2006-16
ORDINANCE NO. 2006.16
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A
DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER
163, FLORIDA STATUTES, BETWEEN GULFSTREAM
PARK RACING ASSOCIATION INC. AS DEVELOPER AND
THE CITY OF AVENTURA ATTACHED AS EXHIBIT "A"
TO THIS ORDINANCE AND RELATING TO A PARCEL OF
LAND CONTAINING 19.550 ACRES OF LAND, MORE OR
LESS, ZONED B2, COMMUNITY BUSINESS DISTRICT,
LEGALLY DESCRIBED IN EXHIBIT "B" TO THIS
ORDINANCE, LOCATED AT THE NORTHEAST CORNER
OF NE 213 STREET AND BISCAYNE BOULEVARD, CITY
OF AVENTURA; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the Applicant, Gulfstream Park Racing Association, Inc., through
Application No. 01-DA-06, has requested approval of a Development Agreement
pursuant to Chapter 163 of the Florida Statutes to provide that the applicant may
develop its 19.550 acre, more or less, parcel of land located at the northeast corner of
NE 213 Street and Biscayne Boulevard according to the B2 zoning district regulations in
effect as of the effective date of the agreement during the term of the Development
Agreement; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
Ordinance No. 2006-16
Page 2
WHEREAS, the City Commission has reviewed the proposed Development
Agreement and has considered the comments of all interested parties at the public
hearings, the intended use of the land as described in the Development Agreement and
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. Development Aareement. The City Commission hereby approves
the Development Agreement, a copy of which is attached as Exhibit "A" to this
Ordinance, relating to lands described in Exhibit liB" to this Ordinance, and authorizes
the City Manager to execute the Development Agreement on behalf of the City. The
applicant shall record the Development Agreement in the Public Records of Miami-
Dade County, Florida, at its sole cost and expense.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses and phrases of this Ordinance but
they shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Effective Date. This Ordinance shall become effective immediately
upon its adoption.
Ordinance No. 2006-16
Page 3
The foregoing Ordinance was offered by Commissioner Weinberg, who moved
its adoption on first reading. The motion was seconded by Commissioner Stern, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Harry Holzberg no
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Stern who moved its
adoption on second reading. The motion was seconded by Commissioner Auerbach
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Harry Holzberg yes
Mayor Susan Gottlieb yes
PASSED on first reading this 3rd day of October, 2006.
Ordinance No. 2006- 16
Page 4
PASSED AND ADOPTED on second reading this 8th day of November,
APPROVED AS TO LEGAL SUFFIC~CY:
CITYA~t22J~ J
a fil d in the Office of the City Clerk this !L day of ~ 2006.
Exhibit A
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (hereinafter the "Agreement") is made
and entered into this _ day of , 2006 (the "Effective Date"), by and
between GULFSTREAM PARK RACING ASSOCIA nON, INC., a Florida Corporation
(hereinafter, the "Developer"), and the CITY OF A VENTURA, Florida, a Florida
municipal corporation (hereinafter the "City").
WITNESSETH:
WHEREAS, Developer is the Owner of that certain parcel of land located within
the boundaries of the City, the legal description of which is attached hereto and made a
part hereof as Exhibit "A" (the "Property"); and
WHEREAS, the Property is currently zoned as B2 ("Community Business")
under the City's Land Development Regulations, and the Developer and the City
mutually desire that the Property ultimately be developed as permitted in the City's
comprehensive plan and zoning code (the "Project"); and
WHEREAS, the Developer and the City desire to establish certain terms and
conditions relating to the proposed redevelopment of the Property and wish to establish
certainty as to the ultimate development of the Project;
NOW, THEREFORE, in consideration of the conditions, covenants and mutual
promises hereinafter set forth, the Developer and City agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part
hereof.
2. Definitions.
a. "Adjacent Property" the real property, consisting of the MO District
Property, owned by Developer located adjacent to the Property and more
specifically described on Exhibit "B" attached hereto and made a part
hereof.
b. "Comprehensive Plan" means the plan adopted by the City pursuant to
Chapter 163, Florida Statutes ("F.S."), meeting the requirements of
Section 163.3177, F.S., Section 163.3178, and Section 163.3221(a), F.S.,
which is in effect as of the Effective Date.
c. "Developer" means the person undertaking the development of the
Property, as defined in the preamble to this Agreement, or any successors
or assigns thereof.
d. "Development" means the carrying out of any building activity, the
making of any material change in the use or appearance of any structure or
land, or the dividing of land into three or more parcels and such other
activities described in Section 163.3221 (4), Florida Statutes (2004).
e. "Development Approval" means the Existing Zoning.
f. "Development Permit" includes any building permit, zoning permit,
subdivision approval, rezoning, certification, special exception, variance,
or any other official action of local government having the effect of
permitting the development of land.
g. "Effective Date" is the latter of the dates of recordation of this instrument
or thirty days after this instrument has been received by the state land
planning agency pursuant to Section 163.3239, Fla. Stat.
h. "Existing Zoning" is comprised of City of Aventura Ordinance 99-09, as
amended by Ordinance No. 2006-02, which adopts the effective land
development regulations governing development of the Project.
1. "Governing body" means the board of county commissioners of a county,
the commission or council of an incorporated municipality, or any other
chief governing body of a unit of local government.
J. "Gulfstream Park Tract" means the land and improvements lying in
Hallandale Beach, Florida and legally described in Exhibit "C" attached
hereto.
k. "Hallandale Beach DRI Land" means the real property and improvements
(excluding, but adjacent to, the Gulfstream Park Tract) now or hereafter
located on the real property owned by Developer and lying in Hallandale
Beach, Florida, said real property located immediately north of the
Property and legally describes in Exhibit "D" attached hereto.
1. "Land" means the earth, water, and air, above, below, or on the surface
and includes any improvements or structures customarily regarded as land.
m. "Land Development Regulations" means ordinances, rules and policies
enacted or customarily implemented by the City for the regulation of any
aspect of development and includes any local government zoning,
rezoning, subdivision, building construction, or sign regulation or any
other regulations controlling the development of or construction upon land
in effect as of the Effective Date.
n. "Laws" means all ordinances, resolutions, regulations, comprehensive
plans, land development regulations, and rules adopted by a local
government affecting the development of land.
Page 2 of 10
o. "Local government" means any county or municipality or any special
district or local governmental entity established pursuant to law which
exercises regulatory authority over, and grants development permits for,
land development.
p. "Project" means development permitted pursuant to the Existing Zoning.
q. "Public facilities" means major capital improvements, including, but not
limited to, transportation, sanitary sewer, solid waste, drainage, potable
water, educational, parks and recreational, and health systems and
facilities.
r. "Site Plan" is comprised of a scaled and dimensioned site plan (with
landscaping), elevation and typical floor plan submitted for administrative
approval and reviewed for consistency with the Existing Zoning.
s. "Utility" includes any person, firm, corporation, association or political
subdivision, whether private, municipal, county or cooperative, which is
engaged in the sale, generation, provision or delivery of gas, electricity,
heat, water, oil, sewer service, telephone service, telegraph service, radio
service or telecommunication service.
3. Intent. It is the intent of the Developer and the City that this Agreement
should be construed and implemented so as to effectuate the purposes and intent of the
parties and the purpose and intent of the Florida Local Government Development
Agreement Act, Section 163.3220, F.S., et. al.
4. Effective Date and Duration. This Agreement shall become effective on
the Effective Date. The Agreement shall be recorded in the public records of Miami-
Dade County and shall run with the land and shall be binding on all parties and all
persons claiming under it for a term of ten (10) years from the Effective Date. The term
of this Agreement may be extended, as well as any other change to this Agreement,
including release or partial release, upon execution of an instrument by the Developer (or
its assigns, which may include, but not be limited to a Community Development District
and/or a master property owners' association with appropriate authority over the
Property) and with the consent of the, then, owner(s) of a majority of the Property,
provided that such change has been approved by the City after public hearing, pursuant to
Sections 163.3225, and 163.3229, Florida Statutes. The City may apply subsequently
adopted laws and policies to the Property solely pursuant to the procedures of Section
163.3233(2), Florida Statutes.
5. Permitted Development Uses and Building Intensities.
(a) Permitted Development Uses. Prior to the adoption and acceptance
of this Agreement, the City has designated the Property as B2 ("Community
Business") on the official zoning map of the City, pursuant to the City's Land
Development Regulations ("Existing Zoning"). In granting the Existing Zoning,
Page 3 of 10
the City has determined that development thereunder is consistent with the City's
Comprehensive Plan and that it is in accordance with the City's land development
regulations in effect as of the Effective Date. Upon execution of this Agreement
and for the duration thereof, the City confirms and agrees that the Property may
be developed and used for the purposes established in the City's Comprehensive
Plan, and Land Development Regulations in effect as of the Effective Date of this
Agreement, or such laws and policies subsequently adopted and applied to the
Property solely pursuant to the procedures of Section 163.3233(2), Florida
Statutes. The City and Developer mutually consent and agree that the additional
limitations and conditions set forth in this Agreement serve as the sole basis upon
which the parties enter into this Agreement.
(b) Density, Building Heights, Setbacks and Intensities. Except as
otherwise provided herein, the maximum height, setbacks and intensities for any
development on the Property shall be regulated by the Land Development
Regulations in effect as of the Effective Date and the applicable designations in
the City's Comprehensive Plan.
6. Project Approval.
(a) Further Development Review. The Existing Zoning, the
Land Development Regulations, the Comprehensive Plan, and this Agreement
establish the criteria upon which the Property shall be developed during the term
of this Agreement.
Consistent with the foregoing, prior to the issuance of any building permit within
any portion of the Property, the Developer shall submit a Site Plan for the
building site that includes the proposed building for administrative site plan
approval by the City. Site Plans for individual building sites shall be designed to
conform with the terms and criteria provided in this Agreement, with the Existing
Zoning and other Land Development Regulations in effect as of the Effective
Date. The administrative approval process shall not prohibit development of any
Site Plan so long as the site development criteria within the development subject
to the Site Plan is in compliance with the Existing Zoning and generally
consistent with the terms contained in this Agreement. Application for
administrative site plan review shall be in accordance with Section 31-79 of the
Land Development Regulations. If it is found during the administrative site plan
review that the proposed development does not comply with the Existing Zoning,
the applicant shall either revise the plan to so comply or request approval of the
City Commission as provided in the Land Development Regulations.
In the event that the City administrator does not approve the Site Plan, the
Developer, owner of the parcel, or their successors and/or assigns maintain the
right and the ability to appeal the administrative decision directly to the City
Commission for the City Commission to determine whether the City administrator
erred in its decision to deny the approval of the Site Plan based on the plan's
conformance with this Agreement, the Existing Zoning and the Land
Page 4 of 10
Development Regulations in effect as of the Effective Date. The City agrees to
process any appeal to the City Commission in accordance with Section 31-83 of
the Land Development Regulations
(b) Downzoning. For the duration of this Agreement, the City shall
not downzone or otherwise limit the ability of the Developer to develop the
Property in accordance with the Development Approvals and nothing shall
prohibit the issuance of further development orders and approvals in conformity
with same. However, the City may apply subsequently adopted laws and policies
to the Property, solely pursuant to the procedures of Section 163.3233(2), Florida
Statutes.
7. Public Services and Facilities; Concurrency. The City and Developer
have established that all public facilities and services which are required to service the
Project, the entities responsible for providing such facilities, the date any new public
facilities, if needed, will be constructed, and a schedule for the construction of such
public facilities are set forth in Exhibit "E". For the purposes of concurrency review, it is
hereby found that, throughout the duration of this Agreement, sufficient infrastructure
capacities will be reserved and remain available to serve this Project. All subsequent
development orders or permits sought to be issued which are in conformity with this
Agreement are hereby found to meet concurrency standards set forth in the
Comprehensive Plan as such standards may be amended from time to time (concurrency
regulations) and to be consistent with Land Development Regulations, so long as the
Developer develops the Property in general compliance with the terms and conditions
contained within the Existing Zoning and this Agreement.
8. Reservation or Dedication of Land. Except as otherwise provided below
and pursuant to applicable subdivision regulations, the Developer shall not be required to
dedicate or reserve any land within the Property for municipal purposes.
(a) Public Park. The City and the Developer have entered into a
Purchase and Sale Agreement dated May 12, 2006 (the "Purchase and Sale
Agreement"), which agreement contemplates the acquisition by the City of certain
additional lands owned by the Developer.
9. Local Development Permits. The development of the Property in
accordance with the Existing Zoning is contemplated by the Developer. The City may
need to approve certain additional development permits in order for the Developer to
complete the Project in a manner consistent with the Development Approvals and the
Land Development Regulations in effect as of the Effective Date and Comprehensive
Plan designations affecting the Property, such as:
(a) Site Plan approvals;
(b) Land Improvement Permits
(c) Subdivision plat and or waiver of plat approvals;
(d) Water, sewer, paving and drainage permits;
Page 5 of 10
(e) Covenant or Unity of Title acceptance or the release of existing
unities or covenants;
(f) Building permits;
(g) Certificates of use and/or occupancy; and
(h) Any other official action of the City and/or Miami-Dade County,
Florida, having the effect of permitting the development of land.
