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05-05-1998 CC Meeting AgendaCITY OF AVENTURA COMMISSION AGENDA May 5, 1998 - 6:00 P.M. City Commission Arthur I. Snyder, Mayor Ken Cohen, Vice Mayor Arthur Berger, Commissioner Jay R. Beskin, Commissioner Harry Holzberg, Commissioner Jeffrey M. Perlow, Commissioner Patricia Rogers-Libert, Commissioner Eric M. Soroka, City Manager Teresa M. Smith, City Clerk Weiss Serota Helfman Pastoriza & Guedes, City Attorney City of Aventura Cit~ Commission Arthur L Snyder, Mayor Ken Cohen, Vice Mayor Arthur Berger Jay R. Beskin Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert Citv Manager Eric M. Soroka CitF Clerk Teresa M. Smith Cit~ Attorney Weiss Serota Helfman Pastoriza & Guedes AGENDA Commission Meeting May 5, 1998 - 6:00 P.M. Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 CALL TO ORDER~9,OLL 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 object or comment upon these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be swom before addressing the Commission, and if you wish to address the Commission, you may be subject to cross-examination. If you refuse to submit to cross-examination, the ConUmssion will not consider what you have said in its final deliberations. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE RELEASE OF PREVIOUSLY APPROVED RESOLUTION NO. 4-ZAB-134-79; APPROVING THE AUTOMOBILE AND LIGHT TRUCK, NEW SALES AGENCY OR RENTAL USE AS REQUIRED PURSUANT TO SECTION 3:}-247 OF THE MIAMI-DADE COUNTY CODE; APPROVING THE REQUESTED NON- USE VARIANCE FROM CHAPTER 3:} OF THE MIAMI-DADE COUNTY CODE REQUIRING A DECORATIVE MASONRY WALL AT LEAST May 5, 1998 Commission Meeting FIVE FEET IN HEIGHT TO ENCLOSE THE VEHICLE STORAGE AREA WHERE A PROVISION OF A PARTIAL MASONRY WALL TO THE FRONT OF THE PROPERTY ONLY IS PROPOSED; APPROVING THE REQUESTED NON-USE VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE REQUIRING A CONTINUOUS, DENSELY PLANTED GREENBELT OF NOT LESS THAN FIFTEEN FEET IN WIDTH WHERE A PROVISION OF A NINE (9) FOOT WIDE INTERRUPTED GREENBELT IS PROPOSED; APPROVING A VARIANCE FROM CITY ORDINANCE NO. 97-17 ALLOWING TWO (2) SIGNS ON A MASONRY WALL IN LIEU OF ONE (1) FREESTANDING MONUMENT SIGN, ALL WITH CONDITIONS AS OUTLINED HEREIN FOR PROPERTY LOCATED AT 17800 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LEGALLY DESCRIBED IN EXHIBIT #1 AND COMMONLY KNOWN AS "COVE OF BISCAYNE SHOPPING CENTER"; GRANTING A NON-USE VARIANCE OF SETBACK REQUIREMENTS TO WAIVE ELEVEN FEET (11') OF THE REQUIRED TWENTY FOOT (20') FRONT SETBACK WHERE A NINE FOOT (9') FRONT SETBACK IS PROPOSED (BISCAYNE BOULEVARD); GRANTING A NON-USE VARIANCE OF OPEN SPACE REQUIREMENTS TO WAIVE 1.6% OF THE REQUIRED 12.6% OPEN SPACE WHERE 11.0% OPEN SPACE IS PROPOSED; PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR ONE (1) WALL SIGN WHICH IS LARGER THAN THAT ALLOWED; APPROVING A SIGN VARIANCE FOR (1) WALL SIGN WHICH DISPLAYS SERVICES OR PRODUCTS AS OPPOSED TO THE BUSINESS NAME ("GARDEN CENTER); DENYING A SIGN VARIANCE FOR (1) WALL SIGN WHICH DISPLAYS SERVICES OR PRODUCTS AS OPPOSED TO THE BUSINESS NAME ("PHARMACY") FOR DAYTON HUDSON CORPORATION (TARGET) LOCATED AT 21265 BISCAYNE BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO APPROVE REQUEST BY MARION PRESENT MUTCHNIK FOR WAIVER FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN CITY MANAGER'S MEMORANDUM DATED APRIL 29, 1998 May 5, 1998 Commission Meeting 4. APPROVAL OF MINUTES: Commission Meeting Commission Workshop April 21, 1998 April 27, 1998 5. AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORLZING THE CITY MANAGER TO EXECUTE THE ATTACHED CABLE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY AND NARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP (CABLEVISION COMMUNICATIONS) AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. (Authorizes execution of Cable Franchise Agreement with Narragansett South Florida CATV Limited Partnership (Cablevision Communications) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR BY REVISING THE 1997/98 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. (Recognizes additional revenues and transfers funds Northeast 183rd Street Improvement Project) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 98-4-24-2, WlLLIAMS ISLAND BOULEVARD IMPROVEMENTS TO M. VlLA & ASSOCIATES, INC. AT THE BID PRICE OF $1,472,265.52 AS CONTAINED IN EXHIBIT "A"; 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. (Awards bid for Williams Island Boulevard Improvements) May 5, 1998 Commission Meeting A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 98-152-A FOR LANDSCAPE DEVELOPMENT - BISCAYNE FOUR SRS/BISCAYNE BOULEVARD FROM THE OLETA RIVER TO MIAMI GARDENS DRIVE BY AND BETWEEN THE CITY OF AVENTURA AND O'LEARY DESIGN ASSOCIATES, P.A.; AND PROVIDING AN EFFECTIVE DATE. (Authorizes execution by City Manager of Work Authorization for Landscape Beautification Improvements Design -Biscayne Boulevard from the Oleta River to Miami Gardens Drive) E. MOTION TO REMOVE PATTY ROBINSON FROM THE BEAUTIFICATION ADVISORY BOARD 8. OTHER BUSINESS: None REPORTS 10. PUBLIC COMMENTS ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: COMMISSION MEETING COMMISSION WORKSHOP* MAY 19, 1998 6 PM MAY 28, 1998 9 AM *Government Center 2999 NE 191Bt Street Suite 500 Ag~da items may be viewed at the Off]ce of the City Clerk. City of Aveatura Govenwaeat C~txter, 2999 NE 191a StreO. Suite 500. Av~tura, Florida, 33180. Anyone winkling to obtain a copy of any agoada i~n should c~atact the City Clerk at 466-8901. 4 TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission f Eric M Soroka, C~'~ ,M~/~ er Brenda Kelley, Planno~, ~ April 28, 1998 Request by Drew Wolf for Multiple Approvals associated with the proposed automobile rental business at 17800 Biscayne Boulevard. Application Number: 03-MA-97 May 5, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission (1) approve the release of previous approvals on the property; and (2) approve the automobile and light truck, new sales agency or rental use as required pursuant to Section 33-247 of the Miami-Dade County code; and (3) approve the requested non-use variance requiring a decorative masonry wall at least five feet in height to enclose the vehicle storage area; and (4) approve the requested non-use variance requiring a continuous, densely planted greenbelt of not less than fifteen feet in width; and (5) approve the requested non-use variance for two signs on masonry wall, all with conditions as outlined herein. THE REQUEST The applicant is requesting the following: 1. Release of previously approved Resolution No. 4-ZAB-134-79; and 2. Public hearing approval for automobile and light truck, new sales agency or rental as required pursuant to Section 33-247 of the Miami-Dade County code; and 3. Variance from Chapter 33 of the Miami-Dade County Code requiring a decorative masonry wall at least five (5) feet in height to enclose the vehicle storage area. (Provision of a partial masonry wall to the front of the property only is proposed); and 4. Variance from Chapter 33 of the Miami-Dade County Code requiring a continuous, densely planted greenbelt of not less than fifteen (15) feet in width. (Provision of nine (9) foot wide interrupted greenbelt is proposed); and 5. Variance from City Ordinance No. 97-17 allowing two (2) signs on a masonry wall in lieu of one (1) freestanding Monument Sign. BACKGROUND OWNER OF PROPERTY: Drew and Gretchen Wolf APPLICANT: Drew Wolf ADDRESS OFPROPERTY: 17800 Biscayne Boulevard SIZE OF PROPERTY: Approximately 0.31 acres (13,596 SF) LEGAL DESCRIPTION: Lots 11 and 12, of "Maule Federal Highway Industrial Sites", according to the Plat thereof recorded in Plat Book 46 at Page 55 of the Public Records of Dade County, Florida; less the east 33.75 feet thereof. Existing Zoning - Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: BU-2, Special Business District BU-2, Special Business District BU-2, Special Business District BU-2, Special Business District FEC Railroad Right-of-Way Existing Land Use- Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: vacant building vacant vacant retail, office and restaurant FEC Railroad Right-of-Way Future Land Use - According to the Adopted 2000 and 2010 Land Use PLan for Metro- Dade County, Florida, the following properties are currently designated as follows: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Business and Office Business and Office Business and Office FEC Railroad Right-of-Way 2 The Site - The subject site, located on the west side of Biscayne Boulevard is a rectangular shaped piece of land approximately 68 feet deep by 200 feet wide. (See Exhibit #1 for an aerial photo). (See Exhibit #2 for a location map). The Project - The applicant proposes to relocate the Interamerican Car Rental, presently conducting business at 19105 Biscayne Boulevard, to the vacant building at 17800 Biscayne Boulevard. The Florida Department of Transportation took approximately 15' off the front of the existing business location for right-of-way acquisition and the property is further being bought out to develop the block as a shopping center. Because of these factors, the applicant wishes to relocate his business to another location in the City. Approximately 34' of depth of the frontage of the proposed location has also been acquired by the Florida Department of Transportation for right-of-way. The applicant proposes to construct a parking lot with continuous curbing, install a masonry wall with security gate and install landscaping. The building existing on the site will be used as the office for Interamerican Car Rental after minor renovations and improvements. For the proposed use, the County code requires a continuous, densely planted greenbelt of not less than fifteen (15) feet in width adjacent to the front property line. Because of the minimal depth of the property (68'), the applicant has been unable to fit the 15' greenbelt, a two-way drive aisle and the existing building on the site. However, the open space or green belt area has been maximized to the furthest extent possible. The required wall breaks the total proposed 9' front buffer area into a 4' wide section and a 5' wide section. Landscaping will be planted on both sides of the wall and the wrought iron elements will allow the landscaping behind the wall to show through. Additionally, there is a 7' wide open space area within the Biscayne Boulevard right-of- way that is between the sidewalk in front and the property line. This area cannot be used to calculate the 15' wide continuous, densely planted greenbelt, since it is not part of the subject property, but visually it will appear to be part of the applicant's property and will help to give the impression of a larger buffer area. Please note that the applicant has also acquired the properties to the north and south of the subject property. As such, the applicant has voluntarily agreed to remove the existing billboard sign located to the south of this development, at this prominent location, at the most southerly entrance to the City. 3 ANALYSIS Consistency with Comprehensive Master Plan - The proposed development is not inconsistent with the Dade County Comprehensive Development Master Plan. Citizen Input: 1) Two residents from Point East visited the Community Development Department to review the application. Verbal concern was expressed over the right turn only out of the proposed development, as it will cause customers of Interamerican Car Rental to go south on Biscayne Boulevard and make a U-turn at the Point East entrance, where no U-turn is allowed. 