall commence on June 1, 2021 and end on May 31, 2022. Either Party may terminate this Agreement at any time during this term by providing the other Party with a thirty(30) day notice by email or written correspondence. 4. COMPLIANCE WITH LAW. The Consultant hereby warrants and represents that at all times during the term of this Agreement, she shall comply with all applicable laws, including but not limited to the Public Records Act. 5. INDEMNIFICATION. a. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, agents and employees from and against all liability, suits, actions, damages, costs, losses and expenses, including reasonable attorneys' fees, demands and claims for personal injury, bodily injury or death or damage or destruction of property,arising out of the intentional misconduct of the Consultant in the performance of the services pursuant to this Agreement. b. Consultant shall be protected from personal liability for tort claims related to the performance of the services to the fullest extent authorized by Section 768.28(9)(a), Florida Statutes, as an agent of the City for the limited purposes of this Section 5b. This provision is intended to provide that the Consultant would be protected against tort claims and suits by third parties to the same extent as a city agent or employee would be protected. c. Nothing in this Agreement shall be deemed or treated as a waiver by the City of any immunity to which it is entitled by law, including but not limited to the City's sovereign immunity as set forth in Section 768.28, Florida Statutes. 6. NOTICE Any notice given under this Agreement shall be made in writing to the address or email address below. IN WITNESS THEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. CITY OF AVENTU RA, FLORIDA 19200 West Country Club Drive ATTEST: Aventura, FL 33180 wassonr@cityofaventura.com By: By: Ellisa L. Horvath, City Clerk Ronald J. Wasson, City Manager Date: APPROVED AS TO FORM AND LEGAL CONSULTANT SUFFICIENCY FOR CITY'S RELIANCE ONLY: 5506 Yarmouth Lane Sarasota, FL 34233 ioanne.carrconsulting@gmail.com By: By: David Wolpin, Esq., City Attorney Joanne Carr Date: CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson G—�L City Manager DATE: April 2, 2021 SUBJECT: Resolution Urging Florida Legislature to Oppose Erosion of Home Rule Authority April 6, 2021 City Commission Meeting Agenda Item 5C RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution urging Florida Legislature to oppose erosion of Home Rule Authority. BACKGROUND The Florida Legislature has in recent years increasingly implemented legislation that restricts municipal and county Home Rule Authority by preempting and prohibiting local governments from implementing regulations on a variety of matters. The City Commission finds that these efforts to erode local government Home Rule Authority conflict with the right and ability of local governments to protect and improve their communities and environments. The City desires to express its support of the efforts by the Florida League of Cities and the Florida League of Mayors to combat the erosion of local government Home Rule Authority in Florida, and respectfully urges the Florida Legislature to reject legislation that attacks local government Home Rule Authority. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1973-21 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REJECT LEGISLATION THAT ERODES LOCAL GOVERNMENT HOME RULE AUTHORITY; EXPRESSING SUPPORT FOR THE FLORIDA LEAGUE OF MAYORS' AND THE FLORIDA LEAGUE OF CITIES' EFFORTS TO PROTECT LOCAL GOVERNMENT HOME RULE AUTHORITY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has in recent years increasingly implemented legislation that restricts municipal and county home rule authority by preempting and prohibiting local governments from implementing regulations on a variety of matters; and WHEREAS, recent examples include the preemption of local government authority to regulate plastic bags, plastic straws, and vacation rentals, among other areas; and WHEREAS, current examples of proposed Florida legislation infringing on local government home rule include: Senate Bill 284, relating to the preemption of municipal zoning and development regulations; Senate Bill 426, relating to the preemption of regulation of commerce in seaports; and House Bill 219, relating to the preemption of short-term rental regulations; and WHEREAS, the City Commission of the City of Aventura ("City") finds that the Florida Legislature's efforts to erode local government home rule authority conflict with the right and ability of local governments to protect and improve their communities and environments; and WHEREAS, the deterioration of home rule authority is contrary to the principle of subsidiarity, which emphasizes the importance of having the government closest to the people provide government services and regulations because of local government responsiveness to the will of the voter and the needs of the people; and WHEREAS, the City desires to express its support of the efforts by the Florida League of Cities (the "FLC") and the Florida League of Mayors (the "FLM") to combat the erosion of local government home rule authority in Florida, and respectfully urges the Florida Legislature to reject legislation that attacks local government home rule authority. City of Aventura Resolution No. 2021- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Urging Florida Legislature; Expressing Support of FLC and FILM. The City Commission hereby urges the Florida Legislature to reject legislation that erodes local government home rule authority. The City Commission further expresses its support for the efforts to protect local government home rule authority in Florida by the FLC and the FLM. Section 3. Transmittal. The City Commission hereby directs the City Clerk to transmit a copy of this Resolution to the Florida Senate President Wilton Simpson, the Speaker of the Florida House of Representatives Chris Sprowls, State Representative Joseph Geller, State Senator Jason Pizzo, the Miami-Dade County Legislative Delegation, the FLC, the FLM, the Miami-Dade County League of Cities, the Broward County League of Cities, and all municipalities in Miami-Dade County. Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 6t" day of April, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er —� BY: Antonio F. Tomei, Capital Projects Manager THRU: Joseph S. Kroll, Pubic Works & Transportation Director DATE: April 2, 2021 SUBJECT: Bid No: 21-03-23-3 — Peace Park Restroom Improvements April 6, 2021 City Commission Meeting Agenda Item 5D RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 21-03-23-3, Peace Park Restroom Improvements to the lowest responsible and responsive bidder, ABS General Contractors, Inc. for the price of $175,309.61. This project will be funded by Budget Line Item Number 001-8050-572-6327. BACKGROUND In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on March 23, 2021. The City received two (2) bids for this project. *ABS General Contractors, Inc. $ 175,309.61 Danto Builders, LLC $ 206,437.76 *The low bid total amount indicating $175,309.61 on the ABS General Contractors, Inc., bid submittal reflects a $20,000 deduction per review of the stipulated Allowance for City of Aventura Police from $25,000 to $5,000. This bid price allows for furnishing of all design, labor materials, tools, equipment, machinery, superintendence, mobilization, installations and services necessary for the construction a unisex restroom at the Peace Park facility. Budget Amount - $125,000 If you have any questions or need any additional information, please feel free to contact me. Klmley))) Horn April 5, 2021 City of Aventura Antonio Tomei, Capital Projects Manager 19200 West Country Club Drive Aventura, FL 33180 Re: City of Aventura Peace Park Restroom Improvements City ofAventura Bid No. 21-03-23-3 Bid Recommendation 043508120 Dear Mr. Tomei: The City of Aventura(City) advertised the Peace Park Improvements Project on February 26, 2021. A pre-bid meeting was held on March 9,2021 to discuss the project with potential bidders,and on March 23,2021 bids were publicly opened and read.The project primarily includes the installation of a unisex pre-engineered restroom building and the associated site improvements(landscaping,water,sewer and electrical service) at the Peace Park facility. The project also includes roadway,curbing, sidewalk, and site restoration. The following is a bid summary of the Total Bid Amounts for the two (2) bidding contractors: 1. ABS General Contractors, Inc. $ 195,309.61 2. Danto Builders, LLC $ 206,437.76 Kimley-Horn has been asked to review the bids and provide a recommendation of award.Based on the results of the bid,the apparent low bidder is ABS General Contractors,Inc. with a total bid amount of $195,309.61. The Florida DBPR Online Services website shows a Certified General Contractor (GC) license currently registered with the Florida Department of Business and Professional Regulation for Ana M. Salazar who is listed as the President of ABS General Contractors, Inc. Kimley-Horn called the three (3)references provided by the contractor. All three (3)references were overly satisfied with the Contractor's performance and would utilize their services again. As a result, the recommendation is to award this contract to ABS General Contractors,Inc. as the lowest,responsive bid. Upon further review of the Schedule of Values in Section 00410,the City has determined to reduce line item number 107,the Allowance for the City of Aventura Police,to$5,000 from the original allowance of$25,000. Therefore, the total bid price provided by ABS General Contractors, Inc. shall be reduced by $20,000,resulting in a final bid award of$175,309.61. The schedule of this contract is an important element of the project. Therefore, there is a liquidated damages section of the contract that can be enforced if the Contractor's actual construction activities extend beyond the proposed schedule. The schedule is to have all work completed within 90 calendar days from the Notice to Proceed date. The liquidated damages are set at$1,000.00 per day. City of Aventura Klmley))) Horn Peace Park Restroom Improvements Bid Recommendation,Page 2 I would like to thank the City of Aventura for their assistance in bidding this project, and we look forward to proceeding into the construction phase. If you have any questions or need any additional information,please contact me at(954) 535-5137. Sincerely, KIMLEY-HORN&ASSOCIATES, INC. Marissa Maring,P.E. Project Manager Copy To: File K:AFTL_Civi1\043 jobs\043508120 Peace Pk Reshoom\Bid documents\Bid Reconmiendalion\Bid Reconmiendation-Peace Parkdocx SECTION 00410 SCHEDULE OF VALUES—BIDDER'S COMPANY NAME: ABS GENERAL CONTRACTORS fNC Time to Substantial Completion: 60 calendar days upon issuance of the Notice to Proceed. Time to Final Completion: 30 calendar days. TOTAL CONTRACT TIME = 90 C4LENDAR DAYS Pay Estimated Description Unit Unit Price Extended Item Quantity Price GENERAL 100 1 Mobilization (5% of Construction Cost) LS $ 33,976.80 $ 33,976.80 101 1 Maintenance of Traffic (5%of Construction Cost) LS $ 6,449.30 $ 6,449.30 102 1 Storm Water Pollution Prevention Plan LS $ 5,858.70 $ 5,858.70 103 1 Clearing and GrubbingiDemolition LS $ 9,111.30 $ 9,111.30 104 1 Adjusting Existing Utility Covers LS $ 6,016.73 $ 6,016.73 105 1 Site Restoration LS $ 12,811.48 $ 12,811.48 106 1 Permits LS $ 6,715-50 $ 6,715.50 107 1 Allowance for City of Aventura Police AL $25,000 $ 25,000.00 CIVIL SITE 108 15 Remove& Dispose of Existing Type'F' Curb & LF $ 18.15 $ 272.25 Gutter 109 10 Remove& Dispose of Existing Concrete (up to 6") SY $ 54.45 $ 544.50 110 45 12" Stabilized Subgrade SY $ 30.25 $ 1,361.25 ill 25 Limerock Base SY $ 30.25 $ 756.25 112 25 Asphaltic Concrete Friction Course SP9.5, I"thick SY $ 66.55 $ 1,663.75 113 15 Type F'Curbing LF $ 30.25 $ 453.75 114 10 Concrete Sidewalk, 4"thick SY $ 71.874 $ 718.74 115 10 Galvanized 6' High Picket Fence LF $ 84.70 $ 847.00 116 10 Concrete Foundation Pad, 6"thick SY $ 435.60 —4,356.00 117 1 Pre-Engineered Restroorn Building LS $ 523538.00 $52,538.00 WATER AND SEWER Peace Park Restroom Improvements City of Aventura Bid No.21-03-23-3 KHA Project No.043508120 00410-4 11*8 1 1%­x 1" Corporation Stop EA $ 1,391.50 $ 1,391.50 119 10 1" HDPE Service Line LF $ 278-30 $ 2,783.00 120 2 1"Gate Valves EA $ 695.75 $ 1,391.50 121 2 6" PVC (C-900) Sanitary Sewer Cleanout EA $ 937.75 $ 1,875.50 122 50 6') P (C-900) Sanitary Sewer Lateral LF $ 129.11 123 1 8"x6" PVC(C-900) Sanitary Sewer Wye EA $ 1,936.00 $ 1,936.00 SIGNING & MARKING 124 30 Thermoplastic, Standard, White, Solid 6" LF $ 13.31 $ 399.30 LANDSCAPING 125 11 Red Trip Cocoplum (30"x30") EA $ 42.95 $ 472.51 126 500 Floratam St. Augustine Grass SF $ 1,51 $ 756.25 ELECTRICAL 127 1 60A, 2-pole Breaker EA $302.50 $302.50 128 I 60A MLO IOKAIC rated 1-phase, NEMA 3R LF $1,270.50 $1,270.50 240/120V Panel 129 200 1-1/2" PVC Schedule 40 Conduit LF $6.29 $1,258.40 130 600 #4 AWG Copper Conductor LF $3.63__ $2,178.00 131 200 #10 AWG Copper Conductor LF $1.21 $242.00 132 200 Trenching LF $14.52 $2,904.00 133 20 1-1/2" Rigid Galvanized Steel Conduit LF $12.10 $242.00 TOTAL EXTENDED PRICE $ 195,309.61 Peace Park Restroom improvements City of Aventura Bid No.21-03-23-3 KHA Project No.043508120 00410-5 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-03-23-3, PEACE PARK RESTROOM IMPROVEMENTS, TO ABS GENERAL CONTRACTORS, INC. AT THE BID PRICE OF $175,309.61; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 21-03-23-3, Peace Park Restroom Improvements; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that ABS General Contractors, Inc. has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 21-03-23-3, Peace Park Restroom Improvements, is hereby awarded to ABS General Contractors, Inc. in the amount of $1757309.61. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and City of Aventura Resolution No. 2021- specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001-8050-572-6327. Section 5. This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 6t" day of April, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: April 2, 2021 SUBJECT: Resolution Declaring Equipment as Surplus April 6, 2021 City Commission Meeting Agenda Item 5E RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1974-21 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 6t" day of April, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Karen J. Lanke, Information 'ch ology Director DATE: April 2, 2021 SUBJECT: Surplus Computer Equipment I am requesting that the computer related equipment listed on the attached be declared surplus property as the equipment no longer meets the needs of the City. Many of the applications used by the City have minimum hardware, operating system and/or software requirements that computing equipment must meet or exceed. If those requirements cannot be satisfied by existing equipment, the equipment is no longer suitable for City use. In addition, equipment that cannot be repaired and/or is no longer supported by the vendor should be surplused. Please let me know if you have any questions regarding this request. Attachment City of Aventura Computer Equipment Inventory Brand Model Qty Serial Number Type AJA Analog video converter 2 AV Equipment APC Back-UPS Pro 700 3 UPS Camera Brackets 3 Coby TFT1925 1 0091499-1000442 TV Coby TFT1926 1 0102499-2004346 TV Coby TFT1927 1 0102499-2004329 TV Coby TFT1928 1 0102499-2004339 TV Coby TFT1929 1 0102499-2004324 TV Coby TFT1930 1 1022577-0002601 TV Color Quad Processor 1 AV Equipment DBX 1315V 1 12000287475 AV Equipment Dell 1704FPTt 1 CN-OY4299-71618-551-BJZD Monitor Dell Dimension 4500 1 4ZXTK11 Desktop Dell E170Sb 1 CN-OJCT73-74261-27A-2LLU Monitor Dell Optiplex 7040 1 GT69RD2 Desktop Dell Optiplex7010 1 GQNY9Y1 Desktop Dell Power Edge R420 1 BZ8G3W1 Server Elmo P100 1 152075 Document Camera Extron Crosspoint Switcher 1 677182 AV Equipment Extron Lancia XI 1 614882 AV Equipment Extron Lancia XI 1 533398001 AV Equipment Extron Lancia XI 1 560004041 AV Equipment Extron RGB 440 Interface 2 AV Equipment Extron VSC 100 1 AV Equipment Fujitsu ScanSnapix500 1 Al3BC03607 Scanner JVC TM2003U 1 7914152 DVD Player MC2 Mic Combiner 1 AV Equipment NEC VT595 1 7502873FD Projector Panasonic AW-HE50 1 KOTYA0201 Camera Panasonic AW-HE51 1 KOTYA0010 Camera Panasonic AW-HE52 1 LOTYA0207 Camera Panasonic AW-HS50 1 JOTYA0085 Camera Panasonic AW-PH300AP 1 FlAPP34Z Camera Panasonic AW-PH300AP 1 JOA0172Z Camera Panasonic AW-PH300AP 1 LOA0015Z Camera Panasonic AW-RP50 1 IOTYA0048 Camera Panasonic AW-RP5050 1 LOTVA0018 AV Equipment Panasonic E300 1 KOTA0006 Camera Panasonic E300 1 KOTV0045 Camera Panasonic HB505 1 JOTA0049 Camera Controller Panasonic PT-DZ6700U 1 SH1126033 Projector Panasonic 4 Power Adapter Panja Axcent AMX 1 9552053500466.00 AV Equipment Panja AXM-LC 1 90830P3000008 AV Equipment Panja Power Control 3 AV Equipment Panja ViewPoint 1 59611000312306 AV Equipment PC Speaker w Subwolfer 1 Speakers Remote Controllers 8 AV Equipment Samsung SVP-6000 1 AV Equipment Sanyo Projector 1 Projector Sharp VCR 1 1712032 VCR Sharp VCR 1 6711378 VCR Sharp XA-920 1 10712020 VCR Sharp XA-920 1 105713372 VCR Shinybow SB-1108 1 34578 AV Equipment Shinybow SB-3706BNC 1 41035 AV Equipment Shure DFR11 EQ 1 R5-02217861 AV Equipment Shure Microfex Mic 11 AV Equipment Shure SCM810 1 14423303 AV Equipment Shure SCM810 1 144223303 AV Equipment Shure SCM811 1 2238186 AV Equipment Shure Shure LX4 1 525010643 AV Equipment Shure Shure LX5 1 108030054 AV Equipment Shure SM58 Wireless Mic 2 AV Equipment Toshiba SD-4100 1 RC13333320 DVD Player TV Brackets 5 Videonics MXPro 1 206404 Camera Controller Videonics Titlemaker 3000 1 330676 AV Equipment Wall Clock 1 Clock Page 1 of 1 3/29/2021 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson —' City Manager BY: Joanne Carr, AICP Community Development Director DATE: April 2, 2021 SUBJECT: Request for Conditional Use Approval Pursuant to Sections 4-2(a) and 4- 2(b) of the City Code to Permit Service and Sale of Beer and Wine at Macaroons and More LLC, doing business as Laduree in Tenant Space #069, Aventura Mall, 19501 Biscayne Boulevard, Aventura City Application File Number CUP2102-0002 April 6, 2021 City Commission Meeting Agenda Item 6A RECOMMENDATION It is recommended that the City Commission approve the request for Conditional Use Approval to permit service and sale of beer and wine at Laduree in Tenant Space #069 of the Aventura Mall located at 19501 Biscayne Boulevard, Aventura, subject to the following conditions- 1. Beer and wine may be sold and served to patrons seated at tables in the Mall corridor adjacent to the tenant space only in conjunction with the service of food. Discontinuation of food service from the tenant space shall terminate this approval to sell and serve alcoholic beverages. 2. Customers will not be permitted to consume the glass of wine or beer away from the corridor tables. 3. Purchase of sealed bottles for off-premises consumption is permitted pursuant to applicable State alcoholic beverage license. 4. This approval is granted exclusively to Macaroons and More LLC, doing business as Laduree, in Aventura Mall Tenant Space #069 and may not be transferred to another owner and/or operator of the space. 5. The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. 6. The applicant shall obtain a 2COP alcoholic beverage license from the State of Florida and begin sales and service of beer and wine within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 7. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over-served at other establishments 8. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community or to Mall patrons and/or that the applicant has violated any condition of this approval. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. 9. Any discontinuation of the sales and service of beer and wine for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. THE REQUEST The applicant, Macaroons and More LLC, doing business as Laduree, is requesting conditional use approval pursuant to Sections 4-2(a) and 4-2(b) of the City Code to permit sales and service of beer and wine from Tenant Space #069 on the first level of the Aventura Mall in the Nordstrom wing, located at 19501 Biscayne Boulevard, Aventura, notwithstanding the distance and spacing requirements of Chapter 4 of the City Code. (See Exhibit#1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Mall Venture APPLICANT Macaroons and More LLC Doing business as Laduree ADDRESS OF PROPERTY 19501 Biscayne Boulevard, City of Aventura (See Exhibit#2 for Location Map) LEGAL DESCRIPTION Part of Tract Q, Aventura 6t"Addition, according to the plat thereof recorded in Plat Book 120, Page 20 of the Public Records of Miami-Dade County, Florida (See Exhibit#3 for complete legal description) Zoning — Subject Property: B2 Community Business District Properties to the North: B2 Community Business District, and CF Community Facilities District Properties to the South: B2 Community Business District 2 Properties to the East: B2 Community Business District Properties to the West: U Utilities District Existing Land Use — Subject property: Regional Mall Properties to the North: Library & Fire Station Properties to the South: Retail & Office Properties to the East: Retail, Office & Hotel Properties to the West: FEC Railway Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office The Site - The Laduree tenant space is located on the first level of the Aventura Mall in the Nordstrom wing. The seating area is located in the Mall corridor adjacent to the tenant space. A location plan is attached as Exhibit#4. The Project - The applicant is requesting conditional use approval pursuant to Sections 4-2(a) and 4-2(b) of the City Code to permit sales and service of beer and wine at the counter and seating area. The 2COP liquor license allows package sales for off-premises consumption in sealed containers only. The tenant space has approximately 597 square feet of floor area, with forty-four (44) seats at tables in the Mall corridor opposite the space. Photographs of the store and seating area are attached as Exhibit#5 and #6. The Laduree menu includes soups, sandwiches, salads, pastries, ice cream and beverages. This establishment is considered as a cafe or kiosk for the purposes of Chapter 4 of the City Code, as it does not have a full kitchen and menu items are light meals and snacks. Chapter 4 provides that conditional use approval is required for service and sale of alcoholic beverage at cafes and kiosks. Although each conditional use approval application is unique and approval is based on its own merits, the following is provided for City Commission's information. Four other cafes/kiosks in the Aventura Mall; namely, Caviar & More!, Beluga Bar, Piacere News & Cafe and Quore Gelato, have previously received similar conditional use approval by the City Commission to sell and serve alcoholic beverages. To date, the City has not received any complaint from the public regarding those approvals. The proposed conditions of approval restricting consumption to on-premise, staff training to ensure no under-age or over-served customers may purchase alcohol and termination of the use if food service is discontinued or if the use is determined to cause a disturbance will limit any adverse effects on patrons of the mall. 3 ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura's Comprehensive Plan. The future land use designation for the parcel is Business and Office. Public Hearing Notice - Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no written citizen comments as of the date of writing of this report. Community Development Department Analysis - The applicant wishes to serve and sell beer and wine for on-premises consumption only in conjunction with food service and in sealed containers for off-premises consumption at its cafe in the Aventura Mall. Section 4.2 of the City Code provides that: "(a) Distance from other establishments. Unless approved as a conditional use, no premises shall be used for the sale of any alcoholic beverages, as defined here, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 1,500 feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The 1,500 feet distance requirements shall be measured by following a straight line from the nearest portion of the structure or place of business. (b) Distance from religious facility or school. Unless approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than 2,500 feet from a religious facility or school ..." A liquor survey is required to show spacing and distance to other establishments with an alcoholic beverage use and to religious facilities and schools. The applicant has submitted the liquor survey attached as Exhibit #7. The survey reveals eight (8) establishments with an alcoholic beverage use, that are not one of the uses excepted from the spacing requirements of the City Code, within 1,500 feet, two (2) religious facilities and 2 (two) schools within 2,500 feet. Subsection (e) of Section 4.2 provides for exceptions to spacing and distance requirements for private clubs, restaurants in the B1 and B2 zoning districts, cocktail lounges in restaurants, beer and wine sold as a grocery item, bowling alleys, hotels and motels, golf course clubhouses, tour boats, tennis clubs and not-for-profit theatres with live performances. The exemption for restaurants is only for full service restaurants, that is, restaurants that serve cooked, full course meals, daily prepared on the premises are exempt from the distance and spacing requirements. This exemption; however, does 4 not include cafes and/or kiosks that serve light meals, snacks and/or hot and cold beverages. Laduree is not a full service restaurant as defined in Chapter 4 of the City Code, but rather, it is a caf6 that serves light meals, snacks and beverages similar to other cafes and kiosks in the Mall that have previously applied for and received conditional use approval. Conditional use approval is required in order to comply with Section 4.2(a)above because the applicant's place of business does not meet the distance and spacing requirements and the use is not one of the exceptions in the Section 4.2 (e). Criteria The following is staff's evaluation of the proposed use using the criteria for approval of conditional uses found in Section 31-73(c) of the City's Land Development Regulations. 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Business and Office. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed service and sale of beer and wine will not be detrimental to or endanger the public health, safety or general welfare. The conditions that consumption of the alcoholic beverage by glass will be restricted to on-premise, staff training to ensure under-age or over-served customers will be identified and that the use may be terminated by the City Manager if the use creates a disturbance or is operated in violation of the conditions of this approval will provide safeguards to ensure that the use will not be detrimental. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed use is comprised of retail, restaurant, office, hotel, commercial and medium and high-density residential uses. The proposed use is consistent with the community character of the immediate neighborhood. There are five (5) other establishments within the Aventura Mall that have a similar kiosk/caf6 with seating in the Mall corridor. To date, there have been no complaints from the public about these establishments. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. 5 The site is developed. The proposed use will not change the current levels of service required. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The site is developed. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the Aventura Mall is existing on Biscayne Boulevard, Aventura Boulevard and West Country Club Drive. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed use is an interior tenant space on the ground level of the Aventura Mall. Seating is located in the Mall corridor. The use will have no visual or other adverse effects on adjacent property. 6 ROS 4W ENTHAL ROSENTHAL February 3,2021 —RASCO ATTORNEYS AT LAW Ms. Joanne Carr Community Development Director 19200 West Country Club Drive Fourth Floor Aventura, FL 33180 Re: Macaroons and More, LLC dba Laduree Aventura Letter of Intent- Conditional Use Application Dear Ms. Carr: Please be advised that this office represents Macaroons and More, LLC, a Florida limited liability company, doing business as Laduree Aventura (Laduree"), a restaurant currently operating in Room 69, which consists of 597 square feet, at the Aventura Mall(See Exhibit 1). Laduree seeks to secure a Conditional Use to allow for the sale of beer, wine, champagne, et al ("Alcoholic Beverages"), utilizing a 2-COP Alcoholic Beverage License ("License"). Alan S. Rosenthal, Esq. ("Applicant") on behalf of Laduree seeks a Conditional Use pursuant to Section 4-2 of the City of Aventura's Land Development Regulations ("LDR's")to allow for the sale of alcoholic beverages where other establishments selling alcoholic beverages exist within 1,500 feet. Section 4-2 of the City's LDR's provide as follows: Unless approved as a conditional use, no premises shall be used for the sale of any alcoholic beverages as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 1,500 feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises:--T*",500feet-distance requn�»rents-shalllie memured byea straight line from the nearest portion of the structure of the place of business. A review of existing Aventura Mall Tenants selling alcoholic beverages within the Mall reflects that many are already serving alcohol less than 1,500 feet from one another, are doing so in a responsible manner and should continue to successfully do so should this Conditional Use request be approved. EXHIBIT 1 CUP2102-0002 One Aventura,20900 N.E.306 Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax:305.937.1311 Ms. Joanne Carr February 3, 2021 It is respectfully represented that the City's LDR's require the following standards to be considered in connection with Conditional Use approval: 1. The proposed use shall be consistent with the Comprehensive Plan. The proposed use is consistent with the goals and objectives of the Comprehensive Plan as the Mall houses a diverse collection of retail uses, particularly multiple restaurant uses, within the Business and Office Categories. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use will not be detrimental to, nor does it endanger the public's health, safety or general welfare. Laduree, in connection with the continuing operation of its restaurant intends to add alcoholic beverages to its diverse menu, a copy of which is attached hereto and made apart hereof(See Exhibit 2). The sale of alcoholic beverages by existing tenants in the Mall has not resulted in any adverse effects or issues in the past, and the granting of this Application will not change that record. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The Conditional Use for the sale of alcoholic beverages,particularly with the limitations of a 2-COP License, will continue to be consistent with the community character of the immediate neighborhood, the Aventura Mall, and all should continue to exist responsibly in the future. 4. Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the LDR's. Laduree, by virtue of its prior existence and operation should have no additional impact or demand on any levels ofservice contemplated by the LDR's. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Laduree, by virtue of its prior existence and operation, should have no additional impact on traffic. (W0553163.1) 2 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E.301'Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax:305.937.1311 Ms. Joanne Carr February 3„ 2021 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and Laduree, by virtue of its prior existence and operation, should have no impact on the development of surrounding properties. 7. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping, and other design criteria. Laduree, by virtue of its prior existence and operation, should have no impact on adjacent property through the use of building orientations, setbacks, buffers, landscaping or other design criteria. Predicated upon the foregoing responses to the LDR's requirements it is respectfully suggested that the request for a Conditional Use is warranted and should be granted. Respectfully submitted, ROSENTHAL ROSENTHA IJL� BY ASR:cw {W0553167 I) 3 Rosenthal Rosenthal Rasco LLC One Aventura, 20900 N.E. 300'Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 k � BROWARD COUNTY -- —` ■�a��■s�■��■�a E7517'6 V°E1 %rr Lori Wi Imm. ■moo■. ■■. INS DADE COUNTY '' U ■�"Y46��"eSd'�°6�4!1�'it�V7�i o Park rh �\ YA H LUB DR. ' 1 MARINA ■ :a Aveuturu �. HARBOR CIRCLE ' VE :■ Hospital .� WAY ■ :■ &Medical ■ Y Censer � Q I MA 1NERWA ■ :a ® ■ :■ �V l Waterways ■ �■ WATERWAYS Shoppes 207 ST. ■ �■ W ■ w COUNTRY CLUB DR. �■ The N 205 ■ Promenade ' ' shops cc) ■ IVES DAIRY RD. :a 203 ST. ;■ N d ■ 0 �■ 201 TER. m ■ -� :■ N o Turnberry Isle ■ m �■ m Resort do Club ■ Z :3 AVENTURA 0�-v0 / Q U Fire U o � Rescue Aventura m � ,■ Station 'brory Subject Site V� ; :e N �■ w4z a Aventura Mall z • �a City of Aventura O Y LOB hJ¢= :• .a Government Center A 6 192 ST. WILLIAM LE14M i 192 ST. ■ p¢ s ° 191 ST. :■ W ;e 190 MYSTtc ?C Lmhmann,s 1 ;■ Fashion W • 3 ° Island • ,e N 188ST. a MIAMI �• 33180 GARDENS DR. :• _ _. —._T._._._._..... 80. • '• 183 ST. Dumjoundling Bay a Atlantic .s 1a Ocean %• Little 2 y Williams %o Biscayne m sound • %• arbour 180 ST, ��e twoN Point n i� • %• lamp 9 2 • a ,■■a...n■.. aommomm. Sam LEGEND p % ' blouse •• ease �i Roadways , t i . . . . .. City Boundary f a • _'_• * — ZIP Code Boundary ■ * ......•.... Railroad 1 • lie r � ■ + EXHIBIT 2 CUP2102-0002 Resolution No. 2021- Page 4 EXHIBIT 3 CUP2102-0002 LEGAL DESCRIPTION OF PROPERTY The land referred to herein below Is shuaW In the County of Mfwnl` Daft, SUM of Roads, and is dencrtbed as fbkwm: PARCEL 1 Trod W.of AV9ffURA SIXTH ADDITION,aocordkv to the plat thereof, as recorded in Plat Book 120,Pape 20,of the Public Records of tdlami- [ss County, Florida. PARCEL 2 A portion of Tract 1W,of AVENTURA SIXTH ADDITION,acco m*g to 8hs plat thereof,as recorded In POW Book 120, Page 20,of the Public Records of MiamWDada County, Florida,descrbed as Mov a: Commence at the Northwest came of Section 3,Towi ship 52 South, Range 42 East,Miwn�D de County,Fbdda;ftnoe North 87.2rW East,along the North ine of saki Section 3 for 875.63 feat to a point on the oh rodne of AvenU rs Botriow d as shown an said pint of'Awentura Sbdh Adddi lord';thence South W3231"t act for 73.00 fiat to a point on the North tens of sal!Tired 001.thence South 870277r west,alaV Ste North line of said TnK*"2'for 12.W feet to a paint of c ualuna;thence Socrlhweebary and Sounwe"ary along the arc of said c una to the left having a radius of 50.00 feet and a cwftl arple of 881=4"for an arc distenoe of 78.1 a feet to the point of tangency being on the Wesisry Nne of Trid OW of'A aftra Fourth Adklitial",accordhp to do plat thereof, recorded in Plot Back 118.Pape 34.of the Public Records of Miami-Dade County, Florida;thence South 02M0 W Eeet along the Wastary line of said Trod*W for 423.52 fiat thence North B7052W Earl for 20.00 heat to the POINT OF BEGINNING of the folbwkv described tract of land; thence North 87"52W hart for 148.00 teat;thence North 4r62W East for 58.57 toast;thence North 02"07'fl5"West for 31.63 feet to a point of curvatuna;thence Northeasterly Wong the arc of said curve to the riplht having a radius of 325.00 be and a oenbai angle of?2W48.8"for an am dh tans of 411.13 feet to the point of t rhgancy;thence North 70'2DW.V Fit for 122.00 flask thimce North 25.20153.8"East for 56.08 feed;thence North 260040°West for 04.96 meet to a point on the North Resolution No. 2021- Page 5 line of said Trod%r.saki point rho being on Me arc of a ctrcuior curve concave to the Northwoat and bears South 21*19210 East Iran the canter of said curve; thence Northeasterly atom the arc of acid craw to the left, and along the Northam line of said Trod"Q".hdwirt5 a radiw of 1505.40 feet and a cmr*W angle of 04'3419'for on an:diebmw of 120.12 feel; thence South 25'S3'40"Ead for 117.40 feet to a point on the arc of a ciraAw curve cormwa to the Sesthsest and bear*North 48909'Sd'Wed from Ste carder of acid am;thence Mori wmdertyr and f3a utho wwlwy along them d said dro,ar owwo to the right having a recurs of 300.00 feet and■ventral argte of 8502428'far an arc distance d 570.78 first to a point of reverse curvab v.thence Southeasterly ok%tfe arc of acid curve ve to the fell hovft a radius of 125.00 be and a ca 0t angle of 2341 ty'S8"for an we diets we of 50.58 bet ihertoe Scm 13'OVW East for 10.02 bet;thence North 78'SIW East for 342.85 het b a point on Me arc of a circular curve concave to the NcrDwwK aaid point bears South 81.39'40"West from the canter of said own. thence 8ou0eaobtry along the arc of:aid cures to the left tmft a radars of 810.00 feat and a oentral angle of 04.48'3£"for an arc diatanoo of 68.00 fast to Um point of tart8ency;tax*South 13008'55" Eat for 460.40 feet thence North 87819200 East for/i/.OD feet(tom lest eight(8)tyourm teirtp Wong the boundary of said Tract"00);thmos South 0204OW East for 42.00 feet; thence North 87.1928"East for 123.00 feet;tfenoe South 02'40W East fix 20.00 feet thence Norht 87'19'28'EM for 74.001ae*tt nee South 02'40W East for=.08 fi K thence NorIh W*44'W Emd for 42.00 bet:thorm South 02"40*W Fast for 114.48 feet;thence North 81'112r East for 294.34 feat to a pobt on this arc of a dreuim curve,concave b the Nor4teaet, said point beers South 810112r Walt*am to cormer of said wrw raid point aiobeft an to East line d said Tract OW.es shown on raid pint of"Avwtlura Sbdh 11dd ";thence Sorrllteaeterly atortp Ilhe arc of said am to the*4 and oiorg the East ire of said Trod*W. hardrtp for fts elontortta a redNte of 4858.88 feet end a central ante of 91'38'08"for 53929 feet;thence North 11901T'tl3'West for 25.00 hit to a point on the arc of a dreukw curve concave to the Naltrwest. said point bears South 89'18W East tom dw center of said curve;thence Southeastedy end Sautltwwestady WwV the arc of said curves having a radius of 30.00 feet and a cimytrttl angle of 64925 24"for an arc drstaraie of 33.73 feet to the point of tangency; thence South 86607'18'Waal for 87.181 Motto n point of curvature;Ov ence Southt owle ty and Nancy atorg the arc of said curve b the right haft a radius of 30.00 feet and a car"ample of 92'5nr for an arc hence of 48.8tf be to a point of mvww curvature, own ffttttwa *'Nl fiartg the an:of"m gnus to the Resolution No. 2021- Page 6 MR hawtrg a radius of 35.00 feet and a central&Via of 24044'30'for an arc dbtence of 239.05 Not Ow me Stair t10"00W VVed for 30.88 feast to a point on the arc of a circular purrs omcava to the Noit#rrwat.said point beam South 771IIW East 1Yan the owftr of said curve;thence Soudrwaiariy along the we of said arse to the rW having a radius of 135.00 het and a central angle of 48'00'00'tan an we distance of 11&10 feet to a potrd of reverse cur aMe;thence ltoudwa*any along the art of add am"to the lad haft a radus of 728,18 be and a central argls of W1871-for an art d iietance of 371.43 fast to the point of t.rtg wW, thence Souh 29"30"0t'!`Wed for 331.34 feet b a point of curvature; thence 8�rilr along the are of said Mauve to the right haft a radius d 110.00 feet and a cerr6al angle of 25.00'00"far an arc distance of 46.00 feet:therm South 3W30'0p'"Eat radial to the last descirlbed curve for 31.tit1 feet:shim ce Sourhh 2VW54'West ibr 02.00 fast Ic a paint an the arc of a circular curve congas b the Norbrrast,am poird beers South 07'2t1I V Wad from•te center of said ours;sienna BoutAeaaisry and Northoaelsry along tits at of said curve to the left having a radius of 555.00 f st and a central angle of 54055'22'"for an arc distance of 532.17 feat to a point of reverse curvahrre;thane NwImmoft ly and Southeastle*along the arc of said curve to the right hs ft s radus of 35.00 hat and a osrrbtld angle of 84'242r for an arc distance of 51.v8 Net lo the point of temper..Stance South 5rW46- EaN for 0.31 fast b a point of otrrvakwo;thane S -10---* it stung the arc of said am to the WR haft a nr5us of 522.50 hat and a owdrel angle of 2?'3277*for an we d'abmce of 251.15 feet Io a paint of mveres curvature;themes Shy and 8outhtwastarly,alwq the rc of no curve Iw the right hevig a radius d 5.00 feet and a central anpb of 12r32".1S`for an art distance of 10.08 bet thence South 45112W East Ow 25.00 feet to a poled on the South ins of said Trad OW.said point also being on the we of a circular curve,concave to the North wW beers South 11.341120 East*on the carrier of said cur ez.Imme 010% to arc of said curve to the right and along the South line of said Trod OW having a radius of 56".58 hest end a central anglle of 04*13W for an we dsbrtce d 411.64 feet t wn=aoulh 73.10'6r Weed along the South Mae of said Tired%r for I W O feet b a point on the art of a tainatrler curve avrtasrttric with the No pin sortbed curve.said p*d trews South 05'24'4S'East fn>Krt the center of said curve:thrsrwe 8outhwas" stong the arc of said curve to the right hrAV a radius of 5629.58 feet and a caftel angle of 01'01'21'for an ern distance of 100.46 fat to a point on the arc of a cheater curve conceve to the Northeast. said pobtt bam South 06'00'18'West from the center of sand arruada,1twwo Wulf ttmrsle ty Resolution No. 2021- Page 7 along the arc of said curve to fe right having a radus of 1070.17 feet and a central angle of 27009118"for an arc distance of 507.20 feet to the Point of langancy,thence North W50'2ti"Woo for 460.24 Beet to a point of currvatcue;thence f+frrrtirwuasterfy Wong the arc of said curve to the W herring a radius of 1221.67 teat and a cei 16 wrrgk of 23'12'►1V for an arc distance of 494.70 lent;unarms North 1 t'1 tip 1'~for l O,69 leek thence North W46152"East fbr 73.41 fast to a point on the arc of a circular curve concave to the Northeast, said pant tsars South 09'46'52" want thorn the wrnttrr of said c�a;ti�riae Mvrttwweeterly along the arc of said curve to the right having a radius of 275.00 feet and a osiitrrl angle of?M 13"for an we d*Mm of 374.79 fact to the point of targerwy; thenoe North 02'07t35"Wad for 200.00 iWK lhenoe North 47'0rW Wet for 56.57 teak therm South 87.52W Went(or 148.00 INK thence North 02'07'55"Wert for 90.00 fie;t mxs North 8r52W East for 148.00 hot thence North 42'52W East for 56.67 feat aience Noi I 02`8 W West tior 283.37 fact thrice North 47'07W Wad for 56.57 feet;thence South 87'52`05'Wag for 148.00 feet thence North 02'07155"West for 90.00 feet to the POINT OF BEGINNING. LESS AND EXCEPT the kNowfng percel of land: 4 A parcel of lend tying In Section 3. Township 52 South.Range 42 Eat, Miami-[lade Courrty, FlarlOa,being more parliculmrly deauaibed as fvlbwe: Cornmence at the Northmmst canner of Section 3.Township 52 South, Range 42 East.Miarrni-Dade County.FkrkW thence Nodh 87'ZrW Ear ,abng the North Nne of mW Section 3 far 875.93 feat to a point on the centerline dAve nture Bothmant thence South Q1"MI-East for 73.00 het to a paint on the Southerly right-*&wsy In*of Aventura Boulevard;thence South arimo'Wet along acid southerly rim-of- way lira a distance of 1Z6ti fart to a polo[;#wvw 78.18 feet slag a nave to On left having a racks of 5040 but and a chord of 70.45 fast bearing South 4ZW4T West to a point on the East"right-o&way line of Stale Road No.5(U.B.M%trway No. 1).as shmn an the Phut of 'AVENTURA FOURTH ADDMION",as recorded In Plot Book 116, Page 34,of the Public Records of Maori-Dade County. FbrWa;thence Soulh 02'07W East along said Easterly rlpht-okM line for a cfstance of 1320.72 feet to a point;thence North 87.52W East fora ditanoe of 435.30 feet to the principal point and pkm of Wegdnrtirg of the Mow4rg description, thence North 74'30W Ear[for a distance of 170.36 be to e point; thence North 15'30W Weal for a diatanom of 18.00 feet to a point; Resolution No. 2021- Page 8 thence North 7403OW mot for a distance of 491.43 feet to a poiK thence South 80'30'00"East for a distance of 380.10 fleet to a poird; thence South 2V30W Wag for a distance of 8.62 twat to a point; thence South W30W East for a distances of 94.67 feet to a point twoo South 21r30W Weel for a distance of 79.54 teat to a point thence South 80.30'00'East far a distance of 31.21 feat to a point;them South 15'30'0('F..M for a distance of 510.00 teal to a point;it Soots 74*30W Wag far a distance of 64.02 fast lo a prrK them South 25'OOW Weal for a distance of 85.78 fast to a point;thence North 65'0OW West for a distance of 142.20 feet to a paint;thence 320.42 feet alaV an arc to the rWo, hawing a radlus of 2250.00 fleet and a chard of 320.15 feel and be ft North dtf"56'13'Wert to a point;thence North 56'5726"Wet for a distance of 325.28 Oast to a paint:thence North 49047'23.8`West for a dlalsncrr of 485.32 feat to the pdricipai point and pim of beighwft FURTHER LESS AND EXCEPT front Panel 2 the bb wkV described lande conveyed to the State of Florida DepaMtent of Tfanga by the Special V'+,i►wnw*Deed recorded in Official Records Book 17502, Pape 4218, of the Public Records of MlsrnW)*de County. Florida,to wit: Those portions of Tra t*Q*,AVENTURA SIXTH ADDITION, according to the plat tiered,recorded In Plat Book 120,page 20, of the Public Records of Miewi-Dade Caunty,Florida,in the Nwttwm*one-ciCrerter (N.W.