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09-03-2002 au r'nmm;IIIIMn Jeffrey M. Perlow, Mayor Arthur Berger lay R. Be.kin Ken Cohen Manny Grossman Harry Holzberg Patricia Rogers-Libert The City of Aventura <i) ~'I-,,,.,,,,,,,,,,,,,,' City Y,n.t:Ir*r . Eric M. Soroka City Clerk Teresa M. Soroka, CMC City AtromV Weiss Serota Helfman Pastoriza & Guedes AGENDA SEPTEMBER 3,2002 - 6 PM Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to comment upon any of these items, please inform the Mayor when he requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT USES THAT EXCEED THE HEIGHT LIMITATIONS SET OUT IN THE TCI (TOWN CENTER) DISTRICT; CONDITIONAL USE APPROVAL TO PERMIT FLOOR AREAS THAT ARE LESS THAN THE MINIMUM FLOOR AREA REQUIRED IN THE TCI (TOWN CENTER) DISTRICT; CONDITIONAL USE APPROVAL TO PERMIT ALLOCATION OF INTERIOR SPACES OTHER THAN AS SET FORTH IN THE TCI (TOWN CENTER) DISTRICT; AND CONDITIONAL USE APPROVAL TO NUMBER OF OFF- STREET PARKING SPACES THAT DOES NOT MEET THE REQUIREMENT OF SECTION 31-171 (B) OF THE CITY'S SqilrDiIlr 3, 2002 C.......... ~ LAND DEVELOPMENT REGULATIONS; FOR PROPERTY LOCATED AT 18741 BISCAYNE BOULEVARD, CITY OF A VENTURA; PROVIDING FOR CONDITIONS OF APPROVAL, PROVIDING AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED PURSUANT TO RESOLUTION NO. 2001-38 ADOPTED JUNE 5, 2001; TO MODIFY CONDITION 11 OF SECTION 1 OF THE RESOLUTION TO PROVIDE THAT CERTAIN APPROVALS MAY CONTINUE NOTWITHSTANDING PARTIAL REDEVELOPMENT OF THE CENTER; FOR PROPERTY LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 187 STREET AND NE 191 STREET, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR CITY NATIONAL BANK OF FLORIDA, LOCATED AT 2875 NE 191 STREET, TO ALLOW TWO WALL SIGNS, EACH 656 SQUARE FEET IN AREA ON THE NORTH AND SOUTH ELEVATIONS WHERE TWO WALL SIGNS MEASURING 240 SQUARE FEET EACH IN AREA ARE ALLOWED; APPROVING A SIGN VARIANCE TO PERMIT TWO WALL SIGNS TO BE LOCATED MORE THAN 50% ABOVE THE BUILDING'S ROOFLlNE; PROVIDING AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31-171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A PARKING PAVEMENT SETBACK OF 7' WHERE A 10' PARKING PAVEMENT SETBACK FROM THE RIGHT-OF-WAY IS REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-171(a)(6) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW AN ENTRANCE DRIVE MEASURING 21' WIDE WHERE A MINIMUM WIDTH OF 24' IS REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 0' LANDSCAPED BUFFER ON THE NORTH LIMIT, A 4' LANDSCAPED BUFFER ON THE SOUTH LIMIT AND A 6'7" LANDSCAPED BUFFER ON THE EAST LIMIT WHERE A 7' LANDSCAPED BUFFER IS REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-144(c)(5) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW OPEN 2 Sepam 3, 2002 C.......... ~ SPACE OF 28.45% WHERE 33% OPEN SPACE IS REQUIRED IN THE B2 (COMMUNITY BUSINESS) DISTRICT; GRANTING VARIANCE FROM SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A DRIVEWAY SEPARATION OF 100' WHERE SEPARATION OF 330' OF LANDSCAPED FRONTAGE ON ARTERIAL ROADS IS REQUIRED BY CODE; FOR PROPERTY LOCATED AT 19145 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. 4. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENTATIONS: Certification of Appointment to Stuart Werner as a member of the Economic Development Advisory Board 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: July 2, 2002 Commission Meeting July 18, 2002 Commission Meeting July 18, 2002 Workshop Meeting August 6, 2002 Visioning Session B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF A VENTURA AND CLEAR CHANNEL COMMUNICATIONS, INC. CONCERNING COMMERCIAL ADVERTISING SIGNS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute agreement with Clear Channel Communications which provides for the removal of two billboards and the preservation oflandscaping on Biscayne Boulevard) C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES FOR THE COMMUNITYIRECREATION CENTER PROJECT BETWEEN THE CITY OF A VENTURA AND SEVERN TRENT ENVIRONMENTAL SERVICES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO 3 SqilrDiIlr 3, 2002 C.......... ~ CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute agreement for Management Services for Community/Recreation Center Project) D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, SUPPORTING THE SEPTEMBER 10,2002 BALLOT INITIATIVE TO AMEND THE MIAMI-DADE COUNT CHARTER TO NAME THE INDEPENDENT SPECIAL DISTRICT FOR CHILDREN'S SERVICES "THE CHILDREN'S TRUST" HAVING AUTHORITY AS SET FORTH IN SAID BALLOT ISSUE; AND PROVIDING AN EFFECTIVE DATE. (Supports passage of County Charter amendment providing for The Children's Trust) E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A TOWING CONTRACT TO MIDTOWN TOWING OF MIAMI, INC. AND A BACKUP TOWING CONTRACT TO GOLD COAST TOWING; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Awards bid for towing services to Midtown Towing of Miami, and Gold Coast Towing as backup) F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO FILE THE FISCAL YEAR 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT ATTACHED HERETO; ACCEPTING THE ASSURANCES CONTAINED IN EXHIBIT "A" ATTACHED THERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to file grant for funds to be utilized to offset costs associated with security system for A ventura Charter Elementary School) G. MOTION TO DISPLAY A PHOTOGRAPH OF FORMER MAYORS IN GOVERNMENT CENTER 7. ORDINANCES: FIRST READING/PUBLIC INPUT: 4 SqilrDiIlr 3, 2002 C.......... ~ A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 4, "ALCOHOLIC BEVERAGES," BY AMENDING PARAGRAPH (A) "DISTANCE FROM OTHER ESTABLISHMENTS", PARAGRAPH (B) "DISTANCE FROM RELIGIOUS FACILITY OR SCHOOL", AND PARAGRAPH (E) "EXCEPTIONS TO SPACING AND DISTANCE REQUIREMENTS," OF SECTION 4- 2 "LOCATION OF ESTABLISHMENTS"; AND BY REPEALING SECTION 4-6 "ZONING DISTRICT REGULATIONS" TO CLARIFY THAT CONDITIONAL USE IS THE APPLICABLE CRITERIA AND TO DELETE THE OBSOLETE REFERENCE TO MIAMI-DADE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING CHAPTER 42, "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES," ARTICLE II "NEWSRACKS" OF THE CITY CODE; AMENDING SECTION 42-32 "DEFINITIONS" TO ADD NEW DEFINITIONS FOR THE TERMS "CITY-OWNED NEWSRACK" AND "NEWSRACK PORTICO;" AMENDING SECTION 42-33 "PROHIBITED NEWSRACKS" TO REQUIRE REMOVAL OF PRIVATE NEWSRACKS ON PUBLIC PROPERTY NOT LOCATED WITHIN A NEWSRACK PORTICO; AMENDING SECTION 42-34 "PERMIT REQUIRED" TO REQUIRE PERMITS FOR THE USE OF CITY-OWNED NEWSRACKS; AMENDING SECTION 42-35 "APPLICATION FOR PERMIT; APPROVAL OF LOCATION" TO REQUIRE THAT THE LOCATION OF THE NEWSRACK PORTICO OR CITY-OWNED NEWSRACK BE SPECIFIED ON THE PERMIT APPLICATION; AMENDING SECTION 42-36 "ISSUANCE OF PERMIT; CONDITIONS; FEES" TO REQUIRE A FEE FOR THE USE OF A CITY-OWNED NEWSRACK; AMENDING SECTION 42-37 "INDEMNIFICATION" TO REQUIRE INDEMNIFICATION BY PERSONS UTILIZING CITY-OWNED NEWSRACKS; AMENDING SECTION 42-38 "IDENTIFICATION OF DISTRIBUTOR TO BE POSTED ON NEWSRACKS" TO REQUIRE IDENTIFICATION ON PRIVATE NEWSRACKS; AMENDING SECTION 42-39 "LOCATION, PLACEMENT AND NUMBER" TO REQUIRE THAT PRIVATELY OWNED NEWSRACKS ON ANY PORTION OF A PUBLIC RIGHT-OF- WAY BE PLACED IN A NEWSRACK PORTICO; AMENDING SECTION 42-40 "EQUIPMENT STANDARDS; ADVERTISING; MAINTENANCE" REGARDING THE MAINTENANCE OF PRIVATELY-OWNED NEWSRACKS; PROVIDING PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR 5 SeplIIR 3, 2002 ()mIiooiM ~ SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO SPECIFY THE ENFORCEABILITY OF RESTRICTIONS, LIMITATIONS OR CONDITIONS INCLUDED IN ALL DEFINITIONS; AMENDING THE DEFINITION OF "HOTEL," AND CREATING RESTRICTIONS, LIMITATIONS OR CONDITIONS CONCERNING HOTELS; AMENDING DEFINITION OF "RESIDENCE OR RESIDENTIAL USE," CREATING DEFINITION FOR "MULTI-FAMILY RESIDENTIAL DWELLING;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31-145 "TOWN CENTER DISTRICT (TC1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD CONDITIONAL USE REGULATIONS REGARDING MINIMUM FLOOR AREAS, ALLOCATIONS OF INTERIOR SPACE, STRUCTURED PARKING REQUIREMENTS, DRIVEWAY STANDARDS AND OFF-STREET PARKING REQUIREMENTS IN THE TCl ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING PARAGRAPH (k) "MODIFICATIONS TO RECORDED PLATS" OF SECTION 31-78 "SUBDIVISION PLAT APPROVAL" OF THE CITY'S LAND DEVELOPMENT REGULATIONS REGARDING SUBDIVISION REQUIREMENTS AND EXCEPTIONS BY PROVIDING FOR DECLARATIONS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS: None. 10.0THER BUSINESS: None. 11.PUBLlC COMMENTS 6 Sepam 3, 2002 c.......... ~ 12.REPORTS 13.ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS Commission Workshop September 19,2002 2nd Budget Hearing September 19, 2002 10:00 a.m. Executive Conference Rm 5:45 p.m. Commission Chamber Commission Meeting October I, 2002 6:00 p.m. Commission Chamber This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the A ventura City Commission with respect to any matter considered at such meeting or heariog will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of A ventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. 7 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: TO: City Commission FROM: BY: August22,2002 . ',''- SUBJECT: Request of The Related Group of Florida for Conditional Use approval to permit development of Phase 1 of the Town Center at 18741 Biscayne Boulevard (05-CU-02) September 3,2002 City Commission Meeting Agenda Item3A. RECOMMENDATION It is recommended that the City Commission approve the request for conditional use approval for Phase 1 of the Town Center redevelopment project, subject to the conditions outlined in this report. THE REQUEST The applicant, The Related Group of Florida, is requesting Conditional Use approval to permit the following uses in Phase 1 of the Town Center development: 1. An 11 story residential building, where a maximum of 4 stories are permitted by Code. 2. A 7 story residential building, where a maximum of 4 stories are permitted by Code. 3. Floor area minimum of 750 square feet for one bedroom units, where a minimum of 900 square feet is required by Code. 4. Floor area minimum of 1,025 square feet for two bedroom units, where a minimum of 1050 square feet is required by Code. 5. Residential uses on the ground floor, where retail and office uses only are permitted on the ground floor by Code. 6. 825 parking spaces, where 1,066 parking spaces are required by Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY The Prudential Insurance Company of America APPLICANT The Related Group of Florida ADDRESS OF PROPERTY 18741 Biscayne Boulevard Loehmann's Fashion Island Shopping Plaza LEGAL DESCRIPTION Part of Tract "A", Part of Tract "B" and all of Tract "C", Regina Square Subdivision, as recorded in Plat Book 113, Page 27 of the Public Records of Dade County SIZE OF PROPERTY Approximately 26.2 acres for entire site Approximately 6.27 acres for Phase 1 site EXISTING ZONING TC1, Town Center District B3, Heavy Business District FUTURE LAND USE DESIGNATION Town Center (TC1 zone) Business and Office (B3 zone) Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Existing Use - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: TC1, B3, TC1, B2, TC1, TC2, U, Town Center District and Heavy Business District Town Center District Community Business District; Town Center District and Town Center Marine District Utilities District Loehmann's Fashion Island Shopping Plaza Office and retail uses Office and retail uses Office and retail uses Biscayne Boulevard and the F.E.C. Railroad Future Land Use Designation - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Property to the North: Town Center and Business and Office Town Center 2 Property to the South: Property to the East: Property to the West: Business and Office Town Center Biscayne Boulevard and the F.E.C. Railroad ROW The Site - The subject site, Loehmann's Fashion Island Shopping Plaza, is located in the block bounded by Biscayne Boulevard to the west, NE 29 Avenue to the east, NE 187 Street to the south and NE 190 Street to the north. (See Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph). The Project - The applicant has submitted a site plan for development of Phase 1 of a Town Center on the Loehmann's Fashion Island Shopping Plaza site. Phase 1 is located in the southeast corner of the site and consists of two residential buildings, 11 stories and 7 stories in height with a total of 498 units, a 4-story parking structure with 734 parking spaces connecting the two towers and retail uses on the ground floor of the north elevation of both buildings. Recreational amenities are proposed on the ground floor for each building. This phase is proposed in two stages; the first being the demolition of the existing retail buildings marked AA, BB, CC, DO and EE on the Demolition Plan to make way for construction of the buildings and the second stage being demolition of the existing retail building marked FF on the Demolition Plan to complete the interface of the new residential and retail uses with the existing plaza and to allow construction of part of the first new street in the Town Center master plan. These two stages are shown on the plans numbered A.100, Site Plan Opt.1-A and Site Plan Opt. 1-B. Staff proposes two conditions of approval for two stages of Phase 1, those being, that the perimeter of the Phase 1 site be screened from the view of the rear of Buildings FF and JJ by way of walls and landscaping and that second stage of Phase 1 be completed within one year of the date of issuance of the final certificate of occupancy or temporary certificate of occupancy for the first stage. The Traffic Study submitted by the applicant and approved by the City's Traffic Consultant indicates that a traffic signal is required at this time at the intersection of NE 187 Street and NE 28 Court and that timing changes are required at the existing traffic signals at the intersection of NE 29 Avenue and NE 190 Street and at the intersection of NE 187 Street and Biscayne Boulevard. The applicant will be responsible to arrange for the timing changes to the existing signals and has voluntarily agreed to fund the installation of the traffic signal at the intersection of NE 187 Street and NE 28 Court. There is currently traffic congestion at the corner of NE 187 Street and Biscayne Boulevard. The City will make request to the Florida Department of Transportation and Miami-Dade County that the traffic signal at this corner be relocated to the intersection of the existing entrance into Loehmann's Plaza and Biscayne Boulevqlrd and also request that left-hand turns (southbound and eastbound) be eliminated from the intersection of NE 187 Street and Biscayne Boulevard. The applicant has agreed to support this request to Fiorida Department of Transportation and Miami-Dade County: The applicant has also submitted a conceptual master plan for the overall Town Center development to demonstrate how Phase 1 could integrate with the existing plaza and 3 with future Town Center development. This conceptual master plan proposes a 2-story retail use block fronting Biscayne Boulevard, a public plaza area with fountain at the terminus of the main entrance, one 3-story and one 8-story parking structure, a 10-story office tower, retail/restaurant/office and retail/residential blocks and a grocery store. Transit stops and a shelter are proposed, along with bike racks to promote multi-modal uses. Wide sidewalks, arcades and pedestrian connections are envisioned throughout the Center to provide a comfortable and safe pedestrian environment. On-street parking spaces are provided. Discussions are underway between the City and the owner for future location of a cultural arts center in the Town Center. A proposed Term Sheet has been submitted to the City Commission which will allow the City to exercise its option to utilize sites for the cultural arts center. The conceptual master plan is planned to proceed in phases. It is noted that staff's concern as to lack of a timetable for completion of future phases of the Town Center cannot be addressed by this applicant as the future phase lands are under separate ownership and the ability to move forward with other phases of the master plan is dependent on market conditions. The applicant has advised that the owner of the balance of the parcel anticipates proceeding when market conditions are favorable. The Phase 1 residential development is proposed as the impetus for development of the future phases. Detailed site plans will be required for each subsequent phase. ANALYSIS Citizen Comments. The Community Development Department has received no written citizen comments about this application. Community Development Department Analysis - The Applicant is requesting Conditional Use approval to permit uses that exceed the height limitations, floor areas that are less than the minimum floor areas required, allocation of interior space other than that set out in the TC1 zoning district and number of off-street parking spaces that does not meet the requirements of the City Code. These proposed uses are permitted in the TC1 (Town Center) District following conditional use approval. The original concept plan for Town Center development on this site was envisioned as a live, work, shop place based on the plan prepared by the City's Planning Consultants, Wallace, Roberts, Todd in March of 2001. That plan laid out a main east/west boulevard with entrance from Biscayne Boulevard in the middle point of the parcel with public esplanade lined by ground floor retail with office/residential uses above. Office buildings with a parking structure were proposed fronting Biscayne Boulevard. A large parking structure was proposed fronting NE 187 Street. Other mixed-use structures were proposed along several secondary roadways running east/west and north/south within the center. The Consultant's goals, objectives and criteria for the Town Center were that it should not be inwardly focused, it should be like a downtown but not an entertainment center, a small civic space is desirable, the center must be pedestrian oriented, buildings shouid be aesthetically pleasing and that affordable housing and a grocery store are desirable components. They noted that the Town Center should not 4 compete with the Aventura Mall but rather provide a complementary type of experience and mix of uses. The plan has been revised several times to address City staff's concerns and now incorporates the Town Center Study goals, objectives and criteria noted above. The applicant has made the following improvements from its original submission: 1. The original conceptual master plan proposed a small public plaza and multiple road patterns. One of the north/south roads has been eliminated to simplify the internal roadway pattern and the public plaza area has been extended to provide a larger gathering place and better pedestrian connection to the Center. 2. The original conceptual master plan proposed a stand-alone parking structure in the southwest portion of the site. Retail uses have now been added to this block along the access avenue at ground level. 3. A transit stop and shelter is now indicated on the main boulevard, with additional stops at the grocery store and at the residential buildings. Bike racks will be placed strategically within the center. 4. The original Phase 1 submission proposed only residential uses and associated parking with no mix of uses and no interface with the existing plaza. The most recent submission proposes retail uses on the ground floor of the north elevation to integrate with the existing plaza and the future east/west street. 5. Pedestrian connections from Phase 1 to the existing plaza have been defined. 6. Building FF shown on the Demolition Plan is scheduled to be demolished to eliminate the view from the residential buildings to the rear of a retail building and to construct an interface for the residential phase with the existing plaza. Screening is proposed along the rear of Building JJ. 7. The fayade of the parking structure in Phase 1 has been redesigned to match the fayade of the principal buildings. 8. Carport structures with awnings have been added to the parking area on the top floor of the Phase 1 parking structure to screen vehicles from view of apartment residents. The Phase 1 buildings have been designed to integrate with the existing ,plaza. Once both stages of Phase 1 are completed, the retail uses on the north elevation of the ground floor of the east and west towers will face the existing buildings that presently house the International Jewellers Exchange, the Fish 54 restaurant and other retail uses in that block. Parking will be constructed on the internal drive to serve both the proposed and existing retail uses and pedestrian connections will be established. Phase 1 has further been designed to comply with the residential to non-residential ratio 5 requirements of the TC1 zoning district in the event that future phases of the Town Center are not constructed. If only Phase 1 were to be developed and the balance of the existing plaza was not redeveloped, the residential (649,134 square feet in Phase 1) to non-residential (30,720 square feet of retail and office in Phase 1 and 190,023 square feet of existing retail) ratio would be 2.94:1. The proposed residential to non-residential in the conceptual master plan is 1.8:1. Both ratios comply with the TC1 zoning district which permits a mix of uses with the ratio of square feet dedicated to residential and non-residential uses is between 3:1 and 1 :3. Approval of the Phase 1 plan as submitted will require City Commission's approval of conditional uses that exceed the height limitation, floor areas that are less than the minimum floor areas required, allocation of interior space other than that set out in the TC1 zoning district and number of off-street parking spaces that does not meet the requirements of the City Code. The request for uses that exceed the height limitation of 4 stories in the TC1 zoning district is created by the design of the master plan with the majority of total residential units permitted located in Phase 1, that is, 498 units in Phase 1 where a maximum of 655 units are permitted for the entire site. An 11 story tower is proposed to the west, a 7 story tower to the east and a 4 story parking structure connecting the two buildings which is substantially shielded from public view by the two residential structures and is designed with similar fa9ade. The differing heights and the architectural design of the towers and parking structure provide an attractive vista and are consistent with the heights of the other TC1 properties in the area. The original application requested conditional use approval for a 10 story west tower, however, this has been revised to 11 stories to accommodate a new unit mix. The request for reduced floor areas in the one and two bedroom units in the Phase 1 buildings is based on the market studies conducted by the applicant and also based on the applicant's experience with unit sizes in its other mixed use developments in South Florida. The floor area minimum proposed for the 1 bedroom unit is 750 square feet where 900 square feet is required by Code, and the floor area minimum proposed for the 2 bedroom unit is 1025 square feet where 1050 square feet is required by Code. The three bedroom unit proposed at 1350 square feet exceeds the City's Code requirement of 1200 square feet minimum. The unit mix submitted is 27% 1 bedroom, 64% 2 bedroom and 9% three bedroom. The applicant has advised that unit sizes are similar in its other mixed use developments recently completed or under construction in . the Tri-County area. In City Place at West Palm Beach, unit sizes are 700 square feet for 1 bedroom, 1128 square feet for 2 bedrooms and 1405 for 3 bedroom units. At Gables Grand in Coral Gables, its smallest 1 bedroom unit is 760 square feet, the 2 bedroom unit is 961 square feet and the 3 bedroom unit is 1306 square feet. Staff believes that the proposed unit sizes would not violate the spirit and intent of a town center district, which is compact urban development. ') The request for allocation of interior space other than that set out in the TC1 zoning district is required to recognize that residential uses are located on the ground floor of 6 the east, west and south elevations of the Phase 1 buildings. Retail uses are proposed on the ground floor of the north elevation only. The TC1zoning district provides that residential uses are permitted only on the second or higher floors: The conceptual master plan proposes the majority of smaller retail uses on internal roadways within the Town Center to provide close proximity to each other and ease of pedestrian travel between establishments. The retail uses proposed in Phase 1 are oriented in this fashion. The applicant is also requesting conditional use approval for parking spaces in Phase 1 less than that required by the City Code. The Code requires 1,066 spaces based on the residential and retail uses, where 825 spaces comprised of 734 spaces for residential uses and 91 spaces for retail uses, or 1.47 spaces per residential unit are proposed. In support of this proposed parking ratio, the applicant has submitted the following parking ratios for its other recent developments: Gables Grand, Coral Gables · 195 tower units with approximately 36,000 square feet of retail · 305 parking spaces for residential @ 1.56 per unit City Place, West Palm Beach · 264 courtyard units, 128 tower units, 110 flats & lofts & 84 condominiums · 771 parking spaces for residential @ 1.46 per unit The Mark at City Place, West Palm Beach . 186 tower units · 265 parking spaces @ 1.42 per unit The Residences at the Village of Merrick Park, Coral Gables · 120 tower units and approximately 35,000 square feet of retail · 180 parking spaces for residential @ 1.50 per unit It has also advised that based on select National Multi-Housing Council tabulations based on internal surveys and U.S. Census Bureau's Current Population Survey for 2001, the mean number of motor vehicles per new apartment household is 1.4. Staff has contacted the two municipalities listed above to ascertain if the indicated parking ratios function satisfactorily in mixed use developments in their cities. The City of West Palm Beach's downtown parking standards require 1.25 parking spaces for a 1 bedroom unit and 1.5 spaces for 2 bedrooms. No parking concerns were expressed by planning staff. Coral Gables requires 1.5 spaces for 1 and 2 bedroom units and 2 spaces for 3 or more bedrooms. Mixed use projects may request a reduction of 10 - 20% in required parking. This is allowed because of the complementary nature of the demand retail and residential parking. Most retail demand occurs during the day, while residential demand occurs during the evening. 7 Criteria According to Section 31-73 of the City Code, an application for Conditional Use will be evaluated using the following criteria: (a) The proposed use shall be consistent with the comprehensive plan. The use is consistent with the City of Aventura Comprehensive Plan, which designates the future land use category for this site as Town Center. (b) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance or operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. (c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with the community character of the immediate neighborhood of the proposed use. There is an existing mix of retail, office and residential uses in the immediate neighborhood of NE 28 Court, NE 29 Avenue, NE 187 Street, NE 190 Street and NE 191 Street. The City Commission has reviewed the overall concept and future of this area of the City and has determined that a mixed use, town center development on this site will be beneficial to businesses and residents. (d) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs. The applicant's attorney has confirmed in the Letter of Intent (Exhibit 1 to this report) that utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirements of the City's Land Development Regulations. (e) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the Phase 1 parking structure is proposed through an entrance on NE 187 Street at NE 28 Court with an exit into the plaza to the north, a drop-off, pick- up area on both NE 29 Avenue and the westerly internal drive. The applicant has submitted a Traffic Study which indicates that a traffic signal is required at this time at the intersection of NE 28 Court and NE 187 Street. Signal timing changes are required at the existing light at the intersection of NE 29 Avenue and NE 190 Street and at the 8 existing light at the intersection of NE 187 Street and Biscayne Boulevard. The applicant has voluntarily agreed to fund the installation of a traffic signal and will make arrangements with Miami-Dade County for the timing changes at the existing signals, prior to issuance of a certificate of occupancy or temporary certificate of occupancy. The applicant has also indicated that it will support the City in a request to FOOT and the County to prohibit left turns at the intersection of NE 187 Street and Biscayne Boulevard and relocate the existing traffic signal at that intersection to the intersection of the present entrance road into Loehmann's Plaza and Biscayne Boulevard. This will alleviate the existing traffic congestion at the corner NE 187 Street and Biscayne Boulevard. (f) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The property to the north is zoned for similar mixed-use development. The property to the south is zoned Community Business district and contains an existing retail plaza. The properties to the east are zoned Town Center and Town Center Marine Districts and include an existing marina and an office/retail complex under construction. To the west of this site lie Biscayne Boulevard and the Florida East Coast Railway. (g) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The Phase 1 buildings have been designed to interface with the existing center. The retail component on the ground floor of the north elevation faces the streets and retail/residential buildings to be constructed as part of the master plan. The main entrance to the buildings is through the garage on NE 187 Street. Drop-off and pick-up areas are provided on the east and west sides of the buildings. A shuttle bus stop area has been provided at the westerly drop-off pick up area. The eleven story tower is located across the street from the eleven story office tower under construction on NE 29 Avenue. The seven story tower is designed to step down for visual interest. Both buildings are connected to the four story parking structure and the parking structure fa<;:ade has been designed to resemble the principal buildings. The elevations on NE 187 Street and NE 29 Avenue will be well buffered with landscaping to minimize visual impacts on adjacent property. CONDITIONS It is recommended that the City Commission approve the request for the Conditional Use in Phase 1 of the Town Center development, subject to the following conditions: STANDARD CONDITIONS 9 1. Plans shall substantially comply with those submitted as follows: . "Conceptual Redevelopment of Loehmann's Fashion Island, 18711 Biscayne Boulevard, Master Plan Phase One: The Residences at Aventura", Index to Drawings, Site Plan Resubmission 26 August 2002, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Demolition Plan", Sheet AOO, prepared by The Related Group of Florida, signed and sealed. . "Loehmann's Plaza", Aerial Overlay, Proposed Master Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 12/27/01, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Master Site Plan" Sheet A.02, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Site Photos" Sheet A03, prepared by The Related Group of Florida, signed and sealed. . "Topographic Survey, Loehmann's Plaza Phase I", Sheet I of 3, prepared by Fortin, Leavy, Skiles Inc., dated 3/7/02, signed and sealed. . "Topographic Survey, Loehmann's Plaza Phase I", Sheet 2 of 3, prepared by Fortin, Leavy, Skiles Inc., dated 3/7/02, signed and sealed. . "Topographic Survey, Loehmann's Plaza Phase I", Sheet 3 of 3, prepared by Fortin, Leavy, Skiles Inc., dated 6/13/02, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Site Plan", Sheet A.100a, prepared by The Related Group of Florida, signed and sealed. "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Site Plan", Sheet A100b, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Ground Floor Plan", Sheet A101a, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Ground Floor Plan", Sheet A101b, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Typical Floor Plan", Sheet A1 02a, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Typical Floor Plan", Sheet A1 02b, prepared by The Related Group of Florida, signed and sealed. 10 . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, East Elevation", Sheet A.201, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, North Elevation", Sheet A.202, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, West Elevation", Sheet A.203, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, South Elevation", S~et A.204, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Context Elevation", Sheet A.205, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Longitudinal Section and Cross Section", Sheet A-301, prepared by The Related Group of Florida, signed and sealed. . "Loehmann's Plaza Phase One", Site Planting Plan, Sheet L 1.1, prepared by The Related Group of Florida, dated 06/12/02. . "Loehmann's Plaza Phase One", Courtyard Planting Plan, Sheet L 1.2, prepared by The Related Group of Florida, dated 06/12/02. . "Loehmann's Plaza Phase One", Planting Details, Sheet L 1.3, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed. . "Loehmann's Plaza", Sketch of Legal Description, Sheet 1 of 1, dated June 18, 2002, prepared by Fortin Leavy Skiles Inc., dated 06/18/02, signed and sealed. . "Loehmann's Plaza", Conceptual Paving, Drainage, Water and Sewer Plan, Phase 1, Sheet 1 of 1, dated June 20, 2002, prepared by Fortin Leavy Skiles Inc., signed and sealed. PROJECT SPECIFIC CONDITIONS 1. Building permits for the first stage of Phase 1 shall be obtained within twelve (12) months of the date of this conditional use approval, failing which this approval shall be null and void unless extended by motion of the City Commission. ' 2. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. 11 3. The applicant agrees to submit for review and obtain approval of a site plan showing detail of the perimeter screening of the Phase 1-A site. Such screen shall consist of walls and landscaping to the satisfaction of the City Manager and shall be completed prior to the issuance of any certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. 4. The applicant and owner agree to demolish the building marked FF on the Demolition Plan and construct the roadway, on-street parking and interface with the existing plaza shown on Plan A.100, Site Plan Opt. 1-B within one year of the date of issuance of the final certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. The applicant may petition the City Commission in the future to extend the time period due to unforeseen circumstances. 5. The applicant agrees to support the request to Florida Department of Transportation and Miami-Dade County to relocate the existing traffic signal at NE 187 Street and Biscayne Bouelvard, north to the intersection of the present entrance drive to Loehmann's Plaza and Biscayne Boulevard and further, to support the request to those agencies to eliminate left hand turns at the intersection of NE 187 Street and Biscayne Boulevard. 6. The applicant agrees to arrange with Miami-Dade County to install, at the applicant's expense, a traffic signal at the intersection of NE 187 Street and NE 28 Court, prior to the issuance of a certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. 7. The applicant agrees to arrange with Miami-Dade County, at the applicant's expense, necessary timing changes to the existing traffic signals at NE 190 Street and NE 29 Avenue and at NE 187 Street and Biscayne Boulevard, prior to issuance of a certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. 8. The applicant and owner agree to negotiate in good faith and formalize an agreement with the City relating to the proposed cultural arts center generally in accordance with the Term Sheet attached as Exhibit #4, prior to the approval of any future phases. 9. The conditional use approval for reduced parking shall be terminated in the event that the City Manager or his designee determines that the approval has created and/or is creating a nuisance to the community. In the event of such termination, the applicant and owner agree to add the number of parking spaces, sufficient to meet the requirements of Section 31-171(b) of the City Code, to the site in a future phase and in an area agreed upon by the applicant, the owner and the City Manager. 12 10. The applicant agrees that one bedroom unit shall comprise no more than 27% of the 498 units in Phase 1 of the Town Center development. 13 ~~U~H~o "'rTORNF....S A.T LA" 1~~~~1~ ClifTord A Schulman (lOll ;79-06IJ Oir.:ct Fax: ~:\05l96l-56n E-Mail: schulmanc(!.~gtlaw.c()m August 22, 2002 VIA FACSIMILE Mr. Eric Soroka Acting Planning Director 2999 N.E. 191 Street Suite 500 Aventura, FL 33180 R~: Amended Letter orIntent for Site Plan Approval for Phase I of Loehmann's Fashion Island/Located at 18711 Biscavne 13gulevard Aventura Dear Ms. Kelley: This ufIice represents The Related Group of Florida, the Applicant for Adminislrati ve Site Plan Approval (the "Applicant"), pursuant to Scctiun 31-79 of the Land Development R~gulalions or the City of Aventura. As shown on thc cnclosed application, the pruperty which is the subject of this application is presently owned by The Prudential Insurance Company of America, a New Jersey CorpOf'dtion, which has consentcd to the tiling of this application. Under the dynamic leadership of founder and presidcnt Jorge Perez, over the past twenty years, The Related Group has effectively combined its knowlcdge of construction methodologies with solid financing principles and thorough market analysis and has become Florida's largest multi-family residential developer. With a portfolio of Over 40,000 units built or managed since 1979 (which collectively represent well over 2 hillion dollars in real estate assets) the company is well-positioned to meet the challenges and opportunities of the ncw century. Wen recognized Related projects in the Miami-Dade County have included: The Mark 011 Brickell. Murano, Yacht Club at Purtofino. Portofino Tower, Ocean One. Ocean Two. and th~ under construction projects of Ocean Three and Murano Grande. Most noteworthy, however, is the recent project that has revitalized thc City of West Palm Beach and known as City Placc. City Place is located on 72 acres in the heart of West EXHIBIT #1 05-CU-02 Mr. Eric Soroka August 23, 2002 Pagc 2 Palm Beach adjacent to the nationally recognized Kravis Ccnter for the Pcrforming Arts. Lively downtov,n Clematis Street is within strolling dislance, Worth Avenue's fine stores and Atlantic ocean bcaches are just minutes away. More than 600 residences including tower apartments, courtyard apartments and three-story urban townhomes mak~ up this prcmier address in an area bursting with renewed vitality, Dramatic lofts and flats above streetside stores, offer coveted space for working and living. City Place, a mixed use, downtown urban ccnter, was a joint project with the City of West Palm Beach, and contains not only residential uscs, but includcs over 500,000 feet of retail uses and a movie theater complex. Loehmann's Fashion Island is another mixcd use opportunity, albeit a smaller site, for the Related Group to initiate the first pha.e of redevelopment of the mall that will, Related believes, act as the catalyst for future potential phases of the plan. This application is being filed in conjunction with an Application for Conditional Use Approvasl which seek approval for certain conditional use~ that arc required for the ultimate approval of this Administrative Site Plan Approval. The proposed sitc plan requests specific approval for Phase I of a multi-phased project to revitalize and, ultimately, redevc10ped the property common known as Loehmann's Fa.hion Island ("Fashion Island"). The entire property which constitutes Fashion Island is approximately 26.2 acres, and the size of the Phase I parcel is approximately 6.27 acres. The application consists of a specific and detailed site plan for Phase I of the redevelopment of Fashion Island. This Phase or thc development would consist of 498 residential units, in two (2) mid-rise building~. The east building, on NE 29th Avenue, is II stories and the west building is 7 stories. In between and substantially hidden by the two structures is a four story parking garage strueturc with five levels of parking and a total of 734 parking spaces. The proposed project will have a mix of unit sizes, from 1 to 3 hedroom units in a unit size mix ranging from 750 square feet- one bedroom units to 1.350 square feet- 3 bedroom units. Sheltered within the buildings will be a ground-level passive and active recreational area serving the development. We are also submining, for conceptual review, a master con~epl plan fnr the redevelopment and revitalization of the entirely of Fashion Island. At present, there arc no [irm development plans or time lines for the remainder of the center. other than Phase I developmcnt. The master concept plan, as well as other drawings within Our submitted, are intended to show the ability of the Phase I development to integrate with thc center as it presenlly exists. as well as Mr. Eric Soroka August 23, 2002 Page 3 to show the potential land use concepts for the future redevelopment of the remainder of the mall that will also be compatible with the Phase 1 development. At this time, no specific site plan approval is sought for other than the Phase I development. We recognize that final approval of this administrative site plan is dependent on the final action of the City Commission on the Conditional Use Application, but we would respectfully request that the City process this application simultaneously with thaI review and hearing process. If you have any further questions regarding this matter, please feel free to call. Sincerely, . . . IJ I l'{'~-'~/ (L Clifforcl A. Schui~an CAS/cph BROWARD cowrY ..-.-.-.-. 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LEGENQ Maul~ Lak, Roadways City Boundary ZIP Code Boundary Railroad ...... ~ ul EXHIBIT #2 05-CU-02 ~ E -- d ::; QJ Z US o o g QJ Z iJi o o Allantic Ocean e EXHIBIT #3 05-CU-02 CULTURAL ARTS CENTER OPTION TERM SHEET Introduction: The following outline of terms describes a transaction that will take the legal form of an option agreement for the acquisition of the Property (as hereinafter defined) by the City of Aventura ("City") from The Prudential Insurance Company of America ("Owner"). The option agreement must be in form and substance mutually acceptable to the City and Owner. The execution and delivery of the option agreement shall be a condition to the completion of the second phase of the redevelopment of the Loehman's Shopping Center. Property: The property shall consist of (i) approximately 40,000 fee of air rights (the "Air Rights Parcel") above a parking garage (the "Parking Garage") to be constructed by the Owner upon the portion of the Shopping Center identified on the sketch attached hereto as Exhibit" A", (ii) the use of such additional parking spaces (the "CAC Parking Spaces") as may be required by applicable governmental laws, statutes, ordinances and/or codes in connection with the construction of a cultural arts center (the "Cultural Arts Center") within the Air Rights Parcel, (iii) a lobby area, ticket booths and elevators to be-located in the first level of the Parking Garage to serve the Cultural Arts Center (the "Lobby Facilities"). Option: In the event the Owner elects to construct the Parking Garage, Owner shall provide the City with an option to acquire the Property. The City shall have thirty (30) days following receipt of notice from the Owner that the Owner intends to construct the Parking Garage to exercise the Option. Purchase Price: In the event the City exercises the Option, the purchase price to be paid by the City for the Property is as follows: (a) Air Rights Parcel. The purchase price shall equal the appraised value. (b) Lobbv Facilities. Cultural Arts Center and CAC Parking Soaces. The purchase price shall equal the sum of (i) the appraised value of the land attributable to the Lobby Facilities and CAC Parking Spaces, and (ii) Developer's actual costs (including both "hard" and "soft" 1 EXHIBIT #4 05.CU-02 costs and customary construction management fees) to design, permit and construct the Lobby Facilities, Cultural Arts Center, CAC Parking Spaces and other improvements related thereto within the Air Rights Parcel and Parking Garage, including, without limitation, the additional costs associated with designing and constructing the Parking Garage to support the Cultural Arts Center within the Air Rights Parcel. (c) "Appraised Value" shall mean the "as is" fair market value of the Air Rights Parcel and/or the applicable land (without taking into account the Option, the declaration of condominium and/or reciprocal easement agreement, as if Owner had free unencumbered rights to develop the Air Rights Parcel and/or applicable land as (retaiVcommercial]) as detennined by an M.A.I. real estate appraiser duly licensed in the State of Florida. The parties shall agree upon a process whereby each party selects an appraiser and the two appraisers detennine the Appraised Value. Declaration of Condominium! Reciprocal Easements: In the event the City exercises the Option, it is intended that the real property upon which the Parking Garage and Cultural Arts Center shall be submitted to either: (i) a Declaration of Condominium, or (ii) a Reciprocal Easement Agreement (as applicable, the "Restrictive Covenants"). The form and substance of the Restrictive Covenants shall be mutually acceptable to the City and Owner. Closing Costs: The City shall be responsible for all closing costs in connection with the Option. \\MlA-SR VO I\GOLDMANJ\1392449vO 1 \T%F501 !.D006/3/02 2 RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT USES THAT EXCEED THE HEIGHT LIMITATIONS SET OUT IN THE TC1 (TOWN CENTER) DISTRICT; CONDITIONAL USE APPROVAL TO PERMIT FLOOR AREAS THAT ARE LESS THAN THE MINIMUM FLOOR AREA REQUIRED IN THE TC1 (TOWN CENTER) DISTRICT; CONDITIONAL USE APPROVAL TO PERMIT ALLOCATION OF INTERIOR SPACES OTHER THAN AS SET FORTH IN THE TC1 (TOWN CENTER) DISTRICT; AND CONDITIONAL USE APPROVAL TO NUMBER OF OFF-STREET PARKING SPACES THAT DOES NOT MEET THE REQUIREMENT OF SECTION 31-171 (B) OF THE CITY'S LAND DEVELOPMENT REGULATIONS; FOR PROPERTY LOCATED AT 18741 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL, PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC1, Town Center District; and WHEREAS, the applicant, The Related Group of Florida, through Application No. 05-CU-02, is requesting conditional use approval to permit the following: 1. Uses that exceed the height limitation in the TC1 zoning district; 2. Floor areas that are less than the minimum floor areas required in the TC1 zoning district; 3. Allocation of interior spaces other than as set forth in the TC1 zoning district; 4. Number of off-street parking spaces that does not meet the requirement of Section 31-171 (b) of the City's Land Development Regulations; and' WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and Resolution No. 2002-_ Page 2 WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the following uses in Phase 1 of the proposed Town Center development: i. An 11 story residential building, where a maximum of 4 stories are permitted by Code. ii. A 7 story residential building, where a maximum of 4 stories are permitted by Code. iii. Floor area minimum of 750 square feet for one bedroom units, where a minimum of 900 square feet are required by Code. iv. Floor area minimum of 1025 for two bedroom units, where a minimum of 1050 square feet are required by Code. v. Residential us'es on the ground floor, where retail and office uses only are permitted on the ground floor by Code. vi. 825 parking spaces where 1,066 parking spaces are required by Code. is hereby granted to the Applicant, for the Phase 1 development only on property legally described as Part of Tract "A", Part of Tract "B" and all of Tract "C", Regina Square Subdivision, recorded in Plat Book 113, Page 27 of the Public Records of Miami-Dade County, aka 18741 Biscayne Boulevard, City of Aventura, subject to the conditions set out in this Resolution. Resolution No. 2002-_ Page 3 Section 2. Approval of the requests above are subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: "Conceptual Redevelopment of Loehmann's Fashion Island, 18711 Biscayne Boulevard, Master Plan Phase One: The Residences at Aventura", Index to Drawings, Site Plan Resubmission 26 August 2002, prepared by The Related Group of Florida, not signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Demolition Plan", Sheet A.OO, prepared by The Related Group of Florida, signed and sealed_. . "Loehmann's Plaza", Aerial Overlay, Proposed Master Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 12/27/01, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Master Site Plan" Sheet A.02, prepared by The Related Group of Florida, signed and sealed . "Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Site Photos" Sheet A.03, prepared by The Related Group of Florida, signed and sealed. . "Topographic Survey, Loehmann's Plaza Phase I", Sheet I of 3, prepared by Fortin, Leavy, Skiles Inc., dated 3/7/02, signed and sealed. . 'Topographic Survey, Loehmann's Plaza Phase I", Sheet 2 of 3, prepared by Fortin, Leavy, Skiles Inc., dated 3/7/02, signed and sealed. · "Topographic Survey, Loehmann's Plaza Phase I", Sheet 3 of 3, prepared by Fortin, Leavy, Skiles Inc., dated 6/13/02, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Site Plan", Sheet A.100a, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Site Plan", Sheet A.100b, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Ground Floor Plan", Sheet A.1 01 a, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Ground Floor Plan", Sheet A.101b, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The. Residences at Aventura, Typical Floor Plan", Sheet A.102a, prepared by The Related Group of Florida, signed and sealed. Resolution No. 2002-_ Page 4 . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Typical Floor Plan", Sheet A.1 02b, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, East Elevation", Sheet A.201, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, North Elevation", Sheet A.202, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, West Elevation", Sheet A.203, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, South Elevation", Sheet A.204, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Context Elevation", Sheet A.205, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Longitudinal Section and Cross Section", Sheet A-301, prepared by The Related Group of Florida, signed and sealed. . "Loehmann's Plaza Phase One", Site Planting Plan, Sheet L 1.1, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed. . "Loehmann's Plaza Phase One", Courtyard Planting Plan, Sheet L 1.2, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed. . "Loehmann's Plaza Phase One", Planting Details, Sheet L 1.3, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed. . "Loehmann's Plaza", Sketch of Legal Description, Sheet 1 of 1, dated June 18, 2002, prepared by Fortin Leavy Skiles Inc., dated 06/18/02, signed and sealed. . "Loehmann's Plaza", Conceptual Paving, Drainage, Water and Sewer Plan, Phase 1, Sheet 1 of 1, dated June 20, 2002, prepared by Fortin Leavy Skiles Inc., signed and sealed. 2. Building permits for the first stage of Phase 1 shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. Resolution No. 2002-_ Page 5 4. The applicant agrees to submit for review and obtain approval of a site plan showing detail of the perimeter screening of the Phase 1-A site. Such screen shall consist of walls and landscaping to the satisfaction of the City Manager and shall be completed prior to the issuance of any certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. 5. The applicant and owner agree to demolish the building. marked FF on the Demolition Plan and construct the roadway, on-street parking and interface with the existing plaza shown on Plan A.100, Site Plan Opt. 1-B within one year of the date of issuance of the final certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. The applicant may petition the City Commission in the future to extend the time period due to unforeseen circumstances. 6. The applicant agrees to support a request to Florida Department of Transportation and Miami-Dade County to relocate the existing traffic signal at the intersection of NE 187 Street and Biscayne Boulevard to the intersection of the present entrance drive to Loehmann's Plaza and Biscayne Boulevard and to support a request to eliminate left hand turns at the intersection of NE 187 Street and Biscayne Boulevard. 