2) No other citizen comments have been received. Review by Other Agencies: DERM - DERM has reviewed the subject application and has determined that it meets the minimum requirements of Chapter 24 of the Code of Metropolitan Dade County, Florida. Additionally, DERM has also evaluated the request insofar as the general environmental impact that may derive from it and after reviewing the available information offers no objection to its approval. Review by City Departments Landscape Architect - The City's Landscape Architect has reviewed and approved the proposed Landscape Plan. Police Department - The Police Department did not have any major items of concern regarding this application, however, it is recommended that the applicant request a Security Survey from the Police Department prior to opening of the business. Community Development Department Analysis - The Community Development Department is supportive of this project. Request #1: Release of previously approved Resolution No. 4-ZAB-134-79. In 1979 the Board of County Commissioners approved Resolution 4-ZAB-134-79 allowing a use variance on the property "to permit outdoor sales and display of boats in conjunction with boat repairing and overhauling..." Because the original request was approved through a public hearing process, such approvals must first be released or modified by public hearing prior to approval of the non-use variances associated with the development of the property for automobile and light truck rentaL 4 Request #2: Public hearin,q approval for automobile and li,qht truck, new sales a,qency or rental as required pursuant to Section 33-247 of the Miami-Dade County code. Section 33-247(4) of the Miami-Dade County code reads: (4) Automobile and light truck, new sales agency or rental shall be permitted only upon approval after public hearing and subject to the following conditions: (a) That a continuous, densely planted greenbelt of not less than fifteen (15) feet in width, penetrated only at points approved by the Director... shall be provided along all property lines abutting public rights-of-way or properties zoned residential... This item is addressed in Request #4 below. (b) That a decorative masonry wall at least five (5) feet in height shall enclose the vehicle storage area and repair area approved through public hearing .... This item is addressed in Request #3 below. (c) That all outdoor paging or speaker systems are expressly prohibited. This item is addressed in the conditions. (d) That no repair work of any type is permitted on premises unless approved after public hearing. This item is addressed in the conditions. (e) That accessory used vehicle sales shall be permitted providing said vehicles are late model and in operable condition. This item is addressed in the conditions. That the applicant obtain a certificate of use and occupancy which shall be automatically renewable yearly upon compliance with all terms and conditions applicable. All businesses are required to obtain an Occupational License yearly. Request #3: Variance from Chapter 33 of the Miami-Dade County Code requirin,q a decorative masonry wall at least five (5) feet in hei,qht to enclose the vehicle stora,qe area. (Provision of a partial masonry wall to the front of the property only is proposed). The guidelines for approval of non-use variances as required by Miami-Dade County Code Section 33-311(e)(2) requires: 5 The non-use variance maintains the basic intent and purpose of the zoning. subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. The intent of the code requirement is to screen the storage of vehicles from the general public. The applicant wishes to create a more aesthetically pleasing wall by placing some wrought iron elements within the wall, while still screening the storage of vehicles. Since the FEC right-of-way is to the rear of the property and the applicant will be leasing this right-of-way to further support his business needs, a chainlink fence will be constructed around the remainder of the property, including the leased area. Furthermore, FEC does not allow for structural elements to built on their property. The variance requested is compatible with the surrounding land uses and would not be detrimental to the community. 2. No showing of unnecessary hardship to the land is required. Request #-4: Variance from Chapter 33 of the Miami-Dade County Code requiring a continuous, densely planted greenbelt of not less than fifteen (15) feet in width. (Provision of nine (9) foot wide greenbelt is proposed). The guidelines for approval of non-use variances as required by Miami-Dade County Code Section 33-311(e)(2) requires: 1. The non-use variance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. Because of the minimal depth of the lot, there is not sufficient room to support a 15' greenbelt, a {wo.way drive aisle and the existing building. There is a 7' width of open space adjacent to the front property line of the subject property within the Biscayne Boulevard right-of-way, between the sidewalk of Biscayne Boulevard and the property line of the subject property. The applicant is proposing a total of 9' open space on the subject property, broken by the proposed wall. Even though the 7' width is not within the property, this area does help to provide a total of 16' of open space fronting on Biscayne Boulevard. The variance requested is compatible with the surrounding land uses and would not be detrimental to the community. Furthermore, the use as requested is not an intense use and greatly improves the existing conditions of the property. 6 2. No showing of unnecessary hardship to the land is required. Even though no showing of hardship is required, because of the depth of the property that FDOT has left as a remainder after taking for right, of. way, the property is very difficult to develop so as to be economically feasible and easily accessible by motor vehicles. The applicant has worked very hard to bring forth a plan that functions as to his business needs, attempts to meet all the conditions of the Code, and addresses safety issues. Request #5: Variance from City Ordinance No. 97-17 allowing two (2) si,qns on a masonry wall in lieu of one (1) freestandin,q Monument Si,qn. The criteria for approval of sign variances as required by the City of Aventura Sign Ordinance (No. 97-17) require: 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 is required. The Sign Code allows a 48 square foot maximum detached, freestanding or monument sign in non.residential districts. Because this particular application is required to have a wall around the business, pursuant to the Miami-Dade County Code, the wall would generally hide a monument sign. The two (2) signs on the wall, as proposed, lend creativity and design interest to the development and also allows passing traffic, from the north and south, to identify the business. If approved, the applicant has agreed to round the upper corners of the masonry wall sign to make the sign more aesthetically pleasing and to limit each sign, including framing, to 24 square feet for a total of 48 square feet for the two (2) signs. CONDITIONS It is recommended that the approvals requested be granted subject to the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · Site Plan, Sheet SP-1, prepared by Arc-Tech Associates Incorporated, signed ancl sealed dated 4/22/98; · Elevations and Details, Sheet SP-2, prepared by Arc-Tech Associates Incorporated, signed and sealed dated 4/22/98; 7 · Planting Plan, Sheet LA-l, prepared by Arc-Tech Associates Incorporated, signed and sealed dated 4/22/98; · Landscape Specifications and Plant List, Sheet LA-2, prepared by Arc-Tech Associates Incorporated, signed and sealed dated 4/22/98. 2. Applicant shall obtain building permits within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void and the applicant shall be required to reinstate the approval process unless the term is extended by the City Commission prior to its expiration. PROJECT SPECIFIC CONDITIONS 3. The existing billboard located on the west side of Biscayne Boulevard, south of the subject property, shall be completely removed from the property prior to issuance of building permits for the subject development. 4. A recorded easement agreement, running with the land, to allow parking on the adjacent property, shall be submitted to the City prior to issuance of building permits. Such agreement shall be approved by the City Attorney prior to recordation in the public records of Miami-Dade County, all recording costs to be borne by the applicant. 5. The applicant shall relinquish all rights to any other signs permitted by Ordinance 97-17. 6. The signage on the masonry wall shall be rounded at the top corners so as to be more aesthetically pleasing. 7. The signage on the wall shall not exceed an overall height of eight (8) feet, nor shall each of the two (2) signs, including framing, exceed a maximum size of 24 square feet. 8. All outdoor paging or speaker systems are expressly prohibited. 9. No repair work of any type will be permitted on premises. 10. Accessory used vehicle sales shall only be permitted providing said vehicles are late model and in operable condition. /staff reports/03-MA-97 Interamerican Car Rental 042898 8 EXHIBIT #1 BROWARD COUNT~' DADE COUNTY LEGEND April 22, 1998 CITY OF AVENTURA ZONING DEPARTMENT 2999 N. E. 191 St. Suite #500 Aventura, Fl. 33180 Re: Proposed Car-Leasing Facility For L.A.D. Ventures, Inc. Located at 17800 Biscayne Blvd. City of Aventura, Fl. API~ 2 ? 1998 COM[vlUN~ ':]E ,i TO whom it may concern: It is the intent of this application to relocate Interamerican Car Rental from 19105 Biscayne Blvd. to 17800 Biscayne Blvd. Interamerican Car Rental has been serving the City of Aventura on Biscayne Blvd. for over 12 years, an its reputation as a service oriented company is well regarded within the City. As part of our application we are requesting 3 variances from the City of Aventura Zoning Code Regulations which are all essential in order for our new facility to function properly while at the same time to further enhance the beautification of our great community. Our new location has confronted us with tremendous challenges in that the site itself is unusually short in depth, because of F.D.O.T. taking a substantial amount of land for the new US1 Right of Way, and we had to create a facility that is aesthetically pleasing to the eye, yet at the same time being a fully functional operation. Our fist Variance request is to allow the 5 foot required CBS block wall around the property to be modified so while it is functional as a solid wall, it is also designed with a partial integrated wrought iron picket section to create an appealing look to the eye and not to have this solid wall continuously along Biscayne Blvd. and also to give a better visibility as to egress and ingress into the property. In addition, by enclosing the wall on the West side of the property line you are restricting access to the additional storage parking we have secured from the 25 feet F.E.C. right of way. As an alternative we are requesting that the existing chain April 22, 1998 Proposed Car-Leasing Facility For L.A.D. Ventures, Inc. Located at 17800 Biscayne Blvd. Page-2 link fence remain on the F.E.C. West property line, in addition to the sections of chain link as shown on our site plan with the necessary landscape to ensure that our property within is left not totally unobstructed from the outside elements. Although you are creating the "City of Excellence," that fact does not preclude individuals from entering our facility after hours and having Carte Blanche to vandalize or steal radios, airbags, etc., from our cars without somewhat of a feeling of exposure. Our next Variance request is what the required 15 feet landscaped front setback area be reduced to 9 feet. Because of the F.D.O.T. land taking and the wall requirement we all left with minimal traffic flow and parking to make our facility fully functional. The F.D.O.T. Right of Way along the front of our property encompasses some additional 7 feet of landscaping which when incorporated into our plan will be one of the heaviest landscaped sites along Biscayne Blvd. Our final third Variance request is to incorporate into the design of the wall, two wall signs that will be situated at the North and South ends of the center section of wall at 45 degree angles that will allow drivers coming from either directions to see our facility. Without these signs our facility will look like a beautifully landscaped, walled-in question mark? As a result of the 5 feet wall around our facility and the considerable amount of landscaping our building and facility will be totally obstructed from the road. The proximity of the wall and the landscaping make it impossible to have visibility from