10. Consistency with Comprehensive Plan. The City hereby finds that the
development of the Property in conformity with the Existing Zoning is consistent with
the City's Land Development Regulations and Comprehensive Plan designation as of the
Effective Date and shall not be subject to any future changes to the City's Land
Development Regulations and Comprehensive Plan designation after the Effective Date;
provided, however, the City may apply subsequently adopted laws and policies to the
Property solely pursuant to the procedures of Section 163.3233(2), Florida Statutes..
11. Necessitv of Complying with Local Regulations Relative to Development
Permits. The Developer and the City agree that the failure of this Agreement to address a
particular permit, condition, fee, term or restriction in effect on the Effective Date of this
Agreement shall not relieve Developer of the necessity of complying with the regulation
governing said permitting requirements, conditions, fees, terms or restrictions as long as
compliance with said regulation and requirements do not require the Developer to
develop the Property in a manner that is inconsistent with the Development Approvals.
12. Impact Fees. The impact fees that are in effect as of the effective date of
this Agreement and which would apply to the development of the Project, together with
the Circulatory Shuttle Bus System Impact Fee described in the 2005 Evaluation and
Appraisal Report to the City's Comprehensive Plan, are specifically provided in Exhibit
"F". It is agreed and understood by the parties that no other impact fees other than those
listed will apply to the development of the Project. No new impact fees or increases to
the fees in existence as of the Effective Date, apart from the Circulatory Shuttle Bus
System Impact Fee, shall be adopted by the City or otherwise be applied to the
development of the Project during the duration of this Agreement. The City and
Developer shall coordinate their efforts to derive the maximum benefit of any impact fee
payments in favor of the Project and the City.
13. Reservation of Development Rights. For the term of this Agreement, the
City hereby agrees that it shall permit the development of the Project in accordance with
the City's Land Development Regulations, the City's Comprehensive Plan, and existing
laws and policies as of the Effective Date of this Agreement which are or may be
applicable to the Property, subject to the conditions of this Agreement. However, nothing
herein shall prohibit an increase in developmental density or intensity within the Project
in a manner consistent with the City's Comprehensive Plan and Land Development
Regulations, or any change requested or initiated by the Developer in accordance with
applicable provisions of law. Moreover, the City may apply subsequently adopted laws
and policies to the Property solely pursuant to the procedures of Section 163.3233(2),
Florida Statutes.
Page 6 of 10
The expiration or termination of this Agreement, for whatever reason,
shall not be considered a waiver of, or limitation upon, the rights, including, but not
limited to, any claims of vested rights or equitable estoppel, obtained or held by the
Developer or its successors or assigns to continue development of the Project in
conformity with the Development Approvals and all prior and subsequent development
permits or development orders granted by the City, including, but not limited to, those
rights granted under the City's Comprehensive Plan and land development regulations.
14. Conditions, Terms or Restrictions Deemed Necessary bv Local
Government for Public Health, Safety and Welfare. Vehicular access (other than as may
be required by government for emergency vehicles) to and from Developer's Hallandale
Beach DRI Lands and the Gulfstream Park Tract to N.E. 213th Street on and after the date
the first temporary certificate of occupancy is issued for a residential building constructed
on the Adjacent Property shall be prohibited, provided, however, that until such access is
permanently prohibited as set forth above, vehicular access to the Gulfstream Park Tract
from N.E. 213th Street shall be permitted on an interim basis subject to the following
restrictions: (i) access by the public shall be restricted to weekends and holidays on which
horse racing events are scheduled at Gulfstream Park, (ii) after the execution of a
mutually acceptable construction phasing plan, access on all other days shall be restricted
to construction vehicles, provided that such access shall be permitted only until such time
as construction of the renovation and expansion of the improvements to the Clubhouse
and the Slot Facility Building now or hereafter located on the Gulfstream Park Tract is
completed, and (iii) at no time shall vehicular access from N.E. 213th Street to
Developer's Hallandale Beach DRI Land be permitted for any purpose (other than as may
be required by the government for emergency access).
15. Binding Effect. The obligations imposed pursuant to this Agreement upon
the Developer and upon the Property shall run with and bind the Property as covenants
running with the Property, and this Agreement shall be binding upon and enforceable by
and against the parties hereto, their personal representatives, heirs, successors, grantees
and assigns, and a copy of this Agreement shall be recorded in the Public Records of
Miami-Dade County, Florida, at the sole cost and expense of the Developer upon
execution of this Agreement.
16. Governing Laws. This Agreement shall be governed and construed in
accordance with the laws of the State of Florida. The Developer and the City agree that
Miami-Dade County, Florida is the appropriate venue in connection with any litigation
between the parties with respect to this Agreement.
17. Entire Agreement. This Agreement sets forth the entire Agreement and
understanding between the parties hereto relating in any way to the subject matter
contained herein and merges all prior discussions between the Developer and the City.
Neither party shall be bound by any agreement, condition, warranty or representation
other than as expressly stated in this Agreement and this Agreement may not be amended
or modified except by written instrument signed by both parties hereto.
Page 7 of 10
18. Cancellation and Enforcement. In the event that the Developer, its
successors and/or assigns fails to act in accordance with the terms of the Existing Zoning,
the City shall seek enforcement of said violation upon the Property.
Enforcement of this Agreement shall be by action against any parties or person
violating, or attempting to violate, any covenants set forth in this Agreement. The
prevailing party in any action or suit pertaining to or arising out of this Agreement shall
be entitled to recover, in addition to costs and disbursements allowed by law, such sum as
the Court may adjudge to be reasonable for the services of his/herlits attorney. This
enforcement provision shall be in addition to any other remedies available at law, in
equity or both.
19. No Third Party Beneficiaries. The parties to this Agreement do not intend
the benefit of this Agreement to inure to any third party. Nothing in this Agreement
expressed or implied is intended or shall be construed to confer upon or give to any
person other than the parties hereto and their successors, heirs or permitted assigns, any
rights or remedies under or by reason of this Agreement.
[Signature Page Follows]
Page 8 of 10
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written.
CITY:
ATTEST:
CITY OF A VENTURA, FLORIDA
By:
City Clerk
day of
,2006
Approved as to form and legality
By office of City Attorney for
, City of A ventura, Florida
Page 9 of 10
DEVELOPER:
WITNESSES: _....-...-.-...-----__....
-..-- ;:;. ......p....'.
.~-
~ e.M-,,0<<,.J
Print Name
GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida corporation
By: xf,~
Blake Tohana
CFO and Executive Vice-President
B't.. cu.. 'f ~ JfW:A~
Signature ,J
B5ll~rJ F~~
Print Name
Prv vi VIH C F On/-onc
"ST-ATE OF-FLORIDA
lCnlV\ C} Av vC (t\
..Q)UNTV 9F-MMMI-DADE..
)
)
)
SS.
The foregoing instrument was acknowledged before me this [f day of
September, 2006, by Blake Tohana, as CFO and Executive Vice-President of Gulfstream
Park Racing Association, Inc., a Florida corporation, on behalf of the corporation. He is
cJ}'ersonally-known to me}or has produced as identification,
and acknowledged that s/he did execute this instrument freely and voluntarily for the
purposes stated herein.
My Commission Expires: N\ ~ .
'-
\A~~~~~ ~~~ W
Notary Pu lic, State of PIOI ida Yn:..J ~~e ~ O~a.('i i)
~\\\IVl"" Ge(i\.~t ~~eele,r ~()V'cf
Print Name
PagelOofl0
Exhibit "A"
LMrn DESCRlI'TION
ZONNINGB2
GULFS'fRE;.-'\J\'1 PARK
CITY OF A VENTURA, MIA1\U-DADE COUNTY, FLORIDA
COMMENCE at the Northeast corner of Tract B of said DONN ACRES and the
Northeast corner of Section 34, Township 51 South, Range 42 East;
THENCE South 88001 '22" West on the North line of said Tracts A and B and the North
line of said Section 34, a distance of 1,374.03 feet to the POINT OF BEGINNING;
THENCE South 01058'49" East, a distance of 629.41 feet to the intersection with the
North line of a parcel of land conveyed to the City of Aventura tor highway purposes by
Right-of- Way Deed recorded in Official Records Book 17973. Page 3869 of the Public
Records of Miami-Dade County, Florida;
THENCE on said North line of a Parcel of land conveyed to the City of Aventura the
following four (4) courses and distances;
1. South 88001 '22" West, a distance of 1078.63 feet to the beginning of a tangent
curve concave to the North;
2. Westerly on the arc of said curve having a radius of614.09 feet, through a c-entral
angle of 21005'30", an arc distance of 226.06 feet;
3. North 70053'08" West, a distance of 131.73 feet to the beginning of a tangent
curve concave to the Northeast;
4. Northwesterly on the arc of said curve having a radius of 25.00 feet, through a
central angle of 88053'36", an arc distance of 38.79 feet to a point of reverse
curvature with a curve concave to ilie Northwest, said point being located on the
West line of said Tract A, DONN ACRES;
THENCE Northeasterly on said \Vest line of Tract A and on the arc of said curve having
a radius of 3909.83 feet, through a central angle 0,[07046'10", an arc distance of 530.18
feet to the Northwest corner of said Tract A and the intersection with said No.rth line 0 f
Section 34;
i'repal~ By
CALVTN, GIORDANO AND ASSOCIATES, rNc.
1800 Ener Olive, SUfle 600
Fort LaudcnJale. FlmiJ~ 33316
Seplemm:r 09,2006
P:\Proj~'C\s\200 1 \0\ 2193 Gulfslrtum Pad, 11""'hbry Survey of i\{jami Dad,;, Portion\SUI\vEY\Lcgal DC5criptions\7.oonill&..B2 Area
Revised 9~OS-200<i doc
Sheet 1 of 3 Sheets
.., - . - :
THEN.. '. en...... North.. 8....80.0.1..'.2 2'. ~ E ....a.s. :.t....o. ....0.......... '.5.'. a....i....(..'.l.......:N.,. "..,0 rt..h .... '.,.I..irie. ..Of.... T..... rae' ....... '..L.A.' .'fl. ..nasaid Nortb .lineof
. ".." -. ,. ."
Section 34. a distanc~of 1,?90.Jlfe~tto. tlle,P0.!NT.C>PBEGD\WING;
". .-.... -:
Saidlands lying in the. City of Aventura,Mia1l1bDade County,Floridaand contahun,g
851,612squ<tre feet (l9.550 acres) l11oreorless.
NOTES:
1. Not vulid'lNithout thcsi5'11attIre~clo:rigillalem bossed seal of a Florida' licensed
Professional.S~ryeYotandMa.pper.
. .
2. . Lanq~.d,~$crib~dhe,reonwereriot~b~tr~<:t~9;;:bY.111~$l.U"Ve-y()~, . for. .o,\vnetstlip,
ease~.ents~rights.()f;.\vayor?tner in$thinierits tliatJn~yappear in the . Public
RecordsofMiami..D.ade'(CotlIlty.' ." .
3. Be'atin.gS$h6~;11 hereOllJlrete .' '~JB..tljeN'Qrth.lit'le-'brT:racts A. and B.I)O~
AClU3SJ'ifs'reCOtde.q;':in,~laE}....'..... ';'~'f~~.~ag~:36,~fia.l1ti.~ade'.cotlnty 'Records',
with..said'N(};thlii1e"haYil1ga'f)eatih;g'.of'Soutfi~S~Ol.~22') West;
4. The de$<;riptioncontained herein aoo the .attachedsketch. does not represent a
field Boundary Survey. .
...cr-rZ1Jb.
PI'CpatcdB)':
CALVIN, GIORDANO AND ASSOCIAT.ES. lNC.
1800 Eller Drive, Sulte600
Furt Lauderdale, Florida 333 J 6
Sel'tcmbcd),9,2006
1);lPro.i~crs\2001\012193 Olllr"lmum Park Boundary Survey or Miami Dadc}>ortionISURVEY\Legll.1 Dcs.:liptjons\Zolll1'OlLB2r'i.re..