7. The applicant agrees to arrange with Miami-Dade County to install, at the applicant's expense, a traffic signal at the intersection of NE 187 Street and NE 28 Court, prior to the issuance of a certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. 8. The applicant agrees to arrange with Miami-Dade County, at the applicant's expense, necessary timing changes to the existing traffic signals at NE 187 Street and Biscayne Boulevard and at NE 190 Street and NE 29 Avenue, prior to issuance of a certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. 9. The applicant and owner agree to negotiate in good faith and formalize an agreement with the City relating to the proposed cultural arts center generally in accordance with the Term Sheet attached as Exhibit #4, prior to the approval of any future phases. 10. The conditional use approval for reduced parking shall be terminated'in the event that the City Manager or his designee determines that the approval has created and/or is creating a nuisance to the community. In the event of such termination, the applicant and owner agree to add the number of parking spaces, sufficient to meet the requirements of Section 31-171(b) of the City Code, to the site in a future phase and in an area agreed upon by the applicant, the owner and the City Manager. Resolution No. 2002-_ Page 6 11. The applicant agrees that one bedroom units shall comprise no more than 27% of the 498 units in Phase 1 of the Town Center development. Section 3. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Jay Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 3rd day of September, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIE~CY: CITY ATTORNEY Resolution No. 2002-_ Page 7 This Resolution was filed in the Office of the City Clerk this CITY CLERK day of ,2002. bJ,. .L '.C><: '.' ;'. . --.., L' 'ilr ~ I" I I'I! f r ! i ~t 1'1'11 ~ ~ '!,lll 'j'jl iiimiiiii~I"""1 mSI it: f 'I' !!!!!!lllll' I!!!! 'II, t I Il' 11"I'liiiiU I!II! Inl :l! 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'fe';"" -:. ,:_,,':,'" '":;,...'''''''-''<~:,,.'':'' ..':,.".,.,""'-""".--"----,',,,,.': ' , ),\'0,':>"'_";"'::" ,.......,::, '"",." ~;;, ',-,.,"'''' ~:.:", '-"".".,1,-- ,i\", <L, -, , ":' =~ I""t: ~' ~,. ~ o ~ {j rD = I""t: rD "'t ;'.', City of Aventura City Commission Meeting Date Agenda Item No. J A rJ>~,/.?et~ C/ ~ , Date of Verbal Communication: j'- d o~ t/ ;;L Subject and s~ance of communica>>~ h~ /U-U.//~ 7~ /' :...e . ~,;(;t/ Respectfully, Commissioner or Board Member receiving communication: Filed this 3 day of City of Aventura City Commission Meeting Date Agenda Item No. .3-A- . Date of Verbal communication'~"0 / . I~ntity of Pefson or Entity Making Communication: jJ(J(JiOLfr -I -- I' J.-../r-. 0Wi/v~/J (/ .- / Subject and Substance of Communication: {~.. r/YL / !t Respectfully, Commissioner or Board Member receiving communication: Filed this 5 - day of --- City of Aventura City Commission Meeting Date tJhlo L- Agenda Item No. 3 ".. Date of Verbal Communication: Identity of Person or Entity Making Communication: _'Dove. ~'" (> I...j:'f-- S:. k ^- ""--- -, l' Subject and Substance of Communication: 1t!)LL/...... U ~ +- - P ~ .:t- a.--J M c..J rh - p( t. J Respectfully, Commissioner or Board Member receiving communication: Filed this -5 day of Sb; ,DIIC~QlYRE QJf~~B,AL CONTACT OrdinaiK:.9S..Q9 _<CD'" , ."':::.::-:=.::'1, ei~E ~ '\ . ~ojEX<"~ City of Aventura City Commission Meeting Date 7/3/02 Agenda Item No. 3 4- Date of Verbal Communication: p/"23/cn. Identity of Person or Entity Making Communication: CL/Friln.o A. sc{o/v~ ff"/II , R-7/iJ'iUe-'7 roo.. HPPL'C~lvi Subject and Substance of Communication: P\?.f'WIl-7..71) 7" Mi? ,.fIr Ri?J}J'.(..S' i{;f2.. A-P;WVlNC. 7/IE (lcU:vt"'17 !ifL. n VO,7"A-tlL v(,-:' lAf>fl71.vl+/., I> P 'iX;>f)f"6'tA);1eL'7 P/6:1 tPc.7 Respectfully, Commissioner or Board Member receiving communication: 4 ~fi1 At.. /?>?W',.;:?ft_ Name ....c;;;;t.D.. .'~17 ./ Signature Filed this :3 \ I:' \. ,/ ~~<It!!!'V City of Aventura City Commission Meeting Date ~/3 Iol 002.- Agenda Item No. ;; ..-t Date of Visit, Investigation or Receipt of Expert Opinion fJ /;),5- !JOe) '2--- rf J ,2'<1 /.,J.;:u z Nature of Contact (check as applicable) ~ Site Visit D Investigation ~ Expert Opinion Substance of Contact: . , /iI' ~ I! ! J ., -r-- )}h 171 ,,), fh f\, "{lei orl'f /,,,_jIK~ ). hv'i!:. (D .-1.I'U""'" JrlL-olul j) ;f/Yl 'Ills/Ad 8~ / { Identity of Person Participating in Contact: (';,.h{~/,,,-;;'u~_ , ,01-) /~ Respectfully, Filed this 3 Commissioner or Board Member: 11! 10./1 ;L Name City of Aventura City Commission Meeting Date Agenda Item No. 31l Date of Verbal Communication: 8 . }..). - C/ L 1- s - at... Ide.Qtity of Person or Entity Making Cpm unication: / lilJv flu , '" . aJr hv"', ,,{ t;~rr.,u,- ? !.c-~j....__ j p7k.", Respectfully, Commissioner or Board Member receiving communication: Filed this 3 !j EJ/C.'v City of Aventura City Commission Meeting Date Agenda Item No. 3-A Date of Verbal communication:--2:!1---1 I 0'- ~I~L- Subject and Substance of Communication: 'D1~('D~S/~c l!j't::Jl'rc-5 p..e 'k770'/ 01=- ~ ~f~ Respectfully, Filed this 3, Commissioner or Board Member receiving communication: e~ Nam Signature T g:~~ If"! i ~ ~ L = C)!:l ~ r >~.. Ii !;; I ~"'~ . f C") [5", ~ "'0 0,0 ts ..... ~~ _.. 5 ~.2 ~ ~~ ~ un~i I~fl :~ rdi !;ll ~i ;a~ I 20 tl m:z: ii 1Il;;l li:!:l Ill" i5 z ~ o .0 Z ~ Ul~ ~ ~ nfl ~i1l rid Ii tl( ;a m ~ ",m ~ >?!' ~ ~ liUi "l!! " "11 O;a U.il ~~ ~eU ~ ~ rifft !:jU H::!~ j . S Ill... 25m tl J;;z ~ ",Gl lil :.. Z ~lll "?!' 5LJ i~nlll:i! .. 3 III m il Uro :u IUU~ !! 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CONSULTING ENGINEERS, SURVEYORS & MAPPERS 180 Nonhent 168m. StreellNorth Miami Beach, Florida, 33162 Phonc: 30Hi~3-4493 I Fa.>:.; 30$.6$1.7152/ E-Mail Ad4tcu: f1~bellso~lII,1le{ H(!il H pt ~ c Wi5~ I I II I = 11 g ~ ~ Uli ~~ ;" fa : t: d 5~ r IIH II ~I i I a I : IT ." ~ ~:! , . I ljl ~~:"I 1.1 n (in' ~. ~h ~,I ~~ ~ ~ ~f h 'S , ~ i i , I I ~ Ct.l CD ""' ~ Ql '::3 ! r-!'IW , I Ql t:1J; I~UU II thij ~ ~ til~ ;;I ~ & ~ ~ ~~ ~i Ii 4z '--'1 mliUI'IHllnln 'aol~i..~~~lr!~ ~ nUmmllhi "I <-a~~' ~~ iil1iUm!U ~IJ dh'~!!~ P. L. ~~I~!~~: fIl, ~ o z ~ I~ h:',(~....~4.tt I A:t!trI~1 f"! i [I I I f -~"'-~~~.,~':..,~.,-_.~,-,----"-- ."..j ~ PI" IlIl 111I,1 I!!l ~ ! it: '1 ~ ~i1 ;~! , l' If I - I If i,l ~!I ih l! !! i' ". i'l ,: !I iii !I ~ ! ;..' I I iiill !II II Il~ I!I~I~ n l~iIICl'" Ii 1:>'1': ~ ~um'iilHHiiiil'I'lih;~. ! ! II I ',', il: Iz 1!!!!!!!!!!!!!!lm m~l, :.. ' Ii! ' ~ a ~ I:: i ! .&.~ ; ~~I i! ~ ~ i ~ ~ ~ ic",si! ii i ili!! m i il,! Hili :,; I,! n i,l i ! 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U -~~~ r ~ !iiW I c; ~ ~ ~l F ;l ~~ Q~ ~~~~ ,.,,~ ~~ ~~ ~;; !~ I i~ I ~ ' : Il",. I., I> : I~ '.' , ", i, : i I , , , I i I II, "1l , ): Z 181 -I I~I c ~ " U..L.Li CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: August 19, 2002 TO: City Commission FROM: Eric M. Soroka, City BY: Joanne Carr, Senio SUBJECT: Request of The Related Group of Florida for Modification to Condition 11 of Approvals granted through Resolution No. 2001-38 (01-MTC-00 REV) September 3, 2002 City Commission Meeting Agenda Item -.:l1i RECOMMENDATION It is recommended that the City Commission approve the modification to the approvals granted through Resolution No. 2001-38, which modification will confirm the validity of continuing the multi-tenant center sign graphic criteria approval previously granted, notwithstanding the proposed redevelopment and demolition of a portion of the existing plaza by the applicant, subject to the conditions outlined in this report. REQUEST The applicant, The Related Group of Florida, is requesting that Condition 11 of Resolution 2001-38 be modified to confirm the validity of the multi-tenant center sign graphic criteria approval previously granted, notwithstanding the proposed redevelopment and demolition of a portion of the existing plaza by the applicant. (See Exhibit #1 for Letter of Intent and Exhibit #2 for Resolution No. 2001-38) BACKGROUND At its meeting of June 5, 2001, the City Commission approved, by Resolution No. 2001- 38, multi-tenant center sign graphic criteria for the Loehmann's Fashion Island Shopping Plaza. Condition 11 of Section 1 of the resolution states that: "This approval is granted exclusively to Loehmann's Fashion Island Shopping Plaza in its current configuration. Any redevelopment, demolition or expansion of the floor area of the center will invalidate this multi-tenant center sign approval, unless approved by the City Commission". The applicant, The Related Group of Florida, through its applications for site plan approval and conditional use approval, is proposing redevelopment and demolition of a portion of the plaza. It is requesting modification of Condition 11 of Section 1 of the resolution to confirm that this new development will not invalidate the sign approvals granted in June of 2001. c_ CURRENT STATUS OF APPROVALS The following is an update on Conditions 1 to 10 of Resolution No. 2001-38: Condition 1. "The south elevation of the Publix store be added to the exterior visibility elevations on the Site Plan". The south elevation of the Publix store was added to the exterior visibility elevations. A new wall sign was erected on the east elevation of the Publix store, which is considered an exterior wall sign. No wall sign is permitted on the south elevation. The existing wall sign on the west elevation was considered as an interior/courtyard sign. Condition 2. "Both the freestanding AMC 16 Theatre sign at the northeast comer of Biscayne Boulevard and NE 187 Street and the changeable copy wall sign on the east elevation be removed if this tenant vacates". The AMC Theatre has vacated the site. The freestanding AMC 16 Theatre sign and the changeable copy wall sign have been removed. Condition 3. "The freestanding AMC 16 Theatre sign be fitted with transparent security screens within thirty days of the date of this resolution". The new security screens were installed within thirty days of the date of the resolution. The sign has since been removed. Condition 4. "The size reduction and decorative grillwork to the AMC 16 Theatre sign on the east elevation of the plaza be completed within three months of the date of this resolution". The theatre's wall sign has been removed. Condition 5. "The two new freestanding entry signs be reduced to a maximum height of fifteen feet". 2 There has been no application to the City to erect the approved entry signs on NE 29 Avenue and NE 191 Street. Condition 6. "Decorative flagpoles on the Biscayne Boulevard main entrance drive be removed within thirty days of the date of this resolution". The decorative flagpoles have been removed. Two flagpoles, as permitted by the City Code, remain. Condition 7. "The description of portable signs in Section I. of the General Signage Criteria be amended to read that portable signs must not obstruct any drive aisle and must be placed no farther than three feet from the tenant's front door". Section I of the General Signage Criteria was amended accordingly. A recent inspection of site shows that the tenants are complying with this condition. Condition 8. "The description of "Freestanding Shopping Center Sign Holders" on Page 6 of the Sign Criteria be amended to read "Portable Metal Frame, 5' high and 2 wide". The sign criteria have been amended accordingly. This condition related to the message board signs in the plaza courtyards. Condition 9. "The request for "Directional/Instruction Sign" and "Courtyard Directional/Institutional Sign", Items E and F on Page 8 of the General Signage Criteria be deleted". The sign criteria have been amended accordingly. Condition 10. "All new tenants applying for new wall signage be required to comply with the City's Sign Code for those frontages (facades) facing a public street". This condition is being enforced by City staff for all new applications. The Prudential Insurance Company of America. The Related Group of Florida 18741 Biscayne Boulevard (See Exhibit #3 for Location Plan and Exhibit #4 for Aerial Photograph) 26.2 acres Part Tracts A and B and all of Tract C, Regina Square Subdivision, according to the plat OWNER OF PROPERTY NAME OF APPLICANT ADDRESS OF PROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION 3 FUTURE LAND USE thereof, as recorded in Book 113, Page 27, Page 49 of the public records of Miami-Dade County, Florida. TC1 (Town Center District) and B3 (Heavy Business District) Town Center ZONING ANALYSIS The multi-tenant center sign graphics criteria were approved by the City Commission in June of 2001, subject to conditions, one of which was that any redevelopment, demolition or expansion of the floor area would invalidate the approvals, unless the redevelopment, demolition or expansion was approved the City Commission. This condition was included in the resolution to allow the City Commission to determine if any redevelopment, demolition or expansion would maintain the intent of the approvals. The proposed redevelopment of the southeast corner of the plaza by the Related Group of Florida involves the demolition of six existing retail buildings as shown on the Demolition Plan attached as Exhibit #5 to this report. The other existing retail buildings will remain until future phases are constructed. The sign package as approved can continue to be appropriate to regulate exterior and interior visibility signs on the remaining buildings. The approved criteria provide that all new exterior visibility signs comply with the City Code in all respects. Under the approved criteria, the existing exterior wall signs for Einstein Bros. Bagels, Ruby Tuesday, and Barnes and Noble are allowed to remain. All interior/courtyard visibility signs must comply with the City Code as it relates to wall signage, however, those tenants may erect additional signage as approved by the landlord and listed in the table attached as Exhibit #6. Signage on the new residential/retail buildings proposed by the Related Group of Florida can be considered exterior visibility signage and regulated by the City Code. CONDITIONS OF APPROVAL Staff recommends that the applicant's request to confirm the validity of the approvals granted through Resolution No. 2001-38 be approved, subject to the following conditions: 1. All signage on the residential/retail building to be constructed by The Related Group of Florida under Application No. 05-SP-02 and 05-CU-02 shall be considered exterior visibility sign age and regulated by the City Code. 2. All other provisions of Resolution No. 2001-38 not modified by this approval shall remain in full force and effect. 4 ~~[[~H~~ \ 'T . It . " ., 'Ii ", I."'. n~~~lij C'Ioll',,",A.iM>"'m- (JOS)~_ll DIr<<t 1\Ia: tSOSI96I-S6U e....,..I: Id\Illr-~..cQm July 22, 2002 VIA FACSIMILE Mr. Eric Soroka Director of Community Development City oC Avcntura 19200 West Country Club Drive AvenWra, FL 33180 Re: Letter oflntent Cor Conditional Use Anomval Cor Phase I ofT .tV!hnumn'. Fashion lo1:md11""ated 1118711 Oi_VIIe Boulevard Avenlura Dear Mr. Soroka: This office tqlIUeIlts The Related Group of Florida, the Applicant for Conditional Use Approval (the "Applicant~), pursuant to Section 33-14S(bX3) of the Land Dewlopment Regulations of the City of Avenlllra. This Supplemenlal Letter of Intent supplemeats our pri\lr letter which accompanied Ibis applitation. During the course of our DRC reviews, staff hll5 brought to our attention the provisions of Rom>lution No. 2001-3& adopted by \ho Commisaion 011 June 5, ZOOI, which approved a multi-tenllllt l:CIIler sign IIflPlication for the Center. Condition No. II of that Re.olution provides: 11) This approval is gIaIItcd exclusively 10 the existing Lochmann's Fashion Island Shopping Center in its CW'Tetlt configuration. Any m1eve1opment. demolition or expalISion of the floor area of the CClIl<< win invaIidatll Ibis multi- tenlnt c:entcr sign approval, unl_ approved by \he City Commiuion. ~ yoo know, we are ptcaIlIy IICCk.ing spproval of the coocIitiona1 use approval tOr lhc: CeIlI"r 1hrough 11 geocralized "conc:ept plan". but only scckin3 site plan lJlPloval for the fmt phase of the redevelopment of the Center. We are not teel<;nll . modificatiOll of the ago Ip9roval& for the cenlet or apcci& sign approval even tOr Pba&e t. As... resu.lt, we would retpectfully request that this application be suppletnemed by adding a request for Commission approval. p\U1lUal\l 10 Condition 11 noted above, for this rust pbase of redevolopment without the invalida1ion of lho multi-lClWlt CCIIt"uil9' approvlll set forth in Resolution 2001-38. Gu.n.tiIU; Th~.U:. P.A.. lnt Ihucuu. ..\\'t:" II "".1. fL"IIDA nUl JOi-$i'V..!iOO "n 11$...5;"_1,,11 ,.......~II....,... M..MI S.. '"(tic. "UU1~(.;TU:!l_ D.C, A.nA!iliTA l'JIIUUEI.PUl\. 'h~II"'" C".....u CnIU(.n R<<lnux Pao"'.n I"lLRl'liGTIU. Lu~ l",couu DU~KIL Fo.... LAll......UIJ JUGA lu"", .".', '41.. IIU.I.II OIUIiDO T4L1..Ul.UJQ; EXHIBIT #1 01-MTC-oO REV Ms. Eric Soroka July 22, 2002 Page 2 Your attention to this matter would be appreciated. If you have lilY {Ur'.bct ::jucslor.& regarding this maltct, please fecI ftce to call. Sil:J ~ Clifford A. Schulman CASJcph Ce: JoAnn Carr Mr. Doug Hoy Mr. Ashley BOlCh Ms. Anne Cotter GR.U:\'''~K.; Tllu Kit;. r..\. RESOLUTION NO. 2001-38 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF MULTI- TENANT CENTER SIGN GRAPHICS CRITERIA FOR SIGNAGE AT LOEHMANN'S FASHION ISLAND SHOPPING CENTER LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 187 STREET AND NE 191 STREET; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 31-191(i)(1) of the City of Aventura Land Development Regulations permits the owner of a multi-tenant center or its authorized representative to comply with the standards for non-residential district signs or alternatively, apply for approval as a multi-tenant center; and WHEREAS, the applicant, SEC Commercial Realty Group, Inc., authorized representative of The Prudential Insurance Company, through Application No. 01-MTC-OO, is requesting approval of multi-tenant center sign graphics criteria for signage at Loehmann's Fashion Island Shopping Center located on the east side of Biscayne Boulevard between NE 187 Street and NE 191 Street; and WHEREAS, staff recommends approval of this request subject to conditions; and ., WHEREAS, the City Commission has held a public hearing; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the Application is granted herein. EXHIBIT #2 01-MTC-oO REV Resolution No. 2001-38 Page Z NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01-MTC-oO for approval of the Multi-Tenant Center Sign Criteria dated January 17, 2001 and the Sign Package dated January 10, 2001 prepared by SEC Commercial Realty Group, Inc., attached as Exhibit "A", for signage at Loehmann's Fashion Island Shopping Center located on the east side of Biscayne Boulevard between NE 187 Street and NE 191 Street, legally described as: A portion of Tracts A and B and all of Tract C of "Regina Square Subdivision" according to the plat thereof recorded in Plat Book 113 at Page 27 of the Public Records of Dade Country, Florida, is hereby granted subject to each of the following conditions: 1) The south elevation of the Publix store be added to the exterior visibility elevations on the Site Plan. 2) Both the freestanding AMC 16 Theatre sign at the northeast corner of Biscayne Boulevard and NE 187 Street and the changeable copy wall sign on the east elevation be removed if this tenant vacates. 3) The freestanding AMC 16 Theatre sign be fitted with transparent security screens within thirty days of the date of this resolution. 4) The size reduction and decorative grillwork to the AMC 16 Theatre sign on the east elevation of the plaza be completed within three months of the date of this resolution. 5) The two new freestanding entry signs be reduced to a maximum height of fifteen feet. Resolution No. 2001-38 Page 3 6) Decorative flagpoles on the Biscayne Boulevard main entrance drive be removed within thirty days of the date of this resolution. 7) The description of portable signs in Section I. of the General Signage Criteria be amended to read that portable signs must not obstruct any drive aisle and must be placed no farther than three feet from the tenant's front door. 8) The description of "Freestanding Shopping Center Sign Holders" on Page 6 of the Sign Criteria be amended to read "Portable, Metal Frame, 5' high and 2' wide". 9) The request for "DirectionaVlnstructional Sign" and "Courtyard DirectionaVlnstructional Sign", Items E and F on Page 8 of the General Signage Criteria be deleted. 10) All new tenants applying for new wall signage be required to comply with the City's Sign Code for those frontages (facades) facing a public street. 11) This approval is granted exclusively to the existing Loehmann's Fashion Island Shopping Center in its current configuration. Any redevelopment, demolition or expansion of the floor area of the center will invalidate this multi-tenant center sign. approval, unless approved by the City , Commission. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Resolution No. 2001-38 Page 4 Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Beskin, who moved its adoption. The motion was seconded by Commissioner Berger, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey Perlow yes yes yes no absent no yes PASSED AND ADOPTED this 5th day of June, 20 APPROVED AS TO LEGAL SUFFICIENCY: ~.~~ " CITY ATTORNEY the Off' e of the City Clerk this;S day of June, 2001. 5'L ( ---- --' ... n'nVT.T.n'"'~ '\ ~ .....,........V'W'&..v........V'W'&..,.Ip. ~ ~ ~ : . . . . . . . . . . . . . . . . . . . . . . . BROWARD coUNri ..-.-.-.-. DADBCOUNTY iI . . . . '. . . . . 'I '. '. :. :1 ;'~:OAIRY RD. :: :" :. :" :" :" ," ;1 ," :. :. :. :- '. :. :. , .. :. :. ~ --' ~. . I UJ ~?< !~ : '--~ WATERWAYS BLY. ':~' llIuen...,,/S Shoppu ..:..,. 207 ST. COUNTRY CLUB DR. '". : .71 . C"-'-? . '.~", () 'V 'O~ ~~~ 201 TER. gj AVENTURA 0~' Fint 1::",1 Rescue AWlllurQ Station U Turnberry Is/. ResOrt &. Club ...W......~i ,_'; Uf ,/,';. Aventura Mall S b" t S.t 92 ST. U Jec I e - 91 ST. :J: W x is ~ MIAMI GARDENS DR. c:i ~ OJ Z U'i g 192 ST. g OJ Z U'i o o 1 Atlantic Ocean Maule LEGEND 0 lAke Roadways ...... City Boundary ~ ZIP Code Boundary __1 .........-- Railroad E , EXHIBIT #3 , I 01-MTC-OO REV ~ EXHIBIT #4 01-MTC-OO REV ~I ~ ~l II I' ~ ~ '111 iih!! ~nD a: L:J c: o "" :a E Ql ~ Q Ii )i "'iO:: ~ .~ ~ I~ I r i 1..C#l 1 . ~ 1 i ~ I~ CliIi ~~ .....~ C:) ~ I~ :: i ~Iil i' ~ :is gl~ 11'1 $: ~ hill i' ~ i' ~ i' ~ i' ~ i' ';::: i' ;:s i' ..... i' 2- i' ~ i' ~ i' ~ I' i' i' il i Ii i Ii .,,~_.\........,..... .-...-....iii' .. - ': ,r~:.~ ~ _.~ ...'--.-.-- I( ,. III III _/ \ n "",;" II II n1lWlliJJl1!1lD ~UfTTTTTI I I. 1lIlllIlIllIlijij~ rnwBlllll'IIUIIIO ~::::::::::::I= j tl,';':II/,,!:I,',',I: "" " "";i",, IH .!.. I ~: ~. ~. t. ~, ~ .-,-.,.114 ~ f; D: - t; _ 1 . ", ... . -- , ;aD _ _ _ _: _ _ _ .... ~::::':~ l ~\tfr\I\IID ....... , II \ I i (\ \ ~ , I I . j~~ p , '. .;.::... ::~ , "'" ' G Ii CD 'i leu e 'I' Ii Ii.. hun . I~ . . I~ . ~ I .1 n I lllw HIli! ----./ I~ ! '. I , I -----+,- J '. , a8\f^31nos 3NA\fOSIS ~ I ~ i~ 'I ~ all I I Sl 'II I l!lil EXHIBIT #5 01-MTC-OO REV The following table compares the "General Signage Criteria" requested by the applicant for its interior/courtyard tenants to the City Code. Type of Sign Proposed Size Proposed Number Size & Numbel Permitted bv Code Wall Signs 1 square foot Each elevation 1 square foot for for each 1 each 1 lineal foot lineal foot of of tenant frontage tenant 1/store or 2/corner frontaoe or throuoh location Canopy Sign 5 square feet 1 per store 4 square foot max maximum 1 oer store Awning Sign 10" letters to 1 per awning 1 per store be applied in 6 square foot max center of 9" letters awning valance Directory Sign 32 square feet 4 directory signs 32 square feet 1 per multi-tenant center Community Service Not specified As authorized by Not permitted by Special Event Sign or Landlord Code Banner Neon Sign 25% of 25% of window Not permitted by window area area Code Portable Sign 4' height and As authorized by Not permitted by 3'width Landlord Code Window Sign 4" letters 10% of each 1 sign 12" logos window pane 4 square foot max Temporary Window 10% of 12 signs per 10% of window Sign window area calendar year area to 10 square to 10 square foot max for 14 foot maximum days with 5 signs for 14 davs oer calendar vear Grand Opening 30 square feet 30 days 30 square feet Banner 4' high 4' high 14 davs Framed menu boards 3' height and As authorized by Not permitted by 4' width Landlord Code EXHIBIT #6 01-MTC-OO REV 7 RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED PURSUANT TO RESOLUTION NO. 2001-38 ADOPTED JUNE 5, 2001; TO MODIFY CONDITION 11 OF SECTION 1 OF THE RESOLUTION TO PROVIDE THAT CERTAIN APPROVALS MAY CONTINUE NOTWITHSTANDING PARTIAL REDEVELOPMENT OF THE CENTER; FOR PROPERTY LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 187 STREET AND NE 191 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, SEC Commercial Realty Group Inc., authorized representative of The Prudential Insurance Company, was granted miscellaneous multi-tenant center sign graphic criteria approvals by Resolution No. 2001-38 adopted by the City Commission of the City of Aventura on June 5, 2001; and WHEREAS, the applicant has requested a modification to confirm validity of the multi-tenant center sign graphic criteria approvals previously granted, notwithstanding the proposed redevelopment and demolition of a part of the existing center by The Related Group of Florida under Applications Nos. 05-SP- 02 and 05-CU-02; and WHEREAS, following proper notice, the City Commission has held a public hearing, as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The applicant's request to modify Condition 11 of Section 1 of Resolution No. 2001-38 to confirm the validity of the multi-tenant center sign graphic criteria approvals previously granted, notwithstanding the proposed redevelopment and demolition of a portion of the existing center by The Related Resolution 2002- Page 2 Group of Florida under Applications Nos. OS-SP-02 and OS-CU-02, for property legally described as: A portion of Tract A and B and all of Tract C of Regina Square Subdivision according to the plat thereof, as recorded in Plat Book 113, Page 27 of the Public Records of Miami-Dade County, Florida, more particularly described in Exhibit A to this Resolution is hereby approved subject to the following conditions: 1. All signage on the residential/retail building to be constructed by The Related Group of Florida under Applications Nos. OS-SP-02 and OS-CU-02 shall be considered exterior visibility signage and regulated by the City Code, 2. All other provisions of Resolution No. 2001-38 not modified by this Resolution shall remain in full force and effect. Section 2. The City Manager is authorized to cause the issuance of permits In accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow Resolution 2002- Page 3 PASSED AND ADOPTED this 3rd day of September, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2002. CITY CLERK ~ :~ ,~ .~ I :~ , .~ ~ l~ I~ I ~ J ~ I~ I ~ I ~ I ~ I .~ I ~ I ~ I ~ I ~ I ~ I ~ I . I . I . I - .- I ... I ~ I - . I - 1 I - .. I - I of . I - . I. I -~ I _'1 I _'1 1_1 RECEIVED Prepared by: David Plummer & Associates; Inc. August 2002 DPA Project #02108 dpE1 I ~ ~ i ~ I ~ t ~ I ~ I ~ I ~ I ~ I ~ I ~ J ~ I .(j . .(j . .; . ~ . ~ . .; . .; . .; . .; . .; . .; . - . .; ~ . ~ . - - .; of .- .- - .- .- --::~ -~ - 1j - <J - .<J The Residences at A ventura Traffic Impact Study TABLE OF CONTENTS Page List of Exh ibits ..................................................................... ......................................................... ii List of Appendices................................................ ........................................... ............................. ii EXECUTIVE SU M MARY.. ....... .... .... .... .... .......... ................ ...... ...... .......... ......... ........................ iii 1.0 I NTRO 0 U CTIO N ........ .................................. ......... ............................... .......... ................ ...1 1.1 Project Background.... ........................ .... ......... ..... ............. ................. ................ ......1 1.2 Study Obj ective............ ................... ......... .......... ........... ............ ............. ..... ........ .....1 1.3 Study Methodology......................... ........ ..... ........................ ................... ....... ..........1 2 .0 DATA CO LLECTIO N ....................................... ......... ........................ ...............................3 2.1 Roadway Characteristics........ ........... ..... .... .......... .......................... ..........................3 2.2 Traffic Counts..................................... ............. ........................................................4 2.3 Intersection Data......................................................................................................4 3.0 EXISTIN G TRAFFIC CONDITIONS .......... ........... ....................................... ..................7 3.1 Intersection Level of Service (LOS) ........................................................................7 4.0 FUTU RE TRAFFI C CO N 0 ITI 0 NS ..... ......................................................................... ...8 4.1 Background Growth................................... ..................................................... .........8 4.2 Project Trip Generation..... .......... .................. ....... ....................... ..... .................. ." ...8 4.3 Trip Assignment and Distribution .........................................................................11 4.4 Future Intersection Capacity Analysis ...................................................................13 5.0 TRAFFIC SIGNAL FEASiBILITY................................... ............................................. 15 6.0 CO N CLU SIO N ......................................... .......... ............................................................ 16 ~ ~ ~ ~ .;) ~ ~ .;, .;, ~ ~ ~ '~ I ...J I .~ I~ I~ I~ I~ I~ I~ I ~ I ~ I ~ I ~ I ~ I ~ I ~ I ~ I ~ I ~ I ~ I ~ I - ,~ L- .~ I - I : I: t: t-: ~ t-;' b 17Ie Residences at A Wlnlura Trtlffic Impact Study LIST OF EXHIBITS Exhibit Page 1 Location Map ........................ ..... ....... ...... ............. ........ ...... ........... .................. ...... ...............2 2 Existing AM and PM Peak Hour Traffic Volumes..............................................................5 3 Lane Configurations....... ........ .... ......... .................. ...... .... ............................... ........ ..... .... .....6 4 Existing AM and PM Peak Hour Intersection Level of Service Analysis ...........................7 5 Future AM and PM Peak Hour Volumes without Project ...................................................9 6 Proj ect Trip Generation...................................................... .......................... ......................10 7 Cardinal Distribution for T AZ 64 ......................................................................................11 8 Project Trip Distribution .......... ..... ............ .........................................................................12 9 Future AM and PM Peak Hour Volumes with Project ......................................................14 10 Future AM and PM Peak Hour Intersection Level of Service Analysis ............................13 LIST OF APPENDICES Appendix A Traffic Counts and Signal Timings Appendix B Intersection Analysis Worksheets Appendix C Background, Committed Development, and Project Data Appendix D Signal Feasibility Worksheets ii --~ -:J :J ~ ~ ,~ :~ I '~ l~ l~ l~ I~ ~ :.J .~ ~ ~ ~ ~ .J .; .; 'fi . . . I · I ~ I -~ I · I .. I -. L! ~ L-- I - I -- I! ~ l-- ~ t-: ~ ~ The Residences at Avelltura Traffic Impact Study EXECUTIVE SUMMARY The Related Group is proposing to redevelop a portion of the existing shopping center known as Loehmann's Plaza in the City of Aventura. The project will evolve in two phases: phase I and project buildout. Phase I will replace several commercial buildings with residential units. Phase I will be completed in two stages. This traffic impact study is for Phase I. Phase I is a residential building with 494 dwelling units located in Aventura, Florida on NE 187 Street at NE 28 Court east ofBiscayne Boulevard. Project buildout is expected in 2004. The City of Aventura has approved the submitted methodology which analyzes two signalized intersections in the immediate vicinity, Biscayne Boulevard I NE 187 Street and NE 190 Street I NE 29 Avenue and the proposed project driveway. Access to and from the project will be provided through an entrance on NE 187 Street at NE 28 Court, with a drop-off7pick-up area on NE 29 Avenue. An assessment of the traffic impacts associated with the proposed project was performed in accordance with the requirements of the City of Aventura. Existing land uses consisting ofa48,354 SF, gross floor area movie theater and 29,544 SF of gross leasable area retail would be demolished prior to construction. The analysis shows that the project would not adversely impact the roadways within the study area. With minor traffic signal timing modifications at the intersection ofBiscayne Boulevard I NE 187 Street, both signalized intersections will operate at acceptable levels of service under future with project conditions. An examination into whether a traffic signal is warranted at the intersection ofNE 187 Street and NE 28 Court was also completed. Based on the data collected and the preliminary analysis, a traffic \ signal is warranted at this intersection today. The need for a traffic signal at this intersection is not the result of the future development of this site. jjj J , , , J J J J J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 4 4 ~ ~ ~ ~ ~ ~ ~ 'j ~ ~ ,I ... ~ -- J The Residences al Aventura Traffic Impact Study 1.0 INTRODUCTION 1.1 Project Background The Residences of Aventura at Loehmann's Plaza is a proposed residential building located in Aventura, Florida on NE 187 Street at NE 28 Court (See Exhibit 1). The proposed project will have 494 dwelling units. Project buildout is expected in 2004. The City of Aventura requires a traffic study to assess the impacts of the proposed project on area intersections. 1.2 Study Objective The objective of this traffic study is to assess the traffic impacts of the proposed project on the study intersections and to determine ifthe project will have significant adverse impacts. 1.3 Study Methodology The analysis undertaken in this study follows the study methodology previously submitted to and approved by the City of A ventura is described as follows: . Turning movement traffic counts were performed at the study intersections. . Twenty-four-hour directional traffic counts were collected at the intersection for signal feasibility. . Available Florida Department of Transportation (FDOT) counts were consulted where appropriate. . Raw traffic counts were adjusted to annual average traffic conditions using the most recent weekly volume and axle correction factors published by the FDOT, as appropriate. . Highway Capacity Software (RCS) based on the 2000 Highway Capacity Manual (HCM) was used. . Signal timings were obtained from Miami Dade County. . Signal feasibility was based on the Manual on Uniform Traffic Control Devices (MUTCD) , published by the Federal Highway Administration (FHW A) and the Florida Department of Transportation (FDOT) Manual on Uniform Traffic Studies (MUTS). . The project trips were assigned to the study segments and intersections based on the Cardinal Distribution for the appropriate Traffic Analysis Zone (T AZ) contained in the Miami-Dade County Long Range Transportation Plan Update.- Page I ) ) ) ~ ~ J ~ ~ ~ ~ I ~ ~ j i i J J J J J J ) } ) J } } ) } , ) ) ) j .. J r ~ I H \ II/) ij -~ 1_.: ,( C v; t " t ..2llJL. 'Of 2 .. N" tC>Q g,- I ;S =-m1, tCIII ~ ~ ~-- 187: l-!!UL ~:D ~n=R~ r--') 196 ST:::J I~ ~ ; \..... I 185 ST '"'I I li.: 95 .t 194 ST '\ / / ~ ~ y T 193 ST ) / ::J ~ --; Q\~_?~ -?'~.. ~ j " :! ... ~ *~. u 188 g_:; UI ~ I.... < Z :lI '.1~' J _ 188 OR /l N ..~ _1 ~ II ~\ / '1 ~ ~~ ___ 3 u ~ :J o u 3:: BlSCAYNE YACHT COUNTRY CLUB LE~~ c~ T -I:. ..u S\l.&50 ~ -> < I "=- 187 ST , f SR 860 I ~ I ~' 184 TER ~ .......... 185 ST _\ ~~ LJ ... "-.. -\ :--.." 1'" "T 183 S~ \ )If:j/ LITTLE < ~ '\~. ~ Ie-;: ~:~fE fJ- 1. ~ ~N' l~"--._ ,~ ' ~ "'\ ~ C 6)) ''''' .... ( I17Q <:'T ~ :( ~ :! ~ ~ '::i 174 ST I ~ /, /' ~T -, ~/ A.77 r NE1.ST ~ /:./P.. ~ ~ ~ OLDEN GlADES OR 188 ST 0~~ 184 ST ' ;-0 ~ ~~~~ 1 SUNNY ISLE cswvl \ ~ V .- N E 171 S ( r :( N -:;:::::::::" ~ ~ ~ 158ST~ r LK' ~ 155ST 154 TER / I '" ll: o~~ RJIil:R ~ PROJECT, HTlEI THE RESIDENCES AT AVENTURA TRAFFIC IMPACT STUDY LOCATION MAP PROJECT SITE !' \ I ~ r N.T.S. l ERRA~ - f 181 ST I ( 189 ST ~ ~ tKi jl :l c ---- ( n"~" J ') ~ ~I -u ~,2 .~~..l ~ ~~ ~ "-IN 1 ~ \i EXHIBIT No. 1 ~ Page 2 -' , , , , ~ , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I~ ~ ~ '~ ~ ~ ~ j:J I~ ,~ t~ I~ l~ l~ ~ I -~ l-~ I ~ I~ l-~ l,~ ~ l-, l.~ ..I l.~ J l7Ie Residences at A ventura Traffic Impact Study 2.0 DATA COLLECTION Data collection for this study included roadway characteristics, intersection data, proposed signal timing, weekly volume factors, and a site access review. This effort is described in detail in the following sections. 2.1 Roadway Characteristics Biscayne Boulevard Biscayne Boulevard is a major north-south arterial providing access throughout Miami Dade County. In the study area, it is a two-way divided roadway, northbound has four lanes and the southbound goes from three lanes to four, just beyond NE 187th Street. This does not include the physically separated, exclusive westernmost lane that provides access to westbound Miami Gardens Drive. Exclusive turn lanes are provided at the major intersections. NE 187 Street NE 187 Street is an east/west, two-way, 2-1ane, divided local roadway. NE 187 Street runs from Biscayne Boulevard to NE 29 Avenue in the study area. NE 187 Street allows access to NE 28 Court. On street parking occurs on both sides of the street west ofNE 28 Court. NE 190 Street NE 190 Street in the study area is an east/west, two-way, 2-lane, divided local roadway. This roadway terminates at NE 29 Avenue. NE 190 Street provides access to West Country Club Drive, which connects to A ventura Mall under the William Lehman Causeway. NE 29 Avenue NE 29 Avenue in the study area is a north/south, two-way, two-lane, undivided lo~al roadway. In the study area, NE 29 Avenue runs from NE 191 Street to NE 187 Street with access to NE 190 Street and NE 188 Street. Page 3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ :J :J ~ ~ ~ ~ , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -~ ~ ~ ~ ,~ '-'" :---" '~ .I . ~ The Residences at A ventura Traffic Impact Study NE 28 Court NE 28 Court is a north/south, two-way, 2-lane, divided local roadway. This roadway starts at NE 187 Street and terminates just south ofNE 185 Street. 2.2 Traffic Counts The AM and PM peak period vehicle turning movement counts were collected at the signalized intersections under study. Twenty-four hour counts were collected at the unsigna1ized intersection to determine traffic signal feasibility. Volume adjustment factors were obtained from the Florida Department of Transportation (FOOT). A volume adjustment factor of 0.98 (for Miami-Dade County North) corresponding to the date ofthe counts was used to adjust the raw traffic counts to annual average conditions. Appendix A provides summary of traffic volumes at the locations counted for this study. Exhibit 2 shows the adjusted 2002 traffic volumes at the intersections. 2.3 Intersection Data A field survey was conducted to determine the lane configurations at the subject intersection. The proposed signal timing and phasing at the study area intersections was obtained from Miami-Dade County and used for the future intersection capacity analysis. Exhibit 3 shows the existing lane configurations at the analyzed intersections. Page 4 0 w t ~ ~ N.T.S, CO CO W N Z W ~ Z (,) (f) CO ) ) j J I I J I J J J J I I J J I J , J J J J J J } } ) j ... , , , .. NE 191 ST L 52 (46) T 200 (275) NE 187 ST it) ~ .. l\J ;::0 Q::!t:: "It) l\J~ I teE] PROJECT. PROJECT SITE ( ii)t::: ~~ -- -- ~~ .... (,) co N ill Z L 312 (350) T 292 (479) tr NE 190 ST ill ~ (J) N ill Z .......... \0'" 1t)l\J :::::~ CS'" -'" l\J I ( NE 185 ST ltTU, THE RESIDENCES AT AVENTURA TRAFFIC IMPACT STUDY EXISTING TRAFFIC VOLUMES AM & PM PEAK HOUR w ~ ~ ('t) W Z LEGEND xx AM Trips (XX) PM Trips EXHIBIT No. 2 Page 5 :) ~ ~ ~ ~ ~ 0 w ., ~ ~ 00 N,T.S. ~ W CO N ~ Z W ~ ~ Z U .~ en - ~ 00 ~ ~ L- ~ NE 191 ST ,- ~ T NE 190 ST ~ ttr ~ ':l ~ :J w PROJECT ~ ~ SITE ~ 0> I N ~ W Z ~ ~ [ :J NE 187 ST ~ ~ ~ ~ NE 185 ST ~ I- W ~ ( U ~ co ~ N W ~ ('t') ~ z w ~ z ~ ? ~ ~ @E3 I'AllJECT. TIlLEt EXHIBIT No. ~ THE RESIDENCES AT AVENTURA LANE CONFIGURATION ~ TRAFFIC IMPACT STUDY 3 ~ ~ ~ Page 6 .J .--,.......-- l1Ie Residences at A ventura TralJic Impact Study 3.0 EXISTING TRAFFIC CONDITIONS 3.1 Intersection Level of Service (LOS) The Highway Capacity Software (HCS), based on procedures of the 2000 HCM, was used to analyze traffic conditions at the analysis intersections. The existing conditions were established and with the results, intersection level of service analysis was conducted using HCS2000. The analysis is based on the existing lane configurations and traffic signal timing/phasing. Exhibit 4 shows the existing LOS at the analysis intersections for the AM and PM peak periods (see Appendix B for worksheets). Exhibit 4 Existing (2002) Intersection Level of Service Analysis Results Weekday AM and PM Peak Conditions LOS Intersection AM PM Biscayne BoulevardINE 187 Street C E NE 190 Street / NE 29 Avenue B B Source: DP A Page 7 - ~ ~ ~ ~ ~ ~ ~ ~ ~ ."" ~ A, ~ ~ ~ ~ --. .! ~ .~ ~ ~ ~ ~ ~ ~ .~ '~ -.. .I ~ ~ ~ ~ '7J ~ ~ ~ ~ ~ "':J ~ ~ ~ ~ ,.. ~ ,.. J The Residences at A ventura Traffic Impact Sludy 4.0 FUTURE TRAFFIC CONDITIONS 4.1 Background Growth A 3.5 percent annual growth rate was established based on historical FDOT counts in the project area Historical traffic data is included in Appendix C. This growth rate was applied to the 2002 existing traffic to get the future traffic without project at the study intersection for the buildout year (2004). The city requested that project trips for two committed developments, The Carlisle at A ventura and Harbour Centre be added to the analysis intersections due to their proximity to this project location. However, traffic studies were not submitted to the city for these projects. Therefore, the site plans were obtained from the city and project trips were estimated and assigned to the area roadways. This was conducted using the same methodology for the Residences at A ventura, described in the following sections. The trip generation summary for the Committed Developments is also included in Appendix C. Future traffic without project is shown in Exhibit 5. 4.2 Project Trip Generation Trip generation for the project was estimated using the Institute of Transportation Engineers (ITE) trip generation rates and/or equations for the proposed development plan. ITE's Trip Generation, Sixth Edition, provides gross trip generation rates and/or equations for 24-hour and peak hour volumes by land use type. Project trip generation for AM and PM peak hours is provided in Exhibit 6. Page 8 N E 185 8T }0- w () ( <Xl ~ N W ~ Z ("t) W Z LEGEND I xx AM Trips (XX) PM Trips t @E] l'ROJEcr, TlTUI FUTURE WITHOUT PROJECT EXHIBIT No. THE RESIDENCES AT AVENTURA TRAFFIC IMPACT STUDY TRAFFIC VOLUMES 5 AM & PM PEAK HOUR Page 9 ~ ;). ;) ;) ~ ~ ~ ~ ~ ~ ~ ~ ~ .,j ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ;. ;. ;. ~ -.j .J - - ,.. ~ ,.. 4 o ~ a:l W Z ~ () CJ') - a:l w ~ <Xl N W Z ~o:; g~ NE 191 8T "'-0 Q\O L .3.34 (.375) T .328 (520) tr ...... lrl...... lrl\O <\1"'- ,-lrl '- "'-lrl ~lrl <\J NE 190 8T ~ .. I") '- ...... -0 lrl:::: 1")'- "'0;1- <\J:::: PROJECT SITE w ~ ~ I w z L 8/(74) T 282 (486) NE 187 ST [ t N.T.S. 17Ie Residences at if venlura Traffic Impact Study Exhibit 6 Project Trip Generation I AM Peak Hour PM Peak Hour The Residences at Aventura Vehicle Trips Vehicle Trips ITE Land Use Designationl Number of In Out Total In Out Total Units Residential 212 494 DU's 40 252 205 101 306 (Land Use 220) Subtotal Proposed Project Trips 40 212 252 205 101 306 Existing Movie Theatre 48,354 SF 0 0 0 118 66 184 (Land Use 444) GFA1 Existing Retail 29,544 SF 19 12 31 53 57 110 (Land Use 820) GLA1 Pass-by Trips3 34% -6 -4 -10 -18 -19 -37 (Retail Only) Subtotal Existing Trips 13 8 21 153 104 257 Net New External Trips 27 204 231 52 -3 49 (Proposed - Existing Trips) . . Based on ITE Tnp Generatton manual, SiXth Edition. J GFA -Gross Floor Area; GLA -Gross Leasable Area J Based on ITE Trip Generation Handbook, October 1998. Soun:c:. DPA Page to ~ ~ .~ ~ ~ .~ ~ ~ :J .- ~ ~ ~ - ~ - ... -- -- ~ - ~ -. ~ -;. -;. -;. ~ -- ~ .- ~ - ~ -- ~ ~ -.. ~ ~ ~ ~ ~ ~ ~ '~ -. .J ~ - .J ~ ~ -- ~ -" -d ~ l1te Residences at AwnlUra Traffic Impact Study 4.3 Trip Assignment and Distribution Project trips were distributed and assigned to the study area using the Cardinal Trip Distribution for traffic analysis zone (T AZ) 64, 2005 stage of the 2015 Long Range Transportation Plan, as shown in Exhibit 7. The distribution from the existing traffic counts was also considered but, the results of T AZ 64 were deemed more appropriate for the patterns expected on the existing roadway network. The Cardinal Trip Distribution gives a generalized directional distribution of trips from a T AZ to other parts of Dade County, as published by the Miami Urban Area Transportation Study (MUA TS). For estimating trip distribution for the project, consideration was given to conditions such as the roadway network accessed by the project, roadways available to travel in the desired direction, and attractiveness of traveling on a specific roadway. The resulting project trip assignments at the analyzed intersection is shown in Exhibit 8. Exhibit 7 Cardinal Distribution for T AZ 64 Cardinal Direction NNE ENE ESE SSE SSW WSW WNW NNW Distribution 7.54% 1.81% 2.25% 5.32% 23.62% 24.94% 8.29% 26.23% Page II ---- .~ ~ ~ ~ ~ - ~ - .. - .. - . - ~ - . - . - ~ - ~ - ~ - ~ - ~ - .. - . - ~ - .. - ~ - ~ - . - ~ - . - . - . - . - . - .. - . - . - .. .- ... - .. - ~ - ., - ~ - ~ - ,~ ..- ...~ tg o ~ m w z ~ u (/) m w ~ co N W Z NE 191 ST 2SX NE 187 ST ( { /~ JI l'IlOJECT I @B I- o co N W Z THE RESIDENCES AT AVENTURA TRAFFIC IMPACT STUDY f i H.T.S. NE 190 ST w ~ ~ / w z ( t~ NE 185 ST w ~ T"" ('t') w Z____ 11 TLE. EXHIBIT No. PROJECT TRIP DISTRIBUTION 8 Page 12 i , J ~ J I J TM Residences at Avenlura Traffic Impact Sludy 4.4 Future Intersection Capacity Analysis , , , , ; ; ; ; ; , j ~ I An annual growth factor of 3.5 percent was applied to the 2002 traffic volumes and trips from the committed development projects were added to obtain the future 2004 volumes. Using the trip assignments in the previous section, the project trips were combined with the adjusted 2004 future traffic volumes to get the total traffic volume at the analyzed intersections. Exhibit 9 shows the total AM and PM peak traffic at the analyzed intersection. Analysis results for both future without and with project are shown in Exhibit 10. The existing traffic signal timing was adjusted under future without project conditions for the Biscayne BoulevardINE 187 Street intersection to accommodate the future traffic demands. These modifications were then carried over for the future with project scenario. Worksheets are provided in Appendix B. Exhibit 10 Future (2004) Intersection Analysis Results Weekday AM and PM Peak Conditions Future Future Without Future Without Project With With Project Improvement Project Intersection AM PM AM PM AM PM Biscayne Blvd.! NE 187 Street E F D E D E NE 190 Street! NE 29 Avenue B B - - B B Source: DP A Page 13 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .;.) - ... ~ ~ ~ ~ :;; ~ :;, .. ~ .... ~ .. .. .. .. . -1t .. ~ ..., ~ ~ ~ . - . ~ - ~ - ~ ~ .. - .. 0 w ~( t ~ ~ CO ~4? N.T,S. co W N ~~~ Z W ~ Z ~ U (f) - CO ~ .. ""l...... ::::""l 1C)l\l ""l:::: ~'::: ~L tr .............. 'ltr-... \00;:) \O""l ..'-- l\ll\l '--" ,,'It ~ .. l\l NE 191 ST L /34 (94) ,394 (484) NE 187 ST ( I'ROJEC T I PROJECT SITE Q3m ""1"" :::;::::: \00 ::::\0 l- U co N W Z w ~ 0> N W Z L JJ4 (375) ,330 (523) tr in...... ~CX5 '--~ 0;:)\0 ~~ I [ TITLEI THE RESIDENCES AT AVENTURA TRAFFIC IMPACT STUDY NE 190 ST NE 185 ST FUTURE WITH PROJECT TRAFFIC VOLUMES AM & PM PEAK HOUR w > <( "r" ('i) w z LEGEND xx AM Trips (XX) PM Trips EXHIBIT No. 9 Page 14 ~ ~ ~ ~ :> ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ .~ ,~ ~ .J '17Ie Residences at AW!nlura Traffic Impact Shldy 5.0 TRAFFIC SIGNAL FEASIBiliTY The City of Aventura requested that Signal Warrant requirements be examined to determine if a traffic signal is feasible at the intersection ofNE 187 Street and NE 28 Court. The signal feasibility was based on the Manual on Uniform Traffic Control Devices (MUTCD) published by the Federal Highway Administration (FHW A) and the Florida Department of Transportation (FOOT) Manual on Uniform Traffic Studies (MUTS). Twenty-four-hour, directional traffic counts were obtained at NE 187 Street and NE 28 Court. The raw traffic counts were adjusted to reflect annual average daily traffic (AADT) conditions using an adjustment factor of 0.99 (for Miami-Dade County North) corresponding to the date of the counts. The adjusted traffic counts are included in Appendix A. Traffic Signal Warrant 1 Condition A (formerly Warrant 1), Minimum Vehicular Volume and Warrant 2 (formerly Warrant 9), Four-Hour V ehicular Volume were met under existing conditions. Based on the data collected and the preliminary analysis, a traffic signal is warranted at this intersection today. The need for a traffic signal at this intersection is not the result of the future development ofthis site. Page /5 -.J :.; ~ ~ ~ ~ The Residences al Avenlura Traffic Impacl Sludy - ... - ... 6.0 CONCLUSIONS - ... .- ..; - ~ An assessment of the traffic impacts associated with the proposed project was performed in accordance with the requirements of the City of Aventura. Phase I of The Residences at Aventura includes 494 dwelling units. The existing land uses consisting of a 48,354 SF gross floor area movie theater and 29,544 SF of gross leasable area retail would be demolished prior to construction. The analysis shows that the project would not adversely impact the roadways within the study area. - ~ - ~ - ~ - ~ ~ .. .. With minor traffic signal timing modifications at the intersection ofBiscayne Boulevard / NE 187 Street, both signalized intersections will operate at acceptable levels of service under future with project conditions. - .. - ~ - ~ - .. - .. An examination into whether a traffic signal is feasible at the intersection ofNE 187 Street and NE 28 Court was also completed. 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'0 c o i c o ~ =: ..... ,; ~ ~ ~ ~ Traffic Survey Specialists, Inc. 6~4 Gardenia Terrace ~ Delray Beach, Florida 33444 Phone (561) 272-3255 Volume Report with 24 Hour Totals Page 1 ~ ..**..............***.*..*.***..***.....**.**...*....***********.*******.******* Data File D0514001.PRN ~ Station 000000051302 Identification 000058410067 Interval ~ Start date May 14, 02 Start time Stop date May 14, 02 Stop time ~ City/Town Aventura, FL County Location : NE 187th Street East of NE ~8th Court ~ **.*.******..********..*********.***********w***********..***.************.**** ~ May 14 Westbound Volume for Lane 1 --------------------------------------------.---------------------------------- ~ End Time 00 01 02 03 04 OS 06 07 08 09 10 11 -------- 15 22 17 3 5 3 1 3 25 58 58 73 74 30 21 6 4 4 1 3 .. 32 54 63 70 87 45 .8 1 2 3 3 4 13 40 48 63 64 70 00 7 2 3 1 2 5 25 44 50 62 74 82 --....---- Hr Total 58 26 12 13 9 13 45 141 210 246 281 313 85/15/2ee2 e8:29 561-272-4381 MCHtrLL V ..- - ..- - ..- - ..- PAGE 02 15 minutes 00:00 24:00 Dade -------------------------~-----------..~--------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- 15 90 66 95 119 92 104 77 95 100 57 45 42 30 76 99 76 120 105 108 108 102 60 69 49 21 45 93 90 106 137 100 109 95 eo 66 53 38 21 00 79 78 112 132 113 100 109 84 55 45 34 18 -------- Hr Total 338 333 389 508 410 421 389 361 281 224 166 102 - ..- - '" - '" - '" - '" .-----.----------------------------------------------------.._----------------- - . 24 Hour Total : 5289 - AM peak hour begin~ : 11:15 AM peak volume: 329 Peak hour factor: 0.91 ~ PM peak hour begins: 15:00 PM peak volume: 508 Peak hour factor: 0.93 .....***.****...**********...**************.******...*********************-**** · May 14 Eastbound Volume for Lane 2 - . 06 ----------------------------------------------------------------.._--~--------- 11 End Time 00 01 -------- 15 22 9 30 11 10 45 17 6 00 10 3 02 o 4 6 1 03 4 3 o 1 04 os 5 8 10 14 - . 3 3 14 9 14 47 57 77 - '" - .. 07 08 09 123 93 99 112 10 120 87 111 110 46 52 64 95 107 99 107 110 97 102 103 93 -------- · Hr Tota~ 60 28 11 8 29 37 195 257 423 427 428 395 -. -------------.----------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 . -------- - .. 