both North and South directions with a monument sign and any signage on our building will not be visible to the road. This is probably the only situation of its kind in the City where by the businesses exposure is being intentionally shielded from its existing and potential customer. If this request were not granted it would create a tremendous hardship to our business and facility and truly limit the exposure of our business. April 22, 1998 Proposed Car-Leasing Facility For L.A.D. Ventures, Inc. Located at 17800 Biscayne Blvd. Page-3 We have put forth a tremendous amount of energy, time and expense creating a concept that will maintain the integrity you have created within the City. We feel we have created a beautiful appealing look to passers-by and hope that our plan can be a part of this most exciting and adventurous journey. Respectfully Submitted, Drew A. Wolf Owner DAQ/edt RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE RELEASE OF PREVIOUSLY APPROVED RESOLUTION NO. 4-ZAB-134-79; APPROVING THE AUTOMOBILE AND LIGHT TRUCK, NEW SALES AGENCY OR RENTAL USE AS REQUIRED PURSUANT TO SECTION 33-247 OF THE MIAMI-DADE COUNTY CODE; APPROVING THE REQUESTED NON-USE VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE REQUIRING A DECORATIVE MASONRY WALL AT LEAST FIVE FEET IN HEIGHT TO ENCLOSE THE VEHICLE STORAGE AREA WHERE A PROVISION OF A PARTIAL MASONRY WALL TO THE FRONT OF THE PROPERTY ONLY IS PROPOSED; APPROVING THE REQUESTED NON-USE VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE REQUIRING A CONTINUOUS, DENSELY PLANTED GREENBELT OF NOT LESS THAN FIFTEEN FEET IN WIDTH WHERE A PROVISION OF A NINE (9) FOOT WIDE INTERRUPTED GREENBELT IS PROPOSED; APPROVING A VARIANCE FROM CITY ORDINANCE NO. 97-17 ALLOWING TWO (2) SIGNS ON A MASONRY WALL IN LIEU OF ONE (1) FREESTANDING MONUMENT SIGN, ALL WITH CONDITIONS AS OUTLINED HEREIN FOR PROPERTY LOCATED AT 17800 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Drew Wolf, through Application No. 03-MA-97, has applied for the following: 1. Release of previously approved Resolution No. 4-ZAB-134-79; and 2. Public hearing approval for automobile and light truck, new sales agency or rental as required pursuant to Section 33-247 of the Miami-Dade County code; and Resolution No. Page 2 3. Variance from Chapter 33 of the Miami-Dade County Code requiring a decorative masonry wall at least five (5) feet in height to enclose the vehicle storage area. (Provision of a partial masonry wall to the front of the property only is proposed); and 4. Variance from Chapter 33 of the Miami-Dade County Code requiring a continuous, densely planted greenbelt of not less than fifteen (15) feet in width. (Provision of nine (9) foot wide interrupted greenbelt is proposed); and 5. Variance from City Ordinance No. 97-17 allowing two (2) signs on a masonry wall in lieu of one (1) freestanding Monument Sign on that certain property legally described as: Lots 11 and 12, of "Maule Federal Highway Industrial Sites", according to the Plat thereof recorded in Plat Book 48 at Page 55 of the Public Records of Dade County, Florida; less the east 33.75 feet thereof aka 17800 Biscayne Boulevard in Aventura, Florida WHEREAS, the Community Development Department recommends approval of these requests subject to conditions; 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. Resolution No. Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Release of previously approved Resolution No. 4-ZAB-134-79 is hereby granted. Section 2. Public hearing approval for automobile and light truck, new sales agency or rental as required pursuant to Section 33-247 of the Miami-Dade County code is hereby granted. Section 3. Variance from Chapter 33 of the Miami-Dade County Code requiring a decorative masonry wall at least five (5) feet in height to enclose the vehicle storage area where provision of a partial masonry wall to the front of the property only is proposed is hereby granted. Section 4. Variance from Chapter 33 of the Miami-Dade County Code requiring a continuous, densely planted greenbelt of not less than fifteen (15) feet in width where provision of a nine (9) foot wide interrupted greenbelt is proposed is hereby granted. Section 5. Variance from City Ordinance No. 97-17 allowing two (2) signs on a masonry wall in lieu of one (1) freestanding Monument Sign is hereby granted, all subject to each of the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · Site Plan, Sheet SP-1, prepared by Arc-Tech Associates Incorporated, signed and sealed dated 4/22/98; Resolution No. Page 4 Elevations and Details, Sheet SP-2, prepared by Arc-Tech Associates Incorporated, signed and sealed dated 4/22/98; · Planting Plan, Sheet LA-l, prepared by Arc-Tech Associates Incorporated, signed and sealed dated 4/22/98; · Landscape Specifications and Plant List, Sheet LA-2, prepared by Arc-Tech Associates Incorporated, signed and sealed dated 4/22/98. 2. Applicant shall obtain building permits within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void and the applicant shall be required to reinstate the approval process unless the term is extended by the City Commission prior to its expiration. PROJECT SPECIFIC CONDITIONS 3. The existing billboard located on the west side of Biscayne Boulevard, south of the subject property, shall be completely removed from the property prior to issuance of building permits for the subject development. 4. A recorded easement agreement, running with the land, to allow parking on the adjacent property, shall be submitted to the City prior to issuance of building permits. Such agreement shall be approved by the City Attorney prior to recordation in the public records of Miami-Dade County, all recording costs to be borne by the applicant. 5. The applicant shall relinquish all rights to any other signs permitted by Ordinance 97-17. Resolution No. Page 5 6. The signage on the masonry wall shall be rounded at the top corners so as to be more aesthetically pleasing. 7. The signage on the wall shall not exceed an overall height of eight (8) feet, nor shall each of the two (2) signs, including framing, exceed a maximum size of 24 square feet. 8. All outdoor paging or speaker systems are expressly prohibited. 9. No repair work of any type will be permitted on premises. 10. Accessory used vehicle sales shall only be permitted providing said vehicles are late model and in operable condition. Section 6. 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 T. 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder Resolution No. Page 6 PASSED AND ADOPTED this 5th day of May, 1998. ATTEST: Arthur I. Snyder, Mayor Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of ,1998. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOpMENT DEPARTMENT MEMORANDUM TO: City CommissiOici~e FROM: Eric M. Soroka, r BY: Brenda Kelley, Pl~¥nn~ DATE: April 28, 1998 SUBJECT: Pappas Properties, Inc. and Florida Department of Transportation (FDOT) request for Site Plan approval in conjunction with Non-use variances. (03-SP-98, 07-SP-98, 01-NUV-98) May 5, 1998 City Commission Meeting Agenda Item THE REQUEST This item was denied at the April 7, 1998 Commission meeting (see attached staff memorandum). In response to concerns raised by the Commission at the April 7, 1998 meeting, the applicant has modified the site plan and is requesting reconsideration of the following: 1) a non-use variance of setback requirements to waive eleven feet (11') of the required twenty foot (20') front setback where a nine foot (9') front setback is proposed (Biscayne Boulevard); and 2) a non-use variance of open space requirements to waive 1.6% of the required 12.6% open space where 11.0% open space is proposed. MODIFICATIONS TO SITE PLAN 1) Elimination of sidewalk - The applicant has eliminated the sidewalk adjacent to the west side of the Bagel Cove restaurant. Employees will instead use the public sidewalk to walk north to the kitchen entrance. The requested setback remains at nine feet (9'). 2) Increase in open space - As a result of eliminating the sidewalk, open space has increased by 210 square feet. However, a non-use variance of open space requirements is still necessary. 3) Reduction of roof overhang - The applicant proposes to cut the roof overhang by one foot (1') so that the overhang will extend only four feet (4') instead of five feet (5') from the building. 4) Reduction of retaining wall - The applicant proposes to reduce the height of the retaining wall on the north side of the property by 6 inches to 2.5 feet so that the wall will comply with clear sight visibility requirements. 5) Guardrail - The applicant has eliminated the guardrail requested by the Police Department. SITE VISIBILITY STUDY At the request of the City, the City Engineer has conducted a sight distance inspection from the driveway on the property to the north. The City Engineer has concluded that the Bagel Cove building is outside the sight triangle easement as determined by the Florida Department of Transportation (FDOT) Standard Index No. 546. RECOMMENDATION It is recommended that the City Commission approve the requests subject to the following conditions: 1) Applicant shall obtain building permits within 12 months of the date of the settlement of the eminent domain proceedings or the site plan and variances granted shall be deemed null and void. 2) Applicant shall install safety bollards at the southwest corner of the existing building where the setback variance is being requested so as to provide precautionary measures pursuant to a request by the Police Department. Such bollards shall be in a location and of a quantity as approved by the City Manager or his designee prior to issuance of building permits. 2 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LEGALLY DESCRIBED IN EXHIBIT #1 AND COMMONLY KNOWN AS "COVE OF BISCAYNE SHOPPING CENTER"; GRANTING A NON- USE VARIANCE OF SETBACK REQUIREMENTS TO WAIVE ELEVEN FEET ('11') OF THE REQUIRED TWENTY FOOT (20') FRONT SETBACK WHERE A NINE FOOT (9') FRONT SETBACK IS PROPOSED (BISCAYNE BOULEVARD); GRANTING A NON-USE VARIANCE OF OPEN SPACE REQUIREMENTS TO WAIVE '1.6% OF THE REQUIRED 12.6% OPEN SPACE WHERE 11.0% OPEN SPACE IS PROPOSED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-3, Liberal Business District and IU-1, Industrial, Light Manufacturing District; and WHEREAS, the applicants Pappas Properties, Inc. and the Florida Department of Transportation (FDOT), through Application Nos. 03-SP-98, 07-SP-98, and 01-NUV- 98 are requesting Site Plan approval in conjunction with the following non-use variances as prompted by the FDOT taking of a portion of the subject property known as "Cove of Biscayne Shopping Center:" 1) A non-use variance of setback requirements to waive eleven feet (11') of the required twenty foot (20') front setback where a nine foot (9') front setback is proposed (Biscayne Boulevard); and Resolution No. Page 2 2) A non-use variance of open space requirements to waive 1.6% of the required 12.6% open space where 11.0% open space is proposed. The site plan will supercede all previously approved site plans. WHEREAS, the requests are being made in order to cure Non-conformities created by FDOT's acquisition of a portion of the subject property; and WHEREAS, the applicants have agreed upon a cure plan for the property; and WHEREAS, the Community Development Department recommends approval of the requests subject to conditions; and WHEREAS, 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 Nos. 03-SP-98, 07-SP-98, and 01-NUV-98 requesting Site Plan approval in conjunction with the following non-use variances as prompted by the FDOT taking of a portion of the subject property known as "Cove of Biscayne Shopping Center:" Resolution No. Page 3 1) A non-use variance of setback requirements to waive eleven feet (11') of the required twenty foot (20') front setback where a nine foot (9') front setback is proposed (Biscayne Boulevard); and 2) ^ non-use variance of open space requirements to waive 1.6% of the required 12.6% open space where 11.0% open space is proposed. The site plan will supercede alt previously approved site plans. on property legally described as: SEE ATTACHED EXHIBIT #1 NK/A 18955 - 19001 BISCAYNE BOULEVARD "COVE OF BISCAYNE SHOPPING CENTER" AVENTURA, FLORIDA is hereby granted subject to each of the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · Revised Master Plan, Site Plan, Cove of Biscayne Shopping Center, Sheet S-1, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Tree Relocation/Removal Plan, Cove of Biscayne Shopping Center, Sheet L-l, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Landscape Plan, Cove of Biscayne Shopping Center, Sheet L-2, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Boundary and Improvement Survey, prepared by Keith and Schnarrs, P.A., revised dated 3/25/98. Resolution No. Page 4 PROJECT SPECIFIC CONDITIONS 1. Applicant shall obtain building permits within 12 months of the date of the settlement of the eminent domain proceedings or the site plan and variances granted shall be deemed null and void. 2. Applicant shall install safety bollards at the southwest corner of the existing building where the setback variance is being requested so as to provide precautionary measures pursuant to a request by the Police Department. Such bollards shall be in a location and of a quantity as approved by the City Manager or his designee prior to issuance of building permits. 