%)of Seddon 3,Township 52 South, Range 42 Esel,and being more perticularly described as fokm. Canmawa at the Soutbwet caner of said Tract Tr;Owime aloes the West One of said Trad M*,fa►the foMowning three(3)courses, (1) North 02'07'21"Wet,a distance of 29.240 malers (95.03 feet);(2)thence North 01'28'1 SO East, a didtpence d 43.775 meters(143.62 teal : (3)North 02'0771"West,a dislanoa of 82.972 meters(271 A9 PaQ to Ralwaarwoa Point"A'and the POINT OF BEGIKNING;thence contmo along said Wiest lire.North 02`0771"Waat,a dbt u=of 27.432 molars (90.00 MOO;thence North 87'53Vr Eask a distance of 0.457 meters(1.50 feet); them South 02*07210 Fast, a clistanca of 27,432 meters(90.00 fleet); therve South 87'53'07"West.a distance of 0.457 man(1.50 feet)to the POINT OF BEOMMMMCi. AND Resolution No. 2021- Page 9 Commence at the oforenwwdiciesd Reference Point"A";OWNWO akmg the Wool line of said Trod"W.for the foN wbV On(5)courses,(1)North 02W 21'Went,a d1stanca of 27.432 meters(80.00 beep;(2)thence North 14.48'10"West, a distance of 12.497 meters(41..00 taut);(3)North D2'07'21'West,a distance of 15.248 moors(50.02 feet);(4)ftncs North 01'b0'18"East a distance of 39.719 rneiers(130.31 too;(5) drerace North 02*M1w West,s canoe of 43.721 rrwW (143.44 6" ba the POINT OF BEGINNING;thendrs continue along said Wry kw. North 02.0771"West. a distance of 27.432 molars (90.00 fisaq;thenos North SrS3110 East, a distance of 0.457 rnetrers(1.50";thence South OrO771"East, a distance of 27.432 meters(90.00 feed;thence South 87'5MI"VWst. o distance of 0.457.,wMs(1.30 1so fo the POINT OF BEGINNING. PARCEL 2A The eciprvcad wW nonmeeclusiva r ghts.easements and prh►M gm d use, ingress, egress, psaidng and for utility and other purposes c de d and granted as an appurlonvve to Dm*opWs Site(as defined in titre Easement and Operating Agreement hersk"ar rel ,10d to)of Which the above-dascribs Paroei 2 is a pen,in and by OW certain Eacaunent and Opting Agreer wd by and snot Sears. Roebuck and Co. and AverWro,Mall Venture dated September 24, 1962 and recorded October 4, 1982 in OAiciat Records gook 11574. Pace 2311, as amended in Oi' =l Riecords Boob 1 SM9, Papa 405B, bath of the Public Records of Mion -Dade County.Fbrida,Kan om upon and under certain adloihtnp roof property therein more porku"descHbod PARCEL 3 A portion of TRACT Nr of'AVENTURA SOCTH ADDrTX N!',a000rdi n to the Plat t1weof.as recorded In Plat Book 120 at Papa 20 of the public records of MlambDads County,Florida,desrxfbed on fobaw .. Commence at the SZ corner of TRACT"R"of said Plat of'AVEKTURA SIXTH ADiNTiON",said paint being on a aims concave to the N.E; thence along the Westsaly right-of-way tine of West Country Club Drive for the fallowing three(3)courses;(1)thence Southeasterly a"the we of said curve to the loft having a radius of MM-88 fact and a central argis of 6`38W for 539.29 be to a point on said cave and the POINT OF BEGINNING of kw parcel of bred Fcreinafier described; (2)then" Resolution No. 2021- Page 10 corom Souttnsasaf■rly along the arc of said curve b the MR having a radius of 46W.68 fief and a central ands of 2"4W41"for 229.851set to a point of reverse curvature;(3)thence Scurthsasiarly atom ft era of said curve to the 49W hawing a radius of 1275.14 fat and a central angle of 9"VIC for 21225 fink to a point of coregound curvature of a curve to On right; thence Smftasleriy.Westerly and Bon asiary alor'4g the are of sold curvo,to the e#d having a radius of 50.0 hot and a central angle of 86'0734"for 75.111 feet to a point of compound cuvakwe of a curve to the right; tharnc a ScRrlthweaMrty abrg the arc of sold curve to the right having a radius of 5594 .58 Beet and a central angle of 1'W20'for 98.19 Mat t0 a point thence North 45002W West far 25.00 fast to a point on■ cure to the Wk sold pobt baits South 45002W E Iran ttha oenW of said curve; thencc Northeasterly, Northam and NorOwmetary alcrg ft arc of sold caw to the left having a radius of 5.00 hat and a central angle of 125'32W W 10.98 last to a point of mnpound curvature,of a curve to the right;thence Nortrwast dy akxV the am of said curve to ft right having a re"of 1522.50 Met and a central angle of 2r32'27"for 251.15 feat to s point of langwW,,ktsancs North 53'0 W W for 0.31 feet b a point of curvature of a curve b the left thence Northwares", Westerly and SouthmAwlery along the arc of said curve to ft isf having a radius of 35.00 Met and a aarhlral argM of 84'24"M for 51.58 feet b a point of mr am curvature;thence Sdautthvraeatrrty►along the are of said curve to the dot having a radius of 50.0 feat and a cw*M angle of 54'$VW for M 17 fast to a point on said ourra,said point beers South rzm io viest from the center of said caxhre;therm North 29';l8"b4'East far 92.90 fart;thence North 3513fYW West for 31.96 feet to a p*d an a ourre to the lot thence Nod heaeWy WwV the arc of sold rarrw b the kft having a radius of 110.01e9 and a*antral angle of�25'0fy'00"for 48.00+bet to a point of tangency;therwx North 2903O W Eaat for 331.34 Met the a poird of curvathre,of a awe le the►fight;M enoa Northam" WwV 1 he arc of said curve to the dgM hawig a ram of 725.18 feat and a central angle of MUM"for 371.431bet 10 a poW of reverse curvatuxe, of a curve to the left thence Nodhaestary gong the we of cold curare to the+eft hrAV a radius of 135.0 feet and a c w*W ample of 46'00 W for 11&10 feet to a point an weld cure;thence North 80.00W East for 30.86 fief to a polnl on a curve to the right add point briars North 63't tI "East from the coda drf said curve,iflwnCa S+outnewelery along the arc of said curve b the right having a redllust of 555.0 fleet and a central angle of 24044W for 239.08 feet to a point of reverse curvature of a dive to the left thence Shy, Easterly and Northeemkofy a" the arc of said curve to tM left hoft a radius of 30.0 feat and a astral Resolution No. 2021- Page 11 angle Of 92-56?2-for 48.86 feet to a poird of lan"Ycy;"awe North ItS' rUr East for 87.61 feet to a point of cane of a curve to the kA thence along the arc of said curve to the WR having a radius of 30.0 feet and a mntnW angle of 8402624"for 33.73 feat to a pdnt on said curve; the ncs South 89.IMV East for 25.0 lsat to the POINT OF BEGINNING. PARCEL 4 A portion of Tract V of AVENMRA SIXTH ADDITION,according to the plat thereof, romrdad In Piet Book 120,,Papa 20, Public Rea otda of VWnti-Dads County,Fior*W deecr W as follww Ccn rna ce at the Svuttwmd comer of Tract"R"of said Plot of AVENTLORA SIXTH ADDITION,wcondfg to the plat thereof, recorded in Plat Book 120.Poe 20,of the Public Reds of MbmWDads Ceiunty, Fforidne;9neece North h 02-40W Wee Mang the Woo Ww dwy Ane of amid Thad"W and WwV the Boundary fine of meld Tract OW.for 116.48 feet to the POINT OF BEflIf4f11NIC3 of the hereinafter described pmperttr; thence continue North 02.40'320'West, along the previously described Wo of 700.65 leek thence South 87.19W WMeef,ak*V the boundary line of amid Tract wW.for 239..00 feet thence South CV40W East 1cw 42.00 fast;thence North 87'1928"East for 123.00 hwt thence South 02'40W East for 20.001eet ftwmos North 87.1 FM East for 74.00 leek thence South 02.40WO East,along a line 42.00 few wed of and parallel with the Me line of said Trod W,for 639.06 feet;thence North 96"44'340 East for 42.00 beet tD the PONT OF BEGINNING. PARCELS Ncxt'emd nine aeesrmts for vdimiler and pedestrian passageway cxeated by and more !r described in the instrumnet+entitled Perking Eamenant and Cowen"Running with the Tee to Land between Ava t m Mal Corporations and Donal of Florida, Inc. recorded In Mist Re cords Book 8819,Poe 105 and the Declaration,Covenant and Re iprao Easement Agmernentt rom rded in ONkM Records Boa*8841. Page 715,as amended by the in ennls soortled in 0MCiei Rsoonde Book 9002, Pape 840, Official Records Bock 11400,Pape 714, Off Records Book 11499.Page T31,Of del RecoWa Book 15453, Page 2761 and Onlcial Records Book 16467. Pap 325.oxduftq head portion of said eaowrmw to which roe%*On Parcels 1. 2 or 4 described above Resolution No. 2021- Page 12 LESS AND EXCEPT THEREFROM: A parfon of Tracts"R'and 1r,AYENTURA SIXTH ADDITION, woording to the plat Iftwed.as reowded in Plat Book 120, Page 20,of the Public Reo+ords of Mitarni•Decle County, Florida,end being more pertioularly described as fotiows: Begin at the Northeast corner of said TRACT OR!of AYENTURA SIXTH ADDfTION.being a point on the W wowly right of wry tine of Wed Country Club Draw;thence South Mr40W East stomp said West right of way line and East One of said Tract"R",for 370.65 teat to a point on a dmul r curve concave to the East;ftnos Southeasterly Mono said West right of way line and East line of said Trod*V being along a radius of 4e58.06 feet ipdinp to the left through a central angle of 3'2M"for an arc distance of 279.13 fed to s point on a dreularcurve concave to the Norlhwast and whose radius point bears North 40011416'West thence Sa1th- sslsrty along a 50.00 toot rags curve Isadirtp to the rigW rirough a gel Mrat ante of 1S`4esr for an arc astarrce of 13.77 feet to a point of tangency;thence South 55'35'41'Walt for 08.02 filet to a point of curvature concave to the North;thence Yitesh*and Nanlhwealery along a 134.00 foot radius canna leading to the 69M ftr+ough a cerytrai angle of 9104OW for an arc iito ce of 214.65 feet la a point of tsgency;thence Noe 22•43'25"West for 111.22 feet to a point of curve tin ooncow to the Southwest fence Northwsledy along a 1583.54 foot radius curve Weft to the le4 through a owsal once of 8'ov 12"for an we diftnoe of 109.61 feet to a point of oornpound ourvatve concave to the Souftmt Ih nce Norttwwrsterly along a 2e8.15 foot radius curve leading to the left through a central angle of 34`W47"for an arc oilstone of 16121 feet to a point of non-tangenncy;thence North 89'35W West for 67.25 foal;thence North 04'3nr Wed for 34.73 feet to a point on a circular curve concave to the Southeast and whom radial point bears South 55'5Z'20'East;thence Northeasterly a►d Easterly along a 41.71 foot radius curve leading to the dpfN thra *a central angle of 53'05Vr Ow an we distance,of 36.65 feed to a point of langsncy:ibenoe North 67'09"I r East for 11.16 feat;thence NoM 02.1 S4e"West for 19.39 fact~ thence North 87.1M"East for 235.18 feed to a point on the West tine of said Trod OR';thence North 02040'32"West Wwg ssid West line for 147.48 beet to the NorlwmW corner of said Trod"R";thence North 8T19'2t3'East along the North Iloe of seid That"R'for 206.D0 teat to the POINT OF BEGINNING. Parcel 6: Together with ftre Nye Essemasts for the benefit of Pameis i through 4 above for kgrass and agross for pedestrian and vehia*w access. drainage.uEly,won,ana*adxrwnt and m n ae purposes created by and more pautiwhrlfn desceed in the Declaration of Easeniant:card Operating Agreement for Aventura>ileff recorded in Olfficial Records Bock 20017,Page 4465, d the Public Records of Vwni- Dede Ceu*,Fkwida. S.a a€� W G g W m gg dI bab�gt s pN$ o W PG 5`F r_r0� W . a yS J!- a y r $ b�Cts �2 Q ad II.(� pag y p g w LL. ��� z000-ZUZdno S31` OOMWOOIE V 1181HX3 `q N L❑JI �� • • w ¢�s� h C_To] ,� • '• ell Al L J rI � y.I J d . dp or ff y \.• i L J #4 V w _ Z it UJ U'€ u � s � 4 t 1 � � 1 111 �1\a T I r G: 1 EXHIBIT 6 CUP2102-0002 "���'+ '•+ '• t101tlum A1Nnoo 311tl4-IWtlIW'Wf11N3Atl!O -,,o I�y�J' >•�...e�ewiou-icrm•r�e/eOY.t eeeY o�awniweeeraeee.i�e.w�e�.Hot� iSV3 3DNtltl''H.Ln OS ZSd]HSNMOI'6 N OU 3S RMIR ISEDARA7fUVIMOO IIDOlUTOM TIMVWUXMV- 13UW-3mawSNOOb¢MNorm -:)ru `S=S`AAA `taL'do3 A3Adf1S NO11VWd3S 30NV1SI0 jO HO13)IS R t s 8Y Y ge e 55 gg xx $. gg 66e m gg aa geg e m gg m eaa e e gg gmg eaa e m e g mg Ygg' @�@ d yak 11 is 5 5 it II g�i .i �¢ E g I I p i ag ag It a €.51 g sr� a gad I# fi gi it 11 :1 111 IIi 4lei 11 11 d 11 11 11 1 �il !i aI It INN I � " _ " • 2 R _ - t R 2 R r. A A A A A G A IE R r� A A X R a A R x 4 � t F E vji ■_; g � a S y m 4 � s N ' O r W = i toy �e lilt -13 L 8 O ! • -------- ------ ! I rue er A O♦.e.1..e. Otl APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i)of the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit,which is identified in the accompanying application,and the owner of the property subject to the application(if different)hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows Name Relationship (i.e.Attorneys,Architects, Landscape Architects, Engineers,Lobbyists,Etc.) Alan S. Rosenthal , Esquire Attorney Daniel I Fortin, Jr. _ Surveyor_ Fortin, Leavy, SKiles, Inc. (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(B)(2)(IV)OF THE CITY's LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS_._DAY OF_ February, 0 AUTHORIZED REPRESVNT QE I�LICA T. OWNER 2 B ' < � _ B Y: By!-- — it"', �eJ - (Signature) Name: thal Name: _ (Print) ('Print) Title: Attorney Title:. Address:.-_. 20900 NE 3.0 Avenue — Address:_.- ____ Suite 600 —Av-entura,—FL 331S0--- — -- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appearedAlan S Rosenthal as the authorized repre epf the AppIicant)w*xWX%jNpwxof the property subject to the application, who being first by me duly strum, d;i sw a"zraffir at'heishe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT Alan S. Rosenthal SWORN TO AND SUBSCRIBED BEFORE ME this 3 day of Febr,.tea ry-, *M?Q21 RAQUEL WELLS Notary Public tateof Florida At Large Commlaelon#GG 275785 Printed Name of Notary + ExWes January 25 2023 My commission expires:_ �vrf�df aw4wThu&WONNOWrtiWrflow BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark with"x"applicable portions only) j J 1 Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. k]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: Robert Shelley (List name of Commissioner or Advisory Board Member) who serves on the C 1 ty C_Qtl]C)) s i On (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative, [J ii Member of City Commission or Board is a partner, co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange) or folnt venturer with the Applicant or Representative in any business venture, [j iii The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; &iv A City Commissioner or Board member is a Client of the Applicant or Representative, (J v The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; [J vi The mernber of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF _Xxx. 2021 APPLICANT l " By. �Y_ fSigna ) Name:A an S_ Rosenthal (Print) Title. Attorney I __ _(Print) WITNESSMYHANDTHIS DAYOF February _)mDx, 2021 PROPERTY OWNER By (Si_gnature) Name. _ __(Print) Title: (Print) 'rhe terms 'Business Relationship," "Client,' "Customer," 'Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. J r-0Q— WITNESS MY HAND THIS mph rua ry 20()?1 REPRESENT. s Relationship Affidavit) By;__` __ atureJ BY: _-___ (Signature Name: Ian S`Rosentha (Print/ Name: (/ rae:_Attorney tp*# Title --(Aim) Fortin, Leavy, SKiles Inc BY.—(Sigmiuro By: (Sa�nature Nance:_DAniel Fortin (Att) (Prw) Tlue:_ Vice President (Prfrrr) Tide: . By: (Signature Name: (Pry Name:_ (PMO Tide: - __(Prim) Title: -ow By: 4nature) By: (S#Oure Tdle: _(Prw Title: Tme• (A* TiUe: (Prime By:_ (Sgrtat w By: (Sigma" rile. (PnFr(J Tice: ._ —(PRnV Title• (P 1 Title:r (A*4 By: By; (Soature Title: (Win1J TIUe: (Aft Ttle• (Pnht) T)de:,_ (P" NOTE: i) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Atfiants are advised to timely supplement this Affidavit pursuant to Sec.31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAW-0ADE)Before me,the undersigned authority,personally sppeandAL4A_$,—ROs en UaLni,who bei tint by me� or affirm he/she executed this Affidavit for the purposes staled therein and that it is We and correct. SWORN TO AND SUBSCRIBED before me Ihk2�L day of-.Feb 200;?1 ' "Ay Poi RAQUEL WELLS Commission 0 GG 275795 Expires January 25,2023 Printed Hams d iadrlt — — ''f of r�oP� Banded Thru Budget Nfty SOMM My commission expires:_ STATE OF FLORIDA COUNTY OF MIAH-DADE) Before me.the undersigned authority,personally appearedDan 1 e1 C. For being being kn for me duly sworn,did swear or afTam that he/she executed this Afffdavit for the purposes staled Brerein and that A b true and owned. A 13anieT-C:7ortin Jr. Vice President of Fortin, Leavy, Skiles Inc SWORN 1O AND SUBSCRIBED before me this._day of_,� --,,200Z 1 Notary FWW Store of Flxxld4 AI L.mge Primed Name of Notary — INy commission expires:_ STATE OF FLORIDA COUNTY OF MIAM-DADE) Before me,the undersigned aulhorlty,personally appeared_ — Y_the Affient,who being first by me duly sworn,did swear or affirm[hat tmlshe executed this Alfidevit for the purposes stated Iheren and(hat it is true and carted. AFFIANT SWORN TO AND SUBSCRIBED before me.lhis day of 200_ Notary Public Slats of FWAP At Lmge Prhded Name of Notery My oommIssion expires:_ _,_• STATE OF FLORIOA COUNTY OF MIAMlahDE) Before me,the undersigned!authority,pemonslly appeared _ _ _ _.the Affien],who bang first by ins duly sworn,did swear or affirm that he/she exam tetl this MOM for the purposes stated therein and that It Is true and onrrad. AFFIANf SWORN TO AND SUBSCRIBED before me this, ^dey of _ 200_. Notary Pubk Slate of Flodda Al Large Printed Name of Nolary My corrimission expires:,__._ 1 - - WITNESS W HAND THIS_0 J 0 Feh rua ry 20(E1 REPRES A Vr'(id q�s Relationship Aiftdavit) By: - '`�-' �' J By: —fS'gMM" Name: nionthalmmw Name: (Flint) TtUe:_At hey f (pn tl Mr— _ (A*V For n, Le -I c BYY' .41, `%Si9t',at�reJ Br (si�ndrwe (1e_DAniel Fortin, Title. Vice President (A ) Title. f Name: (Prim Name:_ t7°1inf1 Title: _(Print) Tale BY._ - (S,#49&J By: (Sloaemwe Title: ^.(Arrt! Tltle:�, Tlla:_ (Prira(J Titlar _ pW BY, By_ (.Slgrrauar Tiller— (AW Title: TAIe: w(prity Ttltle:_... BY: _:_____-__(Vle Mw elr (4rmature Tills (Ar6q/) Tide: (Amd I NOTE: 1) Use duplicate sheets If disclosure information for Representative varies 2)Applicants and Affiants are advised to timely Supplement this Affidavit pursuant to See.31.71(bx2)(iv)of the City's Land Development Regulations in the City Code. in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MAIN-0AM4 Brorama,tnewwr:gn.dPino*,r.r+awly.avwALa_ RosentbALµwno wrttey�„el or saffirm Ti+e . exenMd tt'Oe Afiderfd br the purpbae5 tY6ed heroin and M R tt flat and ecrraet ' / i J SWORN TO AND SUBSCRIBED before me tldt3 1 drYct—Feb..._ M021 1►M;!z�� RAQUEL WELLS Commiselon IF GG 275795 belt 8 of Florida' lard g Ex*m January 25,2023 P�tntad"Mro mr."MV— - — �rFpf�yof� ftM6dTMuBu *Wjry3wW= Mytmmarstianaspiraa.:. STATE OF FLORIDA COUNTY OF MIAMIAADE) Daniel C. Fort1n Jr Before ma the unaertlgned eulhaft,p appea mi. . —.ibe Af my wfio�tleine k by*d hamm aecv6sd 16 AfAAMI fa the purposes elated Mende and Bat 3 e bap arm oomm / A ITS n`ie7�:�ortin r. V ce President o ortin, Leavy, Skiles Inc SWORN of _j 2W2l . JOIarn Ory a PB"�d Florida W� "W F � • & Leig. My Comrniaaian GG t;t "1 ar Epraa01/1s/2024 PrfnledNuaeofmary — My oamndutat espllas:,� STATE OF FLORIDA COUNTY OF ANAta DAM Bdlbm rat,are underaipned aulharllY,permandy*Memo ——____—the AM&nL who beep brat by me duly sworn dd swaar or,Nmr lhof held, executed this AMW for are prpom slated low end Graf II Is hors acid owed AFFIANT i SWORN TO AND SUBSCMED before melfdt_ day of 200_ NauryAblk Shedd FW4 ifti; e Prkdad Nsrne of Woltry My W mnb"axpir-s--- STATE OF FLORIDA ) COUNTY OF hIM14)AM) Bebmma to ardersipnsd s0ority.Porto ok appeared. _,.._ _ —.Ihe AflimlL who b ft fiat by me duty swan,did swear or effinn that hWAS ereartad I*~forftparpe sbaddwroM and Btat b it trueandowsol. AFFIANT — SWORNTOANDSUBSCRIBEDbeforenutUds. _dryof. !_,200-. Nobly Pause Stie WFbAd:i l L81 PMlsdgame'dNdery._._ ,._ My oar6nlaslar mrpirae— _ RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE AND SERVICE OF BEER AND WINE AT MACAROONS AND MORE LLC, DOING BUSINESS AS LADUREE, IN TENANT SPACE #069 ON THE GROUND FLOOR OF THE AVENTURA MALL, LOCATED AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 4, "Alcoholic Beverages", of the City's Code of Ordinances, the applicant, Macaroons and More, LLC, doing business as Laduree, through Application No. CUP2102-0002, is requesting Conditional Use approval to permit the sale and service of beer and wine at the Laduree cafe on the ground level of the Aventura Mall, as further described in Exhibit "A" (the "Property"); and WHEREAS, the Property is zoned B2, Community Business District; and WHEREAS, the City Commission held a quasi-judicial public hearing as provided by law to review the application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the sale and service of beer and wine at the Laduree cafe in Tenant Space#069 in the Aventura Mall located at 19501 Biscayne Boulevard, legally described as Tract R & Part of Tract Q, Aventura 6t" Addition more particularly described in Exhibit "A" is hereby granted subject to the following conditions: i) Beer and wine may be sold and served to patrons seated at tables in the Mall corridor adjacent to the tenant space only in conjunction with the service of food. Discontinuation of food service at the cafe shall terminate this approval to sell and serve alcoholic beverages. ii) Customers will not be permitted to consume the glass of beer or wine away from the kiosk. iii) Customers may purchase sealed bottles for off-premises consumption pursuant to the applicable State license. iv) This approval is granted exclusively to Macaroons and More LLC doing business as Laduree in Tenant Space #069 on the ground floor of the Aventura Mall and may not be transferred to another owner and/or operator of the tenant space. City of Aventura Resolution No. 2021- v) The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. vi) The applicant shall obtain a 2COP alcoholic beverage license from the State of Florida and begin sales and service of beer and wine within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. vii) The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over-served at other establishments. viii) The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community or to Mall patrons and/or that the applicant has violated any condition of this approval. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. ix) Any discontinuation of the sales and service of beer and wine for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. Section 2. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 2 of 12 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 6t" day of April, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2021. CITY CLERK Page 3 of 12 City of Aventura Resolution No. 2021- EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The Lard referred to hereirt bed Is situated in the County of Miami- Dade, Miami- Dade, State of Florida, and is described as fig PA CE I Tract , of AVENTURA SIXTHN,according to the plat thereof,. as recorded in Plat B 120, Page 20,of the Public Records of Miami- Dade County, Fimida, PARCEL 2 portion bract'0, cif AVENTURA SIXTH,ADDITION, rding to the plat thereof, as recorded in Plat Book 120, Page 201 of Vie Public Records of Miami-Dade County, Mrida,described as furl Cominence at the No. - t comerofS i n 3, Township 52 South, RarTe 42 East M ,n1mDade County, Florida,the 87'2 V East, along the lime of said Section 3 for 575.63 feet to a point on the cline of Aventura Boulevard as shownon said plat of"Aventura Sixth Addition";thence South 02"3231" East for 73.E feet to a point on the North fine of said Tract'Q' thence So 8702T29"West,along than North lire of 'f for 12.60 feet,to a point of re; thence Southwesterly and Southeasterly along the arc of said curve to the left having radius of 60.00 feet and a centrat,angle of !9'3624'for an art distance of 78.1'8 feet to the point of tangency being on he Westerly Isar f Tract"H"of RAventura Fourth AddMW,acwrding to the plat thereof, recorded t Book 116, Page 34, Public Records of Miami-Dade County, Florida; thence South 024 55"East along the Westerly of said Traact�N"for423.52 feet thenceNorth 874'52W East for 2�6.00 foot to Me PO4NT Of BEGINNIING of the following described tract of land; thence North 57-052a "East for 148,00 feet;thence North 42*5706' East for 66.57 feet,thence North 02* 7*55"West for 31,63 feet to a point of curvature'.thence Northeasterly along the arc of said curve to the right having a radius of 325.00 feet and a central angle of 72*2&45_8'for an arc distance of 411 n 13 feet to the print of,tangency;thence North " "20"5&8" East for 122.00 25"20'53.8"C ast for 58,66 feet thence Now 25"53_'40",gust for'1 .96 feet to a point on than North Page 4 of 12 City of Aventura Resolution No. 202 1-_ line of said Trod"AY, said point also being on the are of a cit curve concave to the Northwest and bears South 21'1921" East froM the oerbr of said curve; thence Northeasterly along the are of said curve to it*,left, and along the Northern line of said Tract"Q'. having,a radl us of 1505 AO feel and,a central angle of,04'13411,1)"for an arc distance of 120.12 feet thence South W63400'East fdr 11 feet,to a point on the arc of a cWmW cum concave to,the Sottheast and boom North 46'09'58*Wast hom te center of said curve-,Vmnce,Northeasterly and Southeame4y along the arc of said circular curve to Itm right havhV a radius of 500.001 feet and,a central angle of 660'242T for an arc distance of 570.78 f*M to a point of reverse curvature, therics Southeasterly aloing the atc of s" curve to the Wft havhV,a radius of 125.00,feet and a centrad a"of 2341OW for an arc distance of 50.58 feet ftrm South 13:006'55" East for 10,62 ftet; thance North 71175,11057 East for 342A5 feet,to a point on the arc of a circular curve concisve to the Northeast,said point bears South 81'31V4V West from the center of said curm, thence Southeasterly sknV the arc of said,cw"to the left having a radius of 8 10,00 fee-t and a central angle of 04481135"for an arc distance of G&OO,feet to the Int of POI tangency;thence South 130081561 East for 46940 kot the North 87'1928" East for I 11,00 feet(the,last eight(8),courses" Wong the boundary of said,Tract"O,")-,thence South 0244CY320 East for 42.001 fim; thence North 87"1 M" East for 12100;feet;thence South 02'40'32*East for 2OZO feet;thence North 87"1 92r'East for 74,M feet; the South 02'40'32' East W, 639M feet-,r*noe North W4*34*East for 4ZOO feet,'thmxe South 02*4932*East for 11&48 feet:ftier imm North 81`11?V East for 294.34 feet W a point on the am of a aircular curve concave to the Niodheast sab Point bears South 81'1111 2ir West from Me center of said curm,sad point aiso being on Me East kne of said Tract W as shmm on said plat ofmAvanturaAddition-, thence southeasterty aWq the are of saki curve to The left and along the,East fine of said Trac;VQ", having W its e4emerds a radius of 4656,W feet and a central angle of OW08"W 639429 feet',thence North,696 11'56'West for 25.00 169 to a point on the arc of a circular curve concom to,the, Northmat, said point bears South 69"1"8"East from lhe ceder of said curve,thence Soutboostarly and Southwesterly along the arc of said osve having a radius.of 30,00 feet and a central angie of 64"25*24"for an arc distance of 3173 feet to the point of tangencyl.: thence South O"071V West for 87.61 feet to a point of cum thence South-westerly and Northwesterly along the are,of said curve t dius of MOO feet,and a central angle of 9,205672"for an arc distance of 48.66;IM to,a,point of reverse curvature,, thence NcithmAm"alaV, the arc of said curve to the Page 5 of 12 City of Aventura Resolution No. 2021- having a radius f 55-5,00 feat and,a cenbral angle df' " '3 "for an arc rc lr the _ l _to Om fro bears South 119m East frorn the,cwftr of said , thence Southvvestedy along arc of said curve to the rOMhaving i of 1W }feet and a central angle of WNW an etc distance 11110 feet to a point of reverse curvature;thence Soudwoes",along,the arc of saidourve to dw left having a radiusf 726.18 feet and a central angle of 71 1"for an am 41starm=d 371.43 IW to the poini M 1.34 feet to a,point,of curvaW, "; thence s lon the air 01'said ._. . to ft rightg a radiusof 11 OM feet and a central angle an arc dista of 48.00 leet,thence fio-oow East,m4ffal to the last described curve for 31. E feet-, thence South 1 " t for 92,00 fee to a pointpoint on the am of a circular ou", concave to the Norlfwwk saw bears SouthOMWI V i off", Ownce Southeasterly and Northeasterly along the arc of said cures to the having a radius of 566M,169,and a central angWt of 0 for are amp distance of 532.17 feet to a point of reverse curvature,thence and Southeasterly along the arc of said curve having radiusof MAO fW and # angle of * , ' an atc distance of 51 M feet to the point of,tanq*W�'thence South 53407W lEast for 011 feet to a point Southeas"along The am of said curve to the left haVng a radius of 522.50 feet and a central angle of 7032"2r for anare distance 1.1 leat to a point of revarse curvature- Souftwmsterty along ft am of said curve to fha right having a radiusof 3 and a central angle of 126*37'W for as arc distance of 1016 thence 0 3 for_26M,fW to T W , said point also arc of a ckrcular curve ooncave to the North and bears,South 1®'3 '1 East from ft center Of SSWF thence Southwesterly along ft arcof said curve to the right and along the South line said Tract* having.a radius of 6604,58 feet and soentral angle of 04*13'04'for are arc distance of 411.84 ,thence "il - 3"11Y6 "West a youth i "W for 193,1'a feel,to apoint:on, circutar Southww conceninc wM the lam descrZed cum,said point bears O "24' "'East from Ow cenW of said cum;Otence Souftres"along the we of said curve to right h"g a radius of 5629. centralis of 01"D1T 1m for an arc distance of 100.40 feet tD a point on the arc of a arcularourve concaveto the Noritleast said p it ,1 South 06'00145"West from the carder of said arty Page 6 of 12 City of Aventura Resolution No. 2021- along the arc of said curve to the right having °ors 011070,17 7p,17 feet and a central angle of 7" "18"for are arc distance of 607.20,feet to the pol nt n g N t fear 400. E t point of curvature;thence _ rf arc off said mmw to,the left distance of 49410 p thence Noft, 11"I W21"West for 10.69 feet. thence North 0 * , N5 "East for 73, 1 t to point on the arc of a circularcurve said point bears South * " West from the cenw_ said, ;,thence fro terl alb the arc.of said cum t right � 'i275, , . _ and a angle f 7 *0513"for an arc,distance of 4,7 t k f t thence North * 7 "'West for 47007'55' Wet for .57 feet, o 70 5`" . . t for 148 t" thence North d ' "1t for 90,00 feet,thence North 87"52'05wEast for 148600 t thence 4 *52VT Eat for 58457 feet thence Nwh feet-,thence South OrSM"West W 1 - fthence 0 " 7" 5",West fir W,00 feet t t P tNT OF BEGINNING. LESS P the following paroolf land,* A parcel of tad lying in Section, , Township 52South,Range 42 East® MiamiDade County,,Florida, being mom particularly described as follows, , Cornmenoe at the N t cornef, of Section 3" Tovonship 52 South Range42 East" a County,Ronda;thence Nom, 3777W East along, the Section 3 for 87513 fee to a point on the centerfine of Avenwraa ;; South 0 1"East for 7 .OD loot to a point on the Southedy dght-of4wyOne of Aventuira, Boulevard-, thence South7* 7 9"West aWq said Southerly jight-of- way Vie,a distance,of 12.60 to a pojnla thence,78, fF� along a mow to the M having a radius of 60.00 fm and,a choird of 70.45 feet bearing South 4r3g4r wast to a point an the Easterly right-of-way line f State Road No.5 (U; , Hid 1).as shovion on the, Blot of "AVENTURA FOURTH,ADDITION', as recorded In Plat Book 116, Page of Via Public Records"' of Mi -Dade County" f�l r a„discs h 550 a said - line for a distance f 1320,72 t t 8r57W East fir, f �435.30 t to principal p of . f description; the 74*3V ' t for a distance of 1,70.36 feel to a point, thence North 150 'OCr West for a distance, f 18.00 feet to a point Page 7 of 12 City of Aventura Resolution No. -- thence Notth 74,10,3900P Fast for a distance of 491 A3 feet to a p0h* ftnce Sou,th W30W East for a distance of 380.10 feet to o point; therme South 0'3{ "West ft,,r a dlistance,of,16 A2 feet to a point; thence South 6003OW Eat for a distance94.67 _. South 29"NOT West for a,distarme, °54 feet,t a point thence South 011Y East for a distance of 31.21 hest,to a Point,, a South 1 "3P East 6 td��_. _ � of 51 . � . to a po4nt,thervos South 74*300W VOW,lr tarp 61.E The to a poems thence SotA 2 M West for a distance of 85.78 feet to a p P thence 66'00100"West for a distaive of 1492.20 to a poiM thence 320A2 feet Mong are,am to the rot having a radius of 2250.00 feet arxt a chord of: 3,20.15 feet and beating North 60*55 1 Y West to a point-,thence North "5CY26"West for a distance of 325.26 feet to a point,, thence 4W4773-W West for a distance of 4435,32 feet to,the principal al 1 and place of beginning. FURTHER LESS AND,EXCEPT the by Special p�Warranty �y9 [mod i in rynry®_� iBook1 - �}�2, 16, ecords of ade County, Fiord a, wit- portions of Tract" "®AVENTUIRA SIXTH ADDITION, according t the plat thered.recorded In Fiat Book 120,page 20, of the Pubes Records of County, F o N.W. % 3. v52,South, Range 42 East.and being, more particularly described a-.Wows i C—cmmence at the Souttvwest cortw of said Tr ad thencec West line of said Tract:* ", for the fbilovAng t ( )courses, (1) Nodh 02"0721"West.a distance of -24 5.93 t), thence 026MV West,a distance f 82.872 meters (271. )to Reference Point*A"and the POINTOF BEGINNING,,,thence continue along,said West line, North 02*0721" O %$W thence North 87'53vr East,a distarim of 0.457 meters(1. thence Borah 02"117'21"East, a distance '21.432 MO 90.00 t thence h €r 510,r West.a distanceof 0,. 1.50 f t AND Page 8 of 12 City of Aventura Resolution No. 202 1-- CorrurdKice at thal sfonamentioned,Reference Point' "f thence along the West fine of,said Tract'W".for,the following live(5)coune% (1),North *07 `10 West,a distance of 27.432 r (90." )l 2)thence North 1+4'*4N l(r Wesi, a distance 12_497 meters(41,0 ), ) North W 71100 West, distance of 15,246 r ( 0.02 leel)iAthence North 1'W1 ' , a distance of 39719 meters (130.31 t-' ihence af. "' 1"West, . 2"1 _ e (11 . . t _ P0JN F l d 141 N „thorn con.-_.. along said West line, North 02" '21"West, a distance f 27.432 meters (90.0 t);thence North, * 3TV East, a distance of 0.457 meters(1', D t);ftnes South 02*OT21�EaK a d° -27�432,r );thence SouM87*5-3V*W4W, ad1is of 0457 meters(1n ,t_ POINTBEGINNING. PARCEL reciprocalThe _, ingress, egress, parking and for utility aM other purposes created and granted as an appurlenance to Developer'sSite as defined in the Ease nt and _ rat hereirmUr referred to) aboye-desoibed Parcel 2 is a pan, in and by,that omrtain Easetnerd and Operating among Sears, Roebuck and Co� and . A roars Mall Venture datedSeptember b r 24, 1982 and recorded Octotw 4, 1982 in Oftal Rewfds Book 11574, Page 2 11; as amended in Official 1 - , P , btu rat, Miami-Oade , in,on over, upon and under certain ajoining real propefty therein more panic i rly described. PARCEL3 the Plat thereof, as recorded, in Plat Book 120 at Page 20 of the pubfic: records of MiamI40ade County,Florida,, described as 1 Commence at the S.E, r of 1 "e1 said Plat of"AVENTURA IXT, ,ADOfTI `-, saidpolfitt being on a cun a concave t . ,, thence along the Westerlyright y line Went Country Club Drive, the following three( ) s (1) thence a along the,art of said curve to the Jeft having a radius of 46M.66 feet and a central angle of V38TS" for 539-29 ftet to a paim on said curve and the,POINT OF Page 9 of 12 City of Aventura Resolution No. 2021- . i having, , radius of , 9 feet and a central angle of 2*4 1"for 22S.85 ftet to,a of reverse curvature, (3)thence Southeasterly along the am ofsaid curve to i It havWV a radkm of 1275.1 akl angle of 2'1 'for 212.25 finet to a poWof compoundto the right, thence Southeasterly,Westerly and Sou#vwesterly along the are of sold curve to the right having a radii of 60.0t and of @ 4-for 7 .19 feet,to,a p ` . d curvature : the rightr thence Sou#TAesterlyalong,the a said curve to the right hav[ng a radius of 6594 .58 feet,and ar centrall angle of 1" for 98.19 feet to apoint; tivmmoe NoM 4FO23Z'Wee for 2 .00%at,to a poft on a curve to ft Wk S_ E point bears So 5* 2' nter of sald curve; thence Northern d ralong arc of rcurve havinga radius 12 * Z55"'for 101 to ai ipoW curve to the right thence Nortmesterly alcog the we of said curve to the right having a radkm of 522.50, a central angle ZP 217w fist to a point of curvature of a cur",to the lat thence Northymsterly. Westerly and Southwesterlyl am of said curve tea having point of reverse curvatuTe;thence o a the arc of said curve t _ right a radius of a,t and con" of 132r for-53,2.17 feet to a point on said point be, 7*2711"West I curve-,thence Nbrth 0 . *East for 92.90 feet; thence North 3503OW West for 31.96,[ to a point on curve to the let thence Northeasterly along the afc of said mmm to Vie left,having al 110-0 feet and a,central angle of 2 T 48,00 fee,to a point of tangency;thence 2 '30'W East for 331.34 feet to as point of curvature of a curveto the right; thence r a . centralalong the arc of saW cuirve to Ow right having,a radius of 726.IS,fee and Le of 219*1 W21"for 371, ar point of revem, of a curve to the left thence Northeasterly along the are,of said curve to ft left in of 135.0 Aw, a a 1 angle, 11 .10 feet to a point on said curve,;therice North,15040OW East for 30.E feet to as po4rvt on as curve to right said point bears North 63"'1 990 Feat from.fromthe. centerof thence Southe", along ft, am ofright having a rafts of .0 and a central angle of 2 "44�30"for 2 f `rr1 of reverse curvature of to,the left,thence Southeasterly, a and NoMwastedy along the, to the lelt having a a central Page 10 of 12 City of Aventura Resolution No. 202 1-- aNle of 92"56M-m for 48,46 feet to a poir4 of,tangen,cy'.thence I 8 W- - Or,l 6"East WST81 feet to a point,of curvature of a curve,to ttm kit Vw,m,along the arc of said curve to the laft,having a radius of 30.0 feet and a central angle of 64'25'24'for 33,73 feet to a point on said curve,, thence South 69*17'55"East for 26.0 feet to the POINT OF BEGINNING., PARCEL4 A portion of Tract"Q'of AVENTURA SIXTH ADDITION, according to,the plat themof, remded In Plat Sook 12D,Page 20. Public Records of MiarnWade County,,FlorWa,descri—bed as foillows. Commence at the Southwest cmer of Tract"W of said Plat of A\T-MRA SIXTH ADDITION,according to the plot thereof, recorded in Plat Book 120t Page 20,of the PuNic Recordsof Mjami-Dade County, Florida-, thenw,North 0240'32"West along the West boundary fine of said Trad'R'and along to Bounclary Lie,of said TractV*,for 116-48 feet to the POINT Of BEGINNING of the hemin descAbod property; Mence continue North 02"40'32"West, along the previously described Ilme of 700.65,feet Vmwm South 87"I'1 9'2r West, along the boundary line of saiI!Tract*00,for 239.00 feet;thenm,Scum 02114,01320 East W 42-00 leek-thenoa North,87"19'28'*East for 123,00 feet, Ummice South 02"40W East for X 00 feet-,thence Northarmflm East for 74.00 feet thence South 02,64032m East along a line 42.00 feet wast of and parallel with the West fine of said Tract"W,for 639,00,feet fivwv*North W44'34"East fdr 42-00", to Ine POINT OF 13EGINMNG, PARCELS Non-exciusive easernem for vehicular and pedestrUm passageway created by and more poftula4y described in,the,instrument entffled Parking Esserneol arW Covenant Running with the Tide to Land betmeen AvenWra Mal Corporal;Jon and Donad of Florida, Inc. rewcled in Oftial Records Book 88 19, Page 106 ancl the Deollaration, Covenant and Reziprocm I Easement Agrewent recorded in Official ReooMs Book SU 1, Page 7115. as amended by the instruments recmded.in Official Recorcls Book 9002.. Page 840, Oftial Records Book 114990 Page 714, Oftal I Back 11499, P"o 73 1, Offlcial Records Book 15453, Page 2761 and Official Records.Book 15467, Page,325,excluding that podion of said! easamm which fles wbin Panxis 1,2 or 4 desonted above. Page 11 of 12 City of Aventura Resolution No. 2021- LESS AND EXCEPT THEREFROM-. A portion of Tracts"R"and 00",AVEU SIXTH ADDITION, according to the pW thereof, as.recorded in Plat Book 120, Page 20,ofthe ftoor , Flionda, ar-A being more parfimAstly described as follawso Begin all the Northeast comer of said 1 T"Ft"ol'AVENTURA SIXTH, ADDITION,being a po"onthe,Wesierty rightof way line of,West County Club ' 0" 'East along said West right of way line and East lire of said Tract" ", for 370,155 feet to a point on circullar mrve concave tot sty then Southeasterly said id West night of linerid t,fim of l Tradius to the teft thtough a central angle,of " for an arc dislance of 2M1 to a point on a circular curve concave to the Norliwmst whose,radiuspoint beam, North '11M1G" f; thence Southwesterly along a 50.00 foot radlu3to the right through a,centrali angle of 1 for an arc distanceof 13.77 feel,to of tangency',thence " "41'West for 66.02 feet to a point of curvature concaveto the North,F thence,Westerlyand Northwesterly Mon = a 134,00 foot radius curve leading to the fightthfaugh a central angle of North 2 * M "Fleet for 111.12 feet to a point of curvature to the Southwest,thence Nort r along a 158154 foot radiuscurve_ leading to the left through a cen#Wof ' '1 `'for an arc distance of 160.61 feet to a poiril of compound curoalwm, con4ave to the Southwest,thence Northwesterlyalong g �15 foot radius curve leading to the left through a central angle of *' 647" for an arc distance of 161.21 to a point of -. ',thence Borth 69*35101,West for, 67 26 feet thtmoe North 64*35W West for 3433 feet to a point circular curve concave to the Southeast and whose radial point beers South ' ° d"l i thence Northeasterly so- Ea along41,71 fact radlus curve loading to the ht through a central a &0 TIJ " for are are distance,of 38.65, to a point of a thence North MV ff"'East for I I.16 feet,thence North 02*1 *40P West f& 1919 thence North 8761978"East for 236,1 fast to a point on the Fast Wie of said Tract"R",y thence North 02g4V,32"West along said West,line for 147.46 feet to Me Northwest,convr of T *W,thence North Sr'lglfr East slong the North Ihe of's-aid Tract "for 266,00 feet to the P0t,NT'0F BEGINNING,, Parcel,Ids. Togiether with the Non-exclusiv Easaffitents for the bone*of Panceft 1 through 4 above for ingress, and for pedestrian and vehiullar access, drainage, l" w et encroachment a maintenance createdpuqxmn by d p x described Declaration Easernents a 1 r turn atl in Official o Sook 28917,Page 4465, of the Publics of fiti m i- County, Florida. Page 12 of 12 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Joanne Carr AICP J-(" w Community Development Director DATE: April 2, 2021 SUBJECT: Request of Gianti Investments LLC doing business as Pollos Y Jarras for Conditional Use Approval to Allow the Sale and Service of Alcoholic Beverages at Two Cocktail Lounge/Bar Areas within Pollos Y Jarras Restaurant Located in Tenant Space #956 of the Aventura Mall Expansion at 19565 Biscayne Boulevard, City of Aventura (CUP2102-0001) April 6, 2021 City Commission Meeting Agenda Item 613 RECOMMENDATION It is recommended that the City Commission approve the conditional use application to allow sale and service of alcoholic beverages at two cocktail lounge/bar areas within the Polio Y Jarras restaurant in Tenant Space #956 in the Aventura Mall at 19565 Biscayne Boulevard, Aventura, subject to the following conditions- 1. This approval shall be granted exclusively to Gianti Investments LLC doing business as Pollos Y Jarras in Tenant Space#956 in the Aventura Mall expansion and may not be transferred to another owner and/or operator of the restaurant or to another location. 