R.vised 9-08-2006.dm:
Sheet 2 of 3 Sheets
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Exhibit "B"
TRACT A:
LAND DESCRIPTION
p ARKVIEW AT GULFSTREAM CITY OF A VENTURA,
MIAMI-DADE COUNTY, FLQRIDA
Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as reco.rded
in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being
more particularly described as follows:
BEGINNING at the Northeast comer of said Tract B and the Northeast comer of Section
34, Township 51 South, Range 42 East;
THENCE South 02021 '14" East on the East line of said Tract B and the East line of said
Section 34, a distance of 541.55 feet to the Northeast corner of a parcel of land conveyed
to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official
Records Book 17973, Page 3869 of the Public Records of Miami-Dade County, Florida;
THENCE on the North line of said Parcel conyeyed to the City of A ventura the following
three (3) courses and distances;
I.Sout h 50029'14" West, a distance of 32.10 feet (31.83 feet by deed) to the
beginning of a tangent curve concave to the Northwest;
2.Southweste rly on the arc of said curve having a radius 0[330.00 feet, through a
central angle of 37032'07" (37034'38" by deed), an arc distance of 216.19 feet
(216.43 feet by deed) to a point of tangency;
3.Sout h 88001 '22" West, a distance of 107.88 feet;
THENCE North 01052'05" West, a distance of 523.58 feet;
THENCE South 88009'53" West, a distance of581.87 feet;
THENCE South 01052'05" East, a distance of 525.02 feet to the intersection with the North
line of said Parcel of land conveyed to the City of A ventura;
THENCE South 88001'22" West on said North line, a distance of 461.33 feet;
THENCE North 01058'38" West, a distance of 629.41 feet to intersection with the North
line of said Tract A and the North line of said Section 34;
Prepared By:
CAL VIN, GIORDANO AND ASSOClA TES, INC.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
April 28,2006
Revised July 25, 2006
Revised July 26, 2006
P:IProjects\2001\0 12193 Gulfstrearn Park Boundary Survey of Miami Dade Portion\sURVEYlLegal DescriptionslPARKVIEW AT
GULFSTREAM Revised 7.26-2006.doc
THENCE North 88001'22" East on said North line of Tract A and the North line of Section
34, a distance of 1,374.03 feet to the POINT OF BEGINNING;
TOGETHER WITH THE FOLLOWING DESCRlBED PARCEL (see attached):
Prepared By:
CAL VIN, GIORDANO AND ASSOCIA YES, me.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
April 28, 2006
Revised July 25,2006
Revised July 26, 2006
P\Projects\200 1 \012193 Gulfstream Park Boundary Survey of Miami Dade Portion\SUR VEY\Legal Descriptions\P ARKVIEW AT
GULFSTREAM Revised 7-26-2006 doc
TRACT B:
Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as recorded
in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being
more particularly described as follows:
COMMENCE at the Northeast comer of said Tract B and the Northeast corner of Section
34, Township 51 South, Range 42 East;
THENCE South 02021 '14" East on said East line of Tract B and the East line of said
Section 34, a distance of 541.55 feet to the Northeast corner of a parcel of land conveyed
to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official
Records Book 17973, Page 3869 of the Public Records of Miami-Dade County, Florida;
THENCE on the North line of said Parcel conveyed to the City of A ventura the following
three (3) courses and distances;
1.Sout h 50029'14" West, a distance of 32.10 feet (31.83 feet by deed) to the
beginning of a tangent curve concave to the Northwest;
2.Southweste rly on the arc of said curve having a radius of 330.00 feet, through a
central angle of 37032'07" (37034'38" by deed), an arc distance of 216.19 feet
(216.43 feet by deed) to a point of tangency;
3.Sout h 88001 '22" West, a distance of 107.88 feet to the POINT OF BEGINNING;
THENCE continue South 88001'22" West, a distance of 20.29 feet;
THENCE North 01052'05" West, a distance of257.81 feet;
THENCE North 37041'02" West, a distance of306.19 feet;
THENCE South 88009'53" West, a distance of 382.40 feet;
THENCE North 01052'05" West, a distance of 17.63 feet;
THENCE North 88009'53" East, a distance of581.87 feet;
THENCE South 01052'05" East, a distance of 523.58 feet to the POINT OF BEGINNING;
Prepared By:
CAL VIN, GIORDANO AND ASSOCIATES, lNe.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
April 28, 2006
Revised July 25,2006
Revised July 26, 2006
P:\ProjectsI20011012l93 Gulfstream Park Boundary Survey of Miami Dade PortionlSURVEy\Legal DescriptionslPARKVIEW AT
GULFSTREAM Revised 7-26-2006 doc
Sheet i nf 'i~hpptc
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing a
total area of 597,429 Square feet (13.7151 acres) more or less.
NOTES:
I.Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2.L ands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
3.B earings shown hereon are relative to the East line of Tract B, DONN ACRES, as
recorded in Plat Book 76, Page 30, Miami-Dade County Records, with said East
line having a bearing of South 02021' 14" East.
4.The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
CAL VIN, GIORDANO AND ASSOCIATES, INC.
Gregory 1. Clements
Professional Surveyor and Mapper
Florida Registration Number LS 4479
Date:
Prepared By:
CAI.. VrN, GIORDANO AND ASSOCIATES, INC.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
April 28, 2006
Revised July 25, 2006
Revised July 26, 2006
P:IProjects120011012193 Gulfstream Park Boundary Survey of Miami Dade PortionlSURVEY\Legal DescriptionslPARKVIEW AT
GULF STREAM Revised 7-26-2006 doc
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Exhibit "e"
LA'N'D DESCRIPTION
GULFSTREAM PARK.
BROW ARDCOUNTY PORTIONl.nsSV1LLAGES AT GULFSTRBAi\:t
PARCEL 1 (FEE S1l\1?LE ESTATE)
The E~t&t 18'0.6 :feet of Lot 1, ,Block 7; LESS the North 7S feet thereof for Srdte Road
Right-of- 'fVuy;
The Soutl130.().O feet of Lot I, B!oc,k 7; LESS IheEGl..~ 180.6 feet thereof; anda{so less
the West 33.23 feet thereof; Lot 4, Block 7, less the N01th 25.00 feet offhe \Vest 33.23
feet thereof;
Lots 3 and 4, Block 8;
Lots 1, 2~3aud4,Block 9;
Lets 1> 2, 3 and 4~ Blod:: 10;
Lots 1,2, J and 4, Block 15;
Lots 1, 2, 3 and 4, Block 16;
All ;oftha Subdivision in Section 27, Tow'l1shi}) 51 South, Rtillge 42 East, acc.nrding to the
Plat of TO,""'N OF HALLANDALE (MAP OF THE TOWN OF HALLANDA.LE),
according to the Platthercof, 1l.srecorded in Plat Book B,Pagc:: 13, Public Records of
Dade County, Floridn, 00'1." being apart ofBrow'ard COUJIty, Florida.
LESS AND EXC.EJ>T from aU the above those portioos lying West ,of the East rigbt-of~
wa)' of Federal High\vay (U.s. No.1), said East right-of-way line being described as
10110'ws: Beginning at the intcl'seetion of the North line of said Lot 2, Block 10, with a
line that ties 90.00 feet East of and parallel with the West tine of the s.outheast One-
Quarter (S.E.lIt) 'Of said Section 27; thence Southerly along said pataUelline a distance of
1869.97 feet to the point of curvature of a curvectlncave to the \Vest and haYing a radius
of3909.S3 feet; thence Southerly tilong said curve through a central angle of 12 degrees
03 minutes 38 :seconds for 8uarc distance of 823.01 feet to n point oflerminus on the
South line of the Southeast One Quarter (S.B. Y..) of said Section 27, TO\'\o'nShip 51 South,
Range 42 East, Bro~--ard County. Flo1ida.
Portions- of the Plat of TOWN OF HALLENDALE (1vtAP OF THE TO'A7N' OF
HALLANDALE). according to the Plat thereof: as recorded in Plt\tBook B.Page 13,
Publi~ Records <>f Miami.Dade COlmty (B:l'oward C1'ut1tyh Florid4, now being a portion
of BrowardC<XUlty, Florida, as reflected in the Jega1 description set forth abOY0 were
replatted by the foHowing plats;
HALLANDALE PARK NO. 12 PART 2. recorded in Plat Book 10, Page 17, PI.tblic
Rec<>ros of Miamj.Dade County, Florida" now being a portion of Bro\vard County,
Florida.
B) HALtANDALE PARK NO. 12 REVISED (RIVIERA) SECTIONS, recorded in Plat
Book 10, P~lge 18, Public Records oflVliami-Dade County (Braward County), Florida,
now being a portiOll of Bl'()\vard County, Florida.
P"'P'l~ Dy.
e,,!. VII". OJORD:\NO AND ASSO<;I.... n:s, INC:.
1 S<lO l:lIer Driv.:, Suile 6110
P""t blJdet(!lllll. Flari,ia 333 i 6
'''i'<il la, 200(i
1>: ",Proje.:;,;\20l.';4\t.).U314 G'.l !f~I"--ml'l\SUR \'.1: Y"l..t&~ 1D>;,:~JiptioM \,Gu lfw"-il1Tl-nro\\-1ll't1 ~'Ol'tjon 1t~ Vi Ila~")! ,(!IJ~
Sheet 1 0 f 15 Sheet:;.
C) GOLDEN ISLES BOULEVARD ...'\NNEX BENCH (BEACEI) SECTION, recorded in
Plat Book 12. P.age 46,P:-ublic Records of Miami-Dade County (Broward County).
F'lotidU)lliJwb:eing apt)rtion ofBl'owsru COUl.tty;Florida.
AND
AU of the subdivisions of HOLLYDALE PARK. ac~~m!iug to tltePlat thereof; a.s
recordt:td in Plat B.ook I 1. Page 2,PUbljc Reeotd$ ofBrowaracou.ntY;F'lO:rida.
LESSfu'\J:D EXCE:.PT' TFLER.EFROM an of Hibisctl.<; Street as shown on said
HOLL'lDALEPARK, a/kin tile North 2$ feet of the SouUnvest One Qtla.rt-er (S_W.%) of
the Souttwlle$t Que Quarter {S.W. Y.} .of the Northeast One Quarter (N.E.l.l4) of Section
27, TO\\'I1Ship Sf St)'uth. Range 42 East, Broward COUtity,F'.lorida.
ALSOE.){CTiPIING THEltEFROM aU that portion of said IIollydule Pntk l;ing West o.f
a line 90.00 ft.~ct East of MdpamHel 'Wit11the West line of the Southwest One Quarter
(S.W.1I4) of the S<mth\.vest One Qutlrter (S.'W.1I4) of the No:rtbeast One Quarter
(N.E.1I4) or Section 27 J TO\\o'DShip 51 South, Rtlrlge 42 East, Brow-ard County, :Floridlil.
AND
TIle \Vest One Half (W.l/2) of the SOllth,vest Oue Quartet (S.W.1I4) of the Northwest
One Quarter (N. W.1l4) of the Southwest One Quarter (8.. W.1/4) and the West. One Half
(W.1/2) of tbe Northwest On~ Qu~trter (N.W.1I4) of tbe Southwest One Quarter
(S. \ll.1/4) of the SOln:t:nvest Ol'ie Quarter (S. \V.1l4) of Section 26. Towntthip 51 South.,.
Range 42 East. Brmvard County, Florida.