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. Section3. 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Pedow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder Resolution No. Page 5 PASSED AND ADOPTED this 5th day of May, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of ,1998. CITY CLERK CHARLES PUTMAN & ASSOCIATES, INC. LAND DEVELOPMENT CONSULTANTS ~LANNING I ZONING I PERMITrlNG April 21, 1998 Boca Raton I (561) 994-6411 Fax I (561) 994-0447 Amy Skiles City of Aventura 2999 NE 191 Street, Suite 500 Aventura, Florida 33180 Re: COVE OF BISCAYNE SHOPPING CENTER SITE PLAN REVISION Dear Amy: Herein transmitted are twelve copies of the revised site plan package for the Cove of Biscayne Shopping Center. As I indicated in our recent phone conversation, these plans have been modified to address the concerns raised by the City Commission at the April 7, 1998 public hearing. The specific changes reflected on the plans are summarized below: ELIMINATION OF SIDE WALK: We have eliminated the sidewalk on the west side of the Bagel Cove restaurant. This will allow us to avoid any potential conflicts between that sidewalk and the expanded highway which was a concern addressed at the hearing on April 7, 1998. In addition, the elimination of this walkway will allow us to expand the landscaping area in the section of the project from four and a half feet to nine feet. e MODIFICATION OF LANDSCAPING: The elimination of the sidewalk also allows us to make modifications to the landscaping design to further address the Commissioners' concerns. Our plan now calls for moving the Cocoplum hedge back against the building and installing two tiers of liriope along the street frontage. Although the Cocoplum will be maintained at a height of 30 inches, the liriope is a low growing plant that matures at a height of 18 to 24 inches. In addition to being attractive, this plan adjustment will further guarantee that a clear site distance will be maintained along the streetcape in this area of the project. REDUCTION OF OVERHANG: Curremly, the roof line of the building extends out 5 feet from the street side wall. Our plan proposes to cut that overhang back by 1 foot. We feel that this modification will further enhance the visibility along the streetscape and will expand the distance between the roadway and the first point of the building. REDUCTION OF RETAINING WALL: Currently there is a 3 foot high retaining wall on the north side of the property that acts as a gradb separation between thc Pappas property and the property to the north. The amended plan calls for the height of this wall to be reduced by 6 inches so that the wall will be 2.5 feet high. 4722 N.W. Boca Raton Boulevard I Suite C106 I Boca Raton, Florida 33431 Although our engineering studies have confirmed that this 3 foot structure does not in any way create a visibility problem along the roadway, we feel that this reduction will further create a more open look along the Boulevard. We feel that the overall impact of the above changes will be advantageous for the following reasons: The conflicts with pedestrian movement on the west side of the building will be eliminated. More landscaping will be added along the streetscape. (Nearly twice as much as on the previous plan.) The landscape adjustments will ensure that only low growing plants will be along the street frontage to enhance visibility. The cut back of the overhang and the reduction of the retaining wall will create a more open look along the roadway. Hopefully, these plan modifications will serve to address the major concerns of the City of Aventura Commission. In addition, I am informed that the Florida DOT has undertaken a safety analysis addressing the specific concerns raised by the City Commissioner at the April 7, 1998, Public Hearing which they will be submitting directly under a separate transmittal. As a final note on this matter of site changes, I would like to underscore a concem that the Pappas family has regarding any reduction in the setback of the building itself. We have explored this option as a response to various concerns expressed by the Commissioner and concluded that no reductions would be possible without seriously impacting or even destroying the operation of the Bagel Cove restaurant. The kitchen in the restaurant is located on the western end of the building along the building wall. Even small changes of five or six feet would have such an negative impact that the restaurant would no longer be able to operate. I am also advised that the mechanicals for the building are located on the western wall and on the roof at this location. These features would be negatively impacted as well and would be very expensive to relocate. Given the above, the Pappas family is hopeful that the changes called out herein will satisfactorily address the City's concerns and allow our plans to be approved without reducing the setback of the building itself. Please call if you have any questions or would like to discuss the details of any of the above issues. Sincerely, CHARLES PUTMAN & ASSOCIATES, INC. Charles Putman SkilesLtr SitePlanRev 4-21-98.wpd SAFETY ANALYSIS COVE SHOPPING CENTER U.S. 1 - AVENTURA PROJECT NO. 15442.00.30001 INTRODUCTION After the taking by the Florida Department of Transportation (FDOT), the existing tract will consist of 2.4755 acres. Within this property exists a shopping center with 16,261 square feet of building as well as a proposed 4,000 square feet of additional retail space in the rear. The property is located immediately to the north of the Loehmann's Plaza Shopping Center on U.S. 1 and approximately 210 feet south of N.E. 191st Street in the City of Aventura. A survey of the site has been completed and has been recertified (see Exhibits la and lb). The survey indicates that the existing building will be located 9.09' from the new right-of-way line. The right-of-way line is located 10' from the edge of pavement of one of the northbound U.S. 1 lanes (see Exhibit 2). The construction currently underway by the FDOT will convert U.S. 1 into an 8,lane facility with a 'median dividing the northbound and the southbound lanes. The design of the improvement for U.S. 1 provides for a two-foot curb and gutter and an 8' sidewalk which will'provide for a 10' separation from the edge'of pavement to the right-of-way or property line. Therefore, as shown by the survey, the building which is seeking a variance will be located 19.09' from the edge of pavement or 9;09' from the right-of-way line which is the eastern edge of the 8' sidewalk. ' ' The typical section of the roadway is included as Exhibit 2 and the dimensions shown on this .typical section are in metric and need to be converted to the English System. All the distances that have been given in our survey and in this mP0rt will actually be in feet and inches. In summary, it is important to note the following dimensions: Width of Public Sidewalk - 8' Width of Curb and Gutter - 2' Distance from Edge of Pavement to Property Line - I0' Distance from Property Line (Right-of-Way Line) to Building - 9.09' Distance from Edge of Pavement to Building - 19.09' Within the 9.09', which is from the back of the sidewalk to the edge of the building, there is a 5' private sidewalk. There is ample room in this area to provide for landscaping that would not present sight distance problems for motorists traveling along U.S. I northbound. The FDOT has elected to go with a wider sidewalk, one that is 8' wide instead of the standard 5' or 6' sidewalk. This concept is one that is utilized in urban areas to avoid the requirement for maintenance of a grass strip adjacent to the edge of the lane. From a safety standpoint it is far safer to have a wider sidewalk such as the 8' sidewalk in lieu of a grass strip and a sidewalk. SAFETY ANALYSIS We have reviewed the required safety considerations as a request of the variances that are before the City of Aventura for three different areas: 1. Driver Safety (drivers on U.S. 1 driving north). 2. Pedestrians that might be utilizing the sidewalk. 3. Driveway Locations (location of driveways from a safety standpoint). In the following sections, we will now deal with each of the three areas of importance to determine the safety considerations for the variances before the City. I. DRIVERSAFETY It is important that drivers proceeding north on U.S. I have the ability to see vehicles exiting the various commercial sites and entering U.S. 1. In this case, the proposed driveway that is to be located on the north side of the Cove Shopping Center to serve'the new g~ Station/car wash needs to be located Jo that there is no problem for a motorist proceeding north at the posted and design speed which is 45mph to see someone exiting the gas station/car wash onto U.S; 1. We have prepared Exhibit 3 that shows at45mph the required distance in which a driver must be able to see another vehicle located at the driveway before entering U.S. 1. It is that distance and setback that is referred to as the sight line (the sight line is the area that needs to be available so that a driver can look north along the roadway and see clearly a vehicle that is about to leave private property). As one can see from the dimensions, based on field measurements, the existing building of the Cove Shopping Center which is the kitchen of the Bagel Cove Restaurant is located ~ of that sight line that is necessary for a driver to see northbound traffic. 2 Therefore, the building is sufficiently back from the right-of-way line so as not to present a problem from a sight distance criteria. Simply said, the building is not in the way for a driver to safely be able to see someone leaving the proposed driveway to the north. II. However, within that property located to the north of the Cove Shopping Center, some Coconut Palms have been planted that should be relocated, both for the benefit of the motorists on U.S. 1 as well as the motorists that are leaving the gas station/car wash so as to be able to clearly look south and see any oncoming traffic. The Cove Shopping Center building is not the problem, it is the location of the Coconut Palms that have been recently planted within the gas station/car wash site. Drivers proceeding north on U.S. 1 have been safely provided for and the granting of the variance ( leaving the building 19.09' from the edge of pavement or 9.09' from the right-of-way line) does not present any problem for northbound traffic using U.S. 1. PEDESTRIANS The location of the building 19.09' from the edge of pavement to the face of the building is in excess of the minimum criteria of 16' which is the standard that is utilized by the FDOT of providing a safe roadway. An 8! sidewalk in this area also affords the pedestrians a wider sidewalk and further separation from the edge of pavement than the standard 5' or 6' sidewalk. Studies were performed on Kendall Drive addressing accidents and also potential problems to pedestrians on an improvement project. The data that was utilized in this study was reviewing all the accident reports for some period of time prior to' the improvement and then for a number of years after the improvement. The study clearly shows that pedestrians within wide sidewalks are offered a safer pathway than those that are located within the 5' and 6' sidewalk areas. The Kendall Drive study shows that the number of vehicular accidents did not increase after the completion of the project even thought the existing buildings were closer to the roadway (see Exhibit 4). The width of the sidewalk in this general area provides a safe condition (see Exhibit 5) and the location of face of the building in no way adds or takes away from the width of the sidewalk that is being provided. Throughout the proposed improvements of U.S. I even with buildings located a substantially greater distance from the right- of-way line the same 8' sidewalk is being utilized throughout this whole project. From a safety standpoint, pedestrians that will be using the sidewalk have been provided a safe walkway system. 