15 30 45 00 128 107 105 85 9S 135 114 ::"04 120 118 122 133 1,;9 130 132 130 144 122 124 109 142 121 152 149 158 131 146 163 131 148 126 151 - . 102 91 62 5, 66 58 58 ,49 52 33 30 2C 27 21 2S 14 . -------- , Hr Total 448 493 499 564 531 598 556 425 312 231 135 87 · -----------------------.-----------------------------------------i------------- 24 Hour Total : 7177 .AM peak hour begins: 08:15 AM peak volume: 439 Peak hour factor: 0.89 - PM peak hour begins: 17:00 PM peak v~lume: 598 Peak hour factor: 0.92 ~ *****.***.***-*********.***...*********.*********.***************************** - 1 - -1 - -1 ~ ... 4 - ~ - ~ 85/15/2002 08:29 561-272-4381 MCNALL V PAGE 03 - .., - oJ .... ., Traffic Survey Specialists, Inc. 624 Gardenia Terrace Delray Beach, Florida 33444 Phone (561) 272-3255 Volume Report with 24 Hour Totals Page 2 ~ ..*****.****..*******.***********.**....***..***...**.****************.****....* Data File D0514001.PRN ~ Station 000000051302 _ Identifioation 000058410067 Interval 15 minutes ., Start date May 14, 02 Start time 00: 00 - Stop date May 14, 02 Stop time 24: 00 ~ City/Town : Aventura, FL County ~ Oade - Location : NE 187th Street East of NE 28th Court ~**.**.*.*****..***..*****.....*****.*****************..******..*******.*...**** ~ May 14 Total Volume for All Lanes - ..., -------------------.----------------------------------------------------------- .- End Time 00 01 02 03 04 05 06 07 08 09 10 11 - ----.--- .. 15 44 26 3 9 6 G 17 71 165 181 133 171 - 30 32 16 8 7 4 11 51 84 153 156 157 189 .. 45 25 7 e 3 17 14 70 104 1.55 162 175 173 - 00 17 5 4 2 11 19 102 139 160 174 184 175 .. -----...-- "';, Hr Total 119 54 23 21 38 50 240 398 633 673 709 708 -- -------------._-----------~--~--------------------._.-------------------------- .. End Time 12 13 14 15 16 17 18 19 20 21 22 23 - -------- .. lS 185 186 239 261 231 262 208 223 202 123 97 69 - 30 211 217 198 241 235 239 256 209 151 127 82 42 .. 45 207 212 230 289 232 255 221 185 128 111 68 46 - 00 183 211 221 281 243 263 260 169 112 94 54 32 .. -------- -..Hr Total 786 826 888 1072 941 1019 945 786 593 455 301 189 - ------------------------------------------------------------------------------- ~24 Hour Total : 12466 --AM peak hour begins: 11:30 AM peak volume: 744 Peak hour factor: 0.8a ~PM peak hour begi~B : 15:00 PM peak volume: 1072 Peak hour factor: 0.93 ~*****.*~******.***.**.*..*******...****.***.~**.*.*.*.*..****.******...***...** - -4 - -4 - -4 'Ii .. -4 ..; ..; - .. .. .. - .. - ..; - .. - ~ - oj - ,~ ~ ...I ~ ) ) ) ) Traffic Survey specialists, Inc, 624 Gardenia Terrace \ Delray Beach, Florida 33444 Phone (561) 272-3255 , Volume Report with 24 Hour Totals ~a 1 *.*****....*.***..******.**************.*******.******.****.******.*****~**ge \ . ****** f Data Flle : D0514002,PRN ~ Station 000000051301 Identification 000110252067 Interval ) Start date May 14, 02 Start time Stop da.te May 14, 02 Stop time I City/Town Aventura, FL County Location NE 28th Court South of NE 187th Street i ***************;.**********.************************************.*********.**** ~ May 14 Northbound Volume for Lane 1 -------._-------------------------------~------._------------------------------ ~ End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- 15 30 4S 00 i5/15/2ee2 eS:29 561-272-4381 MCNALL V PAGE e4 15 minutes 00:00 24:00 Dade ~ ~ ~ -------- ~ Hr Total 20 10 8 6 9 14 49 173 275 252 244 215 --------------------------------------------------.---------------------------- ~ End Time 12 13 14 15 16 17 16 19 20 21 22 23 9 4 5 .2 S 2 1 2 1 3 3 ~ ... 2 2 2 o o 2 2 5 2 ] 2 7 9 10 9 21 36 38 39 60 76 72 63 62 66 63 58 65 67 49 60 68 63 49 50 53 ~ 15 5S 61 62 60 63 58 52 49 47 32 15 11 30 5~ SO 47 45 S1 58 S9 51 36 23 14 16 .; 45 5S 58 42 66 60 64 58 53 31 27 16 19 .; 00 55 45 S3 71 64 59 56 42 26 20 9 12 --._---- -.; Hr Total 224 214 204 242 238 239 225 195 142 102 54 58 -----------..---------------------------------...-----------.------------------ ~ 24 Hour Total : 3412 . AM peak hour begins: 08:00 AM peak volume: 275 Peak hour factor: 0.88 ~PM peak hour begins: 15:30 PM peak volume: 251 Peak hour factor: 0.8e , ...........**.*******.**..***********..*..*.************************..****..*** ~May 14 Southbound Volume for Lane 2 ~~~d-Ti;;---oo----oi----o2----03----04----05----06----07----;8----09----io----~~ ~-------- 15 8 6 4 2 4 1 2 19 17 41 26 36 - 30 16 4 0 0 1 1 4 21 2S 32 28 48 45 6 2 2 1 1 0 4 16 26 3S 21 43 - 00 7 2 1 0 1 1 22 24 33 33 41 50 . -------- -Hr Tota: 37 14 7 3 7 3 32 60 101 141 116 177 .------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -- -------- 15 30 4S 00 .-.------- _ Hr Total 171 186 182 270 261 2S6 247 270 229 173 136 7S . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,- - - - - - - - - - - - - , 24 Hour Total : 3174 .AM peak hour begins: 11:30 AM peak volume: 179 Peak hour factor: 0.89 - PM peak hour begins: 19:15 PM peak volume: 281 Peak hour factor: 0.95 ..******************************.*********************************************** ~ 37 49 40 45 S2 S4 40 40 47 50 41 44 68 66 66 70 64 65 59 73 49 72 73 62 61 62 50 74 63 74 62 7: 74 52 48 55 SO S2 36 ~5 40 36 30 30 28 20 17 10 ~ 1 1 f !/ -# ~ ~ ~ ~ ~ Traffic Survey Specialists, Inc. 624 Gardenia Terrace ~ Delray Beach, Florida 33444 Phone (561) 272-3255 Volume Report with 24 Hour Totals Page 2 ~ *******....***..**********.***.*******.*...**...**********.*******....********** Data File DOS14002,PRN ~ Station 000000051301 ~ Identification 000110252067 Interval ~ Start date Hay 14, 02 Start time ~ Stop date May 14, 02 Stop time ~ City/TOwn Aventura, FL County ~ Location : NE 29th Court South of NE 187th Street *.********..***.*.......**..********....*******.*********-..****.*..**....*.... ~ May 14 Total Volume for All Lanes ------------------------------------._----------------------------------------- ~ End Time 00 01 02 03 04 05 06 07 OB 09 10 11 e5/15/2002 09:29 561-272-4381 MCHALL v PAGE 05 IS minutes 00:00 24:00 Dade - ..; 15 17 11 5 4 4 3 11 S5 9S 107 93 99 ~ 30 20 6 3 2 3 4 14 59 97 9S 77 97 45 1..1 3 5 3 3 2 13 S5 89 93 81 93 - 00 9 4 2 0 6 8 43 84 95 98 109 103 .,j -------- ~ Hr Total 57 24 15 9 16 17 81 253 376 393 360 392 ---------._-------------_._------------~--------------------..._--------------- ~ End Time 12 13 14 15 16 17 18 19 20 21 22 23 ~ -------- 15 92 113 109 126 127 107 113 112 121 82 55 39 ~ 30 108 104 97 111 116 130 121 125 90 75 50 36 45 95 98 63 132 119 137 108 115 79 63 46 36 -.i 00 100 85 97 141 137 121 130 113 81 55 39 22 -------- ~ Hr Total 395 400 386 512 499 495 472 465 371 275 190 133 ~- ------------------------------~_._--------------------------------------------- <i 24 Hour Total : 6586 -A~ peak hour begins: 10:45 AM peak volume: 398 Peak hour factor: 0,91 4pM peak hour begins: 15:30 PM peak volume: 516 Peak hour factor: 0.91 ~**********..***.*****..t****t*..************************.****_...**..*..******* <i - ~ oj .; .; ~ .-J ~ ~ .- .. .~ .. .,~ ~ .,~- ~ .f~ ~ .'- ~ -- ~ ~ $ -... .$ ...... ~ ~ :; ~ ~ :j Traffic Survey Specialists, rnc. 624 Gardenia Terrace ~ Delray Beach, Florida 33444 Phone (561) 272-3255 ~ Volume Report with 24 Hour Toeals Page 1 ~ ...***......*......****.....**.**..**.....***.....****.**._*......******.*.**... ~ Data File D051400J.PRN ~ Station 000000051303 Identification 000110252089 Interval 15 minutes ~ Start date May 14, 02 Start time 00:00 Stop date May 14, 02 Stop time 24: 00 ~ City/Town : Aventura, FL County: Dade Location : NE 167th Street West of NE 28th Court ~ .***.***.....*.*..............*.....*........**.*.....**...**.........*--**.... ~ May 14 Eastbound Volume for Lane 1 ~-------------------------.---------------------------------------------------- ~ ~~~_~:~: 00 01 02 03 04 05 06 07 06 09 l~ 11 ~ 15 15 8 2 4 4 5 13 35 81 115 86 79 30 15 10 3 1 3 9 47 50 85 74 72 93 ~ 45 16 7 S 0 12 9 S4 60 86 86 88 93 00 10 4 0 ]. 8 13 75 68 107 85 91 91 ~ -------- Hr Total 56 29 10 6 27 36 189 213 359 360 337 356 ~ ------.-----------------------------------.------------------------------------ ~:~~_:~~: 12 13 14 15 16 17 18 19 20 21 22 23 ~ 15 94 118 125 134 122 156 124 122 92 67 52 24 30 124 117 119 129 126 127 126 82 89 S9 42 20 ~ 45 104 110 122 146 130 131 122 94 59 56 34 29 00 106 133 96 140 120 156 136 76 65 SS 26 12 ~ -------- ~Hr Total 428 '78 462 549 498 570 soe 374 305 237 154 85 --._.._----------._-~---------------------------------------------------------- ~ 24 Hour Total : 6626 AM peak hour begi~B : 11:30 AM peak voluree: 402 Peak hour factor: 0.81 ~PM peak hour begins: 17:00 PM peak volume: 570 Peak hour factor: 0.91 ..........................................................*...**************.** - 4 May 14 Westbound Volume for Lane 2 8S/15/2ee2 eS:29 561-272-4381 MCNtLL Y PAGE e6 ~ -------.----------------------------------------------------------------------. 4 End Time 00 01 02 03 04 05 06 07 08 09 10 11 ~ .-.----- * 15 18 15 2 5 0 3 9 35 85 70 6S 75 - 30 14 4 5 4 2 5 7 41 84 68 65 64 ,* 45 6 1 3 4 2 5 13 S2 60 65 73 59 -- 00 3 3 2 1 6 10 2S 58 66 60 67 74 "I -------- ~ Hr Total 41 23 12 14 10 23 54 186 295 263 270 272 ~ -----.---------------.--------------------------------------------------------- * End Time 12 13 14 15 16 17 18 19 20 21 22 23 ~ .------- 4 15 90 53 73 100 65 93 54 66 58 34 24 25 - 30 69 84 71 95 77 78 79 51 43 41 32 16 ~ 4S 84 80 3S 109 93 7S 79 58 43 43 27 24 - 00 74. 83 113 90 82 76 46 28 30 17 19 ~ 73 - -------- _1_ _ _ .~ Hr Total 316 291 328 417 325 328 288 223 172 146 100 84 ~ ---------------------------------------------.----------------------.---------- "I 24 Hour Total ~ AM peak hour beg , PH peak hour beg ~ **t*..*t***.*.** ; 4483 ns : 08:00 ~~ peak volume: 295 Peak hour factor: 0.87 ns : 15:00 PM pe~k volume: 417 Peak hour factor: 0.92 **t****..*...******.*.**.....****..*.**....**********........* - , - " - ., - ,., ,. , -:) ) -' -' j -' ) j ~ ~ ~ ~ , , ,~ ~ , , ~ " ~ 05/15/2002 08:29 561-272-4381 MeHALL Y PAGE 07 Traffic Survey Specialists, Inc. 624 Gardenia Terrace Delray Beach, Florida 33444 Phone (561) 272-3255 Volume Report with 24 Hour Totals Page 2 **.****.*****..************.....*******..**********.***..*.*************..****.. Data File DOS14003.PRN Station 000000051303 Identification 000110252089 Interval Start date May 14, 02 Start time Stop date May 14, 02 Stop time City/Town Aventura, PL County Location : NE 18?th Street West of NE 28th Court ***.*****************....***..*********************...***..*.*.....***.*****.*. May 14 Total Volume for All Lanes 15 minutes 00:00 24:00 Dade ---------------------------------------------------------------.--------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- 15 33 23 4 9 4 8 22 70 166 185 151 154 30 29 14 e 5 5 14 S4 91 169 142 137 157 45 22 8 8 4 14 14 67 112 146 151 161 152 00 .13 7 2 2 14 23 100 126 17] 145 158 165 -------- Hr Total 97 52 22 20 37 59 243 3519 654 623 607 628 -------------------.----------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 ---...._-- 15 184 171 198 234 187 249 178 190 150 101 76 49 30 193 201 190 224 203 205 205 133 132 100 74 36 45 188 190 217 255 223 206 201 152 102 519 61 S3 00 179 207 165 253 210 238 212 122 93 as 43 31 -------- Hr Total 744 769 790 966 823 898 796 597 477 385 254 169 ....... ~ ------------------------------------------------------------------------------- ... 24 Hour Total : 11109 ~ AM peak hour begins: 11:30 AM peak volume: 694 Peak hour factor: O.9G - PM peak hour begins: 15:00 PM peak volume: 966 Peak hour factor: C.95 ~ ..**........**.....**..*********...****...***...****....**....***......**....** ... .., ~ .., .-. ." .... 4 .>>. ., ..6>- .~ -- .., .'-" .." ~ .." .... ~ .. .; .-.. ~ .-.. .; .-.. ~ ,.. ~ --" ,., ~ ,., i-~ ,., L-'" " .... - ..J - -i _ (HCli +ROW) -i - JIAL K -i rLM D/If ~ MIM nUT _ TYPE 3 .4 AmI'lEH - VEHOO <II MAX GAP -.., IdM GAP MAX --1 IAAX2 -:~ AJU ~ _ ,SEQTO -.J : CtJID MIle _ I REDOCf: EV ... : YEl.lOC -... : RED ClA - ... - ... (C+E+ROW) _ 0 ... I S'tNC 1 -... 2 S'1NC Z _ 3SlMC3 ... 4 S'1IlC 4 - 5SYKt5 .. 6 mc 6 ~4 7 SYNC 1 _ 8 SYItC 8 · 9 me 9 - .. ! MEMA SYMC _ B NEWdD.O .. C - 0 .., E tOOR OORA F (CtO+t)-1 - '. - <II - ... - .. COORDlMATIO~ MlltllUtS (C+2+~(JIf) 1 2 IS 3 4 7 S 5 e 15 7 8 (C+o+c)..s ~D~. (FtGtO) WALK (ftO+l) oorr W (f+O+2) RED CL (C$-F).1 zoo~ - .. - .. - .. - ~ - ~ - ~ - ~ - ~ - "f - ~ - ~ - -'! - ,~ - -4 PHASE IIJIK 1 1 2 3 4 5 8 S8 W8 S8l HB 4 H 15 7 S 15 1 2.5 2 1 1 2.5 2 1 1 2.5 2 t 30 25 10 30 ~ .. 3 .. 1 1 1 (C+O+f)-l SYlICH PllASES 12345878 2 6 2 6 2 6 2 6 2 e 2 e 2 8 2 6 2 8 2 6 2 8 (f+f+ll.l*) o FAST G tUSH 1 GaEE" fL1Sl1 2 FUSH JlAlK 3 Q1JAA. PASSAGE .. SlKIL1. GAP 5 S[~ TooM6 6 ~ WAlK 7 DW. Y MJ.lK 8 EXT RECALL 9 .l MAX EXTEN 8 ItlH PEO ~v C SOH ACTUATtO o E START 'itK CAlL f STAAl PEO tAll (C+O+F}-Z 1 8 (C+PlAMft-ll)i) lUll dEW NASI FUCCTIONS 1 2 S 4 5 8 7 . 9 (Ftf+RQC) 12345671 C'tt1 E o PERMIT 2 458 1 FMeE 1 1 RED lot( 2 FlI\CE 2 t 'YflLlil l<X:X 3 ftKE 3 3 VEH NtH REC\ll 4 rOla .. .. PED RECAll S flJCt 5 5 PEDESTRI>>tS " 8 fflU 6 8 lEST lit MAU 7 FORCE 7 1 REO REST . F~E 8 8 ordllf tNTRY 9 RIHG OffSET 9 VEH t4AX RECAll 2 S A OffSET A A SOfT RW1.L 8 OFTSfT B B MlXII4.N Z C OfFSET C C COHO S~Vlct D END PE~ 1 D 1M!( too tAl.lS 12345678 E to.D RElE.\St2S5 255 255 255 255 255 255 255 255 E YEl.LOW STAAT r 200E OFfseT f FIRST PHASES 2 8 (C<<)-1 (CtOtF)..t (C+FtRaf) o u.a fREE t LAG PlAN 1 2 lAG PlJ,N Z 3 lAG PlAH 3 .. lAG PUN .. 5 LAG PLAN 5 6 LAG PUJl e 1 LAG fUll 7 8 LAG PlJM 8 9 LAG fUH 9 A EXTERtW. LAG. S C D [ r (C.o+t):ol (lW.,st: FUKCTI (J)lS 1 Z 3 .. 5 818 123 .. 5 6 7 8 2 8 2 6 2 456 LAG PHASES 12345878 2 .. 6 8 Z 4 8 8 2 >1 6 8 z 4 6 8 2 .. 6 8 2 4 8 8 2 4 8 8 246 8 2 .. 6 a 246 8 (E+E-H\OW) o o:a.USlvt 1 RIll CLEAR 2 AA2 ClEAIt 3 RR2 TI a.R 4 !'ROTIPER!( 5 FlH TO !'lENT 6 flASH ENTRY 7 NO VELO CK 8 MIl (l 'YELO 0: 9 11 flH VELD ~ EM VEH J. BEMVEH8 CEMVEHC DEM~n E 001\A 1 f Ie SELECT (Ct6+E).l25 Page 1 of .l --- CONf' I GURATllll 1 2 3 .. 5 8 1 8 (E+f+R()l) 1 2 3 " 15 8 7 8 o EXl PERNlT 0 2 4 S 1 EXT PERMIT 1 Z EXl ?ERNIT 2 3 EXCl.USIYE PEO 5 .. 5 PED 2P oUTPUT 6 PED l:P OUTPUT 7 P ED 4P O\JTPlJT 4 8 PEn BP OUTPUT 9 Flit YEllrM 2 5 6 A 8 C o 1 2 alE RESTRiCTED F EXTRA 2 2 (Ct04{)4125 .~------------- OADE COUNTY PUBLIC WORKS DEPARTMENT - Model 170 controller timing sheet locat ion: ME 29 AV & 100 ST Asset t &04 1 2 3 .. 5 S 7 8 (phases) 56 WB S91 tiS Oesipd by: f PAATS_ Date:12128JQ5 Checlced by, E lEE tlate: 12129/Q5 In service: C.;;itt;;J;tt Dab: 1/1//'" Timing I \ Phasing' 1 Sectlon: 38 S.O,P. COI\IS8ntt : AREA 2 SlilA \ AIlOR 1(M SSl. .U.'\.lO;) 3GV<1 ------ ZZt9 ~~t ~oc YY3 g~:~t <13~ zooz:st:~o -~ -~ ~ ~ ~= ~DR" -,014 "IIfQR5 ~OR5 ~6 ~ORIl ~ ~AH04 AMI) 4 ~ MAMO 1 ~ lAMO t IWlD2 ~ IlAMO 2 ..j 'fI - 'fI l - I ~. SP EV 1 , ~~SPEV Z _.SPEV 3 ~, SP EV 4 ,- i SP f.V !5 ~S SP EV e '~1 SP EV 7 . _8SPEV 8 ~a ~A DO FAll &3 , _ 8 ~C - 0 CN1' CTl ~ E X rnw.x .. F X WAlK - ~ - .~ - ..; - ~ \ - 2 .; ,- 3 .; 4 .- S .; ,- 6 ~ 7 - 8 11 9 .- A ~ - 8 .- C .' - D ~ E -- ~ r -- # '~ ~ . ,-~ ~ cu.o al.l.Iotl t COLtNt 2 COl..\Mt3 ASSIGlU.E murs Ct ATTRIIUrtS PHASES(S) ASSICJtIntS C 0 E F PIMt 1 2 3 .. 5 6 7 8 123-45818 12345678 PRETIM X PEPM 0 55 OUl. 2 Dl)II(IlIG o 39 45 7 123 8 PUt( 1 X PEP.M 1 DUL. 3 FiA t 40 45 7 t 23 8 PUM 2- X PEPJI 2 IFFl EVa 2 4t 4 5 7 123 8 PLJ.t( 3 * DAY lJF2 EVe 3 42 45 7 12.3 8 PlJ,M .c XeLOCl 5<4 OfF 3 EVD 4 43 45 7 123 8 PlJ,M 5 ST 1I14 82 fREE M 1 5 44 45 7 123 8 FUN II flSEMS at FUStt 70 M 2 6 .cs 45 7 4 123 8 PUll 7 D4A8lE 87 JPO GO' SP t 7 48 45 7 4 1 23 8 PUK 8 MrlJJC 89 MOT 1 SP 2 8 1,7 45 7 5 12.3 8 PL.AM 9 AlARM 65 MOT 2 mUG 9 ~ 45 7 5 1 23 8 DEtAY 1 PH B)Q( 2 OR \ 001 A 56 4 5 7 12.3 8 DELAY B ptl lUll 3 ~ 1 AND 1 a 51 45 7 \ 2 3 8 oo.A Y C II SET 2. (JI.2 MIl 2. C 58 45 1 1 23 8 DELAYD (l SET 3' M2 AlU) 2 o sa 45 1 123 8 OELl Y E DEl $T 2 113 AICD 3 [ 60 45 7 123 8 DELAY F OET ST 3 OR3 AllD3 F 61 -4 5 7 t 2. 3 a (E+COlIHi+R~) OOiR Cl (OR PStUDO) PIN I OETECTOf\ ASSIl>>lIl:NTS (C+o+E)al26, (E~L+fI.OI) 1 8 *X2 syon1 $V DET 2 $V ~T 3 $V DET 4 $V CET 5 S't lET I SV OCT 7 $V DEl 8 ICe IMBT rg fORt[ l 69 FORCE 8 69 CMA 68 tIl.O 49 YEW lECA1L (c.o.n-l26, FlH\ 0 FLH\ 1 F flHlt (CtC+9)-o.l co/) ~ tlOf 3 Mat 4 OR 4 d\ 5 M 6 .lJI) 4 llAHD 1 NANO 2 (C+O+E)-l27 . (~EV()(TI) DAY Of MEEK OfF S M T M T r s TIME PUH SET 1 2 3 4 5 6 7 B ASSIGIlA81E OOTPUlS c 0 E FREE NOT 1 TOot PlJJ( 1 001 TOOZ PUN 2 M 2 TOO 3 P1.All 3 m 3 TOO 4 PUN 4 AND 1 TOO 5 PlAN 5 AND 2 TOO 6 PLAlI Ii AND 3 TOO 7 Pllll 7 HOT 2 TOO 8 PlAIt 8 r:v A WJl1 PLAIt 9 tv B ~RN 2 tv t DEUY A EV 0 DEUY B P.Rt oruY C RR 2 otUY D SPl OElA Y E SP 2 DEll Y f ( E+COl~R~) ENTm ct (0It (9+[\'001) DAY or MEEK Off S IC T W T F S TIME PLAN SET 1 2 3 .. 5 6 1 o 1 2 3 .. 5 6 7 8 9 to. 8 C D E F (C4-0+9)oO.2 CCl.4 COLlHt 5 COlUMt IS COllNt 7 C1 ATTRIBUTES P1tASES(S) ASSIGMMEMTS F pINt 1 2 3 4 5 6 1 8 12345878 12345678 DIAl. 2 0 DIAL 3 1 OFF 1 2 efF 2 3 OFF 3 .. fREE 5 fLlSli & pPDfT 7 8 15 9 76 J.. T1 2 4 123 B 78 t D E F PSEooO) PIll. I DETECTOR ASSIGMKWTS (C+O+-E)-l2:6. (E+alL+ROll) Page 2 of "- location: HE 29 J..V & 190 5T Asset I 56S4 (Hct1+R~) Jl.R BRIG fIRE P~EEJflT taM. l B C A lU.LJ( 8 ~'T WAlK C IHlTlAl.. (F+CtQ) Rm STAAT (f+E+ROW) PI\EE1fIT o RRl DLY 1 RRl CLR 2 EVA OlY 3 FiJ.. CLR 4 M ll.Y 5 [VB Cu., 6 EVe DLY 7 ['Ie ClR 8 EYO DLY \ 9 [YO ClR A RR2 DLY 8 RRZ CLR (C,.o+-F)-\ (f+OtF) RED REVERT (C+O+f)"\ SSl. .u~.lO') 30va zag LH sac YV.:i H: ST 03\1. zooz'St. ~o '-'~ I >:J . I~ '~ ::J :J ~ ~ - ~ I _ . .. 1 .- l~ l~ I~ I~ 1':- I: 1':- 1':- 1':- I~ I .:- 1':- I: I : I : I -. I : I : I : I _'fI I _'fI I _'fI 'fI I. .- 'fI L- I _'fI I -. I _'fI . 1..- . L- L-. l: l: - ~ 05/1$!2002 WED 15:48 FAX 305 ~i7 6C22 DA.DE corp..'T\' TSS llJooc SIGNAL OPERATING PLAN - SIGNAL HEAD NUMBER I PHASE tNT ~ tf 1/1(, 5 (, pq. .cjJ "-~5 R/W G R ~ R Dw .J l'R ~ 58L T ,-+6 G R " , R DW , 1-- t= g , 5 ..-' J. '" tr 4 )I1J "" ~ - - I ..J 1T ~ /1./' HIed (,J t/J ~+C:> R/W G R R.. G G low 4 t t I- /v- :5 tf. y R R fY Y OW t= s 1- 0 to- ,,;).. 1 f ~, tr . Rcc.,...lL \oJ ..J U ; ~ ~b R/W R G G I~ R w l1L W NCJ Pt!/) r... L. R G G R R .~ ----------- .2.+5 R y Y R R IDW ftt q~~ 0 ... "....~ R. IY ,Y R R. D~ II tr c IAI 1-- ~1Tr .j lie.. 71JFk7~L u f-- - R/W 1-- N 0 l- ll[ C w FL As~; fI/(;. C)P u IY R R [Y IY AI--- Dr.." 00" . METROPOL1TAN O~DE COUNTY F f?e If' I~ '7{r4. DEPARTMENT OF . PUSUC ~ORQ \ .1~ss~T~NO: 35 ~c, t/~ C ".ell flu fl. J.I '( lIoN,.:"NO '6'""'- ' 12lth! t NE ;.cr fill ~ /10 :sr- DI vi . lOCI e:",i"..r 00" . PIQc.d I" I.nlt. T "'tic II", "u",l>. 00": If -I.fr" ley: CI''l/7tr.4<(''1{1 ., . . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -- '.J ~ ~ ..; .oJ ~ :J ':J ~ ~ ~ ~ ~ .~ ~ PATTERN SCHEDULE FOR 3454 US 1 & NE 187 ST FOR DAY I 4 (SECTION 38) TIME PT OFF NSG G Y R NG Y R WG G Y R SL Y S Y M eyc MIN: 1 7 1 5 0 22 10 30 13 4 1 7 4 2 7 6 4 2 10 5 7 95MID NITE 100 23 10 30 15 4 1 7 4 2 7 6 4 2 10 5 7 97LATE NIG 600 4 0 30 9 4 1 7 4 2 7 8 4 2 7 5 900FF PEAK 630 1 13 30 45 4 1 7 4 2 7 6 4 2 8 5 125AM PEAK 700 7 118 30 92 4 1 7 4 2 7 12 4 2 10 5 180AVG M2 800 8 118 30 92 4 1 7 4 2 7 12 4 2 10 5 180SCH HRS 900 9 118 38 84 4 1 7 4 2 7 12 4 2 10 5 180SCH HRS 915 7 118 30 92 4 1 7 4 2 7 12 4 2 10 5 180AVG M2 1100 12 52 30 92 4 1 7 4 2 7 12 4 2 10 5 180AVG M2 It 1330 11 92 30 92 4 1 7 4 2 7 12 4 2 10 5 180SCH HRS 1400 3 92 30 92 4 1 7 4 2 7 12 4 2 10 5 180SCH HRS 1430 5 83 30 92 4 1 7 4 2 7 12 4 2 10 5 180SCH HRS 1615 6 92 30 92 4 1 7 4 2 7 12 4 2 10 5 180AVG PM M 2100 2 61 30 68 4 1 7 4 2 7 6 4 2 10 5 150MID-DAY 2200 4 0 30 9 4 1 7 4 2 7 8 4 2 7 5 900FF PEAK ~ ~ ~ ~ ~ ~ ~ ~ .; -;. ~ -~ .; ~ 4 4 - 4 - ., ~ ~ ~ .~ ~ ~ ~ ~ ~ ,~ ,oj ~ ~ -.j ~ .- ~ .~ ~ ~ ~ ~ .~ ~ '~ ~ ~ ..,j ~ .~ ~ ~ ~ ~ ~ ~ Appendix B Intersection Analysis Worksheets - ~ -- 'fi -- 4 - 'fi - 'fi - 4 - -4 -...J ,~ ~ ~ ~ ~ ~ ~ ~ ~ :i ~ ~ ~ :J ~ ~ I ~ I ~ ~ I .~ I '~ I ~ J ~ I ~ J ~ I ~ t~ t -~ . I~ t '~ I .~ t '~ I ' l~ ~ t .~ I .~ I '~ t~ ~ ~ l~ 4 ~ Existing Conditions HCS2000: Signalized Intersections Release 4.1 1.a1yst: DPA 1ency: ite: :riod: :-oj ect IW St: 8/1/02 Existing AM Peak (R) ID: The Residences at Aventura NE 187 Street Inter.: NE 187 St/Biscayne Blvd Area Type: All other areas Jurisd: Aventura Year 2002 N/S St: Biscayne Blvd SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T R L T R L T R L T R 0 0 0 1 0 0 0 4 0 2 3 0 L LR TR L T 200 52 1997 247 45 2197 12.0 12.0 12.0 12.0 12.0 0 0 :>. Lanes 3Config olurne ane Width TOR Vol uration 1.00 Area Type: All other areas Signal Operations 3 4 hase combination 1 B Left Thru Right Peds B Left Thru Right Peds BRight BRight reen e110w 11 Red 2 5 6 7 8 SB Left Thru Right Peds Left Thru Right Peds Right Right A A A A NB A A A A EB WB 19.0 4.0 2.0 10.0 122.0 7.0 5.0 4.0 4.0 0.0 1.0 2.0 Cycle Length: 180.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) secs ppr/ ane rp Lane Group Capacity Approach v/c g/C Delay LOS Delay LOS astbound estbound 191 1805 1.14 0.11 388.2 F R 170 1615 0.34 0.11 75.8 E 323.2 FI .orthbound , R 5064 6802 0.48 0.74 9.2 A 9.2 A outhbound I 195 3502 0.25 0.06 82.1 F 3516 5187 0.68 0.68 17.9 B 19.1 B Intersection Delay = 30.6 (sec/veh) Intersection LOS = C -~ .~ .~ ,~ ~alyst: DPA gency: ate: 8/1/02 ~eriod: Existing AM Peak (R) ~roject ID: The Residences at .~/W St: NE 190 Street .~ ~ ~ ~o. Lanes _~GConf ig ~olume '~ane Width ~TOR Vol HCS2000: Signalized Intersections Release 4.1 Inter.: NE 190 StiNE Area Type: All other Jurisd: Aventura Year 2002 Aventura 29 Ave areas N/S St: NE 29 Avenue Eastbound L T R SIGNALIZED INTERSECTION SUMMARY westbound Northbound L T R L T R Southbound L T R o o o 2 L 292 12.0 o 1 R 312 12.0 30 o 2 T 104 12.0 1 R 233 12.0 25 1 2 0 L T 56 56 12.0 12.0 -.Duration 1. 00 ~hase combination 1 ~B Left ~ Thru _ Right -.j Peds ~ Left Thru ~ Right ~ Peds lJB Right ~B Right :ireen Yellow ~ll Red ~ ~ppr I ~ane ~rp .-;. 1as tbound Lane Group Capacity Area Type: All other areas Signal Operations 3 4 A A X A 25.0 4.0 1.0 2 vlc glC 5 8 NB Left Thru Right Peds Left Thru Right Peds Right Right A A 6 7 A 10.0 30.0 3.0 4.0 0.0 1.0 Cycle Length: 78.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) SB EB WE Delay LOS P P p p secs Approach Delay LOS .-. -1.Jes tbound .~ 1122 .~ 828 '-~orthbound I --~ 1388 , .-~ 1242 I '-:".5ou thbound L-'!. 699 L!' 1990 ... L.- ~ .4 3502 1615 3610 1615 1805 3610 0.30 0.32 0.40 0.51 0.09 0.19 0.38 0.77 0.09 0.03 0.55 0.55 Intersection Delay = 12.3 (sec/veh) 20.1 C 11. 9 B 15.4 B 2.5 A 8.4 A 8.0 A 16.1 \ B 6.8 A Intersection LOS = B 8.2 A 1 - r~ r ~ l I~ , .~ -jrnalyst: DPA ~gency: ~ate: 8/1/02 -feriod: Existing PM Peak (R) ~roject ID: The Residences at .~/W St: NE 187 Street HCS2000: Signalized Intersections Release 4.1 .~ ~ ~ ~o. Lanes .-yGConf ig ~o 1 ume .~ane Width ::-TOR Vol ~uration 1.00 ~hase Combination 1 ~B Lef t -. Thru .~ Right ~ Peds ~ Left . Thru ~ Right Peds ~B Right ~~B Right -Green 1tellow ~ll Red ~ ~ppr I ~ane '.~rp ~ ~astbound Aventura Inter.: NE 187 St/Biscayne Area Type: All other areas Jurisd: Aventura Year 2002 Blvd N/S St: Biscayne Blvd Eastbound L T R SIGNALIZED INTERSECTION SUMMARY Westbound Northbound L T R L T R Southbound L T R o o o 1 L 275 12.0 o LR o o 46 12.0 4 TR 2489 12.0 o 2 L 70 12.0 3 T 2865 12.0 o o 261 o Area Type: All other areas Signal Operations 3 4 10.0 122.0 7.0 5.0 4.0 4.0 0.0 1.0 2.0 Cycle Length: 180.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) A A 19.0 4.0 2.0 Lane Group Capacity ~ ~estbound ~J 191 jR 170 ~orthbound 1805 1615 ~'R ~ jouthbound .LJ 195 ~' 3516 5075 6817 3502 5187 ~ 2 v/c g/C 5 6 7 8 1.51 0.28 0.11 0.11 NB Left Thru Right Peds Left Thru Right Peds Right Right A 0.57 0.74 A A A A 0.38 0.86 0.06 0.68 SB A EB WE secs Approach Delay LOS Delay LOS 75.1 F E 894. 9 ~ F 10.4 10.4 B B 83.2 24.7 F C 26.1 C Intersection Delay = 65.2 (sec/veh) Intersection LOS = E - d- ~ ~ ~ .~ ~ ~a1yst: DPA ~gency : ~ate: 8/1/02 ~eriod: Existing PM Peak (R) ~roject ID: The Residences at ~/W St: NE 190 Street '~ ~es tbound ~ 1122 ~ 828 ~rthbound "? ~ 1242 ~ou thbound ~ 682 ~ 1990 -~ ~ ~ HCS2000: Signalized Intersections Release 4.1 Inter.: NE 190 StiNE Area Type: All other Jurisd: Aventura Year 2002 Aventura 29 Ave areas N/S St: NE 29 Avenue Eastbound L T R SIGNALIZED INTERSECTION SUMMARY Westbound Northbound L T R L T R Southbound L T R o o o 2 L 479 12.0 2 o 1 R 350 12.0 30 .~ .~ .~ ~o. Lanes _"'5lGConf ig "-olume .~ane Width .~TOR Vol .~uration 1.00 :1hase Combination 1 .f~B Left "" Thru .~ Right ~ Peds ~B Left ,~ Thru ~ Right ~ Peds ~B Right '~B Right _green Yellow ~11 Red ~ :-;I>pr I ~ane '~rp "~ ,sas tbound o 2 T 156 12.0 vlc glC 0.44 0.40 0.12 0.41 0.25 0.04 Intersection Delay = 11.9 Area Type: All other areas Signal Operations 3 4 A A X A 25.0 4.0 1.0 Lane Group Capacity 3502 1615 1388 3610 1615 0.32 0.51 0.38 0.77 0.55 0.55 (sec/veh) 1 R 523 12.0 25 1 L 167 12.0 2 T 85 12.0 o 1805 3610 NB 8 SB Left Thru Right Peds Left Thru Right Peds Right Right 5 6 A 10.0 30.0 3.0 4.0 0.0 1.0 Cycle Length: 78.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) EB WB Delay LOS 21.2 C 12.0 B 15.6 B 3.3 A 9.1 A 8.1 A 7 P P A A P P secs Approach Delay LOS 17.5 IB 6.2 A Intersection LOS = B 8.7 A ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ..J ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ~~ ~ ~ ~ ~ ~ ~ -~ ~ -:; - ~ ~ Future Without Project Conditions - 1) - ,~ - ~ - ~ - ~ ...... ~ -- 4 -- ~ ~ ~ ~alyst: DPA Xgency: ~ate: 8/1/02 ~eriod: Future w/o project ~roject ID: The Residences ~/W St: NE 187 Street ~ HCS2000: Signalized Intersections Release 4.1 AM Peak (R) at Aventura Inter.: NE 187 St/Biscayne Area Type: All other areas Jurisd: Aventura Year 2002 Blvd N/S St: Biscayne Blvd - 'Ii Eastbound L T R SIGNALIZED INTERSECTION SUMMARY Westbound Northbound L T R L T R Southbound L T R - .,j -;,po Lanes 1,GConf ig 'olume ~ne Width .RTOR Vol .. ~ration o o o 1 L 282 12.0 o 2 L 114 12.0 3 T 2351 12.0 o LR o o 4 TR 2137 12.0 o 81 457 12.0 o o 1.00 Area Type: All other areas Signal Operations 3 4 ~ase Combination 1 ';j3 Left Thru Right Peds Left Thru Right Peds ~ Right -;j3 Right ~reen ~llow -~l Red 2 5 6 7 8 - . WB .,j A SB Left Thru Right Peds Left Thru Right Peds Right Right A A A A NB .,j A A - .,j A EB WB 19.0 4.0 2.0 10.0 122.0 7.0 5.0 4.0 4.0 0.0 1.0 2.0 Cycle Length: 180.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) secs .; - .j)pr / Lane J,.:,ane Group ~p Capacity .,j .iastbound .. . ~s tbound #' 191 9 .lJR 170 .. ~rthbound Approach v/c g/C Delay LOS Delay LOS 1805 1615 1.61 0.52 0.11 0.11 79.0 F E 948.8 F ~ 5012 6733 0.56 0.74 10.3 B 10.3 B 1 ~outhbound .1 195 3502 0.64 0.06 90.1 F - 3516 5187 0.73 0.68 19.2 B 22.5 C ., ~ Intersection Delay = 78.7 (sec/veh) Intersection LOS = E - ., - <J ~ .~ ~ ~ ~alyst: DPA ~gency : ~ate: 8/1/02 -Reriod: Future wlo project ~roject ID: The Residences ~/W St: NE 190 Street ~ HCS2000: Signalized Intersections Release 4.1 Inter.: NE 190 StiNE Area Type: All other Jurisd: Aventura Year 2002 AM Peak (R) at Aventura 29 Ave areas NIS St: NE 29 Avenue Eastbound L T R SIGNALIZED INTERSECTION SUMMARY Westbound Northbound L T R L T R Southbound L T R ~ ~ ';/0. Lanes -LGConf ig ~olume .,ane Width .-RTOR Vol ~ ~ura tion 1.00 Area Type: All other areas Signal Operations 3 4 ~hase Combination 1 ~B Left _ Thru .; Right --;; Peds ...wB Le f t .; Thru ~ Right _ Peds '-B Right ........B Right .treen .ellow ~ll Red . ~pprl Lane _Lane Group ~rp Capacity Jas tbound . . .estbound ~ 1122 ~ 828 ......Jorthbound - ~ 1388 -. 1242 Jou thbound ~ 688 ~ 1990 -...-- o o 1 R 334 12.0 30 o 2 T 127 12_0 2 L 328 12.0 o o 2 A A X A 25.0 4.0 1.0 vie glC 1 R 255 12.0 25 1 L 60 12.0 2 T 107 12.0 o NB 8 SB Left Thru Right Peds Left Thru Right Peds Right Right A 10.0 30.0 3.0 4.0 0.0 1.0 Cycle Length: 78.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) EB WB Delay LOS 3502 0.34 0.32 20.4 C 1615 0.43 0.51 12.2 B 3610 0.11 0.38 15.6 B 1615 0.21 0.77 2.6 A 1805 0.10 0.55 8.4 A 3610 0.06 0.55 8.1 A - ~ Intersection Delay = 12.4 (sec/veh) Intersection LOS = B 8.2 A 5 6 7 P P A A P P sees Approach Delay LOS 16.5 IB 7.2 A - ~ -~ .~ ~ ~ ~alyst: DPA ~gency: ~ate: 8/1/02 ~eriod: Future w/o project ~roject ID: The Residences ~/W St: NE 187 Street HCS2000: Signalized Intersections Release 4.1 SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T R L T R L T R L T R 0 0 0 1 0 0 0 4 0 2 3 0 L LR TR L T 486 74 2664 359 110 3066 12.0 12.0 12.0 12.0 12.0 0 0 PM Peak (R) at Aventura ~ ~ - ~ '";Jo. Lanes ..l~GConf ig 101 ume ;'ane Width ..RTOR Vol ~ ~uration I I I ~hase Combination 1 ~B Lef t I Thru I..; Right ..; Peds I .wE Left ,..; Thru I __ Right I Peds I ~B Right ~B Right I ..Green I ~ellow -;'11 Red I - . I ~pr I Lane I j...ane Group I ~rp Capacity .- I j:i:as tbound " I - I -" I. ~e s tbound . - 191 " L J...R 1 7 0 " l -.-orthbound I - I ~~ 5057 llou thbound L.! 195 ~ 3516 ~ ~ ~ _ ,<tJ Inter.: NE 187 St/Biscayne Area Type: All other areas Jurisd: Aventura Year 2002 Blvd N/S St: Biscayne Blvd 1. 00 Area Type: All other areas Signal Operations 3 4 8 10.0 122.0 7.0 5.0 4.0 4.0 0.0 1.0 2.0 Cycle Length: 180.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) 2 A A 19.0 4.0 2.0 vie g/C 1805 1615 2.68 0.46 0.11 0.11 0.63 0.74 6793 0.59 0.92 0.06 0.68 3502 5187 Intersection Delay = 245.3 (sec/veh) 5 6 7 NB Left Thru Right Peds Left Thru Right Peds Right Right A A A A A SB A EB WB sees Approach Delay LOS Delay LOS 77.6 F E IF 11.3 11. 3 B B 88.0 29.6 F C 31. 6 C Intersection LOS = F ~ _.~ ~ ;;10. Lanes 1 LGConf ig ~olume I ~ane Width I .F.TOR Vol -.J t ~uration 1.00 II ~hase Combination 1 ~B Left I _ Thru I ~ Right Peds I ~B Left I ~ Thru ~ Right I Peds ~B Right I ~B Right I .2reen I ~ellow ~ll Red I - .. I ~pr I Lane I Lane Group I ~rp Capacity I .~astbound ~ I ~ I. ~es tbound ~ 1122 L.-;, 828 I .~orthbound I ':' 1388 I ,;J 1242 t Jou thbound ~ 641 ~ 1990 L: t: t: . ~ HCS2000: Signalized Intersections Release 4.1 Inter.: NE 190 StiNE Area Type: All other Jurisd: Aventura Year 2002 PM Peak (R) at Aventura 29 Ave areas N/S St: NE 29 Avenue Eastbound L T R SIGNALIZED INTERSECTION SUMMARY Westbound Northbound L T R L T R Southbound L T R o o o 2 L 520 12.0 o 1 R 375 12.0 30 ~ 4nalyst: DPA ~gency : ~ate: 8/1/02 ~eriod: Future wlo project ~roject ID: The Residences ~/W St: NE 190 Street ~ ~ i~ o 2 T 255 12.0 2 vlc glC Area Type: All other areas Signal Operations 3 4 A A X A 25.0 4.0 1.0 3502 1615 3610 1615 1805 3610 0.49 0.32 0.44 0.51 0.19 0.45 0.38 0.77 0.29 0.05 0.55 0.55 Intersection Delay = 12.4 (seclveh) 1 R 576 12.0 50 1 L 179 12.0 2 T 104 12.0 o 5 8 NB Left Thru Right Peds Left Thru Right Peds Right Right A A 6 7 A 10.0 30.0 3.0 4.0 0.0 1.0 Cycle Length: 78.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) SB EB WB Delay LOS 21.7 C 12.3 B 16.3 B 3.4 A 9.2 A 8.1 A p p p p secs Approach Delay LOS 17.9 \ B 7.6 A 8.8 A Intersection LOS = B -~ ~ ~ ~ ~ ~ ~ ~ ~ .j .j .j .j .. .. . . .. . . . . . . ~ ~ ~ ~ ~ ~ ~ Future Without Project With Modified Signal Timings ,- ~ - ~ - ~ - ., .- ., ,- ., ,- ., ,- ., - , ., :-:., '-- , -~ I ~ . ,., ~ '-'~ I ~ . ~alyst: DPA I ~gency: :i'ate: r~eriod: . ~roject ~/W St: I ~ I ~ . ~ . ~o. Lanes . 1.IGConfig ~olume . ~ane Width . ~ TOR Vol . ~uration 1. 00 I, ~hase Combination 'jB Left . Thru . ~ Right ~ Peds . '"m3 Left ~ Thru . ~ Right . Peds ~B Right . jB Right . vreen ~ellow . All Red . ~ . ~ppr I . .....ane ~rp . . . . . . .-;, . .J:Jorthbound . 4 .# . . !Outhbound . ~ 233 ~..... 2738 a-: l-':- !-~ HCS2000: Signalized Intersections Release 4.1 8/1/02 Fut w/o proj w imp AM Peak (R) ID: The Residences at Aventura NE 187 Street Inter.: NE 187 St/Biscayne Area Type: All other areas Jurisd: Aventura Year 2002 Blvd N/S St: Biscayne Blvd Eastbound L T R SIGNALIZED INTERSECTION SUMMARY Westbound Northbound L T R L T R Southbound L T R 0 0 1 0 0 0 4 0 L LR TR 282 81 2137 457 12.0 12.0 12.0 0 0 Area Type: All other areas Signal Operations 1 2 3 4 5 12.0 95.0 11.0 5.0 4.0 4.0 0.0 1.0 2.0 Cycle Length: 180.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) o A A 40.0 4.0 2.0 Lane Group Capacity v/c g/C ~astbound '~ .~ '~estbound .J.., 401 ~ 359 1805 1615 0.77 0.25 0.22 0.22 4152 6733 0.68 0.62 3502 5187 0.53 0.93 0.07 0.53 Intersection Delay = 38.1 (sec/veh) Intersection LOS = D 2 L 114 12.0 3 T 2351 12.0 o 6 7 8 NB Left Thru Right Peds Left Thru Right Peds Right Right A A A A A SB A EB WB secs Approach Delay LOS Delay LOS 74.7 57.9 E E 71. 0 , E 23.2 23.2 C C 83.7 47.3 F D 49.0 D ~ ~ ~ ~ :jnalyst: DPA ~gency : ~ate: 8/1/02 ~eriod: Fut w/o proj wimp ~roject ID: The Residences ~/W St: NE 187 Street ~ .- .- HCS2000: Signalized Intersections Release 4.1 PM Peak (R) at Aventura Inter.: NE 187 St/Biscayne Area Type: All other areas Jurisd: Aventura Year 2002 Blvd N/S St: Biscayne Blvd Eastbound L T R SIGNALIZED INTERSECTION SUMMARY Westbound Northbound L T R L T R Southbound L T R -#10. Lanes ::,.GConfig 'Volume :"'ane Width JTOR Vol ;.,uration o o o o 1 L 486 12.0 o LR 74 12.0 o 1.00 o 4 TR 2664 12.0 o 2 L 110 12.0 359 3 T 3066 12.0 o o ~hase Combination 1 ~B Left - Thru .. Right ~ Peds J-JB Left .- Thru .- Right Peds ~B Right ~B Right J;reen ~ellow ~ll Red 2 Area Type: All other areas Signal Operations 3 4 7.0 113.0 5.0 3.0 3.0 3.0 0.0 1.0 1.0 Cycle Length: 180.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) A A 40.0 3.0 1.0 - . ~pprl J..ane ~rp . .Eastbound . Lane Group Capacity v/c g/C .- - ~estbound ~ 401 J..R 359 .- -;';orthbound 1805 1615 1.28 0.22 0.22 0.22 5 6 7 8 NB Left Thru Right Peds Left Thru Right Peds Right Right A A A A A SB A EB WB secs Approach Delay LOS Delay LOS 588.2 F 57.5 E 518.0 F - ~R 4604 6793 0.69 0.68 18.0 B . -Sou thbound ~ 136 3502 0.85 0.04 135.8 F -- 3256 5187 0.99 0.63 57.2 E .; . Intersection Delay = 79.2 (sec/veh) - 4 18.0 B 59.9 E Intersection LOS = E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ;, ~ ~ '~ ~ '~ Future With Project Conditions , - ~ , - ..; '~ , '~ !~ l~ l~ 1:J , L:J L~ l~ I~ I~ L~ ~ ~ ~ -~ -~ .~ jnalyst: DPA gency: ate: 8/1/02 ~eriod: Fut wi proj & imp ~roject ID: The Residences ~/W St: NE 187 Street HCS2000: Signalized Intersections Release 4.1 ~ ~ ~ ~o. Lanes ~GConf ig volume ~ane Width ~TOR Vol ~ration 1.00 ~hase Combination 1 ~B Left ~ Thru . Right ~ Peds ~B Left Thru ~ Right ~ Peds ~B Right ~B Right ~reen .LeI low ~ll Red ~ ~prl ~ane '~rp 1~ , ~as tbound Eastbound L T R o o o Inter.: NE 187 St/Biscayne Area Type: All other areas Jurisd: Aventura Year 2002 AM Peak (R) at Aventura Blvd N/S St: Biscayne Blvd SIGNALIZED INTERSECTION SUMMARY Westbound Northbound L T R L T R 1 L 394 12.0 o LR o 4 TR 2137 12.0 o 134 12.0 o Area Type: All other areas Signal Operations 3 4 2 A A 40.0 4.0 2.0 Lane Group Capacity Southbound L T R o 2 L 117 12.0 472 3 T 2351 12.0 o o 5 8 1.03 0.39 0.22 0.22 198.1 F 60.4 E 12.0 95.0 11.0 5.0 4.0 4.0 0.0 1.0 2.0 Cycle Length: 180.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) NB Left Thru Right Peds Left Thru Right Peds Right Right A 6 7 SB EB WB Delay LOS A A A A vie g/C A sees Approach Delay LOS ~ , ~es tbound , ~ 401 1805 i_~R 359 1615 , i ~orthbound I- I jR 4149 6728 ~ L ~ou thbound I ~ 233 3502 ~ 2738 5187 ~ Intersection Delay L6 . 0.66 0.62 22.7 C 0.53 0.90 0.07 0.53 83.5 43.5 F D 163.2,F 22.7 C 45.4 D = 45.9 (sec/veh) Intersection LOS = D ~ ~ ~ ~ ~alyst: DPA ~gency : ~ate: 8/1/02 ~eriod: Fut wI proj & imp PM Peak (R) ~roject ID: The Residences at Aventura ~/W St: NE 187 Street ~ ~ ~ ~o. Lanes .J;..GConfig ~olurne ~ane Width 1TOR Vol ~uration 1.00 ~hase Combination 1 ~B Left Thru ~ Right ~ Peds -WB Left .J Thru ~ Right _ Peds ~B Right ~B Right ..Green .rellow ~ll Red ~ ~ppr I -Lane ~rp ~ .-Eas tbound ~ ~ HCS2000: Signalized Intersections Release 4.1 Inter.: NE 187 St/Biscayne Area Type: All other areas Jurisd: Aventura Year 2002 Blvd N/S St: Biscayne Blvd Eastbound L T R SIGNALIZED INTERSECTION SUMMARY Westbound Northbound L T R L T R Southbound L T R o o 1 L 484 12.0 12.0 o LR o o 94 o o 4 TR 2664 12.0 o 2 L 123 12.0 387 3 T 3066 12.0 o o Area Type: All other areas Signal Operations 3 4 7.0 113.0 5.0 3.0 3.0 3.0 0.0 1.0 1.0 Cycle Length: 180.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) 2 A A 40.0 3.0 1.0 Lane Group Capacity vlc g/C ~estbound ~ 401 .-LR 359 .- 7orthbound 1. 27 0.28 0.22 0.22 1805 1615 5 6 7 8 NB Left Thru Right Peds Left Thru Right Peds Right Right A A A A A SB A EB WB secs Approach Delay LOS Delay LOS 575.1 F 58.4 E 491.0 ,F -- *R 4599 6785 0.70 0.68 18.2 B -- .~ ..-southbound ~ 136 3502 0.95 0.04 191. 4 F .-, 3256 5187 0.99 0.63 57.2 E ~ -- --8i ,po. .41 ,po.. ~ Intersection Delay = 78.9 (sec/veh) 18.2 B 62.3 E Intersection LOS = E ~ J J J J J ~ J J J ~ ~ ~ ~ ~ ~ J ~ ~ ~ ~ ~ .; .; .; .; ~ .; .; .; Appendix C Background, Committed Development, & Project Data ~ ti .; ~ ti ~ ti - ti - .; - ti - .; - .; - ti - - - .; - .; , .. 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CIl 0 0 0 0 0 0 0) E 0 0 0 0 0 0 ~ 0) ~ . ::J 0 0 It) 0 It) .... 0) '0 0 0) i M N 0) M .... 0 > <D ('f) N It) N C .... .c CIl 0 .c CO 0 N ('f) ro i Q) It) ... .. E '<:t It) It) CO - III IV ..... ..... ..... ..... .... ~ 0 a:: ... ::::J ... tn Z C) ~ o M M II CIl C) IV .. CIl ~ o C") .... N i ~ ~ ,~ ~ ~ ~ ~ ~ ~ ~ "Ii "Ii "Ii ~ ~ "Ii ~ "Ii "Ii "Ii "Ii ~ ..; ..; ~ - .. .. ... ... ... Committed Developments AM Peak Hour PM Peak Hour Vehicle Trips Vehicle Trips ITE Land Use Designation! Number of In Out Total In Out Total Units The Carlisle at Aventura Residential Apartment (Land Use 220) 180 DU's 15 77 92 75 37 112 Harbour Centre Specialty Retail (Land Use 820) 6,400 SF 0 0 0 7 9 16 GeneralOffice (Land Use 710) 224,059 SF 308 42 350 57 277 334 Total Committed Development Trips 323 119 442 139 323 462 Source: DPA 1. Based on ITE Trio Generation manual, Sixth Edition - .. - .. .. .. ... - ~ - ~ - .. .. .. .. 4 4 .:.t:. m (1) 0- m ~ .... :J <{ ... C I (1) ... ~ c (1) ... 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IE ~ ~ ~ U CD - b ~.e '5, '0 c(~e g :I: O.c pl oUi ~ ~ ~ lll.g ro ::> - .l<: .l:l Om <5 ... 0::: --! 0 Q) ~ c: ec ! ~ '0 Q) c: .;:: a. UI m 01 c: .~ UI E Q) ~ UI >. ; .c 01 :2 '0 t:: m a.. . M I 'Ii ;; 'B, ~ c:: m a. 15 "iij CD '0 "0 IE ]i 0 ::l c: o m >. c: ; 0 .c ~ ~ e c: ... m 0 € elii' ::l E .0 UI ~ m <5 ~ "iij 18 :s ~ 0::: c( CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, City TO: City Commission BY: Joanne Carr, Senior DATE: August 18, 2002 SUBJECT: Request of City National Bank for miscellaneous sign variances to permit two existing wall signs to remain at 2875 NE 191 Street. (10-SV-99) September 3, 2002 City Commission Meeting Agenda Item 3 (' ~ RECOMMENDATION It is recommended that the City Commission deny the request for Sign Variance in that it does not meet the criteria for granting of variances found in the City's Land Development Regulations. THE REQUEST The applicant, City National Bank of Florida, is requesting the following: 1) A variance from Section 31-191 (g)(2)(c) of the City's Land Development Regulations to permit two wall signs, each 656 square feet in area to remain on the north and south elevations of the Turnberry Plaza office building located at 2875 NE 191 Street, where two wall signs measuring 240 square feet each in area are permitted by Code; and 2) A variance from Section 31-191(c)(23) of the City's Land Development Regulations to permit the two wall signs to be located more than 50% above the building's roofline, where City code requires that no more than 50% of the sign extend above the roofline. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Turnberry Plaza, Ltd. NAME OF APPLICANT City National Bank of Florida ADDRESS OF PROPERTY 2875 NE 191 Street (Turnberry Plaza) SIZE OF PROPERTY Approximately 3.69 acres LEGAL DESCRIPTION That portion of the East Yo of the Southwest Y. of the Southeast Y. of the Northwest Y. of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, lying South of the NE 192 Street limited-access right-of-way and less and except the south 35.00 feet thereof for right-of-way purposes. LAND USE DATA Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: B2 Community Business District 82 Community Business District TC1 Town Center District TC1 Town Center District B2 Community Business District Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Office Building William Lehman Causeway and Aventura Mall Shopping Center Office Building Hotel and Shopping Center Future Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office Business and Office Town Center Town Center Business and Office The Site - The subject site, the Turnberry Plaza office building, is located on the north side of NE 191 Street west of NE 29 Avenue. (See attached Exhibit #2 for location map and Exhibit #3 for aerial photo) 2 The Project - City National Bank, located on the first floor of the 10-story office building, is requesting a sign variance to permit two existing wall signs to remain. (See Exhibit #4 for photographs of existing sign) ANALYSIS Citizen Comments - The Community Development Department has received no written citizen comments. Community Development Department Analysis - The installation of two signs for City National Bank, each measuring 8 feet high by 82 feet long (656 square feet each, a total slgnage area of 1312 square feet) was permitted by Miami-Dade County on December 27, 1995. These signs were installed on the north and south elevations of the 10-story Turnberry Plaza office building in February 1996. On June 3,1997, the City Commission adopted it own sign regulations by Ordinance No. 97-17 (now codified as Section 31-191 of the City's Land Development Regulations). Non-conforming signs were allowed to continue until the expiration of an amortization period concluding on June 3, 2003, providing that each sign was registered by its owner within 90 days of the adoption of the ordinance. City National Bank did not seek registration of their two signs, but rather made application on June 30,1999 for sign variance to allow the signs to remain in place. The matter was originally scheduled for public hearing on October 5, 1999 but was deferred at the request of the applicant. On July 11, 2000, the City Commission adopted Ordinance No. 2000-18 (now codified as Section 31-191(k)(2) of the City's Land Development Regulations) which provided that non-conforming office wall signs may remain in place until June 7, 2003 if they were registered within the City within 90 days of the date of the ordinance. The owner did register the two signs pursuant to the ordinance and the signs are therefore allowed to remain until June 7, 2003 if no alterations or repairs are made. The applicant has requested that the sign variance request be re-scheduled for public hearing at this time in anticipation of the expiration of the registration period. Criteria The criteria for approval of sign variances as provided by Section 31-191 of the City Code are as follows: "A variance may be granted upon showing by the applicant that the sign variance maintains the basic intent and purpose of the regulations, particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. " The requested sign variance does not promote the stability and appearance of the City. The City Code allows the applicant to install two wall signs of 240 square feet each on the building. The applicant's signage is 2.7 times larger than allowed by code and is 3 located more than 50% above the roofline. Staff believes that signage of this intensity serves a function that is primarily one of advertising or publicity. This is not in keeping with the basic purpose of the City's sign ordinance, which is to allow slgnage that serves a legitimate directional purpose while discouraging signage that functions primarily as a marketing or publicity device. The existing office building to the east, which is of similar design and height, has erected two wall signs that measure 240 square feet in area each, which complies with the size requirement of the City Code. A sign variance was granted to permit these signs to be erected more than 50% above the roofline of the building for aesthetic purposes. These two signs provide adequate direction to the building. In the event that the City Commission wishes to approve the request for sign variance, staff recommends that the following condition apply to such approval: 1. Two wall signs reading "City National Bank" measuring 656 square feet in area each, on the north and south elevations of the Turnberry Plaza office building located at 2875 NE 191 Street, be allowed to remain in place until such time as either sign is moved, altered or are damaged beyond 50% as determined by the City Manager. At that time, the subject site will be removed and any new sign or signs shall comply with the City Code. 4 t(1:.\;fIVED JUN 3 0 1993 Letter of Xntent COMMl.lNfTY PMLOPMEHT The subject property is located at 2875 N.E. 191st Street, Aventura, Florida' 33180. The herein application is a public hearing application for a sign variance for the existing signs on the building. The Applicant has been a tenant on the main floor of the building and their signs were legally permitted. The building has become commonly known as the City National Bank Building and tenants within the building use the City National Bank Building as a reference in directing people to the area. The Applicant respectfully requests that a variance be given so that the Applicant can maintain their signage as it currently exists. . SNYDER, Attorne for Applicant, City National Bank of Florida CI\WPDOCS\ZONING\CITY\LETTER.INT EXHIBIT #1 10-SV-gg .~i~~~.;:f'M~;~'Hli~~~if'l~~~~'.' "/: EXHIBIT #3 10-SV-gg EXHIBIT #4 10-SV-99 Existing City National Bank Sign 2875 NE 191 Street RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR CITY NATIONAL BANK OF FLORIDA, LOCATED AT 2875 NE 191 STREET, TO ALLOW TWO WALL SIGNS, EACH 656 SQUARE FEET IN AREA ON THE NORTH AND SOUTH ELEVATIONS WHERE TWO WALL SIGNS MEASURING 240 SQUARE FEET EACH IN AREA ARE ALLOWED; APPROVING A SIGN VARIANCE TO PERMIT TWO WALL SIGNS TO BE LOCATED MORE THAN 50% ABOVE THE BUILDING'S ROOFLlNE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District, a non-residential district; and WHEREAS, the Applicant, City National Bank of Florida, through Application No. 10-SV-99, has requested the following: 1) a sign variance to permit two wall signs, each 656 square feet in area on the north and south elevations of the Turnberry Plaza office building located at 2875 NE 191 Street, where the applicant is allowed two wall signs of 240 square feet each in area; and 2) a sign variance to permit more than half of the eight-foot height of each sign to be above the roofline of the parapet area of the building where City code requires that no more than 50% of the sign extend above the building's roofline; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 10-SV-99 for Sign Variance, for two wall signs, each 656 square feet in area on the north and south elevations of the Turnberry Plaza Resolution No. 2002-_ Page 2 office building located at 2875 NE 191 Street, where the applicant is allowed two walls signs each of 240 square feet in area, on property legally described as: That portion of the East Yo of the Southwest V- of the Southeast V- of the Northwest V- of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, lying South of the NE 192 Street limited-access right-of-way and less and except the south 35.00 feet thereof for right-of-way purposes, aka Turnberry Plaza, 2875 NE 191 Street. is hereby granted exclusively to City National Bank of Florida. Section 2. Request for a Sign Variance to permit more than half of the eight- foot height of each sign be above the roofline of the parapet area of the building where City code requires that no more than 50% of the sign extend above the building's roofline is hereby approved. Section 3. The sign variance in Sections 1 and 2 above are granted subject to the following condition: 1. The sign variance granted shall be null and void if either sign approved by this resolution is moved, altered or damaged beyond 50% as determined by the City Manager, at which time the subject sign wiH be removed and any new sign or signs shall comply with the City Code. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow Resolution No. 2002-_ Page 3 PASSED AND ADOPTED this 3rd day of September, 2002. Jeffrey M. Perlow, Mayor ATTEST: Teresa M. Soroka, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2002, CITY CLERK City of Aventura City Commission Meeting Date Agenda Item No. J c... q-3- (jL, Date of Verbal Communication: 'g_).. ~-{)L Subject anq Substance of Communication: 70 Ivllt j;y V~--/""t ~ ( Respectfully, Commissioner or Board Member receiving communication: Filed this 3 - J4f I'- fJU,lt/v Na /L /f~' ture City of Aventura City Commission Meeting Date Agenda Item No. ~ C- Oate of Verbal Communication: ? BtJ /20<)'2--- ~} IJ j; 0:) 2-- Identity of Person or Entity Making Communication: lln,dJ S~() /41 Subject and Substance of Communication: /",/lu.o/ /<6/ Stp, Respectfully, Filed this :s Commissioner or Board Member receiving communication: -) 1" ) J_ f"4Tr<i Lt -1 ,\,<,,,,-,,. L ~ Name ,/ U ,2lbL City of Aventura City Commission Meeting Date ~h Z- - Agenda Item No. ~ C. / / Date of Verbal Communication: 2-- ~ Identity of Pers~Qn or Entity Ma ing ollllTlunication: /!t'c'lfAn\.. ,(,NVoF';J - /'/ltrt l,.1/, t)/J/t:J _- J/ . ~ ~~.~f Subject and Substance of Communication: 7.-.11/10'1 A/ f, - ~> 6".., --- Respectfully, Commissioner or Board Member receiving communication: tI/: Q. ~.../ -1 i~I'U" (7. 7Z ' ~e /-~', /.. ." { ,'/ / ::::,~.y'I",--,,~ /' " Signature' r V Filed thia day of ...:<.:..c,:....'.,':-":'..,.<.,-.".;,............,::'.....:'.': . ,'.., '..:..,.,.......".'.:.......'..'..,...:----:.. ....., . . gl'QL.tQl~ QF V~RBAL CONTACT . . . Ordinance 96..09 CD":co;;-> ':::;.';;:::' 1--. --.., 9i_E ~ '\.. . Ci?PojExC~ City of Aventura City Commission Meeting Date 0//3/0?.. Agenda Item No. ~ c Date of Verbal Communication: J'/L?/(}~ Identity of Person or Entity Making Communication: '/AICf-ltIE'l ::r: J/V'fDErl. fJ-71ofl.lAi-'7;:;/<. Af>j)Llrl'J~l Subject and Substance of Communication: (f!!ilPlG'1L7i?D 7.) ,.,e=-- 1+" 'R.tCrr....s ti>1< /.l-rp"""IMC- {ltr;. 7'I2C;vot/- r:;,'L r;c~ ~n'AAHt- Respectfully, Commissioner or Board Member receiving communication: ~ t(QIfVj'L &ll.c...fL Name t2IJ. /(..-<k- Filed this 3 CITY OF A VENTURA ~, ./..~~ .,. C'~~f E;Ce~ Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: '3 C Item No. of ~_ agenda of the Aventura City Commission. <1/'3/u 2- Date of Verbal Communication: L/.7 01.. L Identity of Person or Entity Making Communication: 4;1~loAH l..AMdft Subject and Substance of Communication: 7YR.n:o?i1:J 1-1./ r 4'll.C"hF,wC FOP- G='()AC/"H~ (.}(l 'flL,c ilYVTT ~ C'4<.. 6.0 Respectfully, Commission or Board Member Receiving Communication: AQ>1ft,.Q. ar;-Pc.rt... Name Signature (Za, ,~,/ , Filed this ~ day of 02. City of Aventura City Commission Meeting Date c?-:f - cJ' c:z Agenda Item No. -.9 ~ Date of Verbal Communication: C/ - 3 ~o ;L Identity of Person or Entity Making COlJlmunication: w,'/ It '-'/ /11 ~ ~,l/dA Subject and Substance of Communication: ~~~Z / /5: ~ . ~ ~ ~o~~~~:p~ ~~;jRIL1? Respectfully, Commissioner or Board Member receiving communication: Filed this 3 day of u~?- m"""'. ::: -;'. - ' . /' ./':. ....-...c.-...- ,,: " ".'-- . City of A ventura City Commission Meeting Date SE P r- 3, 1--fJ 0 L- Agenda Item No. '2:> e-. Date of Verbal Communication: ~ 3.0 r UJ () L Identity of Person or Entity Making Communication: N\\~-L SN~,j)bTl- Subject and Sul:!st,;mce of Communication: (!j) AJC-CfVtJ () r- s I G AJ 0 tJ ~frVk ~ (A::,G- t n'1 IJ AT"" f L Respectfully, Filed this ~ Lday of Commissioner or Board Member rec~~;::~ca~>~A1~ N~ --Signature ......1Eo c...-d uc U"1.~l.Ip ".2 . APPUCANT REPRESENTAnve AFFIDAVIT I'InUInt to Section 31.71lbl(2l(e al fie cay 01 A....... ~ 0Mlapmem Code,IUs AI>Pbnt ~Iiw AItida\t ill llereby made I!IlI Wlnllled. The U11Cb~..d IllI10dzed ~ al fie tldivil.JIJ CI( "*J IpflI)q IoIIle DewlIopnerl PemICl, wIlicllls IdcnII'IOd k11he ~ 1IIlPbtcn, Illd... _cllhe proporty sdJjoel to hI..1C&\Ion (ll dII8r8IIl) hereby l$ls &nd ldenlIfoes all peIlCllS 1IpreHIUlg'" idWIuaI or anliIy ~ !of Ihe Ile\'OIopmenl PennI kI COI._'.... 11e1l'Pkl1iDn, 1$ blows: NMne ~,-.:-......-.~ ~~I.aII6/III>.E"-J Mien....! J. Snyder. ESQ. Attorney \AIIIdl AdcItlanal SNeIs II NeceIsaI)1 NOllCE: ANY STATE1IENT OR REPRESENTAllDH MADE BY ANY PERSON US1ED ON TIlE APPUCANT REPRESENTATIVE AffIDAVIT SIIAU. BE IllNDING UPON THE '"DIVlDUAL OR ENTITY APPL'IING FOR TIlE DEVELllPIIENT PERIIIT AND THE OWNER'llF TIlE SU8JECT PROPERTY. APPLlCAIIT$ AND AFFIANTS ARE ADIIlSED TO TIMelY SUPPLEMENTTHlS AFFIDAVIT PURSUANT TO SEe. al.11l9)(2l(lV) OF TIlE atY'S LAND DevelOPMENT IIEGULAllOHS IN THE CITY CODE, IN THE eveNT THAT PRIOR TO COIISIDeRATlON OF TIle APPUCAll0N BY TIlE an BOARD OR COMMISSION. me INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOIlPLETE. WI1llESS MY HAND lltS ?:L.DAY OF AIJlHORIZED REPRESENTATIve OF APPUCAHT: By; August : I ,UOl TURNBERRY PLAZA, LTD., OWNER a Florida corporation ~ Br~/~L":" E-1'..."tJ._ lSPurfJ ILl- N_:mTJ,rAMW.~~A ./ r~: (PIid) p....z.- ~ r- . Addtess: 2875 NE 191st STREET, SUITE 511 AVENTURA, FL 33180 (S/gtlaronJ Nalll8: TI\Ie: (PrWJ Add,..: STATEOFf\.ORIDA I COUNTY OF MlAMI.