ALSO LESS AN"DeXCEPT THEREFROM aUor.tile above description property
conveyed by the De.ed to the State of FIotion for u.seand benefit of the State of Florida
Dej:ulrtment of Tmnsportation asset forth in the Deed recorded in Official Records Book
] 3597, Page 886, Public Records ofBro\vard County,Florida, described as follows: That
part of Lots 2 and 3, Block 15, TOW"N OF HALLANDALE, according to t.'le Plat
thereof, as recorded in P.lat Book B, Page 13,Public Records in Broward County (Dade
County), Flo.rida, said part being more particularly described as fo11o\\'8: Commence at
tbe Northeast corner of the Southeast Quarter of Section 27. Township 5 I Sollth, Range
42 East; thence S<>uth 87 de!,,'fees .07 minutes 18 seconds West along tbe North Uneof
said Southeast .QuartetClfSection 27, a distmceof2665.11 .feet to the No,rthwest comer
of said Southeast Quarter of Section 27; tbence 80u11102 dc!:,.'rees 52 minutes 00 seconds
East alollg the West tine of the East Halt of said Section 27, a distance of 1869.91 :feet;
lhence North 87 degrees OS minutes 00 secouds .East, a distance of 94.5 feet; thenCe
South 02 degrees 52 minutes 00 seconds Eu...<;t, a distance of 4.32 feet to thePOfNT OF
BEGIN'NlNG; thence .continae South 02 d~rrees 52 minutes 00 seconds East, a distance
of 32.91 feet to the beginning of a CU1ve conca'y'c Westerly, h.wing a radius of 3743.00
feet and Il chord bearing of South 00 degrees 21 minutes 43se.conds East.; thence N1l
Southerly along the a.rc of said curve through a central angle of 5 degrees 00 minutes 35
Pr~ By;
CALVIN. GK>x.fMNQ M.,tl/~)ClA l1'.s, INC,
1800 Ellct Dri'.'C, Suite 6\.'lO
Fort taul!et<.!llk. Flofkl:.1 3~;31 ti
iI,p.;! 28,2006
P .\f'''('~cd~\2f!\l4'.042S'.4 C",ln;l"''''"\S\JR VE Y\Lc.Sillv,-xr'l'lk,,,.'.,(},,If.-ireaJ1NJro"'at'd po'lion le.."" VI)1ni:'ec~.doc
Sheet :2 of 15 Sheets
seconds, a distmlce 01'32721 feet; thi;.~nce South 6 dCf.';I'ees 49 minutes 12 seconds\Vest. ~l
distn.oC'.e 01'99,85 feet to n }>(lint()U tlw existing Eust~lYright.of.w~lY line of State RoadS
and the beginning. ofa curveconc~.'v.e .to. the W~st~>:S;ti&C~ltV~ 'h'avinga :radius .of 3819.83
feet andacho,rd hearing of North. 1 degree 32ntinutes 43troonds E,nst;t:hence NOl'thedy
along tbe arc of said curve a dist.mce of 31S.44fect through a centralaogle of 4 degrees
46 minutes 35 sf}~):nd$ to the end of Silid curve; thence ulongthe South line of said Lot 3,
BlocklS, N01t11 87 de!,l'fcces 02 minutes 19 seconds East a dL~ance of 2.11 feet; thence
C'olltlnttc along 'Silide:xistingEn.~tedy rlght-or"'way.JfneNorth 2 degrees 52 fnhll.ltes 00
secomis West, a distance of 140.1'9 ft:et; thence leaving said existing Eas'tt;:rly right-of-
way line nm North 87 degre-es 08 minutes 00 seconds Ea..,;t a distance of 4.50 feet to the
POL"T OF .BEGlN'"NJNG,
ALSO LESS AND EXCEPT TIIEREFROM 811 of the above desc.ribed lln),perly
con.veyed to the Stfilte of Florida fbr tbe llSe and bt.>nelit otthe State ofFlodda Dep,rtt'trut'tlt
of Transponation as set forth in the Deed recorded in Oft1ciaJ Rec:~onts Book 15493t :PiI.ge
113. Public Rec(Jrds of.Bt"<,ward C(>U.nty~ Flo.rtdn, dt.'$cribed as foUO\\ls: 11wt pat't ofl.t){;.o.;
J I) and 11, Bloek 2. of HOLL YDALEPARK. acoordillg to the Plat thereof: as n~)rded
in f)l.ort BOllk 11, P.tl;i,,'e 2. Public Records 'Of Browarel Count)', l"Jorida. andtlmt part of n 2:5
foot.abandotled .U'td vt\e."lted road os shown <>n said PtatofHo!lydalePark and that part of
Lot 2, Block '( 0, of the TOWN OF HALLANDALE,according to tbe Plllt thereof, 4.01;
rt-corded in Plat Book B, Page 13, Public .Records in Ir.tde County, Florida, said part
being more piilrticuhlrly described as follows:
CommCllceat the Southwest corner ofthe Northwest Quurter in Section 27, Township 51
South, Range 42 East; thence North 87 degrees 07 minutes 2SsecondsEa.'\t, along the
Quarter Sectioll line of said Section 27:1 di:s<t~lnct'tof 2655.87 feet to the haseiineof
sut\i'ey for St3te Rc)ad 5; 1!''letlce North 02 degrees 52 minutes 00 secoocl.. West. a distance
of 62.77 feet; thence North 87 d~grees 0,8 mirmtes 00 seC'()11ds East. a distance of 90.00
feel to the Enstedy existing right-of-way f.or State Road Sand tJlePOINT OF
BEGn-..'NING; thence South 67 degrees 58 minutes 47 Sc-conds East. a dist~UlC,e .of 2.3.16<~
tben~'C North 87 degret'S 07 minutes 18 seconds East, a distance of 10.97 feet; thence
South 02 degree.s 52 minutes 42 scconds East, a distance of 1 06.00 feet~ thence South 42
degrees .07 minutes 39 seconds West, a distance of 38.89 n~et; thence South 02 degrees
52 minutes 00 seconds East. a dist~ulCe of 200.25 feet; thence Soutb 00 degrees 56
minutes 51 seL"Onds West. a distance of 67.65 feet; thence North 02 degreesS2 minutes
00 scc~1ndsW est. a dis:tanceof 411.00 feet to tbe POINT OF BEGINl'c1JNG; and that part
of Lots 1 and 2 in Block 1 of HOLL ~'DALE PARK, acco.rditlg to tbe Plat thereof, as
recorded in Plat B()ok 11~ Page 2, oftIle Public Records in Broward COLUlty, Florida. Sl'ud
pmi being mOI-e particularly described a... foHo\\'$: Commence at the Southwest corner of
the North..vt:St Quarter in Section 27, Tow'nship 51 South. Range 42 East; thence North
87 degrees 07 minutc'S 28 second.-; East~ a dist.':lI1'Ce of 2655.87 feet to the buselitle of
Survey for StatcRoad S; thence North 02 de.grees 52 nmlutes 00 secl:>ods West, a distance
of 618.41 feet; thence Soutb 87 degrees 08 minutes 00 seconds East. a. distance of 90.00
feet to the porNl' OF BEOfN"N'ING; thence North 32 degrt.-'eS 50 minutes 45 seconds
l're~ Bj':
CALVL'<.GtORDAJ>.'O AND A:;SOCI,\TES, INC.
liOO EllcT Dli\1l. Stiile 600
Fort LaudcrdlltC. Fltti.lll.l1.1J6
Aprillll,2006
P:\PTi>j'-'C~\10(}01\()<;2S!4 Cdf:;'-'L-:\:I\1\SURVEYLeg:a1 Dcscril)til.\na\('1ul~!t"',.j{n1_J.lm\1.'lifd porth:m J.:".Vil~5 doc
Sheet 3 of 15 Sheet..::;
..... ~.,," .... ,-. .... "...,. -. ... .. ,
E~l.$l a dishulce of 4-0..03 teet; thence StJlufh81 degrees 12 m:inutes47 selionds West, a
distance of23.36 feet to the Easter!y existiugr;ight~of.way for St.ateRof~d 5; thence $011t11
02 degroos 52nu.lYutos QO secfo<udsEast, adIstal\ceof 32,53 feet to the POINT OF
BBOfNNING.
LESS THEREFROM THE FOLLOWrNG DESCRfBED PARCEL:
A portio-n of Lots 1,3 -and 4, Block7.1..ols l'through4,.Hlo.c;k lO,an<l L:Jts 1 through 3.
Block 15 all in ~ti\P OF TEtE TOWN OF HALLA1\.trDALE, aecording to the p1at there't)f
as recorded in Plat Bc.)()k 13, Page130f the .Public Rec-t).rd;s of Dade County, Florida, also
be.in,g portions ofH.ALLA~1)ALE PARK NO. 12, PART 2.. according to the plat thereof
l\! recoded in Plat Book 10, P,a:gf: I 7, :porti.onsofHO.LLYD ALEP ARK; accord:ingto the
plat thereof as recorded in l'lat Book 11,Pag~2 :aJl<rp~)rti6ns ofHALLANDAtE PARK.
NO. 12, according to the plat theroof as recordt.>d inPiatBook 12. Page 35, the th.ree(3)
previotls plats being recorded in the Puh:lic Records of .Brmvard County, Florida and
beingparticlllady described as follows:
COM1VfENCINGattbe Southeast comer of Section 27, T()\vnship S1 South, Range 42
East. Browttrd County. Flo.ridJ:t;
THENCE South SS....Ol '22"\Vest (has-isotbearillgs) on the South line of s.'lid Sedion 27.
a distance of2'<'93.59 feet to UIe POINT OF BEGINNING;
THENCE continue South 88i>Or22" Web" on said South line of Section 27, a distance 'of
570.55 feet to the intersectioo with the Eastright~of-Wll'y line of South Federal Highway
(U.S. 1) as shown on State of Florida Department of Transportation Right..of-Way Maps
for St~lte Road 5, Secti<>n 86010..2519, said point locatod o:u the arc of anon-tangent
curve COncave to theWest,wh-ose mdins pohlt bears N()rth 79"45'42" West;
THENCE On said E..'\.~t right-or-way line of South Federal Flighway (U.S. 1) the follO\vmg
sixteen courses and distances;
1. Northerly on the are or said curve l\aving a radius of 3.909.83 feet, thr<.')ugh a
centl'alaugle of 05"16'33", and an arc distance of 360.01 feet to a point of oon-
t8nt,'eOO y; ~,.......
2. South 85Q02'14" .East, adistaJlce ofO.8S feet;
3, North 07Q51'26" East, a distance of 99.85 feet 1() a point on the arc of a n(,')o-
tangent <:Ul'\'e concave to the West~ whose t';;,u:lius point bears Notth &6049'11"
West;
,~".~
PrepSI'd By:
CALVIN. GlORD,.\NO ANO ASSOClAi17S, tNC_
I roo E1let .o:l\"t.. Suitl:600
FM l.allderdak;. fiorid., ::;3 t6
Aprn n. 2Ol:I6
P:\J>l'Oj ~t$\2I)t"".)42824('.}\llf;ffe!l1l1iSUl{ VEY\L~'glri Dc:,-.:riPl.km~\(iul &Ir~tkl)""~ Jl<JrtiUli less v'm~dil(
Sheet 4 of 15 Sheets
2. Lands described hereon 'vere not abstnicted, by the Slu'v.eyor. for o\\'nership.
easements, rights-of-Vl3Y or otbe.r instnt1nenlS that may 'tppe~lr in the Public
Records of Bro\vtu'dCo't:tlity'.
3. The desct'iption contained herein \,,"1;.') prepared from information provided by the
client
4. The descriptiol1 cOlltuined herci:tl does not represent afie1d.BO'undary Survey.
4 II/]
CAt \..!I~.t(GIORDANO A~lN'",', .....ri<gSbCIA11~S. INC.
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Grfgory J. Clemrftts . :/t~ ....
PYbfessional Survey:; and Mapper
~11{)rida Registration Number is 4479
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CAl.VIN. CIORDANO AND ASSOCIA TES, TNt',
] 800 Efkr Dr,i\"~ Suite 600
f.~ ~-dlII<; fh1ri& 333 16
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Exhibit "D"
· .L~ID'DESel,t[p":(I.()N "
VILLAGE A"fGt1'L;X:<S:l'R1!l\lvrp ARK
EXHIBIT
. .
Aportion of Lots l,3ttlld4, BIQck7; l.otsl:thr&tlgtl~,;arabk Id;".andLohd throu~b1JJ'~noOk
15 all hi MAP OF THE TOWN OF Hf\.LLANDAL'E.acbo,rding totbe plat then~of nsrecortled in
Plat Book B. Page 13 of the Public Records or Dade County, Florlcl'l, also being portions of
HALLA~'DALE PARK NO. 12. PART 2, accorcling to the plat thercofas re-coded in Plat .Book
10, Page 17, portions of HOLLYD;kDE P~~,:a~~t4~.g lothe p.1atthereof as reco.rded iliPlat
Book 11, Puge 2 lU1d portions -of fiA.ttANDA1EPAfiKNQ.l~~accOrdiIig'to.theplatfhcli\)fas
recorded in Pklt Book 12,Page 35, the three (3)pre\10US plats being recorded in the PLlblic
Re.cordsorBrov.ard County, Florida and bl."ing particulatly descrfbed as follows:
CO~:{MENCINGat theSouthe.~st corllerofS~ction27, Township 51 South. Range 42 E~st.
Broward County, Florida;
THENCE South 88001 '22" Weston the South line of said Section 27, a distanccof2,093.59 feet
tathe POINT OF BEGINNING;
THENCE continue South 88>:01'22" West 011 said Soutl1l:ine of Section 27, a distance of 570,55
feet to the intersection with the East right-or-way line of South Federal Hig11\vay (U.S. 1) as
shO\vn on State of Florida Department of Transportation Right-of-Way Maps for State Road 5,
Section 8601O-25J9, said point locatt'(l on the are of a non-tangent curve concave to the West.
whose radius point bears North 7904S42 II West;
THENCE on said E.:1.St tight-of-way line of Soutb Federal Highway (U,S. 1) the follO\ving
sixteen courses and distances;
L Northerly on. the arc of said curve having a radlUsof3,909.83 feet, tb:rougha cet1.tral
angle of 05016'33", and an arc distance of360.01 feet to a point or non-tangency;
2. South 85"02'141< Ea~t, a distance of 0.85 fe..."t;
3. North 07051'26" East., a dist.~ceof99.85 feet to a point on the arc ofa non. tangent C1JrVe
concave to the West, whose radius point bears North 86049'11" West;
4, Northerly on tl1e arc of !k-ud curve having a radius of 3~ 743.00 feet, through a central
angle 0[05000'35", a.nd an arc distance 0027.27 feet to a. point of tangency;
5. North 01 "49'46" West, a distance ()f32.91 feet;
i're;:-ar(:d Bt:
CALVrN. GTORDANt) ."NO ASSOCl.o\rES, INC.
180() Eller Drive, Suite 6110
Fun i.auderdo11e. Florida 33316
July 6, 200:5
kllVised AuStIll 3. :ZOOS
ReVised September 26. 20llS
Z~I2004\t)4ZS24 aulfsiTeam\sURVEY\Lcgal OI.'scriptiona\\!illagc at Gul!nl'cmn.dllC
Sheet 1 of 8 Sheets
6. South 88~to'14!l\Vest,frdistithceo.f4.50teettG)apuinto:nthearc ofa non-tangent curVe
c<.mcave to the Wcst>whOSel'l~ditlspointhenrsSot1tJt'88014!(J2'" West;
ry Northetiv l>:l1 the arc ofsmd cUtYc
f. ",.,;I: <'.., ':'," ,._,., ", "_:: ._"._' . ..., ',"C'. ;,._..._,.:'....;'_.
aIlgle()f:O~)Q5!4at.',~lriarC~5t<.. . .
.. .a'~#l!tlqsip:f.3,~9;S3.feet, through .~~ l>elltt<11
.~~i'gtGr~~a,n;g~ncy;
".". , . . .