3 It is important to note that if a vehicle were to leave the travelway and go over the curb that the location of the building behind the right-of-way would in no way add or take away from any potential harm that may come to a pedestrian walking on the sidewalk. Studies have been done throughout the state (particularly in the urban areas) regarding the number of pedestrians that are struck by vehicles leaving the travelway and jumping the curb. The chances of this type of accident occurring is very remote and does not affect, in any way, the location of the building-- whether that building is set back 9' or 25'. From a safety standpoint, the existing sidewalk of 8' provides a more than adequately safe sidewalk for pedestrians, even with granting this variance. III. DRIVEWAY LOCATIONS State law requires that all vehicles entering the roadways or streets must come to a complete stop before proceeding. The FDOT has completed a review of the proposed driveways that are existing for the Cove Shopping Center and find them to be located in a safe manner and are proper based on good safety standards. The driveway immediately to the north that is proposed to serve the new gas station/car wash on the site (formerly Champion Marine) is one that has been reviewed and considered as one can see from Extfibit 3. The location of that driveway presents no problems to motorists traveling on U.S. 1 and there is no need to remove or cut back any portion of the existing building of the Cove Shopping Center so as to improve the sight distance. Therefore,-the driveways located along this project are safe. The only recommendation (see Section I) is that some Coconut Palms that have been planted within that gas station/car wash site be relocated. IV. RETAINING WALL There is an existing concrete retaining wall located right at the property line between the Cove Shopping Center and the site that was formerly Champion Marine (now a new gas station/car wash). The height of that wall has been reviewed and as one can see from Exhibit 6, the concrete wall presents no problem because of its height (see photograph, Exhibit 7). The wall clearly is not a safety problem and therefore need not be removed or modified. 4 LANDSCAPING It is important to note that the staff in reviewing the landscape plans and with particular attention to the driveways that are existing and are to be reconstructed on the Cove Shopping Center were concerned that whatever landscaping and/or vegetation that were planted would be done in such a fashion as not to create a sight distance problem at the intersections both for the motorist traveling north on U.S. 1 as well as those that would be leaving the shopping center. Exhibit 5 illustrates FDOT standards for sight distance. It is obvious that the Coconut Palms that have been planted on the north side of the Cove Shopping Center at the gas station do need to be addressed and need to be relocated within areas that are provided since there is ample green area for those palms to be located so as not to present a sight distance problem. It is even more important to note that the City of Aventura, as all cities and governmental entities, requires that any landscaping that is planted be maintained and/or replaced so as not to cause a safety problem. We have completed a review of the landscaping plans for the Cove Shopping Center that do include four palm trees within the buffer area behind the public sidewalk. Our review has concluded that the four palm trees as located will not present a sight distance problem. VI. BUILDING OVERHANG As one can see from Exhibits 5 and 8, there is a 5'.overhang of the roof line of the Cove of Bisc.~yne Shopping Center. That 5' overhang is over the 5' private sidewalk that is located adjacent to the building. The landscape plans that are proposed for the Cove Shopping Center are located in such a fashion so as to be low growing and not present a problem for the sight distance triangle as shown in Exhibit 3. As illustrated in Exhibit ~, although the driveway has not yet been completed, the vehicle coming out of the gas station site is clearly visible. This vehicle would actually be located approximately 10' closer to the roadway at the proper location for it to stop prior to exiting U.S.1 and (except for all the barricades that are obvious in these photographs) a vehicle located at the correct stopping location would be very visible from a vehicle traveling north on U.S. 1. The overhang presents no problem within the site distance that is required to be able to see clearly a vehicle leaving the driveway to the north (see Exhibit 5). VII. GUARD RAIL The Chief of Police for the City of Aventura has required that a guard rail be installed behind the public sidewalk and the landscaping of the Cove Shopping Center. Based on all the information that has been provide above, it is our professional opinion that a guardrail is not necessary. Exhibits 3 and 5 clearly show that no purpose would be served by removing any portion of the building so as to move it further back from the edge of pavement of U.S. 1. Removal of portions of the building would have a detrimental effect to the operations of the existing Bagel Cove Restaurant as illustrated on Exhibit 9, and would not be necessary for a safety purpose. Granting of the variance would be a safe condition both for the motorists and pedestrians as well as those drivers leaving the driveways both at the Cove Shopping Center and also at the gas station/car wash. 6 IL~ maw'~,I ~,RCE I02 58.0' 15.9' 15.90 I I~1~ 9,09' 1.50 SOUTH ,09' NORTH -- 3' HIGH C.B.S. WALL .B.T. RISER 127.45' .... CONC MALIC -S87' 21~.OCY I STOR'f BU~_D OVERHANG WATER--~.. METERS (3) 10' TYPICAL SECTION FROI~ ~ STA..501+89.32 TO ~. STA. 506+00 (NORTH BOUND LANES) FROI~ ~. STA, $02+6F.42 TO ~ STA. 503+81.31 (SOUTH BOUND LANES) NEW CONSTRUCTION r~,~kFtC TYPICAL SECTION I I BEFORE CONSTRUCFION CONS~UCTI0~ 1992 1994 . I : 2i:: VEHICLE COMES TO STOP ! il. I COY 9.09' NORTH BOUND TO U.S.1 NOT TO SCALE 675' m z THE COVE Cross SectiOn/Sight Distance RETAINING WALL ~.- Z~- ')7 PERCEPTION DIAGRAM SETTING SABAL PALM (STATE TREE J SPACING SHADOW DIAGRAM SIGHT D/STANCE AT INTERSECTIONS .......... J ~ IZotZt 546_ I 0 0 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, Brenda Kelley, P~a~r~ March 31, 1998 Pappas Properties, Inc. and Florida Department of Transportation (FDOT) request for Site Plan approval in conjunction with Non-use variances. (03-SP-98, 07-SP-98, 01.-NUV-98) April 7, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the requests subject to the conditions outlined herein. THE REQUEST The applicants are requesting Site Plan approval in conjunction with the following non- use variances as prompted by the Florida Department of Transportation (FDOT) taking of a portion of the subject property: 1) a non-use variance of setback requirements to waive eleven feet (11') of the required twenty foot (20') front setback where a nine foot (9') front setback is proposed (Biscayne Boulevard); and 2) a non-use variance of open space requirements to waive 2.1% of the required 12.8% open space where 10.5% open space is proposed. The site plan will supercede all previously approved site plans. BACKGROUND OWNER OF PROPERTY Pappas Properties, Inc. LOCATION OF PROPERTY 18955 - 19001 Biscayne Boulevard a.k.a. Cove of Biscayne Shopping Center (see Exhibit #2 for Location Map) S~E OFPROPERTY Approximately 2.475 acres LEGAL DESCRIPTION See Exhibit #1 EXISTING ZONING BU-3, Liberal Business District and IU-1, Industrial, Light Manufacturing District FUTURE LAND USE DESIGNATION Business and Office Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: BU-3, Liberal Business District and IU-1, Industrial, Light Manufacturing District BU-2, Special Business District and BU-3, Liberal Business District BU-2, Special Business District and BU-3, Liberal Business District BU-2, Special Business District Biscayne Boulevard and the FEC Railroad RAN Existing Land Use - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: retail strip center and restaurant auto use and convenience store (under construction) Loehmann's Fashion Island Loehmann's Fashion Island and Concorde Center Biscayne Boulevard and the FEC Railroad R/W Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro- Dade County, Florida, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Business and Office Business and Office Business and Office Biscayne Boulevard and the FEC Railroad PJW 2 The Site- The subject site, a roughly rectangular piece of land, is approximately 2.475 acres and is located east of Biscayne Boulevard between NE 187~h Street and NE 191= Street (see Exhibit #2 for location map). The site is the Cove of Biscayne Shopping Center, consisting of a 14,540 SF commercial shopping center to the north of the property and Koo Koo Roo's Restaurant (5,400 SF) to the south of the property. The Project - The State of Florida Department of Transportation (FDOT) has acquired a strip of property approximately 15' in width (4002 square feet) along the west property line of the subject property. The taking of land from the front of the property has reduced the building setback of one building from an approved 25' to a 9' front setback. Additionally, the taking of property has rendered six (6) parking spaces useless and has decreased the amount of open space, already in deficit, on the property. The cure plan provides for a reconfigured parking lot to approximately the front of the Koo Koo Roo's Restaurant. From that point to the rear of the property, only slight modifications have been made to the parking lot. Overall, the existing parking conditions remain at the rear of the site. This reconfigured parking lot provides for 163 parking spaces, where 158 spaces are required. The property owner requires additional parking spaces to support the existing businesses. Project Background- In June 1991, Miami-Dade County granted multiple approvals (Resolution No. Z-102-91) for a portion of the subject property (what is now Koo Koo Roo's Restaurant) including a non-use variance of landscaping requirements to permit a total of 14.4% (16% required) of landscaped area. ANALYSIS Consistency with Comprehensive Master Plan - The proposed development is not inconsistent with the Dade County Comprehensive Development Master Plan. Review by City Landscape Architect - The City's Landscape Architect has approved the proposed Landscape Plan. Community Development Department Analysis - The Florida Department of Transportation (FDOT) recently acquired a portion of the subject property running parallel to Biscayne Boulevard, approximately fifteen (15) feet in width. This area was previously improved with a landscape buffer and parking spaces. The taking of land has affected the parking for the shopping center, has reduced the open space on the property, and has decreased the front building setback. 