(JADEj Bekn "",the IMldtnlgned Olllhorily I*'O/lIIIY appeared WILLIAM lANDA 1$ the IUtlorIz8d reP<<lsenta1ive ol1hll AjlpIicinl enlliOl ... owner rt lh8 PlOpeIty sUIjecI III lie eppIcation, whl being Irs! by me dWy IWOOI, ~ or atf"", I ~e/oI1e eucu\elllhls AlIida'lil 101 tie puposea eIaIIId ~ln end IIeIIII; we end ClOIIllCl. " '.If. ~2Z .. _ . SWOfCN TO AND stJlISCRlllED IlEFOIIE ME....zJ oily at A ug u s t : . OFFICIAL OTAR SEAL ~$~ StlSAN DOOKHRAN PUlic S\IIe 01 Florida No La'll" NOTARYPUBIJC srATE OF FLORIDA PrWId NellIe oINc1ary COMM15SION NO. CC838719 M . MY COMMISSION EXP, MAY19 Y IXIIlI1liIIlon upQI; p.;! . APPLICANT REPRESENTATIVE AFFIDAVIT "-.. SecIional.7l\llK2KO at lie cay",.".... \.at 0.. .b;.....4Code.1lllI AppliCanllllpl__1lalivI Mdavl is hen!OymldUlllINlmIIIId. 'IlII1Ildb...,..d 1llhllilJId,...... of III hlMIrJllot IIIlitJ ~forlll Dhllopl...... Petmil, liI:ich Is 1dInIlied.. fie "Ow,~_.,~ 1\... do.\ IlICIlhI_oIll1 llrClptltySllbjoctIO III ~ (f dl*enl) hIll!IIy Isls II1d ideIItirllS iii pt/1CllS reprtSring llIildMduIIor II1IiIy IIllIIl'Dg lor III 0ev9bpment Ptnnl i1cCMICIioo,lII1 t1t1flpli:dQn, as~' 1hme MICHAEL J. SNYDER, ESQ. ~h .-.........lMIaolIIt r\o:IlIocII, e.,......,!lIMrIIrJ. EI:.} Attorney ~ MIIonIlShllllI,* fJ IlOTICE: AIIf STATEIIENT OR RE'"''''A11ON IIADI! IY ANY PERSON USlEO ON llI! APPUCANr IlEPRESENTA11VE AFFID4V1f $/tALL ft INNlllNG UPON THlIltllMDUAL OR EHmY APPLllNG FOR TIft: llEVELOPIIENt PERm NCD THE OWNER.Of THE SIl8./ECT PROP!RTY. APl'l.ICAK1S AND AFf1ANl$ ARE ADVISED 10 11IIEl Y Sll'Pl.EtIEHT nos AFFlOAVIf PIJIISUANT TO S&C.ll.lll8l\2l(lY) OF TIlE am LAND DEVaOPlAEHT RfGUl.AllOIIS IN 1llE CllY CODE, IN THE EV~NT THAT l'IllOIl TO CONSIDERATION OF THE APPUCA110N IY TIlE QT\' BOARD OR COIIMISSlON, T~ INFOAIIAnON PROY1IIEO IN THE AFfIDAVIT BeCOMES INCORRECT OR INCOIIPlETE. WlTHESS MY H1MO 'ntS _ DAY OF AU<just .2llO! OWNER n Grondell e ~ Vice ~;9sident ~ 25 W. Flagler Street Miami, Florida 33130 By: NImo: TI\II: ~J (/'IirtJ 1ddrIss: STAlE Of F\.ORIOA I COUNTY OF MIAMI-OMlE) Hans Van Grondelle, 8eIoIe .... the ....Igned ~ pe.....rlly IppearId . II It, IllIlDrizId ......-livt Of the Appbnt Incl/cf .,. - 01... ptOptIly MjIclIO 1lI1IppIar.1oo" lIIhO bmg Illl by _ did ~()( allirm t'101 he e_...Is AllilhItlorllt llUlPOIIIllIIed ~ llICI_llls WIleanllCClteCl. .....- - SWORNlOANOSOBSCfttIE'08EFOAEME\I1Is_dlyCl AU9ust~. ~~:~L~ dffOLj ......" NalIty ~.- I rlllllllmialiln...: -,~~, ROSAAIOMIlLAN-PURKEY i",~,o1 MY COMMISSION # CC 965226 ~. '-j EXPIRES: January 2. 2005 "~P.f:,'r.i.' Bonded Thru Notary .PubRc: Ulllltrwrftefl .------..... .__..#~--_. HUe ~~ U~ Ol:50~ p.3 . BUSINESS RELATIONSHIP AFFJDAYrT* This Alrlllavl is made Il\II8U11llIO SecIian 3HI lbl(2){i) 0Ilt'.. City of Avtnlura land IlMIOpmtllI Code. The ~ A1f1lWlt hereby d~"t lmatk will Y IlIP"'-IIblt pclItionI only) ltta. Atl'1Mt does l!!!I haw. ~ AeIaIk._ wt#l-.y lll..,cll1e City CanImiMion 01 &rrf CiIy AcMsaIy IlaeId III WliCllfle "llPl' ~ .... III lll_llId. . t 12. AMant heI8by dIsc:loses IIlllI . doll - alll8ilas8 Rell1ionlhJp .. a memIIar 0/ I1e Cily COrtrni!alon 01 . ~ MvlsoIy Board 10 whtllllll tppIcalian wi be..-ad. as fGIows: (LiIl name Ii Coom........ Of AlhiIcry Iloanl MonWr) who _ on 1ho lLiIl City Carnmissioo Of Qy Mvi80ry bId upon o.l1idl member -~ The nolU'. 01 tile IlllUlAts RolalIonsnIlIs aslolows: I I! IF Member 01 Cily CoItmIs8lClll or IloaI\lI1Olll& an ~ nteresl ile_ of 1'10 0I11llal wet$ Of capIIallllDck of AIlPflcaIt III R1p-....; I I I I , i i I I: I: I ) :;, Member of CiIy Cotnmioaion 01 Board io . pBJtlet. _rll1olclor I" 10 "'-.s ./ . co""""don whtll .,. not Istod on any nalional Of regional slock ~.l'" joi1I_llrIl wI1lIlhe AjlflIicanl.or flepr8S4lftlaljve il.wy business vtntuIe; II iii. The ~ 01 flepreslllll1ive Is a Cllelll 01 a memIJer of ... City Commission Of lloatd or . CIion! of IIlOIleI plDIllSIlOnaI ~ Imm the same 0lI'ica or lor the sam. 8fl1lIoyIr as the member 01 t.e Cly CotMmbll or 1loaI\l; A CiIy eooml&alQnBl or bId momborli I c...-. 01 tI.. Applicant or Rell-r;...,; The ~.t or RepmematIve Is a CusloIr.... 01 lhl lllIIri>or of th. cay Commission or Iloatd (or 0/ his or h... 1IlIpIoye~ ond lranNcIs /lIO/I! dlan $10.000.00 o/~.", b..i1eu 01 \he member.1 the Cil} Cornmissiln or Board lor lis or her 8l\IllIO\Wl in IIJiveIl calondw yw; I [JIY. IIv. II vi. The m._ of... CIty CcHnmIsllon or Boonlls I Cu_ oIlhe Applicant or Repr_Ul/Illlld transads IllOr8 lhIn 525,000.00 oIlhe business c11le Applicllnt 01 ~ In a given caIIIldBr ,... WITNESS MY HAND llflS .27 DAY OF /ltfltl./ r .2OOl, APPlICANT: By. Na...: lillo: ~} {Pm} (f7rif) WllNESS NY HAND THIS e!l... DAY OF A UI! us t .. PROPER'lYOWNER: TURNBERRY 47-;~~ NMle: w. --. TlliI; PARTNER / AGF.I1f PLAZA, LTD., a Florida corporation ($9IoIrnJ (Pm) IPrfnI) "lI>> Ifrma 'Busilos.t AIIa,*-^"." "CI1M~. "Cut1Omer." ?,opfcn," 11""..".,.,.," anti "lillo.-Afd PMsctJ" .,. rIBIiIIfd ., -.2-395 afIheA_. ClyCoda. ----.-.,. Hue 23 02 0l'50p ,..4 - .rAlIllF...- I _llF..-oa NO'IARIZA'IION 1IGtWIIttU"Y.! I . WILLIAM LANnA Iftn....,.. .. JJ '_ ..~.~....... 1W M.-. '*".... hllr... ~.....,....... di!In Iv.t __IliI_......~__..,...I~......._ ~;/-X'7~ WI 14 d /f~~t? dvM/?Z~ NolIIy ......-"IbWIIiL*ll8 _to -.....,,-, M1~~."" SlJSANDOOKHRAN NOI'A1lY PUBUC Sf ATE OF FLORIDA COMMISSION NO. CC838'119 MYCOMMISSION EXP. MAY 19 STATE Ill' IlIlAIIA I .COUIIIVCIF IIr'M CMDe) .- _.... o..6on/glIld......,.. --'t.-.o __.._1ot"~""_1lIII"1.0Ut""_ ...-.......boiIg ItIllor""'_dil_rll_11II !. , I I _lONllSlllliallllO_millll_cl&fal - ttdJ,. NalaoyNlo-"_~1"'IJ' "-_al,**", Nr-.IM'.~""" STAT1!OfIl.OAlll\ I COUNTY OF MlfM.OADE) _.......IIlII.nignIcf_.po-.dy~ .........__..Ar_tor..~_......lIIIllIlllnllt....""'llIl the~ -.bo btKltlirltbyMl......1WQtn" did N>l/'OI' .rcltr.'llld: AFFIANT _lOAHll.IBSC-..bo.......__" aadl.- ..PoMo....."~~lJogo __al~ ""..60.... . ..' STI-It OF f\.OAO/, t _llFllWIoOoIDEl ... me. '" .\lonIg<,.., 0UIll0dIw.,......_ _._.._tor"'___..,..IIoNIIII-. "'........boiIgltllby.....,_ did_II """''''' - _lONIl___......_Gayfll ma. ___"_A1laogo --.- My . . .... ---.-..--.,----- .. ..------------ _. p.f> WITNE8S NY HAND THIS&IlAY 01' August 2OItJ.. REPRESENTA1lVE: tlI8l on ~ ~Alfidavlll TURNBERRY PLAZA. LTD. . a Fla. corp.. By. I~ ~~~ ~~ , NamI: I"'trIJ Name: WILLIAM lANDA (PIWJ -m.: fMr/) l1lIlt: PARTNER/AGENT (PmI) By: (SIQnIlwe) By; (Sip/ure Name; ,"'*'V ~: (PIQ) llII' IPrIIlQ . (Prill} By: ~ By: (Si//nafute ""'0: (PrtII) Name: (Ptfn/) Tille: (Print} 1118: (PriitJ By: (S/gnI/IIte) By. ($lgtMlur. Name: /Pm) Name' (PI/nr) ~ TIlie: (PritJ/) Tile: (PtinU By; iSC/1lMumI By' (Signature Name: (PttK) N8n1e: fFrinU Tlk IPtinIJ 'Tillt: (Pm) By: ~ By: (Si,/nIture Name' (PrWJ Nome' (PtInI) tie: (l'rtJ1) T1IlfI; (I'tfnI) NOlE: 1) Use dupllcllle IlIeela If dIdoIlft InICl1ftlA11iOn lor~ vules 21 Appllc8nts ond AlIla,* ... advlMd to tIm." '~mom this AIIidavtlpursuant to See. 81-71(bl(2)(1v) of die Clly'lland ~pment R"uldclnIln IhI Clly CadI, In the _ ~ pdor to _1dOIatIOn ol1ht """lh:allon by the City 'G.rd or CGmmIllIon, "lnIormIIIon PfOYIdtld In VII AIlld8v......... Il1cornct Or InconIpIoto. ,..,....,--.--. '---_.~--~-_._,_.---- _.~......,. p.J ,-. BUSlIESS RelATIONSHIP AFFJDAVIT" 11liI AIidhlt II IllIlle llUIMnllO SecIion 31.71~ 0/.... ClIy 01 AwnluIa lMd DMIoprn.nI CGdt. llIt UlldIBIgned ~ horIby ~.. (IIl&llI wItJ ....1lI~.. JlOIlIona ClIlIy' fKIl', Altlnl_...... ~ R. rJo~"'.....,lIleIIllIeto/..Cllyc:....,~l OIiII)'CllyAcMsoly "'tolll1iallll.. 1....lIe...olld. : ) 2. AIlIh hIrelIy .... IIJ lIlIIIl - - II!uIInIu ~ ... IIllIlIIller at lie CIIy CmmiSSlcn /l( a CIIy Ad>l$ooyIloanlIO w!lIcIlllll~ wille ~ II foIIoln: (UIl... 0/ Con.,,;,,a.... or AlhIIoy 8oenlMlmb.r) lIho _ 0II1hl1 llill Clly COI,......., or Cily AdvIoor, lloanI _ MlIdl IIlOmllol -I. llIt notln III tilt e...,. ~.IS loIows, IJ l M8mIIIr 0/ Clly QI"...tWw., ar IIllMlIlollll M ~ .... tt _ 011 ~ at IlllaIISSeIS or CIIIIlIIlIlllckol ~or ........,11II... II ,. Ioltmber 01 City Cao,~,...., or lion io a ....... """-rlllolclat (1110 _.. life corporaliQn llNClIll8l101ls1edcn II1y llIIIDnaI or IlgiunelIlac:II8llChangej or jainJ _Iutw lIlIh ... ~l Or Reprtllllllfivot ft II1y busintsI vtnMt; , I! I II II iii. The AjIpIcant Of Rep,..... II I ClI&'Il of a __ of .. Clly Ccmmlsail.ti or bIG or a CIir1! 01 anoIlet IlIOIIIIionaI ~ 110m.. ...... DlIice or Iorlhtt _ ~ as lilt ll1IIllbet 01 toe Clly ~ or 8o&rd; II jy A CiIy ~ or brd __. a CIenI ollie AllPbnlor ....._ItaI...; I J v. llIt ~ or Ilept.... is. Cvtmtr of IlIIl11nhIll the Clly Comcmssion or I!oIrd (or of his or "" Illlp.~ tm hntIdI_1hIn $10.0ll0.00 1lI1he llwi'leI. 0I1he member.,... C~ Commisit.on or IloeIlI (or /lit crllar ~ in ellMln calendIr YNr. I) vf. llIt lIIM1bIr orll, Clly Comlnlsmn or lion IS I CwIomet olIN ~ or Raprn.uJjy'1I1d lIInacIs 111aII1IIIn S25.coo.oo or Iha blItIness 0/ lie Applicant or F\tjM1!H,lIallw In I giwwn CIlInder JUl. ~/_ . August W1TNSSs"YHAHOlHIS~iA'.'~"_ .. CITY NATI NAL BANK OF FLORIDA WIlNESS MY ~ lHlS _DAY OF PAOPalJY OWNe;:t .. By NM1e: TIUe: ~} (PIWJ (PriIIfJ '7M ,."", ....... ~~.' "CliMr.. "CurIomer,' ''\IiI.L4." "'1l>~'11Id "....J "-'" are ~ n SeaIwI Nl$llI/he AMlIlq CIy CGde. ------ ----------.-- . P'.s WITME&S MY IWIll ntlS _DAY OF Aug. .ZllI1I. ~ By: (SipUr Hans Van Gron....le NImtfIiehael J. SnyMlltl 11IIa: Vice Pl:'esiden~ lllIe: Attorney (Prim} By: (8Irgrwanr) lly. I~ HIme: /PriIf) HInIe: (/'1ItfJ lit: f1IttIIJ . (PrIM! By: ~nlllf) By: ~ HIm<< (Prtrt) Nama: (Nn/) 11lIe: /PIiIII llIe: IPnmJ By. ~ By. ($IgtW/n NlIn<< 1Prtrt! NImt; (Print) TIIIt; /PIiIII Tile: IPMI) lly. -(~18) By: ~ Nome; (fIriN) Name: 1Pt/ntJ 11IIt: ~ Tile: (PIW) lly. ~ By: ~ Nome: (1'Itr) IiIme: (iIdnt) '111I: (1'rInrJ T1lloo: (,.",.) IlO'TE: 1) u..cIuPlln'.........-II.IIIft~IorIlel>._ I........ 21 ..,.c.......1ftd AlIlInlt Ire""" 10 lIMIlr ...III.II_.t "" ~ _10 See. 3l.lIfb1C2Klv1 01 tile Clty't Lanct Dew'k.pllllll1 ~ III... CIr ~ III... _.... pI\Gr 110 COllIIll~ lion of "'l\IPICalion by IIleCI\y loetdorCommINlDn, "InIonaIaonPlVWfllallIn",AlIlGwlI ~'lL_IncDrrlCl or Inca~IJ'" --~._...- ---... ..-~~'_...__.-."-._._..._..__...- --- ..~._. 1".<4 ITA1l!OF~ I COUNrY Of "'~.IW)E) t<<nMll41lON~ HaNS Van -.....-. " ,--.--- --...-......----...1.....__ _lO_..flllCr"JBl............::2.k-..ol A119. ROSARIO MILlAN-PURKEY MY COMMISSION' CC 965226 EXPIRES: Janua/y 2, 2005 No MY STAlEOf' .cxurIYOF IIMII Da:J Michael J. S~Yder -..... . .. 'I......,.......,...... .. _......... ~....., _""_" ........ -_....MllMlo<..~__......I........_ - SWOllNlONCl~.....IIII_aafGl AUG. lOdJ,.. STATE OF I'lOllIl/\ I _"".....\11 DAIlEI IItn lie, hllll* 11gn.dlUllOclV. PII'IOnIIIr ~ .....,. ._'*MatoI......,..,...""lM"''''''llllfltll........_ -,...- "'- AI Loop "-_01,-, III_WI' . ....: ""-~....""or.r."...~_IlII_...~",,"'"' AfFIANT $'IlOMlO.lNDusa.o..........._dlyOf lIIIIIl- IT"TtOF~ I _OF_~ -......- .1104......-..,_ __11II AIilDlI for..P"-.................""..._ NallayNllo.IIFl111W1011U1ge ,...... "'IINallay Mt~~ Jwb..... ................ .....,...... -. "" _or.",.,,,,, AFIW!T _10oVlllUlIlCRlIBl-...... _ aty" 2all- -.,-....-. -'--II_A1Uil11 __11-' ...,. - . .-...._----~- ----..-- Aut 23 02 01:50p p.3 u-;-_ ". I' ~ II - i I I I I I BUSINESS RELATIONSHIP AFFlDAVIT* This Affidavft is made pursuant 10 SecIi:ln 31.71 (b)(2)(iij of the City of Aveotura Land Development Code. The undersigned Affi1l11 hereby discloses that (mark with 'x' applicable portions only) liil. Afflll1t does not have a Business Relationship with II1Y member of the City Commission or any City Advisory Board to v.hich lIIe appUcatlon will be presented. Affiant hereby discloses that it does have a Business Relationship wilh a member of Ihe City Commission or a City Advisory Board to which Ihe application 1'1111 be presented, as follows: (Ust name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advioory Board upon which member ; ] 2. serves). The nature of the Business Relationship is as follows: I .I !' (JI. Member of City Commission or Board holds an ownership interest ~ eKC9SS of 1 % of total assets or capital stock of Applicant or Representative; I J Ii. Member of City Commission or Board is a partner, co.shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ 1 iii. The Applicant or Representative is a Clllnt of a member 01 the City Commission or Board or a Client of another professional wOrking from the same office or for !he same employer as lhe member of tI1e City Commission 01 Board; [ ] iv. A City Commissioner or Board member is a Cienl of the Applicant or Representative; [J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or 01 his or her employer) and transacts more than $10,000.00 of L~e business of the member of the City Commission or Board (or his or her employer) in a given calendar year; , [i I: [] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 01 the business of the Applicant 01 Representative In a given calendar year. WITNESSMYHANDTHIg:Zt? DAYOfi\ugust ,2001- ::~lIC~ Name: J Title: .'.tterney .5~lYQln~, , (Signalure) gS{'fK.i'} (print) WITNESS MY HAND THIS _ DAY OF PROPERlY OWNER: , 200). By: Name: TttIe: (Signature) (Prin!) (Print) 'The terms "Business Relationship," "Client.. 'Customer," ",4ppIican/." "RepresenlBtive" and "In/erested Person" are defined in SectiCJrl2.3ge of tire Avenlura Cdy Code. Aut 23 02 Ol:ql? ",.5 WITNESSMYHANOlHIS21a.OAYOF Aug. , ZOO!.. REPRESENTATlVE: (Listed 00 Business Relationship Allidavh) 81<: (Signa/ure) BY:~ (Signature ~~lchael G. Sny~) Trtle: Attorney (Print) Name: Hans Van Gron~le TrtIe: Vice Presiden/print) By: (Signature) By: (Signalur. Name: (Print) Name: (Print) TrtIe: (print) Title: (Print) By: (Signature) By: {Signatura Name: (Print) Name: (Print) TrtIe: (Print) Title: (Print) By: (Signature) By: {Signature ~e: (Print) Name: (Print) Trt:e: (Print) Title: (Print) By: (Signa/ure) By: (Signatura Name: (Print) Name: (Print) TrtIe: (Prinl) Tille: (Prinr) By: (Signatura) By: (Signature Name: (Prird) Name: (Print) T1tIe: (Print) Till.: (Print) NOTE: 1) Use duplicate sheets" disdosure In/ormation lor Representative varies 2) Applicants and Atflants are advised to timely supplement 1I11s Affidavit pursuant to Sec. 31-71(b)(2)(Iv) 01 the City's Land Development Regulations In the City Code. In the even. tha' prior to consideration of the appllcatioo by the City Board or Commission, the Inlormatlon provided In the Affidavit becomes Incorrect or Incomplete. Au~ 23 02 nl:~O~ p.4 I NOT ARIZA noN PROVISION STATE OF fUlRIOA I COUNTY OF 1oIlAMI-oAllE) GJ:"ondelle. tie M....~ wIlo boklQ lir;\ 11\'... cIuIy...... cli<l 0NellI or .lfum tiel HaNS Van 8<"'" .... ... undersignorl ou1I1cciy, pel3Otolly _rod _._... Alfd&..tt 10<'" puil'OSOs Ilatod _ and lIIa' I bu andconed. AFFWIT SWOlIN TO AHD SUBSCRISED ~Ioc."" this _ <lay 01 Au 9. .2<<i.- Nola<y P_ Stale 01 FIcrida II. LaIgo P;~\ed Name Of Notary l.Iy_."*",, STATE OF RDAlOA. l\). ~ \ .COUNTY~ 'bX-I;)\.>>"->J'Q,-- Michael J. SnvdeJ:" 8<"'" me, tie undersigned 1Il1horily. personally _rod 1he _n~ wIlo bol1g i<>I by "" 4u1y ...... cli<l .-, or .1fll1l\ tl1a1 hIIlllo._ IUsM_....... pulIlOSO' _lhol1li1lt11ltlat Ibu U1dconed. .1 I I \ I I &' SWORNTOANDSUBSCAIBeob4lol.methls'~daYOf AUG. AFFIANT ~O,fr:0~OU NotaIyPUllIloSla..ofF' LllIl' Printed Na"" 01 Nolary Myc:>rnmlsolon .~..: ,-:: ~ Teresa Hall *ij*My Commi.sion CC787165 1i;.::I ExpiI9S December 18. 20D' STATE OF FlOfl[)A I COUNTY OF MIAMHlADE) Belote me, the unde"'Qne<I allll1Olit;, perronally _red hoIshe exeaJ\e4 IUs Alf.avltlollhe purpose.s1aled "ereln aM thall Is true ar<! "",ect. the Aff"Lar.T., who being fIrSt by me d~ swom, did swear or affirm thaI AFFLANT SWORHTOANJ SUBSCAIBEDbelole me flIs_ day 01 200k Notary P_ S.... 01_ Allargt PrInIed Name oINoIaty My_.""m: STATE Of FlOfl[)A ) COUNTY OF MlAMI-llAllEl Befoco .... ... urderslinorl authocily. penonaUy appeared h<Me.-.nod IUs Alfldavlt 1o<1he pUf\lOSG' alate<Ilho..ln U1dIhaUlslNe U1d coned. 1he Alnan~ ..... beklQ fiBl by me duly....., cli<l sww or alfll1ll tl1a\ AFFWIT SWORN TO AND SUBSCRIBED beloce me this _ day ot 'lf1lJ- Notary P_ s.... 01 FbliCla Allargt Pmtec1 Naml or NoIary My_.~'S: City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 19lst Street, Aventura, Florida 33180 Ladies and Gentl~n_: _ ,/) . My name ~ E.t(lZ.v~nA I is located atoQS \If" f~tAJ:I:4-I';iA, h: and my business Son I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building, I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courte~y and cooperation in this matter. Sincerely, ' \t(}.,t:)~hY-11 I\::ff~t-)Iil1A \ 'Kf~ I~ /~ ~2:1 ~:::::-_ ./ /(Si . ( MIC:"'A~L.J !=;""vn~g g. ,na.r\':I ...,..,...."..'CO ........11. ..."'"..... "".......~........ .................. .... .......""..... _ ....... ,..........., ..."'"7 .........." _ ......... ,..........., "''''''Y .............. City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is ~{ ~~r1 (1: is located at ~It( 101 I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. and my business I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, _((ri\( (~Vp. fCompany C ~~~V6/ MI,......II:"I I c:..IVI....'...,. "'" A ""...."'...._ _.__.~.._ __no _...__ _...__ ___ ...____.._. __ __.__ __. ,___, ___ ~.__ City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is J,A-N~Ilj). (';::/.N~,e1> /iJ and my business is located at ?.Ji<"'?r,v,r=, If_i.""- 40__""- I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, ~A:>;'f1l l1~c" 'c..~ ,G;".Z~ (Company) _______ :J- L (Sigmtl~ure) 2-- / -- / "'1"""'&11:'1 I C.tr.lVMoE"D 1:1 A "'''''''or."" _.@o........u"" _....... ......__ ....._.. "'........ H._.._.._a _. ............. _ __. ,......._, ......... ........ . _a... ,........, ........ ...,..... City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is Roberta Karawan and my business is located at 2875 NE 191st Street - Suite 505 - Aventura, IfL 33180 I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, Rocky Mountain Cattle Moo-vers, Inc. o" -=-.)com~anY ;///J L- / (/~U';~ ~J4~ (Sig at re) "1l"""'A~1 I c....v,..ll'~ ...... ""'....."'....... _..._.~.._ __no _...__ _...__ ___ ...__._.._. _. __.__ __. ,___, ___ ..__ City of Aventura 2999 N,E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: M . ----r-;;A--,"\.--"~\ fl~Q_hft-1 d-~ d Y name J. s -L I::~ _:j:t an is located at ~ &' 'I g- p.J 5' I q I <0,-1. S h < . 41)-0 . my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, S tn lLr~+ J-t\V-r'n fJ-nl'CrL~(l4-J (Company{" c,-J ~-'-~J;'JLJ--A~ htlt"':IojIAIl='I I c'hlVnll:'"D D A ::................,. ..."'.......V..,... .......... ............. ........... "'........ a.....u......... .... "'''',''''.... _ ....... /.,.,..""\ 0....... .......'" . rAV ("'.....,:l ""...... .....,....'" City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 19lst Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is A/~lif~i/' 'f is located at ~7r ::: I I pH In I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. and my business I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, 5" pvd"q e Jrl-bS (/n7i;' )/1?J1-1t1lle\U ~ , '(Company) '-:J ~~ (S' ture) ,:1 hllt"':1ot6VI I c::.t.lVr"lrD D 6 ~I"'\"I"'\'" .,.,........V...~ _...... ............ _.........~.....,.. .......u......... .... ............ ....... ........, ....... ..A...., _ ......... ,......., ........ .........."" City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is ~~n\e\ is located at 'd.'lti5 rv.~. ~. Se.t W a.nd my: business \ ~ S~,jl:ZOI, ~-tu.#'A, Fl. 3-~lc?O . , I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, 'Ju-hOA~ ~ct~/'{).A. (Company) ,"--~::. ~ l~lgnature) MI"'~A~1 I c:~v"'rD D A ~"""'''''''_''''_.~''___'''_'H__ _..._____ ..._.._.._. _. __.___ __. ,___.___ ~.._ _ _...,___,___ _.__ City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is ~6YIt1r ct "\ uc nme. 3 is located at "2 <6 1~G let I ~ :l+ ~?::, and my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, chmes City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 19lst Street, Aventura, Florida 33180 Ladies and Gentlemen: is lo~~t~~m:t is 1!&tj~~ '~/}lf J:~J46 and my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, - a'~, ~ (Je,etlt-tpJ; L/7C . ~(Company) ~ a~~n~ct2-j Mlt'""'6~1 I c;Il.IV""~CI co A "'....."'........ ....~.......u.. __... _u.__ _...__ ___ ..._u_..__ _. __.__ _ __. ,___, ___ ~.._ _ ____ ,___, ___ _.__ City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is JAtlt.+ G.,,~ is located at :L875 N ,L I"Ihr Sf .500. A,,,.,..., and my business FL ;~lIro . I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, GL tm. G. Mlrl-l4.rl I ctllJVl"\rD D A.,,...,.,.......,......,............. ...................... ......_.. ."...... ........_.._.. ... ............. _ __, ,......._,........ ......... ....~{..........,......... ....,....... City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: is lo~~t~~m:ti~l?-;~. t. .sICjfV1f:~3/J and my business 4v"ec4/JIM h.33Jj'O I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, ....,....u..."', , .....,v...P'" ..... _____ _.__ City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is ~'-I ~=t\r.-.'11o. ---r:u-<. " is located at ~"'"I ' > 1"11 y{- r"'N ;OS and my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, \.)Y1 ~,,~{<;~ (Company) G ~-== ~^ (8 gnature) Ao1 )""Yhj- ~/f- ~ MICHA~L ..J_ !=;Nvn"r:.. D 4. :=>nAt"'I':t 1ll1Ct"aV...... .,.....". ...\laD... ...",...... 2.......... AU.,......."..... r. .,..",........ T"" 1-:0.....0=\ Clo':l'7_........""-= . ...av (<::In=\ 0":1'7_.....1.....' City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is j\.)~\~ G~-L I~ is located at ?(61-"'i N (. \61 I ').}", .,{ ",1' i ~~D V and my business N U:VVV\. , i=c. ~ '>If'D I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building, I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons, I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, r' U\A\\Jev llSL (Co pany) Ivc , "'-- 1oII1t"'l..l4~1 I c.lUvnE"CJ Cl A ~I'"\""""" ..,..,....v..,~ ........." ,po"...... """,...... "'.....1'"\ .."..."-'...".... ..., ....,"'...... ......, r"".......' a....,_""'-........:. .. rAY {':li"llO:\ Q....,......,f"I~ City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is b// fv/~ is located at 2&-15' -ME 1'115'/ 5~...+- and my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, We /;5 LJ~~ (Company) r Z-k~6(.~. (Signa ure) ....,...UA~. , ""'............,..... ..... ...____ _.__....._ __no _...__ _...__ ___ u__.._..__ __ __.__ __. ,___, ___ ..._ _ _au ,___, ___ _.__ City of Aventura 2999 N.E. 19lst Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is Le::{l~ ~&~ and my business is located at Q)~ "".F.,. (I St-r~ '::ilitf' 4.ro_ I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, 'Z.U~ tUd\~ '\?0attcrs, dle (C9mpau ~DQ ,I ~ / (Signatu e) ~ City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: , My name is --:'cd'l L. ~uf2--LLAJ0 and is located at ?-'07 <; rUt \ ct \ S+r ~ ~"'" "103 . my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons, I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, 'OJ!) (ruo\'-\.c ~ --_...~-""" lUJ0 City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: ~~~U :J\o..b6r~ and my business '/ -r NE \ L1 \ 'S 1- ~ (O"?J -A: MSrrr-u l'Cl 4'1, Dc;)) go I My name is is located at I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, I~ ""'1t""l-lll.1="1 _I caJvnrg g.6. ~nAn":l ....l<=;r*''''V'''U.. Rnlll...v.t.DM II:tIIlTF :linn .6.VI'"NTLJAJI.. J"L A::!.IAO . T~L. (305) 937..4445 . FAX (305) 937-0102 City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My na~ ie~~ r and my bueinee, is located at / ~ ~_ ~ :Xn./.e .:SV"y I am famil ar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: is My name is AeiZA-!+A+{ BA-T1F\ISIL~ located at 2'8"f5 N Ii 19 I Sl1lf'k-.T, ?\o { and my business ;'V!;k'rV[W.. ~'L :t31fY:J I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, 13ffl€ VS;(.L( hA-L.rf; INc-. (CO~~~ ~~ (Slgna ) .....",1..1 A 1:'"' , .............P_ ... A _____ _.__un__ __... City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is !?~""'''~ OI9?'~ C:CrC- /T::1f/P-rand my business is located at d9 tVb /f,/ST c5/' #yc? )"V<-+-",FC- 33/po I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, /&ro~ (C toAll"'ft.lAIC'"I I e...v...p""'... A .................._.___....___..._.____ _..._____ u._.._.._. _. __.__ ___ ,___,___ ____ __ City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 19lst Street, Aventura, Florida 33180 Ladies and Gentlemen: My name i~~~ .and my business is located at1 /. o6ifl !-tltw I-nCrl.... ~ -33 iW I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is tml ~I G is located at ~BT-S tv f ~D'Y1 CVtD and my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. MICHAEL .J. SNYDER. P. A.. 20803 1!II.R~.6.VNr' 1!I.l"UII FV.A.An. !ll.llITF ::>>nn .6VrNTIIA& 1'" ':l':lIAn. T...I /':lr"lIO;} Q"l;'7.4.d.4c::. . "'&V /"lnc::.\ Q':l7_nln::> City of Aventura 2999 N.E. 19lst Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is Ci-\\.fb..-o\c~ is located at 2875 Nt= \'-5 \ .s~ - '-;'0\ - A. and my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, / ..,. I"'l.l 6 1:"1 I C:I.JVr"\Il'D D A ~............"'..._.............. __........__ ......__ .......... H'''''_''_' ... ............. _ __. ,........__......... ......... ........,..,....,.......... ....,...... City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: is lo~~t~~m:t is 9fQIld;Dnl~qff(prft LON5. and my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building, I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Slncerely, ~ i bo f H('{;nCia I /()(i, ~onYI / .W . 19natu~ City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: /"?/c,/.#.-/ ~T"c..5'~ and my business 2. 77'> /Y$ /?/ .>'7' #"/l?~/ 4v~..."".4 My name is is located at I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, c-,/1/f; /#~ / #"tf; .4-"7.;:;;;c/c~ ::r--c= . (Company) ~~~~~- (Signa ure City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 19lst Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is is located at 2 '. and my business "tUXA ~L ss/fo I I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, ~ LE C7/COrJ,C CDfVJPUTER. ~E f' YI'c~ S, orNe (Company) ~~#t~~~ City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: ~ My name is D; '. IlI'S;:j:'/? is located at 2,3':;':> N E /~ I 51'.,<,,6'/ . and my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, JEAJ VEST) t!-t ::~S- ~-', -~ UI"'UA~1 I c........np""'... A ................_.__.~..___..._...__ _..._____ "'_.0_0._' _. __.__ __. ,___,___ ~.._ _ _...,___,___ _.__ City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is ['),-1(1--1,...)<:':- Of d. and my business is located at ::t<Zn<:: t-.l'L \0-'1 \ Sf-' f1+::;, PF"'-t'r-J(~ Jt:L"nI/1,.O I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, t-tPc Pu lot j ~A-tlor-i:> ~~y~ Signature) City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is ~1Z FJZ1l1JCo is located at 07g AJE y;vST 5LJ/ll: 7'0<1 . and my business 1'( i/aJnj;:!./f: ' I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, MICHAEL .J_ SNVDF'A. P." :;onAn~ R'CI"'AVWIr' ....". ...u"'..... CII'TI:':O""'" AU......T'...A .... .".",...... . Tr, I-:.,..,e::.\ O':l'7_"'-A"'-1::. . rAV /':I.....c:::l 0":1"7_1"\'.....:0 City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is hI'< nan do ~ C'o..- is located at 2&iS' N~ 1'11" a I ~ft 4O=1D2.. and my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, fty- ....,..ua....' . ~..'v......"" "" A ............... _.__.~.._ __... _...__ _...__ ........... H'_"_U_. _. .............. ..._. I..........,' .....,..., ........, _ ........ ,""....."'\ """".., .....,.....,.. City of Aventura 2999 N.E. 19lst Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: is My name is located at .;l~ loS \\r\~Le.s. (N~ \< I.- t'_l ~.\ \ ~\....,e. ~ and my business 1030 I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, \::::\..~ \ ~ ""t- ~...'1l..\L,..\Z>..... ~flt 1aPKL~ (Si~atu ) - MIl"':"'''J'' _I c:.hJVn&"D D A .:I......I"'\.,...,"'............,~ ..._................ ~..._.. ."....... ........_.._.. _. .............. _ __. ,......._,......._ ........... _ ....~{.........,......... ............. City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: ~ \ My name is ~R (,u:ft:~oey ~5 Co~".,:tJ my business is located at Q.1S~ <; ~ _ . I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, MICHAEL J. SNYDER. P. A.. 2nAnc.!. RIRt"4VNr Rnllllr'VADn c,".,.r,t"V'\ ..u.......,."..... ..., ":1'2,.1:1...... 6 .,...., 1':1.......10'2'7_""'-........"'. rAV I.,.,......,' 0-:>'7_1"'\'.....'" City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is C~'(\S( is located at 2i\1~ Nl2, (Y\tt Z. IQ\sT and my business .5l-n:.L1 ' I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, (Y\~I\Ll.nn US (Comp ny) (Si;:;r:il 11\ vnf-vnt,oJr ...,.......II.IC'"I I c..'v,........ ... A ......."'...... _'__A~~'_ __... _... __ _...__ ___ ..._.._..__ _. __.__ _ __. ,___, __.. ~ A ~_ _ _.~ ,........., ......_ .......... City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is is located at , K.....c- ~ ~~~/-X~r!:-\> '~I' ~~n..,~r~ my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, MICHAEL ..J. SNYD~R. P. A__ ..nAn.':!. Allll.r-4VN~ ....,.,111 rv..Dn Ctlll'rr ::>nI"'I ...ur...",...,,... 1:" ':I.':IU:I,., . .,...., (':Ino::\ Q':l.'7_.4.d..4~ . rAY 1":1,.,0::\ CIo":l"7_t"'Iln::> City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlem~ My name is ~ \.~\lL.....--S. ~~ \\ ....Q.. and is located at :)''i'1'" ~.~. ,'\' ~ """' <;;...<"C'e.,<>1.--/)". my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. ,,\ncerely, \~).,............... \ 1'.,c, ~~~~ ~ ~ (Signature) ...,,.....A~l I C:L,Vnra D .oil. ~,...,.......... ..,........"....... .....". ...v....... CUIlTr::>nn .A.V....NTIlA... ....1 "'-AIRO. T~L (305) 937-4445 . FAX (305) 937.0102 City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name 1St> A 0L 0 \::, 4 ~ 11 r:.i (LO is located at Z.SI1-S rv~ 1"1 i 1'1 ~ "to I... I'l, and my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. you for your courtesy and cooperation in this matter. v , [A Co (L P, City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 19lst Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is No..VY\.o.V" med; v)"JIu-' ~~ and my business is located at d'67~ t-.J'i.. 1141 U. t:t608~ A-v +vt.rdrA:. .5u/.\-e S6CJ I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, NDYr'Yll^-V\ mo-Jt V)'s.k...c' . PA- ~ 7\m~aY7 I OJ/I ~ (Signature) ~ City of Aventura 2999 N.E. 191st Street Aventura, Florida 33180 Re: City National Bank - Application for Public Hearing for Sign Variance to Keep Existing Signage 2875 N.E. 191st Street, Aventura, Florida 33180 Ladies and Gentlemen: My name is is located at /UJe I( 2-87<; -hff f} 2D4r I ~/ 't- , I"'/J I ~ /<<-.._ and my business I am familiar with the above-referenced application for public hearing wherein City National Bank has requested from the City of Aventura and its commission permission to keep its existing signage on the building. I have found that this is of the utmost importance to me and/or my company as the City National Bank signage is a landmark to get people to my place of business when giving directions to our business patrons. I hereby respectfully request that the City of Aventura allow City National Bank to keep its existing signage. Thank you for your courtesy and cooperation in this matter. Sincerely, ?A?cMleP"L /J5':Jf:r Hff~<;~~.~ (com~) ~ (Sig~at~rJIJ1 Mlt"":1ot61='1 I Cl.IlJVP"'IIIl"D D.6 ~.............,. .........AVU... ........ ........_ .....__ .......... .u_.._.._. _. ............ _ __. ,........., ......... ... A...... _ _.~ ,........., ........ .......... CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: August 22, 2002 TO: City Commission FROM: Eric M. Soroka, City M BY: Joanne Carr, Senior SUBJECT: Request of David Mendal for miscellaneous variances on property located at 19145 Biscayne Boulevard, City of Aventura (06-VAR-02) September 3, 2002 City Commission Meeting Agenda Item ~ D RECOMMENDATION It is recommended that the City Commission take the following actions with conditions as outlined herein: 1. Approve the request for variance to permit a parking setback from the right of way of 7' where a 10' setback is required by Code. 2. Approve the request for variance to permit an entrance drive measuring 21' wide where a 24' wide drive is required by Code. 3. Approve the request for variance to permit a 0' landscape buffer at the north property limit, a 4' landscape buffer at the south property limit and a 6'7" landscape buffer at the east property limit where a 7' landscape buffer is required by Code. 4. Approve the request for variance to allow open space of 28.45% where 33% open space is required by Code. 5. Approve the request for variance to allow a driveway separation of 100' where a minimum of 330' of landscaped frontage is required for non-residential parcels on arterial roads. THE REQUEST The applicant, David Mendal, is requesting the following: 1. A Variance from Section 31-171 (a)(7) of the City's Land Development Regulations to allow a parking setback from the right of way of 7' where a 10' setback is required by Code; and 2. A Variance from Section 31-171(a)(6) of the City's Land Development Regulations to allow an entrance drive measuring 21' wide where a 24' wide drive is required by Code. 3. A Variance from Section 31-221(i)(2) of the City's Land Development Regulations to allow a 0' landscape buffer on the north limit, a 4' landscape buffer on the south limit and a 6'7" landscape buffer on the east limit, where a 7' landscape buffer is required by Code along the perimeter of all vehicular use areas. 4. A Variance from Section 31-144(c)(5) of the City's Land Development Regulations to allow open space of 28.45%, where 33% open space is required by Code. 5. A Variance from Section 31-172(c)(2) of the City's Land Development Regulations to allow a separation of 100' between driveways, where 330' of landscaped separation is required by Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY David Mendal ADDRESS OF PROPERTY 19145 Biscayne Boulevard (See Exhibit #2 for Location Plan and Exhibit #3 for Aerial Photograph) SIZE OF PROPERTY LEGAL DESCRIPTION 0.0638 acres Lot 9 less Federal Highway Block 1 and the north 5.5 feet of the alley south of and adjacent to the said Lot 9 of "Amended Plat of Britain's Addition to Ojus, Florida", according to the plat recorded in Plat Book 19 at Page 24 of the Public Records of Miami-Dade County Zoning. Subject Property: B2 Properties to the North: B2 Properties to the South: B2 Properties to the East: B2 Properties to the West: U Community Business District Community Business District Community Business District Community Business District Utilities District Existing Land Use. Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: One story retail building Retail Plaza Retail Plaza Retail Plaza FEC Railroad and Biscayne Boulevard 2 Future Land Use - According to the Citv of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Biscayne Boulevard and the F.E.C. Railroad The Site - The site is located at 19145 Biscayne Boulevard and is bounded by the Champion Retail Plaza to the north, south and east and by Biscayne Boulevard to the west. It contains a one story, 640 square foot retail building that formerly housed the Forest Travel business and now houses a mobile phone sales outlet. There is a drive- through lane along the north side of the building running east and west from Biscayne Boulevard to the Champion Retail Plaza. There are presently three regular and one handicapped parking spaces marked in front of the building, however, the location of the handicapped parking space blocks the regular parking spaces. The most westerly 66' of this site was taken by the Florida Department of Transportation in 1995 for widening of Biscayne Boulevard. The resulting lot does not conform to the requirements of the City's Land Development Regulations but may be maintained without alteration as a non-conforming use, provided the use is not changed or is not discontinued for more than 90 consecutive days. The building was occupied by Forest Travel until March of 2002. This use required two parking spaces according to the City Code. The owner subsequently applied to the City for a change in use to lease the building to a retail tenant, which required three, or one additional, parking spaces. As noted above, although there were four spaces marked on site, they were a safety concern and did not function properly. In order to obtain an Occupational License for the new use prior to expiration of the 90 day abandonment period, the owner agreed to the following conditions: . submit a site improvement plan to relocate two parking spaces in front of the building that do not back out into Biscayne Boulevard, to close the existing drive- through lane, to construct one parking space in the rear of the building and to install landscaping medians . diligently pursue approval of all necessary variances . in the event the City Commission determines not to grant the necessary variances, to demonstrate to the City that the premises are entitled to status as lawfully non-conforming These conditions were attached to the occupational license issued on June 5, 2002. The Project - In order to fulfill the conditions of approval noted above, the applicant has submitted a site plan showing site improvements consisting of closure of the drive- through lane, relocation of one regular and one handicapped parking spaces to the front of the building, addition of one new parking space to the rear of the building, curbing of the new parking areas. Landscaping improvements include construction of a 3 landscaped median at the southwest corner of the site, new landscape area at the rear of the building and a new median at the north of the building which will close the drive- through lane. These site improvements will create safer traffic movements on site and provide sufficient off-street parking spaces for most uses permitted by the B2 zoning district. ANAL VSIS Consistency with Comprehensive Master Plan. The request is not inconsistent with the City of Aventura Comprehensive Plan. Citizen Comments . The Community Development Department has received no written citizen comments to date. Community Development Department Analysis - The existing site pavement markings delineate three regular parking spaces running northlsouth and one handicapped parking spaces running east/west in front of the retail building as shown in the photograph attached as Exhibit #4. The handicapped space presently backs out directly onto Biscayne Boulevard and blocks the three regular spaces. A drive-through lane measuring 7'1" wide runs east/west along the north side of the building from the Champion Retail Plaza site to Biscayne Boulevard. This lane width is not sufficient to accommodate two-way traffic. The site improvements proposed will create a safer site for motorists and pedestrians and will provide sufficient parking spaces for the intended use. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: .Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LOR. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. 4 (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. . Reauest #1: A variance to allow a Darkina setback from the riaht of wav of 7' where a 10' setback is reauired bv Code. Section 31-171 (a)(7) of the City Code requires that all on-site parking be set back a minimum of ten feet from the right-of-way and that this area be landscaped. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. The hardship at this location is caused by the size of the lot remaining after the widening of Biscayne Boulevard and the location of the existing building. In order to locate one regular parking space at 9' wide and one handicapped parking space at 12' with 5' access lane at the front of the building, the maximum width of median at the roadway is 7', The applicant is unable to acquire adjacent land, as the land to the north, south and east is developed and the Biscayne Boulevard right-of-way lies to the west. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not generally applicable to other property within the vicinity. While each variance is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has previously approved a variance for reduced parking pavement setback for the Northern Trust Bank building at 18901 NE 29 Avenue. The reduced setback was mitigated by existing landscaping adjacent to the site. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty or hardship is not economic in nature and has not been deliberately created by the applicant. The size of the property after widening of Biscayne Boulevard and location of the existing building negatively affects the design and layout of the development. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. 5 The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The proposed improvements will enhance pedestrian and vehicular safety. 6. Reauest #2: A variance to allow an entrance drive measurina 21' wide where a 24' wide drive is reauired bv Code. Section 31-171 (a)(6) of the City Code requires that all wo-way drives be a minimum of 24' wide. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. The hardship at this location is caused by the size of the lot, which measures 40' wide. After relocating the parking spaces in a north/south direction in order to allow an on-site backout area and laying out the landscaped median to provide a safety barrier, a total of 19' of the 40' lot width is used, leaving a 21' drive aisle. The applicant is unable to acquire adjacent land, as the land to the north, south and east is developed and the Biscayne Boulevard right-of-way lies to the west. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not generally applicable to other property within the vicinity. While each variance is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has not previously granted a variance for reduced driveway width. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. 6 The applicant's difficulty or hardship is not economic in nature and the difficulty was not deliberately created by the applicant. The size of the lot creates the need for the requested variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity, (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the pUblic safety or substantially diminish or impair property values. The new landscaped median at the road frontage will improve pedestrian and vehicular safety. Reauest #3: A Variance to allow a 0' landscape buffer on the north limit. a 4' landscape buffer on the south limit and a 6'7" landscape buffer on the east limit. where a 7' landscape buffer is reauired bv Code alona the perimeter of all vehicular use areas. Section 31-221(i)(2) of the City Code requires that a landscaped buffer strip, minimum 7' in width, be provided along the perimeter of all vehicular use areas. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. The hardship at this location is caused by the size of the lot and location of the existing building. In order to provide a safe and sufficient backout area on the north limit, a 21' drive aisle is proposed. The drive aisle extends to the north property limit, leaving no land available for a landscape buffer strip. The applicant is constrained on the south and east limits by the location of the existing building. The widest possible buffer strips have been indicated. The applicant is unable to acquire adjacent land, as the land to the north, south and east is developed and the Biscayne Boulevard right-of-way lies to the west. The lack of landscape buffer strips on site are mitigated by existing landscape buffer strips on the property to the north and south. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. 7 The conditions are unique to this site and are not generally applicable to other property within the vicinity. While each variance request is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has previously approved variances for reduced landscape buffer strips at 17866 Biscayne Boulevard (the former Lipstiks site) and at 18901 NE 29 Avenue (the Northern Trust Bank site). These variances were granted because adjacent landscaping was being provided, or was existing, which mitigated the reduced widths. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty or hardship is not economic in nature and the difficulty was not deliberately created by the applicant. The size of the lot and location of the existing building create the need for the requested variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The lack of the buffer strip on the north limit and the reduced buffer strips on the east and south sides are mitigated by existing landscaped buffers strips to the north and south on the adjacent property. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Reauest #4: A Variance to allow open space of 28.45%, where 33% open space is reauired bv Code. Section 31-144(c)(5) of the City's Land Development Regulations require 33% open space in the B2 zoning district. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. 8 The hardship at this location is caused by the size of the lot and location of the existing building. The proposed plan adds the size and type of landscaping as suggested by the City's Landscape Architect to the front, rear and north side of the building. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not generally applicable to other property within the vicinity. While each variance request is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has previously approved variances for reduced open space at the Harbour Center site and at the Northern Trust Bank site. These variances were granted because the owners had provided complementary site development design and a connection to the pedestrian promenade on NE 188 Street. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty or hardship is not economic in nature and the difficulty was not deliberately created by the applicant. The size of the lot and location of the existing building create the need for the requested variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The site improvements propose more landscaping than exists at present. The type of landscaping proposed is complementary to existing landscaping on the adjacent property and along Biscayne Boulevard. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. The landscaping proposed to the front and side of the building will improve safety for motorists and pedestrians. 9 Reauest #5: A Variance to allow a landscaoed seoaration between drivewavs of 100'. where a minimum seoaration of 330' on arterial roads is reauired bv Code. Section 31-172(c)(2) of the City Code requires that all driveways on arterial roads be separated by a minimum of 330' of landscaped frontage. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. The hardship at this location is caused by the size of the lot and existing entrance drive on the adjacent property. The existing driveway on the Champion Retail Plaza to the north measures approximately 100'. The subject lot width is 40'. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not generally applicable to other property within the vicinity. While each variance request is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has not previously granted a variance request for driveway separation on an arterial road. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty or hardship is not economic in nature and the difficulty was not deliberately created by the applicant. The size of the lot and location of the existing driveways create the need for the requested variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. 10 The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. The site improvements will increase safety for motorists and pedestrians. It is recommended that the requests be granted subject to the following conditions: CONDITIONS 1. Plans shall substantially comply with those submitted as follows: . .Parking for Forest Travel", Site Plan Details, Sheet A-1, prepared by Arkidesign Inc., dated 04/24/02, revised 05/17102 and 06/11/02, signed and sealed. . .Parking for Forest Travel", Demolition & Landscape Plan, Sheet A-2, prepared by Arkidesign Inc., dated 04/24/02, revised 05/17102 and 06/11/02, signed and sealed. 2. The site improvements, including landscaping, shall be completed within sixty (60) days of the date of this approval, or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. All site improvements shall comply with all applicable codes, including, but not limited to, the Florida Building Code and the Florida Accessibility Code. 4. Prior to issuance of a building permit, the applicant shall obtain approval for the entrance modification from the Florida Department of Transportation and provide evidence of such approval to the City. 5. Prior to the issuance of a building permit, the applicant shall record in the Public Records of Miami-Dade County a release of the cross access agreement dated July 14, 1997 between David Mendal and Champion Retail Limited Partnership affecting the property and provide a copy of the recorded document to the City. All expenses shall be borne by the applicant. 6. Prior to the issuance of a building permit, the applicant shall record this Resolution in the Public Records of Miami-Dade County. All expenses shall be borne by the applicant. 11 BILZIN SUMBERG DUNN BAENA PRICE & AXELROD LLP A PARTNE.RSHIP OF PROFESSIONAL ASSOCIATIONS RECEIVED 2500 FIRST UNION FINANCIAL CENTER 200 SOUTH BISCAYNE BOULEVARD. MIAMI. ..LORIDA. 33131-2336 TELEPHONE: (3015) 374-7580 . FAX: (301U 374-71593 E-MAIL: INf'O.BIUIH.COM . www.eILZIN.COM BROWARO: (9504) 356-0030 COMMUNITY OE\ROPMENT Brllln S. Adler, Esquire Direct Dbll: (305) 350-2351 Direct Fax: (305) 351-2206 Email: hadlcr(iiJhihin.conr June 13, 2002 VIA FEDERAL EXPRESS Ms. Joanne Carr City of Aventura 19200 West Country Club Drive 4th Floor Aventura, FL 33180 Re: 19145 Biscavne Boulevard Dear Ms. Carr: LETTER OF INTENT Please allow this letter to serve as the required letter of intent in connection with an application before the City of Aventura. Our client is the owner of the approximate .0638:t acre parcel fronting on Biscayne Boulevard in the City of Aventura. The bulk of the property in question was the subject of a condemnation proceeding by the State of Florida Department of Transportation in connection with the widening of Biscayne Boulevard. At that time, the western 66 feet of our client's property was taken by the State, rendering the structure non-conforming as it was lawfully established prior to and existing on the effective date of the City's regulations, which became non-conforming as a result of the condemnation. Unfortunately, the remaining parcel is such a size as to render utilization of the existing facility problematic and creates impractical difficulties, at no fault of our client, in meeting the existing Code restrictions as it relates to parking. The parcel was previously occupied by Forest Travel, a travel agency with a drive-thru. Our client, in exchange for seeking to establish the site as an approved site under the Code, is giving up the drive-thru adjacent to the property and placing an additional parking space in the rear. Further, as illustrated on the attached site plan, the parking in the front will be modified such that drivers will not be backing out unto Biscayne Boulevard, thus creating a better traffic circulation pattern. \75191\17123V1570357 v 513012002 EXHIBIT #1 06-VAR-02 BILZIN SUMBERG DUNN BAENA PRICE & AXELROD LLP Ms. Joanne Carr June 13,2002 Page 2 In order to comply with the above, our client is seeking site plan approval in order to legalize the site and no longer be subject to the ninety-day non-confonning provision. Further, the reconfiguration of the site is such that our client is seeking a variance of the City's regulation requiring a 24-foot drive, to waive the same to allow for a 21 foot drive through the property. The limited frontage on the site, coupled with the landscaping requirements, renders it difficult to comply with the 24-foot requirement. The current site contains the same existing limitations, and the proposed plan represents a marked improvement over the existing conditions of the site. Based on the foregoing, our client requests that the City grant its application for site plan approval and non-use variance, and that the site be rendered in compliance with the Code upon approval of these variances. It is our understanding that if approved, our client will no longer be subject to the 90-day vacancy rule affecting site that became nonconforming as a result of condemnation. Further, the site, size and inherent limitations render creating an on-site drainage system nearly impossible. Therefore, our client proposes to utilize the existing site at its current grade, etc. In connection with the application, I enclose the site plan and non-use variance applications for the site. Should you have any questions or require additional documentation, please do not hesitate to contact me at 305/350-2351. Very truly yours, ~~ BSAlmp Enclosure \75286\17409V1571694 vi 6n12002 . BROWARD COUN'IY ..-.-.-.-. DADECOUNTY .,!. ....:.. ',', .' .!IJ$'bAIRY RD. Site ~ w x is :t MIAMI GARDENS DR. a . a a a 'a 'I I a I I 'I I :. ," :1 'I :1 :" ,a !. :" :" :" .a :1 :1 :. :. :- :a :a 'a . ," " Q. 201 TER. g: AVENTURA e\.-.K!. Firet 1';'.;1 ReSClit AW'nturQ Station U 7lunbmy Isle Resott &, Club ......../1.... ..t)...... ..,~. .," '. . , . ci :; m 2: US 8 Aventura Police ent Ii c m ::> -' o ~ 1-. . z. ::> o o Aventura Mall 192 ST. . :a :" :" :a :" :a :" :" :" ," f- :a Loehmann's Fashion u.i Island ~ g: 188 ST. g m 2: US o o 0:. Atlantic Ocean LEGEND e ...... Roadways City Boundary ZIP Code Boundary Railroad - E , I ~ EXHIBIT #3 06-V AR-02 """1'11"0,",-. ':'" ""'1.,. ...,~ . . .,:' "j/>n>Ji>Mi,~ ~rp, "0 If- --'~ .!!tf".,. . . ~..