8.
9. North 02;>03'07 !lE~\~rt, .~ distan.ce.()f'El.1~6:~f~t; .
. ". ,-.. ".
. . - . -'", - -.- -"-.., ".
10. North Olo49t46lt. W~i~idlstaheeo'f.20ni2'~":re~t.
~. -.- -','- -.- -,....". ," '., .". . ....;. -,,,-. -.,. ','
. .
11,North 43"07'481' Eust;adi!>t.~l1QC9fS~.$fI,ft:en' .
. - - .
.. ., .
, . ........ ... .. ,. ," no ,_ ......
. '.-- .... ., '-. -'. ",' ..: ,'. - - .
12.',.North'.0i.~52'S3il\Y'est... 'ia.".'(iistat:t. C~. ~;(itJ~o;~Q.[fect;. .;.
. '. -.. - - -. - - . .
. .
. . "., .
. .. '.
'. . - ,. - . -, . .
13. SOllfh 88'O()7'27" V{eSl,. adlstatlcc0fl();97't~e~;
14. North 66<l56'55 " West, a distallceof23.l6jeet~
'15. North 01 050108" .\Vest,a,djsfullceo:f$$'5.82feet;
16. North. 33 "52'37" East, a'distance of 40.03. feet to the intersectiolJ witb the Soutb right~of-
way.line of I-libiscus.Streetassh()'~~oi4tt THE' PROMeNADE AT HALLANDALE,
accofdin~JQ.:th#~1I:lt.th~1~o~lis,:tec'()ird~~\;~1:JP;~af,~~~q~ 112,~it~e 4 . of the. :PubU~..:Re~tltl;ts
,,.fJlmwirdCoul.tty,Ji]ol'ida; .
THENCE North 88011'391i EastQllSaidiSbt1t11,#gnt':():f;'tv~ylin~ an.4:i:ts 'Eas~edyproJection,a .'
distance of594.33 feet .. . . .
TIlENCESouthOl '046'21 II 'East. a 'distaticeQfl{)~~.te~t;
. . -..
. ,
. .
THENCE North 880 1~'3.9'IEast. a"di$tanc~'of.JIQ.4'l,~.t;
THENCE South Q 1 050.0S11Easl.,a distat1ce:~t\4J4;~O;f~t)t~ .
Sheet 2 of8 Sheets
;a'ta~9S\ir$9d3 feet,tbro'ugh nce'atr~'il
'i""f;"t":'lO""f~"'Y' '..
?''='. .,:'~~}~c,u"":" .,
. , ..., . '"-.
THENCE,' SouthOOQ07'24'" E~st"4dl~tatlc~;;Of$'4';9;f}tedt;
THENCE South S80O:(Y52fl Wes.t, nd:istanceof170;Ol feet;
THENCE South () 1 ~50'0811 East;a;c1ifltlillCe.:ftK~26;~9 f~~tt9,~,ppbrton thea,rc of a non~tange,nt
curve concave to the Etlst, whose ta(jjlts~)oitif1>~~s\s:o;1l.tlj.,',~2.;)35?{)'rI3ast;
... . .
.... .... ..
. -', , ", .
THENCE South 43 ~09'52'1 We$t, ,adi~tapCI1;;()r27$.~4feet;,
. . " -'.- '. -,""".,..
THENCE Soutn,miJ50j08t;,East;a'.~l,s!~1i.celyr'()lgI6iit~~~t.:~lilePOiNT-OF BEGlt;tNfl-;tG;
Said lands lying in the City()fHillla1'l.tlale::Bt'iltch,:Bl'OwardCounty, :Florida and cbntainiflg
2,646,985 sqtmre fcet(60.7664 acres), :nl0rCbrles$.
NOTES:
1. Not valid" ,without the 'si~~tgte at1..d ,'p'~:ig(n~lew:polised seal ofa floridaHceu$ed
Pro:fessiooa.lSuiveyol' alldMap,per. '
2. Lands dt.'Scribedhereon were n6tabstracted;bythesurvey()r.forownership.eaSell.\~ts,
righ~..()r-way or ,(ltberinstr:utnentSth~tt,~l'ay -~ppearb:r the:P~bUc Reqord$' of, Bfoward
Co~m\y.- , , .
3. BC(irings shoW'l1hereo1l.are~1tt,tiye<~o ,~l1e. ~ittIdinjfofJheSE ~ofSection 27~5;h42
having ab~g'of South;Sso91'22"'~$t;
.. . : ". '.
' ,
4. The,,' description cont3il1ed;b.e~in ,~dtlte4;f:taoited ,sketeJ\. ....~ tll)trepresent ,,'afi.eld
Boundary Survey:. ' ",
Prq=:d By;
CALVrN.QlORDANOAND ASSOCIATES, IN,C.
1 SOO Eller 0ri\.t1, Suite 600
Fort la\lderdal~ floridll 33316
1I::1y 6,2005 '
Rcvi~ed Allgllilt 3,2005
Rcvilltrl Sej)tember26, 2005
Z,\2004\042'814 wlllitn:am\SLJR VEY\L6j'Jlll De.o;criptiolls'iVHla~ lltGulfslT1::lI1l.aoc
Sheet 3 of 8 Sheets
SURVEYOR 'S' OERTOOCATE;
'.1' ',1... .r... '.E......n. .'.,1:'~....',.B". . -.;c,.-. ..r'l. .' .E:......'R'.. ..1....,.li.....-r".,..... '.lJ.. '.,.'..'.....,., .1'. ....'..,...a.. ...t....'.,'..l.;..,....~.....s........,...,..."...."...... "Cl"I""1l\iT'" f.1: '.
. ... J. iU;[\j. . . . 1r ~ "(h . Uh . foi!. ,'~~'.. \.J~8,Oi;;tlep:r(}p'er{y. .'
Sh(}\Vll'here9nisn'll,eand:~tt~t.tQ,~. f~)tree~tttIy'urn~munclt>:r..
my sU!lepiisiotl,'nii:ssJcetbl~.ancn~g~d . ~hFttm1'Cp:~li9># . .
Standards setforthbYlhe~Fl()ri(laState '.. ,"." .'. . .Map~~int:ftapl~
61 Gr7,.6711orida~\timinis:trativeC.'()depu,rsttarttJQ;lJ7~:~i:f1tlo:rid~,Stituies. . ~ . ,
// /1"\.'
// .'. ..1// . .'. . .... ..... ..'
CAf-HrN. 'GJORDl\:.~Q(ANb ASSQG .t(TES~li\rt.
' . . I /10'1'../' . .),/
'/ <','..'/,(/~.' ..' ".:.,4......'...,. ........""',............'..a', ""'.".'" . '.(fI........... ...',JiJ.....'!1:... .r"c:'
~ .~.LI t.\( . t-~:t.~-:tL~~,-
r~ . '.. ,. ..
l!rofes$~(m~ S~'eYOral'ldMl1l'l'er..
(Florida Registration NUl11ber 1S 4479
Pre,l.rtd By:
CALVIN, OIORDANOANPASSOCV\TES.. JNC,
1 &00 EUer .Drin, Sum 600 .
Fort LlludllTdlllil, Florida 313 Hi
July 6, Z005
Revised ^u~un 3., 2005
Re\;sed September 26, 200S
Z:12004\il42824 GUlfstre:lmISURVEY\Leg-,d .Oescr1plions\Villiige at Olllfsln:llnl.dl"<
Sheet 4 of 8 Sheets
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Exhibit "E"
Public Facilities and Infrastructure
All public facilities and infrastructure required for development of the Project on the
subj ect Property consistent with City Code, County Code and State Law, as applicable and in
effect as of this date, are currently in place.
Exhibit "F"
City of AventlJra 2005 Evaluation and Appraisal Report
e. Redevelopment Needs/Initiatives
There are several areas of the City of Aventura that demonstrate unique development and
redevelopment needs, and/or that have been the focus of specific area planning efforts. In
2001, consultants for the City evaluated the potential for the creation ofa new Town Center
in the City. The subject area for this Study is bounded by: NE 191 Street and the William
Lehman Causeway to the north; B iscayne Boulevard to the west; NE 187 Street, NE 185
Street, and a finger canal to the south, and; County Club Drive and Dumfounding Bay to
the east. Existing development in this area includes: the Loehmann's Plaza shopping mall;
the former concentration of boat construction and repair operations along NE t 88 Street
that is transitioning into residential uses, and; other commercial and office uses (Figure
n.A.4.). The Town Center Study evaluated several alternative development and
redevelopment proposals for the area with the goal of recommending a plan that includes~
an appropriate mix of residential, retail, office and commercial Uses in close proximity; a
well-developed system for multi-modal transportation access and circulation (pedestrian,
bicycle, automobile and transit); civic buildings and Spaces, and; a cohesive design.10 The
City has designated a significant portion of the Study Arca "Town Center" on the Future
Land Use Plan Map, and has created the TC-I and TC-2 zoning districts to implement this
land use.
The Comprehensive Plan's intcrpretive text for Town Centers states that they arc "intended
to be moderate- to high-intensity design-unified areas which will contain a mixture of
different urban functions integrated both horizontally and vertically. Town Centers shall be
characterized by physical cohesiveness, direct accessibility by mass transit service, and a
high quality urban design. The development of each Town Center wili be managed
through the creation of a thematic plan, which shall outline its major characteristics and
specify the design and regUlatory tools necessary to achieve those characteristics.',ll
Although the City of Aventura has made significant progress in implementing its Town
Center designation through the designation of the Study Area "Town Center" on the Future
Land Use Plan Map, creation and implementation of the Town Center zoning districts,
establishment of the internal shuttle bus transit system, and other initiatives, the area's
redevelopment into a true town center is in the preliminary stages, and the ultimate form it
will take remains subject to debate. For ex.ample, questions remain about whether the
Town Center should serve as a regional activity center, or should cater primarily to
residents of the City through a concentration of neighborhood-oriented retail or services.
Due to the location ofseveral already established regional activity centers within (Aventura
Mall) or proximate (Gulfstream Park) to the City of Aventura, the Town Center's
development as a downtown that primarily serves City residents might be more
appropriate.
The Hospital District comprises the area around Aventura Hospital and bounded by the
FEe Corridor to the west, Biscayne Boulevard to the east, and the Broward County
line/City Limits to the north (Figure II.A.S). The area currently consists of A ventura
10 Averrtura Town Center Study Draft Plan, Wallace Roberts & Todd LLC, January 22,2001
II City of A ventura Adopted Comprehensive Pian .
City of A ventura 2005 EvaJuation and Appraisal Report
Hospital and medical office developments of differing sizes and intensities, fragmented
single family development that demonstrates some blighted conditions both north and south
of the Hospital, and commercial out parcels with Biscayne Boulevard frontage. On April
21, 2003,consultants for the City submitted a conceptual urban development framework
for the District. The report submitted by the consultant identifies a number of
underutilized parcels in the district, and identifies potential improvements, including:
streetscape improvements; potential new streets, street expansions, and street closures, and;
redevelopment opportunities. The report recommends that design guidelines be
considered for the Hospital District in order to enhance the area's function as a cohesive
district of medical offices and other compatible uses.12
The City has made progress in the implementation of the Hospital District through
designation of the entire area Business and Office on the Future Land Use Plan Map, the
development of both site development and urban design standards for the southern portion
of the District and zoning the area MO (Medical Office). As noted in the April 21, 2003
Conceptual Urban Development Framework - Aventura Medical Office District, however,
several factors have impeded the redevelopment of the area, particularly in the single
family areas. The Medical Office zoning district requires a minimum lot size of 1.5 acres,
and the fragmented parcel and ownership characteristics ofthe single family area has made
assembling the land necessary to implement the designation difficult. Changes to the
development and Jot size requirements in the MO District specific to the subject area, and
the provision of other incentives to fuster the area's redevelopment, may be required in
order to implement the redevelopment goals.
Biscayne Boulevard is the City of Aventura's main north-south thoroughfare. The
Biscayne Boulevard corridor in the City is characterized by intensive commercial and
office development that largely predates the City's incorporation, including regional
activity centers such as the Aventura Mall. Loehmann's Plaza fronts Biscayne Boulevard
as well. Opportunities to further the achievement of cohesive design and development
patterns and economic development goals along the Biscayne Boulevard corridor may exist
through the redevelopment and other initiatives.
A review of Figures II.A.I. and II.A.2. indicates that the City's Biscayne Boulevard
frontage is designated Town Center or Business and Office on the Future Land Use Plan
Map, and zoned B-2, B-3, RMF-3, OP, or MO. Many of the afure-mentioned shopping
centers have B-2 zoning, which would allow their redevelopment at a higher intensity than
currently exists. Sucb redevelopment, however, might not be appropriate for all areas of
the corridor, which experiences significant traffic congestion and is primarily characterized
by lower-rise commercial establishments. Moreover, the Boulevard serVes as a primary
gateway into the City, and links the Town Center, A ventura Mall, and the Hospital District.