2. Alcoholic beverages shall be sold and served only in conjunction with service of food. Discontinuation of food service from the tenant space shall terminate this approval to sell and serve alcoholic beverages. 3. Customers will not be permitted to remove an individual glass of alcoholic beverage or any open container from the restaurant, but may purchase sealed bottles for off- premises consumption pursuant to the applicable State liquor license. 4. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 5. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8.00 a.m. and 1.00 a.m. the following day. 6. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over-served at other establishments. 7. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. 8. Any discontinuation of the sales and service of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. THE REQUEST The applicant, Gianti Investments LLC doing business as Pollos Y Jarras, is requesting conditional use approval to sell and serve alcoholic beverages in two cocktail lounge/bar areas within the restaurant located in Tenant Space #956 of the Aventura Mall expansion at 19565 Biscayne Boulevard, notwithstanding the distance and spacing requirements for sale and service of alcoholic beverages in Section 4-2(a) and (b) of the City Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Mall Venture APPLICANT Gianti Investments LLC, doing business as Pollos Y Jarras restaurant ADDRESS OF PROPERTY 19565 Biscayne Boulevard, City of Aventura (See Exhibit#2 for Location Map) LEGAL DESCRIPTION Tract R and a portion of Tract Q, Aventura Sixth Addition, according to the plat thereof recorded in Plat Book 120, Page 20 of the Public Records of Miami-Dade County, Florida (See Exhibit#3 for complete legal description) Zoning — Subject Property: B2 Community Business District Properties to the North: B2 Community Business District, and CF Community Facilities District Properties to the South: B2 Community Business District, and CF Community Facilities District, and 2 TC1 Town Center District Properties to the East: B2 Community Business District, and RMF4 Multifamily High Density Residential District Properties to the West: U Utilities District Existing Land Use — Subject property: Regional Mall Properties to the North: Library & Fire Station Properties to the South: Retail, Office & Government Center Properties to the East: Retail, Office, Hotel, Residential Properties to the West: FEC Railway Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office and Medium-High Density Residential Property to the West: Business and Office The Site —The Pollos Y Jarras restaurant is located in tenant space #956 on the ground floor of the Aventura Mall expansion wing, as shown in Exhibit #4. The Project - The Pollos Y Jarras restaurant has opened in the space formerly occupied by Harry's Pizzeria in Tenant Space#956 in the Aventura Mall expansion. The restaurant has 3,060 square feet of floor area, with 80 seats at tables indoor, 48 seats at tables on the outdoor patio, 14 seats at the indoor pizza oven cocktail lounge/bar area and 7 seats at the second indoor cocktail lounge/bar area, for a total of 149 seats. Sales and service of alcoholic beverages is proposed at the indoor and outdoor tables and at the indoor cocktail lounge areas. The restaurant and the cocktail lounge are permitted uses in the B2, Community Business, zoning district. The floor plan is attached as Exhibit #5 to this report. A picture of the renovated interior is attached as Exhibit#6 to this report. ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. Public Hearing Notice - Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 3 Community Development Department Analysis-Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that no premises shall be used for the sale of alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the uses excepted by City Code from the spacing requirements) and 2,500 feet from a religious facility or school, unless approved as a conditional use. Section 4-2 (e) of the City Code allows certain exceptions from this conditional use requirement. Dining rooms in restaurants in the B2 zoning district that serve cooked, full course meals, prepared daily on the premises, are one of the exceptions provided by this Code section. Cocktail lounges in restaurants are also an exception to the conditional use approval requirement, provided that the restaurant has 150 or more indoor seats at tables, including bars or counters at which full course meals are available and provided that the restaurant has more than 2500 square feet of floor space. The dining room in the applicant's restaurant meets the above exemption criteria of Section 4-2(e) of the City Code as a full service restaurant; however, conditional use approval is required for the applicant's proposed sale and service of alcoholic beverages at the cocktail lounge/bar areas in the restaurant because they do not meet the exemption requirement above; that is, 150 or more indoor seats at tables and 2,500 square feet of floor space. The applicant's restaurant has a total of 101 indoor seats and 3,060 square feet of floor space. A liquor survey is required to show spacing and distance to other non-exempt establishments with an existing alcoholic beverage license and to religious facilities and schools. The applicant has submitted the liquor survey attached as Exhibit #7. The survey reveals seven (7) establishments within 1500 feet that have an alcoholic beverage use and are not one of the uses listed as an exception from the spacing requirements of the City Code; those being, Total Wine& More, Publix Liquors, Piacere News Cafe, Publix Liquors, Pubbelly Sushi, Quore Gelato, Caviar & More and Beluga Bar, two (2) religious facilities within 2500 feet; being Aventura Turnberry Jewish Center and Beth Torah and two (2) schools within 2500 feet; those being the Tauber School at Aventura Turnberry Jewish Center and Hillel School at Beth Torah. Criteria According to Section 31-73(c) of the City Code, a conditional use approval application is evaluated using the following criteria: 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Business and Office. The business and office future land use designation accommodates the full range of sales and service activities. 4 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed service and sale of alcoholic beverages at the interior cocktail lounge/bar areas within the restaurant will not be detrimental to or endanger the public health, safety or general welfare. The conditions that on-premises consumption of the alcoholic beverage will be made only in conjunction with food service and that the use may be terminated by the City Manager if the use creates a disturbance or is operated in violation of the conditions of this approval will provide safeguards to ensure that the use will not be detrimental. The former restaurant at this location received conditional use approval for sale and service of alcoholic beverages at these same interior bars. There are other adjacent full service restaurants that serve alcoholic beverages. No complaints from the public have been received by the City. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed use is comprised of retail, restaurant, office, hotel, commercial and medium and high density residential uses. The proposed use is consistent with the community character of the immediate neighborhood and existing uses within the Aventura Mall. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. The Aventura Mall is developed, with the expansion area approved and under construction. The proposed use will not change the current levels of service required. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The proposed use is located within the Aventura Mall expansion area. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the Aventura Mall exist on Biscayne Boulevard, Aventura Boulevard, West Country Club Drive and NE 29 Avenue. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. 5 The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed use is within a restaurant on the ground floor of a tenant space that is internal to the Aventura Mall expansion. It will have no visual or other adverse effects on adjacent property. The Aventura Mall expansion has the required setbacks, buffers, landscaping and other design criteria required by the City Code. 6 c UP bZ- Ez)b PADELL VIA ELECTRONIC MAIL L s t W41M January 25, 2021 200 S.Biscayne Boulevard Ms. Joanne Carr Suite 300,Miami,FL 33131 Community Development Director City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6235 office Planning Director City of Aventura 305.377.6222 fax bfernandez@brzoninglaw.com Re: Pollos y Jarras Restaurant — Aventura Mall 19565 Biscayne Boulevard, No. 956, Aventura, Florida Dear Ms. Carr. Our law firm represents GIANTI INVESTMENTS LLC (the "Applicant's in relation to the referenced Pollos y Jarras Restaurant that will be opening soon in Room 956 at the Aventura Mall (the "Property'). This letter shall serve as the Applicant's letter of intent in support of the application for a Conditional Use approval to allow the restaurant to serve alcoholic beverages pursuant to City Code Section 4-2. Pollos y Jarras is casual Peruvian restaurant to be located in the former site occupied by Harry's Pizza. The restaurant is presently undergoing minor internal remodeling and intends to be open and in full operation within the coming months. The restaurant specializes in exquisite barbecues and juicy meats and is also well known for its original rotisserie chicken and succulent sandwiches. Pollos y Jarras also offers a full bar as well as wine and beer drinking options to its patrons. The restaurant includes a total of approximately 101 indoor seats and 48 outdoor seats. The restaurant intends to provide table service to its patrons. Since the restaurant does not have one-hundred and fifty (150) indoor seats the restaurant requires a Conditional Use permit,as it is not exempt pursuant to the recently adopted Aventura Ordinance No. 2020- 03. EXHIBIT 1 CUP2102-0001 Ms. Joanne Carr Page 2 Conditional Use Request. Pursuant to the Section 4-2 of the City's Alcohol Beverage Regulations and the applicable Land Development Regulations (LDRs), the Applicant requests a Conditional Use approval to permit the sale of alcoholic beverages where other establishments selling alcohol exist within one-thousand five-hundred feet (1,500'). Section 4-2 provides as follows: Unless approved as a conditional use, no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 1,500 feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The 1,500 feet distance requirements shall be measured by following a straight line from the nearest portion of the structure of the place of business. There are other similar establishments within one-thousand five-hundred feet(1,500')that are already located within the mall. However, the Conditional Use is supported by the fact that the existing bar described on the enclosed plan for Pollos y Jarras is intended to primarily serve the patrons dining in the restaurant and in the outdoor seating area. It is also significant to note that large malls, like the Aventura Mail, typically offer a variety of dinning and drinking options along with the with the many other uses within the mall. Furthermore, Pollos y Jarras, has a proven track record in the community for providing good food in a family oriented atmosphere. The restaurant intends to offer alcohol sales at this location in a responsible manner to its patrons and visitors to the Aventura Mall. The Mall has operated with similar uses successfully and, Pollos y Jarras will add to the restaurant options at the Mall. Conditional Use Criteria. The proposed Conditional Use addresses the criteria described in Sec. 31-73 governing Conditional uses as follows: 1. The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan, specifically a collection of different commercial and retail uses are encouraged within the Business and Office designation. Bercow Radell Fernanoez Larkin&Tapanes 1305,377 6235 direct 1 305,377 6222 fax 11 bfc�rnandez(c�nrzoninglaw.com Ms. Joanne Carr Page 3 2. The maintenance and operation of the restaurant shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. The Applicant intends to provide the sale of beer, wine, and libations to its patrons. There are several other establishments within the Aventura Mall that serve alcohol to its patrons and it has been demonstrated that this can be conducted in a positive and responsible manner. 3. The restaurant shall be consistent and compatible with other similar the dining establishments within the Aventura Mall and the neighborhood. The Property is consistent with community character of the immediate neighborhood. Again, it will serve very limited alcohol sales within the Aventura Mall, where other such establishments have existed responsibly for some time. 4. Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs. A building permit has already been issued for the proposed restaurant and there are adequate utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, that will be available concurrent with demand for the project. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The restaurant is located within the Aventura Mall that has adequate ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop for uses permitted in their zoning districts. Bercow Radell Femanaez Larkin&TaGanes 13C5.377 6 236 direct'305.377.6222 fax I b*errandez, bizoninglaw.com Ms. Joanne Carr Page 4 7. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed restaurant is taking over the space of the former Harry's Pizza and the exisiting restaurant space is already compatible with the other shops and restaurants within the Aventura Mall. There will be no adverse effects associated with the proposed dining establishment. For all of the foregoing reasons we hereby request your favorable review and recommendation. We would appreciate your scheduling this application for the next available public hearing. Thank you for your attention to this matter. Sincerely, Ben Fernandez BF/bl Enclosures Bercow Radell Fernandez LarKin Tauanes 3C5 377 6235 direct i 305.377.6222 tax I b`eroandez((�brzoning law.com i, . BROWARD COUNTY L DADECOUNTY '' ■�"'Lf!•L'!�{t'7 h7Sf�!'R1i7'8 Park ream �, 4y YACH LUB DR. ■ 1 MARINA • .b Aventuru HARBOR COVE :r Hu.epital ,O WAY CIRCLE ■ �■ d Medical LaAY • ;■ Cenrer m Q MP INERW ■ :r :r Waterways ■ .■ WATERWAYS Shoppes 207 ST. ■ ;r w ■ w COUNTRY CLUB DR. �O The Ccf�'205 ■ '■ Promenade ' '• Shops co ■ IVES DAIRY RD. :. 203 ST. CD d cTF�L� ■ ;■ N �■ 201 TER. rn tt • m ■ N Turnberry Isle ■ m Resort do Club ' '■ AVENTURA 0Lv0. D ° U ° J //OQ t• Q i Fi re cue �ye • es Aventura Q. • Station tibr,ory Subject Site �� 3 :r z Q . 6 Aventura Mall Z m i, YACHT City of Aventura UVB ~ • :r Government Center ' • :a 192 ST. WtLL1AM UEHMA • • 192 ST. m OQ • 191 ST. Q� i w :° 1909 MYSTIC x :a Lochmann's • ° Fashion ui • t] ■ > 3 :r Island _ • ■ m 188 ST. Z ,• N MIAMI 33180 5 GARDENS DR. '• _ _ _ • :• ' 1 :• 183 ST. 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Applicant Representative Affidavit Signed 03.30.2021 .pdf DocVerify ID: OB540552-F3B2-4998-B123-9DAD708DCOBO Created: March 31, 2021 06:54:37 -8:00 Pages: 7 Electronic Notary: Yes / State: FL This document is a DocVerify VeriVaulted protected version of the document named above. It was created by a notary or on the behalf of a notary,and it is also a DocVerify E-Sign document,which means this document was created for the purposes of Electronic Signatures and/or Electronic Notary.Tampered or altered documents can be easily verified and validated with the DocVerify veriCheck system. Go to www.docverify.com at any time to verify or validate the authenticity and integrity of this or any other DocVerify VeriVaulted document. ESignature Summary E-Signature Notary:Betty Llerena(BII) March 31,2021 06:57:20-8:00[01AOC742F7CC][162.244.152.118] bllerena@brzoninglaw.com r I ' I IIIIII IIIII IIIIII IIII IIIIII IIII IIIII IIIII IIIIII IIII IIIIII IIIII III IIII DocVerify documents cannot be altered or tampered with in any way once they are protected by the DocVerify VeriVault System.Best viewed with Adobe Reader or Adobe Acrobat. All visible electronic signatures contained in this document are symbolic representations of the persons signature,and not intended to be an accurate depiction of the persons actual signature as defined by various Acts and/or Laws. DocVerify ID:OB540552-F3B2-4998-B123-9DAD708DCOBO Generated Cover Page 9DAD708DCOB0 ,III www.docverify.com DocuSign Envelope ID:8BO1019B-30EO-458D-B2FO-9D6ACOA75FO8 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i)of the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit,which is identified in the accompanying application,and the owner of the property subject to the application(if different)hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship (i.e.Attorneys,Architects, Landscape Architects, Engineers, Lobbyists, Etc.) Ben Fernandez Attorney Michael J. Marrero Attorney (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS 30 DAY OF March fix, 2021. AUTHORIZ 5 w�ATIVE OF APPLICANT: OWNER DocuSigned by: B � ( � ' By: �,IA.IS �-bt�bS y BCE 14EWOCa 2... 68Tc3B6'?734� ... ignature� (Signature) Name: Ben Fernandez Name: Luis Hoyos (Print) (Print) Title: Attorney Title: Owner Address: 200 S. Biscayne Blvd. Suite 300 Address: o Miami, FL 33131 0 c M STATE OF FLORIDA ) 0 COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared Luis Hoyos P.e authorized representative of the N Applicant and/or the owner of the property subject to the application, who being first y me duly sworn, did swear or affirm that he/she 0 executed this Affidavit for the purposes stated therein and that it is true and correct. �,luS �tbt�bS °7 A6708A3B617347B... AFFIANT a SWORN TO AND SUBSCRIBED BEFORE ME this 3�iay of March 2021 °' FPublic Notary Public Stat 'rT& age v 175999 Printed Name of Notary Betty Llerena m e of Florida My commission expires: arc ,pires Mar 05,2022 0 a Co 7.lry7lmP 7111�„oss,�Ps, 0 DocVerify ID:OB540552-F3B2-4998-B123-9DAD708DCOBO Page 1 of 7 19DAD708DCOB0 w ,III ww.docverify.com DocuSign Envelope ID:8BO1019B-30EO-458D-B2FO-9D6ACOA75FO8 i-t BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x'applicable portions only) X 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. ] J 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as follows: (]i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; (]ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; [J iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (]iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [(v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the b iness of the Applicant or Representative in a given calendar year. WITNESS MY HAND THI DAY OF 2AQat 2021. APPLICAN . (Signature) Name. S (Print) Title: O _-(Print) O WITNESS MY HAND THIS DAY OF' - _,XgX 2021. o T a PROPERTY OWNER: By: (Signature) Name:Mario RominefiaK&4�on be a (Print) N Title:oAven ura venture (Print) O N The terms 'Business Relationship," "Client," "Customer," 'Applicant," 'Representative"and "Interested Person"are derned in 0 Section 2-395 of the Aventura City CodeCP 0 0 a 0 n N_ CD aD O O a N CD M LL N LL] LL] O " a LL] CD O www.docv ID:0B540552-F3B2-4998-B123-9DAD708DC0B0 Page 2 of 7 29DAD708DCOB0 www.docverify.com DocuSign Envelope ID:8BO1019B-30EO-458D-B2FO-9D6ACOA75FO8 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with'x"applicable portions only) (JSj1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; (]ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; (]iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (]iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS 28 DAY OF January 2Wx, 2021. APPLICANT: By: (Signature) Name: _(Print) Title: (Print) g WITNESS MY HAND THIS AY OF ,2ax 2021. T PROPERTY OWNER: fly: Ci- —~ (Signature) Name:Marto Rom tne or&on ehal (Print) N Title:oTnfTr—a matt venture (Print) 0 N 'The terms 'Busyness Relationship," "Client," 'Customer," 'Applicant," 'Representative"and '%n�erested Person"are derined in o Section 2-395 of the Aventura City Code. CP 0 a 0 n N_ CD aD O O a N CD M LL N LL] LL] O � e CD O www.docv ID:0B540552-F3B2-4998-B123-9DAD708DC0B0 Page 3 of 7 39DAD708DCOB0 www.docverify.com DocuSign Envelope ID:8BO1019B-30EO-458D-B2FO-9D6ACOA75FO8 WITNESS MY HAND THIS 30 DAY OF March Nqc.2021. DocuSigned by: REPR S NTA VE: Listed on Business Relationship Affidavit) �luS By. As7osASBs,7s476... (Signature) By: (Signature Name: Luis Hoyos (Print) Name: (Print) Title: Tenant/ Operator (Print) Title:_ (Print) By:_ nature) By: (Signature Mario Romine for n beha of Name:Aventura enture (Print) Name: (Print) e: Owner (Print) Title: (Print) — o�f — By:__ RcEMAEa=_4A2 (Signature) By: (Signature Name: Ben Fernandez (Print) Name:_ (Print) Till TUt�OM2M024-5C— (Print) Title: (Print)By: �b (Signature) By: (Signature Michael J. Marrero Title: (Print) Title: (Print) Title:Attorney (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) 0 M NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 0 M 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of N the City's Land Development Regulations in the City Code, in the event that prior to consideration of the 0 application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. U DocVer 0 0 0 n 0 Q 0 rn r N m W 7 N m M LL N N N O 7 N 07 O www.docv rif 0B540552-F3B2-4998-B123-9DAD708DC0B0 Page 4 of 7 49DAD708DCOB0 ,III 'I II www.docverify.com DocuSign Envelope ID:8BO1019B-30EO-458D-B2FO-9D6ACOA75FO8 WITNESS MY HAND THIS 22 DAY OF February — W.2021. REPRESENTATIVE:(Listed on Business Relationship Affidavit) By:_- (Signature) By: (Signature Name: (Print) Name: (Print) Title: TeZntOperator (Print) Title: (Print) By:r��­—C\l'- (Signature) By: __ (Signature Mario Romine for&on behalf of Name:Auentura Malt Verliture (Print) Name: (Print) Title: ner (Print) Title: (Print) By: alure) By: (Signature Name- Ben Fernan (Print) Name Title: Alt ey _(Print) Title:_ (Print) y: (Signature) By: (Signature Title: _ (Print) Title: (Print) Title: _(Print) Title:_ (Print) By: (Signature) By (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title:_ (Print) 0 0 a NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 0 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the N application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or m incomplete, 0 U m 0 Q CP rn M N_ CD aD O O a N CD M LL N LL] LL] O a LL] CD O Docvercv ID:0B540552-F3B2-4998-B123-9DAD708DC0B0 Page 5 of 7 59DAD708DCOB0 ,III 'I II www.docverify.com DocuSign Envelope ID:8BO1019B-30EO-458D-B2FO-9D6ACOA75FO8 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Luis Hoyos R �iLp�gcbbeing first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. �S C1 bf�bS A6708A3B617347B AFFIANT SWORN TO AND SUBSCRIBED before me this 30 day of March 2W 2021. etlly Llerena `";"`"", lommission#GG 175999 N aMub ,y,, s, e y erena gotary Public-State of Florida Printed Name of Notary Qy Commission Expires Mar 05,2022 My commission expires:March 5, 2022 STATE OF FLORIDA )—7.7,py 7—7 7.7777 COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Mario Romine the Affiant,who being first b y sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this—d _ _ 2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Ben Fernandez BdUaitnWioybeing first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. n / E979G4A2... AFFIANT SWORN TO AND SUBSCRIBED before me this 30 day of March _2=2021. FLIe f�}ary 175999 ljett�btlerene of Florida Printed Name of Notary pires Mar 05,2022 My commission expiresMarch 5, 2022 ------- -------------------------------------------------------- ---------------------------------------- STATE OF FLORIDA ,Ay���p�, o, az COUNTY OF MIAMI-DADE)rvs� a 0 Before me,the undersigned authority,personally appeared Michael J 7EDOF2827F5D245C... tfMbnvbcb0eing first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. N AFFIANT SWORN TO AND SUBSCRIBED before me this_30.day of March 2 2021. o FNotaryPublic Notary Public State ofe CP GG 175999 Betty Llerena m tate of Florida Printed Name of Notary March 5, 2022 Expires Mar 05,2022My commission expires: N CD M LL ry � iuyaw.m.x asi oiroczazrzcc N DocVer LL] LL] O a LL] m O www.docv ID:0B540552-F3B2-4998-B123-9DAD708DC0B0 Page 6 of 7 69DAD708DCOBO ,III M 'I II www.docverify.com DocuSign Envelope ID:8BO1019B-30EO-458D-B2FO-9D6ACOA75F08 9�- NOTARIZATION PROV SION STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me,the undersigned authority,personally appeared__, Luis H s the Affiant,who being first by me duly swan,did swear or affirm that he/she executed this Affidavit for the purposes slated therein and that it is true and ct. -- SWORN TO AND SUBSCRIBED ore me this day of_. 200 . Notary Public State of Florida At Large - Printed Name of Notary — My commission expires:_. _................................. .._._.--•---•--•--------._..____.___._..� STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Mario Romine —the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT~—-_r � n SWORN TO AND SUBSCRIBED before me this �day of BETTY UAW 4P,�n_te6a of Florida At Large ;, �,,� arlY CW►�itSSItJN#f 11l39 P;o�: EXPIRES:M"S,ZOZZ otary �q. 8=W7lsv*tVyP4ga0td8rNiUir'i My commission expires:—_._ ........................ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) s Before me,the undersigned authority, Ben Fernandez g ty,personally appeared___ (an who being first rRe quly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. y A FIANT _ SWORN TO AND SUBSCRIBED before me this __day of (�A(q2001. �___ ���, Notary Public State of Florida Maidoly Telleria Notary Public Slat f Florida At Large �r My Commission GG 359652 _ _ __ Expires0712812023 �p Printed Narr>e of Notary My commission expires-_-- ..... -_-..._.---.--_-----.__-___,__._ STATE OF FLORIDA ) O COUNTY OF MIAMI•DADE) 0 Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. 0 o AFFIANT N ' SWORN TO AND SUBSCRIBED before me this-,__day of__—_200_ 0 0 o Notary Public State of Florida At large o Printed Name of Notary My commission expires:_ M N 07 W 7 N m M LL N N N O 7 N 07 O Dww.do v rif 0B540552-F3B2-4998-B123-9DAD708DC0B0 Page 7 of 7 79DAD708DCOB0 ,III 'I II www.docverify.com RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT POLLOS Y JARRAS RESTAURANT IN TENANT SPACE 956 OF THE AVENTURA MALL EXPANSION, LOCATED AT 19565 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 4, "Alcoholic Beverages", of the City's Code of Ordinances, the applicant, Gianti Investments LLC, doing business as Pollos Y Jarras restaurant, through Application No. CUP2102-0001, is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at two cocktail lounge/bar areas within the Pollos Y Jarras restaurant in Tenant Space 956 of the Aventura Mall Expansion, as further described in Exhibit "A" (the "Property"); and WHEREAS, the Property is zoned B2, Community Business District; and WHEREAS, the City Commission held a quasi-judicial public hearing as provided by law to review the application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the sale and service of alcoholic beverages at two indoor cocktail lounge/bar areas within the Pollos Y Jarras restaurant in Tenant Space 956 of the Aventura Mall Expansion located at 19565 Biscayne Boulevard, legally described as Tract R & Part of Tract Q, Aventura 6t" Addition more particularly described in Exhibit "A", is hereby granted subject to the following conditions: i) Alcoholic beverages may be sold and served to patrons seated at two indoor cocktail lounge/bar areas within the tenant space only in conjunction with the service of food. Discontinuation of food service at the cafe shall terminate this approval to sell and serve alcoholic beverages. ii) Customers will not be permitted to consume the glass or other open container of alcoholic beverage from the restaurant. iii) Customers may purchase sealed bottles for off-premises consumption pursuant to the applicable State license. iv) This approval is granted exclusively to Gianti Investments LLC doing business as Pollos Y Jarras in Tenant Space 956 in the Aventura Mall City of Aventura Resolution No. 2021- Expansion and may not be transferred to another owner and/or operator of the tenant space. v) The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. vi) The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. vii) The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over-served at other establishments. viii) The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community or to Mall patrons and/or that the applicant has violated any condition of this approval. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. ix) Any discontinuation of the sales and service of beer and wine for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. Section 2. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 2 of 12 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 6t" day of April, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2021. CITY CLERK Page 3 of 12 City of Aventura Resolution No. 2021- EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The Lard referred to hereirt bed Is situated in the County of Miami- Dade, Miami- Dade, State of Florida, and is described as fig PA CE I Tract , of AVENTURA SIXTHN,according to the plat thereof,. as recorded in Plat B 120, Page 20,of the Public Records of Miami- Dade County, Fimida, PARCEL 2 portion bract'0, cif AVENTURA SIXTH,ADDITION, rding to the plat thereof, as recorded in Plat Book 120, Page 201 of Vie Public Records of Miami-Dade County, Mrida,described as furl Cominence at the No. - t comerofS i n 3, Township 52 South, RarTe 42 East M ,n1mDade County, Florida,the 87'2 V East, along the lime of said Section 3 for 575.63 feet to a point on the cline of Aventura Boulevard as shownon said plat of"Aventura Sixth Addition";thence South 02"3231" East for 73.E feet to a point on the North fine of said Tract'Q' thence So 8702T29"West,along than North lire of 'f for 12.60 feet,to a point of re; thence Southwesterly and Southeasterly along the arc of said curve to the left having radius of 60.00 feet and a centrat,angle of !9'3624'for an art distance of 78.1'8 feet to the point of tangency being on he Westerly Isar f Tract"H"of RAventura Fourth AddMW,acwrding to the plat thereof, recorded t Book 116, Page 34, Public Records of Miami-Dade County, Florida; thence South 024 55"East along the Westerly of said Traact�N"for423.52 feet thenceNorth 874'52W East for 2�6.00 foot to Me PO4NT Of BEGINNIING of the following described tract of land; thence North 57-052a "East for 148,00 feet;thence North 42*5706' East for 66.57 feet,thence North 02* 7*55"West for 31,63 feet to a point of curvature'.thence Northeasterly along the arc of said curve to the right having a radius of 325.00 feet and a central angle of 72*2&45_8'for an arc distance of 411 n 13 feet to the print of,tangency;thence North " "20"5&8" East for 122.00 25"20'53.8"C ast for 58,66 feet thence Now 25"53_'40",gust for'1 .96 feet to a point on than North Page 4 of 12 City of Aventura Resolution No. 202 1-_ line of said Trod"AY, said point also being on the are of a cit curve concave to the Northwest and bears South 21'1921" East froM the oerbr of said curve; thence Northeasterly along the are of said curve to it*,left, and along the Northern line of said Tract"Q'. having,a radl us of 1505 AO feel and,a central angle of,04'13411,1)"for an arc distance of 120.12 feet thence South W63400'East fdr 11 feet,to a point on the arc of a cWmW cum concave to,the Sottheast and boom North 46'09'58*Wast hom te center of said curve-,Vmnce,Northeasterly and Southeame4y along the arc of said circular curve to Itm right havhV a radius of 500.001 feet and,a central angle of 660'242T for an arc distance of 570.78 f*M to a point of reverse curvature, therics Southeasterly aloing the atc of s" curve to the Wft havhV,a radius of 125.00,feet and a centrad a"of 2341OW for an arc distance of 50.58 feet ftrm South 13:006'55" East for 10,62 ftet; thance North 71175,11057 East for 342A5 feet,to a point on the arc of a circular curve concisve to the Northeast,said point bears South 81'31V4V West from the center of said curm, thence Southeasterly sknV the arc of said,cw"to the left having a radius of 8 10,00 fee-t and a central angle of 04481135"for an arc distance of G&OO,feet to the Int of POI tangency;thence South 130081561 East for 46940 kot the North 87'1928" East for I 11,00 feet(the,last eight(8),courses" Wong the boundary of said,Tract"O,")-,thence South 0244CY320 East for 42.001 fim; thence North 87"1 M" East for 12100;feet;thence South 02'40'32*East for 2OZO feet;thence North 87"1 92r'East for 74,M feet; the South 02'40'32' East W, 639M feet-,r*noe North W4*34*East for 4ZOO feet,'thmxe South 02*4932*East for 11&48 feet:ftier imm North 81`11?V East for 294.34 feet W a point on the am of a aircular curve concave to the Niodheast sab Point bears South 81'1111 2ir West from Me center of said curm,sad point aiso being on Me East kne of said Tract W as shmm on said plat ofmAvanturaAddition-, thence southeasterty aWq the are of saki curve to The left and along the,East fine of said Trac;VQ", having W its e4emerds a radius of 4656,W feet and a central angle of OW08"W 639429 feet',thence North,696 11'56'West for 25.00 169 to a point on the arc of a circular curve concom to,the, Northmat, said point bears South 69"1"8"East from lhe ceder of said curve,thence Soutboostarly and Southwesterly along the arc of said osve having a radius.of 30,00 feet and a central angie of 64"25*24"for an arc distance of 3173 feet to the point of tangencyl.: thence South O"071V West for 87.61 feet to a point of cum thence South-westerly and Northwesterly along the are,of said curve t dius of MOO feet,and a central angle of 9,205672"for an arc distance of 48.66;IM to,a,point of reverse curvature,, thence NcithmAm"alaV, the arc of said curve to the Page 5 of 12 City of Aventura Resolution No. 2021- having a radius f 55-5,00 feat and,a cenbral angle df' " '3 "for an arc rc lr the _ l _to Om fro bears South 119m East frorn the,cwftr of said , thence Southvvestedy along arc of said curve to the rOMhaving i of 1W }feet and a central angle of WNW an etc distance 11110 feet to a point of reverse curvature;thence Soudwoes",along,the arc of saidourve to dw left having a radiusf 726.18 feet and a central angle of 71 1"for an am 41starm=d 371.43 IW to the poini M 1.34 feet to a,point,of curvaW, "; thence s lon the air 01'said ._. . to ft rightg a radiusof 11 OM feet and a central angle an arc dista of 48.00 leet,thence fio-oow East,m4ffal to the last described curve for 31. E feet-, thence South 1 " t for 92,00 fee to a pointpoint on the am of a circular ou", concave to the Norlfwwk saw bears SouthOMWI V i off", Ownce Southeasterly and Northeasterly along the arc of said cures to the having a radius of 566M,169,and a central angWt of 0 for are amp distance of 532.17 feet to a point of reverse curvature,thence and Southeasterly along the arc of said curve having radiusof MAO fW and # angle of * , ' an atc distance of 51 M feet to the point of,tanq*W�'thence South 53407W lEast for 011 feet to a point Southeas"along The am of said curve to the left haVng a radius of 522.50 feet and a central angle of 7032"2r for anare distance 1.1 leat to a point of revarse curvature- Souftwmsterty along ft am of said curve to fha right having a radiusof 3 and a central angle of 126*37'W for as arc distance of 1016 thence 0 3 for_26M,fW to T W , said point also arc of a ckrcular curve ooncave to the North and bears,South 1®'3 '1 East from ft center Of SSWF thence Southwesterly along ft arcof said curve to the right and along the South line said Tract* having.a radius of 6604,58 feet and soentral angle of 04*13'04'for are arc distance of 411.84 ,thence "il - 3"11Y6 "West a youth i "W for 193,1'a feel,to apoint:on, circutar Southww conceninc wM the lam descrZed cum,said point bears O "24' "'East from Ow cenW of said cum;Otence Souftres"along the we of said curve to right h"g a radius of 5629. centralis of 01"D1T 1m for an arc distance of 100.40 feet tD a point on the arc of a arcularourve concaveto the Noritleast said p it ,1 South 06'00145"West from the carder of said arty Page 6 of 12 City of Aventura Resolution No. 2021- along the arc of said curve to the right having °ors 011070,17 7p,17 feet and a central angle of 7" "18"for are arc distance of 607.20,feet to the pol nt n g N t fear 400. E t point of curvature;thence _ rf arc off said mmw to,the left distance of 49410 p thence Noft, 11"I W21"West for 10.69 feet. thence North 0 * , N5 "East for 73, 1 t to point on the arc of a circularcurve said point bears South * " West from the cenw_ said, ;,thence fro terl alb the arc.of said cum t right � 'i275, , . _ and a angle f 7 *0513"for an arc,distance of 4,7 t k f t thence North * 7 "'West for 47007'55' Wet for .57 feet, o 70 5`" . . t for 148 t" thence North d ' "1t for 90,00 feet,thence North 87"52'05wEast for 148600 t thence 4 *52VT Eat for 58457 feet thence Nwh feet-,thence South OrSM"West W 1 - fthence 0 " 7" 5",West fir W,00 feet t t P tNT OF BEGINNING. LESS P the following paroolf land,* A parcel of tad lying in Section, , Township 52South,Range 42 East® MiamiDade County,,Florida, being mom particularly described as follows, , Cornmenoe at the N t cornef, of Section 3" Tovonship 52 South Range42 East" a County,Ronda;thence Nom, 3777W East along, the Section 3 for 87513 fee to a point on the centerfine of Avenwraa ;; South 0 1"East for 7 .OD loot to a point on the Southedy dght-of4wyOne of Aventuira, Boulevard-, thence South7* 7 9"West aWq said Southerly jight-of- way Vie,a distance,of 12.60 to a pojnla thence,78, fF� along a mow to the M having a radius of 60.00 fm and,a choird of 70.45 feet bearing South 4r3g4r wast to a point an the Easterly right-of-way line f State Road No.5 (U; , Hid 1).as shovion on the, Blot of "AVENTURA FOURTH,ADDITION', as recorded In Plat Book 116, Page of Via Public Records"' of Mi -Dade County" f�l r a„discs h 550 a said - line for a distance f 1320,72 t t 8r57W East fir, f �435.30 t to principal p of . f description; the 74*3V ' t for a distance of 1,70.36 feel to a point, thence North 150 'OCr West for a distance, f 18.00 feet to a point Page 7 of 12 City of Aventura Resolution No. -- thence Notth 74,10,3900P Fast for a distance of 491 A3 feet to a p0h* ftnce Sou,th W30W East for a distance of 380.10 feet to o point; therme South 0'3{ "West ft,,r a dlistance,of,16 A2 feet to a point; thence South 6003OW Eat for a distance94.67 _. South 29"NOT West for a,distarme, °54 feet,t a point thence South 011Y East for a distance of 31.21 hest,to a Point,, a South 1 "3P East 6 td��_. _ � of 51 . � . to a po4nt,thervos South 74*300W VOW,lr tarp 61.E The to a poems thence SotA 2 M West for a distance of 85.78 feet to a p P thence 66'00100"West for a distaive of 1492.20 to a poiM thence 320A2 feet Mong are,am to the rot having a radius of 2250.00 feet arxt a chord of: 3,20.15 feet and beating North 60*55 1 Y West to a point-,thence North "5CY26"West for a distance of 325.26 feet to a point,, thence 4W4773-W West for a distance of 4435,32 feet to,the principal al 1 and place of beginning. FURTHER LESS AND,EXCEPT the by Special p�Warranty �y9 [mod i in rynry®_� iBook1 - �}�2, 16, ecords of ade County, Fiord a, wit- portions of Tract" "®AVENTUIRA SIXTH ADDITION, according t the plat thered.recorded In Fiat Book 120,page 20, of the Pubes Records of County, F o N.W. % 3. v52,South, Range 42 East.and being, more particularly described a-.Wows i C—cmmence at the Souttvwest cortw of said Tr ad thencec West line of said Tract:* ", for the fbilovAng t ( )courses, (1) Nodh 02"0721"West.a distance of -24 5.93 t), thence 026MV West,a distance f 82.872 meters (271. )to Reference Point*A"and the POINTOF BEGINNING,,,thence continue along,said West line, North 02*0721" O %$W thence North 87'53vr East,a distarim of 0.457 meters(1. thence Borah 02"117'21"East, a distance '21.432 MO 90.00 t thence h €r 510,r West.a distanceof 0,. 1.50 f t AND Page 8 of 12 City of Aventura Resolution No. 202 1-- CorrurdKice at thal sfonamentioned,Reference Point' "f thence along the West fine of,said Tract'W".for,the following live(5)coune% (1),North *07 `10 West,a distance of 27.432 r (90." )l 2)thence North 1+4'*4N l(r Wesi, a distance 12_497 meters(41,0 ), ) North W 71100 West, distance of 15,246 r ( 0.02 leel)iAthence North 1'W1 ' , a distance of 39719 meters (130.31 t-' ihence af. "' 1"West, . 2"1 _ e (11 . . t _ P0JN F l d 141 N „thorn con.