~ ',..~.. ~. . I '..l' _ .., :'!J.jl~".- -.- ,:' : VOI~"jllt"m l :,.,i;r-.-' . ,\",. '~"'~""', ". ..",..... .-, '" ,".. " ~:,>;:. ','. --'",......... ".....~ .. '. '.,:.i,.,~~~.,,.,.~"'-i ~~'c\ ~ ...... ':l~.~~'~-r~'t';tt-'l'f-""';;i""'~'" .;'j~:1~~~::,,,,,.,,:,,,,,,~,. . \ >~"'"'''"':...., .~<:,.,..c: EXHIBIT #4 06.VAR.Q2 RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31- 171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A PARKING PAVEMENT SETBACK OF 7' WHERE A 10' PARKING PAVEMENT SETBACK FROM THE RIGHT-OF-WAY IS REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31- 171(a)(6) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW AN ENTRANCE DRIVE MEASURING 21' WIDE WHERE A MINIMUM WIDTH OF 24' IS REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-221(1)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 0' LANDSCAPED BUFFER ON THE NORTH LIMIT, A 4' LANDSCAPED BUFFER ON THE SOUTH LIMIT AND A 6'7" LANDSCAPED BUFFER ON THE EAST LIMIT WHERE A 7' LANDSCAPED BUFFER IS REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-144(c)(5) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW OPEN SPACE OF 28.45% WHERE 33% OPEN SPACE IS REQUIRED IN THE B2 (COMMUNITY BUSINESS) DISTRICT; GRANTING VARIANCE FROM SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A DRIVEWAY SEPARATION OF 100' WHERE SEPARATION OF 330' OF LANDSCAPED FRONTAGE ON ARTERIAL ROADS IS REQUIRED BY CODE; FOR PROPERTY LOCATED AT 19145 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, David Mendal, through Application No. 06-VAR-02, is requesting: 1. Variance from Section 31-171(a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 7' from the right-of-way where a 10' parking pavement setback is required by Code; and Resolution No. 2002-_ Page 2 2. Variance from Section 31-171 (a)(6) of the City's Land Development Regulations to allow an entrance drive measuring 21' wide where a 24' wide drive is required by Code; and 3. Variance from Section 31-221 (i)(2) of the City's Land Development Regulations to allow a 0' landscaped buffer on the north limit, a 4' landscaped buffer on the south limit and a 6'7" landscaped buffer on the east limit where a 7' landscaped buffer along the perimeter of all vehicular use areas is required by Code; and 4. Variance from Section 31-144(c)(5) of the City's Land Development Regulations to allow open space of 28.45% where 33% is required by Code; and 5. Variance from Section 31-172(c)(2) of the City's Land Development Regulations to allow a separation of 100' between driveways, where 330' of landscaped frontage between driveways on arterial roads is required by Code. WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Variance from Section 31-171(a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 7' from the right-of- way where a 10' parking pavement setback is required by Code is hereby granted to the applicant, subject to the conditions set out in this resolution. Section 2. Application for Variance from Section 31-171(a)(6) of the City's Land Development Regulations to allow an entrance drive measuring 21' wide where a 24' Resolution No. 2002-_ Page 3 wide drive is required by Code is hereby granted to the Applicant, subject to the conditions set out in this Resolution. Section 3. Application for Variance from Section 31-221(i)(2) of the City's Land Development Regulations to allow a 0' landscaped buffer on the north property limit, a 4' landscaped buffer on the south limit and a 6'7" landscaped buffer on the east limit where a 7' landscaped buffer along the perimeter of all vehicular use areas is required by Code is hereby granted to the Applicant, subject to the conditions set out in this Resolution. Section 4. Application for Variance from Section 31-144(c)(5) of the City's Land Development Regulations to allow open space of 28.45% where 33% is required by Code is hereby granted to the Applicant, subject to the conditions set out in this resolution. Section 5. Application for Variance from Section 31-172(c)(2) of the City's Land Development Regulations to allow a separation of 100' between driveways where 330' of landscaped frontage between driveways on arterial roads is required by Code is hereby granted to the Applicant, subject to the conditions set out in this resolution. All above Sections on property legally described as Lot 9 less Federal Highway Block 1 and the north 5.5. feet of the alley south of and adjacent to said Lot 9 of "Amended Plat of Britain's Addition to Ojus, Florida", Plat Book 19, Page 24 of the Public Records of Miami-Dade County, aka 19145 Biscayne Boulevard. Section 6. Approval of the requests above are subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: Resolution No, 2002-_ Page 4 . "Parking for Forest Travel", Site Plan Details, Sheet A-1, prepared by Arkidesign Inc., dated 04/24/02, revised 05/17/02 and 06/11/02, signed and sealed. . "Parking for Forest Travel", Demolition & Landscape Plan, Sheet A-2, prepared by Arkidesign Inc., dated 04/24/02, revised 05/17/02 and 06/11/02, signed and sealed. 2. The site improvements, including landscaping, shall be completed within sixty (60) days of the date of this approval, or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. All site improvements shall comply with all applicable codes, including, but not limited to, the Florida Building Code and the Florida Accessibility Code. 4, Prior to issuance of a building permit, the applicant shall obtain approval for the entrance modification from the Florida Department of Transportation and provide evidence of such approval to the City. 5. Prior to the issuance of a building permit, the applicant shall record in the Public Records of Miami-Dade County a release of the cross access agreement dated July 14, 1997 between David Mendal and Champion Retail Limited Partnership affecting the property and provide a copy of the recorded document to the City. All expenses shall be borne by the applicant. Section 7. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 8. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia-Rogers Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow Resolution No. 2002-_ Page 5 PASSED AND ADOPTED this 3rd day of September, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2002. CITY CLERK AUG -OS' 02 (MON) 16 40 B I LZ I N. SUMBER. ET. AL RECEIVED P.00S/008 COMMUNITY DEVELOPMENT APPLICANT REPRESeNTATIVE AFFIDAVIT Pursuant to Sect"In 31.71(bX2)(i) of tho City of Avonw", Land Development Code, this Applicant is herolly made and submitted. Tha undersigl'1Bd authorized representative af the inc:lyk:luql or entity applying far the Development Permit, which is Identified in the accompanying application. and tile owner of the property subjllct to the application (If different) hereby lists and Identifies alt per$Ons representing the individual or entity applying for tie Development Pormlt in connection with thil liIpplicatlon as follows: Name Relationship (i.e. Attomeys, Architects. landscBpe Architects. EnginBflrs. Lobbyists. Etc.) Stanlev B. Price Est:!. Attoml!lv Brian S Adler Ese. Ahor'nflv Mever Gorin Architac1 (Attach Additional Sheets if NSlC8S&Sry) NOTiCE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYiNG FOR THE DEVELOPMENT PERMIT ANO THE OWNER OF THE SUB.JECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(b)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE. IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY H"ND THIS ~ DAY OF ~ ,2002. ~ S2-r<?~ DavId Mandai Title: Owner AUTHORIZED REPRESEN1'ATIVE OF APPLICANT By: StanllllY B. Price Attornev Title: By: Address: 19145 BisCBVnI!!l Boulevard Avenlura FL Brian B. Adler Title: Attornev Address: 200 South Biscavne Boulevard Bulte 2500 MiamI FL 3313' By: Meyer Gorin TIlle: Architect Address: 21332 W. DIxie Hichwav Nol1t1 Mi:\!lml Beach FL 33180 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Before me the underslgned authority appeared '"lJ AU \.Cl.. ~~ as the authorized representative of the Applicant and/or the owner of the property subject to the application. who being first by me duly sworn. did swear or affirm ttlat he/she executed this Affidavit fer the purposes stallld therein and that it 'I lrue and correct I. AFFI SWORN TO AND SUBSCRIBED BEFORE ME this ~ day ~f == ... - COMMIssIoN prrA EXPIRES Ju'l1~lO IOHDED DlIOUoH--" IoDVAHf_HOrAIY AUG. -05' 02 (MON) \6,40 B I LZ I N. SUMBER. ET. AL RECEIVillD~1!Q! BUSINI!SS RELATIONSHIP AFFlDAVlTo COMMUNITY DEVELOPMENT This Affidavit i. made pursuant to Slclian 31-71(b)(2)(ii) of tho City of Aventura Land Dovelopmont Code. Tho unQorslgnod Affiant hereby disclosBS that: (ma rk wilh -Y!' applicable portions only) ( ] 1. Affiant does om have a Business Rolliiltionship with any member of the City Commission or any City AdVISOry Elaarcl to which the application will be presentec;;l. [ X 1 2. Affiant h.reby diSClOSes that it dOBs have I Business Relationship with a member of the Clly Commiaslon or a City Advisory Board to which the application will be prsssntaCl, llii follows; Jetfrev Perlow Esa serves on the Citv Commission Board upon which member serves) The natuffl of the Business RelatiollStlip Is as follows: Mr. Per/ow servllEi as real estate counsel to the IIppiicant (List nsme of Commissioner or Advisory Board Member) who (List City Commission or City Advisory [I i. Member of City Commission or Board holds an ownership Interest in excess of 1 % of lotal assets or capital stOl~ of Applicant or Representative; Member 01' City Commission or Board is a partner, co.shareholcter (iU to shares at a corporation which are not Ii:ilted on any national or regionill stock exctlan~B) or joint venturer with the Applicant or RepreHntltivEl in any business venture; The Applicant or Representative is Ii Client of a member of the City Commission or Board or a Client of another pmfessiona/ Working from the same office or for lhe same employer as the member of the City Commission or BoBrd; [) Ii. [>'I Iii. I ] Iv. A City COITllTlissioner or Board member is a Client of the Applicant or Reprli88rrtative: [ 1 v. Thlil AppliCl!nt or Representative is a Customer of the member of thli City Commission or Board (or of his or hllr aml~loYlilr) and transacts more than $10.000.00 of 11'1e business of Ihe memtMilr of the City Commission or Beard (or his or her employer) in a given calendar year; [ ] vi. The member of the City COmmission or Board is a Customer of the Applicant or Representative and transacts morll than $25,000.00 of the business of thl Applicant or Representative in .. givl!ln calendar year. ,. A~~~:"'"'-~k:'7")A.~" ^'. By>" / . / " ~,u",) Name. D:!IIvld Mendal (Prinl) Tllle: Owner (Print) WITNESS MY HANel TH~IS Y OF I1A~" txI-, ,2002. PROP~RTY N R: /J _ --:> /X' _ " By: )" .. . (Slgn.tu",) Name: Da\rld Mendal (Print) Tille: Owner (Print) .2002. - The terms -BLJsineS$ RsJationship, - Client. N NCuslcmor." "Applicant.. "Ropresentativ9~ and "'nfemst"d Person" Bte d6f1nSQ in Section 2.JQS of the Aventunl City Code. AUG. -05' 021MONI IHl BILZIN. SUMBER. ET. AL RECENEU P 008/008 NOTARIZATION PROVISION COMMUN\1'/ DElill0?MENT S'fATE.OF".FLORiDA............)".................................................................................................................................................... COUNTY OF MIAMI.DADE ) Belore me, the undel'8Jgned author1ty, pemlnally appeareQ SlanlAv e ~rfca !;:5t1 , the Atrlant, who being "181 by me dUly swam. did swear or al'tlrm Ihllt hellihe executed 1n/3 oflffldavU foI' ItJIII purposes staleQ 1I'l.~ln and thilllll& true anti corr&ct. STANLEY a. PRICE 2002. SWOR.N TO AND SU8:SCRIBEO before me this _ day cI Notary Py!lIIc Stale cf Flonda al Large PrlnlBd Nan. of Notary lIIIy commission IPCl*es: sT"ATifoF.FL.OFiiCiA..........u1nn'................................................................................................................................................ COUNTY OF MIAMI-DADE ) aefore 1TICl, the undel'llll3ned auttlDl1ty, pel'lOllaJly appeared Brlan!i Adler Esa the Affiant, who bell'llilfll':!lt by me dUlY swom, did 'wear or Bfflnn ltult hltllihe IUJClJted U'lla AffidavIt for 11'III purpoGe& Illatad thetaln and tIUItlt III true and correct. a~I^N S. ADLER 2002. SWORN TO AND SUBSCRIBED befOflll me this _ day of Notary PlIbllc Statt of Florida at Large Pr1l'ilBd Nllme at Notary My commlsslon e.lI:plres: sTArii:.oF'.FL.:'oFiiDA,............j"....................................................................................................................................,............... COUNTY OF MIAMI-CAOE I Before me, the urldenllllned authority, pIIl110nally appe;qd MllVer Gorin the Affiant, who belr,g rpt by me duly swom, did swear or affirm trial t1D11he ueculifJd LhI6 AffIdavit far the purposes stated tnereln arrcl thallt III true and correct.. MEVER GORIN 2002. SWORN TO AND SUBS,CRIBEC before Ill. thIli _ day of Notary Public Stala 01 Florida at Large ..........................................,......................................................................................n......................................................... Prtrlted Name of Nolary My commission e.lI:plf8l: \7S022\1620S\"S6BSSBv , AUG. -14' 02IWED) 1109 B I LZ I N, SUMBER. ET. AL P 003/003 BUSINESS RELATIONSHIP AFFIDAVIT- This AffIdaVit is made pursuant to Section 31-71(b)(2Xii) of !he City of Avenlura land Development Code. The undersigned Affiant hereby diSCloses that (marl< with -x" applicablll portions Ol'Ily) APPLICANT: By: Name: Tide: WITNESS MY HAIIID THIS PROPERTY OWNER: By: Name: Tille: [X) 1. Affiant doe:1 ~ have a Business Relationship with any member of the City Commission or any City Advisory BClard to which the application will be presented. [ ] 2. Affiant hereby diSClOSes that It does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member sarYes) (] i. The nature of lIle Business Relationship is as follows: Member of City Commission or Board holds an ownership interest In excess of 1% of total assets or capital stoc:k of Applicant or Representative: Member at City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stack exchange) or joint venturer with the Applicant or Represanliltive In any business venture: The Applic;.nt or Representative is a Client of a member of the City Commission or Board or a Client of another pmfesslonal working from the same office or for the same employer as the member of the Cily Commission or Board; () ii. [] ili. ( ) iv. A City COmmissiOner or Board member is a Client of the Applicant or Representative; [ ] v. The Applici.nt or Representative is a Customer of the member of the Cily Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of !he member of the City Commission or Board (or his or her employer) in a given calendar year: I ] vi. The member of the Cily Commission or Board Is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representadve in a given calendar year. DAY OF AUGUST, 2002. , .//>2 Me er Gorin' i~/fI","u""') (PrInt) (Print) DAY OF AUGUST, 2002, (S/gnefure) (Print) (Print) . The terms -Su"ine.ts Relationship," CIi8n/," -Clls/omer," "Applicant" "Representalive" and "Inlel851ad Person" are defined in Section 2.395 of the AvenfUIB City Code. \74910\16124\.583631 vi 8114/0210i.711M AUG. -or 021WEDI 12 c 23 BILZIN. SUNDER ET AL P 004 wrrnESS MY HANO THIS.l.!L- OAY Of /1":5' J,.-l-_ .2002, REPRESENTATIVE: ILl..... on _ ~1li""1p ..........) By' (SigtNl/ulO) By: (SignafUt'Il) Name: 1:.t2nlev B. PrIM J;'Al' (Prin0 NarTlII: (Pt1n0 11110: AttalNtV (l'rlIII) T11Io: (/'tint) By: (SIgnat""') By: (Sigtlltule) Name: Brtan S M19r' Esa. (Ptfnt) Nln: (Print) ToU~ IPtfnO TIlle' (PrirtIJ ISignIfUrO) Byc (SIQNltufO) I!y: '4~;1/L--- N.....: io (Print) Name: (/'tint) TiU.: Arr:hit8ct (PrirtIJ TiUo: (Print) By: (Sig1Vlu..) By: IS/f/natufO) Name: (PrirtIJ Name: (PrirtIJ TiDe: 1/'tInt) TlUe: (PtfIl/) By: (&gnoIure) By: (SIgrIotu") Nama: 1Print} -: 1Print} Tille: (Print) Tilt.: (PrirtIJ By: (Sillnoture) By: (SigtlItule) -: IPrint) Name: (PrirtIJ TiUo: (Print) 11ue: (Print) NOTE: 1) U.. dupllcllle 011_ ~ .IIclo9u..lnfannallon lor R_nlallvo varia.. 2) Applk:antI ond Amenta IIll sdvIHCl III dmely aupcllomonllhis Aftldavit purl"""11O Sec. 31-71(b)(2)[IV) 01 the City'S Land O..oIop"enl RogulellllnS In Ihe Clly Code, in the ....nl thet prior III con.i<lorolJon of tho appIlCltion by tho CIty BaIrd or eornn;uilln.1he information ptllVIdod In tho AllI<Iavll bocllmO& Inco"ec' '" i_lele. BUSINESS RELATIONSHIP AFFIDAVIT" This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) [X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that It does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows; (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF AUGUST, 2002. E: By: Name: Title: Stanl . Price Altor v (Signature) (Print) (Print) WITNESS MY HAND THIS DAY OF AUGUST, 2002. PROPERTY OWNER: By: Name: Title: (Signature) (Print) (Print) . The terms "Business Relationship," Client," "Customer," ''Applicant,'' "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. \74980\16124\ # 583620 v t 8/19/02 3e04 PM BUSINESS RELATIONSHIP AFFIDAVIT' This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" appiicable portions only) [X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the appiication will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows; (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capitai stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-sharehoider (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS lOt t'-. DAY OF AUGUST, 2002. APP~T R PRESENTATIVE: By: \S) Name: Brian S. ler Title: Attornev (Signature) (Print) (Print) WITNESS MY HAND THIS DAY OF AUGUST, 2002. PROPERTY OWNER: (Signature) (Print) (Print) By: Name: Title: . The terms "Business Relationship," Client," "Customer," ''Applicant,'' "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. \74980\16124\ # 583621 v 1 8/19/02 3,05 PM RECEIVED WITNESS MY HAND THIS DAY OF ,2002. COMMUNITY DEVELOPMENT REPRESENTATIVE: (Listed on Business Relationship Affidavit) r-7 By:9~ Name: Stan lev B. Price. Eso. Title: Attornev ~2)2 (Signature) By: (Signature) (Print) Name: (Print) (Print) Title: (Print) (Signature) By: (Signature) (Print) Name: (Prinl) (Print) Title: (Print) (Signature) By: (Signature) (Print) Name: (Print) (Print) Tille: (Print) (Signature) By: (Signature) (Print) Name: (Print) (Print) Tille: (Print) (Signature) By: (Signature) (Print) Name: (Print) (Print) Title: (Print) (Signature) By: : (Signature) (Print) Name: (Print) (Print) Title: (Print) By: Name: Brian S. Adler. Eso. Tille: Attornev By: Name: Mever Gorin Title: Architect By: Name: Tille: By: Name: Tille: By: Name: Title: NOTE: 1) Use duplicate sheets if disclosure information for Representative varies. 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71 (b)(2)(iv) of the City's land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. . . RECEIVED NOTARIZATION PROVISION STATE OF FLORIDA COUNTY OF MIAMI-DADE COMMUNITY DE~HOPMENi Before me, the undersigned authority, personally appeared David Mandai , the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it i~ true and correct. SWORN TO AND SUBSCRIBED before me this _ day of DAVID MENDAL .2002. Notary Public State of Florida at Large Printed Name of Notary My commission expires: STATE.OF.FLORiDA...........'i...........................................................................................,..........................................,............... COUNTY OF MIAMI-DADE ) SWORN TO AND SUBSCRIBED before me this , da of "*'~'1tn~. CHRISTINE B. MRAZOVlCH t,.,. ,.; MY COMMISSION I DD 094036 ~. .' j EXPIRES: February 20. 2006 ," . BondedThI\lPld'llrdlnanncef4.grt:f Affiant, who being first by me duly sworn, \. Printed Name of Notary My commission expires: ............................................................................................................................................................................................ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Before me, the undersigned authority, personally appeared Brian S. Adler. ESQ. , the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therei~a~d correct BRIAN S.A~ SWORN TO AND SUBSCRIBED before me thiS L day of """'" l~"')''t-, CHRISTINE B. MRAZOVlCH !*r~"t:j MY COM MIS. SIGN # DD 1l9403Q ~~f EXPIRES February 20, 2006 '~df.,~~ Bond9dThnJPichardlnsuranceAgency ..........................................................................................................................................................................................., STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Before me, the undersigned authority, personally appeared Mever Gorin , the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _ day of \75022\16265\ # 568558 vI MEYER GORIN .2002. Notary Public State of Florida at Large Printed Name of Notary My commission expires: ., ~ . MINUTES CITY COMMISSION MEETING JULY 2, 2002 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:23 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Mayor Perlow, Vice Mayor Arthur Berger, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE. 3. ZONING HEARINGS: None. 4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen, unanimously passed and the following action was taken: A. Minutes were approved as follows: June 4, 2002 Commission Meeting June 13, 2002 Workshop Meeting B. Resolution No. 2002-38 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF STUART WERNER TO THE CITY OF AVENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD IN ORDER TO FILL A VACANCY; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2002-39 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 02-06-07-2, BISCAYNE LAKE GARDENS AREA DRAINAGE IMPROVEMENTS, TO SOUTHEASTERN ENGINEERING CONTRACTORS, INC. AT THE BID PRICE OF $400,904.00. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. D. The following Ordinance was read by title by Mr. Wolpin and passed on first reading: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2001-13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2001/2002 FISCAL YEAR BY REVISING THE 2001/2002 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2002-40 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED MANAGEMENT AGREEMENT FOR THE AVENTURA CHARTER ELEMENTARY SCHOOL BETWEEN THE CITY OF AVENTURA AND CHARTER SCHOOLS USA, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $49,322 FOR TASER EQUIPMENT, DRYING CABINET, DIGITAL CAMERA AND PORTABLE SOUND SYSTEM FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM. G. Resolution No. 2002-41 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING MIAMI-DADE COUNTY'S HUMAN RIGHTS ORDINANCE WHICH PROHIBITS DISCRIMINATION IN HOUSING, EMPLOYMENT AND BANKING BASED ON SEXUAL ORIENTATION; OPPOSING ANY ATTEMPT TO REPEAL THE ORDINANCE IN THE UPCOMING MIAMI-DADE COUNTY ELECTIONS; AND PROVIDING AN EFFECTIVE DATE. 2 7. ORDINANCES - FIRST READING/PUBLIC INPUT: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS," DIVISION 3 "ECONOMIC DEVELOPMENT ADVISORY BOARD," BY AMENDING SECTION 2-154 "RULES OF PROCEDURE" AT PARAGRAPH (C) THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Berger and seconded by Commissioner Holzberg. There was no public input. The motion for approval failed 0-7. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO SPECIFY THE ENFORCEABILITY OF RESTRICTIONS, LIMITATIONS OR CONDITIONS INCLUDED IN ALL DEFINITIONS; AMENDING THE DEFINITION OF "HOTEL," AND CREATING RESTRICTIONS, LIMITATIONS OR CONDITIONS CONCERNING HOTELS; AMENDING DEFINITION OF "RESIDENCE OR RESIDENTIAL USE," CREATING DEFINITION FOR "MULTI- FAMILY RESIDENTIAL DWELLING;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. Ms. Carr addressed the Commission. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal. relative to this item given at the preceding Local Planning Agency meetin9. was offered by Commissioner Rogers- Libert and seconded by Commissioner Cohen. Ben Fernandez, Esq., Bercow & Radell, 200 South Biscayne Boulevard. representing Herman Morello. addressed the Commission. There being no further public input. the motion for approval passed unanimously by roll call vote. C. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31-145 "TOWN CENTER DISTRICT 3 (TC1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD CONDITIONAL USE REGULATIONS REGARDING MINIMUM FLOOR AREAS, ALLOCATIONS OF INTERIOR SPACE, STRUCTURED PARKING REQUIREMENTS, DRIVEWAY STANDARDS AND OFF- STREET PARKING REQUIREMENTS IN THE TC1 ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Ms. Carr addressed the Commission. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Commissioner Holzberg, and seconded by Commissioner Rogers-Libert. There being no public input, the motion for approval passed unanimously by roll call vote. D. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (k) "MODIFICATIONS TO RECORDED PLATS" OF SECTION 31-78 "SUBDIVISION PLAT APPROVAL" OF THE CITY'S LAND DEVELOPMENT REGULATIONS REGARDING SUBDIVISION REQUIREMENTS AND EXCEPTIONS BY PROVIDING FOR DECLARATIONS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Ms. Carr addressed the Commission, A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Commissioner Rogers- Libert, and seconded by Vice Mayor Berger. There being no public input, the motion for approval passed unanimously by roll call vote. E. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $13,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO FINANCE THE SITE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A K-5 CHARTER ELEMENTARY SCHOOL AND THE COMPLETION OF A COMMUNITY RECREATION CENTER AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE LEGALLY 4 AVAILABLE NON-AD VALOREM FUNDS EACH YEAR TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert, and seconded by Commissioner Grossman. Mr. Soroka noted minor changes made subsequent to distribution of agenda. Robert Burroughs addressed the Commission. Commissioner Beskin noted in Section 5, line 2 the term "Resolution" should be "resolution". There being no further public input, the motion for approval passed unanimously by roll call vote. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR FOUNDERS PARK LOCATED AT 3105 AND 3200 NE 190 STREET FROM TOWN CENTER TO PARKS AND RECREATION; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Ms. Carr addressed the Commission. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2002.17 was enacted. 10. RESOLUTIONS: None. 11. OTHER BUSINESS: None. 12. PUBLIC COMMENTS: None. 13. REPORTS: Commission discussed Miami-Dade County Mayor Penelas's proposed transit system surtax. 5 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:45 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and. for such purpose. may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal Is to be based. 6 ~ . MINUTES COMMISSION MEETING JULY 18, 2002 9:30 AM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL. The meeting was called to order at 9:30 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka gave a powerpoint presentation showing an overview of the financial performance of the City over the last six years. He then reviewed the proposed 2002/03 budget document, as follows: A. GENERAL FUND, including Revenues, General Government Departments (City Commission, City Manager, Finance Support Services, Legal, City Clerk), Public Safety Department, Community Development Department, Community Services Department, Non-Departmental and Capital Outlay. A motion for approval of the General Fund Budget Revenues was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and unanimously passed. A motion to approve the City Commission budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. A motion to approve the City Manager budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. A motion to approve the Finance Support Services budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Grossman and unanimously passed. A motion to approve the Legal Department budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and unanimously passed. A motion to approve the City Clerk budget was offered by Commissioner Rogers- Libert, seconded by Commissioner Beskin and unanimously passed. A motion to approve the Public Safety budget was offered by Commissioner Holzberg, seconded by Commissioner Rogers-Libert and unanimously passed. A motion to approve the Community Development Department budget was offered by Commissioner Holzberg, seconded by Commissioner Rogers-Libert and unanimously passed. A motion to approve the Community Services Department budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Grossman and unanimously passed. A motion to approve the Non-Departmental budget was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed. A motion to approve the Capital Outlay budget was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger, and unanimously passed. B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE RATE FOR THE 2002/03 FISCAL YEAR; PROVIDING FOR THE DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUGET; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution, which establishes a millage rate for the 2002/03 fiscal year of 2.227 per $1,000 of taxable assessed value, was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously passed and Resolution No. 2002-42 was adopted. Mayor Perlow announced the first budget public hearing for September 3, 2002 at 5:45 p.m. C. POLICE EDUCATION FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. D. STREET MAINTENANCE FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed. E. POLICE CAPITAL OUTLAY IMPACT FEE FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Beskin and unanimously passed. F. PARK DEVELOPMENT FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and unanimously passed. 2 G. DEBT SERVICE FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen, and unanimously passed. H. CAPITAL CONSTRUCTION FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Grossman, and unanimously passed. I. STORMWATER UTILITY FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed. J. POLICE OFF-DUTY SERVICES FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed. 3. PUBLIC HEARING: ORDINANCES: SECOND READING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2001-13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2001/2002 FISCAL YEAR BY REVISING THE 2001/2002 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2002-18 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $13,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO FINANCE AND/OR REIMBURSE COSTS RELATING TO THE SITE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A K-5 CHARTER ELEMENTARY SCHOOL AND THE COMPLETION OF A COMMUNITY 3 RECREATION CENTER AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM FUNDS EACH YEAR TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Mayor Perlow opened the public hearing. The following individual addressed the Commission: Dr. Eric Albin, 3733 NE 209111 Terrace. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2002-19 was enacted. 4. RESOLUTIONS: Mr. Wolpin read the following resolutions by title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,FLORIDA, APPROVING THE CHANGE OF CONTROL OF TCI TKR OF SOUTH FLORIDA, INC., TO AT&T COMCAST. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE CHANGE OF CONTROL OF DISTRICT CABLEVISION LIMITED PARTNERSHIP, TO AT&T COMCAST. The following individuals addressed the Commission: lIa Feld, Esq., Leibowitz & Associates, the City's cable counsel; Susan Bisno, and Mike Tanck on behalf of AT&T; and Dr. Albin. A motion for approval of item 4A was offered by Commissioner Cohen, seconded by Commissioner Rogers-Libert, unanimously passed and Resolution No. 2002-43 was adopted. A motion for approval of item 48 was offered by Commissioner Cohen, seconded by Commissioner Rogers-Libert, unanimously passed and Resolution No. 2002-44 was adopted. C. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $13,000,000 AGGREGATE PRINCIPAL AMOUNT FROM 4 THE FLORIDA INTERGOVERNMENTAL FINANCE COMMISSION LOAN PROGRAM TO FINANCE AND/OR REFINANCE CERTAIN CAPITAL PROJECTS OF THE CITY; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE LOAN AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE ISSUANCE OF ONE OR MORE NOTES NOT TO EXCEED $13,000,000 AGGREGATE PRINCIPAL AMOUNT TO EVIDENCE THE OBLIGATION OF THE CITY TO REPAY THE LOANS; PROVIDING FOR THE TERM AND REPAYMENT PROVISIONS THEREOF; AUTHORIZING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. The motion for approval passed unanimously and Resolution No. 2002-45 was adopted. Due to the unavailability of the final drafts of the subject documents prior to the meeting, Commission to review in detail and provide individual comments to the City Manager on or before Monday, July 22, 2002. 5. ADJOURNMENT: After motion made, seconded and unanimously passed, the meeting adjourned at 12:15 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 5 A~ . ,~~.';/ MINUTES COMMISSION WORKSHOP MEETING JULY 18, 2002 9:30 AM (following 9:30 am Commission meeting) Aventura Government Center 19200 W. Country Club Drive Aventura. Florida 33180 The meeting was called to order at 12:30 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. A motion to address item 4 at this time was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. 4. ROBERT DIAMOND'S PETITION REQUEST: Mr. Diamond presented petitions requesting that Arthur Snyder's picture be prominently placed in Government Center and that he be appropriately honored as the first Mayor of the City. The following individuals also addressed the Commission: Bob Novick, 3600 Mystic Point Drive, Hy Kuperberg, Admiral's Port East, and Dr. Eric Albin, Waterways. CITY MANAGER SUMMARY: At its September 3, 2002 meeting, Commission to consider a motion to display former Mayors' pictures in Government Center. 1. CONE OF SILENCE ORDINANCE: As requested by the City Commission, Mr. Wolpin provided a copy of legislation enacted by the Village of Key Biscayne and Miami-Dade County regarding lobbying and ex parte quasi-judicial communications. CITY MANAGER SUMMARY: City Attorney to research whether or not there is a legal basis to restrict communications by lobbyists in quasi-judicial matters and whether or not such a restriction may extend to City staff also. 2. CAMPAIGN FINANCE LEGISLATION: At the request of the City Commission, City Attorney prepared a proposed amendment to the Florida Statutes concerning municipal campaign contribution restrictions. CITY MANAGER'S SUMMARY: Consensus to proceed through City's Lobbyist and Florida League of Cities. Staff proposed a ceremony in observance of September 11th and provided a proposed program for Commission consideration. Consensus to proceed as presented. 3. FOUNDER'S DAY: Community Services Department Director Robert Sherman relayed to the Commission the recommendations of the Community Services Advisory Board for this year's Founder's Day celebration to delete the lunch and offer a concert by Hall and Oates for a nominal charge. CITY MANAGER'S SUMMARY: Consensus to charge $5/ticket, provide $5 food voucher, have different food vendors available and provide concert. 5. CITY CLERK REVIEW: CITY MANAGER SUMMARY: Consensus to increase the City Clerk's salary to $78,000 and provide a net $5,000 bonus. The City Manager requested an Executive Session to discuss collective bargaining negotiations for July 26, 2002 at 9 a.m. 6. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 2:40 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose. may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 ~ . MINUTES COMMISSION VISIONING SESSION AUGUST 6, 200210:00 AM Aventura Government Center 19200 W. Country Club Drive Aventura. Florida 33180 The meeting was called to order at 10:00 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Perlow, City Manager Eric M. Soroka, and City Clerk Teresa M. Soroka. As a quorum was determined to be present, the meeting commenced. Vice Mayor Berger recognized Williams Island residents in attendance, Mr. Soroka requested the addition to the agenda of discussion regarding the Binnings site, 1. CHARTER MIDDLE SCHOOL: Commission discussed the possibility of planning for a Charter Middle School in the City in the future. CITY MANAGER SUMMARY: Consensus for City Manager to pursue an Interlocal Agreement with Miami-Dade County for acquisition of impact fees to purchase land for and/or construct Charter Middle School. 2. SOUTH PORTION OF FOUNDERS PARK: Vice Mayor Berger distributed a proposed concept for this area which would eliminate its use as a dog park. CITY MANAGER'S SUMMARY: Consensus to request proposals from Landscape Architects for redevelopment of the south portion of Founder's Park similar to Vice Mayor Berger's suggestions and development of property on NE 31st partially as a dog park and the remainder as a children's playground. 3. COMMUNITY MEETINGS: Commission discussed continuation of community meetings. CITY MANAGER'S SUMMARY: Consensus to provide letters to properties offering to make City update presentations in the fall/winter months with preference to those properties which have not had presentations this past year. 4. ANNEXATION: Mayor Perlow discussed annexation and requested Commission's input. CITY MANAGER SUMMARY: Consensus not to proceed. 5. BINNINGS SITE: City Manager advised Commission of proposals discussed with staff to develop this property. CITY MANAGER SUMMARY: Commission expressed their concerns to staff for consideration in further discussion with developers. 6. ADJOURNMENT: There being no further business to come before the Commission at is time, after motion made, seconded and unanimously passed, the meeting adjourned at 1 :30 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on ,2002. Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: July 19, 2002 TO: City Commission FROM: Eric M. Soroka, City SUBJECT: Agreement With Clear Cha Communications, Inc. Regarding Billboard Signs on Biscayne Boulevard September 3, 2002 City Commission Meeting Agenda Item .ki RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Agreement with Clear Channel Communications, Inc., which provides for the removal of two billboards on Biscayne Boulevard and the preservation of landscaping along Biscayne Boulevard. BACKGROUND At the time of the City's incorporation, 16 billboards were located on the east and west right-of-way of Biscayne Boulevard. Based on aggressive actions undertaken by the City, including the adoption of Ordinances, negotiations for the removal of billboards, eight (8) billboards exist at this time. Another billboard was removed in August on the property adjacent to N.E. 213th Street on the west side of Biscayne Boulevard. Based on a series of meetings with Clear Channel Communications, Inc. and input from the City Commission at the February Workshop Meeting, the following Agreement to reduce billboard locations and preserve existing landscaping was agreed to: 1. Clear Channel shall make application for a variance from the City to elevate the billboard located on the southwest corner of Biscayne Boulevard and N.E. 203rd Street up to 65 feet 2. In the event the variance is granted, the following will take place: a. The billboard located on the northeast corner of Biscayne Boulevard and N.E. 203rd Street and the one located on Biscayne Boulevard west of N.E. 1915t Street will be completely removed within 30 days. Memo to City Commission Page 2 b. Clear Channel shall advise the FEC Railroad that they have no objection to the obstruction, it any, ot the visibility ot its billboards situated upon the FEC right-ot-way. c. Clear Channel shall not be entitled to any compensation trom the City tor the billboards removed pursuant to the Agreement. Based on the implementation ot the Agreement, only six billboards will remain in the City. All are located on the western right-ot-way ot Biscayne Boulevard. In tive and a halt years, since the incorporation ot the City, ten billboards have been removed in the City. It you have any questions, please teel tree to contact me. EMS/aca Attachment CC01094-02 RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL COMMUNICATIONS, INC. CONCERNING COMMERCIAL ADVERTISING SIGNS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Agreement between the City ot Aventura and Clear Channel Communications, Inc. concerning commerci~1 advertising signs. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow Resolution No. 2002-_ Page 2 PASSED AND ADOPTED this 3"d day of September, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AGREEMENTCONCE~G COMMERCIAL ADVERTISING SIGNS THIS AGREEMENT is entered into this day of August, 2002, by and between , the City of Aventura, a Florida municipal corporation (the "City") and Clear Channel Communications, Inc., a Florida corporation ("Clear Channel"). WITNESSETH: WHEREAS, Clear Channel presently owns several commercial advertising signs (the "Billboards") within the City limits; and WHEREAS, Clear Channel desires to remove certain Billboards from within the City, as described herein, but solely in the event that Clear Channel is authorized by City to modify and alter one existing legally non-conforming Billboard by raising the height of the Billboard, as described herein. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREOF, THE PARTIES HERETO DO COVENANT AND AGREE AS FOLLOWS: L PURPOSE Clear Channel desires to apply to City for a variance (the "Variance") from the provision of City Code Section 31-193(e)(I), as authorized by Section 31-76 of the City Code, for the purpose of enabling Billboard No.2, as depicted on Exhibit "A," attached hereto and incorporated herein, presently situated below the Biscayne Boulevard flyover, to be modified and I elevated to a height of lijl \, 1..5 feet (as measured from the bottom of the base of the support structure of the Billboard to the top of the Billboard face), as depicted in the computer generated rendition, which is attached hereto and incorporated herein as Exhibit "B," so as to be visible to motorists from the Biscayne Boulevard flyover. n. OBLIGA nONS OF CLEAR CHANNEL A. Within thirty (30) days after execution of this Agreement, Clear Channel shall apply to City for the Variance necessary to modifY Billboard No.2, as described , above. B. Clear Channel shall diligently pursue such Variance application and shall provide any necessary data or information in support of such application, as requested by the City Manager. C. In the event that the City Commission grants the Variance and Clear Channel receives a building permit and any other governmental authorizations required for the modification of Billboard No.2 (collectively, the "Permits"), Clear Channel shall, within thirty (30) days after issuance of the Permits, demolish and completely remove Billboard No.1, which is depicted on Exhibit "C," attached hereto and incorporated herein, and demolish and completely remove Billboard No.6, which is depicted on Exhibit "D," attached hereto and incorporated herein. All demolition and removal shall be completed prior to modifYing Billboard No. 2. D. Within ten (10) days after approval, if any, of the Variance, and at any time thereafter as requested by City, Clear Channel shall advise the Florida East Coast Railway Company (the "FEC") that Clear Channel has no objection to the obstruction, if any, of the visibility of those certain Billboards of Clear Channel (the "Obstructed View Billboards") situated upon the FEC right-of-way in the vicinity ofBiscayne Boulevard and NE 187th Street, as depicted on Exhibit "E," attached hereto and incorporated herein, to the extent, if any, that such obstruction 2 of visibility is caused by landscaping installed by City upon the FEC right-of- way, and shall fully cooperate with City's continued retention of such landscaping. However, in no event shall the preceding sentence waive any rights , of Clear Channel with respect to the obstruction of visibility, if any, of any of Clear Channel's other billboards by City landscaping, which other billboards are not provided for herein. Further, in the event that City grants the Variance, Clear Channel shall be deemed to have waived and released any claim or cause of action against City in any way arising from a claim that Clear Channel's Obstructed View BilIboard~ were or are obstructed by City landscaping, and Clear Channel hereby covenants not to sue City on any such claim. This covenant by Clear Channel applies solely to the City landscaping on the FEC right-of-way at the Obstructed View BilIboard# at the location depicted in Exhibit "E," and includes continued normal growth of such landscaping. E. Clear Channel shall not install, or permit the installation of Billboards, in replacement of the Billboards (No. 1 and No.6) which are removed pursuant to this Agreement. F. Upon the grant, ifany, of the Variance, Clear Channel recognizes that it shall not be entitled to any compensation from the City for the Billboards which are removed pursuant to this Agreement. G. Clear Channel shall apply for and use its best efforts to obtain all necessary Permits for the modification of Billboard No.2, if the Variance is granted. IlL OBLIGATIONS OF CITY 3 A. City shall promptly process Clear Channel's Variance application pursuant to Section 31-76 of the City Code. B. The City Commission shall make its decision upon the Variance in accordance , with the criteria provided by Section 31-76(e) of the City Code, and the quasi judicial procedures of the City. Accordingly, since the approval or denial of the Variance application is a quasi judicial governmental matter, Clear Channel recognizes that nothing in this Agreement shall be construed to commit City to grant the Variance and that, instead, City solely covenants that it shall process and consider the Variance application in accordance with the City Code and applicable law. C. In the event that the City Commission grants the Variance, the City Manager shall authorize the building official of the City to issue City building permits for the modification of Billboard No.2, subject to Clear Channel complying with the Building Code, and subject to Clear Channel receiving any necessary permit or approval from the State Department of Transportation. D. Subsequent to the execution of this Agreement, City shall use its best efforts to avoid installing any new City landscaping which may obstruct the visibility of other billboards of Clear Channel which exist upon the effective date of this Agreement. In the event that Clear Channel reasonably finds that landscaping hereafter installed by City obstructs the visibility of other billboards of Clear Channel which exist upon the effective date of this Agreement, Clear Channel shall promptly notify City, and City shall, within twenty (20) days thereafter, provide for the remediation of such obstruction by adjustment of such 4 landscaping. This provision requiring City to adjust its landscaping shall not be applicable to any City landscaping which City installs with the written consent of Clear Channel or to any City landscaping for which City provides notice of to Clear Channel prior to the installation, by submittal of a landscape plan prepared by City's landscape architect, under circumstances in which Clear Channel fails to provide its written objection concerning such landscape plan to City within 30 days after receipt of such notice. IV. TERM OF AGREEMENT This Agreement shall be in full force and effect commencing upon the date of execution hereof by both parties and terminating upon performance of each of the covenants hereof: except . that the covenants provided by Sections II (D,E,F), W(D), VI and XV hereof: shall survive the termination of this Agreement. However, in the event that the Variance is not granted, this Agreement shall terminate on the day following rendition of the denial of such Variance request and shall be of no further force or effect. V. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree to submit to service of process and jurisdiction in the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit Court, in and for Miami-Dade County, Florida. The parties hereby waive any trial by jury. VL NO PRECEDENT: NO ADMISSION 5 Clear Channel recognizes that City's grant, if any, of the Variance described herein shall not establish any precedent which supports or justifies the grant of any other or subsequent variance. This Agreement serves to provide a means to settle disputed matters and shall not , constitute an admission by either party. vn. ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties hereto agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to the matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by written agreement duly executed by both parties hereto or their authorized representatives. VIII. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. IX. RIGHTS OF OTHERS 6 Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto, any rights or remedies under or by reason of this Agreement. X. REPRESENTATION BY CLEAR CHANNEL Clear Channel represents that: (1) this Agreement has been duly authorized, executed and delivered by Clear Channel; and (2) it has the required capacity and authority to perform this Agreement and to bind itself to the provisions hereof. XL REPRESENTATION BY CITY City represents that: (1) this Agreement has been duly authorized, executed and delivered by the City; and (2) it has the required power and authority to perform this Agreement and to bind itself to the provisions thereof. XII. WAIVER There shall be no waiver of any right related to this Agreement unless in writing, signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. xm. INVALIDITY OF PROVISIONS. SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the 7 remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. XIV. NOTICE Notices to Clear Channel provided for herein shall be sufficient if sent by federal express or certified mail, return receipt requested, postage pre-paid, addressed to: Clear Channel Outdoor Jeff Andres, Vice President 5800 NW. 77th Court Miami, FL 33166 and notices to City, if sent by federal express or certified mail, return receipt requested, postage pre-paid addressed to: Mr. Eric M. Soroka, City Manager City of Aventura 1900 West Country Club Drive Aventura, FL 33180 or such other respective address as the parties may designate to each other in writing from time to time. XV. SUCCESSORS Each party hereto and their successors and assigns are hereby bound to the provisions hereof. XVI. WARRANTY OF CLEAR CHANNEL Clear Channel hereby warrants and represents that if the Variance is granted, it shall obtain all necessary permits for demolition of the Billboards required to be demolished pursuant to this Agreement, and further covenants that it has the lawful authority to accomplish such demolition. XVIL DEFAULT 8 1. Clear Channel Event of Default. Without limitation, failure by Clear Channel to substantially fulfill any of its material obligations in accordance with this Agreement, shall constitute a "Clear Channel Event of Default". If a Clear Channel Event of Default should occur, City shall have all of the following rights and remedies which it may exercise singly or in combination: a. The right to declare that this Agreement together with all rights granted to Clear Channel hereunder are terminated, effective upon such date as is designated by City; provided, however, that an Event of Default shall be defined to consist of a default that shall occur by the default in performance of any of the covenants and conditions required herein to be kept and performed by Clear Channel and such. default continues for a period of fifteen (15) days after receipt of written notice from City of said default. Provided that (1) if the nature of the default is such that it cannot be cured in a period of fifteen (15) days from the date of the default and (2) Clear Channel shall commence good faith efforts to cure such default no later than fifteen (15) days after such notice, and (3) such efforts are prosecuted to completion, to City's reasonable satisfaction, then it shall be deemed that no Event of Default shall have occurred under the provisions of this paragraph. b. Any and all rights provided under the laws of Florida. 2. City Event of Default. Without limitation, the failure by City to substantially fulfill any of its material obligations in accordance with this Agreement, shall constitute a "City Event of Default". If a City Event of Default should occur, Clear Channel shall have the following rights and remedies which it may exercise singly or in combination: 9 a. The right to declare that this Agreement together with all rights granted to City hereunder are terminated, effective upon such date as designated by Clear Channel; provided, however, that an Event of Default shall be defined to consist of default that shall occur by the default in performance of any of the covenants and conditions required herein to be kept and performed by City and such default continues for a period of fifteen (15) days after receipt of written notice from Clear Channel of said default. Provided that (1) if the nature of the default is such that it cannot be cured in a period of fifteen (15) days from the date of the default, and (2) City shall commence good faith efforts to cure such default, no later than fifteen (15) days after such notice, and (3) such efforts are diligently prosecuted to completion to Clear Channel's reasonable satisfaction, then it shall be deemed that no Event of Default shall have occurred under the provisions of this paragraph. b. Any and all rights provided under the laws of the State of Florida. [REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK] 10 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, in several counterparts, each of which shall be deemed an original, but all constituting only one agreement. CITY OF A VENTURA: ATTEST: By: City Clerk City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney OMMUNlCATIONS, INC.: ATTEST: Secretary (Seal) N Title: )6 '-"'-- (print Name) 328001 \agreements\commercial advertising signs..clear channel (revised) 11 _U..!!.! l.J&Jf 1.14 .L1.'