12 Conceptual Urban Development FrameworJc, Aventura Medical Office District, Wallace Roberts & Todd
LLC, April 21, 2003
17
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City of A ventura 2005 Evaluation and Appraisal Report
Development and Redevelopment in Adjacent Areas
As noted in Chapter I, the city of Aventura is bounded by: Broward County and the City of
Hallandale Beach to the north; Golden Beach and Sunny Isles across Dumfounding Bay
and the Intracoastal Waterway to the east; North Miami Beach to the south, and;
unincorporated Miami-Dade County to the west (Figure 1.1')0 Development and
redevelopment that is occurring in adjacent areas invariably impacts the quality of life in
Aventura, and vice versa. Impacts of development in adjacent cities on traffic congestion
and hurricane times evacuation are particular areas of concern, and are addressed in
Chapters II.C. and 11.0.
Gulfstream Park is an existing 250-acre racetrack located in the City ofHalJandale Beach
in Broward County, abutting the City of Aventura's northern boundary. Gulfstream Park is
currently the subject of a Development of Regional Impact (DR!) application for the
proposed development ofa large-scale, mixed-use project on 85.7 acres currently used for
parking. The racetrack facility would be retained.' The proposed flexible development
program for this site includes 1.2 million sot: of retail, 1,500 residential units, a 5,500 seat
movie theater, and 300,000 sot: of office space.13 This Application for Development
Approval for the DRI is still in process. The City of Aventura has been diligent in
providing comments and input in the DR! process due to the potential impacts of this
proposed development.
The City of Sunny Isles Beach, located across the Intracoastal Waterway and Dumfounding
Bay to the east of the City, has experienced significant redevelopment in the past few years,
with low-rise beachfront motels being replaced by high-rise condominium and hotel
projects. This redevelopment has rapidly changed the complexion of Sunny Isles Beach,
and had implications for northeast Miami-Dade County asa whole, particularly in terms of
traffic and hurricane evacuation. William Lehman Causeway, one of the two the main
linkages between Sunny Isles Beach and the mainland, traverses the City of Aventura.
Efforts to continue to ensure coordinated planning with the City of Sunny Isles Beach,
particularly in terms of transportation and emergency management, are key to future
development and redevelopment of both cities.
The Ojus area of unincorporated Miami-Dade County"~jf' located west of the City of
A ventura. The area is currently characterized by low density residential neighborhoods
and commercial strip development along West Dixie Highway and Miami Gardens Drive.
The Ojus area demonstrates some redevelopment needs, particularly in the commercial
areas, and was the subject of a 2001 charrette conducted by the Miami-Dade Department of
Planning and Zoning. Charrette recommendations included multi-modal transportation
improvements, the development of urban design standards, increased code enforcement,
environmental restoration/protection, historic preservation, land use and zoning strategies,
and the prov ision of incentives for redevelopment. 14
13 ViI/age o/Gulfstream Park Development a/Regional impact, Application/or Development Approval, April
28,2004
14 A VIsion/or the OJus Area, Ojus Charrette Report, Miami-Dade County Department of Planning and
Zoning, May 2001
20
City of Aventura 2005 Evaluation and Appraisal Report
2. Social, Economic and Environmental Impacts
Section 163.3191(2)(e), F.S., requires that the potential social, economic, and
environmental impacts of the identified major issues be addressed in the EAR. The
previous section of this report described specific impacts of the development and
redevelopment issue in detail.
In summary, major positive social impacts of development and redevelopment include: the
creation of stronger neighborhoods, which in turn strengthens the sense of community and
social fabric; opportunities to enhance the quaJity of life for existing and future residents
and visitors by providing increased OPPOrtunities fur social Utteraction, reducing
automobile dependence, and providing better public space, and; the provision ofadditional
economic oPPortunities. Potential negative impacts include: reduced service levels and
congestion that might result from increasing density without expanding service capacity;
the encroachment of incompatible Uses on existing communities that are essential to
healthy development, and; increased school overcrowding.
From an economic standpoint, the development and redevelopment issue has a number of
implications. Development and tetlevelopment increases. the tax base, ana. therefore
increases the City's ability to provide services to existing and future residents. Moreover,
development and redevelopment attracts new residents 8ud businesses to neighborhOOds,
creating new jobs for existing residents. Nonetheless, increased development and
redevelopment requires the provision of additional and expanded public services and
infrastructure, with added public costs. Impact fees, concurrency requirements, and other
mechanisms should be in place to ensure that development assumes its fair share of these
costs.
From an environmental standpoint, redevelopment and intill development result in more
sustainable development patterns than suburban sprawl, and play an important role in
protecting the region's many environmental resources, including the Everglades and other
environmentally sensitive lands. Within the City, however, development and
redevelopment can diminish the level of open space, disrupt vistas and view corridors, and
have negative impacts on natural resources, including natural and man-made water bodies.
It is important to ensure that adequate open spaces are mai~tained and public spaces
provided in conjunction with development and redevelopment in the City, and that
potential negative impacts of such development and redevelopment are mitigated through
the use of best management practices and other strategies. .
21
City of A ventura 2005 Evaluation and Appraisal Report
3. Comprehensive Plan Impacts and Recommendations
Section 163.3191 (2)(g), F.s., requires that the EAR evaluate the plan objectives within
each element as they relate to the major issues and identitY, where appropriate, unforeseen
or unanticipated changes in circumstances which have resulted in problems or opportunities
with respect to the major issues. Because of its broad nature, Issue LA., "Development
and Redevelopment", impacts. the Comprehensive Plan in its entirety. Specific
recommendations to amend the Comprehensive Plan to address the issue of development
and redevelopment are as follows.
a. Future Land Use Element
The following objectives and policies in the Future Land Use Element should be amended
as noted or added to address this issue:
R<<ommendation IT.A.I. A number of the major issues facing the City, including
building heights, concerns over the intensity of development, and ensuring compatibility
between existing neighborhoods and new development and redevelopment, must be
addressed through the City's land development regulations, It is therefore recommended
thaf a- new Objective arid- poliCies-be adoea to-tfie rutiire Land Use Efement to state- tftat by
2007, the City shall review and amend its land development regulations in order to provide
a cohesive blueprint for development and redevelopment in the City. The revised land
development regulations shall address strategies to:
· accommodate growth while maintaining neighborhood integrity;
· ensure appropriate height and site development requirements and design guidelines;
· ensure appropriate transitions and linkages between different neighborhoods and
uses;
· encourage more walkable neighborhoods;
· buffer neighborhoods and existing development from the encroachment of
incompatible uses;
· limit the intensity of future development and redevelopment in a manner that is
consistent with current development patterns, and that minimizes further negative
impacts to the City's infrastructure, traffic congestion, hurricane evacuation
clearance times, and quality of life, and;
· prevent redevelopment ofa parcel in a manner that would significantly increase its
existing intensity or density, unless redevelopment of said parcel will implement
specific development and redevelopment goals that are or that might be established
for particular areas.
Recommendation II.A.2. Policy 1.1 defines the City's residential land categories. It is
recommended that Policy L 1 be amended to the following:
· under the Medium Density land use category delete "authorizes apartment
buildings ranging" and replace with "allows a range in density". Also, add the
following to the end of the second sentence ", but may also include single family
detached, duplexes, triplexes and quadruplexes"
22
City of Aventura 200~ Evaluation and Appraisal Report
· under the Medium-High Density category delete "authorizes apartment buildings
ranging from" and replace with "allows a range in density". Add the following new
sentences: "The type of housing structure typically permitted in this category
includes low, medium and high-rise apartments, but may also include single mmily
detached, duplexes, triplexes, quadruplexes and townhouses. Additionally, the
height of buildings and attainment of densities approaching the maximum shall
also be contingent on the ability ofthe developer to ensure appropriate transitions
and buffers with the surrolinding neighborhood, and to alleviate impacts that will
adversely impact service levels and quality of life."
Recommendation n.A.3. Policy 1.2 defInes the City's non-residential land lIse
categories. It is recommended that Policy 1.2 be amended to:
· Add text to the Business and Office Category to state that the maximum intensity
allowable on a given site shalJ 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 of service and quality
of life;
· Add text to the Town Center Category to clarifY that such centers are not intended
to be Regional Activity Centers, but are instead intended to primarily serve the
City's existing and future residents and businesses, and;
· Add a Water Category which specifies that areas designated Water provide
numerous benefits to the City of Aventura and are an important component of the
City's multi-modal transportation network, stormwater drainage infr~'tructure, and
natural and built environments. It should specify that the use of these areas shall be
limited to recreational and commercial boating facilities (including water taxis and
ferries), the provision of open space and urban relief, recreation, waterways,
wetlands, flood control, stormwater drainage and storage, and natural resource
protection and enhancement, and comply with the requirements of Chapter 24,
"Environmental Protection...", of the Miami-Dade County Code of Ordinances. It
should further state that development in or above such areas in a manner that will
diminish these functions shaH be prohibited, and that development and
redevelopment adjacent to these areas shall include provisions to enhance these
functions where appropriate.
Recommendation Il.A.4. Policy 2.1 states that in planning and designing development
and redevelopment, the City shall enforce the guidelines contained in the Comprehensive
Plan's Urban Design Element. It is recommended that this Policy be revised to replace the
reference to "Urban Design Element" with "redevelopment plans, the Redevelopment
Element, and land development regulations".
Recommendation ll.A.S. Policy 2.4 addresses the designation of sites and use of
landscaping materials in public projects, an important consideration in development and
23
City of Aventura 2005 Evaluation and Appraisal Report
redevelopment. It is recommended that this Policy be amended to call for the use of native
landscaping materials where feasible and appropriate in public projects.
Recommendation II.A.6. Objective 3 states that decisions regarding the location,
extent, and intensity of future land use in Aventura will be based on environmental
conditions and the financial feasibility of providing services at levels that meet or exceed
adopted levels of service by 2005. It is recommended that this Policy be amended to "
update the date to 2015, and to expand the text to also state that decisions regarding the .....,_
location, extent and future land use in Aventura will be based on compatibility with and the
minimization of adverse impacts on existing neighborhoods.
Recommendation I1.A.7. Objective 5 states that by 2005 Aventura shall reduce the
number of existing uses that are inconsistent with the uses designated in the Future Land
Use Plan Map. It is recommended that this Policy be amended to update the date to 2015,
and to state that the City shall continue to reduce the number of land uses inconsistent with
the uses designated on the LUP Map.
Recommendation ll.A.8. Policy 5.1 identifies a number of factors that the City will
consider in evaluating compatibility among proximate land uses. It is recommended that
this' Policy De ainended- to Include the eXistIng character 'and function of the surrounding
neighborhood, consistency with the goals and objectives of the Comprehensive Plan, and
specific neighborhood development and redevelopment plans in the list of factors to be
considered in compatibility evaluations.
Recommendation II.A.9. Policy 5.2 states that residential neighborhoods shall be
protected from the intrusion of uses that will disrupt the neighborhood. It is recommended
that this Policy be amended to remove the word residentia~ as all neighborhoods should be
provided with this protection, regardless of function.
Recommendation I1.A.tO. Objective 6 states that upon adoption of the Comprehensive
Plan, all public and private activities regarding the use, development and redevelopment of
land shall be consistent with the Comprehensive Plan's goals, objectives, and policies. It is
recommended that this Policy be amended to reflect the fact that the Comprehensive Plan
has been adopted.
Recommendation n.A.tt. Policy 8.1 caUs for the City to establish opportunities to
amend the Comprehensive Plan. It is recommended that this Policy be amended to reflect
the City's established procedures for Comprehensive Plan amendments.
Recommendation n.A.12. Policy 9.1 states that the City shall maintain and enhance
regulations governing the use and development ofland. It is recommended that this Policy
be amended to include protecting and minimizing negative impacts to the character and
function ofthe surrounding neighborhoods to the list of items that are regulated by the land
development regulations.
24
City of A ventura 2005 Evaluation and Appraisal Report
Recommendation IT.A.I3. Policy 9.3 states that the City shall enact land development
regulations within one year of adopting its Comprehensive Plan. It is recommended that
this Policy be updated to reflect the fact that the Comprehensive Plan and land
development regulations have been adopted, but may be amended from time to time.
Recommendation IT.A.14. Objective 11 states that llpon adoption of the Plan, the
location, design and management of development and redevelopment shall ensure the
protection of natural resources and systems. It is recommended that this Objective be
amended to reflect the fact that the Comprehensive Plan has been adopted.
b. Intergovernmental Coordination Element
Recommendation 1I.A.15. Objectives 1 and 3 of the Intergovernmental Coordination
Element, and policies thereunder, address joint land use planning with other jurisdictions.
It is recommended that new poliCies be added under Objective 1 and Objective 3 to caH for
increased coordination with adjacent jurisdictions to ensure compatible development and
redevelopment, and address the unique challenges and opportunities that face northeast
Miami-Dade and southeast Broward counties
c. Conservation & Coastal Management Element
The following objectives and policies in the Conservation & Coastal Management Element
should be amended as noted to address this issue.