-_.. along said West line, North 02" '21"West, a distance f 27.432 meters (90.0 t);thence North, * 3TV East, a distance of 0.457 meters(1', D t);ftnes South 02*OT21�EaK a d° -27�432,r );thence SouM87*5-3V*W4W, ad1is of 0457 meters(1n ,t_ POINTBEGINNING. PARCEL reciprocalThe _, ingress, egress, parking and for utility aM other purposes created and granted as an appurlenance to Developer'sSite as defined in the Ease nt and _ rat hereirmUr referred to) aboye-desoibed Parcel 2 is a pan, in and by,that omrtain Easetnerd and Operating among Sears, Roebuck and Co� and . A roars Mall Venture datedSeptember b r 24, 1982 and recorded Octotw 4, 1982 in Oftal Rewfds Book 11574, Page 2 11; as amended in Official 1 - , P , btu rat, Miami-Oade , in,on over, upon and under certain ajoining real propefty therein more panic i rly described. PARCEL3 the Plat thereof, as recorded, in Plat Book 120 at Page 20 of the pubfic: records of MiamI40ade County,Florida,, described as 1 Commence at the S.E, r of 1 "e1 said Plat of"AVENTURA IXT, ,ADOfTI `-, saidpolfitt being on a cun a concave t . ,, thence along the Westerlyright y line Went Country Club Drive, the following three( ) s (1) thence a along the,art of said curve to the Jeft having a radius of 46M.66 feet and a central angle of V38TS" for 539-29 ftet to a paim on said curve and the,POINT OF Page 9 of 12 City of Aventura Resolution No. 2021- . i having, , radius of , 9 feet and a central angle of 2*4 1"for 22S.85 ftet to,a of reverse curvature, (3)thence Southeasterly along the am ofsaid curve to i It havWV a radkm of 1275.1 akl angle of 2'1 'for 212.25 finet to a poWof compoundto the right, thence Southeasterly,Westerly and Sou#vwesterly along the are of sold curve to the right having a radii of 60.0t and of @ 4-for 7 .19 feet,to,a p ` . d curvature : the rightr thence Sou#TAesterlyalong,the a said curve to the right hav[ng a radius of 6594 .58 feet,and ar centrall angle of 1" for 98.19 feet to apoint; tivmmoe NoM 4FO23Z'Wee for 2 .00%at,to a poft on a curve to ft Wk S_ E point bears So 5* 2' nter of sald curve; thence Northern d ralong arc of rcurve havinga radius 12 * Z55"'for 101 to ai ipoW curve to the right thence Nortmesterly alcog the we of said curve to the right having a radkm of 522.50, a central angle ZP 217w fist to a point of curvature of a cur",to the lat thence Northymsterly. Westerly and Southwesterlyl am of said curve tea having point of reverse curvatuTe;thence o a the arc of said curve t _ right a radius of a,t and con" of 132r for-53,2.17 feet to a point on said point be, 7*2711"West I curve-,thence Nbrth 0 . *East for 92.90 feet; thence North 3503OW West for 31.96,[ to a point on curve to the let thence Northeasterly along the afc of said mmm to Vie left,having al 110-0 feet and a,central angle of 2 T 48,00 fee,to a point of tangency;thence 2 '30'W East for 331.34 feet to as point of curvature of a curveto the right; thence r a . centralalong the arc of saW cuirve to Ow right having,a radius of 726.IS,fee and Le of 219*1 W21"for 371, ar point of revem, of a curve to the left thence Northeasterly along the are,of said curve to ft left in of 135.0 Aw, a a 1 angle, 11 .10 feet to a point on said curve,;therice North,15040OW East for 30.E feet to as po4rvt on as curve to right said point bears North 63"'1 990 Feat from.fromthe. centerof thence Southe", along ft, am ofright having a rafts of .0 and a central angle of 2 "44�30"for 2 f `rr1 of reverse curvature of to,the left,thence Southeasterly, a and NoMwastedy along the, to the lelt having a a central Page 10 of 12 City of Aventura Resolution No. 202 1-- aNle of 92"56M-m for 48,46 feet to a poir4 of,tangen,cy'.thence I 8 W- - Or,l 6"East WST81 feet to a point,of curvature of a curve,to ttm kit Vw,m,along the arc of said curve to the laft,having a radius of 30.0 feet and a central angle of 64'25'24'for 33,73 feet to a point on said curve,, thence South 69*17'55"East for 26.0 feet to the POINT OF BEGINNING., PARCEL4 A portion of Tract"Q'of AVENTURA SIXTH ADDITION, according to,the plat themof, remded In Plat Sook 12D,Page 20. Public Records of MiarnWade County,,FlorWa,descri—bed as foillows. Commence at the Southwest cmer of Tract"W of said Plat of A\T-MRA SIXTH ADDITION,according to the plot thereof, recorded in Plat Book 120t Page 20,of the PuNic Recordsof Mjami-Dade County, Florida-, thenw,North 0240'32"West along the West boundary fine of said Trad'R'and along to Bounclary Lie,of said TractV*,for 116-48 feet to the POINT Of BEGINNING of the hemin descAbod property; Mence continue North 02"40'32"West, along the previously described Ilme of 700.65,feet Vmwm South 87"I'1 9'2r West, along the boundary line of saiI!Tract*00,for 239.00 feet;thenm,Scum 02114,01320 East W 42-00 leek-thenoa North,87"19'28'*East for 123,00 feet, Ummice South 02"40W East for X 00 feet-,thence Northarmflm East for 74.00 feet thence South 02,64032m East along a line 42.00 feet wast of and parallel with the West fine of said Tract"W,for 639,00,feet fivwv*North W44'34"East fdr 42-00", to Ine POINT OF 13EGINMNG, PARCELS Non-exciusive easernem for vehicular and pedestrUm passageway created by and more poftula4y described in,the,instrument entffled Parking Esserneol arW Covenant Running with the Tide to Land betmeen AvenWra Mal Corporal;Jon and Donad of Florida, Inc. rewcled in Oftial Records Book 88 19, Page 106 ancl the Deollaration, Covenant and Reziprocm I Easement Agrewent recorded in Official ReooMs Book SU 1, Page 7115. as amended by the instruments recmded.in Official Recorcls Book 9002.. Page 840, Oftial Records Book 114990 Page 714, Oftal I Back 11499, P"o 73 1, Offlcial Records Book 15453, Page 2761 and Official Records.Book 15467, Page,325,excluding that podion of said! easamm which fles wbin Panxis 1,2 or 4 desonted above. Page 11 of 12 City of Aventura Resolution No. 2021- LESS AND EXCEPT THEREFROM-. A portion of Tracts"R"and 00",AVEU SIXTH ADDITION, according to the pW thereof, as.recorded in Plat Book 120, Page 20,ofthe ftoor , Flionda, ar-A being more parfimAstly described as follawso Begin all the Northeast comer of said 1 T"Ft"ol'AVENTURA SIXTH, ADDITION,being a po"onthe,Wesierty rightof way line of,West County Club ' 0" 'East along said West right of way line and East lire of said Tract" ", for 370,155 feet to a point on circullar mrve concave tot sty then Southeasterly said id West night of linerid t,fim of l Tradius to the teft thtough a central angle,of " for an arc dislance of 2M1 to a point on a circular curve concave to the Norliwmst whose,radiuspoint beam, North '11M1G" f; thence Southwesterly along a 50.00 foot radlu3to the right through a,centrali angle of 1 for an arc distanceof 13.77 feel,to of tangency',thence " "41'West for 66.02 feet to a point of curvature concaveto the North,F thence,Westerlyand Northwesterly Mon = a 134,00 foot radius curve leading to the fightthfaugh a central angle of North 2 * M "Fleet for 111.12 feet to a point of curvature to the Southwest,thence Nort r along a 158154 foot radiuscurve_ leading to the left through a cen#Wof ' '1 `'for an arc distance of 160.61 feet to a poiril of compound curoalwm, con4ave to the Southwest,thence Northwesterlyalong g �15 foot radius curve leading to the left through a central angle of *' 647" for an arc distance of 161.21 to a point of -. ',thence Borth 69*35101,West for, 67 26 feet thtmoe North 64*35W West for 3433 feet to a point circular curve concave to the Southeast and whose radial point beers South ' ° d"l i thence Northeasterly so- Ea along41,71 fact radlus curve loading to the ht through a central a &0 TIJ " for are are distance,of 38.65, to a point of a thence North MV ff"'East for I I.16 feet,thence North 02*1 *40P West f& 1919 thence North 8761978"East for 236,1 fast to a point on the Fast Wie of said Tract"R",y thence North 02g4V,32"West along said West,line for 147.46 feet to Me Northwest,convr of T *W,thence North Sr'lglfr East slong the North Ihe of's-aid Tract "for 266,00 feet to the P0t,NT'0F BEGINNING,, Parcel,Ids. Togiether with the Non-exclusiv Easaffitents for the bone*of Panceft 1 through 4 above for ingress, and for pedestrian and vehiullar access, drainage, l" w et encroachment a maintenance createdpuqxmn by d p x described Declaration Easernents a 1 r turn atl in Official o Sook 28917,Page 4465, of the Publics of fiti m i- County, Florida. Page 12 of 12 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson (9L City Manager BY: Joanne Carr, AICP J(Aw Community Development Director DATE: April 2, 2021 SUBJECT: Request to Modify Conditional Use Approval Resolution No. 2020-09 to Modify the Amount of Increased Floor Area Ratio in Section 3 and the Condition of Approval in Section 7 Subsection 5 (iii), for the 1212 Aventura Development Located at 21290 Biscayne Boulevard, City of Aventura, City Case File No. CUP 2101-0001 April 6, 2021 City Commission Meeting Agenda Item 6C RECOMMENDATION It is recommended that the City Commission approve the request to modify Resolution No. 2020-09 to amend Sections 3. and 7., subsection 5.(iii) of the Resolution to include the following requested revisions-'- Resolution No. 2020-09 Section 3. The application of Conditional Use to permit a floor area ratio of 4-.-99 2.0, where the City Code permits a maximum floor area of 1.39, is hereby granted, subject to the conditions set out in this Resolution, on property legally described in Exhibit "A" and known as municipal number 21290 Biscayne Boulevard, City of Aventura. Section 7. Approval of the application above is subject to the following conditions: 5. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, the applicant shall: ' Underlined text indicates addition to existing text. Strike-through text indicates deletion to existing text. (iii) complete, at its own expense, construction of the extension of NE 214 Street from NE 28 Court to Biscayne Boulevard, along with all required improvements on Biscayne Boulevard, as shown on the plans entitled "NE 214 Street Off-Site Roadway Improvements" as approved by the City, Miami-Dade County and Florida Department of Transportation;and provided that the City Manager is authorized to release this condition if: (1) the applicant demonstrates to the City Manager's satisfaction that this condition will prevent financing of the development, (2) the applicant provides a road construction cost estimate for all improvements outlined on the referenced drawings prepared, signed and sealed by a professional engineer and (3) the applicant provides a Letter of Credit or other security approved by the City Manager and City Attorney to secure those construction costs. Construction cost estimate shall include acquisition of necessary road widenings on Biscayne Boulevard and on the north limit of the extension road and all permits and permitting fees from regulatory agencies. THE REQUEST The applicant, Medical District Developments, LLC, is requesting modification of the conditional use approval granted in January of 2020 pursuant to Resolution No. 2020-09 to facilitate the construction of a mixed-use office, retail and assisted living facility at 21290 Biscayne Boulevard. The applicant requests revision to the resolution to increase the floor area ratio from 1.99 to 2.0 and to modify the condition that construction of the road extension between Biscayne Boulevard and NE 28 Court be completed prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy. The applicant's Letter of Intent is attached as Exhibit #1 to this staff report. Resolution No. 2020-09 is attached as Exhibit#2 to this staff report. BACKGROUND OWNER OF PROPERTY Medical District Developments LLC APPLICANT Medical District Developments LLC ADDRESS OF PROPERTY 21290 Biscayne Boulevard, City of Aventura (Location Map attached as Exhibit #3) LEGAL DESCRIPTION Nine parcels of land comprised of part of Lot 1, Block 3, Plat Book "B", Page 13, and part of the closed road allowance of NE 29 Avenue, and lots within Blocks 39 and 40, Hallandale Park, Plat Book 12, Page 37 and a portion of a reserved area on the plat of Hallandale Park, Plat Book 12, Page 37, recorded in the Public Records of Miami-Dade County, in the City of Aventura, Florida (Complete legal description attached as Exhibit #4) 2 The Site - The existing site is a 2.53-acre property on the west side of Biscayne Boulevard, between NE 213 Street and NE 214 Street. It is currently under construction. The Project - The applicant is building a LEEDO Gold certified, 218,762 square foot office/retail/assisted living development, as approved pursuant to Resolution No. 2020- 09 passed on January 7, 2020 and Administrative Site Plan Approval issued on October 6, 2020. A four (4) story, 63'8" tall office building fronts on Biscayne Boulevard, with ground floor retail and a landscaped rooftop garden. A 10 story, 128'8" tall assisted living facility sits on the westerly portion of the site on top of the retail and parking pedestal, with 160 living units on the fifth to tenth level. A rendering of the building and the site development plan are attached as Exhibits #5 and #6. Previous Approval and Revision Requests The development obtained conditional use approval through Resolution No. 2020-09. The conditional uses approved were additional lot coverage, height and floor area ratio and retail uses. The resolution also contained conditions to be fulfilled both before issuance of a building permit and before issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy. I. A floor area ratio increase from 1.39 to 1.99 was approved through the City's Green Building Program incentives for LEEDO Gold building construction. The applicant has prepared modifications to the building plan that increase the floor area ratio to 2.0, or 1,102 square feet more than previously approved. 11. Section 7., subsection 5.(iii) of Resolution No. 2020-09 provides that, prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, the applicant shall ..."complete, at its own expense, construction of the extension of NE 214 Street from NE 28 Court to Biscayne Boulevard, along with all required improvements on Biscayne Boulevard, as shown on the plans entitled "NE 214 Street Off-Site Roadway Improvements" as approved by the City, Miami-Dade County and Florida Department of Transportation".... This condition was proffered by the owner of the property as part of its application for conditional use to demonstrate its commitment to construction of the road extension notwithstanding the fact that required dedications for that road extension were in the control of other land owners. Since the time of the original approval, the owner has advised that its lender has expressed concern with this condition and it is delaying the final construction loan. Staff recommends that the following additional wording be added to the condition: "provided that the City Manager is authorized to release this condition if: (1) the applicant demonstrates to the City Manager's satisfaction that this condition will prevent financing of the development, and (2) the applicant provides a road construction cost estimate for all improvements outlined on the referenced 3 drawings prepared, signed and sealed by a professional engineer and (3) the applicant provides a Letter of Credit or other security approved by the City Manager and City Attorney to secure those construction costs. Construction cost estimate shall include acquisition of necessary road widenings on Biscayne Boulevard and on the north limit of the extension road and all permits and permitting fees from regulatory agencies." This will alleviate the lender's concern and the City will have the financial guarantee for the road construction either by the owner or by the City. This is similar to the condition that was added to the Park Square mixed-use development approval. In that approval, no certificate of occupancy was permitted until permits for all buildings within the development had been issued; however, the City Manager could release the condition if it was preventing financing. In that case, it did prevent financing of the hotel component and the condition was released. In this case, the City will hold a Letter of Credit or other security to ensure that the roadwork is completed. In the event that the road extension is not completed prior to a request for Certificate of Occupancy or Temporary Certificate of Occupancy, the development and its parking garage has access by way of NE 213 Street. It may also be accessed by way of a temporary driveway from Biscayne Boulevard, if approved by Florida Department of Transportation (FDOT), pursuant to a previous purchase and sale agreement for the most easterly parcel. ANALYSIS The revision request for increased floor area ratio does not change staff's analysis from the previous approval. The revised request continues to meet the criteria for approval of conditional uses in Section 31-73 (c) of the City Code. The revision request to the condition of approval is made to facilitate advance of the final construction loan. Approval of the condition revision request is at the discretion of the City Commission. Public notice of this application has been made in accordance with Section 31-71(e) of the City Code. As of the date of writing of this staff report, no public comments have been received. 4 BEAOOYd RADEL.L FERNANDEZ LARKIN TAPANM January 7, 2021 200 S.Biscayne Boulevard VIA ELECTRONIC MAIL Suite 300,Miami,FL 33131 Ms. Joanne Carr www.brzoninglaw.com Community Development Director City of Aventura 305.377.6238office 19200 West Country Club Drive, 4th Floor 305.377.6222 fax Aventura, Florida 33180 mmarrero@brzoninglaw.com Re: Modification to Conditional Use Approval — 12/12 Aventura — 21290 Biscayne Boulevard Dear Joanne: This law firm represents Medical District Developments, LLC (the "Applicant"), with regard to an application for modification of a conditional use approval ("Conditional Use") for the 12/12 Aventura project (the "Project") for property located at 21290 Biscayne Boulevard (the "Property"). This shall serve as the required letter of intent for a request to modify the allowable maximum floor area (FAR) and a condition in the existing Conditional Use Permit. Pro e . The Property is identified by the following Miami- Dade County Folio Numbers: 28-1234-004-1450, 28-1234-004- 1470, 28-1234-004-1480, 28-1234-004-1540, 28-1234-004-1550, 28-1234-004-1530, 28-1234-004-1500, 28-1234-004-1490, 28- 1234-004-1430, 28-1234-004-1420, 28-1234-004-1410 and 28- 1234-001-0152. The Property is approximately 2.49 acres in size and located within the City of Aventura (the "City) Medical Office (MO) and Community Business (B2) zoning districts. The project is currently under construction. Conditional Use Approval. The Property obtained a Conditional Use approval on January 7th, 2020 from the City pursuant to City Commission Resolution 2020-09 (the "Resolution"), which granted additional lot coverage, height and EXHIBIT 1 CUP2101-0001 Ms. Joanne Carr Community Development: Director Page 2 FAR for the proposed "1212 Aventura" project. This approval specifically contemplated development plans titled "1212 Aventura" by Arquitectonica dated September 9, 2019, revised September 22, 2020 and signed and sealed October 2, 2020 (the "Project"). The Project includes a 4-story 63' 8" tall office building with ground floor retail and a 10-story 128'8" tall assisted living facility (ALF) and with independent living units and ground floor retail. The Resolution requires that the Project obtain LEED Gold certification in order to realize these development incentives. Additionally, an Administrative Site Plan Approval was granted for the Project. The approved Conditional Use allowed for a maximum FAR of 1.99. However, the Applicant has prepared modifications to the plans that will provide FAR up the maximum allowable 2.0. Additionally, one of the conditions provided for in Resolution 2020-09 requires some modification in order for the project to proceed with some level of certainty. Specifically, Condition 5(iii) reads as follows: Prior to the issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, the applicant shall provide, at its own expense, construction of the extension of NE 214 Street from NE 28 Court to Biscayne Boulevard, along with all required improvements on Biscayne Boulevard, as shown in the plans entitled "NE 214 Street Off-Site Roadway Improvements", as approved by the City, Miami-Dade County and Florida Department of Transportation. The Applicant remains committed to the NE 214th Street improvements contemplated in the above condition. However, the Applicant requests that the above condition be modified to require that the Applicant provide the City with evidence of the funding available for the construction, as well as a requirement that the Applicant dedicate all area required for the extension of NE 214 Street that it owns. Additionally,the Applicant will provide for the associated permits and permitting fees through the Florida Department of Transportation and the City of Aventura. This is critical because the condition as it currently reads is preventing the Applicant from obtaining the complete financing for construction of the project. Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Ms. Joanne Carr Community Development Director Page 3 For all the foregoing reasons, the Applicant respectfully requests your department's approval of this application to modify the Conditional Use approval. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238. Sincerely, Michael J. Marrero Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com t RESOLUTION NO. 2020-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)K. AND L. OF THE CITY CODE TO PERMIT A LOT COVERAGE OF 49.55%, WHERE THE CITY CODE PERMITS A MAXIMUM LOT COVERAGE OF 40% AND TO PERMIT A FLOOR AREA RATIO OF 1.99, WHERE THE CITY CODE PERMITS A MAXIMUM FLOOR AREA RATIO OF 1.39; GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)C. FOR AN INCREASED HEIGHT OF 128 FEET, 8 INCHES, WHERE THE CITY CODE PERMITS A MAXIMUM HEIGHT OF 120 FEET; GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31- 144(F)(2)D. FOR RETAIL USES AS PART OF A NON-RESIDENTIAL DEVELOPMENT, TOTALING 9.38% OF THE BUILDING FLOOR AREA, WHERE THE CITY CODE PERMITS RETAIL USES NOT IN EXCESS OF 15% OF THE TOTAL BUILDING AREA; VACATING THAT PORTION OF NE 213 STREET RUNNING EASTERLY FROM NE 28 COURT TO ITS TERMINATION, NE 28 COURT BETWEEN NE 213 STREET AND NE 214 STREET, A PORTION OF NE 29 COURT AND NE 214 STREET AND A PORTION OF LAND RESERVED FOR FUTURE ROADWAY; RESERVING TO THE CITY ALL NECESSARY UTILITY EASEMENTS, ALL FOR THE DEVELOPMENT OF A RETAIL/OFFICE/ASSISTED LIVING FACILITY LOCATED AT 21290 BISCAYNE BOULEVARD IN THE CITY; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31, "Land Development Regulations,"Article VII, Use Regulation, Section 31-144 "Business Zoning Districts," of the City Code of Ordinances, the applicant, Medical District Developments, LLC, has applied to the City of Aventura (the "City") for Conditional Use Approvals (Application No. CU1911-000) related to the development of a retail/office/assisted living facility (the "development") located at 21290 Biscayne Boulevard in the Community Business (132) District and Medical Office (MO) District, as legally described in Exhibit"A" (the "Property"); and WHEREAS, pursuant to Chapter 14, "Buildings and Buildings Regulations"Article VI, "Green Building Program,"the applicant has voluntarily elected to construct the facility as a LEED®Gold development, which provides for certain incentives; and WHEREAS, pursuant to Section 31-144(f)(2)k., the applicant has requested Conditional Use Approval for a LEER® Gold development to permit a lot coverage of 49.55%, where the City Code requires a maximum 40% lot coverage; and EXHIBIT 2 CUP2101-0001 City of Aventura Resolution No.2020-09 WHEREAS, pursuant to City Code Section 31-144(f)(2)1., the applicant has requested Conditional Use Approval for a LEEDO Gold development to permit a floor area ratio of 1.99, where the City Code permits a maximum floor area of 1.39; and WHEREAS, pursuant to City Code Section 31-144(f)(2)c., the applicant has requested Conditional Use Approval to permit the assisted living facility to be built at a height of 128 feet, 8 inches, where the City Code permits a maximum height of 120 feet; and WHEREAS, pursuant to City Code Section 31-144(f)(2)d., the applicant has requested Conditional Use Approval to permit retail uses as part of a non-residential development, totaling 9.38% of the building floor area, where the City Code permits retail uses not in excess of 15% of the total building area; and WHEREAS, the applicant has applied to the City to vacate portions of NE 213 Street, NE 214 Street, NE 28 Court, NE 29 Court and land reserved for public road purpose, as legally described in Exhibits"B,""C,""D," and "E" (collectively, the Rights-of- Ways") (Application No. ABRW1911-000); and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein, the rights-of-way in question are no longer needed by the City or the public, and it is in the best interest of the City to grant the requests for Conditional Use Approval and Rights-of- Way Vacations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. The application for Conditional Use to permit a lot coverage of 49.55%, where a maximum 40% lot coverage is permitted by Code, is hereby granted, Page 2 of 14 City of Aventura Resolution No.2020-09 subject to the conditions set out in this Resolution, on property legally described in Exhibit "A"and known as municipal number 21290 Biscayne Boulevard, City of Aventura. Section 3. The application for Conditional Use to permit a floor area ratio of 1.99, where the City Code permits a maximum floor area ratio of 1.39, is hereby granted, subject to the conditions set out in this Resolution, on property legally described in Exhibit "A"and known as municipal number 21290 Biscayne Boulevard, City of Aventura. Section 4. The application for Conditional Use to permit a building height of 128 feet, 8 inches, where a maximum height of 120 feet is permitted by Code, is hereby granted, subject to the conditions set out in this Resolution, on property legally described in Exhibit "A" and known as municipal number 21290 Biscayne Boulevard, City of Aventura. Section 5. The application for Conditional Use to permit retail uses as part of a non-residential development, totaling 9.38% of the building floor area, where the City Code permits retail uses not in excess of 15% of the total building area is hereby granted, subject to the conditions set out in this Resolution, on property legally described in Exhibit "A" and known as municipal number 21290 Biscayne Boulevard, City of Aventura. Section 6. The application for vacation of the portion of NE 213 Street between NE 28 Court and its easterly termination, a portion of NE 29 Court and NE 214 Street, a portion of NE 28 Court between NE 213 Street and NE 214 Street, and a portion of land reserved for public road purposes, legally described in Exhibits "°B", "C°, "D" and "E" respectively is hereby granted, subject to the conditions set out in this Resolution and reservation of utility easement set out in Exhibit"F." Section 7. Approval of the application above is subject to the following conditions: 1. Plans submitted for building permit shall substantially comply with those submitted as follows: • "1212 Aventura", Cover and Index, Sheet AO-00, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Project Data, Sheet AO-01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Site Context, Sheet AO-02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. Page 3 of 14 City of Aventura Resolution No. 2020-09 "1212 Aventura", Site Photos, Sheet AO-04, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Floor Area Tabulation, Sheet AO-05, prepared by Arquitectonica, dated September 09, 2019, last revised 12109/19, signed and sealed 12/09/19. • "l 212 Aventura", Floor Area Tabulation, Sheet AO-06, prepared by Arquitectonica, dated September 09, 2019, revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Site Photometrics, Sheet AO-07, prepared by Arquitectonica, dated September 09, 2019, revised 12/09/19, signed and sealed 12/09/19. "1212 Aventura", Shadow Studies, Sheet AO-08, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Overall Site Plan, Sheet A1.01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 01, Sheet A1.02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. "1212 Aventura", Level 02, Sheet A1.03, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. "1212 Aventura", Level 03, Sheet A1.04, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 04, Sheet A1.05, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. "1212 Aventura", Level 05, Sheet A1.06, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. "1212 Aventura", Level 06, Sheet A1.07, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Level 07, 08, 09 & PH, Sheet A1.08, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. "1212 Aventura", Roof Top, Sheet A1.09, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. "1212 Aventura", Elevations, Sheet A2.01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. "1212 Aventura", Elevations, Sheet A2.02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Section, Sheet A3-01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. "1212 Aventura", Section, Sheet A3-02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "l212 Aventura", Parking Details, Sheet A5-01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. "1212 Aventura", Renderings, Sheet A9.01, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9-02, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9-03, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Renderings, Sheet A9-04, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. Page 4 of 14 City of Aventura Resolution No.2020-09 "1212 Aventura", Renderings, Sheet A9-05, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. "1212 Aventura", Renderings, Sheet A9-06, prepared by Arquitectonica, dated September 09, 2019, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Paving and Drainage and Water and Sewer Plans, Sheets C-1 to C-14 inclusive, prepared by Fortin Leavy Skiles Inc, dated 09/09/19, last revised 12/09/19, signed and sealed 12/09/19. • "1212 Aventura", Landscaping Plans, Sheets LO-000 to L5-220 inclusive, prepared by ArquitectonicaGEO, dated 09/09/19, last revised 12/09/19, signed and sealed 12/09/19. 2. Building permits shall be obtained within 12 months of the date of this Resolution, failing which this approval shall be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12 month approval period. 3. Any discontinuation of the approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. 4. Prior to issuance of a building permit by the City for the proposed development, the applicant shall: (i) enter into and record in the Public Records of Miami-Dade County, at its expense, and in form satisfactory to the City Manager and City Attorney, the Agreement and Covenant in fulfillment of all requirements of the City's Green Building Program; and (ii) provide to the City a performance bond or other security approved by the City Manager and City Attorney in the amount of 5% of building construction costs as approved by the City's Building Official to guarantee attainment of LEEDO Gold certification by the US Green Building Council; and (iii) record a Unity of Title or Restrictive Covenant in lieu of unity of title for the 6 parcels comprising this development, plus the portion of NE 28 Court to be abandoned and the Ivory parcel to the west; and (iv) submit and receive approval from the City Manager of a detailed job-site plan as required by City of Aventura Ordinance No. 2006-05; and (v) dedicate to the City, in form approved by the City Manager and City Attorney, the 16,014 square foot, more or less, portion of land along its northern site limit for road extension purposes; and (vi) record this Resolution, at its expense, in the Public Records of Miami- Dade County, Florida and provide a recorded copy to the City Clerk. 5. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, the applicant shall: I Page 5 of 14 City of Aventura Resolution No.2020-09 (i) provide an as-built survey and Elevation Certificate in form approved by the City; and (ii) provide to the City, evidence of compliance with City Code Section 31-242 regarding amplification systems public safety radio system protection; and (iii) complete, at its own expense, construction of the extension of NE 214 Street from NE 28 Court to Biscayne Boulevard, along with all required improvements on Biscayne Boulevard, as shown on the plans entitled "NE 214 Street Off-Site Roadway Improvements"as approved by the City, Miami-Dade County and Florida Department of Transportation; and (iv) complete, at its own expense, construction of the road and sidewalk improvements on the east side of NE 28 Avenue and on the south side of NE 213 Street, as shown on the plans entitled "NE 28 Avenue and NE 213 Street Roadway Improvements" as approved by the City; and (v) provide, in form satisfactory to the City Manager and City Attorney, and record at its expense in the Public Records of Miami-Dade County, an Easement in favor of the City over the vacated right of way of NE 213 Street for purpose of construction, maintenance, repair and operation of drainage pipe and facilities within the easement; and (vi) provide, in form satisfactory to the City Manager and City Attorney, and record at its expense in the Public Records of Miami-Dade County, a Declaration of Restriction confirming that the right of way of NE 28 Court, once vacated, will continue to be used for private road purposes and will be improved, operated and maintained by the applicant for that purpose in perpetuity; and (vii) provide, in form satisfactory to the City Manager and City Attorney, and record at its expense in the Public Records of Miami-Dade County, an Easement in favor of the City of Aventura, conveying a non-exclusive perpetual easement in, over and through the NE 28 Court easement property for public vehicular and pedestrian access and for construction, maintenance, repair and operation of public utilities; and (viii) grant a general utility easement for all utilities within the vacated rights of way, in form satisfactory to the City Manager and City Attorney, including but not limited to Miami-Dade Water and Sewer Department, Bell South and Florida Power and Light, and record the easement in the Public Records of Miami-Dade County; and (ix) provide to the City, in form satisfactory to the City Manager and City Attorney, a shared parking agreement pursuant to Section 31-171(a)(2) of the City Code; and Page 6 of 14 City of Aventura Resolution No.2020-09 (x) obtain its Certificate of Occupancy or Temporary Certificate of Occupancy for the Ivory retail/office/hotel development to the west, to ensure that the parking to be shared with this development is available for use. Section 8.The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 9. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 10. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Dr. Marks, who moved its adoption. The motion was seconded by Commissioner Mezrahi, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Absent Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Marc Narotsky Yes Mayor Enid Weisman Yes Page 7 of 14 City of Aventura Resolution No.2020-09 PASSED AND ADOPTED this 7ch day of January, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVACEK401C CITY CLERK APPROVED AS O LEGAL UFFICIEfy�Y: 4-7) CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this —7 day of 2020. CITY CLERK Page 8of14 City of Aventura Resolution No.2020-09 Exhibit"A" Legal Description of Property 21290 Biscayne Boulevard, City of Aventura Page 9 of 14 PARCEU: A portion of Lot 1,Block 3,Section 34,Township 51 South,Range 42 East,Town of Hallandale,according to the Plat thereof,as recorded in Plat Book"B",Page 13,of the Public Records of Miami-Dade County,Florida,and together with a portion of NE 29th Avenue as reserved on the Plat of Hallandale Park,by Dead Book 1837,Page 517,vacated per Resolution No.R-791147 and as amended by Resolution R-964-67, as shown as reserved area on Hallandale Paris,according to the plat thereat as recorded in Plat Book 12,Page 37,of the Public Records of Miami-Dade County,Florida,described as follows: Beginning at the intersection of the South boundary of said Lot 1, with the West right of wry of Biscayne Boulevard.Thence South W50144" West,along the South boundary-of said Lot 1 and the South line of said Hallandale Paris,a distance of 157.79 feat to the East line extended South of Block 40 of said Hallandale Park thence North 00°0678"Wed,along the said East lime extended,a distance of 32.09 feet;thence North W54'01" East,a distance of 32.96 feet;thence North 00°4252"Wed,a distance of 10326 feet;thence South 78°0830" East,a distance of 32.62 feet;thence South 69°00'10"East,a distance of 104.55 feet;thence South 23'20'50" East,a distance of 44.60 feet to the Wed right of wry of Biscayne Boulevard,said point being on the are of a curve concave Naethwestmiy, whose radius point bears North 67°38'12" West from the lad described point; thence Southwesterly.along said right of way and the arc of said curve,having a radius of 3794.93 feat,a central angle of 00°49'06".for an are distance of 54.06 fed to the Point of Beginning. Said lands situate in the City of Averitura,Miami-Dade County,Florida PARCEL 2: Lots 2,3,4,5,Block 39 of HALLANDALE PARK,according to the Plat thereof,as recorded in Plat Book 12. Page 37,of the Public Records of Miami-Dade County,Florida. PARCFL3- Lot 9 of Block 39 and Lot I of Block 40 of HALLANDALE PARK,according to the Plat thereof as recorded in Plat Book 12 at Page 37,of the Public Records of Miami-Dade County,Florida. PARCEL 44: Lots 6,7 ad 8,Block 39 of HALLANDALE PARK,according to the Plat thereof,as recorded in Plat Book 12, Page 37,of the Public Records of Miami-Dade County,Florida PARCEL 5: Lot 1,Block 39 of HALLANDALE PARK,according to the Plat thereof,as recorded in Plat Book 12,Page 37,of the Public Records of Miami-Dade County,Florida. PARCEL I: Property A LOT 10 OF BLOCK 39,AND LOTS 2,3,4,5,6,7,8,9,AND 10 IN BLOCK 40 OF HALLANDALE PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12 AT PAGE 37 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA. AND Property B A PORTION OF THE RESERVED AREA OF THE PLAT OF"HALLANDALE PARK"LYING EASTERLY OF AND CONTIGUOUS WITH LOT 10, BLOCK 40 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 37,OF THE PUBLIC RECORDS OF MLAMI- DADE COUNTY, FLORIDA, SAID PORTION ALSO BEING A PART OF THE RESERVED AREA ABANDONED BY THE CITY OF AVENrURA AS DESCRIBED IN RESOLUTION NO. 2007-32, RECORDED IN OFFICIAL RECORDS BOOK 25932, PAGE 1950, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ALL OF THE ABOVE PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 10;THENCE ON AN ASSUMED BEARING OF NORTH 00°0620"WEST,ALONG THE EAST LINE OF SAID LOT,A DISTANCE OF 110.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 10;THENCE SOUTH 7800830"EAST,ALONG THE NORTH LINE OF THE SAID RESERVED AREA ABANDONMENT, A DISTANCE OF 32.54 FEET, THENCE SOUTH 00°40'40" EAST, A DISTANCE OF 10326 FEET; THENCE SOUTH 89"5323" WEST ALONG A PROLONGATION OF THE SOUTH LINE OF SAID LOT 10,A DISTANCE OF 32.86 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA_ City ofAventura Resolution No.2020-09 Exhibit "6" Legal Description of Property Vacated Portion of NE 213 Street between NE 28 Court and easterly termination of street Page 10 of 14 P f LEGAL DESCRIPTION: A portion of N.E. 213th Street, formerly Delaware Avenue and a portion of a Reserved Strip, per HALLANDALE PARK, according to the plat thereof as recorded in Plot Book 12, Page 37, of the Public Records of Miami—Dade County, Florida, and that sold Reserved strip conveyed to Miami—Dade County recorded in Deed Book 3425, at Page 128, being more particularly described as follows: Begin at the Southeast corner of Block 40 of said HALLANDALE PARK; thence S 89'54'37" W along the North right of way line of said N.E. 213th Street, also being the South line of said Block 40 and 39 of said plot of HALLANDALE PAR for 294.35 feet to a point on a circular curve concave to the Northwest and whose radius point bears N 70'37'06" W; thence Southwesterly along a 75.00 foot radius curve leading to the right through a central angle of 30'17'07" for an arc distance of 39.64 feet to a non—tangent point; thence N 89'49'42" E along the South line of said Reserved Strip for 316.68 feet; thence N 0(713'10" W along the Southerly extension of the East line of said Block 40 for 31.79 feet to the Point of Beginning. Containing 9,712 square feet, or 0.223 acres, more or less. SURVEYOR'S NOTES: — This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of S 89'54'37" W for the North right of way line of N.E. 213th Street. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2018-190. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on July 23, 2019, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472,027, Florida Statutes. "Not valid wi the signature at d the onal raised aeal of a da Licensed Su or and Mapper" F TIN, LEA , SKILES IN ' �? Daniel C. Fortin, Jr., For The Firm Surveyor and Mapper, LS6435 State of Florida. Drawn B7 MAP LEGAL DESCRIPTION, NOTES& CERTIFICATION Date 7/23/1 g Cad. No. 181505 Scale NOT TO SCALE t F oRTw, LEAvy, S KILEs, INC. ,lob. No. 190699 2018-190 IOONSULT[NG ENGIIVERS.SURVEYORS&MAPPERS nalitm&Cits'UW-*.isos►wxxareeoserr',wTmWMnvts u600oaasa ir. No. 1019-035—B 1so 2q' -6...e lease.aft*"/wands&U mi neamb.Plesids.231� Plotted: 7/23/1 g 3:17p s OM=�i ra:aas-asi-7nss i Bm.�t�..�q..oaa� Sheet 1 of 3 CENTERLINE OF N.E. 21411 STREET N.E. 214TH STREET plt!!ld10 AVM-PLAT OU 12 PAGE 37) W I r (PUBW RIGHT OF WAY) ,i I I I I I HALL NDALE I PARK ><I I I 1 PLAT BOOK K 12 I+PAGE 37OW = t On � ) I I ( ( I ( I I I Q LOT 1 LOT 2 LOT 9 LOT 4 LOTS LOT 1 LOT Y LOT a LOT 4 LOT 5 BLCI00KI39 BLI� 0KI W Z � an n � I , < pI�zu Mai N I I I I i 1 1 I III N� LOT 8 1 LOT 7 I LOT 8 1 LOT 9 I LOT 10 I LOT Q I LOT 7 1 LOT 8 l LOT o f LOT 10 I � � oNil CD u j I I I I I ( SOUTH(LINE OF Z BLOCKS 39 a 40 S80°5M1 2" a 02 ...-:'..::::::"::::::::::':.-:':::.::::::::. .,. ...x:::: : ' ::1:.F1:::::. :,'.::......:'::.:-::'.::. ..... . 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No. 190699 018-190 CONSULTING ENCHNBSRS.SURVEYORS&A APPEM Pxmau A.cmLTa[ .ATx cw AxnuoayzAmxnq NUmomp-OOMNS53 No. 1019-035-8 180 NoctbwMt 168da-81e Mt/W0Vft NHMMl HMob.PJ0W"u.33162 8/2/1 8.