3 The applicants have agreed upon one (1) cure plan that provides a mixture of sufficient parking, acceptable to the owners of the property and sufficient open space, acceptable to staff. Basically, a "trade-off" exists between the amount of open space provided and the number and size of parking spaces. This cure plan does not require a parking variance, but does require a variance as to the amount of open space required. Furthermore, a variance as to front setback is required since the setback to the existing structure has been decreased by the taking. CdteHa The City Commission adopted an Ordinance (No. 97-21) providing for the policy and procedure concerning Non-Conformities created by governmental acquisition of private property. Section 6.1 of the Ordinance lists criteria by which the City Commission is to evaluate such variances. Staff has evaluated the requested variances as well as the quality of the cure plans according to the criteria: 1) The requested variance(s) will not adversely affect visual, safety, aesthetic or environmental characteristics of the community. The cure plan submitted requires a variance of open space from that which is required by the Code. A previous approval by Miami-Dade County granted a non-use variance of landscaping requirements to permit a total of 14.4% (16% required) of landscaped area for a portion of the subject property (what is now Koo Koo Roo's Restaurant). The open space variance that is now being requested would only minimally impact the visual and aesthetic character of the community. The applicant has concentrated landscaped open space to the front of the property, thereby minimizing the visual impact of the open space reduction from Biscayne Boulevard. The amount of open space required by Code is 12.6% and the amount of open space provided by the cure plan is 10.5%. 2) The requested variance(s) will not adversely affect the safety of pedestrians or the safe operation of motor vehicles. The cure plan submitted requires a variance of setback requirements from that which is required by the Code. The front setback required by Code is twenty (20) feet and the front setback proposed is nine (9) foot. The original approved plan provided an approximately 25' front setback, however, with the approximately 15' front taking by FDOT the remaining setback is just over 9'. Staff has requested that, because of the 9' front building setback, the applicant provide FDOT approved guardrails along the southwest corner of the Bagel Cove restaurant to protect any pedestrians using the sidewalk at that location. 4 Upon staffs request, the applicants have attempted to maximize the number of 9' x 18' parking spaces, especially at the front of the property where the spaces are most heavily used, while maintaining enough spaces to support the existing businesses. Additionally, the drive aisles have been increased in width, wherever possible throughout the plan in order to make maneuverability safer for both pedestrians and motor vehicles. 3) The requested variance(s) will not cause motor vehicle parking shortages which adversely impact the community. The cure plan provides for 163 parking spaces, where 158 spaces are required. 4) The requested variance(s) will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the acquisition and/or construction of the roadway or other public facility including, but not limited to, aesthetic, visual, noise, dust, vibration, safety, land use compatibility and environmental impacts. The cure plan submitted will not render the use of the property unfeasible or impractical. Citizen Comments The Community Development Department has not received any written or verbal comments regarding this application. CONDITION It is recommended that the requests be granted subject to the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · Revised Master Plan, Site Plan, Cove of Biscayne Shopping Center, Sheet S-1, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Tree Relocation/Removal Plan, Cove of Biscayne Shopping Center, Sheet L-l, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Landscape Plan, Cove of Biscayne Shopping Center, Sheet L-2, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Boundary and Improvement Survey, prepared by Keith and Schnarrs, P.A., revised dated 3/25/98. 5 PROJECT SPECIFIC CONDITIONS Applicant shall request building permits within 12 months of the date of the settlement of the eminent domain proceedings or the site plan and variances granted shall be deemed null and void. 03-SP-98 Bagd C~e FOOT LAND DESCRIPTION J A PORTION OF THE SOUTH~CEST ONE-OUARTER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, BEING MORE PART)CULARLY DESCRIBED AS FOLLOWS= COI~vlENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-0UARTER OF SAID SECTION 3, THENCE EASTERLY ALONG THE NORTH LINE OF THE SO~JTHWEST ONE-QUARTER OF SAID SECTION 3, NORTH 87'34'55" EAST, BIl.19 FEET TO THE EAST RIGHT OF WAY LINE OF BISCAYNE BOULEVARD (STATE ROAD 5) AS SHOWN ON THE FLORIDA DEPARTIVENT OF TRANSPORTATION RIGHT OF WAY MAP FOR SECTION 87050-25T0. THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY LINE, SOUTH O2'07'21" EAST, 209.88 FEET TO THE POINT OF BEGINNINO~ THENCE CONTINUE SOUTHERLY ALONG SAID EAST R]GHT OF WAY LINE, SOUTH O2'O7'21~ EAST, 252.28 FEET TO A POINT ON A LINE 200.O0 FEET NORTH OF ANO PARALLEL WITH THE SOUTH LiNE OF THE NORTHEAST ONE-OUARTER OF THE NORTH- WEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 3. THENCE EAST- ERLY ALONG SAID PARALLEL L]NE, NORTH 87'31°58- EAST, 459.50 FEET TO A POINT ON A LINE I00.00 WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-GUARTER OF SAID SECTION 5! THENCE NORTHERLY ALONG SAID PARALLEL LINE, NORTH 05'Z2'15~ WEST,. 211.88 FEETI THENCE SOUTH 8T'34'55~ WEST, 75.15 FEET~ THENCE NORTH O3,22'15~ WEST, 50.01FEET~ THENCE SOUTH 87'54'55~ WEST, 75.OI FEETI THENCE SOUTH O5'22°15~ EAST, I0.00 FEET TO A POINT ON A LINE 210.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID.SECT[0N 5~ THENCE t~ESTERLY ALONG SAID PARALLEL LINE, SOUTH 87'54'55 ~ tilE:ST, 285.85 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING IN THE CITY OF AVENTURA, DAOE COUNTY, FLOR[DA. CONTAINING 107,855 SQUARE FEET (2.4755 ACRES), MORE OR LESS. EXHIBIT #1 BROWARD COUNT~' DADE COUNTY 201 TER. AVENTURA 192 ST. YACHT CLUB DR. WAY~1/x'{ CIRCLE Shoppes 207 ST. CLUB DR. , of Aventura 188 ST. 33180 331 LEGEND Roadway~ ..... ZIP Code Boundar ........... Fiailroad #2 '~ ~ RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LEGALLY DESCRIBED IN EXHIBIT #1 AND COMMONLY KNOWN AS "COVE OF BISCAYNE SHOPPING CENTER"; GRANTING A NON- USE VARIANCE OF SETBACK REQUIREMENTS TO WAIVE ELEVEN FEET (11') OF THE REQUIRED TWENTY FOOT (20') FRONT SETBACK WHERE A NINE (9') FOOT FRONT SETBACK IS PROPOSED (BISCAYNE BOULEVARD); GRANTING A NON-USE VARIANCE OF OPEN SPACE REQUIREMENTS TO WAIVE 2.1% OF THE REQUIRED '12.6% OPEN SPACE WHERE 10.5% OPEN SPACE IS PROPOSED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described heroin is zoned BU-3, Liberal Business District and IU-1, Industrial, Light Manufacturing District; and WHEREAS, the applicants Pappas Properties, Inc. and the Florida Department of Transportation (FDOT), through Application Nos. 03-SP-98, 07-SP-98, and 01-NUV- 98 are requesting Site Plan approval in conjunction with the following non-use variances as prompted by the FDOT taking of a portion of the subject property known as "Cove of Biscayne Shopping Center:" 1) a non-use variance of setback requirements to waive eleven feet (11') of the required twenty foot (20') front setback where a nine foot (9') front setback is proposed (Biscayne Boulevard); and Resolution No. Page 2 2) a non-use variance of open space requirements to waive 2.1% of the required 12.6% open space where 10.5% open space is proposed. The site plan will supercede all previously approved site plans. WHEREAS, the requests are being made in order to cure Non-conformities created by FDO'I"s acquisition of a portion of the subject property; and WHEREAS, the applicants have agreed upon a cure plan for the property; and WHEREAS, the Community Development Department recommends approval of the requests subject to conditions; and WHEREAS, 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 Nos. 03-SP-98, 07-SP-98, and 01-NUV-98 requesting Site Plan approval in conjunction with the following non-use variances as prompted by the FDOT taking of a portion of the subject property known as "Cove of Biscayne Shopping Center:" Resolution No. Page 3 1) a non-use variance of setback requirements to waive eleven feet (11') of the required twenty foot (20') front setback where a nine foot (9') front setback is proposed (Biscayne Boulevard); and 2) a non-use variance of open space requirements to waive 2.1% of the required 12.8% open space where 10.5% open space is proposed. The site plan will supercede all previously approved site plans. on property legally described as: SEE ATTACHED EXHIBIT #1 A/K/A 18955- 19001 BISCAYNE BOULEVARD "COVE OF BISCAYNE SHOPPING CENTER" AVENTURA, FLORIDA is hereby granted subject to each of the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · Revised Master Plan, Site Plan, Cove of Biscayne Shopping Center, Sheet S-1, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Tree Relocation/Removal Plan, cove of Biscayne Shopping Center, Sheet L-l, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Landscape Plan, Cove of Biscayne Shopping Center, Sheet L-2, prepared by Charies Putman & Associates, Inc., dated 3-27-98; · Boundary and Improvement Survey, prepared by Keith and Schnarrs, P.A., revised dated 3/25/98. Resolution No. Page 4 PROJECT SPECIFIC CONDITIONS 1. Applicant shall request building permits within 12 months of the date of the settlement of the eminent domain proceedings or the site plan and variances granted shall be deemed null and void. 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 Arthur Berger Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder PASSED AND ADOPTED this day of ,1998. ARTHUR I. SNYDER, MAYOR Resolution No. Page 5 ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of ,lgg8. CITY CLERK Letter of Intent The subject property is located at 19001 Biscayne Boulevard, Aventura, Florida. The property is presently zoned BU-3/IU-1. Currently located on the subject property are two restaurants, one is the Bagel Cove Restaurant and the other is the Koo Koo Roo Restaurant. Pursuant to the plans previously approved by Dade County, the property owner had received approval for a 4,000 square foot, one-story building on the easterly portion of the subject property. However, as of the date of this application, no building has been constructed in this area. The State of Florida Department of Transportation, by virtue of an Order of Taking dated November 26, 1996, a copy of which is attached hereto and made a part hereof, acquired a strip of property approximately 15 feet in width along the west property line of the subject property. Pursuant to a recently passed Resolution by the City of Aventura, the State of Florida Department of Transportation is submitting a cure plan for this site, including a landscaping plan for the remaining property not being acquired for the right-of-way. The State of Florida Department of Transportation is requesting that the City of Aventura approvethe cure plan provided by the State of Florida Department of Transportation in conjunction with this Application. Attorne~for Applicant, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN THE cIRCUIT COURT OF THE 1 lth JUDICIAL CIRCUIT OF FLORIDA IN AND FOR OADE CouNTY GENERAL JURISDICTION DIVISION CIVIL ACTION NO: 96-17975CA01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, PAPPAS PROPERTIES, INC., ET AL Respondents. TI-tiS CAUSE coming on to be heard by the Court, it appearing that proper notice was first given to all the respondents, and to all persons having or claiming any equity, llen, title, or other interest in or to the real property described in the Petition, that the Petitioner. would apply to this Court on the I /-/~'/'~ day of /~(~k,~.n,~.~, A.D., 1996, for an Order of Taking, and the Court being fully advised in the premises, upon Oonsideration, it is. therefore, ADJUDGED: 1. That the Court has jurisdiction of the subject matter of and the parties to this cause. 1. 2. That the pleadings in this cause are sufficient, and the Petitioner is properly exercising its delegated authority. 