.r:..LOJ. ~O CI1.A 01"''' UOJ. "''''''01 "L..&.~~ ~L.nu...n. ... ...............-n..<. 'IfoI......... 6.J WEISS SEROTA HELFMAN PASTORlZA & GUEDES, P.A. 2665 South Bayshore Drive Suite 420 MiamI, Florida 33133 Telephone (3OS) 854-0800 Teleeopier (305) 854-2323 CONFlDENTIAL TO: Mr. Eric M. Soroka, City Manager City of A ventura Fax: 305-466-8919 FROM: David M. Wolpin COMMENTS: Re: Billboard Item Attached are Exhibits "A," "C," "D," and "E." I have requested Exhibit "B" from Clear Channel to show BiDboard No. :1 modification via computer rendition. The iDfOJmatioft contaiDed in 1lJi. traIl$miM;on is attorney privileged aDd confidential. It is inrended only for the use of the illdiviclual or emlty named above. If Ihe reader of this meS5aj;e is llOt die int<:nded recipient. you lIe hereby nobl\ed lbat any dissemiuation, di5tribution or copy of this communication i~ smelly prohibited. If you bave reccived this cormnunication in error. plt-ase notify u. ilnlnediately by telephone coDecl and tetUtn Ihe original m<:I.age 10 us 81lbe above acIdrt.. via Ihe U S. Postal Service. We wiD reimburse you f... postage. 1b.ank you. FILE NO.: 328.001 DATE: September 3. 2002 NUMBER OF PAGES INCLUDING COVER SHEET: 5 PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY UP'V~(V~ !U~ ~~.~g ~~A ~V~ U~1 ~v~~ ,,""'........... ....""'nv...'" .... u........~.....n" r=.'~Jtj;U~II( A" -_. ~ CLEARCHANNEL . OU1DOO,," Clear Channel Outdoor South Florida DivIsion 5800 NW 77'" Court, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 #2 # 2 NE 203 St SL 100F W/O USHWY 1 . he &fj v>>/u~/v~ lU& ~~.~~ rA4 JV~ ou~ ~~~u nr.J..:JI., ,)LnVJ.11. ex. llLL"r1ll11.11 'l(;lv....... E.)(~ 'c. " ~ CLEARCHANNEL OUtoO~u Clear Channel Outdoor Soutn Florida Division 5800 NW 7"" Court, Miami, Florida 33166 Telephone: (3rn5) 714-3542 Fax: (305) 714-3480 #1 US HWY 1 EL 40F NE 203 St. . U~I UJ I U", ,flit. 1::>;;)~ t"AA ,Jua 0011 ",)~,) ~cl~~ )hKU1A & nt.Lt'ftAN lfJUlJlI e:'l(~p)7r ~ D \ Clear Channel Outdoor South Florida Division 5800 NW 77'. Coun, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 ~ CLEARCHANNEL OUTDOOI #6 # 6 Biscayne BD WL 25F SIO NW 192 St. . uV/ua/u~ HII:, ll);UU tAA. .)ua 0;;)'1 "."., ~~!~~ ~~KU!^ ~ nLL~.^N ~UUii:l ,.. E:)\f1"p~.t:t. c " - /1 ! / // i I . / ! i /'1G I . .. 'Ii ".'~"r ,,'<:7'.~,,1~ " .. f ( , ;' i. t 1--.....'-1. .. '1 _ f --..\~ " V. \ it l rf.,fr:, l- I .15'16 {/IIrf~ CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Community Recreation Center Management Services RFP # 02-5-23-2 September 3, 2002 City Commission Meeting Agenda Item fr..!!... RECOMMENDATION It is recommended that the City Commission approve the attached Resolution, which authorizes the City Manager to execute the attached Contract tor Protessional Management Services tor the Community Recreation Center with Severn Trent Environmental Services, Inc. BACKGROUND In accordance with the proposed Budget tor FY 2002/03, the City issued a Request tor Proposals tor qualitied tirms to provide personnel services to actively lead, supervise and manage the day-to-day activities at the planned Community Recreation Center scheduled to open in January 2003. The City only received one proposal. This is not unusual in light ot the tact that this is a relatively new area ot specialization tor private sector companies. However, the leader in providing the services outlined in the RFP, in the South Florida area, Moyer, Ward, Wrathell & Associates as part ot Severn Trent Environmental Services, Inc. did submit a proposal. A review team consisting ot the Finance Support Services Director, Community Services Director and the City Manager was tormed to evaluate the proposal and interview the tirm. The company currently provides similar services in the City ot Weston, City ot Marathon, Town ot Miami Lakes, and the Town of South Palm Beach. All contacts with existing clients and reterences were positive. Based on the toregoing, a contract tor services was negotiated between the parties. Memo to City Commission Page 2 The major points ot the contract are as tollows: 1. The tee tor services will be based on an amount equal to the sum ot all on- site staff salaries times a tactor ot 1.5. For example, it six employees are required and the total salaries are $150,000, the tee would be $225,000. 2. The term ot the Agreement is until September 30,2007. The Agreement may be terminated by the City at any time by giving Severn Trent ninety days' notice. 3. In the event Severn Trent desires to terminate the contract, they must provide 180 days notice to the City. Based on statt review in conjunction with Severn Trent, to provide services in contormance with the programming matrix adapted by the City Commission, the staffing level at the Center would be as tollows: . Community Center Supervisor . Community Center Programmer . Four Facility Attendants It is anticipated that the annual costs would be approximately $190,000 to $225,000. It the City were to provide services with our employees, the cost would be approximately 1.4 to 1.7 times the base pay depending on benetit selections and type ot employee. Our analysis shows that this would be a cost savings to the City and still provide the necessary accountability and coordination. It you have any questions, please teel tree to contact me. EMS/aca Attachment CC01103-02 RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES FOR THE COMMUNITY/RECREATION CENTER PROJECT BETWEEN THE CITY OF AVENTURA AND SEVERN TRENT ENVIRONMENTAL SERVICES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Contract for Professional Management Services between the City of Aventura and Severn Trent Environmental Services, Inc. for the Community/Recreation Center project. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow Resolution No. 2002- Page 2 PASSED AND ADOPTED this 3rd day of September, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this _ day of , 2002, by and between the City of Aventura, a Florida municipal corporation (the "City"), and Severn Trent Environmental Services, Inc., ("Severn Trent"). NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agrees as follows: 1. PURPOSE 1.1. The purpose of this Agreement is to provide for the City's retention of Severn Trent to perform CommunitylRecreation Center Management Services for the City as described in section 2 below. 2. SCOPE OF SERVICES Severn Trent shall provide the following services to the City: 2.1 Management Services: 2.1.1 Provide overall management of the City's CommunitylRecreation Center (the "Center") 2.1.2 Provide supervision of all Center personnel. 2.1.3 Develop and implement Center programs, activities, and operating protocols. 2.1.4 Coordinate with all City departments and be available to attend City meetings and workshops. 2.1.5 Coordinate with all groups as instructed by the City. 2.1.6 Develop an annual budget and coordinate with appropriate City staff. 2.1.7 Liaison with other governments as appropriate. 2.1.8 Establish quality assurance and customer service standards and reporting procedures. 2.1.9 Issue membership cards, conduct registration, operate computer- based registration system, issue and maintain reports and financial records as required, interface with City departments as appropriate. 2.1.1 O_Perform any other duties and projects as assigned by the City Manager, including but not limited to: City parks, recreation programs, and special events 2.2 Staff"mg Services: 2.2.1 Provide appropriate on-site personnel to staff the City's CommunitylRecreation Center as per applicable Severn Trent and City employment policies. 2.2.2 Maintain high level of professionalism and dedication of employees. 2.2.3 Provide fringe benefits to on-site personnel. 2.2.4 Provide communications equipment and vehicles to on-site personnel as appropriate. 3. COMPENSATION 3.1 For all CommunitylRecreation Center Staffing Services provided by Severn Trent as described in Section 2.2 of this Agreement, the City shall pay Severn Trent an annual professional fee equal to the sum of all on-site staff salaries times a factor of 1.5, for all staff members who are not required to use a vehicle in performance of their duties, and a factor of 2.0, for all staff members who are required to use a vehicle provided by Severn Trent in performance of their duties, paid in equal monthly installments. After the initial year of this agreement ending September 30, 2003, the City shall consider price adjustments not to exceed 3% to the cost of on- site staff and shall evidence such adjustments in its adopted or amended fiscal year budget. Fees for CommunitylRecreation Center Staffing Services shall be billed and paid pursuant to monthly invoices submitted by Severn Trent to the City. 4. RECORDS/RIGHT TO INSPECT AND AUDIT 4.1. All records, books, documents papers and financial information (the "Records") that result from Severn Trent providing services to the City under this Agreement shall be the property of the City. 4.2. Upon termination of this Agreement, any and all such Records shall be delivered to the City by Severn Trent within 15 days. 4.3. Severn Trent shall maintain records, books, documents, papers and fmancial information pertaining to work performed under this Agreement during the term of this Agreement and for a period of 3 years following termination of this Agreement. 4.4. The City Manager or his designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any Records of Severn Trent involving transactions related to this Agreement. 4.5. The City may cancel this Agreement for refusal by Severn Trent to allow access by the City Manager or his designee to any Records pertaining to 2 work performed under this Agreement or that are subject to the provisions of Chapter 119, Florida Statutes. 5. INDEMNIFICATION 5.1. Severn Trent shall defend, indemnify, and hold the City harmless from and against any and all demands, claims, suits, liabilities, causes of action, judgment or damages, arising out of, related to, or in any way connected with Severn Trent's performance or non-performance of any provision of this Agreement including, but not limited to, liabilities arising from contracts between Severn Trent and third parties made pursuant to this Agreement. Severn Trent shall reimburse the City for all its expenses including reasonable attorney fees and costs incurred in and about the defense of any such claim or investigation. 6. INSURANCE 6.1. Severn Trent shall maintain at its sole cost and expense and all times, in addition to any other insurance the City may reasonably require, professional liability insurance, employee dishonesty insurance, employer's liability insurance, comprehensive general liability insurance and automotive liability insurance with minimum policy limits for each coverage in the amount of One Million Dollars ($1,000,000.00) per occurrence, single limit for property damage and bodily injury, including death. The City shall be named as an additional insured on each of the above policies, unless prohibited by law, and Severn Trent shall provide City with a certificate evidencing same. Each policy shall also state that it is not subject to cancellation, modification, or reduction in coverage without thirty (30) days written notice to the City prior to the effective date of cancellation, modification, or reduction in coverage. 6.2. Severn Trent shall maintain each of the above insurance policies throughout the term of this Agreement and any extensions of this Agreement. 6.3. Severn Trent shall provide the City with a current copy of each of the above insurance policies, and any renewals. 7. TERM 7.1 This Agreement shall become effective upon execution by both parties and shall continue in force through September 30, 2007, unless sooner terminated as provided for herein. 3 7.2. The City shall have the option to renew this Agreement for a period of one year upon the same terms and conditions contained herein upon ninety (90) days written notice to Severn Trent. Thereafter, any renewal shall be in writing and executed by both parties. 8. TERMINATION 8.1 The City may terminate this Agreement at any time , at the City's discretion by giving Severn Trent written notice at least ninety (90) days prior to the effective date of termination. Upon receipt of written notice of termination, Severn Trent shall provide only those services and incur only those expenses specifically approved or directed in writing by the City Manager. 8.2. Severn Trent may terminate this Agreement by giving the City written notice at least one hundred and eighty (180) days prior to the effective date of termination. 8.3. In the event oftermination or expiration of this Agreement, Severn Trent and the City shall cooperate in good faith in order to effectuate a smooth and harmonious transition from Severn Trent to the City, or to any other person or entity the City may designate, and to maintain during such period of transition the same services provided to the City pursuant to the terms ofthis Agreement. 8.4. Severn Trent will take all reasonable and necessary actions to transfer all books, records and data of the City in its possession in an orderly fashion to either the City or its designee in a hard copy and computer format. ' 9. MODIFICATION/AMENDMENT 9.1. This writing contains the entire Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth. 9.2. No agent, employee, or other representative of either party is empowered to modifY and amend the terms of this Agreement, unless executed with the same formality as this document. 10. SEVERABILITY 10.1 If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be 4 affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 11. GOVERNINGLAW 11.1 This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation shall be in Miami-Dade County, Florida. The parties hereby waive any right to a trail by jury in any such litigation. 12. WAIVER 12.1 The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 13. NOTICES/AUTHORIZED REPRESENTATIVES 13.1 Any notices required or permitted by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand- delivery, by registered or certified mail with postage prepaid return receipt requested, or by Federal Express addressed to the parties at the following addresses: For the City: City of A ventura Attention: Eric M. Soroka, City Manager 19200 West Country Club Drive Aventura, FL 33180 Telephone: (305) 466-8910 Facsimile: (305) 466".8919 With a copy to: Weiss, Serota and Helfman 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Telephone (305) 854-0800 Facsimile: (305) 854-2323 For Severn Trent: James P. Ward 5 Moyer & Associates 210 North University Drive Suite 301 Coral Springs, Florida 33071 Phone: (954) 753-5841 Facsimile: (954) 345-1292 Either party shall have the right to change its address for notice purposes by sending written notice of such change of address to the other party in accordance with the provisions hereof. 14. INDEPENDENT CONTRACTOR 14.l. Severn Trent is and shall remain an independent contractor and is not an employee or agent of the City. Services provided by Severn Trent shall be by employees of Severn Trent and nothing in this Agreement shall in any way be interpreted or construed to deem said employees to be agents, employees, or representatives of the City. 14.2. Severn Trent shall be responsible for all compensation, tax responsibilities, insurance benefits, other employee benefits, and any other status or rights of its employees during the course of their employment with Severn Trent. 14.3. The City Manager shall have the right to require Severn Trent to transfer personnel out of the City of Aventura. Assignment. Severn Trent agrees to transfer said personnel within 10 days of notification by the City Manager. 15. EOUIPMENT APPRAISAL AND TRANSFER 15.1. In the event of termination or upon the expiration of this Agreement, the City shall have the option to purchase or sublease from Severn Trent any piece of equipment, owned by leased by Severn Trent in use by Severn Trent at any of the City's offices at the equipment appraised value. 15.2. Upon the exercise by the City of its option to purchase or sublease the subject equipment, Severn Trent shall execute all necessary documents within ten (10) days or within a mutually agreed time. 16. ASSIGNMENT 16.1. This Agreement shall not be assignable by the City or Severn Trent. 17. PROHIBmON AGAINST CONTINGENT FEES 6 17.1 Severn Trent warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Severn Trent, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for Severn Trent,'any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 18. WARRANTIES OF SEVERN TRENT 18.1. Severn Trent hereby warrants and represents that at all time during the term of this Agreement that it shall maintain in good standing all required licenses and certificates required under federal, state and local laws necessary to perform the services and shall comply with all applicable laws. 19. ATTORNEYS FEES 19.1 In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. [ Remainder Of Page Is IntentionaUy Left blank] 7 IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the date indicated above. ' WITNESSES: SEVERN TRENT ENVIRONMENTAL SERVICES, INC. Print Name: By: Print Name: James P. Ward Title: Print Name: Date: ATIEST: CITY OF A VENTURA By: Eric M. Soroka, City Manager City Clerk Date: APPROVED AS TO FORM: City Attorney 8 CITY OF AVENTURA REQUEST FOR PROPOSALS 02-5-23-2 ~~ C2ry Of ExCe Community/Recreation Center Management Services SUBMITTAL DATE: May 23, 2002 2:00 P.M. REQUEST FOR PROPOSALS RFP # 02-5-23-2 CITY OF AVENTURA COMMUNITY/RECREATION CENTER MANAGEMENT SERVICES The City of Aventura is requesting proposals from qualified firms to provide facility management services for the City of Aventura. Interested firms should pick-up the Request for Proposals package at the following location: Finance Support Services Department City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Submittals must be received no later than 2:00 p.m. on May 23, 2002 and clearly marked on the outside"RFP # 02-5.23-2 Community/Recreation Center Management Services". Late submittals will not be accepted. Pursuant to City Code Sec. 2-260 (Ordinance 2002-12), public notice is hereby given that a "Cone of Silence" is imposed concerning this City's' competitive purchasing process, which generally prohibits communications concerning the RFP from the time of advertisement of the RFP until the beginning of the City Commission meeting at which the City Manager makes a written recommendation to the City Commission concerning the competitive purchase transaction. Please see the detailed specifications for the public solicitation for services for a statement fully disclosing the requirements of the 'Cone of Silence". The City of Aventura reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request re-proposals on the required materials or services. Eric M. Soroka City Manager Reauest For Proposals SUBJECT: Community/Recreation Center Management Services OPENING DATE & TIME: SUBMIT TO: May 23,2002 @2:00 P.M. Office of the City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 RFP NUMBER: 02-5-23-2 INTENT The City of Aventura, Florida is inviting the submission of proposals from qualified firms to provide personnel services to actively lead, supervise and manage the day to day activities at the planned Community/Recreation Center for the City of Aventura. BACKGROUND The City of Aventura is building a 23,000 square foot Community/Recreation Center that will consist of a gymnasium, classrooms, computer center, fitness center and aerobic room. The City of Aventura desires to engage the services of a qualified firm to provide professional, knowledgeable, competent and skilled personnel to operate this facility as required by the City. SE,~.vICES SOUGHT The purpose of this request for proposal is to establish the most effective and efficient methods of providing recreation program services for the City. A Programming Matrix of . various activities is attached hereto to serve as an outline for desired programs, classes and activities. Activities and classes may be conducted either by contractual services or Community/Recreation Center staff, at the City's sole discretion. The proposal shall include the following information at a minimum. 1. Qualifications of firm and principals, including but not limited to: firm's history; number of years in business; local availability of key personnel; demonstrated ability to plan, program and evaluate a variety of recreational programs and classes, ability to work productively with recreation registration software, ability to handle monies in a professional and responsible manner as prescribed by the City, issue membership cards, conduct program and activity registration functions; establish effective customer service relations: keep daily, weekly and monthly records; provide program and facility supervision and leadership as required, and perform other work as required by the City Manager or designee. The successful firm shall comply with all applicable laws and regulations. 2. Provide all necessary licenses and permits, and conform to all applicable laws and regulations. Proposers shall provide a complete plan detailing event services. 3. Past performance, letters of references from past clients and all factual information shall be provided by each firm. All of these factors and other information contained in each proposal will be taken into consideration and evaluated. 4. The successful firm will be required to meet with any involved City department personnel upon request by the City Manager. The successful firm's representative shall be available to resolve any related issues that arise during the normal course of providing the requested services. The successful firm will be expected to coordinate and communicate effectively with designated City personnel. The frequency, nature, scope, and definition of the services desired by the City may change from time to time, at the City's sole discretion. CONTENT OF PROPOSAL Please submit the following information, with responses numbered accordingly, on 8.5" x 11" sheets: 1. Name, address, telephone and fax number of your firm. 2. Type of organization (Le., individual, partnership, corporation, joint venture,. etc.), year established, and address of home office if different than above. 3. Principals of the firm. 4. Name and title of person who will be responsible for City account. 5. Name, function, and qualifications of personnel in the organization who will be involved in this project. Please note, to receive further consideration, the contact person assigned to this project must, within the past five years, have conducted or been solely responsible for providing recreation program services in a similar environment. 6. General, workers compensation, automobile and professional liability insurance company name and extent of coverage. 7. A complete list of present clients and at least five letters of recommendation. 8. Any other information you feel is appropriate to assist in the selection process. 9. Respondents must submit five (5) copies of the proposal, one of which shall be unbound. 10. Submittals shall be received no later than 2:00 P.M. on May 23, 2002 and clearly marked on the outside "RFP # 02-5-23-2 Communities/Recreation Center Management Services Proposal". EVALUATIQN OF PROPOSALS 1. A Review Committee consisting of the City Manager, Community Services Director and Finance Director will evaluate written proposals. Evaluation will include the following criteria: 1:1 Qualification and experience of personnel who will be directly involved in all elements of the work. 1:1 Firm size, age, and organizational structure. 1:1 Firm's experience with projects that are similar to the requests of this RFP. 1:1 Safety record. 1:1 Innovative ideas as evidenced by the submittal. 1:1 Ability of firm to effectively manage and program a public facility to ensure successful recreation programs ranging from athletics to classes and seminars as directed by the City. 2. The highest ranked proposals will be identified and those firms will be requested to make a formal presentation before the selection committee. The selected firms will then be ranked according to the content of their presentations. The City Manager will then recommend that the City Commission adopt a resolution authorizing the City Manager to negotiate an agreement with the highest-ranking firm to provide facility management services for the City of Aventura. QUESTIONS Questions concerning this Request For Proposal should be directed in writing to: Eric M. Soroka, City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Issues of substance that are brought to the attention of the City will be responded to in writing, and copies provided to all firms who have received copies of the RFP. CITY'S RIGHTS The City of Aventura reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request re-proposals on the required materials or services. The City Commission shall make final determination and award of proposal(s). All materials submitted in response to the Request For Proposals become the property of the City of Aventura and will be returned only at the option of the City. The City has the right to use any or all ideas presented in any response to the RFP, whether amended or not, and selection or rejection of the Proposal does not affect this right, provided however, that any submittal that has been submitted to the City Manager's Office may be withdrawn prior to submittal opening time stated herein, upon proper identification and signature releasing submittal documents back to the proposing firm. CONE OF SILENCE PROVI~ION A. Notwithstanding any other provision of these specifications, the provisions of City Code Sec. 2-260 "Cone of Silence" are applicable to this transaction. The "Cone of Silence," as used herein, means a prohibition on any communication regarding a particular Request For Proposal ("RFP"), Request for Qualification ("RFQ") or bid, between: a potential vendor, service provider, proposer, bidder, lobbyist, or consultant, and: the City Commission, City's professional staff including, but not limited to, the City Manager and his or her staff, any member of the City's selection or evaluation committee. B. The Cone of Silence shall be imposed upon each RFP, RFQ and bid after the advertisement of said RFP, RFQ or bid. C. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the Cone of Silence shall be reimposed until such time as the Manager makes a subsequent written recommendation. D. The Cone of Silence shall not apply to: (1) oral communications at pre-bid conferences; (2) oral presentations before selection or evaluation committees; (3) public presentations made to the City Commissioners during any duly noticed public meeting; (4) communications in writing at any time with any City employee, unless specifically prohibited by the applicable RFP, RFQ or bid documents. The bidder or proposer shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request; (5) communications regarding a particular RFP, RFQ or bid between a potential vendor, service provider, proposer, bidder, lobbyist or consultant and the City's Purchasing Agent or City employee designated responsible for administering the procurement process for such RFP, RFQ or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; (6) communications with the City Attorney and his or her staff; (7) duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes his or her written recommendation; (8) any emergency procurement of goods or services pursuant to City Code; (9) responses to the City's request for clarification or additional information; (10) contract negotiations during any duly noticed public meeting; (11) communications to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential vendor, service provider, proposer, bidder, lobbyist, or consultant and any member of the City's professional staff including, but not limited to, the City Manager and his or her staff are in writing or are made at a duly noticed public meeting. E. Please contact the City Attorney for any questions concerning Cone of Silence compliance. F. Violation of the Cone of Silence by a particular bidder or proposer shall render any RFP award, RFQ award or bid award to said bidder or proposer voidable by the City Commission and/or City Manager. Programming Matrix for Aventura Community/Recreation Center Clubs-Classes- Lifelona Education Perfonnina Arts Fine Arts Activities Computer training Art Appreciation Ceramics 1st aid, CPR Age appropriate social Intemet Cafe houlS Dance Classes Crafts skills Language Classes Drawing Babysilling Certification Lecture series Painting Book club/readings Senior Programs Pottery Summer Rec Programs Sculpture Community AthleticsIWellness Enrichment Programs Cultural diversity programs BaHet Hunicane response training Basketball Red Cross programs Exercise Support groups Fitness training Volunteer Service Center Floor hockey Gymnastics Martial Arts VolleybaH Yooa I SEVERN q.?//u. n./ d tteI'lttt/uJ; "~-~----------------------------------------- TRENT Community/Recreation Center Management Services RFP# 02-5-23-2 ENVIRONMENTAL LEADERSHIP 1. NAME, ADDRESS, TELEPHONE AND FAX NUMBER OF THE FIRM Main Comorate Office: Severn Trent Environmental Services, Inc. 16337 Park Row Houston, TX 77084 Telephone: (281) 578-4200 Facsimile: (281) 398-3550 Local Office ResDonsible for the Contract: Moyer, Ward, Wrathell & Associates, a part of Severn Trent Environmental Services, Inc. 210 North University Drive, Suite 702 Coral Springs, FL 33071 Telephone: (954) 753-5841 Facsimile: (954) 345- 1292 2. TYPE OF ORGANIZATION, YEAR ESTABLISHED, AND ADDRESS OF HOME OFFICE IF DIFFERENT FROM ABOVE TVDe of Oraanization: Corporation Year Established: 1985 Home Office Address: 16337 Park Row Houston, TX 77084 3. PRINCIPALS OF THE CORPORATION President: Leonard F. Graziano Founders Building Suite 300 580 Virginia Drive Fort Washington, PA 19034 . MOYER, WARD, VVRATHELL & ASSOCIA TIS SEVERN '7Y;/n n/ cS4 tteI'lttt4t:P .m.~__~________________________________________ TRENT Community/Recreation Center Management Services RFP# 02-5-23-2 ENVIRONMENTAL LEADERSHIP 4. NAME AND TITLE OF THE PERSON WHO WILL BE RESPONSIBLE FOR CITY ACCOUNT Proiect Uaison: Chuck Adams, Director of Operations 5. NAME, FUNCTION, AND QUALIFICATIONS OF PERSONNEL IN THE ORGANIZATION WHO WILL BE INVOL VED IN THIS PROJECT Project Team: 1. Mr. Chuck Adams, Director of Operations - Project Liaison Mr. Adams has worked in local government for over thirteen (13) years, eleven (11) of those years In a supervisory position and the last eight (8) as the Director of Operations for Moyer, Ward, Wrathell and Associates/Severn Trent Environmental Services. During this time frame Mr. Adams' primary duties have been in the fleid operations of Community Development Districts serviced by the company. However, for the past year and a half Mr. Adams has also been involved with the City of Marathon In the capacity of Director of Community Services. Mr. Adams' responsibilities, in the capacities identified above, include the creation and administration of operating budgets totaling over $20 million annually. These budgets provide a broad range of services that include water and sewer, security, landscaping, parks and recreation, drainage and roadway maintenance. The methods of implementation of these programs vary by community and while in some cases they involve traditional 'in- house" staff approach others are provided through contract services. The following is a sample of duties performed by Mr. Adams that are pertinent to this RFP: . Budget creation and tracking . Identification, planning and implementation of capital improvement projects . Coordination with sports groups to identify the various scheduling requirements and insure zero scheduling conflicts . Coordination with sports groups to insure that any special facility requirements are met 2 . MOYER WARD, WRATJ-lEI.L & ASSOClA TES SEVERN q?r'~u./}j d~ -"-..~..~.---.------------------------------------- TRENT Community/Recreation Center Management SeNices RFP# 02-5-23-2 ENVIRONMENTAL LEADERSHIP . Management ot personnel and contractors to insure day-to-day maintenance activities are completed on schedule and to the required level of service . Continuous communication with the public to insure that their expectations and needs are being met 2. Mr. Jeffrey L. Skidmore, Director ot Community Services - Project Team Member Mr. Skidmore holds a Bachelor of Science degree from Flonda State University In Leisure Services & Studies. He began his professional career in 1977 with the City of Margate, becoming the Director of Parks & Recreation. While in Margate, his responsibilities included recreational and cultural programs, aquatics, special events, sports, and parks development and maintenance. Mr. Skidmore also served as a liaison to other recreation providers and community groups and was involved in preparation and monitoring of the annual budget. Commencing in 1998, Mr. Skidmore, working under contract for Moyer, Ward, Wrathell & Associates/Severn Trent, became the first Parks & Recreation Director for the City of Weston. He supervised transfer of parks and other recreational facilities from Broward County ownership and operation to the City, established an agreement between the City and the Weston Sports Alliance to manage sports leagues, Implemented a comprehensive contract for parks maintenance and oversaw the construction of a 102-acre regional park located In Weston. As the on-site representative and the City's Director of Parks & Recreation, Mr. Skidmore manages all aspects of parks and recreation including recreation programs, special events, park maintenance, athletics, the Community Center, Tennis Center and capital projects. He also prepares and monitors the annual budget, serves as liaison with other recreation providers and community groups, supervises all other contract employees in the parks and recreation division. With regards to the Community Center, Mr. Skidmore supervises numerous classes, activities, events and other uses of the City's Community Center, which not only serves the purpose of a location for various uses but also the offices of the Community Services Department, where all recreational activities are scheduled. participants are registered, fees are collected, and records are maintained. As a result of integration of the Public Works Department with the Parks & Recreation Department into the Community Services Department in 1999, Mr. Skidmore's responsibilities increased and now also include the management the public works and utility operations for the City of Weston. This includes the maintenance of landscaping, Irrigation, pavement and drainage of the public rights-of-way, the maintenance of the public water bodies and the maintenance of water mains, sewer mains and lift stations. Mr. Skidmore's duties additionally include preparation and monitoring of annual budgets and supervision of all employees in the public works and utility divisions. 3 . MOYER, WARD, WRATHI-TI & ASSOCIATES SEVERN o/-hh/JA c9f~ ._..~.J~_____._._."........mm........._________ TRENT Community/Recreation Center Management Services RFP# 02-5-23-2 ENVIRONMENTAL LEADERSHIP 6. GENERALt WORKERS COMPENSATION, AUTOMOBILE AND PROFESSIONAL LIABILITY COMPANY NAME AND EXTENT OF INSURANCE COVERAGE Severn Trent Environmental Services maintains separate insurance coverages for each and every municipal contract. For instance, for our contract with the City of Weston, we maintain the following: Insurance Tv09 Name of Insurance Comoanv Extent of Coveraae General liability Zurich American Insurance Co. General Aggregate - $2.000.000 Products - $2,000,000 Personal Injury - $1,000,000 Workers Compensation Travelers Indemnity Company Each Occurrence - $500.000 Automobile Travelers Indemnity Company Excess liability Zurich International UK LTD. Combined Single limit - $1,000.000 Each Occurrence - $10,000.000 7. A COMPLETE LIST OF PRESENT CLIENTS AND AT LEAST FIVE LElTERS OF RECOMMENDATION Our firm's primary clients in Florida with respect to government contract services are special taxing districts. The following is a list of our current special district clients: LAKE POWELL RESIDENTIAL GOLF COMMUNITY DEVELOPMENT DISTRICT PIER PARK COMMUNITY DEVELOPMENT DISTRICT BAYTREE COMMUNITY DEVELOPMENT DISTRICT CENTRAL VIERRA COMMUNITY DEVELOPMENT DISTRICT VIERA EAST COMMUNITY DEVELOPMENT DISTRICT CORAL SPRGS IMPROVEMENT DISTRICT CYPRESS COVE COMMUNITY DEVELOPMENT DISTRICT HARBOUR LAKE ESTATES COMMUNITY DEVELOPMENT DISTRICT MAPLE RIDGE COMMUNITY DEVELOPMENT DISTRICT NORTH SPRINGS IMPROVEMENT DISTRICT OAKRIDGE IMPROVEMENT DISTRICT PINETREE WATER CONTROL DISTRICT 4 . MOYER, Wl\[{[), WH./\THELL & ASSOCIATES SEVERN ~'hM'~8f~ ____~..~--mm............-..------------------- TRENT Community/Recreation Center Management Services RFP# 02-5-23-2 ENVIRONMENTAL LEADERSHIP SOUTH FLORIDA SPORTS & ENTERTAINMENT SPECIAL DISTRICT SUNSHINE WATER CONTROL DISTRICT TURTLE RUN IMPROVEMENT DISTRICT VIZCAYA COMMUNITY DEVELOPMENT DISTRICT WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT WEST LAKE COMMUNITY DEVELOPMENT DISTRICT RIVERWOOD COMMUNITY DEVELOPMENT DISTRICT HAMPTON HILLS COMMUNITY DEVELOPMENT DISTRICT CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT FLEMING ISLAND PLANTATION COMMUNITY DEVELOPMENT DISTRICT CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT FLOW WAY COMMUNITY DEVELOPMENT DISTRICT HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT KEY MARCO COMMUNITY DEVELOPMENT DISTRICT MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT PEUCAN MARSH COMMUNITY DEVELOPMENT DISTRICT PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT PORT OF THE ISLANDS COMMUNITY DEVELOPMENT DISTRICT BEACON TRADEPORT DISTRICT DUNES COMMUNITY DEVELOPMENT DISTRICT GRAND HAVEN COMMUNITY DEVELOPMENT DISTRICT KILLARNEY COMMUNITY DEVELOPMENT DISTRICT SHERMAN HILLS COMMUNITY DEVELOPMENT DISTRICT SILVERTHORN COMMUNITY DEVELOPMENT DISTRICT RIDGE WATER CONTROL DISTRICT SPRING lAKE IMPROVEMT DISTRICT ARBOR GREENE COMMUNITY DEVELOPMENT DISTRICT CHEVAL WEST COMMUNITY DEVELOPMENT DISTRICT CITRUS PARK COMMUNITY DEVELOPMENT DISTRICT CORY LAKES COMMUNITY DEVELOPMENT DISTRICT HERITAGE HARBOR COMMUNITY DEVELOPMENT DISTRICT HERITAGE ISLES COMMUNITY DEVELOPMENT DISTRICT PARKWAY CENTER COMMUNITY DEVELOPMENT DISTRICT TAMPA PALMS COMMUNITY DEVELOPMENT DISTRICT TAMPA PALMS OPEN SPACE & TRANSPORTATION DISTRICT WATERCHASE COMMUNITY DEVELOPMENT DISTRICT WESTCHASE COMMUNITY DEVELOPMENT DISTRICT WESTCHASE EAST COMMUNITY DEVELOPMENT DISTRICT WEST LAKELAND COMMUNITY DEVELOPMENT DISTRICT CENTRAL LAKE COMMUNITY DEVELOPMENT DISTRICT COUNTRY CLUB OF MT. DORA COMMUNITY DEVELOPMENT DISTRICT COUNTRY GREENS COMMUNITY DEVELOPMENT DISTRICT 5 . MOYER, WARD, WRATHELL & ASSOCIATES SEVERN all/,,, /J~ c9f tteI'ttttIuP -.-~..~--------------------------._._............ ENVIRONMENTAL LEADERSHIP Community/Recreation Center Management Services RFP# 02-5-23-2 TRENT DEER ISLAND COMMUNITY DEVELOPMENT DISTRICT VILLAGE CENTER COMMUNITY DEVELOPMENT DISTRICT BAY CREEK COMMUNITY DEVELOPMENT DISTRICT BAYSIDE COMMUNITY DEVELOPMENT DISTRICT BROOKS OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT BROOKS II OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT GATEWAY IMPROVEMENT DISTRICT HERITAGE PALMS COMMUNITY DEVELOPMENT DISTRICT MEDITERRA NORTH COMMUNITY DEVELOPMENT DISTRICT MIROMAR LAKES COMMUNITY DEVELOPMENT DISTRICT PARKLANDS WEST COMMUNITY DEVELOPMENT DISTRICT REN~SSANCE COMMUNITY DEVELOPMENT DISTRICT RIVER RIDGE COMMUNITY DEVELOPMENT DISTRICT STONEYBROOK COMMUNITY DEVELOPMENT DISTRICT UNIVERSITY SQUARE COMMUNITY DEVELOPMENT DISTRICT VASARI COMMUNITY DEVELOPMENT DISTRICT VERANDAH WEST COMMUNITY DEVELOPMENT DISTRICT CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT FALLSCHASE COMMUNITY DEVELOPMENT DISTRICT PINEY Z COMMUNITY DEVELOPMENT DISTRICT HERITAGE HARBOUR SOUTH COMMUNITY DEVELOPMENT DISTRICT LAKEWOOD RANCH 1, 2, 3, 4, 5 COMMUNITY DEVELOPMENT DISTRICTS UNIVERSITY PLACE COMMUNITY DEVELOPMENT DISTRICT CIRCLE SQUARE WOODS COMMUNITY DEVELOPMENT DISTRICT GOLDEN OCALA COMMUNITY DEVELOPMENT DISTRICT SOUTH-DADE VENTURE DISTRICT BONNET CREEK RESORT COMMUNITY DEVELOPMENT DISTRICT FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT NARCOOSSEE COMMUNITY DEVELOPMENT DISTRICT STONEYBROOK WEST COMMUNITY DEVELOPMENT DISTRICT URBAN ORlANDO DISTRICT VISTA LAKES COMMUNITY DEVELOPMENT DISTRICT OSCEOLA TRACE COMMUNITY DEVELOPMENT DISTRICT OVEROAKS COMMUNITY DEVELOPMENT DISTRICT BRIGHTON LAKES COMMUNITY DEVELOPMENT DISTRICT CELEBRATION COMMUNITY DEVELOPMENT DISTRICT CHAMPIONS GATE COMMUNITY DEVELOPMENT DISTRICT ENTERPRISE COMMUNITY DEVELOPMENT DISTRICT HARMONY COMMUNITY DEVELOPMENT DISTRICT REMINGTON COMMUNITY DEVELOPMENT DISTRICT REUNION EAST COMMUNITY DEVELOPMENT DISTRICT REUNION WEST COMMUNITY DEVELOPMENT DISTRICT VILLA SOL COMMUNITY DEVELOPMENT DISTRICT XENTURY CITY COMMUNITY DEVELOPMENT DISTRICT 6 . MOYER, WARD, WR.ATHELL & ASSOCIATES SEVERN q?,'/u ,,/. cSI/~ ----~.~_._---------------------------------_.... TRENT Community/Recreation Center Management Services RFP# 02-5-23-2 ENVIRONMENT At LEADERSHIP PAL MAR WATER CONTROL DISTRICT BELLA TERRA COMMUNITY DEVELOPMENT DISTRICT BRIGER COMMUNITY DEVELOPMENT DISTRICT CITY PLACE DISTRICT HAMAL COMMUNITY DEVELOPMENT DISTRICT QUANTUM COMMUNITY DEVELOPMENT DISTRICT HERITAGE PINES COMMUNITY DEVELOPMENT DISTRICT HERITAGE SPRINGS COMMUNITY DEVELOPMENT DISTRICT LAKE BERNADETTE COMMUNITY DEVELOPMENT DISTRICT MEADOW POINTE COMMUNITY DEVELOPMENT DISTRICT MEADOW POINTE II COMMUNITY DEVELOPMENT DISTRICT NORTHWOOD COMMUNITY DEVELOPMENT DISTRICT EASTLAKE OAKS COMMUNITY DEVELOPMENT DISTRICT BRIDGEWATER COMMUNITY DEVELOPMENT DISTRICT GOLDEN LAKES COMMUNITY DEVELOPMENT DISTRICT LAKE ASHTON COMMUNITY DEVELOPMENT DISTRICT POINCIANA COMMUNITY DEVELOPMENT DISTRICT RIDGE WATER COMMUNITY DEVELOPMENT DISTRICT BOBCAT TRAIL COMMUNITY DEVELOPMENT DISTRICT LAKESIDE PLANTATION COMMUNITY DEVELOPMENT DISTRICT DOVERA COMMUNITY DEVELOPMENT DISTRICT JUUNGTON CREEK PLANTATION COMMUNITY DEVELOPMENT DISTRICT MARSHALL CREEK COMMUNITY DEVELOPMENT DISTRICT SAMPSON CREEK COMMUNITY DEVELOPMENT DISTRICT CAPRON TRAIL COMMUNITY DEVELOPMENT DISTRICT RESERVE COMMUNITY DEVELOPMENT DISTRICT RESERVE II COMMUNITY DEVELOPMENT DISTRICT RIVER PLACE ON THE St. LUCIE COMMUNITY DEVELOPMENT DISTRICT ST. LUCIE WEST SERVICES DISTRICT WESTCHESTER 1,2,3.4 COMMUNITY DEVELOPMENT DISTRICTS VILLAGE 1. 2, 3 & 4 COMMUNITY DEVELOPMENT DISTRICTS INDIGO COMMUNITY DEVELOPMENT DISTRICT MAGNOLIA BLUFF COMMUNITY DEVELOPMENT DISTRICT In addition to special taxing districts, Moyer, Ward, Wrathell & Associates/Severn Trent also currently serves five municipalities In Florida. Our municipal clients are: CITY OF WESTON CITY OF MARATHON TOWN OF MIAMI LAKES VILLAGE OF KEY BISCAYNE TOWN OF SOUTH PALM BEACH 7 . MOYER, WARD, W[{ATHELL & ASSOCIATES SEVERN TRENT ENVIRONMENTAL LEADERSHIP Wi/u,/]/ c9f~ ----~--~...._.............__._-------------------- Community IRecreation Center Management Services RFP# 02-5-23-2 With regards to letters of reference, we would be happy to submit letters from clients designated by the City of Aventura. 8. ANY OTHER INFORMATION THAT IS APPROPRIATE TO ASSIST IN THE SELECTION PROCESS We appreciate this opportunity to respond to the Request for Proposals from the City of Aventura. The quality of the Community, involvement of its Residents, and the dedication of Staff have made Aventura one of the premier Municipalities in the Nation. We at Moyer, Ward, Wrath ell & Associates/Severn Trent are honored to be aliowed to present our seNices to a Community of this caliber. It is with that deep respect that we submit our proposal for your consideration. Moyer, Ward, Wratheli & Associates/Severn Trent appreciates the value of this position, as we have been fortunate to have been invoived in communities throughout Florida for the past thirty years. Severn Trent Environmental Services Severn Trent Environmental SeNices is a fuli-seNice utility provider for private sector, municipal, municipal utility district and Industrial clients. Severn Trent offers a comprehensive range of operational and management seNices for water, sewer and related systems. Our experience ranges from single plant operations to complex collection, distribution and customer seNlce systems, including total utility management. Severn Trent Environmental SeNices is itself a part of Severn Trent SeNices, the US arm of Severn Trent Pic of United Kingdom, one of the largest environmental companies in the World. The Severn Trent family of companies has expanded greatly over the more than 25 years of its existence into ali aspects of environmental seNices including computer-aided chemical analysis, pipeline distribution systems, solid waste coliection and disposal, environmental consulting, and municipal consulting with the acquisition in 1998 of Moyer, Ward, Wratheli & Associates. The company currently employs over 15,000 in Europe, the Americas and Asia. 8 . MOYER, WARD. WRATH ELL & ASSOCIATES SEVERN TRENT ENVIRONMENTAL LEADERSHIP ~"Jh/JAc9f~ ..__~_Jq-__mmm_m___._.______________."._._.. Community/Recreation Center Management Services RFP# 02-5-23-2 Moyer, Ward, Wrathell & Associates/Severn Trent Moyer, Ward Wrathell & Associates/Severn Trent provides contract services to forms of local government inciudlng special districts, municipalities, and divisions of counly government. Our services, however diverse, can be divided Into five core areas: . Incorporation Services . Management Services . Administrative Services . Financial Services . Communlly Services Incorporation Services include legislative submittals, feasibllily studies, communlly awareness, consensus building, visioning and strategic planning. Management Services include contract administration, departmental oversight inter- governmental liaison, public relations and policy implementation. Administrative Services inciude daily communications, customer service, scheduling, program presentation, records management Information technologies, databases and departmental support. Financial Services Include revenue collection, capital program administration, investment services, fund accounting, accounts payable/receivables, fixed asset accounting, budgeting, CAFR risk management and purchasing. Communily Services include full management as well as field services in the areas of public works, parks & recreation, water management water & wastewater. Moyer, Ward, Wrathell & Associates/Severn Trent is a thirty- year-old company providing services listed above to over one hundrecHorty clients in Florida. Since inception, we have been involved in over 230 financings totaling over $3.3 billion, are responsible for administration of these funds, and annually handle budgets in excess of $250 million. In 1998, Moyer, Ward, Wrathell & Associates joined Severn Trent Environmental Services, an international Environmental Services Group. Moyer, Ward, Wrathell & Associates/Severn Trent pioneered the concept of contract services for local governments In Florida, The contract government concept represents an innovation in government that eliminates excessive bureaucracy, simplifies the organizational chain, enhances the decision-making process and increases the accountabilily, efficiency and 9 . MOYER, WARD, WRATHEI.L & ASSOCIATES SEVERN ~'/Jhn/ c9'(~ .m~~..~.mmm........_..___________m_..._. TRENT , Community/Recreation Center Management Services RFP# 02-5-23-2 ENVIRONMENTAL LEADERSHIP cost effectiveness at a government. Contract government provides the ability to customize services to the particular and unique needs, goals and objectives at the community. We at Moyer, Ward, Wrathell & Associates/Severn Trent are especially proud of our abilities in the field of Community Services, which include Parks & Recreation. As recreational opportunities is one of the paramount quality-of-lIfe issues in many communities, working for our clients we were able to respond appropriately and adopt facilities and programs to the ever evolving needs presented to the governments we serve. 10 . MOYER, \t\, ARD, WRATH ELL & ASSOClA TES SEPTEMBER 3, 2002 AGENDA ITEM 6.D RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING THE SEPTEMBER 10, 2002 BALLOT INITIATIVE TO AMEND THE MIAMI-DADE COUNTY CHARTER TO NAME THE INDEPENDENT SPECIAL DISTRICT FOR CHILDREN'S SERVICES "THE CHILDREN'S TRUST" HAVING AUTHORITY AS SET FORTH IN SAID BALLOT ISSUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 10, 2002, the Miami-Dade County electorate will consider an amendment to the County charter to name the Independent Special District for Children's Services "The Children's Trust;" and WHEREAS, passage of this Charter amendment will provide The Children's Trust with authority to fund improvements to children's health, development and safety; promote parental and community responsibility for children; levy an annual ad valorem tax not to exceed one-half (1/2) mill to supplement current County expenditures for children services; and have membership provided in state law for home rule charter counties; and WHEREAS, the City Commission of the City of Aventura believes it to be in the best interests of all residents and citizens of the City and County to support The Children's Trust and passage of this Charter amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 2002-_ Page 2 Section 1. The City Commission hereby expresses its support of passage of the Miami-Dade County Charter amendment to name the Independent Special District for Children's Services "The Children's Trust" and the authorities as set forth in this ballot initiative. Section 2. The City Commission urges all responsible citizens to exercise their right to vote on the issues presented in the upcoming September 10, 2002 election and to vote in favor of The Children's Trust Charter amendment. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow Resolution No. 2002-_ Page 2 PASSED AND ADOPTED this 3rd day of September, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: August22,2002 i ance Support Services TO: City Commission FROM: Eric M. Soroka, City ~'M~KiI;;; Directo BY: SUBJECT: Resolution Authorizing Execution of Towing Agreement and Backup Towing Agreement September 3, 2002 City Commission Meeting Agenda Item ....io.f.- RECOMMENDATION It is recommended that the City Commission authorize the execution of a "Towing Agreement" with MIDTOWN TOWING OF MIAMI, INC. and "BACKUP TOWING AGREEMENT" with GOLD COAST TOWING. BACKGROUND The award of these two contracts is based on a formal RFP for Towing, Wrecker and Storage Services, RFP #02-8-15-2. The RFP was prepared because the existing Towing Agreement with Seay Towing was expiring on October 31, 2002. That contract was awarded for a three (3) year term in 1997 and was renewed for two additional one- year periods pursuant to the prior RFP for towing services. The RFP was advertised in the Miami Herald on July 16, 2002. The RFP was disseminated using Demand Star, an online bidder service, to 451 firms, including ten (10) firms who were on the City's own bidder/proposer list. A total of nine (9) firms received the RFP packet via Internet e-mail from Demand Star or via hard copies being picked up at the City. A total of four (4) firms attended a mandatory pre-bid conference on August 1, 2002. At the pre-bid conference, the City agreed to make changes to the fee schedule (amounts charged owners of towed vehicles), clarify the role of the backup towing service provider and certain other minor changes. The primary change was to update the fee schedule (which was the same one that was in effect five years ago) to the schedule currently used by Miami Dade County. All four firms that attended the pre-bid conference submitted proposals. The "Bid Tabulation" is included as Attachment 1. A representative of the Police Department and our Purchasing Agent inspected the facilities and equipment of all proposing firms. All were determined to exceed the minimum requirements established in the RFP. Page (2) Resolution Authorizing Execution of Towing Agreement & Backup Towing Agreement Since all four firms possess the required facilities and equipment and all were bound by the same fee schedule, the primary criteria for award was the franchise fee that each proposed to be paid to the City. Since Midtown Towing of Miami, Inc. proposed the highest yearly franchise fee of $25,763.00, they are recommended as the primary towing contractor. The next highest franchise fee was proposed by Gold Coast Towing resulting in the recommendation to have them act as backup. The franchise fee for each proposer is shown on Attachment 1. Copies of the RFP, addendums and proposals from all vendors are on file in the Finance Support Services Department. p\~c.