-Vo Pbogw. /Pmm 305-691-7132/Small fieG0m=rvwAmm Sh t 3 of 3 City of Aventura Resolution No. 2020-09 Exhibit "C" Legal Description of Property Vacated Portion of NE 29 Court and NE 214 Street Page 11 of 14 LEGAL DESCRIPTION: A portion of N.E. 29th Court, also known as a Reserved Area, as shown on the Plat of HAL.LANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 37, of the Public Records of Miami—Dade County, Florida and a portion of N.E. 214th Street, formerly Millsboro Avenue, all being more particularly described as follows: Commence at the Northeast corner of Lot 5, Block 40, of said plot of HALLANDALE PARK; thence S 89'54'01" W along the North line of said Block 40, also being the South right of way line of N.E. 214th Street for 43.79 feet; thence N 00*46*55" W for 20.00 feet to the Point of Beginning; thence N 89'54'01" E along the centerline of said N.E. 214th Street for 74.49 feet; thence S 00'46'55" E along the centerline of said N.E. 29th Court for 22.52 feet to a point on a circular curve concave to the Southwest and whose radius point bears S 18'32'20' W; thence Northwesterly along a 1192.00 foot radius curve leading to the left through a central angle of 345'13" for an arc distance of 78.09 feet to the Point of Beginning. Containing 805 square feet, or 0.018 acres, more or less. SURVEYOR'S NOTES: — This site lies in Section 34, township 51 South, Range 42 East, City of Aventura, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of S 89'54'37" W for the North right of way line of N.E. 213th Street. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — This is not a "Boundary Survey but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2018-190. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on July 23. 2019, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. -Not valid witho alpnaWre nd the original raised seal of a FI Licensed Su or and Mapper" FO IN, LEA , SKILES, INC B . ---------------------¢----- Daniel C. Fortin, Jr., For The Firm Surveyor and Mapper, LS6435 State of Florida. Drawn By MAP LEC3AL DESCRIPTION, NOTES df CERTIFICATION Date 7/23/19 Cad. No. 181505 Scale NOT TO SCALE g' FoRTw, LEAvY, S KmEs, INC. dab. No. 190699 2018-190 CONSULTING ENGD 3MU,SURVEYORS&ALAMMS 1ZmawA evwmW .&Tx ow ALT17tloutZATIcew mn mu 0000assa Pwg. No. 1019-035—£ w 115 180 Wastlat 16 .Mae"/Piattlls lreiamsi UwwmA6 ZnWwida,32162 Plotted: 7/23/19 3:17p ram.:305-45s-044"/F=305.aa1-72=i Ibm n i .y oom Sheet 1 of 3 I ���.®�(�T �� — L CIEN-TERLIN - SOUTH RIGHT OF WAY LINE POINT 2W k M.E. 214TH STREET OF N.E. 214TH STREET N.E. 214TH STREET BEGINNING IdAA,,I"E 74AW (A�18B(JRO AVENUE•PLAT BOOK 12 PAGE 3n NOQ'46 55"W ..........:.; W I (PUKM AIGHr of WAY) 20.00' 1"I — — — — �-0t'W � Lj 15' tom_ � � '•� TNORTH I OF BLOCK 4O� �, ar •79' 1 I ` HALLWNDALE I PAHK I , �/ I :r PLAT BOOK 12 PAOE 37 MINT OF Q �pppttt 31 I I ( I I I N.E. COR'ErW LOT ENT N BLOCK 40 1 � � ILOT 1 ( LOT 2 1 L0T 3 I LOT 4 1 L0T b I LOT i ! 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No. 190699 rtX3W4Xkw c=KTnWW-A.TZ Cff AMT10110NUZATZ111W 14MMINVI:000a s No• 1019-035—E 1lalo xaafra��.t i 6sr�.soe.we i Id�oat>a Itr!la.mi s...ts.1lJaostda.s�ieQ Plotttd 7/23/19 3:17p >rho 305-6a-"03 i Fam boa-WI 7152 i awdi v y nm Sheet 2 of 3 i — — = BR(MARD COUNTY 1 T7 FrU NW9 66 T 171 M TT m ITI -- — I ( IIIIIII ) I III III I HIM IIIIIIIII N.E. 214TH TERRACE I III IIIIIIIIIIIIIIIIIIIIIII IIIIIIIII = IIIIIIIIIIIIIIIIIIIIIIIIIII Ilillllll N.E 214TH STREET IIIIIItIIIIIItlilllllilllll 111111111 w _ 111111 Z < < = IItIiIIIIIIIIIIIIIIIIilllll IIIIIIIII ,� � 0 1 _ ---------------- A Ar —_ — r---------- N.E. 211TH STREET N yawn Jb, MAP LOCATION SKETCH Date 23 19 Cold No. 181505 ScaJ& NOT TO SCALE FoRTm, LEAVY, s KmEs, nvc. ,ob. No. 190699 18--190 CONSULTING ENQINEIM.SURVEYORS A MAPPERS rr rneZDA c;IMza►scwrs OF wv>t1307aZr►zsorr a000065 No. 1019-035—E Igo Ismow�c 19"Milt.A�a�ra xaad vol se ot..PURI ..ss 16� PlAttMi d/�/t d:50a rrwo.:s i r.=soi-6a1�1 sz i smd�e.�e.�navy oam Sheet 3 of 3 City of Aventura Resolution No.2020-09 Exhibit "D" Legal Description of Property Vacated Portion of NE 28 Court between NE 213 Street and NE 214 Street Page 12 of 14 i F DESCRIPTION: n of Lots 4, 5, 9 and 10, Block 38 and a portion of Lots 1, 2 and 6, Block 39, HALLANDALE PARK, g to the Plat thereof, as recorded in Plat Book 12 at Page 37, of the Public Records of Miami—Dade Florida, along with a portion of N.E. 28th Court, also known as Second Street, as shown on said Plat of ALE PARK, all being more particularly described as follows: ceat the Southwest corner of said Block 38; thence N 89'S4'37" E along the South line of said Block 38, ng the North right of way line of N.E. 213th Street for 114.97 feet to a point of curvature, also being the Beginning; thence Northeasterly along a 25.00 foot radius curve leading to the left through a central angle o '47" for an arc distance of 39.33 feet to a point of tangency; thence N 00*13*10" W along a line 10.00 feet West of and parallel with the East line of said Block 38, also being the West right of way line of said N.E. 28th Court for 159.99 feet to a point of curvature; thence Northwesterly along a 25.00 foot radius curve leading to the left through a central angle of 89'52'49' for an arc distance of 39.22 feet to a non—tangent point; thence N 00'13'10" W for 10.00 feet; thence N 89'54'01" E along the North line of said Blocks 38 and 39, also being the South right of way line of N.E. 214th Street for 100.00 feet; thence S 00'13'10" E for 10.00 feet to a point on a circular curve concave to the Southeast and whose radius point bears S 00'05'59" E; thence Southwesterly along a 25.00 foot radius curve leading to the left through a central angle of 9U07'11" for an arc distance of 39.32 feet to a point of tangency; thence S 0913'10" E along a line 10.00 feet East of and parallel with the West line of said Block 39, also being the East right of way line of said N.E. 28th Court for 159.78 feet to a point of curvature; thence Southwesterly along a 75.00 foot radius curve leading to the right through a central angle of 19'36'04" for an arc distance of 25.66 feet to a non—tangent paint; thence S 89'54'37" W along the South line of said Blocks 38 and 39, also being the North right of way line of N.E. 213th Street for 70.71 feet to the Point of Beginning. Containing 11,867 square feet, or 0.272 acres, more or less. SURVEYOR'S NOTES: — This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of N 89'54'37" E for the North right of way line of N.E. 213th Street. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2018-190. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on August 2, 2019, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. 'Not valid without Te 1he mVnal raised seal of a FI 5 and Mapper" FOR , LEA SKILES, IIV 65 ~y Daniel C. Fortin. Jr., For The Firm T� Surveyor and Mapper, LS6435 State of Florida. Drawn By MAP LEGAL DESCRIPTION, NOTES& CERTIFICATION Date 8/2/19 Cad. No. 181505 Scale NOT TO SCALE g. FORnN, LEAvY, 5 yaum nvc. Job. No. 190699 2018-190 CVNSULTW }EKGD ERS.SURVEYORS&MAPPERS F1.aeeuo&C=Krazcr►Tz CW wa:>tMtxrzMfsx NMOM ,00003653 Dwg. No. 1019-035—F 110 Now irment 1686L.tltw"/Norft Miami Saaah.Flasld m.33162 putted. 8/2/19 8:50o Fiona:300-053-44f/F.s 30$-+651-7132 t Bmalt 9104DOWWWWWy.com Sheet 1 of 3 SOUTH RIGHT OF WAY UNE CENTERUNE OF OF N.E. 2141H STREET N.E. 214TH STREET T� MLWW AVMA-PLAT WW 12 PAW M N.E. 214TH STREET 18E 100.w (PUBM RX*ff OF WAY) TTII _T7 T_ wi crw 71 E NORTH ............ NORTH UNE OF BLOCK 39 OF BLOCK 38 II R AL HALL DALE I PARK HALLUw DALIS I PARK PLAT BOOK 12 PAGE37 PLAT BOOK 12 PAGE 37 Rm" LOTS LOT I LOT LOT 3 LOT 4 LOT 6 ........... LOT I LOT 2 LOT 3 4 LOT f 17- BL6. CK 3 101 BL CK .......... I IL:30� EASTIUNE— .. WEST UNE OF lxm W OF BLOCK 39 ........ C4 ...... . .... E 2i fn LOT 0 T 10 LOT 0 LOT 7 LOT a LOT 10 LOT 6 1 LOT 7 LOT 1 un 9 1 un 10 I Wr 6 . ............ .... SOUTH ....... ....... 44 inn� I I I OE ......... SOUTH UNE F BLOCK11 W OF rf ....... ...... 0 1 L N89-541-77 114.97' 70.71'- N-,E—CENTMNE OF 7T . 213TH STREET NORTH RIGHT OF UNE 7 .E— I 1- — OF N.E. 2131H STREET N . 213TH STREET PRAWAM AVM-PUT N=12 PAN M POINT OF POINT OF (PUBLIC RIC3W OF WAY) COMMENCEMENT BEGINNING S.W. CORNER OF BLOCK 38 GRAPHIC SCALE N 0 25 so 100 R -N ( IN FEET 1 inch - 50 M 'Drawn By MAP SKETCH OF DESCRIPTION 'Date 8/2/19 Cad. No, 181505 Scale 1"=50, 1W. Dn. FORTIN, LEAvy, S KMFS, INC. Job. No. 190699 2018-190 CONSULTJNG ENGnaim,SURVEYORS&SAP' IM XUDA MOLTUMCATZ OF AtrJ=02=ATWW NMOWU 0000"53 W8. No. 1019-035-F ISO Nordwoust I 660L.a' I/Wee&bdimust Ibmmooh6 Placid&.33162 Notted. 8/7/19 rhoom 205-11SM-64ft/Fox 30:01-"1-7 132/Rommil Sheet 2 of 3 L ±.nj aj �sh j I I BROWARD COUNTY _— — — I TT ITl► ti I�iC T ITl fTl 7T m ITI — — - — Illtilllll I 11111111111111 II III ! ! ! i N.E. 214TH TERRACE — IIIII 111 I I III I IIIlillllllllllllllllllllll IIIIIIII1 0 N.E. 214TH STREET Ri = tllllllitlllllllllllillllll ( Iilillll ui ( I I I III ( Hiii z fillI lllll k O O ) -. - - W ---------------- w - 3 — — — W / < r—————————— r / I � N.E. 111TH snumT N Drawn By MAP LOCATION SKETCH Date g/2/19 Cad No. 1111505 Scals NOT TO SCALE FownN, LEAvY, S KmES, INC. Job. No. 190699 2018-190 0Mg5MTJNG EIJC3UORERS,SURVEYOM&MAPPHRS VLCMaEKw Cl TVPW-kTZCWA r.TMONNtYA43§1R:00003W3 g. No. 1019-035—F 3i0 NQ1faw�t ibt�.�/No�tla A�tiamat He+�o1+.Pioeidt.3316� Plotted 8/2/19 8:50o pi 306-QM-44"!Fm 209-631-7152/ZMWU ZmdPGmwav l•oom Sheet 3 of 3 City of Aventura Resolution No.2020-09 Exhibit"E" Legal Description of Property Vacated Portion of Land Reserved for Future Road Purposes Page 13 of 14 LEGAL DESCRIPTION: A portion of N.E. 29th Court, also known as a Reserved Area, as shown on the Plot of HALLANDALE PARK, according to the Plot thereof, as recorded in Plat Book 12 at Page 37, of the Public Records of Miami—Dade County, Florida, and a portion of Lot 1, Block 3, MAP OF THE TOWN OF HALLANDALE, according to the Plat thereof, as recorded in Plat Book "B" at Page 13, of said Public Records of Miami—Dude County, Florida, all being more particularly described as follows: Begin at the Northeast corner of Lot 10 in Block 40 of said Plat of HALLANDALE PARK; thence N 00'13'10" W along the West right of way line of said N.E. 29th Court, also being the East line of said Block 40 for 16.92 feet; thence S 69'08'23" E for 175.92 feet to a point of curvature; thence Southeasterly and Southwesterly along a 30.00 foot radius curve leading to the right through a central angle of 91'24'31' for an arc distance of 47.85 feet to a point of compound curvature; thence Southwesterly along the West right of way line of Biscayne Boulevard, also being a 3785.00 foot radius curve leading to the right through a central angle of 0*06*16" for an arc distance of 6.90 feet to a non—tangent point; thence N 23'20'50" W for 44.60 feet; thence N 69'00'10" W for 104.15 feet to a point on the East right of way line of N.E. 29th Court, also being the East line of a Reserved Area; thence N 78'17'12" W for 65.24 feet to the Point of Beginning. Containing 1,795 square feet, or 0.041 acres, more or less. SURVEYOR'S NOTES: — This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of N 89'54'37" E for the North right of way line of N.E. 213th Street. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2018-190. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible chorge on July 23, 2019. and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. 'Not valid wi1lho signature 96d the original raised seal of a F Licensed Su or and Mapper' FO IN, LEA V , SKILES, INC., 53 By ------------- ------------ Daniel C. Fortin, Jr., For The Firm Surveyor and Mapper, LS6435 State of Florida. Dram By MAP LEGAL DESCR/P770N, NOTES CER77RCATIC IN Datea7/23/ Cad. No. 181505 Scale NQ. FoRnw, LEAvY, S KmEs, mc. dab N2018-190 CONSMTING EN(31NE=, SURYByORS&MAppMU CEKTOrttAT3OW�Tm NOWUM;ooao96" . Nlato rtraem ft 3Ld*t L IMUS e i xaeah s EMI s..ald.FtarlddL as142Plotted: 7/23/19 3:17p Pboam s�/F=sos-sst-7152 i 1s=au ..00m Sheet 1 CENTERLINE OF N.E. 2147H STREET N.E. 214TH STREET _ o �W�AYB�IIE•Pu41'�o0ltftPAOEsn z � (rUBM.IC 111f*fT OF WAIF —. I Nuw I N T F- � I � Q 5= GRAPHIC SCALE ' 0 25 50 100 Omni PLAT BOOK 12 PAGE 37HAL�ANDAL ( r c°iv = < >~WN 3 c IN FEET 34 &Z I /Q��� Yp'M I 1 inch - 60 ft <mr w •V (�!OmU rN ILOT 1 I LOT 2 I LOT 8 I LOT 4 ( "6 133i I Asa _ LOT 1 / wr a BLOCK 3 / I B L 0 41D N°1I 0"W � MAP OF THE TOWN OF HALLANDALE PLAT BOK'B'PAGE 1 .......... O 9 / I IPOINT WEST RIGHT OF LE ARD r VARD BEGIN ING OF BISCAYNE BOULE A�1 . n N.E. CORNE OF LOT 10 � r� w or / LOT 8 I LDT 7 I LOT 8 1 9 I LOT 10 / p 4r Q• A. NORTH RICHT OF MA7 1i o�mSI o°� I lrY LN ��iCv1`QTR N` 2 S ' wON 213TH S I O�QN.E. 213TH STREET"O a 3< �p�4(PUBW RnHT OF WAY) BL ` ®� -� LOT 4 MAP OF TOWN PLAT BOOK F HAHALLANDALE GE 13 co� QVQ970 Q?V"o, Rp�,�,�gHOEA4R� Oq 37y HO ej0, 4�Io 7F0�TOS£�a 9 207 Drawn By MAP SKETCH OF DESCRIPTION Dete 7/23/19 Cad. No. 181505 vela T .,.,, � 1"=50' jut. vwg. F oRTw, IxAvY, S KmES, INC. Job. No. 190699 Ol —190 CONSLJI,,TTN(3 ENummm.SURVEYORS&14AFPAttB PXA)W SX4,C=TUrscw*=CWAXYr2V0WJ"TTW1itA48mma000sees g. No. 1019-035—D 1*024=xdwwn 16i�.B1e, -i2%Nm �Wes.aid..3s1ex Plotta4: 7/23/19 3:17p l yooer l06-4fSli i i!R 1 1-71s'1 i 1 ills y oem sheet 2 of 3 BROWARD COUNTY -` F71 T IT gt.' "" 17-1 I"Tl 1 Tf M M — - _ — I IIII11111 1 IIII III I III { I ! Illllllii N.E. 214TH TERRACE 1 11 1 1 1 I I i l l l l l l 1111111111111111111111fit11 I11111111 N.E. 214TH ETT7� il1111flll 1 1 1 1 1 I I I I I i l l l = 11ttltil 11 I IIIIIII I IIIII I I11111111 kc w I � o J _ or , r————————— Y / I � rr N.E. 211TH STREET d — N Dram° By MAP LOCATION SKETCH rDate 7/23/19 Cad. No. 181505 ScdJ0 NOT TO SCALE FORmN, LEAvy, S KmES, INC. rob, No. 190699 2018-190 C)0t4SMTngGG ENt3INBjM.SURVEYORS G MAB'PSRS Frroaem&cmwrn=&=cww ,7 rmumm ;oaoomm No. 1019-035-D 1 ao 7t ccdM "2�.-1 -/l+sm bolUmm!MWwwb.Vl=dd..33 1� Blotto* 7/23/19 3:17p !lwoe�3oo-de�42/ph=30l.6?i-71s2/Lmon 11 wsv+ry oom Shoot 3 of 3 City of Aventura Resolution No. 2020-09 Exhibit 4F" Reservation of Easements over Rights-of-Way to be Vacated Utility easements are hereby reserved to the City and to all utility companies licensed to provide utility service in the City over, across and under the streets and alleys shown on Exhibits "B", "C" and "D" to this Resolution Page 14 of 14 a►. • BROWARD COUNTY ■����� mw� Subject Site °;® ,®I� END DADECOUNTY '' ■�V71'a4wa��a�e��a Park YACH L B DR. MARINA ■ :e Avennu•a HARBOR COVE CIRCLE CIRCLE :° Hospilol WAY • :r &Medical �" LU Wp`t • CenterLU f a MP INER ;° �. ■ �■ Waterways ■ WATERWAYS Shoppes 207 ST. ■ i° w ■ w ;s ¢ ¢ COUNTRY CLUB DR. �0 The c°f14 205 • '■ Promenade ' �n Shops V) Q ° ■ IVES DAIRY RD. ;■ 203 ST. QrF� ■ [n` J,y ■ :a � tttJJJ ■,° a ■ m 201 TER. N TurnberryIsle • '■ m Resort&Club • '■ AVENTURA 0�-v0 ' U ° v �/O� i O Fire �i Rescue Aventura J6. • • ,o Station Library Z G� s� • ■ �. a. • Aventura Ma!! z ;° O YACHT Q • '■ U LUB �� • � City of Aventura �e Government Center ' • 6 192 ST. WILLIAPA t EHMA s 192 ST. } e O� • $S �° 191 ST. Q�' r w ° 1909 MYSTIC X ° Loehmann's r to ;s Fashion Q 3 ;■ Island ■ m 188 ST. • m N • 2 GARDENS ARD '• 33180 • GARDENSpR. '• _ _ _ _ _ _ _ _ _ _ _ _ • .• 1. T .33 60� :r • :A • • 'f 183 ST Dunl/oundling 1 -ez- Bay •� Atlantic ;A • Ocean '• iscayne Little Z �y Williams • lr B le m Sound • �• arbour 180 ST Lob GON i Point n �� • :f t -1 • ' DPP 8 .`A 40 �. T• T O� < • _ ;♦ • • ♦......m■■m■■r■■ ■ ■■ map LEGEND A ' ' Maule ♦ 10) Lake �• ♦� A Roadways ■ * - - ■ - - • City Boundary ■ #♦ —.—.— ZIP Code Boundary • ♦* ----------- Railroad ■ EXHIBIT 3 CUP2101-0001 EXHIBIT "A" PARCEL 1: A portion of Lot 1, Block 3, Section 34,Township 51 South, Range 42 East,Town of Hallandale, according to the Plat thereof, as recorded in Plat Book "B", Page 13, of the Public Records of Miami-Dade County, Florida, and together with a portion of NE 29th Avenue as reserved on the Plat of Hallandale Park, by Deed Book 1837, Page 517, vacated per Resolution No. R-788- 67 and as amended by Resolution R-964-67, as shown as reserved area on Hallandale Park, according to the plat thereof, as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida, described as follows: Beginning at the intersection of the South boundary of said Lot 1, with the West right of way of Biscayne Boulevard. Thence South 89050'44" West, along the South boundary of said Lot 1 and the South line of said Hallandale Park, a distance of 157.79 feet to the East line extended South of Block 40 of said Hallandale Park; thence North 00006'28" West, along the said East line extended, a distance of 32.08 feet; thence North 89054'01" East, a distance of 32.86 feet; thence North 00042'52" West, a distance of 103.26 feet; thence South 78008'30" East, a distance of 32.62 feet; thence South 69000'10" East, a distance of 104.55 feet; thence South 23020'50" East, a distance of 44.60 feet to the West right of way of Biscayne Boulevard, said point being on the arc of a curve concave Northwesterly, whose radius point bears North 67038'12" West from the last described point; thence Southwesterly, along said right of way and the arc of said curve, having a radius of 3784.83 feet, a central angle of 00049'06", for an arc distance of 54.06 feet to the Point of Beginning. Said lands situate in the City of Aventura, Miami-Dade County, Florida. PARCEL 2: Lots 2, 3, 4, 5, Block 39 of HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida, LESS AND EXCEPT the portion of Lot 2, Block 39, included within Exhibit " D" of the Resolution recorded in Official Records Book 31821, Page 4752, of the Public Records of Miami-Dade County, Florida. PARCEL 3: Lot 9 of Block 39 and Lot 1 of Block 40 of HALLANDALE PARK, according to the Plat thereof as recorded in Plat Book 12 at Page 37, of the Public Records of Miami - Dade County, Florida. PARCEL 4: Lots 6, 7 and 8, Block 39 of HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida, LESS AND EXCEPT the portion of Lot 6, Block 39, included within Exhibit " D" of the Resolution recorded in Official Records Book 31821, Page 4752, of the Public Records of Miami-Dade County, Florida. EXHIBIT 4 CUP2101-0001 #00312015 PARCEL 5: Lot 1, Block 39 of HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida LESS AND EXCEPT the portion of Lot 1, Block 39, included within Exhibit " D" of the Resolution recorded in Official Records Book 31821, Page 4752, of the Public Records of Miami-Dade County, Florida. PARCEL 6: Property A LOT 10 OF BLOCK 39, AND LOTS 2, 3, 4, 5, 6, 7, 8, 9, AND 10 IN BLOCK 40 OF HALLANDALE PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12 AT PAGE 37 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND Property B A PORTION OF THE RESERVED AREA OF THE PLAT OF "HALLANDALE PARK" LYING EASTERLY OF AND CONTIGUOUS WITH LOT 10, BLOCK 40 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, SAID PORTION ALSO BEING A PART OF THE RESERVED AREA ABANDONED BY THE CITY OF AVENTURA AS DESCRIBED IN RESOLUTION NO. 2007-32, RECORDED IN OFFICIAL RECORDS BOOK 25832, PAGE 1850, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ALL OF THE ABOVE PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 10; THENCE ON AN ASSUMED BEARING OF NORTH 00006'20" WEST, ALONG THE EAST LINE OF SAID LOT, A DISTANCE OF 110.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 10; THENCE SOUTH 78008'30" EAST, ALONG THE NORTH LINE OF THE SAID RESERVED AREA ABANDONMENT, A DISTANCE OF 32.54 FEET; THENCE SOUTH 00040'40" EAST, A DISTANCE OF 103.26 FEET; THENCE SOUTH 89053'23" WEST ALONG A PROLONGATION OF THE SOUTH LINE OF SAID LOT 10, A DISTANCE OF 32.86 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA. PARCEL 7: Those portions of Lots 4, 5, 9, and 10, Block 38, HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 37, of the Public Records of Miami-Dade County, Florida, lying West of the centerline of N.E. 28th Court, along with a portion of N.E. 28th Court, also known as Second Street, as shown on said Plat of HALLANDALE PARK, all being more particularly described as follows: Commence at the Southwest corner of said Block 38; thence N 89054'37" E along the South line of said Block 38, also being the North right of way line of N.E. 213th Street for 114.97 feet to a point of curvature, also being the POINT OF BEGINNING; thence Northeasterly along a 25.00 foot radius curve leading to the left through a central angle of 90007'47" for an arc distance of 39.33 feet to a point of tangency; thence N 00013'10" W along a line 10.00 feet West of and parallel with the East line of said Block 38, also being the West right of way line of said N.E. 28th Court for 159.99 feet to a point of curvature; thence Northwesterly along a #00312015 25.00 foot radius curve leading to the left through a central angle of 89052'49" for an arc distance of 39.22 feet to a non-tangent point; thence N 00013'10" W for 10.00 feet; thence N 89054'01" E along the North line of said Blocks 38 and 39, also being the South right of way line of N.E. 214th Street for 100.00 feet; thence S 00013'10" E for 10.00 feet to a point on a circular curve concave to the Southeast and whose radius point bears S 00005'59" E; thence Southwesterly along a 25.00 foot radius curve leading to the left through a central angle of 90007'11" for an arc distance of 39.32 feet to a point of tangency; thence S 00013'10" E along a line 10.00 feet East of and parallel with the West line of said Block 39, also being the East right of way line of said N.E. 28th Court for 159.78 feet to a point of curvature; thence Southwesterly along a 75.00 foot radius curve leading to the right through a central angle of 19036'04" for on arc distance of 25.66 feet to a non-tangent point; thence S 89054'37" W along the South line of said Blocks 38 and 39, also being the North right of way line of N.E. 213th Street for 70.71 feet to the POINT OF BEGINNING., all as included in Exhibit " D" to that certain Resolution No. 2020-09 filed February 19, 2020 and recorded in Official Records Book 31821, Page 4752, of the Public Records of Miami-Dade County, Florida. PARCEL 8: Those portions of portion of Lots 1, 2 and 6, Block 39, HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 37, of the Public Records of Miami-Dade County, Florida, LYING East of the centerline of N.E. 28h Court, along with a portion of N.E. 28th Court, also known as Second Street, as shown on said Plat of HALLANDALE PARK, all being more particularly described as follows: Commence at the Southwest corner of said Block 38; thence N 8905437" E along the South line of said Block 38, also being the North right of way line of N.E. 213th Street for 114.97 feet to a point of curvature, also being the POINT OF BEGINNING; thence Northeasterly along a 25.00 foot radius curve leading to the left through a central angle of 90007'47" for an arc distance of 39.33 feet to a point of tangency; thence N 00013'10" W along a line 10.00 feet West of and parallel with the East line of said Block 38, also being the West right of way line of said N.E. 28th Court for 159.99 feet to a point of curvature; thence Northwesterly along a 25.00 foot radius curve leading to the left through a central angle of 89052'49" for an arc distance of 39.22 feet to a non-tangent point; thence N 00013'10" W for 10.00 feet; thence N 89054'01" E along the North line of said Blocks 38 and 39, also being the South right of way line of N.E. 214th Street for 100.00 feet; thence S 00013'10" E for 10.00 feet to a point on a circular curve concave to the Southeast and whose radius point bears S 00005'59" E; thence Southwesterly along a 25.00 foot radius curve leading to the left through a central angle of 90007'11" for an arc distance of 39.32 feet to a point of tangency; thence S 00013'10" E along a line 10.00 feet East of and parallel with the West line of said Block 39, also being the East right of way line of said N.E. 28th Court for 159.78 feet to a point of curvature; thence Southwesterly along a 75.00 foot radius curve leading to the right through a central angle of 19036'04" for on arc distance of 25.66 feet to a non-tangent point; thence S 89054'37" W along the South line of said Blocks 38 and 39, also being the North right of way line of N.E. 213th Street for 70.71 feet to the POINT OF BEGINNING, all as included in Exhibit " D" to that certain Resolution recorded in Official Records Book 31821, Page 472, of the Public Records of Miami-Dade County, Florida. PARCEL 9: A portion of N.E. 213th Street, formerly Delaware Avenue and a portion of a Reserved Strip, per HALLANDALE PARK, according to the plat thereof as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida, and that said Reserved strip conveyed #00312015 to Miami-Dade County recorded in Deed Book 3425, at Page 128, being more particularly described as follows: Begin at the Southeast corner of Block 40 of said HALLANDALE PARK; thence S 89054'37" W along the North right of way line of said N.E. 213th Street, also being the South line of said Block 40 and 39 of said plat of HALLANDALE PARK for 294.35 feet to a point on a circular curve concave to the Northwest and whose radius point bears N 70037'06" W; thence Southwesterly along a 75.00 foot radius curve leading to the right through a central angle of 30017'07" for an arc distance of 39.64 feet to a non-tangent point; thence N 89049'42" E along the South line of said Reserved Strip #00312015 � � ` � 77� . �� § ���■ � ■ � § | \ � ! !!�■§ | | | hial | � ' � ■ � �i g_ §§ § | | | | | l] Mill | |!)9f§ , Im�� i1 ! | � ■ . . � ■ ■ � � � � o � o � W � . .� . aw �— 4 - | ' } REr[FM, UA .f 77. } fill I L7- i ° APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i)of the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and 101111161 submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit,which is identified in the accompanying application,and the owner of the properly subject to the application(if different)hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship (i.e.Attorneys,Architects,Landscape K Ar hitects,Engineers,Lobbyists,Etc.) {fi t A-it o fnt, (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY, APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC,31.71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS 1.4 DAY OF kl�72OLO AUTHORI I' A LICANT OWNER By: By: --- M ignature) naluw) 1� ` Name:_ F-L f .t at/YC4• me,_ 1�- qq ��� (Pri — Title: �'1''T'17 rn T _ Title:.____ w I Address?." S' a is L m 30 d Address: 10t o� ��'1 �!�^.�/c'r � 7 j M( A'" A (= 33�31 ✓lnAM, ILL �33f Qr0 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared M JofI °�(V� 7authorized representative of the Applicant and/or the owner of the property subject to the application, who being first b r or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AF I T SWORN TO AND SUBSCRIBED BEFORE ME this day of 20f Notary Public Stat lorida t Large Printed Name of Notary III4H? My commission expires: d• Z3 D[W RAMOS MY COMMISSION N GG 3WW EXPIRES:Aprh 10,2023 '•^R,os i�4� Bor4o Un Notary Rkk Undl 11M V� i BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x'applicable portions only) ( Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. ( ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: (J i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; (J ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture, (J iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, (J iv. A City Commissioner or Board member is a Client of the Applicant or Representative, J J v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; (J vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS_�DAY OF.Z�,20" APPIL By: (Signature) Name: t ¢rrtrill (Print) Title: (Print) WITNESS MY HAND THIS DAY OF �_.2000O PROPER ER: 0 By: Sgnature) Na (Print) Titl : (Print) "The terms 'Business Relationship," "Client," "Customer," 'Applicant," 'Representative"and "Interested Person"are defined in Section 2.395 of the Aventura City Code. WITNESS MY HAND THIS_ (b DAY OF .2000 RE�on siness Relationship Affidavit) By: +,� (Signature) By:__ _ (Signature Name:14 i ck4v M#CrA�Pnnl) Name: _ (Prat) Title:_•' t I(//'A t (Print) Title: _ (Print) By:_ _ (Signature) By:_ _ (Signature Name: (Prinl) Name: _ (Print) Title:„ _ (Prim) Title: (Print) By: __ (Signature) By: (Signature Name: _(Print) Name: (Print) Title: , _(Print) Title: ,(Print) By: (Signature) By: _(Signature Title: _ _(Print) Title:_ (Print) Title: (Print) Title: _ _, (Print) By:_ _(Signature) By. (Signature Title: __(Prinl) Title: _ (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: __.. _(Print) Title: (Prins) Title: _(Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and AfTiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA COUNTY OF MIAMI-DARE) Lcke NW% Before me,the undersigned avoo*,personalfy appeared--- t by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated Mersin and Thal it is Vw and cared. AFFIANT SWORN TO AND SUBSCRIBED before me this gain! DIMARAMOS N tery Public S e of t Large- ;: I by me duly S, 2OU Floridaa iLe; Ai��V�.CFic�d �e MY COMMISSION 0 GG 308355 P, led Name of Notary 23 Jr, EXPIRES:April 18.2023 My oDmaission expires:A.-W. -­-----­-----------------------------------------------------­------ STATE OF F LO RIDA COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personal* 94-;f'4t who beinp4ist by me dwy sworn,did swear or affirm that he/she executed this Affidavit V the purposes stated therein and that 9 is true and correct. IANT SWORN TO AND SUBSCRIBED before me this-4 day Of. 2040 I 130A RAMOS Notary Publi of Flodds At Large M Will *1 JL MY COMMISSION#GG 308356 P Pnnted Name of Notary EXPIRES:ApA 10,2023 --------------- Bonded Thru Notag Public Underwrilms Mycommission expires:- STATE OF FLORIDA )I COUNTY OF MIAMI-DADE) Ord Before m the undersigned authority,personally appeared—-—the ffiant, o i I by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it Is true and correct. 'a "ant, I by me A JANT, SWORN TO AND SUBSCRIBED before me this d.y.1' DLAHARAMOS of.,Pu tLaru Ste A Not Publi SlslAof Flondaet Large My COMMISSION N GG 308355 EXPIRES:Apr#10,2023 Printed Name of Notary Bonded Thn.Notary Public UrAwwritan My commission expires-A! STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affient,who being first by me duly sworn,did swear or affirm that he/she executed this AffidsW for the purposes stated therein W that it is We and correct AFFIANT SWORN TO AND SUBSCRIBED before me this day of 200- Fubllc State of FlWda At Large PCni;d Name of Notary My commission expires:- RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE REQUEST BY MEDICAL DISTRICT DEVELOPMENTS LLC, TO MODIFY RESOLUTION NO. 2020- 09, TO AMEND SECTION 3 OF THE RESOLUTION TO INCREASE THE FLOOR AREA RATIO FROM 1.99 TO 2.0 AND TO AMEND CONDITION OF APPROVAL IN SECTION 7 SUBSECTION 5(III) TO PROVIDE FOR RELEASE OF THE CONDITION UNDER CERTAIN CIRCUMSTANCES, FOR THE DEVELOPMENT OF A RETAIL/OFFICE/ASSISTED LIVING FACILITY LOCATED AT 21290 BISCAYNE BOULEVARD IN THE CITY; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII, Use Regulations, Section 31-144 "Business Zoning Districts," of the City Code of Ordinances, the applicant, Medical District Developments, LLC, applied to the City of Aventura (the "City") for Conditional Use Approvals (Application No. CU1911-0001) related to the development of a retail/office/assisted living facility (the "development") located at 21290 Biscayne Boulevard in the Community Business (B2) District and Medical Office (MO) District, as legally described in Exhibit "A" (the "Property"); and WHEREAS, the conditional uses were approved pursuant to Resolution No. 2020- 09 (the "Resolution") passed on January 7, 2020 with certain conditions; and WHEREAS, the applicant has now requested to amend the Resolution, through Application No. CUP2101-0001 (the "Application"), by amending Section 3 to increase the floor area ratio from 1.99 to 2.0 and Section 7, subsection 5(iii) to provide language to facilitate financing of the development; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. City of Aventura Resolution No. 2021- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. That the Resolution, providing Conditional Use approval for the property legally described in Exhibit "A" is modified as follows: Resolution No. 2020-09 Section 3. The application for Conditional Use to permit a floor area ratio of 4�9 2.0, where the City Code permits a maximum floor area of 1.39, is hereby granted, subject to the conditions set out in this Resolution, on property legally described in Exhibit "A" and known as municipal number 21290 Biscayne Boulevard, City of Aventura. Section 7. Approval of the application above is subject to the following conditions: 5. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, the applicant shall: (iii) complete, at its own expense, construction of the extension of NE 214 Street from NE 28 Court to Biscayne Boulevard, along with all required improvements on Biscayne Boulevard, as shown on the plans entitled "NE 214 Street Off-Site Roadway Improvements" as approved by the City, Miami-Dade County and Florida Department of Transportation;and provided that the City Manager is authorized to release this condition if: (1) the applicant demonstrates to the City Manager's satisfaction that this condition will prevent financing of the development, and (2) the applicant provides a road construction cost estimate for all improvements outlined on the referenced drawings prepared, signed and sealed by a professional engineer and (3) the applicant provides a Letter of Credit or other security approved by the City Manager and City Attorney to secure those construction costs. Construction cost estimate shall include acquisition of necessary road widenings on Biscayne Boulevard and on the north limit of the extension road and all permits and permitting fees from regulatory agencies. 'Underlined text indicates addition to existing text. Strike-through text indicates deletion to existing text. Page 2 of 8 City of Aventura Resolution No. 2021- Section 3. All other approvals and conditions of approval in the Resolution shall remain in full force and effect. Section 4. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 5. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 6. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 3 of 8 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 6t" day of April, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2021. City Clerk Page 4 of 8 City of Aventura Resolution No. 2021- Exhibit "A" Legal Description of Property 21290 Biscayne Boulevard, City of Aventura PARCEL 1: A portion of Lot 1, Block 3, Section 34, Township 51 South, Range 42 East, Town of Hallandale, according to the Plat thereof, as recorded in Plat Book "B", Page 13, of the Public Records of Miami-Dade County, Florida, and together with a portion of NE 29th Avenue as reserved on the Plat of Hallandale Park, by Deed Book 1837, Page 517, vacated per Resolution No. R-788-67 and as amended by Resolution R-964-67, as shown as reserved area on Hallandale Park, according to the plat thereof, as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida, described as follows: Beginning at the intersection of the South boundary of said Lot 1, with the West right of way of Biscayne Boulevard. Thence South 89050'44"West, along the South boundary of said Lot 1 and the South line of said Hallandale Park, a distance of 157.79 feet to the East line extended South of Block 40 of said Hallandale Park; thence North 00006'28" West, along the said East line extended, a distance of 32.08 feet; thence North 89054'01" East, a distance of 32.86 feet; thence North 00042'52" West, a distance of 103.26 feet; thence South 78008'30" East, a distance of 32.62 feet; thence South 69000'10" East, a distance of 104.55 feet; thence South 23020'50" East, a distance of 44.60 feet to the West right of way of Biscayne Boulevard, said point being on the arc of a curve concave Northwesterly, whose radius point bears North 67038'12" West from the last described point; thence Southwesterly, along said right of way and the arc of said curve, having a radius of 3784.83 feet, a central angle of 00049'06", for an arc distance of 54.06 feet to the Point of Beginning. Said lands situate in the City of Aventura, Miami-Dade County, Florida. PARCEL 2: Lots 2, 37 47 5, Block 39 of HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida, LESS AND EXCEPT the portion of Lot 2, Block 39, included within Exhibit " D" of the Resolution recorded in Official Records Book 31821, Page 4752, of the Public Records of Miami-Dade County, Florida. PARCEL I Lot 9 of Block 39 and Lot 1 of Block 40 of HALLANDALE PARK, according to the Plat thereof as recorded in Plat Book 12 at Page 37, of the Public Records of Miami - Dade County, Florida. PARCEL 4: Page 5 of 8 City of Aventura Resolution No. 2021- Lots 6, 7 and 8, Block 39 of HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida, LESS AND EXCEPT the portion of Lot 6, Block 39, included within Exhibit " D" of the Resolution recorded in Official Records Book 31821, Page 4752, of the Public Records of Miami-Dade County, Florida. PARCEL 5: Lot 1, Block 39 of HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida LESS AND EXCEPT the portion of Lot 1, Block 39, included within Exhibit " D" of the Resolution recorded in Official Records Book 31821, Page 4752, of the Public Records of Miami- Dade County, Florida. PARCEL & Property A LOT 10 OF BLOCK 39, AND LOTS 2, 3, 4, 5, 6, 7, 8, 9, AND 10 IN BLOCK 40 OF HALLANDALE PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12 AT PAGE 37 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND Property B A PORTION OF THE RESERVED AREA OF THE PLAT OF "HALLANDALE PARK" LYING EASTERLY OF AND CONTIGUOUS WITH LOT 10, BLOCK 40 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, SAID PORTION ALSO BEING A PART OF THE RESERVED AREA ABANDONED BY THE CITY OF AVENTURA AS DESCRIBED IN RESOLUTION NO. 2007-32, RECORDED IN OFFICIAL RECORDS BOOK 25832, PAGE 1850, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ALL OF THE ABOVE PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 10; THENCE ON AN ASSUMED BEARING OF NORTH 00006'20" WEST, ALONG THE EAST LINE OF SAID LOT, A DISTANCE OF 110.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 10; THENCE SOUTH 78008'30" EAST, ALONG THE NORTH LINE OF THE SAID RESERVED AREA ABANDONMENT, A DISTANCE OF 32.54 FEET; THENCE SOUTH 00040'40" EAST, A DISTANCE OF 103.26 FEET; THENCE SOUTH 89053'23" WEST ALONG A PROLONGATION OF THE SOUTH LINE OF SAID LOT 107 A DISTANCE OF 32.86 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA. PARCEL 7: Page 6 of 8 City of Aventura Resolution No. 2021- Those portions of Lots 4, 5, 9, and 10, Block 38, HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 37, of the Public Records of Miami- Dade County, Florida, lying West of the centerline of N.E. 28th Court, along with a portion of N.E. 28th Court, also known as Second Street, as shown on said Plat of HALLANDALE PARK, all being more particularly described as follows: Commence at the Southwest corner of said Block 38; thence N 89054'37" E along the South line of said Block 38, also being the North right of way line of N.E. 213th Street for 114.97 feet to a point of curvature, also being the POINT OF BEGINNING; thence Northeasterly along a 25.00 foot radius curve leading to the left through a central angle of 90007'47" for an arc distance of 39.33 feet to a point of tangency; thence N 00013'10" W along a line 10.00 feet West of and parallel with the East line of said Block 38, also being the West right of way line of said N.E. 28th Court for 159.99 feet to a point of curvature; thence Northwesterly along a 25.00 foot radius curve leading to the left through a central angle of 89052'49" for an arc distance of 39.22 feet to a non-tangent point; thence N 00013'10" W for 10.00 feet; thence N 89054'01" E along the North line of said Blocks 38 and 39, also being the South right of way line of N.E. 214th Street for 100.00 feet; thence S 00013'10" E for 10.00 feet to a point on a circular curve concave to the Southeast and whose radius point bears S 00005'59" E; thence Southwesterly along a 25.00 foot radius curve leading to the left through a central angle of 90007'11" for an arc distance of 39.32 feet to a point of tangency; thence S 00013'10" E along a line 10.00 feet East of and parallel with the West line of said Block 39, also being the East right of way line of said N.E. 28th Court for 159.78 feet to a point of curvature; thence Southwesterly along a 75.00 foot radius curve leading to the right through a central angle of 19036'04" for on arc distance of 25.66 feet to a non-tangent point; thence S 89054'37" W along the South line of said Blocks 38 and 39, also being the North right of way line of N.E. 213th Street for 70.71 feet to the POINT OF BEGINNING., all as included in Exhibit " D" to that certain Resolution No. 2020-09 filed February 19, 2020 and recorded in Official Records Book 31821, Page 4752, of the Public Records of Miami-Dade County, Florida. PARCEL & Those portions of portion of Lots 1, 2 and 6, Block 39, HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 37, of the Public Records of Miami-Dade County, Florida, LYING East of the centerline of N.E. 28h Court, along with a portion of N.E. 28th Court, also known as Second Street, as shown on said Plat of HALLANDALE PARK, all being more particularly described as follows: Commence at the Southwest corner of said Block 38; thence N 89054'37" E along the South line of said Block 38, also being the North right of way line of N.E. 213th Street for 114.97 feet to a point of curvature, also being the POINT OF BEGINNING; thence Northeasterly along a 25.00 foot radius curve leading to the left through a central angle of 90007'47" for an arc distance of 39.33 feet to a point of tangency; thence N 00013'10" W along a line 10.00 feet West of and parallel with the East line of said Block 38, also being the West right of way line of said N.E. 28th Court for 159.99 feet to a point of curvature; thence Northwesterly along a 25.00 foot radius curve leading to the left through a central angle of 89052'49" for an arc distance of 39.22 feet to a non-tangent point; thence N 00013'10" W for 10.00 feet; thence N 89054'01" E along the North line of said Page 7 of 8 City of Aventura Resolution No. 2021- Blocks 38 and 39, also being the South right of way line of N.E. 214th Street for 100.00 feet; thence S 00013'10" E for 10.00 feet to a point on a circular curve concave to the Southeast and whose radius point bears S 00005'59" E; thence Southwesterly along a 25.00 foot radius curve leading to the left through a central angle of 90007'11" for an arc distance of 39.32 feet to a point of tangency; thence S 00013'10" E along a line 10.00 feet East of and parallel with the West line of said Block 39, also being the East right of way line of said N.E. 28th Court for 159.78 feet to a point of curvature; thence Southwesterly along a 75.00 foot radius curve leading to the right through a central angle of 19036'04" for on arc distance of 25.66 feet to a non-tangent point; thence S 89054'37" W along the South line of said Blocks 38 and 39, also being the North right of way line of N.E. 213th Street for 70.71 feet to the POINT OF BEGINNING, all as included in Exhibit " D" to that certain Resolution recorded in Official Records Book 31821, Page 472, of the Public Records of Miami-Dade County, Florida. PARCEL 9: A portion of N.E. 213th Street, formerly Delaware Avenue and a portion of a Reserved Strip, per HALLANDALE PARK, according to the plat thereof as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida, and that said Reserved strip conveyed to Miami-Dade County recorded in Deed Book 3425, at Page 128, being more particularly described as follows: Begin at the Southeast corner of Block 40 of said HALLANDALE PARK; thence S 89054'37" W along the North right of way line of said N.E. 213th Street, also being the South line of said Block 40 and 39 of said plat of HALLANDALE PARK for 294.35 feet to a point on a circular curve concave to the Northwest and whose radius point bears N 70037'06" W; thence Southwesterly along a 75.00 foot radius curve leading to the right through a central angle of 30017'07" for an arc distance of 39.64 feet to a non-tangent point; thence N 89049'42" E along the South line of said Reserved Strip. Page 8 of 8 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Joanne Carr, AICP Community Development Director DATE: April 2, 2021 SUBJECT: Application to Amend the Official Zoning Map of the City of Aventura by Amending the Zoning Designation of Land Located at 20955 Biscayne Boulevard from OP, Office Park, to B2, Community Business District City Case File No. REZ2010-0001 April 6, 2021 Local Planning Agency Agenda Item 4A April 6, 2021 City Commission Meeting Agenda Item 6D May 4, 2021 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for land located at 20955 Biscayne Boulevard from OP, Office Park District to B2, Community Business District, to facilitate development of a mixed-use retail and hotel project by the applicant. THE REQUEST The applicant, Alan S. Rosenthal on behalf of the owner Centtral Aventura LLC, is requesting an amendment to the City's Official Zoning Map by amending the zoning designation for the property located at 20955 Biscayne Boulevard from OP, Office Park District to B2, Community Business District. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. BACKGROUND OWNER OF PROPERTY: Centtral Aventura LLC NAME OF APPLICANT Alan S. Rosenthal, Esq. LOCATION OF PROPERTY 20955 Biscayne Boulevard See Exhibit #2 for Location Map SIZE OF PROPERTY 1.55 acres See Exhibit #3 for Legal Description The property is located on the east side of Biscayne Boulevard between NE 209 Street and NE 210 Street. A former funeral home has recently been demolished and the property is now vacant. The owner has applied for Administrative Site Plan Approval for a mixed-use retail and hotel development. The proposed building has 40,000 square feet of retail uses located on the first and second floor and are accessed from the interior. The 129 room hotel is located on the sixth to eleventh floors and parking is located on the second through fifth floors. Renderings showing the exterior, interior and hotel pool deck are attached as Exhibits #4, #5 and #6 to this staff report. Administrative site plan review is underway by City staff and its consultants. The current zoning district permits the hotel use but prohibits the proposed retail uses. The applicant has therefore requested a rezoning from OP, Office Park, to B2, Community Business District, to permit the proposed retail uses. ANALYSIS Future Land Use Designation Subject Property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office Zoning Subject Property: OP, Office Park District Properties to the North: B2, Community Business District Properties to the South: OP, Office Park District Properties to the East: OP, Office Park District 2 Properties to the West: B2, Community Business District Existing Land Use Subject property: Vacant Lot Properties to the North: Approved for Office Building Properties to the South: Office Park Properties to the East: Office Building Properties to the West: Aventura Hospital Campus Access — The property fronts Biscayne Boulevard, with side frontages on NE 209 Street and NE 210 Street. Access to the proposed development is by way of NE 209 Street and N E 210 Street. Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31-77 of the Land Development Regulations: 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan. The existing future land use designation for this parcel is Business and Office. 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. There are similar zoning districts adjacent to the north and west of the site. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. 4. Whether or not there are sites available in other areas currently zoned for such use. There are currently no sites available in other areas currently zoned for such use. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. The City's Comprehensive Plan encourages the redevelopment of the Biscayne Boulevard corridor. This development fulfills those plan goals. 3 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The applicant has submitted a traffic study, which is under review as part of the administrative site plan application, to demonstrate that the proposed development will not adversely affect traffic patterns or congestion. The proposal has two entry/exit drives to the development, one on NE 209 Street and one on NE 210 Street. No entry/exit is proposed onto Biscayne Boulevard. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed change will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected because the amendment does not propose an increase in population. 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. The applicant proposes to construct a LEEDO Gold building, to be certified by the US Green Building Council. The applicant is also proposing to retain existing live oak trees on site. Stormwater and pollution control devices will be utilized during the construction process. 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. Public Hearing Notice - Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 4 „ r ROSENTHAL ROSENTHAL -RASCO ATTORNEYS AT L A W September 30, 2020 "LETTER OF INTENT” Ms. Joanne Carr Community Development Director CITY OF AVENTURA 19200 West Country Club Drive Aventura, Florida 33180 Re: Application for Amendments To The Of)12955 al Zoning Map Centtral Aventura LLC (the"Owner") at Biscayne oulevard, Aventura, FL 33180 (the "Property") Dear Mrs. Carr: ' The Applicant represents the Owner, who seeks to rezone the property, formerly occupied by a Funeral Home, from Office Park to B-2. The Property is on the east side of Biscayne Boulevard (U.S. 1) between 20911, and 210d' Street. Biscayne Boulevard is the Main Commercial Corridor in the City of Aventura, as well as most of Miami-Dade and Broward Counties! In that regard the City has previously re-zoned a large section of the west side of Biscayne Boulevard south of 216'' Street from Medical Office use to B-2 by virtue of B-2 being a more appropriate zone for Biscayne Boulevard frontage. The Property, currently zoned Office Park, would be more appropriately zoned B-2 as there is B- 2 zoning adjacent to, across the street from, as well as in close proximity to the Property. The re- zoning to B-2 would not be contrary to but more in keeping with the City's Development Plans, and would allow the Owner to construct a LEED Gold Development that will promote the City's desire to provide high-end development on Biscayne Boulevard. Contemporaneously with the filing of this Application For Re-Zoning, the Applicant has filed an Application For Site Plan Approval, which provides in detail, for the City's consideration, the Owner's proposed Development. It is respectfully suggested that the re-zoning of the Property is in keeping with the City's Planned Development and that Retail Use on Biscayne Boulevard currently exists on almost all of Biscayne Boulevard in the City of Aventura, with very few exceptions. The Owner `s new and exciting Development proposed in the Owner's Application For Site Plan Approval cannot be built without EXHIBIT 1 REZ2010-0001 One Aventura,20900 N.E.30m Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax:305.937.1311 Ms. Joanne Carr 2 September 30, 2020 the re-zoning of the Property as retail uses are not allowed in Office Park Zoning unless they are ancillary to a permitted use. The Applicant, on behalf of the Owner,requests that the re-zoning of the Property be unanimously approved so as to allow the Owner's LEED Gold Development to become a new and exciting reality in the City of Aventura. Respectfully submitted, ROSENTHAL R O L BY w L 1IL_ ASR:cw (WO541738.I) Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E. 301 Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 BROWARD COUNTY I ` e°es°■a°■�°e�° G�5d�°6 �(!'�51T«i i moo°�o� a■eon■ems � e� DADE COUNTY ■4'V1!'B°6�{d•e°6•e'9d�°i�tilTi ■ ■ G■ljstream YACHT LUB DR. ■ �■ Park '• 1 MARINA • COVE ° :e Aventura HARBOR CIRCLE ° :■ Hosp' .,� �- WAY ■ ,■ &Mn��''ul Subject Site + MA INERWAN e �■ Waterways ■ �■ m WATERWAYS Shoppes 207 ST. ■ W W ■ ;d a a COUNTRY CLUB DR. The cOJ 205 ■ '• Promenade ° ° Shops � p ■ iVES DAIRY RD. :■ 203 ST. CPS<l�j r a- ° p '■ 201 TER N rn VV ° m ;° a 0 Turnberry Isle Z ,0 m Resort do Club �n AVENTURA 0�-vD � / Q` U yy U O �s Fire ,gl �■ Rescue Aventura • Station Library Z • a • ;® Aventura Mall 2 O `!ACHY Q • City of Aventura U LUB �J • Government Center LEHMA ' s 192 ST. WILLIAM Off• 0 192 ST. 191 ST. w ;n 190 MYSTIC X Loehmann's • ° Fashion 3 ° /stand _ • ° N 188 ST Z e MIAMI ,g 33180 u GARDENS DR. _ _ • -- -•j'-T•-'-•-•-'-•33 66- :• 183 ST. Durrloundling 7- •Bay 1 Atla►uic '• Little Z �y Williams • [Joan %• Biscayne to 2� Sound • :• arbour 1 Haule 80 ST, Lake w Point n i� • Np DPP 8 2 • taro • �. a TOP � • z 40 • Maule �.._'".... . .. . LEGEND Lake •• Roadways 4 ° •• ■ . . . ■ ■ City Boundary #• ---•— ZIP Code Boundary • •' --•-------- Railroad • ' ■ i EXHIBIT 2 REZ2010-0001 EXHIBIT 3 REZ2010-0001 PARCEL I: Lots 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26, of Block 2, of HALLANDALE PARK NO. 11; CORRECTED PLAT according to the Plat thereof, as recorded in Plat Book 27, at Page 39, of the Public Records of Miami-Dade County: Florida. PARCEL 2: All that part of the 25-foot-wide strip of land formerly known as HARVARD AVENUE (presently designated as N.E. 29th Avenue) as shown on Plat entitled HALLANDALE PARK NO. 11, CORRECTED PLAT, according to the Plat thereof, recorded in Plat Book 27 at Page 39 of the Public Records of Miami-Dade County, Florida, bounded to the North by tfie Westerly extension of the North boundary of Block 2 and bounded to the South by the Westerly Extension of the South boundary of Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT. ALSO The external area formed by a 25 foot radius curve concave to the Northeast tangent to the South with the South boundary of Lot 22 in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT, and tangent to the West with the West boundary of Lot22, in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT. ALSO The external area formed by a 25 foot radius curve concave to the Southeast tangent to the North with the North boundary of Lot 21 in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT, and tangent to the West with the West boundary of Lot 21 in Block 2 of said HALLANDALE PARK NO. 11 , CORRECTED PLAT. PARCEL 3: All that part of the East 1/2 of Lot 2 in Block 6, lying East of Federal Highway, MAP OF TOWN OF HALLANDALE, according to the Plat thereof, as recorded in Plat Book "B", Page 13 of the Public Records of Miami-Dade County, Florida. LESS AND EXCEPT therefrom that Right-of-Way granted to Dade County in Deed dated August 23, 1978 filed October 30, 1978 in Official Records Book 10199 Page 1672, and re- recorded March 26, 1979 in Official Records Book 1 0341, Page 2211, described as follows: A Tract of land being a portion of that part of the East one-half(EI/2) of Lot 2, Block 6, lying Easterly of FEDERAL HIGHWAY, MAP OF TOWN OF HALLANDALE in Section 34, Township 51, South, Range 42 East, Dade County, Florida, according to the Plat thereof recorded in Plat Book "B" at Page 13 of the Public Records of Dade County, Florida, said Tract of Land being more particularly described as follows: Commence at the Northwest Comer of the South one-half (S 1/2) of the Northeast one quarter (NE 1/4) of the Southeast (SE 1/4) of the Northwest one-quarter (NW 1/4) of Section 34, Township 51 South, Range 42 East, Dade County, Florida, said point being also a westerly comer of Tract "A", DONN ACRES, according to the Plat thereof recorded in Plat Book 76 at Page 30, of the Public Records of Dade County, Florida; thence run South 010 03 '38" East along the West boundary of the Northeast one-quarter (NE 1/4) of the Southeast one-quarter (SE 1/4) of the Northwest one quarter (NW 1/4) of said Section 34, being also along the East boundary of said Lot 2, Block 6, MAP OF TOWN OF HALLANDALE a distance of 50.71 feet to the Point of Beginning of the tract of land hereinafter to be described; thence continue on the last described course, being along the last described line, a distance of 55.34 feet to the point of intersection with the Westerly projection of the North boundary of Block 2, HALLANDALE PARK NO. 11, CORRECTED PLAT, according to the Plat thereof recorded in Plat Book 27, at Page 39, of the Public Records of Dade County, Florida; thence run North 65041'00" West along a line that is perpendicular to the Southeasterly Right of Way boundary of FEDERAL HIGHWAY (also known as U.S. No. I; also known as STATE ROAD NO. 5) as shown on Right of Way Map as recorded in Plat Book 34, at Page 54A, of the Public Records of Dade County, Florida, a distance of 43.42 feet to the point of curvature of a curve concave to the Southeast and having for its elements a radius of 25.00 feet and a central angle of 90°00'00"; thence run Northwest-wardly, Westwardly and Southwestwardly along the arc of said curve a distance of39.27 feet to the point of tangency; said point being on the Southeasterly Right of Way boundary of said FEDERAL HIGHWAY; thence run North 24°19'00" East along said Southeasterly Right of Way boundary of FEDERAL HIGHWAY a distance of 100.00 feet to the point of curvature of a curve concave to the Northeast and having a radius of 25.00 feet, said point of curvature bearing North 65"41'00" West from the center of said curve; thence run Southwestwardly, Southwardly and Southeastwardly along the arc of said curve, through a central angle of 90°00'00", a distance of39.27 feet to the point of Tangency; thence run South 65"41 '00" East a distance of 19.70 feet to the Point of Beginning. AND LESS AND EXCEPT therefrom that Right-of-Way granted to Dade County in Deed dated August 23, 1978 recorded October 30, 1978 in Official Records Book 10199, page 1674, all of the Public Records of Dade County, Florida, described as follows: The South 25.00 feet of that part of Lot 2, Block 6, MAP OF THE TOWN OF HALLANDALE according to the Plat thereof recorded in Plat Book B, at Page 13 of the Public Records of Dade County, Florida, lying Easterly of the Southeasterly Right of Way boundary of FEDERAL HJGHWA Y (also known as U.S. No. I; also known as STATE ROAD No. 5) as shown on Right of Way Map as recorded in Plat Book 34, at Page 54A, of the Public Records of Dade County, Florida. ALSO The External area formed by a 25 foot radius curve concave to the Northeast, tangent to the South with a line that is parallel to and 25.00 feet Northerly of, as measured at right angles to, the South boundary of said Lot 2, Block 6, MAP OF THE TOWN OF HALLANDALE, and tangent to the Northwest with the Southeasterly Right of Way Boundary of said FEDERAL HIGHWAY. ALL OF THE FOREGOING PARCEL 3 lying, situate and being in the Northwest one-quarter (NW 3/4) of the Southeast one-quarter (SE 1/4) of the Northwest one-quarter (NW 1/4) of Section 34, Township 51 South, Range 42 East, Miami-Dade County, Florida. e a w Mm y Mr. r a+ , F tip R !.Y F r. win s � t. i — DOM-W VUrLW3AV g 'WAS 3NAVJSIS SO= "nIN3AV IVH- 1N30 dF � YF I Y _ f Y c z a u+ LL � y7 J a a c `t W ~ LL LL Q r1 Q m � W O O N W W - € vim+uwrr�mw�eawww�aaurati.wow+wsrw�Mw�pwn+�ow�.riwmwmw.�m l OB IEEIj Mlf11N3AV • g 'Oils 3 bNAVO61s S560L LL jnJ-N3AV Is t t 4 " i# o z CD yL.+ 03 tD Q ^, W } v rN w W O Q z In U I�1 O < W � Q Q ~� O O do N > a L _ a , ' APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31.71(b)(2)(i)of the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and submitted, The undersigned authorized representative of the individual or entity applying for the Development Permit,which is identified in the accompanying application,and the owner of the property subject to the application(if different)hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship (i.e.Attorneys,Architects,Landscape Architects, Engineers,Lobbyists,Etc.) Behar Font & Partners PA — Architect _ Avino & Associates, Inc. Civil Delos Reyes Engineering_ Structural Pulice Land Surveyoes Surveyor Witkin Hults Landsrapp Architect — (Attach Additional Sheets If Necessary) Alan S. Rosenthal Attorney NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON TEIE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS g(P DAY OF._August, 7(1?O ,206_. AUTHORIZO P ES A ANT: OWNER CentUAventura LLC (Signatur Name: Alan S. Ro a Name:.Jacobo a isle Dichi (Print (Print) _ Title; Attorne Title:_ .. 20900 NE 30 Avenue 2090 NE 30 Avenue Address:_Su i to 600 _ Address:lS-w-Ue _,_ _ Aventura, FL 33380 Aventura, FL 33180 STATE OF FLORIDA ) COUNTY OF MIAMI-DARE) Before me the undersigned authority personally appeared Alan S. Rosenthal as u ri re a of the Applicant and/or the owner of the property subject to the application, who being first by me dui d s a rm t t he/she executed this Affidavit for the purposes stated therein and that it is true and correct. a T la S. Rosenthal SWORN TO AND SUBSCRIBED BEFORE ME this Z`day of Atagu s t., 12 ----.... . of _,_ 1dAr rile RAQUEL WELLS Notary Pubf State Florida At Large Commission N GG 275795 Printed Name of Notary ^� c� Expires January 25,2023 My commission expires: 't'oF��oP 9aid�anwavApdMo4ryawla� tka BUSINESS RELATIONSHIP AFFIDAVIT* a %%,P. This Affidavit is made pursuant to Section 31 71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affant hereby discloses that (mark with"x"applicable portions only) ( 1 t. Affant does not have a Business Relationship with any member of the City Cormission or any City Advisory Board to which the application will be presented. 2. Affant hereby discloses that it does have a Business Re'ationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows. Robart__ShE11ey— (List name of Commissioner or Advisory Board Member) who serves on the C 1 ty Commis-S]On—-- (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as fo!lows. C1 i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative, 1111 Member of City Commission or Board is a partner, cc-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture: J iii The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, O iv. A City Commissioner or Board member is a Client of the Applicant or Representative, (]v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more thar$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year, (1 vi The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000 00 of the business of the Applicant or Representative in a giver calendar year WITNESS MY HAND THIS 2G' DAY OF AuauSt ,2020 ;AP:1PLICANTT: .,. y: Y' (Signature) Name::' (Punt) Title: Attorniny ___ (Print) WITNES MY ND THIS DAY OF August _,20020 PROPERTY OWNER. C ttral Aventura LLC By:_ r _ (Signature) Name _daz '_e—D j4h j—(Punt) Title:_ (Print) 'The terms 'eusine et ionship," "Client," 'Customer,` 'Applicant," "Representative"and "Interested Person"are defined in Section 2-395 of the A ntura City Code. r NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appearedA I dR.�e_�Q S 2I1 a giant,w mg fi y sw 1, wear or affirm Mat he/she executed this Affidavit for the purposes slated therein and that it is true and correct. ha1 SWORN TO AND SUBSCRIBED before me this day o t..,_,,,21:2 Q o1►A;?.. RAQUEL WELLS t • Notary Public a of Flan At Large Commission 0 GG 275796 �� Pr Explres January 25,2023 Printed Name of Notary emdw t7ru&idj*Ndwyttw*m My commission expires:__,______„_ STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this_ day of ,200_ Notary Public�of Forida At t�ge Printed Name of Notary My commission expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is We and corract. AFFIANT SWORN TO AND SUBSCRIBED before me this—day of .200: Notary Public Stale of Foride At large Printed Nana;of Notary My commission expires: STATE OF FLORIDA ) --_- .-•—.--•~•^� COUNTY OF MIAMI-DADE) Before me.the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that It is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this. ,_,.-day of 200_ Notary Public State of Florida At large Printed Name of Notary My commission expires: BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Avenlura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x'applicable portions only) 7ZG]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [)v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25.000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ,200-. APPLICANT: By: (Signature) Name: (Print) Title: WITNESS MY HAND THIS DAY OF _,200_. PROPERTY OWNER: By:_ (Signature) Name:_ _ (Print) Title. (Print) 'The terms 'Business Relationship," "Client," "Customer," 'Applicant," "Representative"and "Interested Person" are defined in Section 2-395 of the Aventura City Code. 4Font HAND THIS DAY OF it5w 200 . r_: Listed on Business Relationship Affidavit) Partners, P.A.__ BY:_ (Signature _._._ Name: (Pr1. G,.t _rPmtJ Ttt�----- . . _ _ _ Ono By: (5igvWow By:_. __ (Sgrteture Name:__... (Aa►rtJ Name: (Prhtf Tiller. __(Pant) Tide:_ __(Print) BY:..— �(signatcueJ By: fSx�vtatwe Name-_ _ _ � _(Pint) Name: -____—(�►+d Tide: _ -RAW) Tdwe- (A'ad) ,(SOna'turW By: _ ^ (Signature T*: _ —ftiv) TRW— .w (Pfo Tice.--, _ -._...(PrmU Tice: _.(PhiaV BY:_ BY.— `(S>9ns" Title _ _ (PiNJ r+P _ (ft1 Tide: (P►�nQ Titfe _ �(P/W By: NOW") By:_- 607sure Tire: ____(A'►nt) Title:_ (p(1 Title: (Pr»{) Tide:-- (PAW NOTE: 1) Use duplicate sheets d disclosure information for Representative varies 2)Applicants and AfSants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. NOTAMSTATE OF RAMA J Q.OVON COUNTY OF MWI OADE) li�liare asr�be unlrNyrwd aulrraiy.penorrly iM�y 1� bie ANAK who k4& P rum.did rover a Wirm that" Mma osoMWnrDAMIN ' ""�w""'r�'�a�►` �""'"d°°"�` Bah nners, P.A. J Q� AfFIAN SWORN TO ANO 6*m ree floe a � si OfZ •�d�-' :ki►�?�_ CLAUCIA MAARIM Notary Fiadda A�tar9e •. M'f Co s*N R oco low "o.3m Fly, NearedNow o � f ormrtsgalr STATE OF ff.OitIDA ) COUNTY or WAMFDAM) Boas me,ba witl mWdd ardhoriy.po—ky rPfaad _ N ARant row be ft fait by me dtdy Bran,d4 SIM or&Mon dwt haWw esaawd MA~for tM po mu sisbd#wreb nd bd It is ke end rYerect AFFUNT' _ SWON440 AND&*$M*Dbebvneon —dayd. _..20D.. Mollryt?ufNro btrla dFfodda IY� PrfnMdHe�dNaWlr MN eoerrrYasion parrs:.. ._ _ STALEOF FLORIDA � �.._.... ..._._.._....._...._ .�__»..__...._,.._..._..._.,.........._._ ,�_ OOLOM OFMA6fbM) a**me,the wwosvw ei mmy.pow*sopw d dd siwar or srm lhm harshe sKsou ed ft gtidsrfl&Yw Oww"Mllad Iweln MOM tie ow aedoerna A41AI Sw GRN TO ANP SUSS JMD bWv rfw 0m doy of. 20D, Norry k6i tiros a Flrde AI tiiye PrNrkd MCMe M NawY �. .. IAy ooermtrsion erpier:., _ _. SfAStOFFLORIDA �__..� ....._.._., _.......«......._.._.........___........�........._........r._.._.._...._.... — — couNrY aFataM►�) seiore aw,frr ondMsipned authodq►,Osnsaraljr append ba AtirK rho b"fast by mr dYly$Mr.dd awar or aftrm AN Aehha exeeurd ft AM"fbr fm pur "paled swretn and bet 1 is ho W o nod AFFTArtT _ SWORN TO AND SUBSCRIBED ba wo me M _day d ,MI_ Notary AA*StMasfAwda Atrarga f�lhrled Nanw of tlolary — -- My oommeraian a+rpkas:_ _ — WITNESS MY HAND THIS 31 st DAY OF 2fJ0_. REPR E TATtVE:(Listed on Business Relationship Aftidavil) Avi 0' S OCidtes, -Lnc. By: T te�(Signature) By: _- (Signature Na ' Jorge R_ Avino __(Print) Name: Title:Ci vi l.­E n gi neer__(Pnnr) Title:_ By _ (Signature) By Name' _ _ ..(Phil) Name: _.(Print) 7it'e _._.. ...___ _ ._.(Print) Title:--_ .._(Print) By: _._ _. __...._. ._.__(Siynature) By,_ (Signature Name:_. _- �.� _(Prim) Name:_ ._ _ _(Prim) Title: _ (Print) Title' -- . _.. _ (Prim) By. (Sgnature) By:______._- (Sggnature Title: -._ —(Print) Title. Title: (Print) Title By.. _(Signartrrzl By:....-__.._._._ . .. . -- (Signature Title: __.. __.___......_ (Print) Tille: _ _(PnM) Title._,.... l fin') Title: _ . —(Print) far - (Signature) By:. (.Signature Title: _(Print) Title: _ _ (Print) Title: _- —(Pnat) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiarts are advised to timely supplement this Affidavit pursuant to Sec. 31-7)(b)(21(iv)of the City's Land l velopment Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMt-DADE) Before me,the undersi undersigned Jorge R.Avino g ry,personally appeared the Aftani,w ing first 6y me duly swum,did swear at affirm That he,'she executed this Affidavit ro,die purposes stated twein and that it is true and cared. - I Avi!( o; ociat"es-, nc. AFFIANW `4 SYVORN TO AND SUBSCRIBED before me this 31-sUy of-AUgU a t,200,2d t t " ., NOBELVALENCIA '"`'� _ UY COMMISSION#GG 188521 Ngry p State of Ficrida At Large a- EXPiRES:May8,2022 _Nobel Valencia _ Printed Name of Notary - °of Bonded Thru Notary Public thtde+uTllars My cemmissoon expires: May 8, 2022 STATE OF FLORIDA ) - COUNTY OF MiAMI-DARE) Before me.the Undersigned authority,personally appeared _ _ the Affiant.who being first by me duly sworn,die swear cr affirm that he/she executed this Affidavit fur the purposes stated therein and that it Is true and correct. AFFIANT ----.^-v-- SWORN TO AND SUBSCRIBED before me this. day of, Notary Pubrrc Siata of Flouts At Large Printed Name of Notary My commission expires: _...------------- - .._.. -......... - --.._... COUNTY OF 11,11AMi-DADS) Before me,the andersigned authority,Gersonai y appeared the Affient,who being first by me duly,worn,did swear or affirm that helsha exearted this Altxiaml for the purposes stated Meran and that it is true and coaod. AFFIANT SWORN TO AND SUBSCRIBED before me Ibis__ day of, Notary Public Stale of Ronda At Large Printed Name of Notary My commission expires:- - - __._.......-- -...._..-.........._..._.... -------- -..-.._...._.,....._...__..................._.--.._...._- ------• STAri CFrLORIDA ) COUNTY OF MIAMI•DADE) Jefore me.the undersigned authority,personalty appeared _ the Affanl,who being first by me duiy sworn,did swear or affirm that ne,'she exararled this Affieavit for the ourposer.stated thman and that it is true and correct. AFFIANT - - SWORN TO AND SU3SCRIBED Wore me this day of _-.. -200_ Ndary Public 5raie of Fbrid�At Large Printed Name of Notary- -- - My commission expires:- _ _ WETNESS MY HAND THIS,-'3J_5'r0AY OF REPRESENTATIVE: Listed on Business Relationship Affidavit) DeLos Reyes Engineering By: ---(Signature) By._ _ __. .. . _._, (Signature Name. ercTGIR,�-Dr- Lip., Name,_... ........ ....... . ......... (Print) Title:Str.__u.ct rd1._ gitlee '/inr) Title, By - (.Signature) By:_ Name: _.. ..-, _.._ !Print) Name: (Print,) Title _. _._..... . (Pont) Title. _.. _(Prrrx) By:, _ _.. _ (Signature,; By-__ _ (Signature Name-. __...__ . __ ._.(Pliru) Name:... _(Pmt) Title: ._(Pnnt) Title ...... ........................ _ (Print) BY _ -._. (Signature) By______. _... _ (Signature Title: __ (Print) Title: (P(int) Tifie: _ (Print) Tale: _....__. ._ _.,...(Print) By... _(Signature) By:- _ .___.____ ..._.._._..... (Signature Title _.._(Print) Titie:_--__ _. . (PnnCi Title: _. (Print) Title:- ._- _-- _ - —......__ _ .__(POO By: _ ........... .... ............................,(Signauure) By ......... _ (Signature Title: _ .., (Pont) Title;_. _ ------- - -tPrint) Title: _ ,,. (Print) Title. _ ......... NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. N07ARi.ZATION PROVLSlON STATE OF FLORIDA j COUNTY OF MiAMI-DADE) NEG Before me,the undersigned authority,personally appeared,bg tQS ' the Affiant,who being first by me duly sworn,did swear or affirm mat he/she executed this Affidavit for the purposes stated therein and that it is true and correct. Delos Reyes Engineering AFFIAW SWORN TO AND SUBSCRIBED before me this day of S-t 200.20 INNNotary Public State of Florida My Public State of Florida At Lan e C Rosales Notary p My Commission GG 154900 Z EM(cf— M �. pFd� Expires 10/25/2021 Printed Name of Notary My commission expires; 0f2S1Z02 .--- .. STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me.the undersigned authority,personally appeared —,_.,...._...... the Affiant,who being first by me duly swan,did swear or affirm that he/she executed this Affidavit for the purposes staled therein and that it is We and correct. AFFfANT SWORN TO AND SUBSCRIBED before me this, ,,,,—day of-,T T,200_ Notary Piac Stale of Flddde At Large (hinted Name of Notary My commission expires: STATE OF FLORIDA ) COIMTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared _ the Affiant,who being first by me duly swan,did swear or affirm that he/she executed this Affidavit for the purposes slated therein and that it is true and corroct. AFFIANT SWORN TO AND SUBSCRIBED before me this_ day of 200_ io1&_i Public State of F4odde At Largo Printed Name of Notary��-- _ My commission expires-.- STATE OF FLORIDA COUNTY OF MIAMt-DADE) Before me.the undersigned authority,personalty appears .._ _ .. the Affient.who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that ft is true and correct. AFFIANT — SWORN TO AND SUBSCRIBED before me this ...day of 200_ Notary ot&k Stale of plortda At Large Printed Name of Notary My commission expkes:__ — WITNESS MY HAND THIS DAY OF August, 2020 200, PU RE Ce ATIV (Lis v ors ess Relationship Affidavit) S turej By:- _ (Signature Names b&,6?F 4C--(Print) Name:. (Print) T&L ns nd Surveyor (Print) Title:—__ (Pni By:, (Signaft") By:_ (Signature Nm.,- (Print) Name: (Prix) TO: ftf) TW: (ftw By:__ (Sgn�ureJ By: (Sgnature Neme: (Print) Name:_ (Phew Title: (Pry Tide:_ (Pfh) By: (S wure) By: _(Signature Title: _IptiW) Tide' �(PW TWO: (Prft) Title:... iPYinV) By:_ _(S#wlure) By:_. (Signatte Title: (Prirw TiNe:_ _. ) Title: ( TRW. _...__.(Pratt} By (Signsturej By:..,__ _,. (Signature Title: _(Prim} Title:.__ __ _ __fty Tide: (P w Title:,_ (Prim NOTE; 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZA T IONERQYSION STATE OF FLORIDA ) COUNTY OF MIAAM-BASE)browardL Before me,the undersigned authority.Personally app&&-ad j0hrL CR? the A ho being form me duly swam,did gear or affirm tha Q6he executed this Affidavit for the purposes stated therein and that it is true and owect Pulice LOIJ Surveyors SWORNT(J:,a, dayof-At,uu-st,200.20 r` tDA UK S T G3 27s312 T= c�✓d�+� al MY�Mle1� 20r 2022 Notary Publk ( r�y_tL>lr9a iMaw+" •T EQ�,ti; 5r r dad Thu NMW M commissionn xpires.., STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me,the undersigned authority,personally appeared _ _ _ the Affiant who being first by me duty sworn did swear or affirm that hehhe executed this Affidavit ter the purposes staled therein and that it is true and correct AFFlANT SWORN TO AND SUBSCRIBED before me this _day of__ 200- Noxary'Pubuc State of FIAdt-s AI Large Printed Name of Notary r~ fiM commission expires: STATE OF FLORIDA COUNTY OF MIAMI-DARE) Beige me,the undersigned author4,pergortally appeared.. __ -the Af6ent.who beirgt fustby me duty sworn,did swear or affirm that helehe executed this Af twit for the purposes stated therein and that A is true end Correct. AFFIANT _ - SWORN TO AND SUBSCRIBED before me this._ dayof 200_ Nolasy P6dk Stele o1 FlorWa At l.etge isrinted Name oiNotary - My CormYssim expires.. - _ . ----..--_ - STATE OF FLORIDA ) COUNTY OF MIAMt•DADE) Before me,the undersigned authority;personally appeared_ _ _ - the Affianl Who being first by me duly sworn,did swear or affirm that heMa executed this Affidavit for the purposes slated therein and that A is true,and comert. AFFIANT - SWORN TO AND SUBSCRIBED before ore this day of _ _ _200: Notary lit fl Stele of.Plo At iiM-9- Fdnled Nerve of Notary .- _. My commission expires:_ - � . . ^ WnNESSMY HAND THS____DAY OF AQUSt. 2Q2Q 200_ Relationship Aff0avit) w up -,. ~na- , ^ - . gn-_ re (pnw) Nomu____ ....... (Print) T0wlandscape ArchileMnO TiUs_____ Print) By:. (S»qwauxz) By:- (Siyn*ump Name: (Rnm) Name:. Rini) Tltle: -_ Title:-- By: (SIgmy8xe) By: tu NamoL._____ (Pfihl) Name: _______(FMhV TiUa (Phnt) TNePrini) (Sig/a8me) /�oma�� Tidu:_____ _-_'(Plint) T0e: 0q*�)t/ Ti (Print) Ti8m P/ioV 0y._ Si�oyoxe) By: Title: ��n� Titlm_____ (Frvt) Th|m:­ __��hV 8y:_ (Signature) By: (Sigmmx* Ti8o:_____________- (Print) Title: TiUm:-_____ (print) Title: NOTE: 1} Use duplicate sheets if disclosure information for Representative varies 2}Applicants and AMluots are advised to timely supplement this Affidavit pursuant to See. 31'71(h)(2)(iv) of the C\ty`s Land Development Regulations in the City Code, in the event that prior to omusidanxdon of the application by the City Bound or Commission, the in6v,mndun provided in the*ffiduvd becomes incorrect o, NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared,AVXG% )W/ 41A�,Affiant,who being first sAart, id swear or affirm that he/she executed this Affidavit for the purposes slated therein and that it is true and correct. s' n Group B . A'FFIA � SWORN TO AND SUBSCRIBED before me this day of AUg U$-t ,20020 :ko► VALERIA SOTO �': Notary Public-State of Florida y�.; Commission N HH 3014 Notery� rc eof Largo a M1.: My Comm.Expires Jul 25.202A ([a _ Bonded through National Notary Assr, Printed Name of Notary My commission expires:.?f .4l Z y STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me,the undersigned authority,personally appeared _ _ _ —the Affiant,who being first by me duty sworn,did swear or affirm that he/she executed this Affidavit for the purposes slated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this, _day ot_ _ 20D— "d 7pw*Slate 6f 96(1 Ai ltfga Printed Name of Notary r My commission expires; STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared �._ _the Affiant,who being first by me duty swan,did swear or affirm that helahe executed this Affd"for the purposes stated therein and that it Is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this. doy of.. �._ 200 . 14010 y P4t6lic State of Roth__At l.erpe Printed Name of Notary My Commission e(pires:_ STATE OF FLORIDA _.) __._ .._._.,_....._._....�_..._.�_......__,..�..,.._........_.....� COUNTY OF MIAMI-DADE) Before me,tie undersigned authority,personally appeared r the Affient,who being fast by me duly sworn,did swear or affirm that he/she examined this Affidevit for the purposes stated therein and that N Is true and correct. AFFIANT ��- SWORN TO AND SUBSCRIBED before me this. -day of 260_. Notary OFIiic State of Ftodde At Large Pdnted Name of Notary My commission expires:_ _ ORDINANCE NO. 2021- 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 1.55 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD, LOCATED AT 20955 BISCAYNE BOULEVARD, AS LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE, FROM OP, OFFICE PARK DISTRICT TO B2, COMMUNITY BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Alan S. Rosenthal on behalf of Centtral Aventura LLC, through Application No. REZ2010-0001, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation ("Rezoning") of the 1.55 acre parcel of land on the east side of Biscayne Boulevard, with municipal address of 20955 Biscayne Boulevard, legally described in Exhibit"A"attached hereto, (the "Property")from OP, Office Park District to B2, Community Business District; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes, and as the Local Planning Agency has determined that the Rezoning is consistent with the applicable provisions of the City Comprehensive Plan; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the Rezoning application and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan and furthers the health, safety and welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Official Zoning Map Amended. The Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for the Property, legally described in Exhibit "A" to this Ordinance, from OP, Office Park District to B2, Community Business District. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of City of Aventura Ordinance No. 2021- the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Revision of Zoning Map. It is the intention of the City Commission, and it is hereby ordained that the Official Zoning Map of the City may be revised to accomplish such intentions. Section 5. Disclaimer and Condition. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of a development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Ordinance No. 2021- PASSED on first reading this 6t" day of April, 2021. PASSED AND ADOPTED on second reading this 4t" day of May, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of 2021. City Clerk City of Aventura Ordinance No. 2021- EXHIBIT "A" LEGAL DESCRIPTION OF LAND PARCEL [: Lots 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26, of Block 2, of HALLANDALE PARK NO. 11; CORRECTED PLAT according to the Plat thereof, as recorded in Plat Book 27, at Page 39,of the Public Records of Miami-Dade County: Florida. PARCEL 2: All that part of the 25-foot-wide strip of land formerly known as HARVARD AVENUE (presently designated as N.E. 29th Avenue) as shown on Plat entitled HALLANDALE PARK NO. 11, CORRECTED PLAT, according to the Plat thereof, recorded in Plat Book 27 at Page 39 of the Public Records of Miami-Dade County, Florida, bounded to the North by the Westerly extension of the North boundary of Block 2 and bounded to the South by the Westerly Extension of the South boundary of Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT. ALSO The external area formed by a 25 foot radius curve concave to the Northeast tangent to the South with the South boundary of Lot 22 in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT, and tangent to the West with the West boundary of Lot22, in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT. ALSO The external area formed by a 25 foot radius curve concave to the Southeast tangent to the North with the North boundary of Lot 21 in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT, and tangent to the West with the West boundary of Lot 21 in Block 2 of said HALLANDALE PARK NO. 11 , CORRECTED PLAT. PARCEL 3: All that part of the East 1/2 of Lot 2 in Block 6, lying East of Federal Highway, MAP OF TOWN OF HALLANDALE, according to the Plat thereof, as recorded in Plat Book"B", Page 13 of the Public Records of Miami-Dade County, Florida. LESS AND EXCEPT therefrom that Right-of-Way granted to Dade County in Deed dated August 23, 1978 filed October 30, 1978 in Official Records Book 10199 Page 1672, and re- recorded March 26, 1979 in Official Records Book 10341, Page 2211, described as follows: A Tract of land being a portion of that part of the East one-half (EI/2) of Lot 2, Block 6, lying Easterly of FEDERAL HIGHWAY, MAP OF TOWN OF HALLANDALE in Section 34, Township 51, South, Range 42 East, Dade County, Florida, according to the Plat thereof recorded in Plat Book "B" at Page 13 of the Public Records of Dade County, Florida, said Tract of Land being more particularly described as follows: Commence at the Northwest Comer of the South one-half(S 1/2)of the Northeast one quarter (NE 1/4) of the Southeast (SE 1/4) of the Northwest one-quarter (NW 1/4) of Section 34, Township 51 South, Range 42 East, Dade County, Florida, said point being also a westerly comer of Tract "A", DONN ACRES, according to the Plat thereof recorded in Plat Book 76 at Page 30, of the Public Records of Dade County, Florida; thence run South 010 03 '38" East along the West boundary of the Northeast one-quarter (NE 1/4) of the Southeast one-quarter City of Aventura Ordinance No. 2021- (SE 1/4) of the Northwest one quarter (NW 1/4) of said Section 34, being also along the East boundary of said Lot 2, Block 6, MAP OF TOWN OF HALLANDALE a distance of 50.71 feet to the Point of Beginning of the tract of land hereinafter to be described; thence continue on the last described course, being along the last described line, a distance of 55.34 feet to the point of intersection with the Westerly projection of the North boundary of Block 2, HALLANDALE PARK NO. 11, CORRECTED PLAT, according to the Plat thereof recorded in Plat Book 27, at Page 39, of the Public Records of Dade County, Florida; thence run North 65041'00"West along a line that is perpendicular to the Southeasterly Right of Way boundary of FEDERAL HIGHWAY (also known as U.S. No. I; also known as STATE ROAD NO. 5) as shown on Right of Way Map as recorded in Plat Book 34, at Page 54A, of the Public Records of Dade County, Florida, a distance of 43.42 feet to the point of curvature of a curve concave to the Southeast and having for its elements a radius of 25.00 feet and a central angle of 90000'00"; thence run Northwest-wardly, Westwardly and Southwestwardly along the arc of said curve a distance of39.27 feet to the point of tangency; said point being on the Southeasterly Right of Way boundary of said FEDERAL HIGHWAY; thence run North 24019'00" East along said Southeasterly Right of Way boundary of FEDERAL HIGHWAY a distance of 100.00 feet to the point of curvature of a curve concave to the Northeast and having a radius of 25.00 feet, said point of curvature bearing North 65"41'00" West from the center of said curve; thence run Southwestward ly, Southwardly and Southeastwardly along the arc of said curve, through a central angle of 90000'00", a distance of39.27 feet to the point of Tangency; thence run South 65"41 '00" East a distance of 19.70 feet to the Point of Beginning. AND LESS AND EXCEPT therefrom that Right-of-Way granted to Dade County in Deed dated August 23, 1978 recorded October 30, 1978 in Official Records Book 10199, page 1674, all of the Public Records of Dade County, Florida, described as follows: The South 25.00 feet of that part of Lot 2, Block 6, MAP OF THE TOWN OF HALLANDALE according to the Plat thereof recorded in Plat Book B, at Page 13 of the Public Records of Dade County, Florida, lying Easterly of the Southeasterly Right of Way boundary of FEDERAL HJGHWA Y (also known as U.S. No. I; also known as STATE ROAD No. 5) as shown on Right of Way Map as recorded in Plat Book 34, at Page 54A, of the Public Records of Dade County, Florida. ALSO The External area formed by a 25 foot radius curve concave to the Northeast, tangent to the South with a line that is parallel to and 25.00 feet Northerly of, as measured at right angles to, the South boundary of said Lot 2, Block 6, MAP OF THE TOWN OF HALLANDALE, and tangent to the Northwest with the Southeasterly Right of Way Boundary of said FEDERAL HIGHWAY. ALL OF THE FOREGOING PARCEL 3 lying, situate and being in the Northwest one-quarter(NW 3/4) of the Southeast one-quarter (SE 1/4) of the Northwest one-quarter (NW 1/4) of Section 34, Township 51South, Range 42 East, Miami-Dade County, Florida. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson (92� City Manager BY: Joanne Carr, AICP J-(AW Community Development Director DATE: April 2, 2021 SUBJECT: Application by Aventura North Distrikt Developments LLC for Amendment to the Text of the City of Aventura Comprehensive Plan to Revise Policy 2.1, Business and Office Land Use Category, of the Future Land Use Element City Case File CPA2103-0001 April 6, 2021 Local Planning Agency Meeting Agenda Item 413 April 6, 2021 City Commission Meeting Agenda Item 7A June 1, 2021 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve amendments to Policy 2.1 of the Future Land Use Element of the City of Aventura (the "City") Comprehensive Plan as described below. THE REQUEST The applicant, Aventura North Distrikt Developments LLC, is requesting an amendment to Policy 2.1 of the Future Land Use Element of the City's Comprehensive Plan to permit (1) residential uses with a maximum density of 57 dwelling units per acre in the MO, Medical Office District and contiguous Business and Office use designated lands as specifically provided in the Land Development Regulations and (2) a maximum floor area ratio of 2.49 for developments that dedicate certain lands for public right of way and construct a public road at its cost, both subject to conditional use approval, in the Business and Office future land use category. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. BACKGROUND Although a text amendment to the City's Comprehensive Plan is not property specific, the proposed amendment will facilitate the development of the property lying between 1 Biscayne Boulevard and East Dixie Highway, north of the intersection of NE 213/214 Street to the north City limit. The applicant has proposed a mixed-use project with residential/hotel/office/retail and an assisted living facility within 12.50 acres of land. A rendering of the development is attached as Exhibit#2 to this staff report. The first amendment requested by the applicant is to allow residential uses in the Business and Office future land use category with a maximum residential density of 57 dwelling units per acre, subject to conditional use approval, in the Medical Office zoned portions of the Business and Office designation and contiguous Business and Office designated properties that are part of a master site development plan and agreement. The second amendment requested by the applicant is to allow a maximum floor area ratio of 2.49 in the Business and Office land use category, subject to conditional use approval, for properties that dedicate a minimum of 35,000 square feet of land to the City for public road construction as part of an overall development and construct the road at the owner's or developer's expense. The Business and Office Land Use Category in the Future Land Use Element of the City's Comprehensive Plan currently allows a maximum of 2.0 floor area ratio and does not include residential uses. Approval of an amendment to that land use category is required to allow the proposed mixed-use development. The development proposal will also require application for and approval of an amendment to the MO, Medical Office zoning district in the City's Land Development Regulations (LDR) to allow increased floor area and density. The applicant has submitted its LDR amendment application, which is the subject of a separate staff report and ordinance on the April 6 Local Planning Agency and City Commission meetings. If the proposed amendments to the Comprehensive Plan and Land Development Regulations are approved, the next steps in the development process will be submission and review of a master site plan and development agreement,which will be presented to the City Commission at a public hearing. The developer anticipates construction in three phases. A separate site plan will be reviewed for each phase and once all review comments are addressed, an application for conditional use approval will be presented to the City Commission at a public hearing. THE PROPOSED AMENDMENT The proposed amendment is to Policy 2.1 of the Future Land Use Element of the Comprehensive Plan, as follows': "FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. Underlined text indicates insertions. Stricken-through text indicates deletions. 2 OBJECTIVE 2 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 2.1 The Future Land Use map shall identify all residential land as one of the following Residential Land Use Categories: Business and Office This category accommodates the full range of sales and service activities. Included are retail, wholesale, personal and professional services, commercial and professional offices, hotels, motels, hospitals, medical buildings, nursing homes, entertainment and cultural facilities, amusements and commercial recreation establishments. However, private commercial marinas may only be permitted as a conditional use as contained within the land development regulations. Residential uses on properties zoned MO, Medical Office District, under the City's Land Development Regulations and contiguous Business and Office designated properties developed as part of an approved development agreement, may be permitted subject to conditional use approval. These uses may occur in self- contained centers, high-rise structures, campus parks, Town Centers or in nodes defined by the intersection of two arterial roadways or the intersection of an arterial and a local or collector street. Additionally, the Metropolitan Urban Center (MUC) designation as described and adopted within the Miami-Dade Comprehensive Master Development Plan may be applied as an overlay within this land use category. The specific range and intensity of uses appropriate in a particular Business and Office property is dependent on the particular land use, design, urban services,transportation, environmental and social conditions on and around the subject parcel at the time of approval including consideration of applicable goals, objectives and policies, and the provisions of applicable land development regulations which serve to implement the comprehensive plan. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures)divided by the net lot area of the development parcel of 2.0. Notwithstanding the foregoing, developments that dedicate a minimum of 35,000 square feet of land for public road construction purposes as part of an overall development and construct the public road at the owner's or developer's expense,shall have a maximum allowable floor area ratio of 2.49, subject to conditional use approval. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. ANALYSIS Section 31-53 of the City's Land Development Regulations provides that the text of the Comprehensive Plan may be amended by application of any person, board, agency or their 3 authorized representative. The application has been submitted by the proposed developer in accordance with that section. The applicant's attached Letter of Intent describes the consistency of its requests with the goals and objectives of the City's Comprehensive Plan. This amendment, if approved, will facilitate the development of a mixed-use development of a 12.2-acre property in the northwest corner of the City. At the February 18, 2021 workshop presentation, the City Commission requested that a study be presented by the applicant concurrent with discussion of the text change to the comprehensive plan, to confirm the applicant's statement that this proposed development would reduce traffic compared to as-of- right development in this zoning district. A trip generation analysis prepared by the applicant's traffic engineer, David Plummer & Associates, is attached as Exhibit #3 to this staff report. The analysis compares the number of trips generated daily, in the a.m. and p.m. peak hours for maximum development based on the existing zoning to number of trips generated by the proposed mixed-use development. The analysis shows that the traffic generated by the existing zoning if developed with one of the highest permitted traffic generators, that is medical offices, at the 2.0 maximum floor area ratio is 34,110 daily trips, 1,468 a.m. peak hour trips and 2,834 p.m. peak hour trips. If developed as proposed with a mix of office, hotel, multifamily residential and assisted living facility, the analysis shows that traffic will be reduced to 13,230 daily trips, 537 a.m. peak hour trips and 640 p.m. peak hour trips. This is a 61% reduction in daily trips, a 63 % reduction in a.m. peak hour trips and a 77% reduction in p.m. peak hour trips. Additionally, the development will mitigate number of trips by providing a dedicated drop off area for the City's shuttle bus and Freebee service and by providing an improved east-west access road between Biscayne Boulevard and East Dixie Highway. A full, in depth traffic study will be submitted and reviewed as part of the future site plan approval applications. Notice of the proposed amendment has been published in accordance with Section 31-53 of the City Code and Section 163.3184 of the Florida Statutes. If adopted by the City Commission, a copy of the ordinance will be transmitted for comment to the review agencies listed in Section 163.3184 of the Florida Statutes. That legislation provides that comments are to be provided within 30 days of receipt. Staff will present the ordinance to the City Commission for second reading once comments are received and addressed. 4 DocuSign Envelope ID:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F C4 Bilzin Sumberg Brian S.Adler,Esq. Tel 305.350.2351 Fax 305.351.2206 badlerftilzin.COm March 1, 2021 Ms. Joanne Carr City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Request to Amend Text of City of Aventura Comprehensive Plan Business and Office Section of Land Use Element Dear Ms. Carr: Please consider this our request on behalf of our client, Aventura North Distrikt Developments, LLC ("Aventura North") in connection with an application to amend the text of the Business and Office section of the City of Aventura ("City") Comprehensive Plan Land Use Element. Aventura North is the proposed developer of portions of the property located in the application. A. The Property While this application is a text amendment and therefore property specific information is not required, the particular property under consideration as part of this amendment may be helpful for your evaluation. Any development will be subject to property specific applications in the future. The property anticipated to be part of a future application is currently owned by Aventura Dixie LLC and Jasmin Investments LLC and consists of approximately 12.50 acres located between the intersection of where NE 213th Street crosses Biscayne Boulevard to the West (which is anticipated to become the new realigned Northeast 214 Street) and along NE 214th Street, extending north to the county line/northern City limits, and between Biscayne Boulevard and East Dixie Highway (the "Property"). This area remains one of the last development parcels within the City of Aventura and has been an area of focus for redevelopment for over 20 years. The City's Comprehensive Plan since its original adoption in 1998 has singled this particular area as a focus for redevelopment. In fact, redevelopment of this particular area is one of three focus areas highlighted within the City of Aventura's Comprehensive Plan ("Comp Plan") for redevelopment as recognized with specific reference on numerous pages of the City of Aventura's Comprehensive Plan as highlighted on the attached as Exhibit "A". Bilzin Suniberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florid- Tel 305.374.75801 Fax 305.374.7593 1 hilzia.com EXHMIT 1 CPA2103-0001 DocuSign Envelope ID:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F Ms.Joanne Can, March,,2021 Page 2 C� Bilzin Sumberg The Hospital District where the Property is located is one of three specific areas that were part of the City's focus for redevelopment since its incorporation. See Comprehensive Plan Page 6 attached as Exhibit "A." The area where the anticipated future application is located remains mostly undeveloped and has been historically characterized by fragmented ownership, misaligned and substandard platted streets in need of costly expansion and construction, and narrow platted lots, and an absence of incentives or development potential to justify the costs associated with development of the Property or to put it on par with developments east of Biscayne Boulevard, which enjoy water frontage, water views or sufficient developed infrastructure. B. City Comprehensive Plan: Historical and Current Promotion of Redevelopment of Hospital Area The objectives and policies of the original 1998 City of Aventura Comprehensive Plan emphasize within the very first page of text, and in the actual introduction, the need for redevelopment and upgrading of the hospital area. See Exhibit "A" Comprehensive Plan Page 4. The hospital area is not only the focus for redevelopment in the Introduction but various places throughout the Comprehensive Plan. The Future Land Use Element specifically identifies the hospital district as an area to be redeveloped. (See Exhibit "A", Comp Plan, Page 6.). Further, the City of Aventura Economic Development Component and Urban Design Elements, on Page 8 of the City of Aventura Comprehensive Plan, also specifically encourage the redevelopment of the hospital area. See Exhibit"A". While the remainder of the other areas identified in the City Comprehensive Plan as a focus for redevelopment have achieved the desired economic development and growth, those areas lie mainly east of Biscayne Boulevard, capitalizing on their natural attributes such as water frontage or water views or proximity to the mall, established roadway dedications and infrastructure or a core built-in residential density in the immediate area to support development. The Property that would be subject to a future application does not enjoy the same built-in natural attributes or infrastructure/roadway network to support development at the current limitations contained in the City Comprehensive Plan and land development regulations. The fragmented ownership compounded the obstacles to redevelopment, which required the acquisition of dozens of platted parcels under varied ownership over an extensive period of time. While most properties east of Biscayne Boulevard are comprised of a single lot or limited number of properties, the fragmented ownership has historically contributed to the other impediments to redevelopment. Further, the Property is not waterfront and not only does not provide the same development opportunities as waterfront or water-view properties, or areas where surrounding density already exists, but also has an insufficient roadway network in extensive need of dedication and costly redevelopment that has historically impeded its redevelopment. Proper development and alignment of NE 214 Street requires a total reconfiguration of the westbound intersection, extensive dedication for the lengthy anticipated roadway and a widening of the current street. Additionally, to properly enter the area given the angle of Biscayne Boulevard not only envisions the re-alignment of Northeast 214 Street, mast arms and coordination with the County and Florida Department of Transportation, but it has been determined that a southbound dedication and development of a deceleration lane along Biscayne Boulevard is required. Coupled with the dedication and widening of Northeast 214 Street into a proper east- MIAMI 8104874.1 85247/91087 DocuSign Envelope ID:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F Ms.Joanne Carr March,,2021 Page 3 C> Bilzin Sumberg west access, between Biscayne Boulevard and East Dixie Highway, substantial additional dedication and construction expenditures are required. C. Opportunity Zone Furthermore, the State of Florida specifically recognizes and identifies the area where the Property is located as an Opportunity Zone, recognizing the area is encouraged for growth and development. There are limited areas within the NE Dade corridor that have been identified as such areas, highlighting the focus on desired redevelopment in this section. D. Floor Area Ratio ("FAR") Limitations Currently, the City of Aventura Comprehensive Plan limits FAR on the Property to 2.0. As the City of Aventura is aware, Brightline Station is under construction and is be located on Biscayne Boulevard and Dixie Highway to the south of the Property. Based on the specific focus within the City of Aventura's Comprehensive Plan for the redevelopment of this area, which focus has been in excess of two decades, the fact that the Property has been identified as an opportunity zone, and the proposed increase in transit and the cost and expense of redeveloping this area, including the need to re-align the intersection of Biscayne Boulevard, and, in order to create a proper gateway for this area, we propose that the potential development of the Property be increased to allow for both the increase of floor area ratio and to recognize the residential development currently provided for under the City of Aventura Land Development Regulations under the Medical Office District zoning category for property designated Business and Office. The requested changes are to provide the flexibility needed to create a developable area that will support a balanced mixed-use development of office, commercial, hotel, and residential uses supportive of redevelopment of the area. In that regard, our client proposes modifications to the text of the Comprehensive Plan and is simultaneously filing an application to amend the corresponding Land Development Regulations as delineated under that separate application. E. A. Modification to the City of Aventura Comprehensive Plan, Future Land Use Element. The Business and Office subsection of the City of Aventura Future Land Use Element is located on Page 12 of the Comprehensive Plan. In order to promote redevelopment of this historically bypassed area, we propose two specific revisions to this section. The first revision is to Paragraph 1 to provide a maximum limit on residential uses as a conditional use in the corresponding Medical Office zoned portions of the Business and Office designated areas. We I propose inserting a sentence within the first paragraph of the Business and Office designation as follows: Residential uses on properties zoned MO, Medical Office, under the City's Land Development Regulations, including contiguous Business and Office designated properties developed as part of an approved comprehensive development agreement, may be permitted as a conditional use at a maximum density of 57 dwelling units per gross acre, as more specifically provided in the City's land development regulations. MIAMI 8104874.1 85247/91087 DocuSign Envelope►D:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F Ms.Joanne Carr March,,2021 C3 Page 4 Bilzin Sumberg The second proposed modification to the Comprehensive Plan would be to Paragraph 3, of the Business and Office subsection on page 12 to provide for a maximum FAR of 2.49, as a conditional use. We are proposing two alternative ways to achieve this. One is to limit the additional intensity to developments that are required to dedicate a minimum of 35,000 square feet of land for public road construction purposes, and where the developer or owner would be constructing such road at the developer's or owner's expense. In the alternative, we propose the district language be modified to identify the specific area west of Biscayne Boulevard North of NE 214th Street, to provide for the maximum FAR of 2.49 as a conditional use. As noted above, development of the Property would require realignment, dedication and development of NE 214th Street, which will come at a very significant cost. NE 214 Street is an elongated road, stretching from Biscayne Boulevard to East Dixie Highway. The proposed change to the City of Aventura Comprehensive Plan is in recognition of the unique nature of this particular non-waterfront property, that has been long identified under the City Comprehensive Plan for redevelopment by providing the additional development incentives necessary to offset the cost of the roadway construction. The current text of the Comprehensive Plan provides: The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. We propose the text be modified either as: a. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. Notwithstanding the foregoing, developments that dedicate a minimum of 35,000 square feet of land for public road construction purposes as part of an overall development where the developer or owner provides for the construction of such road as part of the development at the developer's or owner's expense, shall be limited to a maximum floor area ratio of 2.49, subject to conditional use approval. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. MIAMI 8104874.1 85247/91087 DocuSign Envelope ID:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F Ms.Joanne Carr March 1,2021 Page 5 C� Bilzin Sumberg In the alternative, option b for amended language is: b. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. with the exception of development in the portion of the Hospital North area located between Biscayne Boulevard and East Dixie Highway, north of the intersection where NE 213th/NE 214th Street intersects Biscayne Boulevard, which shall be limited to a maximum floor area ratio of 2.49, subject to conditional use approval. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. F. Conclusion Based on the foregoing, and to implement the longstanding focus for redevelopment of this area specifically highlighted in the City of Aventura Comprehensive Plan, we respectfully request the City approve the proposed modifications set forth in this request. Thank you for your attention of the foregoing. Should you have any questions, please do not hesitate to contact me at(305)350-2351. Very truly yours, Brian S. Adler BSA/DPC/eah Attachments MIAMI 8104874.1 85247/91087 0 Q N ♦_ lil 0� �� r C h 1 i . 5 I � Z W M U � Kim 4, o Z 4L c v'U. Q ,. d H F--0 S F. O z W v I"� M W>N O 9W w ~ry ilia virF Qaz W a 1l�1III 3 — y��Ml{�� Sal gel Aventura District Development 21116 Proposed Zoning (2.49 FAR) Proposed ITE Land Use Number Daily AM Peak Hour PM Peak Hour Designation' of Units Site Vehicle Vehicle Trips Vehicle Trips Trips In Out Total In Out Total 40,108 SF East General Office Land Use Code: 710 17,500 SF Central 728 78 13 91 13 66 79 10,135 SF West 65,940 SF East Retail 78,090 SF Central 8,320 144 88 232 371 402 773 Land Use Code:820 17,240 SF West Multifamily Housing(High- 301,666 SF East Rise)693 Units 485,798 SF Central 2,942 50 157 207 149 95 244 Land Use Code:222 148,420 SF West Hotel 120 Rooms 77,000 SF East 928 32 22 54 33 31 64 Land Use Code:310 Assisted Living Facility(ALF) 120 Beds 97,420 SF Central 312 14 8 22 12 19 31 Land Use Code:254 Total Gross Trips 11,230 1 318 1 288 606 578 613 1 191 Internal Capture AM PM)- (5.6%,24.9%) -17 -17 -34 -148 -148 -296 Other Modes of Transportation 3 6.1% -18 -17 -35 -25 -28 -53 Retail Pass-by(PM)2 34% 0 0 0 -101 -101 -202 Net Proposed Zoning Trips 283 254 537 304 336 640 Existing Zoning (2.0 FAR) Daily AM Peak Hour PM Peak Hour Existing ITE Land Use Designation Number of Vehicle Vehicle Trips Vehicle Trips Units Trips In Out I Total In Out Total Medical Office 890,100 SF 34,110 1,219 344 F,563 845 2,174 3,019 Land Use Code: 720 Total Gross Trips 1 34,110 1,219 344 1 1,563 845 1 2,174 3,019 Other Modes of Trans ortation 6.1% -74 -21 -95 -52 1 -133 -185 Net Existing Zoning Trips 1,145 323 1,468 793 1 2,041 2,834 New External Trips AM Peak Hour PM Peak Hour Daily Vehicle Trips Vehicle Trips Vehicle Trips In Out Total In Out Total Proposed Zoning(2.49 FAR) 1 13,230 283 1 254 537 304 336 1 640 Existing Zoning 2.0 FAR 34,110 1.145 1 323 1 468 793 2 041 2 834 Difference -20,880 -862 -69 -931 -489 -1,705 -2,194 basea on 11 h t np ueneranon Hanat/ook,Jra La. tsasea on Ub census tract t.sq ana tocai cnatactensncs. BXRWIT CPA2103-0001 APPLICANT REPRESENTATIVE AFFIDAVIT �f1}y v'C�tl� Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship(i.e.Attorneys,Architects,Landscape I Architects,Engineers,Lobbyists,Etc.) Brian S.Adler,Esq. Attorney Bernardo Rieber Applicant Representative Bernardo Fort Architect Fidel Zabik Architect Maxine Lambert Architect Daniel Fortin,Jr. Surveyor/Engineer Juan Espinosa Traffic Engineer/Consultant Tim Plummer Traffic Engineer/Consultant (Attach Additional Sheets If Necessary) NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ZI DAY OF. 1'IAIZ t 2021. APPLICANT :BY Bernardo Ri STATE OF FLORIDA ) COUNTY OFMIAMI-DADE ) Before me the undersigned authority personally appeared Bernardo Rieber as the Manager of Aventura North Distrikt Developments, LLC, owner of a portion of the Property subject to the application,who being first by me duly sworn,0 did swear or affirm by 0 physical presence or 0 online notarization X and personally known to me or produced as identification,that they executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME this 29 day of March,2021, Not*eof orida At Large My commission expires:Sep 13,2022ot;".Y'ti: ANTONIETTA JURADO BLANCO PrinAntonietta Jurado Blanco �•. Notary Public-State of Florida Commission M GG 258592 My Comm.Expires Sep 13,zo2z MIAMI 74830603 85247/91087 Dunded through National Notary Assn, BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with')'applicable portions only) [ ]1. Aftiant does no have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [X ]2. AfSant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: Robert L ShelW (List name of Commissioner or Advisory Board Member)who serves on the City Commission (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner,cc-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venture with the Applicant or Representative in any business venture; []Ill. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (J v, The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,0N.00 of the business of the member of the City Commission or Board (or his or her employer)in a given calendar year; [X]vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OFF FCC .2021. APPLICA PRESENTATIVE: By: Signature) Name: Brian S. flier (Print) Tdie: Attomev (Print) STATE OF FLORIDA ) COUNTY OF MIAMI-DADE j Before me,the undersigned authority,personally appeared,Brian S.Adler the Affiant who being first by me du swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. Brian S.Adler SWORN TO AND SUBSCRIBED before me thisJ_day of.���e 21. C Notary Public Stalld J4,9 e iQ 4 Printed Name of Notary My commission expires: 4P....ZNV6 ELIZABETH ORTIZ • * CCmminlon/GG 277511 +�o A` ear.d nw December 17,2022 pire Mohr sovkes MIAMI 7503286.2 85247/91087 h ° BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(bK2)(11)of the City of Aventura Land Development Code. The undersigrted Affiant hereby discloses that. (mark with'x'applicable portions only) (XJ 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the appiication will be presented. ( )2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [)I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; [j ii. Member of City Commission or Board Is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; (]Ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [)iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [)v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; ()vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS M DAY OF nAw-ft 2021. APPLIC VNTATIVE: By. (Signature) By. (Srjnature) Namvllemardo Rieber (Print) Name: Maxine Lambert (Pr1ntJ Tit Applicant Representative (Print) Title: Architect (Prrntl 8Y (Signature) Name: Bernardo Fo1 (Print) rd* Arcftttect (Print) By. (Sfgneture) Name: Daniel Fordn.Jr. (Prim() Title: Survevod6udmeer (Print) PROPERTY OWNER: By (Signature) Name; Fidel Zablk fPrir�j Tide Apd*ad (Print) 'The terms Business Relationship,'°Client'"Customer,""Applicant,'`Representative'and'Interested Pierson'are defined in Section 2-395 of the Aventurs City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MW -DADE) Before me,the undersigned authority,personally appeared Berurdo Rlaber,the Affianl,who being first by me duly swom,did swear or affirm that he/she executed this Affldevit for the purposes stated therein and that it Is true and correct. A9111AT SWORN TO AND SUBSCRIBED before me this Q day cf nAQUt ,202 . �W.�ralr �i►�. ANC tETTA JURADO BLANCOJ,. Fbri��. �'. Not Public•State of Florida N i Commission 0 GG 258592 My Comm.Expires Sep 13,2022 Printed Name of Notary Bonded through National Notary Assn. My cornmiaeion expires:j P Eb,,2--yy����4�' STATE OF FLORIDA ) COUNTY OF MIANZADE) Before me,the undersigned authority,personally appeared Bernardo Fart, the Afilant,who being first by me duly swom,did swear or affirm that harshe executed this Affidavit for the purposes stated therein and that it Is true and car,ecL AFFIANT SWORN TO AND SUBSCRIBED before me this_day of _ .2021, Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MWM MADE) Before me,the undersigned authority,personally appeared Fidel Zabik, the Affiant,who being first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated Bnereirn and that ft is inns and convot AFFIANT SWORN TOAND SUBSCRIBED before metlib—day of .2021• Notary Public State of Fonda At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DARE) Before me,the undersigned authority,personally appeared Maine LambeR, the Afflant,who being first by me duty swan,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and owed AFFIANT SWORN TO AND SUBSCRIBED before me this_„day of .2021. Notary Public State of Florida At Large Printed Nerne of Notary MIAMI 7483925.3 85247/91087 2 0 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2yii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with Y applicable portions only) [X]4. Affiant does=have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [J 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: HI Member of City Commission or Board holds an ownership Interest in excess of 1%of total assets or capital stock of Applicant or Representative; [J It. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or ON venturer with the Applicant or Representative in any business venture; (]Ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professbnal working from the same office or for the same employer as the member of the City Ccmm;esicn or Board; (]iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (J v. The Applicant or Representative is a Customer of the member of the City Commission or Board(oar of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative In a given calendar year. WITNESS MY HAND THIS DAY OF 2021. APPLICANT REPRESENTATIVE: BY— BY rs~) Narwe: Bernardo Rieber (Ah>y Name: Mmft LM tbert (Print) Title: Aodicant Rewasenildve (Print) Title: Ard tted (Pa1rM) BY Signature) Nwne:_ (P. 0 Title: (Print) BY __.,. 4 (Signature) N Daniel Fortin.Jr. (Print) Tit . Surveyor/Enaineer (Print) PROPERTY OWNER: BY, rswStura) Now. Fldd Zabik rPHrat) Tttt: Anclftct (Pr1W) 'The terms Business Relationship,''Client,'"Customer,"Applicant,"Representative'and`Interested Person'are defined In Sedion 2-395 of the Aventure City Code, MIAMI 7483925.3 95247/91087 STATE OF FLORIDA ) f` COUNTY OF MIAMI-DADS) Beka me,the undersigned authority,peraorially appeamd Rarriel Fortin.Jr., the Aftnt,who first iby — m,did or affirm that he/she executed this Affidavit for the purposes stated therein and that k is We and coned. L AFFIANT SWORN TO AND S '202 L . NCOV t40ao titw of FkxidaSuw P.Key IL My Car,,,ni. 6p o7pp4a M�uy Pubk of F�AtLo" �4 ExVM ONOeR0224 r > a� Printed Name of Nary „i �,/ My commission expiros: O V 0 r WITNESS MY HAND THIS DAY OF ,2021 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By: (Sipn9m) By fSi�aturs) Name: Bemardc Bieber (Print) Name: Friel Zabik (PrNft) Title: Auftrized ReDresentobve (Print) True: Architect (Print) By. By. lSigflaflme) Name: K (Print) Name: Maxine Lambert (Print) Title: nt) Title: Architect (Print) B ' 0,4 __. gnature) BY (Sur+e) ZName: Daniel Fortkl.Jr. (Prink Name: fPrayff) Title: Surveyor i Engineer (Print) Title: fPdnt) By, !ft rdt") By: ( ►'e) Name: (P" Name: fPrmtl Title: !Print) Title: lPrrnt) ay: !Signature) By, rSigrure) Name: lP*o Name: (Pit Tkle ff Title: fPt�irtt) Br fsignalue) By: signat'ra►e) Name: IA" Name: lPnht) Title Part) Title' fPftitt) NOTE: 1) Use duplicate sheets if disclosure Information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec, 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the applicaticn by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 7483925.3 85247/91087 3 �R BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Cale. The undersigned Affiant hereby discloses that: (mark with"x"applicable portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ 12. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (]v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 12021. APPLICANT REPRESENTATIVE: By: (Signature) By: ! _ (Signature) Name: Bernardo Rieber (Print) Na Maxine Lambert (Print) Title: A.-plicantRepresentative (Prat) Title: Architect (Print) By: ��Sigrrafura) Name r ort Prirttj Title: Archi (Print) By: (Signature) Name. Daniel Fortin.Jr. (Print) Title: Surveyor/Engineer (Print) l PROPERTY 0 NER. By (Signature) Nam : i I ik Printj Title:! Arch' (Print) *The t MIS "Business Relationship,""Client,""Customer,""Applicant,""Representative"and"Interested Person"are defined in Seca n 2-395 of the Aventura City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personalty appeared BemaMo Riaber,the Affiant,who being first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it Is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this^day of .2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires, STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) 00 Before me,the undersigned authority,personally appeared Bernerdo Fart the Afflant being first by me d ly away iAd s r or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AF 4940 SWORN TO AND SUBSCRIBED before me thday of. _,2021. de f MONtCA DELMONTEFloridalloa¢ry Pubic S of bride qt l,drga i!\ # Notary public•State of F /Wdru� iNtlplr117�G Commssion a HH 46669 Prod Name of Notary ors My Comm.Expires Sep V.IOZ4 my commission expirm m�Banded throush National Notary Assn, STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Fidel Zablk, the Aifient,who berg first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. 1- AF SWORN TO AND SUBSCRIBED before me fides dry Gel 2021. "'t• MONICA DELMONTE Nogyy Pubtic ytof)lorida A Lame N Notary public.State of Florida .. M Commission a HH 46669 Printed Name of Notary y Comm.Expires Sep 27.2024 My commission expires:1� "8onded throush National Notary Assn. STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me,the undersigned authority,personally appeared Maxine Lambert, the Affiant,who being first by me duly swom,did swear or affirm that he/she exearted this Affidavit for the purposes stated therein and that it Is true and corrwL SWORN TO AND bebre me tt4_1 dayof, '2021. `•MONICA DELMONTE Notggr Public t pride At ar e Notary public•State of Florida f-1 Commission N HH 46669 Printed Norse of Notary „ ry My Comm.Expires Sep 27,2024 My cxxnmission exp . %+ 2 Bonded throush National Notary Assn. MIAMI 7483925.3 85247/91087 aBUSINESS RELATIONSHIP AFFIDAVIT'S This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x"applicable portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner, co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 2021. APPLICANT REPRESENTATIVE: By: (Signature) By: (Signature) Name: Bernardo Rieber (Print) Name: Maxine Lambert (Print) Title: Applicant Representative (Print) Title: Architect (Print) By: Signature) By: /ve;_ {Signature) Name: Bernardo Fort (Print) Name: Juan inosa {Print) Title: Architect (Print) Title: Traffi - in nsultant (Print) By: (Signature) By: (Signature) Name: Daniel Fortin Jr, (Print) Name: Tim iu (Print) Title: SurveyorlEngineer (Print) Titife: Tra ineerlConsultant (Print) PROPERTY OWNER: By (Signature) Name: Fidel Zabik (Print) Title: Architect (Print) *The terms"Business Relationship,""Client,""Customer,""Applicant,""Representative"and'Interested Person"are defined in Section 2-395 of the Aventura City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Bernardo Rieber, the Affiant,who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Bernardo Fort, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Fidel Zabik, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority, personally appeared Maxine Lambert, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: N11ANII 7483925.3 85247/91087 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority, personally appeared Daniel Fortin Jr., the Affiant,who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes slated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Juan, the Affiant,who being.it by me duly worn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFy ANT SWORN TO AND SUBSCRIBED before me this day of �'B. ,2021. a ublic 5 of i t ".'!!t� SUSAN M KILLMEYER MY COMMISSION N GG 919821 Printed Name of Notary 'o EXPIRES:Octoier 14,2023 My commission expires: ?`ti►*t•.�' laon W Thru Notary Public Undemillers STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Tim Plummer, the Affiant,who b my worn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. '�7]pp AFFIA T SWORN TO AND SUBSCRIBED before me this day of / .__.,2021. ___ got j—, . 46 P bli e of } J,it ar. ew Printed Name of Notary My commission expires: SUSAN M KILLMEYER :* MY COMMISSION 0 GG 919821 EXPIRES:October 14,2023 Iiorrded Thru Notary Public LhrderNt w oiwimiisiaiimm MIAMI 7483925.3 85247/91087 3 WITNESS MY HAND THIS DAY OF 2021 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: (Signature) By: (Signature) Name: Bernardo Rieber (Print) Name: Fidel Zabik (Print) Title: Authorized Representative (Print) Title: Architect (Print) By: (Signature) By: (Signature) Name: Bernardo Fort (Print) Name: Maxine Lambert (Print) Title: Architect (Print) Title: Architec (Print) By: (Signature) By: (Signature) Name: Daniel Fortin,Jr. (Print) Name: Juan Espinosa (Print) Title: Surve i er (Print) Title: Traffic Engineer/Consultant (Print) By: (Signature) By: (Signature) Name: Tim Pi er (Print) Name: (Print) Title: Traffic E ineer/Consultant (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 7483925.3 85247191097 4 ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.1 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ADD TO THE BUSINESS AND OFFICE LAND USE CATEGORY, RESIDENTIAL USES IN THE MO, MEDICAL OFFICE DISTRICT, ZONING CATEGORY AND CONTIGUOUS BUSINESS AND OFFICE DESIGNATED LANDS AND PERMIT AN INCREASED FLOOR AREA RATIO FOR DEVELOPMENTS THAT DEDICATE CERTAIN LANDS TO THE CITY FOR PUBLIC ROAD PURPOSES AND CONSTRUCT THE ROAD AT THE OWNER'S OR DEVELOPER'S EXPENSE, BOTH SUBJECT TO CONDITONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in December 2014; and WHEREAS, the applicant, Aventura North Distrikt Developments LLC, through Application No. CPA2103-0001, has made application to the City of Aventura to amend Policy 2.1, Objective 2 of the Land Use Goal in the Future Land Use Element of the Plan to add to (1) the Business and Office land use category, residential uses in the MO, Medical Office District, zoning category and contiguous Business and Office designated lands developed as part of an approved development agreement and (2) permit an increased floor area for developments that dedicate certain lands to the City of Aventura ("City") for public road purposes and construct the road at the owner's or developer's expense, both subject to conditional use approval; and WHEREAS, the applicant, through Application No. LDR2103-0001, has made concurrent application to the City to amend Section 31-144(a) and (f) of the City's Land Development Regulations to allow increased density and floor area ratio to implement the above described amendments to the Plan, which application is contingent upon the plan amendment transmitted becoming effective; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission believes it is in the best interest of the public to amend Policy 2.1 of Objective 2 of the Land Use Goal in the Future Land Use Element to (1) add residential use in the MO, Medical Office District, zoning category and contiguous Business and Office designated lands developed as part of an approved development City of Aventura Ordinance No. 2021- agreement and (2) permit an increased floor area for developments that dedicate certain lands to the City for public road purposes and construct the road at the owner's or developer's expense, both subject to conditional use approval; and WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Amendment to the Comprehensive Plan. That Objective 2, Policy 2.1 of the Land Use Goal in the Future Land Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows': "FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. OBJECTIVE 2 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 2.1 The Future Land Use map shall identify all residential land as one of the following Residential Land Use Categories: Business and Office This category accommodates the full range of sales and service activities. Included are retail, wholesale, personal and professional services, commercial and professional Underlined text indicates additions. Stricken-through text indicates deletions. Page 2 of 5 City of Aventura Ordinance No. 2021- offices, hotels, motels, hospitals, medical buildings, nursing homes, entertainment and cultural facilities, amusements and commercial recreation establishments. However, private commercial marinas may only be permitted as a conditional use as contained within the land development regulations. Residential uses on properties zoned MO. Medical Office District, under the City's Land Development Regulations and contiguous Business and Office designated properties developed as part of an approved development agreement, may be permitted subject to conditional use approval. These uses may occur in self-contained centers, high-rise structures, campus parks, Town Centers or in nodes defined by the intersection of two arterial roadways or the intersection of an arterial and a local or collector street. Additionally, the Metropolitan Urban Center (MUC) designation as described and adopted within the Miami-Dade Comprehensive Master Development Plan may be applied as an overlay within this land use category. The specific range and intensity of uses appropriate in a particular Business and Office property is dependent on the particular land use, design, urban services, transportation, environmental and social conditions on and around the subject parcel at the time of approval including consideration of applicable goals, objectives and policies, and the provisions of applicable land development regulations which serve to implement the comprehensive plan. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. Notwithstanding the foregoing, developments that dedicate a minimum of 35,000 square feet of land for public road construction purposes as part of an overall development and construct the public road at the owner's or developer's expense, shall have a maximum allowable floor area ratio of 2.49, subject to conditional use approval. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of 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. Condition. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or Page 3 of 5 City of Aventura Ordinance No. 2021- undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 5. Inclusion in the Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura. Section 6. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Economic Opportunity and to all review agencies required by Section 163.3184 of the Florida Statutes. Section 7. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or development dependent on this amendment may be issued or commence before it has become effective. 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 4 of 5 City of Aventura Ordinance No. 2021- PASSED on first reading on this 6t" day of April, 2021. PASSED AND ADOPTED on this 1st day of June, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson (92� City Manager DATE: April 2, 2021 J-&W SUBJECT: Application by Aventura North Distrikt Developments LLC for Amendment to Section 31-144(a) and (0, Medical Office (MO) District of the City's Land Development Regulations to Permit Multifamily Residential Uses with a Maximum Density of 57 Dwelling Units per Acre and a Maximum Floor Area Ratio of 2.49 for Developments that Dedicate Land for Public Road Purposes and Construct the Road at the Owner's or Developer's Expense, both Subject to Conditional Use Approval City Case File No. LDR2103-0001 April 6, 2021 Local Planning Agency Meeting Agenda Item 4C April 6, 2021 City Commission Meeting Agenda Item 7B June 1, 2021 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment to Section 31-144(a) and (f), Medical Office (MO) District of the City's Land Development Regulations ("LDRs") to permit multifamily residential uses with a maximum density of 57 dwelling units per acre and a maximum floor area ratio of 2.49 for developments that dedicate land for public road purposes and construct the road at the owner's or developer's expense, both subject to conditional use approval, upon the condition that the concurrent application for amendment to Policy 2.1 of the Future Land Use Element of the City of Aventura Comprehensive Plan, as transmitted under Section 163.3184 of the Florida Statutes, becomes effective. THE REQUEST The applicant,Aventura North Distrikt Developments LLC, is requesting an amendment to the Medical Office (MO) District zoning regulations in the City's LDRs to allow multifamily residential uses and increased floor area ratio for developments that dedicate land for public road purposes and construct the road at the owner's or developer's expense, both subject to conditional use approval. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. 1 BACKGROUND The applicant has proposed a mixed-use project on property lying between Biscayne Boulevard and East Dixie Highway, north of the intersection of NE 213/214 Street to the north City limit. The proposed project is a combination of multifamily residential/hotel/office/retail and an assisted living facility uses within 12.50 acres of land. A rendering of the development is attached as Exhibit #2 to this staff report. The applicant is requesting increased density and increased intensity for this project. Approval of an amendment to the Medical Office (MO) District zoning category in the LDRs is required to attain those increases. The proposed LDR language allows the requested increase in number of dwelling units and floor area ratio on the conditions that- (1) a minimum of 35,000 square feet of land is dedicated to the City for public road purposes; and (2) the owner or developer constructs the road at its expense; and (3) the development permit be obtained within 24 months of the date of conditional use approval, similar to other previously approved amendments to the Medical Office zoning district. The proposal also requires an amendment to the Business and Office Land Use Category in the Future Land Use Element of the City's Comprehensive Plan. The applicant has submitted its application for amendment to the text of the Comprehensive Plan. That application will be heard concurrently with this application for amendment to the Land Development Regulations. Section 163.3184 provides that zoning changes required to properly enact any proposed plan amendment may be considered concurrently, but are contingent upon the comprehensive plan amendment transmitted becoming effective. If the proposed amendments to the Comprehensive Plan and Land Development Regulations are approved, the next steps in the development process will be submission and review of a master site plan and development agreement which will be presented to the City Commission at a public hearing. The developer anticipates construction in three phases. A separate site plan will be reviewed for each phase and once all review comments are addressed, an application for conditional use approval will be presented to the City Commission at a public hearing. THE PROPOSED AMENDMENTS' CHAPTER 31 — LAND DEVELOPMENT REGULATIONS ARTICLE II. ® USE REGULATIONS Sec. 1-1 . — Business Zoning Districts. Underlined text indicates insertions. Stricken-through text indicates deletions. 2 (a) Purpose. These business districts are intended to provide for commercial development in conformance with the Comprehensive Plan and provide for a variety of zoning districts to accommodate the City's business and commerce needs. These zoning districts may be applied to land designated Business and Office and Industrial and Office on the City's Future Land Use Map, however, the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office and Industrial and Office category permitted uses. Development and/or redevelopment of a parcel in the Business Zoning Districts shall be subject to the site development standards set out in the zoning districts of this section. The floor area ratio permitted in Business Zoning Districts shall not exceed the maximum of 2.0, with the exception of_certain portions of the Medical Office (MO) District in which floor area ratio shall not exceed a maximum--of--2.49- as set out in the Business and Office Future Land Use Category in the City's Comprehensive Plan. (f) Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital. This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses. (2) Conditional use. The following uses if first approved as a conditional use: a. Business-related schools. b. Except as forth under subsection r. belo_wmMulti-family residential uses with a maximum density of 35 dwelling units per gross acre and with a minimum lot area of between 1 .0 to 1.5 acres, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. r. For developments that dedicate a minimum of 35,000 square feet of land to the City for public road purposes and construct the road at the owner's or developer's expense, increased floor area ratio not to exceed 2.49 and increased density not to exceed 57 dwelling units per acre, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. If the site plan approval provides for phasing of the development in two or more phases, the phasing provisions of Section 31-79(i) of this Chapter shall apply after the 24 month period provided in this Section. 3 ANALYSIS Staff provides the following analysis of the request using the standards for reviewing proposed amendments to the text of the Land Development Regulations contained in Section 31-77(g) of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to be consistent with the proposed Comprehensive Plan text amendment and to implement the requested revision to the Land Development Regulations. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan as it will facilitate the type of combined residential and commercial development contemplated by the proposed amendment to the Business and Office land use designation in the Future Land Use Element of the City's Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City, for the reason provided in Paragraph 3 above. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for regulation and a process by which to approve development or redevelopment of a property within the Medical Office District. 4 DocuSign Envelope ID:BD6B78BD-3FFA-4AB5-4576A94EDFB93 14" C4 Bilzin Sumberg Brian S.Adler,Esq. 305.350.2351 305.351.2206 badler(ftilzin.com March 1, 2021 Ms. Joanne Carr City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Request Amendments to Sections 31-144(a) and (f), MO District Land Development Regulations Dear Ms. Carr: Please consider this our request on behalf of our client, Aventura North Distrikt Developments, LLC ("Aventura North") in connection with an application to amend Sections 31- 144(a) and (f) of the City of Aventura Land Development Regulations of the City of Aventura Medical Office ("MO")Zoning District. A. The Provertv The property is currently owned by Aventura Dixie LLC and Jasmin Investments LLC and consists of approximately 12.50 acres located between the intersection of where NE 213th Street crosses Biscayne Boulevard to the West (which is anticipated to become the new realigned Northeast 214 Street) and along NE 214th Street, extending north to the county line/northern City limits, and between Biscayne Boulevard and East Dixie Highway (the "Property").This area remains one of the last development parcels within the City of Aventura and has been an area of focus for redevelopment for over 20 years. Simultaneous with this application to amend the land development regulations, our client is submitting an application to amend the text of the City of Aventura Comprehensive Plan to increase the maximum Floor Area Ratio form 2.0 to 2.49 based on limited circumstances. The letter accompanying the amendment to the Comprehensive Plan is incorporated into this application by reference. B. Modification to City of Aventura Land Development Regulations Medical Office ("MO") District. To implement the Comprehensive Plan policies outlined in the companion application to amend the text of the Comprehensive Plan, we propose modifications to Section 31-144(a) and (f) of the "MO", Medical Office District. Specifically, we propose to reflect the potential to increase the FAR to 2.49 in subsection (a) and the creation of section 31-144(f)(2)(r), which would only apply to developments dedicating a minimum of 35,000 square of public roads for Bilzin Sumberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-345r Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID:BD6B78BD-3FFA-4AB5- -576A94EDFB93 ,. Ms.Joanne Carr March 1,2021 Page 2 C-4 Bilzin Sumberg construction purposes, where the owner or developer will construct the road, to allow for increase intensity, including an increased FAR ratio of 2.49, and an increased density not to exceed 57 dwelling units per acre. In order to promote the incorporation of retail, hotel, and office development within the area, the requested increase in residential density is needed to bring the core residences within walking distance or close proximate to the other uses within this area, such that it can attract uses such as a grocery stores and hotels and additional office uses, while providing housing within walking distance for the established medical uses to the south. The exiting medical facilities have extensive staff could benefit by nearby housing within walking distance to the existing and future office and service uses within the area. The increased density will allow potential residents to avail themselves of the proposed convenient residences while attracting the other companion types of uses, such as the office, retail, etc. Attached to this letter is an exhibit reflecting the proposed modifications to the Code. C. Proposed Development As part of this request we are attaching a representative plan of what our client would be seeking, which includes structures of varying height up to a maximum of 20 stories, with an FAR of 2.49 and 57 dwelling units per acre. The plan also reflects the anticipated realignment of the dedicated and vacated rights of way in order to realign the entrance to the area from Biscayne Boulevard to East Dixie Highway and to close portions of NE 214th Terrace and NE 29th Court to allow for NE 214th Street to serve as the main east-west roadway. D. Conclusion Based on the foregoing, and to implement the remaining focus area for redevelopment as specifically highlighted in the City of Aventura comprehensive plan that has existed for over twenty (20) years, we respectfully request the City approve the proposed modifications set forth in this request. Thank you for your attention of the foregoing. Should you have any questions, please do not hesitate to contact me at(305) 350-2351. Very truly yours, 15ViaJA. S, Qd.V Brian S. Adler BSA/DPC/eah Attachments MIAMI 8104875.1 85247/91087 DocuSign Envelope ID:BD6B78BD-3FFA-4AB5-9 76A94EDFB93 Ms.Joanne Carr 1 March e CO 2021 Page 3 Bilzin Sumberg P Sec. 31-144. - Business Zoning Districts. (a) Purpose. These business districts are intended to provide for commercial development in conformance with the Comprehensive Plan and provide for a variety of zoning districts to accommodate the City's business and commerce needs. These zoning districts may be applied to land designated Business and Office and Industrial and Office on the City's Future Land Use Map, however, the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office and Industrial and Office category permitted uses. Development and/or redevelopment of a parcel in the Business Zoning Districts shall be subject to the site development standards set out in the zoning districts of this section. The floor area ratio permitted in Business Zoning Districts shall not exceed the maximum of 2.0.with the exception of certain portions of the Medical Office district.which FAR shall not exceed the maximum of 2.49, as set out in the Business and Office Future Land Use Category in the City's Comprehensive Plan. (f) Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital.This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses. (2) Conditional use. The following uses if first approved as a conditional use: a. Business-related schools. b. Except as set forth under subsection (r) below, multi-family residential uses with a maximum density of 35 dwelling units per gross acre and with a minimum lot area of between 1.0 to 1.5 acres, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. r. For developments that dedicate to the City a minimum of 35,000 square feet for public road construction purposes and construct the road at the developer's expense, increased FAR not to exceed 2.49 and increased density not to exceed 57 dwelling units per acre, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. If the site plan approval provides for phasing of the development in two (2) or more phases, the phasing provisions of Section 31-79(i) shall apply after the twenty-four (24) month period provided in this Section. MIAMI 8104875.1 85247/91087 O � � .f § /f � \ \ . . o Ar U oil . .� @ R ! � § cl)ZZ 22 § ■|...�,; � M O §Q$, zw§ >w� 12aflf� «c z !�!||�| ` �'. i `■ g■eil � [ �� ,U ` — H| ��! n • ] � | N ■gHE � � |. | ■||| ; ) �.| , ^ §�| ■ || .|.|, '| ■ �|§||||■ APPLICANT REPRESENTATIVE AFFIDAVIT �f1}y v'C�tl� Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship(i.e.Attorneys,Architects,Landscape I Architects,Engineers,Lobbyists,Etc.) Brian S.Adler,Esq. Attorney Bernardo Rieber Applicant Representative Bernardo Fort Architect Fidel Zabik Architect Maxine Lambert Architect Daniel Fortin,Jr. Surveyor/Engineer Juan Espinosa Traffic Engineer/Consultant Tim Plummer Traffic Engineer/Consultant (Attach Additional Sheets If Necessary) NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ZI DAY OF. 1'IAIZ t 2021. APPLICANT :BY Bernardo Ri STATE OF FLORIDA ) COUNTY OFMIAMI-DADE ) Before me the undersigned authority personally appeared Bernardo Rieber as the Manager of Aventura North Distrikt Developments, LLC, owner of a portion of the Property subject to the application,who being first by me duly sworn,0 did swear or affirm by 0 physical presence or 0 online notarization X and personally known to me or produced as identification,that they executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME this 29 day of March,2021, Not*eof orida At Large My commission expires:Sep 13,2022ot;".Y'ti: ANTONIETTA JURADO BLANCO PrinAntonietta Jurado Blanco �•. Notary Public-State of Florida Commission M GG 258592 My Comm.Expires Sep 13,zo2z MIAMI 74830603 85247/91087 Dunded through National Notary Assn, e_ x, BUSINESS RELATIONSHIP AFFIDAVIT* a al oJPa<l This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with Y applicable portions only) [ ]1. Affiant does_U have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [X 12. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: Robert L Shelley (List name of Commissioner or Advisory Board Member)who serves on the City Commission (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; (]ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venture with the Applicant or Representative in any business venture; [)III. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []V. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board (or his or her employer)in a given calendar year; (X]vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF lC h 2021. APPLICA PRESENTATIVE: By: (signature) Name: Brian S, dler (Print) Tdle: Adw*v (Print) STATE OF FLORIDA ) COUNTY OF MIAMI-DADE } Before me,the undersigned authority,personally appeared,Brian S.Adler the Affiant,who being first by me du sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct Brian S.Adler SWORN TO AND SUBSCRIBED before me this day of�21. Notary Public S f ~t-,v re/A 4 Printed Name of Notary My commission explree: ELIZABETHORTIZ • * Commisslon#GG 211511 ~�oFA�P�e Expires a1IMdmM1e11�yrblyleMY101t MIAMI 7503286.2 85247/91087 raa+' � BUSINESS RELATIONSHIP AFFIDAVIT* �'41 N This Aft!davih is made pursuant to Section 31-71(b)(2Kii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with'x*applicable portions only) [Xj f. Affiant does=have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [j 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: HI, Member of City Commission or Board holds an ownership Interest in excess of 1%of total assets or capital stock of Applicant or Representative; (J li. Member of City Commission or Board is a partner,co-sharehoW(as to shares of a corporal.bn which+are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Rep mnlebve in any business venture; (j IN. The Applicant or Representative is a Client of a member of the City Commission or Board or a Cllen(of another professional working from the same office or for the same employer as the member of the City Commission or Board; [J iv. A City Commissioner or Board member is a Ghent of the Applicant or Representative; (j v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her empk)yer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; [j vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative In a given calendar year. WITNESS MY HAND THIS DAY OF 2021. APPLICANT REPRESENTATIVE: iSlgnsturs) BY (Signature) Norm Bernardo Rieber (Pr" Name: Maxine Lambert (Prhrt) Title; Aodimit Representative (Prhrt) Title: Ardfact (Print) By. _, lSignature) Nerve; F ---2" (Print) TTtle: (Print) 8y. �`�� (Signature) N Daniel Fortin.Jr. (Print) rd.- SurveY4r/Erlgrneer (Print) PROPERTY OWNER: BY lSighnature) Nwft, F WZahik 1Pnhf) Title- Archhod (Prlyd) 'The terms'Business Relationship,'"Client,"Customer,*'Applicant,"Representative'and`Interested Person"are defined in Section 2-395 of the Aventura City Code, I IMIAMI 7483925.3 85247/91087 STATE OF FLORIDA I COUNTY OF MIAMI DADS) Before me,the undersigned autho .personalty appeared Daniel Fortin.Jr., the Aplant,who tUstby rtis3L� m,did or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and coned AFFIANT d . SWORN TO AND S kld 2021, r� Notary Pubic suit ar Flood. suaan P.ic.y . 4 My Commissim GG t♦7DW hlg�8ry Public of F7Vy—io�—Jej Law .. EMirm osuoer=4 Prirtlad Ntuna of NoMryMy abnexpkaa: r WITNESS MY HAND THIS DAY OF 2021 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By. (signstrae) BY (S[pnature) Name: Bernardo Reber (Print) Name: Fides Zabik (Prfrrt) Tide:`6,uthorlud Representative (Print) Title: Archited (Print) 8Y isJgr m") By: ondurs) Name: (Print) Name: Maxine Lambert (Print) Title: chitect ( rintJ Title: Architect (Print) y B 9nature) BY (S+910m) /Name: Daniel Fortin.Jr. (Print) Name: (R►" L'Title: SuDgyM!�ng(nffiL_ {Print) Title: (Arirrt) BY (W@t") By- Name: (Prhrt} Name: fPW) Title' Title: lP►►urrt) BY (Sign0m) By: tSignetureJ Name: —JAW) Name: (Print) Tide (P►fitt) Tide: (Prir1� By: oriafure) By: (Signmata) Name: (P" Name: (F tt) Tide (mi) Tde' P" NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 7493925.3 85247/91097 3 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31.71(b)(2)(ii)of the City of Aventura Land Development Code. The underaigned Affiarh hereby discloses that: (mark wfth'x"applicable portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. ( 12. Affiant hereby discloses that It does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: 011.1. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year, []A. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF� _ ,2021. APPLICANT REPRESENTATIVE: By: (Signature) By: (Signature) Name: Bernardo Rleber (Print) Namil.1 Maxine Lambert (Print) Tide: Aoolicant Representative {Print) Title: Architect (Print) By _1SignaturaJ Na Port (Prrrtr) Titre: Arahi (Print) By: ! ) Name: ' 1 Eg!%Jr. -(fit) rrtle: SurvevorlEnarreer (Pry I PROPERTY 0 NER: By (Signature) Name: 1 1 k Print) Tide: h' (Print) *The rms'Business Relationship,"Client,'`Customer,*'Appikant,""Representative"and"Interested Person"are defined in Seal n 2-395 of the Aventura City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA } COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Beffwdo R the Af lant,who being first by me duly swum,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it Is true and cored. AFr"IAN? SWORN TO AND SUBSCRIBED before me this—day of .2021. Notary Public State of Florida Al Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared BerneWo Fat the Affian6 being first by me d ly swom ss+ r or ar�� ffirm that ttels�ph exeabed this Affidavit for the purposes stated therein and that R is true and correct. `��e— AF SWORN TO AND SUBSCRIBED before me thdey of ,2021. MONICA DELMONTE N�@�Y Pubfic S of lorida t rge .I Notary Public-State of Florida MCrM, I f Commission I HH 46669 Prlrtlod Name of No" •,a„,� My Comm.Expires Sep 27,2024 My ow mis"a �{� Bonded throu;h National Notary Assn. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Fidel iabik, the Affient,who be first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFF SWORN TO AND SUBSCRIBED before me fte—dry l A ,2021. .....'w MONICA DELMONTE No Pubic jgof Florloa A�Lar�e 1 Notary Public-State of Florida 23GjY1ROMt M Commis "0 HN 46669 Printed Name of Notary y Comm.Expires sop 27,2024 My commission expires:g Bonded throuOh National Notary Assn. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Maxine Lambert, the Af lant,who being first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that It is true and correct _, } n� AFFOW ._����1 r SWORN TO AND SLMSCRKD b*m me»day of.,A"_,2021. `• MONICA DELMONTE NOW Public Statergl Florida At arge )i Notary public-State of Florida� prNt lh ]/d Vf Commission N HH 46669 Printed Name of Notary r4. My Comm.Expires Sep 27,2024 My COrtenlealOm expbes Z� Z Bonded through National Notary Assn, MIAMI 7483925.3 85247/91087 aBUSINESS RELATIONSHIP AFFIDAVIT'S This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x"applicable portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner, co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 2021. APPLICANT REPRESENTATIVE: By: (Signature) By: (Signature) Name: Bernardo Rieber (Print) Name: Maxine Lambert (Print) Title: Applicant Representative (Print) Title: Architect (Print) By: Signature) By: /ve;_ {Signature) Name: Bernardo Fort (Print) Name: Juan inosa {Print) Title: Architect (Print) Title: Traffi - in nsultant (Print) By: (Signature) By: (Signature) Name: Daniel Fortin Jr, (Print) Name: Tim iu (Print) Title: SurveyorlEngineer (Print) Titife: Tra ineerlConsultant (Print) PROPERTY OWNER: By (Signature) Name: Fidel Zabik (Print) Title: Architect (Print) *The terms"Business Relationship,""Client,""Customer,""Applicant,""Representative"and'Interested Person"are defined in Section 2-395 of the Aventura City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Bernardo Rieber, the Affiant,who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Bernardo Fort, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Fidel Zabik, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority, personally appeared Maxine Lambert, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: N11ANII 7483925.3 85247/91087 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority, personally appeared Daniel Fortin Jr., the Affiant,who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes slated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Juan, the Affiant,who being.it by me duly worn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFy ANT SWORN TO AND SUBSCRIBED before me this day of �'B. ,2021. a ublic 5 of i t ".'!!t� SUSAN M KILLMEYER MY COMMISSION N GG 919821 Printed Name of Notary 'o EXPIRES:Octoier 14,2023 My commission expires: ?`ti►*t•.�' laon W Thru Notary Public Undemillers STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Tim Plummer, the Affiant,who b my worn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. '�7]pp AFFIA T SWORN TO AND SUBSCRIBED before me this day of / .__.,2021. ___ got j—, . 46 P bli e of } J,it ar. ew Printed Name of Notary My commission expires: SUSAN M KILLMEYER :* MY COMMISSION 0 GG 919821 EXPIRES:October 14,2023 Iiorrded Thru Notary Public LhrderNt w oiwimiisiaiimm MIAMI 7483925.3 85247/91087 3 WITNESS MY HAND THIS DAY OF 2021 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: (Signature) By: (Signature) Name: Bernardo Rieber (Print) Name: Fidel Zabik (Print) Title: Authorized Representative (Print) Title: Architect (Print) By: (Signature) By: (Signature) Name: Bernardo Fort (Print) Name: Maxine Lambert (Print) Title: Architect (Print) Title: Architec (Print) By: (Signature) By: (Signature) Name: Daniel Fortin,Jr. (Print) Name: Juan Espinosa (Print) Title: Surve i er (Print) Title: Traffic Engineer/Consultant (Print) By: (Signature) By: (Signature) Name: Tim Pi er (Print) Name: (Print) Title: Traffic E ineer/Consultant (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 7483925.3 85247191097 4 ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-144, "BUSINESS ZONING DISTRICTS", SUBSECTION (a), "PURPOSE", AND SECTION 31-144, SUBSECTION (f), "MEDICAL OFFICE (MO) DISTRICT", TO ALLOW MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 57 DWELLING UNITS PER ACRE AND A MAXIMUM OF 2.49 FLOOR AREA RATIO FOR DEVELOPMENTS THAT DEDICATE LAND TO THE CITY FOR PUBLIC ROAD PURPOSES AND CONSTRUCT THE ROAD AT THE OWNER'S OR DEVELOPER'S EXPENSE, SUBJECT TO CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Aventura North Distrikt Developments LLC, through Application No. LDR2103-0001, is requesting an amendment to Section 31-144(a) "Business Zoning Districts" and Section 31-144(f), "Medical Office (MO) District" of Chapter 31, "Land Development Regulations" (the "LDRs") of the Code of Ordinances ("City Code") to allow multifamily residential uses with a maximum density of 57 dwelling units per acre and a maximum floor area ratio of 2.49 for developments that dedicate land to the City for public road purposes and construct the road at the owner's or developer's expense; and WHEREAS, the City Commission finds that the proposed amendment to Section 31-144 of the City Code to allow multifamily residential uses with a maximum density of 57 dwelling units per acre and a maximum floor area ratio of 2.49 for developments that dedicate land to the City for public road purposes and construct the road at the owner's of developer's expense is consistent with the applicable goals, objectives and policies of the City's Comprehensive Plan; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment during the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has reviewed the proposed amendment, and finds that it is in the best interest of the public to amend Sections 31-144(a) and (f) of the LDRs as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and City of Aventura Ordinance No. 2021- WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. Section 31-144(a) "Purpose" and Section 31- 144(f) "Medical Office (MO) District of Article VII "Use Regulations" of Chapter 31 "Land Development Regulations" of the City Code are hereby amended to read as follows': CHAPTER 31 — LAND DEVELOPMENT REGULATIONS ARTICLE I . ® USE REGULATIONS Sec. 1®1 . — Business Zoning Districts. (a) Purpose. These business districts are intended to provide for commercial development in conformance with the Comprehensive Plan and provide for a variety of zoning districts to accommodate the City's business and commerce needs. These zoning districts may be applied to land designated Business and Office and Industrial and Office on the City's Future Land Use Map, however, the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office and Industrial and Office category permitted uses. Development and/or redevelopment of a parcel in the Business Zoning Districts shall be subject to the site development standards set out in the zoning districts of this section. The floor area ratio permitted in Business Zoning Districts shall not exceed the maximum of 2.0, with the exception of certain portions of the Medical Office ( 0) District in which floor area ratio shall not exceed a maximum of 2.49 as set out in the Business and Office Future Land Use Category in the City's Comprehensive Plan. (f) Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital. This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but ' Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed deletions to existing text. Page 2 of 5 City of Aventura Ordinance No. 202 1-— may be more restrictive than, the corresponding Business and Office category permitted uses. (2) Conditional use. The following uses if first approved as a conditional use: a. Business-related schools. b. Exceptasset forth under subsection r. below, Multi-family residential uses with a maximum density of 35 dwelling units per gross acre and with a minimum lot area of between 1 .0 to 1.5 acres, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. r. For developments that dedicate a minimum of 35,000 square feet of land to the City for public road purposes and construct the road at the owner's or developer's expense, increased floor area ratio not to exceed 2.49 and increased density not to exceed 57 dwelling units per acre, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. If the site plan approval provides for phasing of the development in two or more phases, the phasing provisions of Section 31-79(i) of this Chapter shall apply after the 24 month period provided in this Section. Section 3. Severabillity. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Conditions. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 5. 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 Page 3 of 5 City of Aventura Ordinance No. 2021- renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon the Comprehensive Plan Amendment filed under Application No. 02-CPA-18, as transmitted to the Florida Department of Economic Opportunity, becoming effective under the provisions of Section 163.3184 of the Florida Statutes. 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 4 of 5 City of Aventura Ordinance No. 2021- PASSED on first reading on this 6t" day of April, 2021. PASSED AND ADOPTED on this 1st day of June, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2021. Page 5 of 5 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Assistant City Manager— Finance and Administration DATE: February 26, 2021 SUBJECT: Mid-Year Ordinance Amending 2020/21 Budget 1st Reading March 2, 2021 City Commission Meeting Agenda Item 7 2nd Reading April 6, 2021 City Commission Meeting Agenda Item 8 RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2020/21 budget. The total amount of each fund's budget amendment is outlined below. BACKGROUND As you may be aware, the City normally amends the budget at mid-year to: • recognize actual fund balance amounts carried over based on the prior year's audit and to; • re-appropriate the balances in capital outlay projects which were not 100% complete by the end of the prior fiscal year. The need to re-appropriate unspent capital accounts and to recognize the actual fund balances at September 30, 2020 to the 2020/21 budget was also addressed in my memorandum dated February 24, 2021 which accompanied the Commission's electronic package containing the Comprehensive Annual Financial Report. • In addition, there are "Other Items" that were not considered in the originally adopted FY 2020/21 Budget that need to be addressed through a corresponding budget amendment that will provide the necessary funding. Some of these items may have been previously discussed with the Commission but now require formal action. For simplicity, the following narrative addresses all of the items discussed above in "Fund/Account Number sequence" in terms of how they appear on the adjacent FY 2020/21 Budget Amendments Schedule ("Exhibit A"). 1 GENERAL FUND (001) Revenues and Expenditures— net effect$0 respectively. 1. To re-appropriate $33,000 for Community Recreation Center Improvements (i.e. Restroom Renovations and Gym Lighting) that were not completed by the end of FY 2019/20. This additional cost will be offset by a corresponding reduction to the Capital Reserve. 2. To re-appropriate $25,000 for Peace Park Improvements (i.e., Security Enhancements) that were postponed at the end of FY 2019/20 so that it could be better coordinated with the new Restroom Facility project at Peace Park. This additional cost will be offset by a corresponding reduction to the Capital Reserve. SPECIAL REVENUE FUNDS POLICE EDUCATION FUND 110 Revenues and Expenditures— a net increase of$8,014 respectively. To recognize and re-appropriate additional Carryover in the amount of$8,014 based on the prior year's audit in order to provide additional Training. TRANSPORTATION AND STREET MAINTENANCE FUND 120 Revenues and Expenditures— a net decrease of$125,000 respectively. To adjust and rebalance Carryover, expenditures and Capital Reserve funds in lieu of the following: Although County Transit System Surtax ("Surtax") funding may be utilized to fund our new upcoming On-Demand Transportation Services, in an abundance of caution, Carryover from our Impact Fees will be utilized (for budgeting purposes) due to the following: • This service was not considered in the development of our original Transportation and Street Maintenance Fund budget and the City had previously designated to the Citizens' Independent Transportation Trust ("CITT") which expenditures in the current year's budget would be funded from the Surtax. • The current Surtax funding is down from our FY 2018/19 and our FY 2019/20 budget levels due to the continued financial impacts of COVID-19. • The City will submit all required documentation to Miami-Dade County in accordance with their recently updated guidelines in order to execute their new Interlocal Agreement. Budgeted Expenditures will be adjusted as follows: 1. To increase the Citywide Bicycle Sharing expenditure by $54,806 and to make a corresponding decrease to the Capital Reserve as that is where this budgeted expenditure was inadvertently included. 2 2. To appropriate $161,480 ($26,912.82/month) and to make a corresponding decrease to the Capital Reserve for the new On-Demand Transportation Services Agreement with Beefree, LLC that was approved at the February 2, 2021 Commission Meeting for six (6) months of service (April — September 2021). 3. To appropriate $38,600 for the NE 1901" Street Milling & Resurfacing project budgeted in FY 2019/20 that was in process at September 30, 2020. This funding will be provided from a corresponding decrease to the Capital Reserve. 4. To reduce Capital Reserve funds by $125,000 to allow for the Carryover adjustments described above. 911 FUND 180 Revenues and Expenditures— a net increase of$13,933 respectively. To recognize and re-appropriate additional Carryover in the amount of$13,933 based on the prior year's audit in order to provide additional Capital Reserve. CAPITAL PROJECTS FUND 392 Revenues and Expenditures— a net increase of$5,975 respectively. To adjust and rebalance Carryover and Capital Reserve funds in the net amount of $5,975 based on the prior year's audit. Carryover: Increase/(Decrease) • Police — ($7,514) • Community Services — $109 • Public Works/Transportation — $13,380 (traffic flow improvement project) Capital Reserve: Increase/(Decrease) • Police — ($7,514) • Community Services — $109 • Public Works/Transportation — $13,380 (traffic flow improvement project) PROPRIETARY FUND STORMWATER UTILITY FUND —410 Revenues and Expenditures— a net increase of$150,000 respectively. To recognize and appropriate additional Carryover to fund additional costs associated with the Yacht Club Drive Seawall ("Seawall") Repair Project. On December 23, 2019 the City experienced a 9" rain event in a very short period of time. After the rain event, the Seawall failed in two (2) separate locations totaling approximately 300 linear feet. On January 3, 2020, MUEngineers, Inc. — the City's structural engineering 3 consultant provided their opinion (as outlined below) as to what caused the deadmen (anchors) and ultimately the Seawall to move forward: • a combination of heavy rainfall, high ground water level and an outgoing tide caused the fill material behind the Seawall to erode. • the erosion of fill material decreased the deadmen's capacity as the soil that anchored them became like quicksand. • these factors in combination with compromised anchor rods as well as an increased load on the adjoining anchor rods created the condition to allow the Seawall to fail. On May 5, 2020 the Commission awarded Bid No. 20-03-27-3 to Shoreline Foundation, Inc. to repair the 40+ year old Seawall. Helical Piles were considered in the original design drawings to repair the Seawall, as they were considered to be a better structural option than the exiting tie backs that were in place. In addition, they were determined to be the most economical option at that time. Once installation of the Helical Piles began, the contractor determined that the underlying soils were not able to provide the required friction or tension to support the Seawall. As a result, the original design drawings were revised to utilize Batter Piles to provide better support. The additional cost of labor and materials to utilize Batter Piles in lieu of Helical Piles will result in a budget overrun of approximately $150,000 which will be offset by additional Carryover funds (3999000). If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR/bkr 4 ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2020/2021 FISCAL YEAR BY REVISING THE 2020/2021 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Assistant City Manager - Finance and Administration as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2020/2021 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2020-10, which Ordinance adopted a budget for the 2020/2021 fiscal year, by revising the 2020/2021 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2021- Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2020. The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its adoption on first reading. This motion was seconded by Commissioner Evans, and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2021- PASSED on first reading this 2nd day of March, 2021. PASSED AND ADOPTED on second reading this 6t" day of April, 2021. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit A FY 2020/21 Budget Amendments GENERAL FUND-001 2020/21 2020/21 2020/21 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Expenditures Capital Outlay Capital Outlay/Community Services(8050-572) 6205 Community Center Improvements $ 8,898 $ 33,000 $ 41,898 6327 Peace Park Improvements 125,000 25,000 150,000 SUBTOTAL $ 133,898 $ 58,000 $ 191,898 Non-Departmental-8090-590 6999 Capital Reserve 14,772,304 (58,000) 14,714,304 Subtotal $ 14,772,304 $ (58,000) $ 14,714,304 Total Amendments-Expenditures(Net) $ POLICE EDUCATION FUND-110 2020/21 2020/21 2020/21 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Fund Balance 3999000 Carryover $ $ 8,014 $ 8,014 Subtotal $ $ 8,014 $ 8,014 Total Amendments-Revenues $ 8,014 Expenditures Other Operating Expenses Public Safety-2001-521 5450 Training $ 5,500 $ 8,014 $ 13,514 Subtotal $ 5,500 $ 8,014 $ 13,514 Total Amendments-Expenditures $ 8,014 TRANSPORTATION AND STREET MAINTENANCE FUND-120 2020/21 2020/21 2020/21 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Fund Balance 3999000 Carryover-Other $ 867,419 $ (286,480) $ 580,939 3999000 Carryover-Impact Fees 181,000 161,480 342,480 Subtotal $ 1,048,419 $ (125,000) $ 923,419 Total Amendments-Revenues $ (125,000) Expenditures Contractual Services Public Works/Transportation-5401-541 3453 Citywide Bicycle Sharing $ 27,058 $ 54,806 $ 81,864 3456 On-Demand Transportation Services - 161,480 161,480 Subtotal $ 27,058 $ 216,286 $ 243,344 Capital Outlay Public Works/Transportation-5401-541 6305 Road Resurfacing $ 500,487 $ 38,600 $ 539,087 6999 Capital Reserve 430,442 (379,886) 50,556 Subtotal $ 930,929 $ (341,286) $ 589,643 Total Amendments-Expenditures $ (125,000) Page 1 of 2 Exhibit A 911 FUND-180 2020/21 2020/21 2020/21 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Fund Balance 3999000 Carryover $ 20,000 $ 13,933 $ 33,933 Subtotal $ 20,000 $ 13,933 $ 33,933 Total Amendments-Revenues $ 13,933 Expenditures Capital Outlay Public Safety(2001-521) 6999 Capital Reserve $ 8,640 $ 13,933 $ 22,573 Subtotal $ 8,640 $ 13,933 $ 22,573 Total Amendments-Expenditures $ 13,933 CAPITAL PROJECTS FUND-392 2020/21 2020/21 2020/21 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Fund Balance 3999000 Carryover-Police $ 198,673 $ (7,514) $ 191,159 3999000 Carryover-Community Services 5,364 109 5,473 3999000 Carryover-Public Works/Transportation 660,895 13,380 674,275 Subtotal $ 864,932 $ 5,975 $ 870,907 Total Amendments-Revenues $ 5,975 Expenditures Capital Outlay Police(2001-521) 6999 Capital Reserve-Police $ 115,693 $ (7,514) $ 108,179 Capital Outlay Community Services(5001-572) 6999 Capital Reserve-Community Services 5,364 109 5,473 Capital Outlay Public Works/Transportation(5401-541) 6999 Capital Reserve-Public Works/Transportation 660,895 13,380 674,275 Subtotal $ 781,952 $ 5,975 $ 787,927 Total Amendments-Expenditures $ 5,975 STORMWATER UTILITY FUND-410 2020/21 2020/21 2020/21 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Fund Balance 3999000 Carryover $ 263,229 $ 150,000 $ 413,229 Subtotal $ 263,229 $ 150,000 $ 413,229 Total Amendments-Revenues $ 150,000 Expenditures Capital Outlay Public Works/Transportation(5401-538) 6309 Seawall Improvements $ 224,979 $ 150,000 $ 374,979 Subtotal $ 224,979 $ 150,000 $ 374,979 Total Amendments-Expenditures $ 150,000 Page 2 of 2