Recommendation n.A.16. Objective 12 of the Conservation & Coastal Management
Element, and policies 12.1 through 12.7, address protection of the City's shorelines and
water dependent uses. It is recommended that a new Policy be added under Objective 12 to
state that the use of areas designated Water on the Future Land Use Plan Map shall be
limited to recreational and commercial boating facilities (including water taxis and ferries),
the provision of open space and urban relief, recreation, waterways, wetlands, flood
control, stormwater drainage and storage, and natural resource protection and enhancement,
and comply with the. requirements of Chapter 24, "Environmental Protection...", of the
Miami-Dade County Code of Ordinances. It should fhrther state that development in or
above such areas in a manner that will diminish these functions shall be prohibited.
d. Redevelopment Element
The City of A ventura's Comprehensive Plan currently contains two optional elements: the
Economic Development Element and the Urban Design Element. The Economic
Development Element addresses strategies for improving and streamlining the development
approval process to further economic development goals, development of a unified
approach for marketing the City to businesses, and the establishment of Community
Redevelopment Area that includes Thunder Alley, the Hospital District, and the Biscayne
Boulevard corridor. The Urban Design Element contains the original concept plans for the
25
City of A ventura 2005 Evaluation and Appraisal Report
Town Center and Hospital District,15 and calls for the City to enact land development
regulations to implement these conceptual plans.
Recommendation n.A.17. Due to the number of development and redevelopment issues
that the City is facing, and the fact that the concept plans for the Town Center and Hospital
District have changed, it is recommended that the Economic Development and Urban
Design elements be consolidated and expanded into a new Redevelopment Element that
addresses the following issues and initiatives:
By 2007, the City shaH review and amend its land development regulations in order to
provide a cohesive blueprint for development and redeveJopment in the City. The revised
Jand development regulations shall address strategies. to: .
· accommodate growth while maintaining neighborhood integrity;
· ensure appropriate height and site development requirements and design guidelines;
· ensure appropriate transitions and linkages between different neighborhoods and
uses;
· encourage more walkabJe neighborhoods;
· buffer neighborhoods and existing development from the encroachment of
jncompatible uses;
· limit the intensity of future development and redevelopment in a manner that is
consistent with current development patterns, and that minimizes further negative
impacts to the City's infrastructure, traffic congestion, hurricane evacuation
clearance times, and quality of life, and;
· prevent redevelopment of a parcel in a manner that would significantly increase its
existing intensity or density, unless redevelopment of said parcel will implement
specific development and redevelopment goals that are or that might be established
for particu lar areas.
The City shall coordinate with the private sector and other agencies as appropriate, to
implement strategies to market the City of Aventura as a location for new businesses,
promote the retention and expansion of existing businesses, ensure an adequate supply
of non-residential land uses to address economic development goals, provide services
and employment opportunities to existing and future residents, and coordinate
economic development, development, and redevelopment goals;
By 2007, the City shall refine development/design guidelines through the land
development regulations for the Town Center that provides for its redevelopment as a
design-unified downtown that primarily serves City residents. The Town Center shaH
be characterized by a mixture of different urban functions integrated horizontally and
vertically, muhi-modal transportation access and circulation, and high quality urban
design;
IS City of Avenrura Adopted Comprehensive Plan, Urban Design Element. Figure J ,md Figure 2, p. 74 and
76
26
City of A ventura 20.0.5 Evaluation and Appraisal Report
By 2007, the City shall review and amend its land development regulations in order to
reduce potential development/redevelopment intensities on the Biscayne Boulevard
corridor. The City should also evaluate strategies to improve the Biscayne Boulevard
corridor through cohesive design and development patterns, and appropriate
redevelopment.
City of A ventura 2905 Evaluation and Appraisal Report
II.D. TRANSPORTATION
1. Issue Description and Analysis
a. City of Aventura Transportation System
The City of Aventura is located within Miami-Dade County's Urban Infill Area (VIA),
which is designated as a Transportation Concurrency Exception Area, and is exempt from
transportation concurrency requirements. The City has therefore not had to delay or
prohibit development or redevelopment due to transportation concurrency issues between
1995 and 2005.
The City's adopted Level of Service standards for transportation are: a minimum peak
period LOS of E on State and City roads where no public mass transit exists; where mass
transit having headways of 20 minutes or less is provided, roadways shall operate at no
greater than 120 percent of their capacity, and; where extraordinary transit service such as
commuter rail or express bus service exists, parallel roadways within Y2 mile shall operate
at no greater than 150 percent of their capacity. An express bus service is provided in the
City between Aventura Malland Golden Glades, and aiong Biscayne Bou1evard. The
Level of Service standards for roadways are based on the following definitions:
· LOS A - free flow traffic operations at average travel speeds;
· LOS B - stable flow with other users in traffic stream;
· LOS C - uncongested with other users causing significant interactions;
· LOS D - congested stable flow with major delays;
· LOS E - very congested with traffic at or near capacity, and;
· LOS F - extremely congested with breakdown flows.
Inorder to determine the current levels of service on roadways in A ventura, level of service
information was taken from the Miami Dade County MPO 2030 Long Rang Transportation
Plan, which is the official transportation planning document for Miami-Dade County. It
specifies all transportation projects to be planned, designed or constructed within this time
horizon. It utilizes a complex modeling structure which integrates the most recent Censlls
data and traffic information. It then distributes and projects trips, volumes and levels of
service in the future. A new LRTP is developed every five years. This becomes the basis
for detennining and prioritizing transportation needs. To be eligible for federal dollars,
projects must first be part of this plan.
Information indicates that at the time of the counts: Ives Dairy Road was operating at LOS
F, William Lehman Causeway was operating at LOSS, Biscayne Boulevard was operating
at LOS F, and Country Club Drive, Aventura Boulevard,. Waterways Boulevard, and NE
34th Avenue, were all operating at LOS B or better. Overall, this examination determined
that there is capacity remaining on the roadway network (nearly an extra travel lane's
worth, or 2,000 trips). Nonetheless, based on the most recent available data, the City is not
meeting its roadway Level of Service standards on Biscayne Boulevard or Ives Dairy Road.
54
City of Aventura 2005 Evaluation and Appraisal Report
Figure 11.D.1 shows the projected levels of service on the city's roadways during the
planning period. As can be seen, it is projected that by 2030: William Lehman Causeway
will be operating at LOS B; Aventura Boulevard will be at LOS D, and; Country Club
Drive will be mainly at LOS E, with the links approaching the William Lehman Causeway
at LOS F. NE 34th Avenue will be at LOS F and Waterways Boulevard will be at LOS E.
Ives Dairy Road and Biscayne Boulevard will continue to operate at LOS F. Therefore, it
is projected that the City will not be meeting its roadway Level of Service standards for
portions of Country Club Drive, Ives Dairy Road, or Biscayne Boulevard in 2030.
The City's existing transportation system is comprised of more than roadways. Mass
transit service in the City is provided by the Miami-Dade Transit Authority through express
and regular bus service (Figure 11.D.2)23, and by the City of Aventura through its internal
shuttle bus service (Figure n.D.3). The City of Aventura's shuttlebus service boasts an
average monthly ridership of 9,000, and has had a total ridership of 457,138 since its
inception in 199924.
Bicycles and pedestrian paths/sidewalks are another important component of the City's
transportation system. The City provides sidewalks along most major roadways, and
major bicycle and pedestrian paths along Country Club Drive around the Turnberry Golf
Course and-aiong NE 187 Street. fn-addition, there are many waterways in the City that
provide opportunities for recreational boating. Although there is no water taxi service in
the City at present, it might be explored as a future option for trips within the City, and
between the City and other waterfront locales.
23 Miami~Dade Transit Authority, 2005
24 Cifyof Avellfura Shllulebus Ridership Summary, January 199910 Present, City of A ventura Community
Services Department, 2005
55
Legend
Peak Hour level-of-Service
LOSA
-- LOS B
- LOS C
~ LOS D
_i~ LOS E
-- LOS F
Railroad
Street
- Miami-Dade County
~ Broward Countv
r:
City of A ventura Evaluation and Appraisal Report
"lami~Oade..Tf:I.i:t:. .
. ...............
..-. ...., .
Figure II.D.2. MDT A Bus Routes (2005)
J
II
,.1
I
I
I
I
I
I
f
I ..1___
-1\. ....
I'~'\
J~.. . ;t:".
I . ... ~ .
'---..------.
'l',.
""""';,
"""',>
."'. '1
"~~,<L"
:~
CWlatllll SOF<<a
o,lIlItII'~._---_~.._._~!t"J\JJlJl
1aIr"WllefSW'.s,CrIl~___~lt)lJ\J1
In'iMt 1""1hJ1Wf.~____,........ ~
~ fMlaNtlW10H '''''c( (QII
SIIII,...ftzt.-.........~_,........,___._.....:~6:)O !,3Xt
Irr~('\wt...I"'-td~._...__2'ClJ,.SoQ')
:=:;~~~~:=-~~::
1nNl.-.tIlills:.~ l~l........;.-.._....Jll;lJ.I.llI
. .......;...;..~....
...
57
~
City of A ventura Evaluation and Appraisal Report
Figure II.O.3 City of Aventura ShuttlebLls Routes
58
...;.. . Blue Route
...... . Groan Route
....... Red Route
er...,.. . Yellow Route
-"-~---_."'--_._--,~._--
City of A ventura 2005 Evaluation and Appraisal Report
b. Transportation Challenges and Opportunities
A number of issues combine in Aventura to make planning for transportation a challenge.
These include the City's geographic location, in the northeast quadrant of the county, near
the barrier islands and ocean. This .location specifically, and the region as a whole, is one
of the most desirable locations in the nation. Intensification of land uses and limited
capacity present issues to the transportation network. It is clear that the City's existing and
future residents need better and more diverse mobility options.
As noted earlier, Aventura is in a Transportation Concurrency Exception Area, (TCEA).
As practiced to this date, there are essentially no checks and balances on development in
regards to transportation under this system. In May 2005, the State of Florida amended
Section 163.3180, F.S. to require that local governments include provisions in their
Comprehensive Plan to support and fund mobility within Transportation Concurrency
Exception Areas, and demonstrate how mobility will be provided in these areas. The new
legislation further requires that byJuly 2006, local governments evaluate the impact of the
Transportation Concurrency Exception Area on its transportation system, the Strategic
Intermodal Transportation System, and adopted level of service standards of roadways
fundctho accordance with~ction 339.28-19, F;S., and identify strategies to aHeviate or
mitigate such impacts. In accordance with the new requirements, the Florida Department
of Transportation (FOOT) must be consulted to assess the impact on level of service
standards. The City shall coordinate with. FOOT, Miami-Dade County, and other
jurisdictions in the County in the development of common methodologies for measuring
such impacts. lfimpacts are found, the local government and FOOT must work together to
mitigate those impacts. By December 1, 2006 a method for assessing propOrtionate fair-
share mitigation options must be adopted, in accordance with a model ordinance that will
be developed by FOOT on or before December I, 2005. Proofthat cities participating in
this type of system are enhancing alternative modes of transportation, fostering mobility
and ensuring connectivity will also be required. In addition, by 2006 the City shall
maintain records to determine whether the I] 0% de minimus transportation impact
threshold has been reached, and shall submit such documentation as part of its annual
updates to the Capital Improvements Schedule, which shall be incorporated into the
Comprehensive Plan by amendment.
It is anticipated that this legislation will significantly change the impact of the TCEAs, as
proposed development in these areas will be subject to a more stringent review of its
impacts on the transportation system and levels of service.
Transportation and mobility in Aventura may be best served initially by the recommended
amendments to the City's land development regulations. It is recommended that at the
same time, Transportation Concurrency Exception Areas should be maintained under the
2005 legislation, until such time that the City feels this level of care is inadequate. If this
occurs, the City should explore the implementation of more impactful transportation
management tools. In addition it is recommended that the City mitigate impacts to the
59
City of Aventura 2005 Evaluation and Appraisal Report
transportation system by developing an impact fee charged to developers, which would
fund alternative modes of transportation.
It has been noted that there are few if any opportunities to expand the physical capacity of
the roadway network in Aventura. Capacity and mobility improvements will therefore
occur through alternative means. In order to more closely assure that mobility is
maintained in the City as development occurs, the City should examine the implementation
of impact fees to fund the operations and maintenance of the Aventura Circulator.
25 Florida Department ojTransportation and Miami-Dade Counly Traffic COllnt Stations Report, May 4,
2004
26
27 Miami-Dade Transit Authority, 2005
28 City of A ventura Shuftlebus Ridership Summary. January /999 to Present, City of Aventura Community
Services Department, 2005
60
City of Aventura 2005 Evaluation and Appraisal Report
c. Transportation Funding
Funding for transportation projects comes from federal, State and local sources. Most
major projects are funded from federal funds distributed by the MPO. The MPO also
issues several municipal grants each year. The primary source of transportation funding for
cities in Miami Dade County is from the People's Transportation Plan, the half penny sales
tax passed in 2002. Twenty percent of total tax dollars are distributed to the municipalities.
Aventura receives approximately $800,000 per year, of which 20% or $160,000 is to be
spent on transit activities. The following is a description of the transportation funding
process.
i. Federal
The federal government collects 24.4 cents per gallon on diesel and J 8.4 cents per gallon
on gasoline to fund federal transportation projects. Of the amount collected, 2.86 cents
goes to transit, one cent goes to cleaning up leaking tanks, and the remainder goes to roads
and bridges.