3. That the Estimate of Value .filed in this cause by the Petitioner was made in good faith, and based upon a valid appraisal. 4. That upon the payment of the deposit hereinafter specified into the Registry of this Court, the right, title or interest specified tn the Petition as described herein shall vest in the Petitioner. .~30-2570 S'~ ATE~LOAD 5-~z~TY DESCRIPTION FEE SIMPLE RIGHT OF WAY PARCEL 102 SECTION 87030-2570 A portion of the NWY~ of the SW~4 of Section 3, Township 52 South, Range 42 East, Dada County, Florida, being more particularly described as follows: BEGIN at the Northwest corner of the Westerly 138.943 meters (455.85 feet) of Tract "B", REGINA SQUARE SUBDIVISION, according to the plat thereof as recorded in Plat Book 113, at Page 27, of the Public Records of Dada County, Florida, this point lying on tho Easterly Right of Way line of State Road No. 5 (U, S. No. 1/Biscayne Boulevard}, as shown on said plat and on the State of Florida State Road Department RAN Map Project No. 41, now known as Section 87030-2201, as recorded in Plat Book 34, at Page 53, of said Public Records of Dada County, Florida; thence run N02°O7'21"W, along said Easterly Right of Way line., for a 'distance of 76.721 meters [251.71 feet} to the point of intersection with a line '64.00~ meters (210.00 feet} Southerly of and parallel with the North line of the NW~ of the SWY~ of said Section 3; thence run N87°34'§5"E, along last described parallel line, for a distance of 4.846 meters (1[;.90 feet} to a point; thence run S02°07'21"E for a distance of 76.717 meters 1251.69 feet} to the point of intersection with the Northerly line of said Westerly 138.943 meters (455.85 feetl of Tract °B"; thence run S87°32'01"W along last described Northerly line, for a distance of 4.846 meters {15.90 feet) to the point of intersection with said Easterly Right of Way line of said State Road No. 5 and the POINT OF BEGINNING. Containing 371.8 square meters (4,002 square feet}, more ct less. AP/OH/12113~94 MRIOHIOglO81951R OWNED BY: JAMES PAPPAS, INDIVIDUALLY AND AS TRUSTEE AN UNDIVIDED ~Oe/e INTEREST. VIRGINIA PAPPAS, INDIVIDUALLY AND AS TRUSTEE AN UNDIVIDED 25% INTEREST. GREGORY PAPPAS, INDIVIDUALLY AND AS TRUSTEE AN .UNDIVIDED 25% INTEREST. ENCUMBERED BY: of: LIRERTY CORPORATION. GOO'.-' ............ 3. LIEN recorded in O.R. Book 16908 at Page 2577 in Favor INTERNATIONAL, INC., A FLORIDA 87.030-2570 S ~,~r_E ROAD 5-US 1 DADE COb,. rY DESCRIPTION FEE SIMPLE RIGHT OF WAY PARCEL102 SECTION 87030-2570 LEASE recorded in.O.R, Book 16693 at Page 45§9 in Eavor of: ETM, INC., A FLORIDA CORPORATION. LEASE recorded in O.R, Book 1§207 at Page 850 in Favor of: MORRISON INCORPORATED, A DELAWARE CORPORATION, A/K/A MORRISON RESTUARANTS, INC., N/K/A RUBY TUESDAY, INC., A GEORGIA CORPORATION. The interest, if any, of: ALLSTATE INSURANCE COMPANY. AN ILLINOIS CORPORATION, tenancy unknown. t The interest, if any, of: ISRAEL TRAVEl: BUREAU, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: KOO KOO RO0 FLORIDA 103J, LTD., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: KO0 KOO RD0, INC., A DELAWARE CORPORATION, tenancy unknown. The interest, if any, of: LUNA HAIR STUDIO, INC., A FLORIDA CORPORATION, tenancy unknown. The Interest, if any, of: MARK MARASCO AND ROBERT BECKER, THE LAST SURVIVING DIRECTORS OF Bu'n'ERFLY EXPRESS, INC., A DISSOLVED FLORIDA CORPORATION AND AS SUCH TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown. The interest, if any, of: PAPPAS PROPERTIES, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: STYLE SITE OPTICAL, INC., A FLORIDA CORPORATION, tenancy unknown. ATE . ~,~TY DE,q~:RIPTION FEE SIMPLE RIGHT OF WAY PARCEL102 SECTION 87030-2570 The interest, if any, of: WINDOWS OF THE WORLD TRAVEL, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: SHARON Z. ZADANOFF, D.C., PA, A FLORIDA CORPORATION, tenancy unknown. 5. That the deposit of money will secure the persons lawfully entitled to the compensation which will be ultima!ely determined by final judgment of this Court. 6. That the sum of money to be deposited in the Registry of the Court within twenty (2OI days of the entry of this Otder shall be in the amount of dollars. 7. That on deposit as set forih above and without further notice or Order of this Court the Petitioner shall be entitled to possession of the property described in the Petition. However, the Respondent. owner's (Pappas)' shall be entitled to use the existing lift station located on the property taken until such time as they have completed the cons[ruction of a new sewage lift station on the remainder, not to exceed flay 31, 1997. If additional time to complete the construction is needed. Respondent may petition for an extension of DONE AND ORDERED THIS iZT[~ davof time to finish construct, A,D., 1996 in the State of Florida, County of Dada. / CIRCU. J~CO URT JODGE FD~ T v_. P~'zb,~ PROPERTIES. Care No.; 96-17975 CA 01 SER VICE LIS T Pal?.e I of ] ALLSTATE INSURANCE COMPANY, AN ILLINOIS CORPORATION JACK ONDROVIC, CLAliV'$ SERVICE F,?~ANAGER 780 CARILLON pARKWAY', sUiTE 400 ST. pETERSBuRG, Ft. 337~,6 ~L~£ A T0~,I~, F~qQ BR[~ HOOR~ 203 ,~ P[IAHI Fi', 33130 (Actom~'fo~: BiDE d/'o/a ~ Co~e) BRIAN PATCHEN, ESQ. EARLE & PATCHEN P.A. I000 BRICKELL AVE.. SUITE 1112 MIAMI. FL 33131 THOMAS GOLDSTEIN, ESQ. OADE cOUNTY ATTORNEY'S OFFICE 2810 sTEPHEN P. CLARI~ CENTER 11 I NW FIRST STREET MIAMI, FL 331 28 {AttoCney for: Richard Gardner as Oade County Tax Collector end Harvey Ruvin as Clerk of the Circtlit Gout ti ISRAEL TRAVEL BUREAU, INC., A FLORIDA coRPORATiON SERVE: MIRIAM MINES, AS REGISTERED AGENT 035 NE I78 TERRACE NO. MIAMI BEACH, FL 3.~162 ROBERT BYRNE, ESQ. KELLY BLACK BLACK BYRNE & BEASLEY, P.A. 169 E. FLAGLER sTREET, # 1400 MIAMI, FL 331:31 IAttomey fat: KOO Koo Roo. loc . a rJelaw,~re CorpOration ~nd Koo Koo Roo Florida tO3J, Ltd.) P~gc 2 of 3 FOOT v. pAppA.~ff~~$, et al. Case No.: 96-17975 CA 01 SERVICE LIST F. LORRAINE JOHN, ESQ. HARRY A. PAYTON & ASSOCIATES, P.A. ONE BISCAYNE TOWER, SUITE 3270 2 S. BISCAYNE BLVD. MIAMI. FL 33131 [Attorney for: Liberty International, Inc. I LUNA HAIR STUDIO, INC., A FLORIDA CORPORATION 19019 BISCAYNE BLVD. MIAMI, FL MARK MARASCO AND ROBERT BECKER, THE LAST SURVIVING DIRECTORS OF BUTTER.FLY EXPRESS, INC., A DISSOLVED FLORIDA CORPORATION AND AS SUCH TRUSTEES OF SAID DISSOLVED cORPORATION SERVE: MARK MARASCO. INDIVIDUALLY AND AS TRUSTEE 60 souTH FEDERAL HIGHWAY BOCA RATON, FL 33432 MORRISON INCORPORATED, A OELAWARE CORPORATION, A/K/A MORRISON RESTUARANTS, INC., N/KIA RUBY TUESDAY, INC., A GEORGIA CORPORATION SERVE: SAMUEL E. BEALL, PRESIDENT 4721 MORRISON DRIVE MOBILE, AL 36609 JAMES pAPPAS. INDIVIDUALLY AND AS TRUSTEE 19001 B[SCAYN'E BOULF.,VAP,~ AVENTURA, FLOR.IDA VIRGINIA PAl=PAS, INDIVIDUALLY AND AS TRUSTEE 16433 NE, 3 tst AVEtqUE NORTH MIAMI, FLORIDA STYLE SITE OPTICAL, INC., A FLORIDA CORPORATION ! 9013 BISCAYNE BLVD. MIAMI, FL Page 3 of 3 EPO T v. p.4PPAS pROPERTIES. Case IVo.: 96.~7975 CA 01 SERVICE LIST WINDOWS OF THE WORLD TRAVEL, INC., A FLORIDA CORPORATION 19017 BISCAYNE BLVD. MIAMI, FL SHARON Z. ZADANOFF, D.C., PA, A FLORIDA CORPORATION SERVE: RICHARD ZAOANOFF. AS REGISTERED AGENT 20220 N,E. 34 COURT NO. MIAMI, FL 331BO CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City CommissiO~ci~e Eric M. Soroka, r Brenda Kelley, Plan .~ April 28, 1998 Request of Dayton Hudson Corporation for Sign Variances (05-SV-98) May 5, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission take the following actions: 1) approve the requested sign variance for the primary "Target" sign; and 2)approve the requested sign variance for the "Garden Center" sign in lieu of the second "Target" sign; and 3) deny the requested sign variance for the "Pharmacy", all approvals subject to conditions as outlined herein. THE REQUEST The applicant, Dayton Hudson Corporation, is requesting Sign Variances to permit one (1) wall sign which is larger than that allowed under sign regulations and two (2) additional wall signs which display services or products as opposed to the business name. BACKGROUND OWNER OFPROPERTY ADDRESS OFPROPERTY Dayton Hudson Corporation 21265 Biscayne Boulevard (See Exhibit #2 for Location Map) LEGAL DESCRIPTION Tract "B" Aventura Commons, Plat Book 151, Page 58 of the Public Records of Dade County, Florida SIZE OF PROPERTY: Approximately 25.92 acres EXISTING ZONING BU-2, Special Business District FUTURE LAND USE DESIGNATION Business and Office Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: BU-2, Special Business District RU-2, Two-Family Residential District RU-2, Two-Family Residential District PAD, Planned Area Development District BU-1A, Limited Business District Existing Use - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Target/Aventura Commons Shopping Center vacant Proposed Chabad House Aventura Lakes Residential Development Aventura Hospital and Medical offices; self-storage facilities Future Land Use Designation- According to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade County, Florida, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Medium Density Residential Business and Office Medium Density Residential Business and Office The Site - The subject site is located at the southeast corner of Biscayne Boulevard and proposed 213t~ Street (see Exhibit #2 for Location Map). The Project - Target is located in the northeast corner of the Aventura Commons shopping center, which is currently under construction. Aventura Commons was originally approved by Miami-Dade County. The City Commission approved the Final Plat for Aventura Commons on October 7, 1997, in which Target was designated as Tract "B". Target has been approved to build 127,633 square feet, 10,198 of which 2 encompasses a Garden Center with a separate entrance. A pharmacy is also proposed inside of Target, however, it does not have a separate entrance. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the Dade County Comprehensive Development Master Plan. Community Development Department Analysis - As a corner store location, the applicant is allowed two (2) wall signs. The primary wall sign is allowed at 648 sq. ft. (based on tenant frontage) and the second wall sign (at 50%) is allowed at 324 sq. ft. The applicant is requesting the following signs: Sign Type Copy Elevation Letter Sign Size Size Wall sign - primary "Target" West (front) 204 sq. ft. 1200 sq. ft. Wall sign - secondary "Target" North (side) 109 sq. ft. 109 sq. ft. Services/Products sign "Garden Center" West (front) 40 sq. ft. 187.5 sq. ft. Services/Products sign "Pharmacy" West (front) 36 sq. ft. 36 sq. ft. Based on the above proposed, the applicant requires: 1) A sign variance for the size of the primary "Target" wall sign (prevision 1200 sq. ft. is proposed where 648 sq. ft. is allowed); and 2) A sign variance for the "Garden Center" sign where display of services or products as opposed to the business name, is prohibited under the Sign Ordinance; and 3) A sign variance for the "Pharmacy" sign where display of services or products, as opposed to the business name is prohibited under the Sign Ordinance. Criteria The criteria for approval of sign variances according to Sign Ordinance No. 97-17 require: 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 is required. 