\..~ \ CITY OF AVENTURA BID TABULATION TOWING. WRECKER AND STORAGE SERVICE RFP #02-8-15-2 BID OPENING AT 2:00 PM ON AUGUST 15, 2002 Total Yearly Fee Agree to Rates, Addendum 1 Proper Bid References Min. Vehicle Bidder Term & Fee Included Bond Listed Requirement Qual. Stmt. Seay Towing, Inc. 20.000.00 Ves Ves Ves Ves Ves Ves Manual Public 4 Copies of Certificate of Storage Included Entity Crime Bid Insurance Info. Affidavit less than Ves Ves Ves 500,000 Ves Total Yearly Fee Agree to Rates. Addendum 1 Proper Bid References Min. Vehicle Bidder Term & Fee Included Bond Listed Requirements Quat. Stmt. Anchor Towing, Inc. 20.340.00 Ves Ves Ves Ves Ves Ves Manual Public 4 Copies of Certificate of Storage Included Entity Crime Bid Insurance Info. Affidavit No Ves Ves Ves Ves Total Yearly Fee Agree to Rates, Addendum 1 Proper Bid References Min. Vehicle Bidder Term & Fee Included Bond Listed Requirements Qual. Stmt. Midtown Towing of Miami, Inc. 25.763.00 Ves Ves Ves Ves Ves Ves Manual Public 4 Copies of Certificate of Storage Included Entity Crime Bid Insurance Info. Affidavit Less Than Ves Ves Ves 500.000.00 Ves Total Yearly Fee Agree to Rates, Addendum 1 Proper Bid References Min. Vehicle Bidder Term & Fee Included Bond Listed Requirements Qual. Stmt. Gold Coast Towing '12.777.77 Ves Ves Ves Ves Ves Ves Manual Public 4 Copies of Certificate of Storage Included Entity Crime Bid Insurance Info Affidavit Less Than Ves Ves Ves 500.000 Ves RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A TOWING CONTRACT TO MIDTOWN TOWING OF MIAMI, INC. AND A BACKUP TOWING CONTRACT TO GOLD COAST TOWING; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted proposals from towing, wrecker and storage services pursuant to Request for Proposal (RFP) #02-8-15-2; and WHEREAS, sealed proposals were submitted to and received by the City pursuant to the City's RPF; and WHEREAS, staff has determined that Midtown Towing of Miami, Inc., has submitted the most responsible and responsive bid for said services: and WHEREAS, Gold Coast Towing has submitted the second most responsible and responsive proposal; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said towing contract and backup towing contract to said most responsible and responsive proposers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the Towing Contract for RFP #02-8-15-2 is hereby awarded to Midtown Towing of Miami, Inc. Section 2. That the Backup Towing Contract for RFP #02-8-15-2 is hereby awarded to Gold Coast Towing. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City, a towing contract and backup towing contract by and between the parties embodying the terms, conditions, specifications as set forth in the SUbject RFP. Section 4. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this resolution in awarding this contract. Resolution No. 2002-_ Page 2 Section 5. This Resolution shall be effective immediately upon its adoption. The foregoing Resolution was offered by, its adoption. The motion was seconded by, put to a vote, the vote was as follows: who moved and upon being Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 3'd day of September, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TOWING AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIDTOWN TOWING OF MIAMI, INC. This AGREEMENT, dated the day of _, 2002, by and between the CITY OF AVENTURA, a municipal corporation, hereinafter referred to as "CITY"; and MIDTOWN TOWING OF MIAMI, INC., its successors and assigns, hereinafter referred to as "CONTRACTOR" . WHEREAS, the CITY has solicited proposals from firms to provide TOWING, WRECKER AND STORAGE SERVICES; and WHEREAS, MIDTOWN TOWING OF MIAMI, INC. has been determined to be the most responsive and responsible proposer; and GOLD COAST TOWING has been determined to be the second most responsive and responsible proposer; and IN CONSIDERATION of the mutual terms, conditions, premises, and payments hereinafter set forth, the CITY and CONTRACTOR agree as follows: 1. The CONTRACTOR agrees to provide the materials and/or services and to be bound by the terms and conditions of the Request for Proposals, RFP #02- 8-15-2, which includes an Introduction, General Conditions and Special Conditions, and Bid Forms as attached hereto and incorporated herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "S". 2. The CITY agrees to abide by and to be bound by all terms of the Request for Proposal, RFP #02-8-15-2 which includes an Introduction, General Conditions and Special Conditions and Bid Forms as attached hereto and incorporated herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "B". 3. CONTRACTOR shall deliver materials and/or provide service when and as directed by the CITY. 4. The CONTRACTOR agrees to make payments in accordance with the terms of the RFP attached hereto and incorporated herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "B". 5. The contractor acknowledges that the City reserves the right in the event the towing contractor cannot provide an item(s) or Service(s) in a timely manner as requested, to contact the backup towing contractor to perform said service. If the secondary contractor is unavailable, the City reserves the right to seek and obtain other sources without thereby violating the intent of the contract. 6. This Agreement constitutes the entire agreement between the parties hereto, and its provisions shall not be amended, except in writing, after formal approval by both parties. 7. This Agreement will commence on November 1st, 2002 and expire on October 31St, 2005 unless contractor is otherwise notified by the City. The agreement may be extended for two (2) additional one year periods upon mutual agreement, in writing, by the CITY and CONTRACTOR. 8. CONTRACTOR agrees to indemnify and hold the City harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees, arising from any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the products or services supplied or the negligence of the CONTRACTOR, his employees, agents or assigns. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on this day of 2002. WITNESSES: CONTRACTOR (MIDTOWN TOWING OF MIAMI, INC.) President Secretary CITY OF AVENTURA Eric M. Soroka City Manager ATTEST: APPROVED AS TO FORM Teresa M. Soroka, CMC City Clerk (CITY SEAL) City Attorney BACKUP TOWING AGREEMENT BETWEEN THE CITY OF AVENTURA AND GOLD COAST TOWING This AGREEMENT, dated the day of _' 2002, by and between the CITY OF A VENTURA, a municipal corporation, hereinafter referred to as "CITY"; and GOLD COAST TOWING, its successors and assigns, hereinafter referred to as "CONTRACTOR" . WHEREAS, the CITY has solicited proposals from firms to provide TOWING, WRECKER AND STORAGE SERVICES; and WHEREAS, MIDTOWN TOWING OF MIAMI, INC. has been determined to be the most responsive and responsible proposer; and GOLD COAST TOWING has been determined to be the second most responsive and responsible proposer; and IN CONSIDERATION of the mutual terms, conditions, premises, and payments hereinafter set forth, the CITY and CONTRACTOR agree as follows: 1. The CONTRACTOR agrees to provide the materials and/or services and to be bound by the terms and conditions of the Request for Proposals, RFP #02- 8-15-2, which includes an Introduction, General Conditions and Special Conditions, and Bid Forms as attached hereto and incorporated herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "B". 2. The CITY agrees to abide by and to be bound by all terms of the Request for Proposal, RFP #02-8-15-2 which includes an Introduction, General Conditions and Special Conditions and Bid Forms as attached hereto and incorporated herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "B". 3. CONTRACTOR shall deliver materials and/or provide service when and as directed by the CITY. 4. The contractor acknowledges that the City has named MIDTOWN TOWING OF MIAMI, INC. as the primary towing contractor and GOLD COAST TOWING as the backup contractor. Contractor will provide services pursuant to the revised Section 8.4 of the RFP as specifically stated in Addendum No. 1 dated August 2, 2002. 5. This Agreement constitutes the entire agreement between the parties hereto, and its provisions shall not be amended, except in writing, after formal approval by both parties. 6. This Agreement will commence on November 1S\ 2002 and expire on October 31S\ 2005 unless contractor is otherwise notified by the City. The agreement may be extended for two (2) additional one year periods upon mutual agreement, in writing, by the CITY and CONTRACTOR. 7. CONTRACTOR agrees to indemnify and hold the City harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees, arising from any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the products or services supplied or the negligence of the CONTRACTOR, his employees, agents or assigns. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on this day of 2002. WITNESSES: CONTRACTOR (GOLD COAST TOWING) President Secretary CITY OF AVENTURA Eric M. Soroka City Manager ATTEST: APPROVED AS TO FORM Teresa M. Soroka, CMC City Clerk City Attorney (CITY SEAL) CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: City Commission .r; Eric M. sorOka: Citrrage August 9, 2002 TO: FROM: SUBJECT: FY 2002 Local Law Enforcement Block Grant Program September 3, 2002 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission approve the attached Resolution, which authorizes the City Manager to tile a grant application tor 2002 Local Law Entorcement Block Grant Program. The grant amount ot $21,261 will be utilized to ottset costs associated with the security system tor the Aventura Charter School. BACKGROUND The installation ot security systems including video devices at schools is an eligible project under the FY 2002 Local Law Entorcement Block Grant Program provided by the U.S. Department ot Justice. The Police Department has applied tor a grant to ottset costs associated with the security system at the Aventura Charter Elementary School. The grant is tor $21,261 and the City is required to provide $2,362 in matching tunds. The matching tunds will be provided trom the School Construction Budget. It you have any questions, please teel tree to contact me. EMS/aca Attachment CC01101-02 RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO FILE THE FISCAL YEAR 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT ATTACHED HERETO; ACCEPTING THE ASSURANCES CONTAINED IN EXHIBIT "A" ATTACHED THERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to file the Fiscal Year 2002 Local Law Enforcement Block Grant attached hereto, and the City Commission hereby accepts the assurances contained in Exhibit "A" of said Grant. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow Resolution No. 2002-_ Page 2 PASSED AND ADOPTED this 3rd day of September, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Assurances 'I /' .c,/C' "', ~,t- A Page 1 of2 NOTE: You must click OI'Ltnlt"Accept" button at the bottom of the page before clo.$i!lg this window ASSURANCES The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, '~uidelines and requirements, including OMB Circulars No. A-21 , A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule. that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 3. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act if applicable. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 7. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law. program requirements, and other administrative requirements. 8. It will insure that the facilities under its ownership. lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973. Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2,1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area havin9 special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant. 9uaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant. or any other form of direct or indirect Federal assistance. 10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with Assurances Page 2 of2 the State Historic Preservation Officer on the conduct ot Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 11. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions ot Title I ot the Omnibus Crime Control and Safe Streets Act ot 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars. or regulations. 12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 13. It will comply, and all its contractors will comply, with the non- discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1 990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42. Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 14. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 15. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 16. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. OIP Form 4000/3 (Rev. 7-00) ...............c.u. ..........~~ -.....---........--------- --- --- ..: -.. .... FV 2002 Local Law En_en! Block Grants program. ...'J Aventura City, FL _ Application Awarq RFD c;>U!!]tQb!'DJl~~ Beoorts Corresoonden~ Grant Handbook View Only Vi~w~--PIili9~tioI1 HelolFrequently Asked Ouestions LLpJl{l HQm_~ Log -Off Application was submitted on July 17,200202:13:19 PM EDT. Click here to print a copy. LLEBG FY 2002 Application 0818 Cartlllod : 17-JUL~ I Data Submllllld : 17-JUL-ll2 Jurisdiction Infonnation JurlodlocUon: County: Stale: CDFA Number: Aventura City 16.592 METROPOLITAN FLORIDA DADE Budget Infonnatlon Eligible A_n1 Amount: FIn.1 Award Match Matching Funda DeocrlpUOn: Amount: Amount: State and Local Government $21.261 Units $21.261 $2.362 CEO Infonnation TIlle: Ma...P_: Loot FIntN.... : City Manager Mr. "'me : EricM. Soroka Add....: T.....hone: Fox: Emolt 19200 West Counlry Club Drive 305-.8910 305- Aventura. FL 33180-3195 466-8919 SorokaS@cityofaventura.oom Program Contact Infonnation TIlle: Ma... p..nx: Loot First N.... : Deputy Chief Mr. "-me : Steven Steinberg Add....: T.....hono: Fox: Emolt 19200 West CoWlIry Club Drive 305-.8996 305- Avenlura. FL 33180-3103 466-8991 SteinbergS@aventurapolice.com Application Details 0818 AI_d ... Truot Fund Roqul.....nt Applicant .. PSOHB Compliant: 09.JUL~ Yes 0818 AI"""'" SPOC RoqulJ8fllOl1l: 0818 AI""" ... SAIl -- 09-JUL-02 Raqulromont: 09.JUL-02 Data AI_d... Cllfllftcoao..: Date Ag....d to AaUfllnces: 17.JUL~ 17.JUL-02 https://grants.ojp.usdoj.gov:8004/gms_user/plsq1/1Iebg_ main.app Jead _ only?p _ bgid=4 07/17/2002 CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND... Page I 00 NOTE: You must click on the "Accept" button at the bottom of the page before closing this w.i.rnlow U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING: DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro- curement) and Government-wide Requirements for Drug- Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension. and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements. or receiving stolen properly; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) . CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND... Page 20f3 Have not within a three-year period preceding this application had one or more public transactions (Federal. State. or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act ot 1988. and implemented at 28 CFR Part 67, Subpart F, for grantees. as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture. distribution. dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that. as a condition of employment under the grant. the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction: (e) Notifying the agency. in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or othelWise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title. to: Department of Justice. Office of Justice Programs, ATTN: Control Desk. 633 Indiana Avenue. N.W., Washington. D.C. 20531. Notice shall include the identification number(s) of each affected grant; (t) Taking one of the following actions. within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee. up to and including termination. consistent with the requirements of the Rehabilitation Act of 1973. as amended: or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal. State, or local health. law enforcement. or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a). (b). (c), (d), (e). and (t). CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND... Page 3 00 As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. OJP Fonn 4061/7 (Rev. 7-00) fi^ffjj:~P1 ;A~~i~~fr!i~, PSOHB COMPLIANCE DOCUMENTATION Page I ofl NOTE: You must select "Yes" below and click on the "Save and Continue" button at the bottom of the palle before closinll this window. PUBLIC SAFETY OFFICERS' HEALTH BENEFITS (PSOHB) PROVISION The provision states that a unit of local government (NOT the implementing agency) must provide the same or better level of health insurance benefits to a public safety officer who retires or is separated from service, as a direct or proximate result of a personal injury .sustained in the line of duty while responding to a hot pursuit or emergency situation, as the officer was receiving whil.e on active duty. A public safety officer is an individual serving a public agency in an official capacity (with or without compensation) as a: . Law Enforcement officerl1) . Firefighter . Rescue squad or ambulance crew member If a unit of local government is not in compliance with this provision, it is still eligible for funding from BJA, but will forfeit 10 percent of the eligible amount. Criteria for Compliance To be in compliance, a unit of local government must: I. Use the definitions provided for public safety officer, law enforcement officer, firefighter and public agency as defined by section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. 2. Use State statutory law. or, in the absence of State law. use State case law, local law, or have established written policy for defining" injury suffered as a direct result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit. " State law definitions of the terms" emergency situation" and" hot pursuit" must be used. 3. Have an established written procedure or process for reviewing cases of injuries suffered in the line of duty. 4. Be able, upon request, to document that the same or better level of health insurance benefits as received while onduty is paid at the time of retirement or separation due to an injury suffered as the direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit. (1) Section 1204(5) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, defines a law enforcement officer as "an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws, but not limited, to police, corrections, probation, parole and judicial officers. If you do not understand this provision, call the GMS Hotline at 1-888-549-9901, option 4. If you do understand, please click "Yes" below. r Yes, I have read and understand the above PSOHB Compliance requirements. Save and Continue I httos://l1rants.oin.usdoi.110v:R004/l1ms user/nlsallllebl1 main.nsohb comnliance 7/9/02 Local Law Enforcement Block Grants - LLEBG Introduction t'age I 01 I 1010 1 FY 2002 Local Law Enforceme,nt Block Grants Program I ~101 Aventura City, FL . . D Application ill !\'<"{aJg []J EEQ IT] GraJ'lLGl1BllilEt!! []J R~pj)rt~ ill CorIesQj)]lJ1~nc::e D o Grant Handbook Overview C.t.QJ!!.fu!1natl~m PrQg[l!!1J C ol1t~g InfolJIlJ!ti~m Certification~ Mv_~[d an(tMll1<1b ::iubJIljt Armli"J!\i"n Q<;f]j!)e Funds H<lli>ifI!'ill1~ntlv Ask,,<l Q!l~stiQJt~ LLEBG Home LS'1l:QtT Trust Fund RC(luirement r_SJ2BB1<-~ql!U:~OJ_~llt SpnJ~_Reyi~',Y SAA_R~,j~~ The LLEBG Trust Fund Requirement All direct LLEBG recipients and State subrecipients mu~t establish a trust fund in which to deposit LLEBG Program funding. The trust fund mayor may not be an interest bearing account. Regardless of the type of account selected. the trust fund must protect the principal. The trust fund must be established by the the recipient jurisdiction, not by the implementing agency/ies. For example, in the case of a city award, the city manager or mayo~s office must establish the trust fund, not the police department. In some jurisdictions, the term "Special Revenue Fund" may denote the same attributes as the definition for trust fund under the LLEBG Program. An LLEBG recipient's trust fund must include the following four features: I. The fund may earn interest, but any earned interest must be used for program purposes. The trust fund does not have to be an interest bearing fund. 2. The recipient must be able to account for the Federal award amount. 3. The recipient must be able to account for the local match amount. 4. The recipient must be able to account for any interest earned. P' I have read the above requirement. Save and Continue Go Back https://grants.ojp.usdoi.gov:8004/gms user/plsQI/llebg main.certifications trust fund?p bgid... 7/9/02 Assurances Page I of2 NOTE: You must click on the "Accept" button at the bottom of the page before closing this window ASSURANCES The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21 , A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 3. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act if applicable. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others. particularly those with whom they have family, business, or other ties. 6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records. books, papers. or documents related to the grant. 7. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements. and other administrative requirements. 8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234.87 Stat. 975, approved December 31,1976, Section 102(a) requires. on and after March 2,1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 use 470), Executive Order 11593. and the Archeological and Historical Preservation Act of 1966 (16 use 569a-1 et seq.) by (a) consulting with Assurances Page 2 of2 the State Historic Preservation Officer on the conduct ot Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 11. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and SClfe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate: the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1: and all other applicable Federal laws, orders, circulars, or regulations. 12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20. Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act: Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 13. It will comply, and all its contractors will comply, with the non- discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968. as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A. Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C.D.E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 14. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 15. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 16. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. OJP Fonn 4000/3 (Rev. 7-00) . I I A~~pt .......v~ .............. .................... "''''......-...... -- - --- - ..~."'.. FY 2002 Local Law Enforcement Block Grants program. . Aventura City, FL ..., ",'" Application Award RFD <:ir:.a!lLChaJIM~ Reoorts Corresoondence Grant Handbook OvcIYic\y O,:Q~Information progr~m_J;QDt~~ InfQQ!lJni<cm Certifications t\WJ![d am! M'!1cl) Submit Application Decline Funds HelplFreauentlv Asked Ouestions U.I;!3-QHQ[!l", Log -Off Assurances and Certifications To the best of my knowledge and belief, all data in this application/preapplication is true and correct, the document has been duly authorized by the the applicant and the applicant will comply with the attached assurances if the assistance is awarded. Your typed name, in lieu of your signature represents your legal binding acceptance of the terms of this application and your statement of the veracity of the representations made in this application. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the following: 1. Assurances 2. Certifications Reaardina Lobbvina. Debarment. Susoension and Other Resoonsibilitv Matters: and Drua~Free Workolace reauirements. Please make sure the following information is correct. Any changes made will automatically update the information entered previously elsewhere in the application process. Program Contact Infonnation 'Title Deputy Chief 'Prefix Mr. 11 'First Name Steven 'Last Name Steinberg 'Address Une 1 19200 West Country Club Drive Address Une 2 'City Aventura State Florida 'Zip Code 33180 _13103 Need help for ZIP+4? 'Phone 305-466.8996Format: ~-9999 Extension Fax 305-466-8991 Format:~-9999 'E-mail SteinbergS@aventura~ IV I have examined the infonnation provided here regarding the Signing authority and certify it is accurate. I am the signing authority, or have been delegated or designated fonnally as the signing authority by the appropriate offICial, to provide the information requested throughout this application system on behalf of this 'urisdiction to the Local Law Enforcement Block Grants Program. https://grants.ojp.usdoj.gov:8004/gms_user/plsql/llebg_ main. certifications_assurance 07/17/2002 Grant Programs: Read about all ofBJA's funding opportunities Page I of2 ... . WHA1'$ NEW ,(,"'< ~.,;. .- 'j;' ....... )oGIWf1EE ~ FY 2002 LLEBG Application Instructions )0 JUSnCE 10PICS ., GRANT PROGRAMS ' Search BJA I . To apply, submit an electronic application via the Internet-based Grants Manaaement $ystem(GM$). )0 PUIIJCA110NS )0 1RAI1IING .. lECHMCAL ASSISTANCE Read the following instructions and guidance to complete and submit your Fiscal Year (FY) 2002 LLEBG application. For assistance, call the BJA Support Services Line at 1- 888-549-9901. Please listen to the automated menu items and, for LLEBG Program- specific matters, select option #4. )0 _$A"" FROM 1HE DIREC10R )0 ABOUT BJA 1. Only the Chief Executive Officer (i.e., Mayor, City Manager, County Commissioner, et al.) of your jurisdiction (unit of local govemment), or the Program Point-of-Contact officially designated by the Chief Executive Officer, may apply for funding under the LLEBG Program. Only public officials have the authority to bind the jurisdiction legally to the terms of the LLEBG Program. The Chief Executive Officer may not delegate this responsibility to a nonpublic official or a public official outside his or her jurisdiction. A jurisdiction may use whatever assistance it deems appropriate to gather the information required for the completion of the LLEBG online application and payment acceptance processes; however, it may only delegate a public official within the applicant jurisdiction the responsibility of actually completing the online processes. Any applying jurisdiction that violates these requirements will be subject to formal action, including nullification of the FY 2002 LLEBG application and eligibility for future LLEBG funding cycles. 2. Confirm that your jurisdiction is eligible to apply for FY 2002 funds by locating your jurisdiction's name on the FY 2002 Eligibilitv List (coming soon). If your jurisdiction is not listed, then it is not eligible to receive FY 2002 LLEBG funds directly from the Bureau of Justice Assistance (BJA). You should contact your s.t'ilte Administering Agencv to determine if your jurisdiction is eligible to receive LLEBG funds from your state. 3. First-Time Users of GMS: If your jurisdiction has never applied for an LLEBG award via the online Gr'ilnts Managelllent$ystem. you must go to the LLEBG GMS Home Page and click on "Create New Account." Follow the instructions to create an LLEBG user name and password for your jurisdiction. 4. For FY 1999, FY 2002, and FY 2001 LLEBG Recipients: Go to the LLEBG GMS Home Page. Use your existing user name and password to log in to the system. Proceed through the application process by following the onscreen instructions. If you do not have your .user name and/or password or you have replaced the previous LLEBG GMS user, click on the "Having Login Problem?" button and follow the instructions on the screen. 5. Proceed to the LLEBG online Grant~Manggement System, and log in to the system. Read all of the information on the screen before entering the system. You cannot begin Grant Programs: Read about all ofBJA's funding opportunities Page 2 of2 the FY 2002 LLEBG application until the system opens on June 5, 2002. 6. All users should bookmark (i.e.. save as a "favorites") the LLEBG GMS site to allow for more efficient return to the log-in screen. Return to LLEBG Home U.S. Deoartment of Justice I Office of Justice Proorams PM.atv Statement and Disdaimers I EQIA .L.JLJ&..J............. .... _.........._ .L.J.....c.............. ".............................................. .......c... ... ......... . cmlm(fjJ~~ . L... L.AW EWOIC...", ILocw G.u.wrs FY2002 Eligible Jurisdictions Those Counties/Parishes that have $0 for their federal award amount have been certified as disparate jurisdictions. Click on this link for more information on the disDarate certification Drocess and a list of iurisdictions certified as disparate. - State Jurisdiction Federal Award Amount Florida Alachua City $13,601 Alachua County $227,928 Altamonte Springs City $34,146 Apopka City $62,780 Arcadia City $25,341 Archer City $10,022 Atlantic Beach City $17 ,467 Auburndale City $18,827 Aventura City $21,261 Avon Park City $19,972 Baker County $23,910 Bartow City $38,942 Bay County $77,169 Belle Glade City $100,148 Boca Raton City $48,964 Boynton Beach City $141,882 Bradenton City $76,095 Bradford County $28,563 Brevard County $256,132 Broward County $332,299 Cape Coral City $49,251 Casselberry City $35,793 Charlotte County $59,344 Chiefland City $10,380 Citrus County $61,778 Clay County $111,959 Clearwater City $226,424 Clermont City $10,308 Clewiston City $19,471 / http:// grants.ojp. usdoj .gov: 8003/gms/plsql/llebg_ fY2002 _ report. eligible _state 06/25/2002 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, City TO: City Commission DATE: August 13, 2002 SUBJECT: Ordinance Amending City Code Chapter 4 "Alcoholic Beverages" to be Consistent With the City's Land Development Regulations 1st Reading September 3,2002 City Commission Meeting Agenda Item.!1l! 2nd Reading October 1, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance amending Chapter 4 ot the City Code "Alcoholic Beverages" to update language that is inconsistent with the City's Land Development Regulations. BACKGROUND The City's Alcoholic Beverage Ordinance was adopted prior to the City's Land Development Regulations and makes reterences to County Zoning procedures. The amendments are as tollows: 1. The reterence to "special exception" has been changed to conditional use to be consistent with the City's Land Development Regulation procedures. 2. The zoning districts were updated to retlect the City's B1 and B2 zoning districts. 3. Reterences made to Chapter 33 ot the Miami-Dade County Code, which provided specitic zoning district regulations concerning establishments selling or serving alcoholic beverages, was deleted to avoid inconsistency with the City's Land Development Regulations. It you have any questions, please teel tree to contact me. EMS/aca Attachment CC01102-02 ORDINANCE NO. 2002-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 4, "ALCOHOLIC BEVERAGES," BY AMENDING PARAGRAPH (A) "DISTANCE FROM OTHER ESTABLISHMENTS", PARAGRAPH (B) "DISTANCE FROM RELIGIOUS FACILITY OR SCHOOL", AND PARAGRAPH (E) "EXCEPTIONS TO SPACING AND DISTANCE REQUIREMENTS," OF SECTION 4-2 "LOCATION OF ESTABLISHMENTS"; AND BY REPEALING SECTION 4-6 "ZONING DISTRICT REGULATIONS" TO CLARIFY THAT CONDITIONAL USE IS THE APPLICABLE CRITERIA AND TO DELETE THE OBSOLETE REFERENCE TO MIAMI- DADE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary to update language contained in Chapter 4, "Alcoholic Beverages", that is inconsistent with the City's Land Development Regulations; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS1: Section 1. Recitals. That the above recitals are true and correct and incorporated herein by this reference. Section 2. City Code Amended. That Section 4-2 "Location of establishments" of Chapter 4 "Alcoholic Beverages" of the City Code is hereby amended by amending paragraph (a) "Distance from other establishments", paragraph (b) "Distance from religious facility or schoof', and paragraph (e) "Exceptions to spacing and distance requirements" to read as follows: Sec. 4-2. Location of establishments. (a) Distance from other establishments. Unless approved as a s~e8ial excoption, conditional use, no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off 1 Underlined provisions constitute proposed additions to existing text; striskeA tRrell!jR provisions indicate proposed deletions from existing text. Ordinance No. 2002-_ Page 2 the premises where the structure or place of business intended for such use is located less than 1,500 feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The 1,500 feet distance requirements shall be measured by following a straight line from the nearest portion of the structure of the place of business. (b) Distance from religious facility or school. Unless approved as a speoial el<sel'ltien, conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than 2,500 feet from a religious facility or school. The 2,500 foot distance requirement shall be measured and computed as follows: * * * (e) Exceptions to spacing and distance requirements. The restrictions and spacing requirements set forth in subsections (a) and (b) above shall not apply: * * * (2) Restaurants in ell I, Bll 1/\ B1 and B2 Zoning Districts. To dining rooms or restaurants located in the eu 1 er ell IA 81 and 82 Zoning Districts and which do not comply with subparagraph (3) below, but which comply with the requirements of such districts and serve cooked, full course meals, daily prepared on the premises, or such other dining rooms or restaurants in other more liberal zoning districts complying with the requirements of the eu 1 or ell 1^ 81 and 82 Districts and which serve cooked, full course meals, daily prepared on the premises, providing that only a service bar is used and tAe salo of alcoholic beverages are sold only to persons seated at tables. * * * Section 3. Section 4-6 is ReDealed. That Section 4-6 "Zoning district regulations" of Chapter 4 "Alcoholic Beverages" of the City Code is hereby repealed, which reads as follows: P~rsuant to section 8.03 of tt'lB City Cl'larter OfGinanse Ne. 97 15, tl'lese I'lertiens of sl'lal'lter 33 ef tl'lB Miami Dade County Cese whioh pr-o'/ide speoifio zoning dislriGt r-e€j~lati8ns s8nssmin€j sstaslisl'lmsnts selling or serving alooholis s9vera€jes, sl'lall sentin~e te aB al'll'llisaalB in tl'le City, unless in sonflist witl'l the restr-istieAs of this SfGiAaAGe sr if otherwiso provises ay sfGinanse sf the City. Ordinance No. 2002-_ Page 3 Section 4. 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 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption at second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow Ordinance No. 2002-_ Page 4 PASSED on first reading this 3rd day of September, 2002. PASSED AND ADOPTED on second reading this 1st day of October, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, City TO: City Commission DATE: August 20,2002 SUBJECT: Proposed Amendments to Newsrack Ordinance 1st Reading September 3, 2002 City Commission Meeting Agenda Item 1.B.... 2nd Reading October 1, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance, which amends Chapter 42 ot the City Code relating to news racks, to incorporate revisions to integrate the usage ot City-owned news racks. BACKGROUND The City Commission approved as part ot the Capital Improvement Program (CIP) the installation ot six City-owned news racks in addition to those provided at the various City bus shelters. The revisions contained in the attached Ordinance implement the use ot the City-owned news racks. Based on the revisions, newspapers cannot be sold in racks on any public areas unless they utilize the City-owned newspaper racks or City bus shelter news rack porticos It you have any questions, please teel tree to contact me. EMS/aca Attachment ceo 11 05-02 ORDINANCE NO. 2002-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 42, "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES," ARTICLE II "NEWSRACKS" OF THE CITY CODE; AMENDING SECTION 42-32 "DEFINITIONS" TO ADD NEW DEFINITIONS FOR THE TERMS "CITY-OWNED NEWSRACK" AND "NEWSRACK PORTICO;" AMENDING SECTION 42-33 "PROHIBITED NEWSRACKS" TO REQUIRE REMOVAL OF PRIVATE NEWSRACKS ON PUBLIC PROPERTY NOT LOCATED WITHIN A NEWSRACK PORTICO; AMENDING SECTION 42-34 "PERMIT REQUIRED" TO REQUIRE PERMITS FOR THE USE OF CITY-OWNED NEWSRACKS; AMENDING SECTION 42-35 "APPLICATION FOR PERMIT; APPROVAL OF LOCATION" TO REQUIRE THAT THE LOCATION OF THE NEWSRACK PORTICO OR CITY-OWNED NEWSRACK BE SPECIFIED ON THE PERMIT APPLICATION; AMENDING SECTION 42-36 "ISSUANCE OF PERMIT; CONDITIONS; FEES" TO REQUIRE A FEE FOR THE USE OF A CITY-OWNED NEWSRACK; AMENDING SECTION 42-37 "INDEMNIFICATION" TO REQUIRE INDEMNIFICATION BY PERSONS UTILIZING CITY-OWNED NEWSRACKS; AMENDING SECTION 42-38 "IDENTIFICATION OF DISTRIBUTOR TO BE POSTED ON NEWSRACKS" TO REQUIRE IDENTIFICATION ON PRIVATE NEWSRACKS; AMENDING SECTION 42-39 "LOCATION, PLACEMENT AND NUMBER" TO REQUIRE THAT PRIVATELY OWNED NEWSRACKS ON ANY PORTION OF A PUBLIC RIGHT-OF-WAY BE PLACED IN A NEWSRACK PORTICO; AMENDING SECTION 42-40 "EQUIPMENT STANDARDS; ADVERTISING; MAINTENANCE" REGARDING THE MAINTENANCE OF PRIVATELY-OWNED NEWSRACKS; PROVIDING PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission finds that it is in the best interest of the City to provide Newsrack Porticos to house privately-owned newsracks; and Ordinance No. 2002-_ Page 2 WHEREAS, the City Commission finds that it is in the best interest of the City to provide Ilniform City-owned newsracks at locations throughout the City as they will serve to promote the health, safety and welfare of the citizens of Aventura, as well as the aesthetics of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:1 SAction 1. RAcitalfl The above recitals are true and correct and incorporated herein by this reference. Section 2 Section 42-32 "Definitions" of Article II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read as follows: Sec. 42-32. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * * City-nwnArf NAwsrack mAIms R nAwsrRck prnvidAd l1y the City for the displAY And sRle of newl\pRperS Rnd other periodicRls. * * * * NAW.<:rRck Pnrtico meRns R stnlctllre provided by the City Rt blls bench locRtions for the plRcement of no more ihRn five (5) privRtely-owned newsrRcks. I( Proposed additions to existing City Code text are indicated by nnrlP.Tline; proposed deletions of existing text are indicated by .b.a.."tillu"5h. 2 Ordinance No. 2002-_ Page 3 SActinn 3 Section 42-33 "Prohibited newsracks" of Article II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read as follows: Sec. 42-33. Prohibited newsracks. (a) No person shall install, use, or maintain any privRtA newsrack which projects onto, into, or which rests, wholly or in part, upon the roadway of any public street. (b) No person shall install, use, or maintain any privRtA newsrack which in whole or in part rests upon, in or over any public sidewalk, right-of-way or parkway ImlAss thA OAwsrRck is plRcAd within R NAwsrRck Portico providAd by thA City (1) ..lien suc;1l installation, use, or maintenance endangers tile safety of persons or property; (2) when sl:lcll site or location is used for pl:lblic I:Itility purposes, public; transportation pl:lrposes, or other gCl'v'ernmental use; (3) ..hen sucll Newsrack unreasonably interferes 'vVitll or impedes tr,e flc'"" of pedestrian or 'vehicl:llar traffic, including parked OF stopped vehicles, the ingress in or egress from any residence or place of bl:lsiness, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location; (4) ...Ilen sucll Newsrack interferes ..itll the cleaning of any side'vV8lk by tile use of mecllanical side..alk cleaning machine'), or (5) in any manner inconsistent witll or in violation of the prov'i3ion3 of thia Ordinance. SActinn 4 Section 42-34 "Permit required" of Article II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read as follows: 3 Ordinance No. 2002-_ Page 4 Sec. 42-34. Permit required. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place in the City any private newsrack without first having obtained a permit from the City Manager specifying the exact location of such newsrack. It shall he unlawful for any person firm or C".ocpor::ltion to IItilize ::I City-owned Newsrar.k or Newsr::lr.k PortiC".o withollt first h::lviog ohtained a permit from the City Manager One permit may be issued to include any number of newsracks, and shall be signed by the applicant. SAction 5 Section 42-35 "Application for permit; approval of location" of Article II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read as follows: Sec. 42-35. Application for permit; approval of location. (a) Application for a newsrack permit shall be made in writing to the City Manager upon such form as shall be provided by him, and shall contain the name, address, and phone number of the applicant and shall be signed by the applicant. The applir.ation shall further spedty the lor.ation of the Newsr::lr.k PortiC".D for the priv::lte newsr::lr.k or the 10r.::Ition of the City-owned NAwsr::lr.k SAr.tion 6 Section 42-36 "Issuance of permit; conditions; fees" of Article II, "News racks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read as follows: Sec. 42-36. Issuance of permit; conditions; fees. Permits shall be issued for the installation of a priv::lte newsrack or nev.sl'8Gks ..ithol:lt prior inspection of the location, but 3l:leh ne'f.'sl'8ek-s at NAwsr::lr.k Portir.os or for thA IISA of a City-owned NAwsr::lr.k and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this article. Permits shall be issued within 4 Ordinance No. 2002-_ Page 5 five (5) days (excluding Saturdays, Sunday and legal holidays) after the application has been filed. A one-time permit fee of $25.00 shall be required for each newspaper publisher plus $10.00 per privRtA newsrack or hox Rt R City-own Ad NAwsrack, The above fees will be used to defray administrative expenses with relation to this article. Sectinn 7 Section 42-37 "Indemnification" of Article II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read as follows: Sec. 42-37. Indemnification. Every owner of a news rack who places or maintains a privatA news rack on 8 I'l:lblic sidetv'8lk or 1'8rk\.8Y in the Cit) at a NAwsrack Portico or any pArson who utili7As a City-own Ad NAwsrack shall file a written statement with the City Manager in a form satisfactory to the City Attorney, whereby such owner or pArson agrees to indemnify and hold harmless the City, its officers, and employees, from any loss, liability, or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use and/or maintenance of a privatA newsrack at a NAwsrack Portico or such pArson's USA of a City-own Ad nAwsrack within the City. This paragraph shall only be applicable to the same extent required by City for other public right-of-way permittees. Sectinn 8 Section 42-38 "Identification of distributor to be posted on newsracks" of Article II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read as follows: Sec. 42-38. Identification of distributor to be posted on newsracks. Every person who places or maintains a privatA newsrack on the streets of the City at a NAwsrack Portim and AVAI:Y pArson who utili7AS spacA in a City-ownAd NAwsrack shall have his permit number, name, address, and telephone number affixed to the newsrack in a place where such information may be easily seen. Prior to the designation of location by the 5 Ordinance No. 2002-_ Page 6 City under Section 42-39, the Distributor shall present evidence of compliance with this section. Sectinn Q Section 42-39 "Location, placement and number of Article II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read as follows: Sec. 42-39. Location, placement and number. (a) Any privAtA newsrack which rests in whole or in part upon, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be plAcAn in A NAwsrAck Pnrtim pmvinAn hy thA City Ann shAll fllrthAr comply located in accordance with the following provisions of this section: (1) No privAtA newsrack shall be used or maintained which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part upon, along or over any portion of the roadway of any public street. (2) No privAtA news rack shall be chained, bolted, or otherwise attached to any NAwsrAck Portim City-ownAn NAwsrAck or to Any othAr fixture located in the public right-of-way, except to other news racks IOC'.AtAn within A NAwsrAck Portim (3) Newsracks may be placed next to each other within A NAwsrAck Portico, provided that no group of newsracks shall for a di3t8nce of more than eight feet along a curb, and a space of not less than three fee separate each group of ne'..sracks AxtAnn hAyonn thA NAwsrAck Portico or ohstnJct ACCASS to AnothAr nAwsrAck within thA NAwsrAck Portico. (4) No ne.,srack shall be placed, installed, l:lsed or maintained: (i) 'Nithin five (5) feet of any marked e:ro3s'Nalk, (ii) Within fifteen (15) feet of the curb retl:lm of any l:lnmarked cross.....alk. 6 Ordinance No. 2002-_ Page 7 (iii) 'Nithin ten (10) feet of any fire hyel1'8nt, fire call box, police call box or other emergency facility. (i'.) Within ten (10) feet of any drive..ay. (v) 'Nithin five (5) feet of any bus bench or exterior of a bus shelter. ("vi) Within t'l'v'enty.five (25) feet of any bus bench or bus shelter when the space is a'(ailable behind such bus bench or bI:J3 shelter. (vii) At an) location nhereb) tlie tlear apac.e for the passage..a) of pedestrians is reduced to less than five (5) feet:- ("viii) ',\'ithin three (3) feet of or on sny ptlblic area improved .'<Iith lawn, flowers, shrubs, trees or other landscaping, or .,within three (J) feet of any display lly'indovi" of any building abutting the aiele"tiSlk Of park'.81 or in aLiGn 8 manner 88 to impede or interfere ....ith the reasonable use of such window for display purposes. Not'i.ithstanding this pa1'8g1'8ph ...iii, a ne....s1'8ck may be placed on a s..ale area if set back from the read a distance of at least % of the width of the s'wale and positioned at a location ..hich is at the furthest possible distance fron , the read. (ix) 'Nithin one hundred (100) feet of any other ne..31'8ck on the same side of the street in the same block containing only the same issue or edition of the same publication. (x) On any access I'8mp fer disabled persons. (xi) Upon any swale area, unless permission to place the ne..s1'8ck on equi'.'alent space on adjacent private preperty, in lieu of the s..ale area, is sought by the Distributor and not recei..ed frem the proper!) o.mer. (5) No more than six (6) ne..s1'8cks co'v'ering or ell.'tending more than a total of 192 lineal inches shall be located on any public right of ..ay 7 Ordinance No. 2002-_ Page 8 within a sl'ace ef !vie hundred (200) feet in any direction within the same block of the same street, I'ro.ided, ho...'ever, that no more than tvvelve (12) ne.....sracks shall be allo....ed on anyone block. (b) The City Manager shall be guided by the following criteria of priorities in issuing permits whenever more than fiVA (11) six (6) news racks are proposed for anyone City-ownArt NAw!mlC:k nr NAw!m'lck PortiC'.O location: (two- htlndred (200] foot space) or n ,ore than tI..el.e (12) ne..sracks are I'rol'osed for anyone block: (1) First priority shall be daily publications (published five (5) or more days per week). (2) Second priority shall be publications published two (2) to four (4) days per week, (3) Third priority shall be publications published one (1) day per week. (4) Fourth priority shall be publications published less than one (1) day per week, SAction 10 Section 42-40 "Equipment standards; advertising: maintenance" of Article II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read as follows: Sec. 42-40. Equipment standards; advertising; maintenance. Any privRtA news rack which in .'thole or in I'art rests upon, in or o.er an) I'lublic sidev.'alk or park'v.ay, is locRtArt within Rny NAwsrRck PortiC'.O shall comply with the following standards: A. Maximum size; extemal attachments. No newsrack shall exceed five (5) feet in height, thirty-two (32) inches in width, or two (2) feet in thickness. Additionally, no such newsrack shall have any external fixtures, attachments or other devices which provide or display additional publications. B. Advertising. No newsrack shall be used for advertising signs or 8 Ordinance No. 2002-_ Page 9 publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or news periodical sold therein. C. Coin-return mechanism. Each coin-operated newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event the person is unable to receive the paid-for publication. The coin-return mechanism shall be maintained in good working order. D. Information to be posted on newsracks. Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack, a notice setting forth the name and address of the Distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism or to give the notices provided for in this section. E. Maintenance. Each private newsrack shall be maintained by the Distributor in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each private newsrack shall be serviced and maintained so that: (1) It is reasonably free of dirt and grease; (2) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof; (3) It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon; (4) The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration; (5) The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and (6) The structural parts thereof are not broken or unduly misshapen. 9 Ordinance No. 2002-_ Page 10 Section 11 Removal Of Privately.owned News:racks:/Enforcement All privately owned news racks not located within a Newsrack Portico and which in whole or in part rest upon, in, or over any public sidewalk, right-of-way, or parkway pursuant to a permit previously issued by the City shall be removed by the owner by no later than ninety (90) days after the effective date of this Ordinance. Section 12 Penalty, Each violation of this Ordinance shall subject the newsrack owner or Distributor to a fine of $500.00 or imprisonment in the county jailor both. Each day that a violation continues shall be deemed a separate violation. Nothing herein shall prohibit the City from enforcing its Code by any other means including, but not limited to, any enforcement provisions provided in Chapter 162, Florida Statutes, or a civil action for appropriate relief in a court of competent jurisdiction. Section 13. Severahility. 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 14 Inclmoion in the Code It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be 10 Ordinance No. 2002-_ Page 11 renumbered or relettered to accomplish such intention: and that the word "Ordinance" shall be changed to "Section" or other appropriate word. SAr.tion 15. EffAr.tivA DatA. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED AND ADOPTED on first reading this 3'd day of September, 2002. 11 Ordinance No. 2002-_ Page 12 PASSED AND ADOPTED on second reading this 1st day of October, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 12 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, City TO: City Commission BY: Joanne Carr, Senior DATE: June 17,2002 SUBJECT: Amendment to Section 31-21 to amend definitions in the City's Land Development Regulations (02-LDR-02) July 2, 2002 Local Planning Agency Agenda Item J./ft July 2, 2002 City Commission Meeting Agenda Item fJ B September 3, 2002 City Commission Meeting Agenda Item .1tL RECOMMENDATION It is recommended that the City Commission: 1. Approve an amendment to the preamble to Section 31-21- to further clarify the purpose of this section. 2. Approve an amendment to the definition of "hoter' in the City's Land Development Regulations. 3. Approve an amendment to include the definition of "multi-family residential dwelling" in the City's Land Development Regulations. 4. Approve an amendment to the definition of "residence or residential use" in the City's Land Development Regulations. The ordinance has been amended to reflect Commission's concerns expressed at the June 13, 2002 workshop meeting. THE REQUEST City staff is requesting amendments to Section 31-21 of the City's Land Development Regulations to clarify the purpose in the preamble to the section, to change the definition of "hoter', to change the definition of "residence or residential use" and to add the definition of "multi-family residential dwelling". ANALYSIS Standards for reviewing proposed amendments to the text of the LDR: 1. The proposed amendment is legally required. The proposed amendments improve the administration or execution of the development process in that it clarifies language and definitions. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LOR. The proposed amendments are consistent with the authority and purpose of the Land Development Regulations. 