Federal transportation funds are currentIyauthorized under the TEA-2 J legislation. The
program acttla~ly expired in 1003, but is operating i1ftder il "ConHltuing resolution due to tile
inability of Congress to pass a new transportation authorization bill. Many of the Federal
programs are available only to State transportation departments, which are .in turn passed
on to County's and local governments. TEA~21 funds are distributed between transit,
highway, and safety projects.
ii. State
The State of Florida collects 10.1 cents per gallon on fuel (diesel and gasoline), that the
Florida Department of Transportation (FOOT) retains. Fifteen percent (15%) of that
money goes to transit and the remainder goes to any legitimate State transportation need.
The State also collects 4.6 cents on gasoline and 5.6 cents on diesel under the SCETS
(State Comprehensive Enhanced Transportation System) tax, which must be spent in the
district that it is collected.
iit Local
The State also collects fuel tax money that is distributed directly back to counties and local
governments. Two (2) cents are collected as the Constitutional Fuel Tax which can go only
to the acquisition, construction, and maintenance of roads. The County fuel tax collects an
additional one (I) cent that can be spent for any legitimate County transportation purpose,
and municipalities collect another one (1) cent that can be spent on any legitimate
municipal transportation purpose. Counties can elect to collect one more cent through what
is referred to as the ninth-cent fuel tax, and between five (5) cents and 11 cents under the
Local Option Gas Tax. The ninth cent and the local option gas tax go back to the local
jurisdiction to meet local transportation needs.
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City of Aventura 2005 Evaluation and Appraisal Report
An additional source of local transportation funds comes from the Charter County
Transportation System Surtax which allows transit counties to collect between .5% and 1%
sales tax on gasoline to be spent on transit programs. These funds must provide for the
distribution of Some funds back to the municipalities. Miami-Dade County collects .5
cent sales tax on gasoline.
The only local transportation money that is not collected from gasoline taxes resulted from
Miami-Dade County's November 2002 passage ofa halfpenny sales tax on merchandise to
develop the People's Transportation Plan. The legislation requires that 20% ofthe sales tax
money be distributed to the municipalities for. their use for transportation related
expenditures. This money is redistributed to the municipalities based upon an annual
popu lation estimate. Twenty percent of the surtax proceeds are distributed to those cities
existing as of November 5, 2002. Surtax proceeds are distributed among existing cities on
a pro rata basis based on the ratio of a city's population to the total of all City populations,
as adjusted annually. Newly incorporated cities have the right to negotiate with the County
for a pro rata share of the surtax. Cities must apply 20% of their funds to transit uses such
as circulators, bus shelters, and bus pull outs. In 2003, the County collected $175 million
dollars, of which $.35 million was distributed to the cities for transportation. The ordinance
that enacted the Y:t cent sales tax identified a number of transportation and transit projects to
be funded through- the-tax,-inc-lud1ng the Northeast Ctlrridor, -a B.6-mHe MetroR-aitcorridor
that will extend from downtown Miami to NE 215 Street, generally along the Biscayne
Blvd.lUS I Corridor and Florida East Coast railroad right~of-way.
It should be noted that current revenues that the City receives for transportation fund only
capital improvements, and do not fund operation and maintenance. It is therefore
recommended that the City enact impact fees and other mechanisms in order to provide for
such funding, improve transportation levels of service, and expand the mobility options of
existing and future residents.
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City of A ventura 2005 Evaluation and Appraisal Report
2. Social, Economic and Environmental Impacts
Section 163.31 9 I (2)(e), F.S., requires that the potential social, economic, and.
environmental impacts of the identified major issues be addressed in the EAR. The social~-
economic and environmental impacts of Issue LO., "Transportation". are addressed as
follows.
Although the City of Aventura has a multimodal transportation system, its existing
transportation system is primarily oriented to the automobile. There are a number of
persons and households, however, who do not have regular access to an automobile, and
who therefore have difficulty accessing employment, recreation and other services
(transportation disadvantaged). Unfortunately, the transportation disadvantaged also tend
to be members of special needs groups (i.e. the elderly, the disabled) with the greatest need
for services. The resulting cycle exacerbates the very factors that contributed to their
disadvantages in the first place. The provision. of an increased range of mobility
alternatives will therefore increase the access of transportation disadvantaged persons and
households to employment and services, with associated positive economic and social
benefits.
The provision of an improved multi-modal transportation system will have a number of
other positive economic benefits. Employers benefit by the improved access of existing
and potential employees to the workplace, and businesses benefit from being more
accessible to their customer base. Moreover, a good transportation system can be a key
factor in attracting new employers and businesses to the area.
Automobiles have a number of negative environmental impacts, including traffic
congestion, air pollution, and energy consumption. The provision .of alternatives to the
automobile for local and regional trips lessens these negative environmental impacts.
Moreover, mobility alternatives are perhaps the most important mctors in reducing urban
sprawl, and fostering more efficient land use patterns and reduced land consumption.
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City of Aventura 2005 Evaluation and Appraisal Report
3. Comprehensive Plan Impacts and Recommendations
Section 163.3 191 (2)(g), F.S., requires that the EAR evaluate the plan objectives within
each element as they relate to the major issues and identify, where appropriate, unforeseen
or unanticipated changes in circumstances which have resulted in problems or opportunities
with respect to the major issues. Issue I.D., "Transportation", impacts:
· Objectives 3 and 8 of the Future Land Use Element, and policies thereunder, as they
address strategies to ensure the availability of services and infrastructure to
accommodate new development and redevelopment and procedures to amend the
Comprehensive Plan;
· The Transportation Element in its entirety;
· Objectives 2 and 3 of the Capital Improvements Element, and policies thereunder,
as they address strategies to ensure the availability of services and infrastructure to
accommodate new development and redevelopment, and;
· Policy 1.6 of the Intergovernmental Coordination Element is impacted because it
calls for the establishment of a coordinated regional transit system for the
transportation disadvantaged.
Specific recommendations to amend the Comprehensive Plan to address the issue of
transportation are as follows:
a. Transportation Element
Recommendation II.D.l. Add a new Objective to the Transportation Element stating
that by 2007, the City shall review and amend its land development regulations in order to
provide a cohesive blueprint for development and redevelopment in the City to ensure that
new development enhances mobility options and that redevelopment does not further
degrade transportation levels ofservice.
Recommendation II.D.2. Add a new Policy under Objective I stating that beginning in
2006, the City of Aventura shall annually evaluate the impact of the Transportation
Concurrency Exception Area on its transportation system, the Strategic Intermodal
Transportation System, and adopted level of service standards of roadways funded in
accordance with Section 339.2819, F.S., and identify strategies to alleviate or mitigate such
impacts. In accordance with the new requirements, the Florida Department of
Transportation (FOOT) must be consulted in the evaluation of such impacts. The City shall
coordinate with FOOT, Miami-Dade County, and other jurisdictions in the County in the
development of common methodologies for measuring such impacts. If it is determined
that the Transportation Concurrency Exception Area is no longer adequate, the City shall
explore the implementation of more impactful transportation management tools.
Recommendation 1I.D.3. Add a new Policy under Objective I of the Transportation
Element stating that the City will continue to identitY projects to support and fimd mobility,
enhance alternative modes of transportation, and ensure connectivity in its Capital
Improvements Program in accordance with Section 163.3180, F.S.
64
City of Aventura 2005 Evaluation and Appraisal Report
Recommendation II.D.4. Add a new Policy under Objective I stating that beginning in
2006, the City shall evaluate the impacts of proposed development and redevelopment on
its transportation system, Strategic Intermodal System facilities, and the adopted level of
service standards of transportation facilities that are funded in accordance with Section
339.2812, F.S., and identify strategies to alleviate or mitigate such impacts in coordination
with the developer and other agencies as appropriate. In accordance with the new
requirements, the Florida Department of Transportation (FDOT) must be consulted to
assess the impact ofa proposed development on level of service standards. The City shall
coordinate with FDOT, Miami-Dade County, and other jurisdictions in the County in the
development of common methodologies for measuring such impacts.
Recommendation 11.0.5. Add a new Policy under Objective 1 stating that by 2007 the
City will develop impacts fees and other methods by which developers can mitigate
impacts to the transportation system by contributing funds for alternative modes of
transportation, particularly the expansion, operation and maintenance of the Circulator
S )'stem.
Recommendation n.D.6. Add a new Policy under Objective 1 stating that the City
shall adopt a method for assessing proportionate fair-share transportation impact mitigation
options, in accordance with a model ordinance that will be developed by FDOT.
Recommendation 11.0.7. Add a new Policy under Objective I stating that the City shall
maintain records to determine whether the 110% de minimus transportation impact
threshold has been reached, and shall submit such documentation as part of its annual
updates to the Capital Improvements Schedule, which shall be incorporated into the
Comprehensive Plan by amendment.
65
Exhibit B
LAND DESCRlIYJ'ION
ZONNll~GB2
GULFS'iREAM PARK
CITY OF A VENTUR.t\, MIAlVII-DADE COUNTY, FLORIDA
Portion of Tract A, DONN ACRES, according to the plat thereof as recorded in Plat
Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more
particularly described as follows: *"
COMMENCE at the Northeast comer of Tract B of said DONN ACRES and the
Northeast corner of Section 34, Township 51 South, Range 42 East;
THENCE South 88001'22" "Vest on the North line of said Tracts A and B and the North
line of said Section 34, a distance of 1,374.03 feet to the POINT OF BEGINNING;
THENCE South 01058;49" East, a distance of 629.41 feet to the intersection with the
North line of a parcel of laud conveyed to the City of Aventura tor highway purposes by
Right-of- Way Deed recorded in Official Records Book 17.973. Page 3869 of the Public
Records of Miami-Dade County, Florida;
THENCE on said North line of a Parcel of land conveyed to the City of Aventura the
following four (4) courses and distances;
1. South 88001 '22" West, a distance of 1078.63 feet to the beginning of a tangent
curve concave to the North;
2. Westerly on the arc of said curve having a radius of 614.09 feet, through a c.entral
angle of 21 005'30", an arc distance of226.06 feet;
3. North 70053'08" West, a distance of 131.73 feet to the beginning of a tangent
curve concave to the Northeast;
4. Northwesterly on the arc of said curve having a radius of 25.00 feet, through a
central angle of 88053'36", an arc distance of 38.79 feet to a point of rcversc
curvature with a curve concave to the Northwest, said point being located on the
West line of said Tract A, DONN ACRES;
THENCE Northeasterly on said \Vest line of Tract A and on the arc ofsnid curve having
a radius of 3909.83 feet, through a central angle of 07046'10", an arc distance of 530.18
feet to the Northwest corner of said Tract A and the intersection with said North line of
Section 34;
l'rc;>ufl."Il By
CALVIN, GIORDANO AND ASSUCIATES, rNC
1800 Eller Ol;ve, Suite 600
Fort LaudcnJalc, FI..'ida 3.l:316
September 09,2006
P:\Proj~'C\s\2001\01219J G\llisll'Cllln Park r>"u",bri' SuriCY or' Miami Dad'::Pc1Itiun\SURVEY\Lcgal DC5criptions\7.onni!\iLB2 Arca
Rcvi sed 9,08-2006 doc
Sheet 1 of 3 Sheets
THENCE North 8 $"01'22" Ea~tol1 'said:Nol-thlil1t:l OfJ;ra.ct A and . .sal<i' North ,line .of
Section 34"adistancGOf 1,290,lJfe~tto iliepg,INT,:GPBEGJJ\1J\TING;
Said lands lying in the City of Aventura,Mial11i-Dade CQunty,Floridaand containing'
851 j612sqwtre feet (1.9.5.5 0 acres) moreo'rIess.
NOTES:
1. Not.. valid "vithout the Sl&,'1111tgre 4Adorigi11aJ embQssedscal of a Florida licensed
Professional SurveyotandM~pper.
2. Lan4s'd~scrib~d ,'hereon,'weren~t'a,b~tl'~~t7a,'b'YJl1e$tU"VP'Y()t,for., oWfi~t$bjpj .
easementS, rights.of~wayor()fher. in$tW111cnts. thatJl1<lY' appear in thePllblic
R.ecotdsOfN1lami-Dacle,'PCl11nfy. ........,..'........... .,.'.'. '. ..... .,'.... .....' ..
... .
. .
. - ,. --. -,..
" ". -.
3. ~1f~~~~~~if~.;~r~~e~l;i!=C~ri~~i~~.
4. The descnptioucontainedherein and the ,attachedskctcb.dQesuotrepresent a
field Boundary Survey.' . .
. .cr-f2:t~ .
PI'Cjl;ll'Cd' .By:
CAL \fIN, GIORDANO AND ASSOCIATES, INC.
1800 Eller Drive., Sulle 600
Furt Lauderdale, Fto!'\da :l3 316
SeptcmbeTQ9,2006
1': \Pro] tcls\200 1\0 1 Z 1 93 Gill ['slTt'.", Park Houtld:l.ry Su rvey I) r Miami :Dude Porth:>n IS U R VEY\Legal. Deseri pti ons\Zollll ;nlL S2 r\re..
Re,"'i~"d 9--08-2006.doc
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