4. The proposed amendment furthers the orderly development of the City. The proposed amendments further the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendments improve the administration 6r execution of the development process in that it clarifies language and definitions. . Description/Background of Proposed Amendments 1: 1. Sec. 31-21. Definitions. (see Exhibit #1) [For the purposes of this chapter, the following words, terms and phrases shall have the meanings herein set out.] When these definitions include restrictions. conditions or limitations. such restrictions. conditions or limitations shall be subject to enforcement upon the same basis as other provisions of these Land Development Requlations. 1 Underlined provisions constitute proposed additions to existing text: €tricksR thro~!lh provisions indicate proposed deletions from existing text. The proposed amendment is required to clarify the purpose of Section 31-21 of the City's Land Oevelopment Regulations. 2. Section 31-21. Definitions. (see Exhibit #2) Hotel shall mean a commercial establishment which provides temporary overnight sleeping accommodations for the qeneral public. No more than five (5) percent of the individual hotel units shall be occupied for more than ninety (90) continuous days by the same occupant of the hotel unit (the "Duration of Stav Restriction"). It shall constitute a violation of this Duration of Stav Restriction to allow anv person to attempt to circumvent this provision bv: relocatinq to another unit in the same hotel: or bv allowinq a person to temporarilv check out of the hotel and subsequentlv re-reqister or check back into the hotel for such purpose. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Other tvpical hotel services must be provided includinq dailv linen and maid service. and receipt and disbursement of kevs and mail bv the attendant at the desk in the lobby. for the occupants of the hotel. No hotel facility shall be converted to or used as a multi-family residential dwellinq. Compliance with the restrictions. conditions or limitations set forth in this definition. shall be certified bv the licensee at the time of issuance and renewal of the applicable City occupational license. The proposed amendment is required to provide clarification of the definition of hotel within the City's Land Oevelopment Regulations. 3. Section 31-21. Definitions. Multi-Familv residential dwellina shall mean any qroup of more than four (4) dwellinq units occupyinq a sinqle buildinq site. composed of one (1) or more buildinqs. The proposed amendment is required to provide a dfffinition of multi-family residential dwelling in the City's Land Oevelopment RegulCItions. 4. Section 31-21. Definitions. (see Exhibit #3) Residence or residential use shall mean used or intended for use exclusively for dwelling purposes, including apartment hotels, as applied to any lot, plat, plot, parcel, tract, area or building, but not including hotel rooms. The proposed amendment is required to clarify the definition of residence or residential use in the City's Land Oevelopment Regulations. ,N_ ~ 31-4 AVENTURA CODE (2) Recording amendments to the Zoning Map. Within a reasonable period of time after any amendment to the Zoning Map, the change shall be posted on the Zoning Map. (Ord. No. 99-09, 9 I(Em. A., 9 104), 7-13-99) Editor's note-Ord. No. 99-10, 99 2-4, adopted June 15, 1999, provided as follows: Section 2. Adoption of Zoning Map. That the Zoning Map attached as Exhibit "A" [of Ord. No. 99-10] is adopted as the official zoning map of the City of Aventura, and that all property within the City is hereby rezoned in accordance with the Zoning Map. Repeal of Zoning Map and Designations. That the Zoning Map that was adopted by Section 8.03 of the City Charter (the Miami-Dade County Zoning Map), along with any amendments thereto, is hereby repealed and replaced as of the effective date of this Ordinance. Section 4. Conflicts. That all ordinances and parts of ordinance in conflict herewith are hereby repealed insofar as they are inconsistent or in conflict with the provisions of this ordinance or the Land Development Regulations, and the Land Development Regulations shall replace the provisions of the Miami-Dade County Zoning Code to the fullest extent allowed by law. However, the repeal of ordinances and the replacement of the Miami-Dade County Zoning Code shall not affect any offense or act committed or done or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this ordinance. Sees. 31-5-31-20. Reserved. ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION See. 31-21. Definitions. ~ [For the purposes of this chapter, the following words, terms and phrases shall have the JIIIIl"""" meanings herein set out.] Accessory use or accessory building shall mean a use of land 'or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. Addition (to an existing building) shall mean any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls shall constitute new construction. Adult use shall mean any place in which a principal use is the exchange-for consideration in any form, monetary or otherwise, for profit or not,-for-profit-of materials or exhibitions, including but not limited to, books, magazines, photographs, performances, videotapes, electronic media, or movies, which have as their dominant theme matters depicting, describ- ing, demonstrating or relating to completely or to opaquely covered human genitals or pubic regions, buttocks, or female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or which have as their dominant theme matters depicting, describing, demonstrating or relating Supp. No.4 EXHiBIT #1 02-LDR-02 ~,,';..~" LAND DEVELOPMENT REGULATIONS ~ 31-21 Home occupation shall mean a business or occupation conducted for limited business activities in a residential district. Hospital shall mean a medical facility which provides for both inpatient and outpatient treatment and has overnight accommodations, wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists or any other such profession, which may lawfully be practiced in the State of Florida. ~ Hotel shall mean a commercial establishment which provides overnight sleeping accommo- dations for the public. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Land shall mean the earth, at or below the surface, that lies above mean high water for water bodies. Land use shall mean: ""'~~ (1) The development that has occurred on land; or (2) The development that is proposed on land; or (3) A use that is permitted or permissible on the land under the Plan, or element or portion thereof, or LDRs. Light industrial use shall mean an industrial use for the manufacture, fabricating, processing, converting, warehousing, distribution, wholesaling, altering and assembling of products, repairing, packaging or treatment of goods, the nature of which is that it will not cause or result in; dissemination of dust, smoke, noxious gas, fumes, odor, noise, vibration, or excessive light beyond the boundaries of the lot on which the use is conducted; menace by reason of fire, explosion, or other physical hazards; harmful discharge of waste materials including hazardous materials; or unusual traffic hazards or congestion due to type or amount of vehicles required by or attracted to the use. Local planning agency (LPAJ in accordance with Ordinance 96-27 of the City of Aventura, the City Commission has been designated as the Local Planning Agency for the City pursuant to F.S. 9 163.3174. Lot shall mean a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. A lot has an assigned number, letter or other name through which it may be identified. ,- Lot of record shall mean either a lot or contiguous lots which exist, under single ownership at the time of adoption of this chapter, and which are part of a subdivision, the plat of which has been recorded in the Public Records of Miami-Dade County; or any parcel ofland not part of a subdivision, that has been officially recorded by deed in the Public Records of Miami-Dade County; provided that the deed for the lot or parcel was recorded prior to the effective date of zoning in the area where the lot is located. Supp. No.4 EXf-flBfT #2 02-1 nFL.~n? 9 31-21 AVENTURA CODE Plot. See Lot. Principal building shall mean a building which is occupied by, and devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building. In determining whether a building is of primary importance, the use of the entire parcel shall be considered. There may be more than one principal building on a parcel. Pub. See Restaurant. ~~. Public buildings and uses shall mean office and service buildings, uses, or facilities owned or operated by a governmental agency. Public utility shall mean any publicly owned, franchised or regulated facility for rendering electrical, gas, communications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal and fire protection to the general public. Recreational vehicle shall mean a vehicle or portable structure built on a chassis, without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for travel, recreation, or vacation use, including but not limited to, travel trailers, truck campers, camping trailers, and motor homes. Rehabilitation centers shall mean any facility for the treatment and rehabilitation of drug dependents as defined in F.S. ch. 397. Religious facility shall mean any church, synagogue, denominational or ecclesiastical organization having an established place for worship in the City at which nonprofit religious services and activities are regularly conducted. ~ Residence or residential use shall mean used or intended for use exclusively for dwelling purposes, including apartment hotels, as applied to any lot, plat, plot, parcel, tract, area or building, but not including hotel rooms. Restaurant shall mean a commercial establishment where food and beverages are primarily ordered from individual menus, served at tables, and consumed on premises. . - Retail shall mean establishments engaged in selling goods or merchandise directly to the ultiniate consumer for personal or household consumption and rendering services incidental to the sale of such goods. Establishments primarily engaged in providing services as opposed to products to individuals shall also be considered a retail use. Right-of-way shall mean all land dedicated for public transportation, whether public or private. Road capacity shall mean the maximum number of vehicles which can pass over a given section of a roadway, during a given time period under prevailing traffic conditions as defined in the current version of the Highway Capacity Manual. ,- Sale shall mean the exchange of a good, service, product or other item for consideration, regardless of the form that consideration takes. Satellite dish. See Antenna dish. Supp. No.4 EXHiBIT #3 02-LDR-02 ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO SPECIFY THE ENFORCEABILITY OF RESTRICTIONS, LIMITATIONS OR CONDITIONS INCLUDED IN ALL DEFINITIONS; AMENDING THE DEFINITION OF "HOTEL," AND CREATING RESTRICTIONS, LIMITATIONS OR CONDITIONS CONCERNING HOTELS; AMENDING DEFINITION OF "RESIDENCE OR RESIDENTIAL USE," CREATING DEFINITION FOR "MULTI-FAMILY RESIDENTIAL DWELLING;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to provide additional restrictions and text and to clarify Section 31-21 of the Code; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the application pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS. the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the legislative action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Code Amended. That Section 31-21 "Definitions" of the City's Land Development Regulations is herebr amended so as to provide for clarification and amendment of definitions, as follows: 1 Underlined provisions constitute proposed additions to existing text; .!fie"e. Ibfaugh provisions indicate proposed deletions from existing text. Ordinance No. 2002 - Page 2 Sec. 31-21. Definitions. For the purposes of this Chapter, the following words, terms and phrases shall have the meaning herein set out. When these definitions include restrictions. conditions or limitations. such restrictions. conditions or limitations shall be subject to enforcement upon the same basis as other provisions of these Land Development Requlations. Hotel shall mean a commercial establishment which provides temporary overnight sleeping accommodations for the qeneral public. No more than five (5) percent of the individual hotel units shall be occupied for more than ninety (90) continuous days by the same occupant of the hotel unit (the "Duration of Stay Restriction"). It shall constitute a violation of this Duration of Stay Restriction to allow anv person to attempt to circumvent this provision bv: relocatinq to another unit in the same hotel; or by allowinq a person to temporarily check out of the hotel and subseauently re-reaister or check back into the hotel for such purpose. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Other typical hotel services must be offered includinq daily linen and maid service. and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office. for the occupants of the hotel. No hotel facility shall be converted to or used as a multi- familv residential dwellinq. Compliance with the restrictions. conditions or limitations set forth in this definition. shall be certified by the licensee at the time of issuance and renewal of the applicable City occupational license. Multi-familv residential dwellina shall mean any qroup of more than four (4) dwellinq units occupyinq a sinqle buildinq site. composed of one (1) or more buildinas. Residence or residential use shall mean used or intended for use exclusively for dwelling purposes, iRSlllEliRfj apartmeRt t-letels, as applied to any lot, plat, plot, parcel, tract, area or building, but not including hotel rooms. Section 2. 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 3. Inclusion in the Code. It is the intention of the City Commission, and Ordinance No. 2002 - Page 3 it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Penalty. Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall also be subject to enforcement under the Local Govemment Code Enforcement Act, Chapter 162, F.S., as amended, and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Commissioner Cohen and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Manny Grossman yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Jeffrey M. Perlow yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow Ordinance No. 2002 - Page 4 PASSED on first reading this 2nd day of July, 2002. PASSED AND ADOPTED on second reading this 33rd day of September, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: City Commission h Eric M. Soroka, City C,;(ager Joanne Carr, Senior Plan BY: DATE: June 21, 2002 SUBJECT: Amendment to Section 31-145 to allow additional conditional uses in the Town Center (TC 1) Zoning District (04-LDR-02) July 2,2002 Local Planning Agency Agenda Item LIB July 2, 2002 City Commission Meeting Agenda Item q V September 3, 2002 City Commission Meeting Agenda Item ft RECOMMENDATION It is recommended that the City Commission approve the amendment to Section 31-145 of the City's Land Development Regulations to allow additional conditional uses in the Town Center (TC1) zoning district: THE REQUEST City staff is requesting an amendment to Section 31-145(b)(3) of the City's Land Development Regulations to allow additional conditional uses to facilitate development in the Town Center (TC1) zoning district. ANALYSIS Standards for reviewing proposed amendments to the text of the LDR: 1. The proposed amendment is legally required. The proposed amendment improves the administration or execution of the development process in that it provides for clarification of and allows for additional conditional uses and performance standards. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LOR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for clarification of and allows for additional conditional uses and performance standards. Description/Background of Proposed Amendments 1: 1. Sec. 31-145. Town Center Zoning Districts (b) Town Center District (TC1) (see Exhibit #1) (3) Conditional Uses Permitted. The following uses may be established if first approved as a conditional use '" a. Those uses permitted in the RMF3 District. b. Those uses permitted in the B1 District. c. Sale of alcoholic beverages for on-premises consumption except with meals. d. Uses that exceed the height limitations, including parking structures. e. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: 1 Underlined provisions constitute proposed additions to existing text; striel<sR thrG~!lh provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. 1. Be of 550 gallons capacity or less. 2. Be installed and operated under a valid permit from the Miami- Dade County Department of Environmental Resources Management. 3. Be fully screened by a masonry or concrete wall with a self- closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. 4. Be located in a manner consistent with the site development standards of the TC1 zoning district. 5. Installation of any AST shall require a building permit from the City. Application for Duilding fermit shall be accompanied by a site plan indicating the location 0 the AST relative to property lines, the primary structure served by the AST. any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. f. Floor areas that are less than the minimum floor areas required bv the provisions of 31-145(5)q hereof. q. Allocations of interior spaces other than as set forth in Section 31- 145(b)(7) hereof. h. Structured parkinq that is not incorporated into the buildinq envelope of a primary use structure. as required bv Section 31-145(9) hereof. i. Structured parkinq that can be seen from a primary use buildinq and that does not have the area of the top level landscaped andlor decorativelv paved in order to provide amenity areas for buildinq occupants. as required bv Section 31-238 of this Code. i. Drivewavs for mixed-use proiects exceedinq twenty (20) acres in size with a separation of less than 150 feet of landscaped frontaqe as lonq as it is determined. as part of site plan review that: i. that landscapinq for the total proiect site exceeds the minimum requirements of this Code. and: ii. that traffic studies indicate that a lesser distance between driveways does not constitute a safety hazard to either vehicular or pedestrian traffic. k. Off street parkinq that does not meet the requirements of Section 31-171 (b) or (d) of this Code. The proposed amendment is required to provide additional conditional uses to facilitate development in the Town Center (TC1) zoning district within the City's Land Oevelopment Regulations. ~ 31-145 ~(3) ~ .,........... AVENTURA CODE with the intent of the RMF3, Multi-Family Medium Density Residential District, with office and/or retail commercial uses allowed in the Bl, Neighborhood Business District, where the ratio of total square feet dedicated to residential and non-residential uses is between 3:1 and 1:3. b. All uses permitted in the CF District. (2) Accessory uses permitted. Permitted incidental and accessory uses shall include: a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential District, except for uses which, by their nature, would inhibit the establishment of permitted commercial activities or restrict the acceptable mixing of residential and non-residential uses. b. All uses permitted as accessory uses in the CF, Community Facilities District. c. Outdoor dining as an accessory use to a permitted restaurant or retail use. Conditional uses permitted. The following uses may be established if first approved as a conditional use: a. Those uses permitted in the RMF3 District. b. Those uses permitted in the Bl District. c. Sale of alcoholic beverages for on-premises consumption except with meals. d. Uses that exceed the height limitations. e. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: 1. Be of 550 gallons capacity or less. 2. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. 3. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. 4. Be located in a manner consistent with the site development standards of the TCl zoning district. 5. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. Supp. No.5 EXHIBIT #1 ". I i'""""i\.~ ~",...... ORDINANCE NO. 2002-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31-145 "TOWN CENTER DISTRICT (TC1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD CONDITIONAL USE REGULATIONS REGARDING MINIMUM FLOOR AREAS, ALLOCATIONS OF INTERIOR SPACE, STRUCTURED PARKING REQUIREMENTS, DRIVEWAY STANDARDS AND OFF-STREET PARKING REQUIREMENTS IN THE TC1 ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to provide additional language andlor to clarify certain sections of the Code; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the application pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA THAT: Ordinance No. 2002 - Page 2 Section 1. Paragraph (b ), "Town Center District (TC 1)" of Section 31-145 "Town Center Zoning Districts" of the City's Land Development Regulations is hereby amended as follows: 1 Sec. 31-145. Town Center Zoning Districts... (b) Town Center District (TC1). The following regulations shall apply to all TC1 Districts: (3) Conditional Uses Permitted: The following uses may be established if first approved as a conditional use: a. Those uses penmitted in the RMF3 District. b. Those uses permitted in the B1 District. c. Sale of alcoholic beverages for on-premises consumption except with meals. d. Uses that exceed the height limitations, including parking structures. e. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: 1. Be of 550 gallons capacity or less. 2. Be installed and operated under a valid penmit from the Miami-Dade County Department of Environmental Resources Management. 3. Be fully screened by a masonry or concrete wall with a self- closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. 1. Be located in a manner consistent with the site development standards of the TC1 zoning district. 5. Installation of any AST shall require a building permit from the City. Application for building penmit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other 1 Underlined provisions constitute proposed additions to existing text; MakaR through provisions indicate proposed deletions from existing text. Ordinance No. 2002 - Page 3 structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. f. Floor areas that are less than the minimum floor areas reQuired bv the provisions of 31-145(5)0 hereof. q. Allocations of interior spaces other than as set forth in Section 31- 145(b)(7) hereof. h. Structured parkinq that is not incorporated into the buildinq envelope of a primary use structure. as required bv Section 31-145(9) hereof. i. Structured parkinq that can be seen from a primary use buildinq and that does not have the area of the top level landscaped andlor decoratively paved in order to provide amenity areas for buildinq occupants. as required bv Section 31-238 of this Code. L Drivewavs for mixed-use proiects exceedinq twenty (20) acres in size with a separation of less than 150 feet of landscaped frontaqe as lonq as it is detenmined. as part of site plan review that: i. landscapinq for the total proiect site exceeds the minimum requirements of this Code. and: ii. traffic studies indicate that a lesser distance between driveways does not constitute a safetv hazard to either vehicular or pedestrian traffic. k. Off street parkinQ that does not meet the reQuirements of Section 31- 171 (b) or (d) of this Code. Section 2. 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 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a Ordinance No. 2002 - Page 4 part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on first reading. This motion was seconded by Commissioner Rogers-Libert. and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Manny Grossman yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Jeffrey M. Perlow yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice. Mayor Arthur Berger Mayor Jeffrey M. Perlow PASSED on first reading this 2nd day of July, 2002. Ordinance No. 2002 - Page 5 PASSED AND ADOPTED on second reading 3'd day of September, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT BY: Joanne Carr, Senior Planne TO: FROM: DATE: August 26,2002 SUBJECT: Second Reading of Ordinance to amend Section 31-78 of the City's Land Development Regulations to exempt a Declaration in Lieu of Unity of Title from the mandatory platting requirements of the Code. (05-LDR-02) July 2, 2002 Local Planning Agency Agenda Item 4C July 2, 2002 City Commission Meeting Agenda Item 7D September 3, 2002 City Commission Meeting Agenda Item 8C RECOMMENDATION It is recommended that the City Commission approve the amendment to Paragraph (k) of Section 31-78 of the City's Land Development Regulations to allow a Declaration in Lieu of Unity of Title as an exemption to the mandatory platting requirements of the Code. The ordinance has been revised from first reading, as requested by City Commission, to change all references from "Director of Community Development" to "City Manager". Staff has made one further revision to Paragraph 3(b) of the ordinance to clarify that no change may be made to the approved plan without the consent of the owner and the City Manager. Commission's approval is requested for this amendment. THE REQUEST City staff is requesting an amendment to Paragraph (k) of Section 31-78 of the City's Land Development Regulations to allow a Declaration in Lieu of Unity of Title as an exemption to the mandatory platting requirements of the Code. 2 ANALYSIS Standards for reviewing proposed amendments to the text of the LOR: 1. The proposed amendment is legally required. The proposed amendment improves the administration or execution of the development process in that it provides for clarification of and allows for declarations in lieu of unity of title to be exempt from the mandatory platting requirements of the Code. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the- Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LOR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for exemption of Declarations in Lieu of Unity of Title from the mandatory platting requirements of the Code. Description/Background of Proposed Amendments 1: 1. Sec. 31-78. Subdivision Plat Approval. (see Exhibit #1) (k) Modifications to recorded plats. The modifications listed in this section may be accomplished upon a finding by the CommlJnity Oo'm!opmol'lt Diroctor ~ Manaoer that the regulations of this section have otherwise been met and through the payment of any fees for the cost of processing. The following types of 1 Underlined provisions constitute proposed additions to existing text; strickeR thre~!lh provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. Italicized and strikeR tRre~!lR text indicate deletions from first reading. Double underlined text indicates additions from first reading. 3 development shall be deemed exempt and not subject to the provisions of the mandatory platting requirements of this code: (1) The dedication of land or any interest in land to any governmental agency, entity or political subdivision. (2) The division of a duplex zoned platted lot to permit individual ownership in conformance with all applicable zoning and Building Code provisions. (3) The combination of lots andlor portions of lots to create a common building site provided that the property owner presents an im.trument a unity of title or declaration in lieu thereof recordable in the public records of Miami-Dade County, Florida either: (a) identifying the boundaries of the building site and the intent to develop and convey as one site or parcel in perpetuity or so long as the proposed use exists QG. (b) where the property owner presents a declaration in lieu of a unity of title recordable in the public records of Miami-Dade County, Florida that: 4 a. Easements in the common area of each parcel for inoress to and eoress from the other parcels: b. Easements in the common area of each parcel for the passaqe and parkinq of vehicles: c. Easements in the common area of each parcel for the passaqe and accommodation of pedestrians: d. Easements for access roads across the common area of each parcel to public and private roadwavs: e. Easements for the installation. use. operation. maintenance. repair. replacement. relocation and removal of utility facilities in appropriate areas in each such parcel: f. Easements on each such parcel for construction of buildinqs and improvements in favor of each such other parcel: q. Easements upon each such parcel in favor of each adioininq parcel for the installation. use. maintenance. repair. replacement and removal of common construction improvements such as footinqs. supports and foundations: h. Easements on each parcel for attachment of buildinqs: i. Easements on each parcel for buildinq overhanqs and other overhanqs and proiections encroachinq upon such parcel from adioininq parcel such as. bv way of example. marquees. canopies. liqhts. liqhtinq devices. awninqs. winq walls and the like: i. Appropriate reservation of riqhts to qrant easements to utilitv companies: and curb cuts: k. Appropriate reservation of riqhts to road riqht-of-wavs I. Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated rinq roads and access roads: and m. Appropriate aqreements between the owners of the several parcels as to the obliqation to maintain and repair all private roadways. parkinq facilities. common areas and common facilities and the like. These provisions or portions thereof may be waived bv the O!i-ostor City Manaoer if they are not applicable to the subiect property. The provisions of the easement and operatinq aqreement shall not be amended without prior written approval of the City Attornev. In addition. such easement and operatinq aqreement shall contain such other provisions with respect to the operation. maintenance and development of the property as to which the parties thereto may aqree or the City Manaqer may require, all to the end that althouqh the properlY may have several owners. it will be constructed. conveyed. maintained and operated in accordance with the approved site plan and in a co-ordinated and unified manner. {9 The declaration shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami~Dade County. Florida. after which they shall be extended automaticallv for successive periods of ten (10) years unless released in writinq bv the owners and the Direstor City Manaoer. actinq for and on behalf of the City of Aventura. Florida. upon the demonstration and affirmative findinq that the same is no lonqer necessarv to preserve and protect the property for the purposes herein intended. 5 {Ql Enforcement of the declaration shall be bv action at law or in equity with costs and reasonable attorney's fees to the prevailinq party. (g) No combination shall be approved where approval would allow a violation of any other provision of this chapter. (4) The division of a nonresidential zoned parcel into not more than two parcels, when the City determines that a new public right-of-way or parcel access is not required. In this instance, the Community Development Department and Engineering Division may require that any or all of the following items be provided and approved: a. Current survey. b. Sketch plat. c. Master parking plan. d. Secondary access plan. e. Alley, access, drainage, utility, planting and other easements. f. Paving and drainage plan. g. Sewer and water plans. The proposed amendment is required to provide for exemption of a Oeclaration in Lieu of Unity of Title from the mandatory platting requirements of the City's Land Oevelopment Regulations. ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (k) "MODIFICATIONS TO RECORDED PLATS" OF SECTION 31-78 "SUBDIVISION PLAT APPROVAL" OF THE CITY'S LAND DEVELOPMENT REGULATIONS REGARDING SUBDIVISION REQUIREMENTS AND EXCEPTIONS BY PROVIDING FOR DECLARATIONS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to provide additional language and/or to clarify certain sections of the Code; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the application pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Paragraph (k) "Modifications to Recorded Plats. of Section 31-78 "Subdivision Plat Approval" of the City's Land Development Regulations is hereby amended as follows 1: Sec. 31.78. Subdivision plat approval. (k) Modifications to recorded plats. The modifications listed in this section may be accomplished upon a finding by the Community Oo'/o!opmoRt Oirostor ~ Manaaer that the regulations of this section have otherwise been met and through the payment of any fees for the cost of processing. The following types of development shall be deemed exempt and not subject to the provisions of the mandatory platting requirements of this code: (1) The dedication of land or any interest in land to any governmental agency, entity or political subdivision. (2) The division of a duplex zoned platted lot to permit individual ownership in conformance with all applicable zoning and Building Code provisions. (3) The combination of lots and/or portions of lots to create a common building site provided that the property owner presents an instrument a unitv of title or declaration in lieu thereof recordable in the public records of Miami-Dade County, Florida either: (a) identifying the boundaries of the building site and the intent to develop and convey as one site or parcel in perpetuity or so long as the proposed use exists; or (b) where the property owner presents a declaration in lieu of a unity of title recordable in the public records of Miami-Dade County. Florida that: (i) identifies the boundaries of the buildinq site: (ii) provides that the subiect site will be developed in accordance with the approved site plan and that no maior &!to fJ.1::m re'lis!on modification shall be effectuated without the written consent of the then owner(s) of the phase or portion of the property for which modification is souqht. and the Dir-estor ef Commllnit'l Oo\'olopmont City Manaqer of the Citv of Aventura. fJre'.'.Jdod that tho Oimstor determines that the proposes meeifk>ation does not sonstftwte a maior sit-o fJkm fCJ\'is!on as set forth in tho Cit'/s Land DO'lf)!opmont Reall.latiOns. The Citv Manaaer's aDProval determination shall be made Dursuant to Section 31- 1 Underlined provisions constitute proposed additions to the existing text; striskeA tRre~!lh provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. !taliei:l9d and slris.~en Il1rG!lfll1 provisions are deletions from first reading. Double underlined provisions are additions from first reading. 79m of the City's Land Develooment Reaulations. Should the Di.-estor City Manaaer withhold such approval, the then owner(s) of the phase or portion of the prooertv for which modification is souqht shall be permitted to seek such modification bv application to modify the plan or covenant at public hearing before the City Commission: Oil) if the subiect property will be developed in phases. that each phase will be developed '....itholJt :3 maio.- site f)lan '-f)~'ision in accordance with the aoproved plan. except as otherwise modified pursuant to Section 31- 78(k)(3)(b)(ii) hereof; Ov) in the event of multiple ownerships subsequent to site plan approval, that each of the subsequent owners shall be bound bv the terms. provisions and conditions of the declaration in lieu of unity of title. The owner shall further aqree that he or she will not convey portions of the subiect property to such other parties unless and until the owner and such other party (parties) shall have executed and mutuallv delivered. in recordable form. an instrument to be known as an "easement and operatinq aqreement" which shall contain. amonq other thinqs: a. Easements in the common area of each parcel for inqress to and eqress from the other parcels: b. Easements in the common area of each parcel for the passaqe and parkinq of vehicles: c. Easements in the common area of each parcel for the passaqe and accommodation of pedestrians: d. Easements for access roads across the common area of each parcel to public and private roadways: e. Easements for the installation. use. operation. maintenance. repair. replacement. relocation and removal of utility facilities in appropriate areas in each such parcel: f. Easements on each such parcel for construction of buildinqs and improvements in favor of each such other parcel: q. Easements upon each such parcel in favor of each adioininq parcel for the installation. use. maintenance. repair. replacement and removal of common construction improvements such as footinqs. supports and foundations: h. Easements on each parcel for attachment of buildinqs: i. Easements on each parcel for buildinq overhanqs and other overhanqs and proiections encroachinq upon such parcel from adioininq parcel such as. bv way of example. marquees. canopies. Iiqhts. liqhtinq devices. awninqs. winq walls and the like: i. Appropriate reservation of riqhts to qrant easements to utilitv companies; k. and curb cuts: Appropriate reservation of riqhts to road riqht-of-wavs I. Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private rinq roads and access roads: and m. Appropriate aqreements between the owners of the several parcels as to the obliqation to maintain and repair all private roadwavs. parkinq facilities. common areas and common facilities and the like. These provisions or portions thereof may be waived by the Director ~ity Manaaer if thev are not applicable to the subiect property. The provisions of t e easement and operatinq aqreement shall not be amended without prior written approval of the Office of the City Attorney. In addition. such easement and operatinq aqreement shall contain such other provisions with respect to the operation. maintenance and development of the property as to which the parties thereto may aqree or the City Manaqer may require. all to the end that althouqh the property may have several owners. it will be constructed. conveyed. maintained and operated in accordance with the approved site plan and in a coordinated and unified manner. (c) The declaration shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami-Dade County. Florida. after which time they shall be extended automatically for successive periods of ten (10) years unless released in writinq by the owners and the O!rostor City M~naqer. actinq for and on behalf of the City of Aventura. Florida. upon the demonstration and affirmative findinq that the same is no lonqer necessary to preserve and protect the property for the purposes herein intended. (d) Enforcement of the declaration shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailinq party. (e) No combination shall be approved where approval would allow a violation of any other provision of this chapter. (4) The division of a non-residential zoned parcel into not more than two parcels, when the City determines that a new public right-of-way or parcel access is not required. In this instance, the Community Development Department and Engineering Division may require that any or all of the following items be provided and approved: a. Current survey b. Sketch plat c. Master parking plan d. Secondary access plan e. Alley, access, drainage, utility, planting and other easements f. Paving and drainage plan g. Sewer and water plans. Section 2. Severability. The provisions of this Ordinance are declar~d 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 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow PASSED on first reading this 2nd day of July, 2002. PASSED AND ADOPTED on second reading this 3rd day of September 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of ,2002. CITY CLERK . , MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Rorida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who 011 oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade Co.unty, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING - 9/3/02 RE: APPLICATION NUMBER: 01.MTC-00 REV in the XXXX Court. was published in said newspaper in the issues of 08/23/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has her~tofore been continuously published in said Miami-Dade County, Flonda. each day (except Saturday. Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commiSSion or refund for the purpose of secun~9~~vertlse or publication In the said new,pop2.a ~ (SEAL) O.V. FERBEYRE pers .\i;M~~';~~';~~Z;;;.~~~T:;"'~::ll^ 'J~ :.,..' " '.1.'~ ~'YCf'\I","":.':('r" ,.(', :If}.,,'t,; ItJ.j~L7.};I ,: EX'P\~;~S':'~:;',,;,.;h'~:"~;OCi~\~ . 1 ~;);{~.,?~\(j.t,;- ~"ndcd ThfU N~~'l~' r';'~:",; 1!;da~w~,i~r5 L"'"'~''''' . . .-" -. ~':-Pl~~I~' n...dr~' Dataand . . . PuI>IIc 1\OorIntI; " Jaeed8Y. Septeinber03,l!OO2 It.OO 1I'm. '~IffIli~ TheRelaledG_OfF\orf<la/01.MT~ '. ..";.,,~~, .>. . REV " . . ;ApPnc.II\R'~., ,i:c..~::'~=~~=~ '"h.c''!!c ". itIed 10 confinn 1118 VllIld\y of 1118 mUlti-ten. l~:f'\i~~~.;7:~. -", fil~.~; (.,~ ,*U!llQflmemanctde-..oIUoI. of a x' PortIOn of tile exIIIIng 'jllaza by tile appIl. . :~~")4,'ij ::i~ =OIlIU~, '. , . ~Deoc~:' : '18741 B10cayne BouleVard PJ/lTIlIClSAandBanQallOfTractC, Regl. 'naSqua/8 ~ a\blnling 101118 plat tile""". :asllll#ill<i ill Book 113. Page 27. ' .;~',. =~~ Il!<;Olds or M1ani- ~ '" !.,..,-.t;.. ',' .. S1D!iI~~' j!ll.2acres '''',. ." ~ 818il1i....~~lIa"'""**'cluIliii\ilgula1~hou..ln 1118 CIty 01 AII!I6Iura ~ center, CommunIty Devetopmant De- . . .i9l;!\!q_ ~ CIUIl'~: ~_; 33180. ~ iii ~ at or. tt\8.PubIlC HeatfnO:",.appIicaIlon may change cMthg tI1e ha8Ilng ~."" 1~~:=~=~~~~=' ments may be made In person at tI1e ha8Ilng or 1IIelI1n~ prior to tile . hearing dale. Rater to awIf<:8t1I/ProPrIy on..."efpili\clenca.and mall. same 10 City of Avantura GovamrilanI Center. ~ DevaJopmenl DeP\lrtmon~ Aveniul8. Florida, 33i8O. Forfurtharlntliltnailon. plaasecall (305)466-8940. .. . in accordlnce wlIlI1I18 ArnOI\CIns with ~OI tt90.lIIl per- . Sons who 818 disabled and who nead spacialacconrnodatlonS to parllcI- pata In lhISjiIoca<ldng1leC QI'lha1 dIsaI1IIty atjqU1ll- tile 0fIlca of 1heClly.CIer\!.Q05)~; notlatarlhantwo~(laysprlorIO, suc:llp~,".- .. . ~:na=~t"~rr~:~'~":e~:-or=:~, person will nead al8lXl!ll 011118 proc:aedIngs !"d, for such purposa, may need to anlltillt thaI_""""tim recon! of lhe proc:aedIngs is ma(la. which recorllliH:lUdesIhe \aSli1T1Olly and evtdenca UpQI'l wIlIc:II Iha appaaIis to be basad. . 1&'23 Teresa M. SOrolal. CMC. City CIerI< . 02-3-5112919OOM . , MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared a.v. FERBEYRE" who on oath says that he or she is the SU~ERVISOk: La,gal N,otices of the MiamI Daily BUSIness ReView flk/a ~Iaml ReView, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade C~unty. Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the mattsr of CITY OF AVENTURA.. PUBLIC HEARING 9/3/2002 RE: THE RELATED GROUP OF FLORIDAlOS-CU-02 in thEJ XXXX Court was published in said newspaper in the issues of 08/23/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) . ana has been entered as second class mail matter at the post offi~e in Miami in said Miami-Dade County, Florida, for a penod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she h~s neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of secunz:eg ;111 dvertlse r publication tn the said newspaoer. U& (SEAL) r:::~,::"Y:f;":< ~~~~;~~~~~-~':':'!.-~\. ~~oMHe:OMi'i::StJ:Jt,i # CC 8856.10 ~"";..A,;~~j EXpnES: ~i:;~rch 4, 2~04 J ..!J..:....:(f-;,' i:lont!'\(j'nr\J~t':l!ar/Flib!rcU'i,J<:r.~ht:;;fS 'F,.P.fi.~"" ~'''_'_'' - O.V. FERBEYRE person ":... 'crr,'liDWlmJIii . .W" -~OPt:'1hLUC". .Ilia. 0...' 1IlCf'nm* OJ PubliC Hndnil: .. .,,.;. Seplembero:i;2OQ2 r ll:00'\>:m. ,_' '.. APf1IIC~Jlf1'.'~~~IL,",e RIIl8ied~~~lll5;OOO2P . APPl!c;a. . nt Req_ '.".-~ l:~ .~. .. g~fi' toIfowIllll o .. .... . .' p. ." .. apprOvlIIlOpelIrit111io1lll' - i.',.,:=.. ' .~ 10,""-. 1 olll18 T",,",. Cfnte,.,. ~."':,;.";._..-,.,,. -.,rJIIIt' '. . 11_, .,'~'''_ ,. ,-,;'.....:.~ .' -",.;' , ......i--..... ,,; "III ~wtlh1he__wtlhoi...,.... id ol1~,811 per' '_who ...llIllIllIecIlII1d __ apociII_..,..dodiO/I8 toJlllI!iCi- ~"'..l:I'hboco1-"'_~_'ClII'IIllOUheOlllce el1heC!IJGI!rII;,__1.1llII'-1hen- buainoIa", pdllo:tolUCt1 ~~~~. ' If. _ de<:ldeU,nppe81 any_.- by the City CommIs. sion with ........,II>8"y _ __ .. ..meeting or hOartrig. that . _ wi. _ . .- olthe plC ,., JI ... and.1or IUCt1 purpose, may ; .- to enaur8 _. verbatim _01 the ~ngs Ia made. Which . record Includes the testimony and evidence upon Which the appe8Ila to ' ,bR_. 8123 TBnlBBM. Sotoka, CMO;CItyCler!! .....~^~ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.v. FERBEYRE. who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING - 9/3/02 RE: APPLICATION NUMBER: 10-SV-99 in the XXXX Court, was published in said newspaper in the issues of 08/23/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securin~thi dvertise or publication in the said newspaper. ue.. (SEAL) .~';!,:~'~~:?":'-~c:~~~,"~'.:!':3''':~.~ .".;wt':'N~?~... M,c..F';iA l. ~,'::SA ! ''''X, """~'.~~""'<'-"""--W,'~O ;ill " ~r'''lVme,''J",.)",L',~"" ,A, t\"e',"-' ~;_.. '{~f..~ EXPI1T::S: Ma,:sr: 4, ;2004 '.Ii l~' ~,~t; BoM':l~ Thf~1 !'i(>...ry f'ubhc UnC:illWrr:N~ ,,,"','' .. ,- a.v. FERBEYRE pers arft'..aw......... ' ..~...... ~........ DltlI ond TImo of PUblic 1le!Irlng: Tuesday, Septembllr03, 2002 8:<IO.9A, . ',d.>', , ~c' ~onOl$ubleOt. ;" ~ "Ii. ,2875NEi91 SlI88l(turnllerryPIaza). ..... .DI.~riPuon: ~:t=.~~~ SeclIoII3, TownsIJiIl,li2,$ou11i, ,Range 42' East, Miaml-Dado Cotr>ty, Florida. lying =oJ.:'':~~=~ 35.00leotthenlolfO(right-ol.....ypurpooes. , SIZI of SIlbjecI......rty: Approximately 3.89 acres 'Plans are on fu&ond may be"-"l1l!dd~ ~~houlll in' lI1e C~y 01 Avenwra~1 CaniJ!r, ~l:'l" ~19Pnent De- ~I. ,19200 WeatCqunuy~ lirlvIp. ~~ 33180. Plans may be ~ at or bolo,,! Ilia P!Iilk; H8arIilg.1baapplicallon' "1"y c:haI1ga durlog,fha hearingjllll!:8lll. The Public Hearing wiN be hakil!l!:Jty of "..........~ Cen-\ """, 19200 \VMI Country Club DrIve, A.........., FIoItlIio ~.. Your, ""rrments may bemade in~atll1e~..1iI1Iti....... prior 10 I tllahelriOll......R8Ierto~1I!t""".".n'.ondmail , same 10 CIty 01 Av8l1lurll GcNommant ~'C<IIlmunlly ~f [)op8l!monI. A_. Florida. $3180. Forf_In~. pleUecall (305) 466-8940. , In alXOroan:~~", ",. . with 01, oabII, itie, S Act 01,1990, all per. SOI'I&whoalll . 'l18&ll~aa:ommodationIlopartlci. ~8.Jil.lhls~oI:lhatdlsabllliyshol.lld CQlltadthe Office, '(li t~CIty CIerk,~,ilOt_1han two_so doya prio< to such ~..-.j'-.'I1~~.i"... ",'-, .- ", ',.q ...r... , ,,' "._ dIloidos to__,ony __~ bylllo City CommII- ojoiIwilh ~ any-iIffi:orelltollld al a-ung or I18arine.that peIIOII will ~ lllGO'llo!e!Il!~nga8!!CI. forl.mp_, may,. '118&lllO ._thal.. ~m /8!XIId 01 the p~.lo mads. which J~ Incilldes the testImonY 8Ild evidance UflOI'! whIch.the.......1s to , be basad. ~ W4... Te_II.$olOka. QIIO. City CIaII< . Q2~5l!I291902I1' MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami.Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.v. FERBEYRE. wIlo 011 oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review flk/a ~iami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade C~unty, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING - 9/3/02 RE: APPLICANT: DAVID MENDAL- APPLICATION NO. 06-VAR-02 in the XXXX Court was published in said newspaper in the issues of 08/23/2002 3 (SEAL) O.V. FERBEYRE :_ '.' '~.c..~,""",.~~"""."~ r~;:~~;~;~~~'; ;:;:i.\ IV".")' I'" t? )~ .{~;. MY em.,,'.!I' ~:;;'"\':'d~" ;\r~'~",~ W;:1.; ft'"L' ~ ,=,,\:;.or"', k,,",,'I, <., ~'.'-' l0:~i~~~;,~:~.,:;;,:,,,~~,',~~rw~~~,' CITY OF AVEIITUIIA NOTICB OF PUllLlCtIEAIIIIIG DIIa IIld TIme 01 PI/lllIc HNrIng: Tuesday, Seplembei03, ~ . 6:00 p.m. AppllCont N_umbor: David Mandai /06-VAR.()2 I AppUcont RoquooI: The AppUcont Is requesting the following: o A Variance from Sectfon 31-171(0)(7) of the CIty's WId Deve1op- ment Regulations to oIlow 0 porking setback flOm the right of Woy of , 7' where ~ 10' setbock I8:J&q<JIredby Cclde. . ,0 AVarlonce flOln Section 31-171(0)(8) oflhe City's LandD8Ye/Op- ment ReguIotions to oItow on entrance drtve measuring 21' """'" where a 24' wide drive Is required by Cclde' o A Varionce from SectIon 31-221 (1)(2) 01 the City's Land Develop- . ""!ll~to".O'~~ronthtlnorthlfmlt.o. 4' 18ndacape1iufleronlheloUtti_ondoe'J'" ~__IltlII8r.dn , Iha aaalllml1, wher8 0 7' landscape buff8ils nlqiJlJ8d'by C6d$:at6nq , the perim8ter of oU vehicular use ........ . o A Val18nCe flOlll S8clion 31-1oi4(c)(5) 01 the CIty's Land D!W8k>P" "",n1 RaguIaIIons to oItow open _ ol28-45%. wher8 33% open . . _Is required by Cclde' . , 0 A Vo_ fnlm S8clion 31-172(C)(2) of the CIty's WId Develop- ment Ragulalions to oItow a separation 01100' bel-' drtveways, where 330' ollandsCall8dll8POflltion Is required by Code. LocdoROfSUllject F~"'" 18145 Blscayne Boulevard Legal Daacrlpllon: 'UlI 9_F~~1II!ld< 1.~.the: north 5.5 _ olthe alley soulh olllld", ' C!Inlto1he_l<Il80f'~l'IaIof ; BrItoIn's AdliIIOA 1O;pju8, FjQride', ~ I 'ir!llto\he'~.~1nl!lalllQpk.l,gat I "- 24.ol the PUbllc,lle\lllrdlI'oll,liaml- , . , 0ed4> County. I ';~,; ,_ofWljaol~ O.ll638_, " Plans lUOontilllendinavlla...~~~ buIIn.ss hours In the City ol AYentunI Go\OilMlOl1IPenler. .~ QeoHIl!lpIT1IIIt 08-. :p_. 1l12OO-WlIlII Counlfy Club Do;I\!o, .AYl!nlW8. FloIjc:ta. 331 SO. Plans "",,'ba modifled at or before the Public Haarlng..The application ImaYchangeduringlhehearing ~ " Tho~ wII:"'~e1 Cjlyol~G!o-.."".ceriter. i 1,18200 West ()ounIfy C1ub QrilIa. A-...;,F1oItc!II3S1~ YO!JF c:om- ."",1llS may be madain _011\18 hoOOOgj>fflledln wrilII!Q-P/!l>f to ~ hearlng_'RUIO~90~~~' IIIllII'IIlIIOClty ol,_~ CllnIer. CqmmuIIIly...--..'-- I I,oapanmont;-'" RorIde.3lI1SO. F91:ltidherlnlorlnellon.pieas8 call 1(305)488-8840. I In aa:o_wlIh,the~s with DLeal,;lilies ~of 19SO, 011 per." ISO/ISwheara<llsallledend __.,.c:jal~.to partIcI. . pale In thIs'Pfll".ding.~ofthat ~ shllukl- theOffIca of the CItyClerk. 48O-88Oh"", later than two bI,ISiness days prior to such proceedings. U all8flOl'l ~ ....lIllPSIIlllllll decision .- by the City CommIs- sion with respecllO.., ..... considered at a meeting or hearing, that I , person wlU need 0 f8COIdof 1\18 procoednge and. lor such PUIpOSll, may', j need to _that a""'" _ ol the procaedlnga Ie made, which . . ~ ~~ and evidence upon which the -"' Is to. Iie~ .,..... . T....M.Soroka, CMC. CIty Clerk 02-3-~18fl1lM 8123 iht :!itiami Htralb ID!III!I Published Dailv MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: FRANK TOMASINO Who on oath that he is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade county, Florida; that the advertisement for City Of Aventura was published in said newspaper in the issue of: Miami Herald, local section Tuesday, July 30th ,2002. Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade, County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. '--.~ -- h-z.'C--zv/.J -, FRANK TOMASINO Sworn to and subscribed before me This 2- day of ~ I.AA C X 06t.~ ~ A.D. 2001 Lisa Ann Hernandez .~ . Li8a..Ann. Hernan.dez (bnmf!lllklnf DO 000617 . v....r.- :Feb. 11.)005 ~~ 'I'!In'. .. . Mantle BoodlD& Oo~ 1M. 3613 N.E. 163rd Street, North Miami Beach, FL 33160 >KNIGHT RIDDER) -" " 1';: @...,. ~ s~~Y' CITY OF AVENTURA NOTICE OF AMENDMENT OF CITY'S LAND DEVELOPMENT REGULATIONS In Public Notice is hereby given that the Aventura City Commission will meet in a public hearing on Tuesday, September 3, 2002 at 6:00 pm to consider final adoption of the following Ordinances on second reading: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 '''DEFINITlONS'' OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO SPECIFY THE ENFORCEA.BILITY OF RESTRICTIONS, LIMITATIONS OR CONDITIONS INCLUDED IN ALL DEFINITIONS; AMENDING THE DEFINITION OF "HOTEL," AND CREATING RESTRICTIONS, LIMITATIONS OR CONDITIONS CONCERNING HOTELS; AMENDING DEFINITION OF "RESIDENCE. OR RESIDENTIAL USE," CREATING PEFINITION FOR "MULTI-FAMILY RESIDENTIAL DWELLING;" PROVIDING' FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31-145 ~TOWN CENTER DISTRICT (TCI) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD CONDITIONAL USE REGULATIONS REGARDING MINIMUM FLOOR AREAS, ALLOCATIONS OF INTERIOR SPACE, STRUCTURED PARKING REQUIREMENTS, DRIVEWAY STANDARDS AND OFF-STREET PARKING REQUIREMENTS IN THE TCI ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. . AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (k) ~MODlFICATIONS TO RECORDED PLATS" OF SECTION 31-78 ~SUBDlVISION PLAT APPROVAL"' OF THE CITY'S LAND DEVELOPMENT REGULATIONS REGARDING SUBDIVISION REQUIREMENTS AND EXCEPTIONS BY PROVIDING FOR DECLARATIONS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. The Public Hearing will be held at City of A ventura Government Center, 19200 West Country Club Drive. A ventura, Florida, 33180. The proposed Ordinances may be inspected by the public at the Office of the City Clerk, at the Aventura Government Center. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinances.. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Clerk at (305) 466-8901 not later than two business days prior to such proceeding. Should any person decide to appeal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Teresa t'1. Soroka, CMC, City Clerk >