3 The sign variance for the primary "Target" wall sign is required because the Sign Ordinance defines Sign Area as the "square foot area enclosed by the perimeter of the Sign Structure, including borders and framing". The projecting wall treatment frames the sign, making the sign effectively appear 1200 sq. ft. However, it is important to note that Miami-Dade County, during its approval process, required the applicant to install this wall treatment to break up and add interest to the fa(;ade of the building frontage. In light of this fact, and of staffs belief that the wall treatment enhances the appearance of the building, staff supports the requested variance for the size of the primary wall sign. The request for two (2) signs that display services or products as opposed to the business name does not maintain the basic intent and purpose of the Sign Ordinance. These types of signs are expressly prohibited by the Ordinance. Staff recommends denial of the requested "Pharmacy" sign. - However, staff is willing to recommend approval of the "Garden Center" sign if the applicant relinquishes the rights to the secondary "Target" wall sign on the north side of the building. Staff believes that the "Garden Center" sign serves a purpose in that it identifies the Garden Center's separate entrance to customers. Additionally, the requested "Garden Center" sign is only 60% of the sign area allowed for the secondary sign and would not adversely affect the appearance of the community. Citizen Comments The Community Development Department has not received any written or verbal comments regarding this application. CONDITIONS It is recommended that the City Commission take the following actions: 1) approve the requested sign variance for the primary "Target" sign; and 2)approve the requested sign variance for the "Garden Center" sign in lieu of the second "Target" sign; and 3) deny the requested sign variance for the "Pharmacy", all approvals subject to conditions as outlined herein. STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · Target "Front Building Elevation" and "Left Building Elevation", Sheet 1, prepared by Heath and Company, dated 3-26-98; and · Target "Building Letter A-D", Sheet 2, prepared by Heath and Company, dated 3-26-98. 4 2. Applicant shall obtain building permits within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. PROJECT SPECIFIC CONDITIONS 1. A wall sign with copy to read "Target" with lettering not to exceed 204 sq. ft. be allowed on the wall treatment on the West elevation. 2. A wall sign with copy to read "Garden Center" with lettering not to exceed 40 sq. ft. be allowed on the West elevation. 3. No additional exterior Wall Signs be allowed on any wall of Target. 5 JEFFREY BERCOW BEN J. FERNANDEZ JANa K. McDONAlD MICHAEL E. RADELL LAW OFFICES BERCOW ~ RADeL1 PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER, SUITE 850 200 SOUTH BISCAYNE BOULEVARD mlamh fLoriDA 33131 DIRECT LINE: (305) 377-GB35 RECEIVED APR 0 I 1998 COMMUNiTy DEVELOPMENT TELEPHONE (305) 374-5300 FA)((305) 377-6222 April 1, 1998 Ms. Brenda Kelly City of Aventura 2999 N.E. 191 Street Suite 500 Aventura, Florida 33180 Re: Sign Variance for Target Store Biscayne Boulevard and Northeast 213 Street Dear Ms. Kelly: This law firm represents the Dayton Hudson Corporation, the owner of the property (the "Applicant") in which the referenced Target Store is located. This letter shall serve as the Applicant's letter of intent in order to request a sign variance to permit two additional wall signs for the store. Property. The Target store is located within the Aventura Commons Shopping Center. The store is the largest in the center, with approximately 117,000 square feet of retail space. The store's front wall is approximately 431 feet in length and is located more than 300 feet from Biscayne Boulevard. Front Wall Signs. The Applicant is proposing 3 signs for the front wall of the Target store. The main sign is 204 square feet in size. Two additional signs are proposed for the front wail that will serve to direct patrons to the Pharmacy and the Garden Center. The Pharmacy sign is 36 square feet in size and the Garden Center sign is 54 square feet in size. Therefore, the total amount of sign area that is proposed for the store's front wall is 294 square feet. Based on City of Aventura Ordinance No. 97-17, a store with 431 lineal feet of lineal frontage, located more than 300 feet from the street on which it fronts, is entitled to approximately 646 square feet of signage. Therefore, the Applicant is proposing less signage than permitted by the ordinance. In fact, the Applicant's proposed signage for the store's front wall is less than 50% of the total amount permitted for a store of this size. EXHIBIT #1 Ms. Brenda Kelly April 1, 1998 Page 2 Corner Sign. The Applicant is also proposing a 109 square foot wall sign on the store's side wall. Since this store is located at the corner of the shopping center, it is entitled to an additional wall sign limited to 50% of the square footage of the primary sign. The Applicant's proposed side wall sign is less than 40% of the square footage of the signage for the front wall. Justification. The proposed signage is compatible with the signage for the rest of the center. It also is expressive of Target's identity by incorporation the stores familiar logo. Furthermore, the amount of signage proposed by the Applicant is well below the total amount of sign area permitted for a store of this size located more than 300 feet from the street. The Applicant is only requesting a variance in order to permit two small signs, that would not otherwise be permitted by code, to serve as directional signs. These signs would guide store patrons to the Pharmacy and Garden Center areas. The signage will also assist shoppers in locating parking near areas of the store that they wish to patronize, thereby reducing potential congestion in the parking areas. Accordingly, the proposed signage meets all of the requirements listed in Section 1 of the City of Aventura Signage Ordinance. For all of the foregoing reasons, the Applicant respectfully requests that the City Council approve the requested variance. Should you have any questions or comments regarding this request, please do not hesitate to contact me. Sincerely, Ben Fernandez BF:cg CC: William P. Hise, Esq. Mr. Boyd Hippenstiel Mr. Phil Anderson Jeffrey Bercow, Esq. BERCOW ~. RADELL PROFESSIONAL ASSOCIATION BROWARD CO~ DADE CO~ LEGEND RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR ONE (t) WALL SIGN WHICH IS LARGER THAN THAT ALLOWED; APPROVING A SIGN VARIANCE FOR (1) WALL SIGN WHICH DISPLAYS SERVICES OR PRODUCTS AS OPPOSED TO THE BUSINESS NAME ("GARDEN CENTER); DENYING A SIGN VARIANCE FOR (1) WALL SIGN WHICH DISPLAYS SERVICES OR PRODUCTS AS OPPOSED TO THE BUSINESS NAME ("PHARMACY") FOR DAYTON HUDSON CORPORATION (TARGET) LOCATED AT 21265 BISCAYNE BOULEVARD,; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Dayton Hudson Corporation, through Application No. 05-SV-98, has requested sign variances to permit one (1) wall sign, which is larger than what is allowed under the Ordinance No. 97-17and two (2) wall signs which display services or products as opposed to the business name where prohibited by Ordinance No. 97-17 on that certain property located at 21265 Biscayne Boulevard; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHERAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, only to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. Page 2 Section 1. Application No. 05-SV-98 for Sign Variance on property legally described as: Tract "B" Aventura Commons, Plat Book 151, Page 58 of the Public Records of Dade County, Florida a.k.a Target 21265 Biscayne Boulevard is hereby acted upon as follows subject to conditions: 1) The requested sign variance for the primary "Target" wall sign, lettering not to exceed 204 sq. ft., is hereby granted; and 2) The requested sign variance for the "Garden Center" wall sign, lettering not to exceed 40 sq. ft. is hereby granted; and 3) The requested sign variance for the "Pharmacy" sign is hereby denied on the basis that it does not meet the criteria for the granting of variances found in the City's Sign Ordinance; and 4) The request for the second "Target" wall sign is hereby denied. CONDITIONS STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · Target "Front Building Elevation" and "Left Building Elevation", Sheet 1, prepared by Heath and Company, dated 3-26-98; and · Target "Building Letter A-D", Sheet 2, prepared by Heath and Company, dated 3-26-98. Resolution No. Page 3 2. Applicant shall obtain building permits within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. PROJECT SPECIFIC CONDITIONS 1. A wall sign with copy to read "Target" with lettering not to exceed 204 sq. ft. be allowed on the wall treatment on the West elevation. 2. A wall sign with copy to read "Garden Center" with lettering not to exceed 40 sq. ft. be allowed on the West elevation. 3. No additional exterior Wall Signs be allowed on any wall of Target. 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 vote, the vote was as follows: Resolution No. Page 4 Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey Perlow Commissioner Patrioia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 5th day of May, 1998. Arthur I. Snyder, Mayor ATTEST: Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney This Resolution was filed in the Office of the City Clerk this day of ,199__. CITY CLERK TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission ~ Eric M, Soroka, ~afi'~r AMPl;la2t ~;' 1u9m9 ~aive r R e q'~~-Marion Present Mutchnik May 5, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission grant the Waiver Request for the moratorium subject to the enclosed conditions. BACKGROUND Ordinance No. 97-22 created a moratorium upon the issuance of development orders concerning development within the Marina Area and Hospital Area within the City. Section 2 of the Ordinance provides that the City Commission may grant a waiver when the City Commission determines, based on substantial competent evidence, that the specific use or activity will not detrimentally affect the preparation and implementation of the City Plan and will be compatible with surrounding land uses. Property Information Location Owner: Location Size: Land Use Designation: Zoning Classification: Proposed Use: Proposed Variances: Marion Present Mutchnik N.E. 213th Street & Biscayne Boulevard .47 _+ acres Business / Office BU-1A Business Shopping Plaza None Identified at This Time North: South: East: West: Vacant Public Storage Residential (Gulfstream) Vacant Residential Memo to City Commission Page 2 The City Commission has reached a preliminary decision regarding the Hospital Area's Master Plan. it is proposed that the area be developed on the basis of business, medical and office uses. Based on this policy, the property in question would comply with the Master Plan criteria for the Hospital Area. In order to ensure the proposal is in conformance with the Comprehensive Plan, the following conditions are recommended: That the waiver be granted to a specific project and owner. That the site plan be prepared in conformance with the Master Plan for the moratorium area approved by the City Commission as part of the Comprehensive Plan. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0561-98 Pneseo Reol gt. loc. April 6, 1998 Eric Soroka, City Manager City of Aventura Suite 500 2999 North East 191 Street Aventura, Florida 33180 Dear Mr. Soroka: Enclosed please find copies of plans, drawn up to Dade County Code, for a small shopping plaza that I propose to build on my land located at 213th Street fronted on Biscayne Boulevard. I have also enclosed a legal description for the property. I attended the meeting where the moratorium on building was proposed. Mayor Snyder assured me personally that I would have no propblem in obtaining a waiver of moratorium. As you can see from the enclosed plans, all required elements meet the specific requirements of Dade County Code. If you require any additional information in order to grant the waiver of moratorium, please do no hesitate to contact me. Marion Present 720 South Federal Highway. Hallandale, FL 33009 (305) 456-0009 LEGAL DESCRIPiTON: A TRACT OF LAND BE/NO THAT PORT/ON OF LOT l, BLOCK 3, MAP OF THE TOWN OF HALLANDALE,, ACCORD/NO TO TME PLAT THEREOF RECORDED IN PLA[ BOOK "~" AT PAGE ~3 OF THE PUBLIC RECORDS OF DADE COUN7~, FLOR/DA, LYING WESTERLY OF THE WESTERLY R/OHT OF WAY BOUNDARY OF SFATE ROAD NO. ~ (FEDERAL HIGHWAY) LESS AND EXCEPT/NO THEREFROI~ THE WEST 222 FEET AND THE NORTH 500 FEET THEREOF, SAID TRACT OF LAND t Y/NO SITUATE AND BE/NO IN THE NORTHWEST ONE-QUARTER (NW 1/4) OF SEGFION 34, TOWNSHIP 5Z SOUTH, RANGE 42 EAST. DADE COUNT>~, FLOR/DA, AND BE/NO NORE PART/CULARILY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF SAID SECT/ON 34, TOWNSHIP 5~ SOUTH, RANGE 42 EAST, DADE COUNTed, FLOR/DA, SAID POINT BEING ALS0 THE NORTHEAST CORNER OF LOT ~, BLOCK 3 OF SAID PLAT ENTITLED "IWAP OF THE TOWN OF HALLANDALE",. THENCE RUN SOU?H 89'50'~$" WEST ALONG THE NORTH BOUNDARY OF THE NORTHWEST ONE-QUARTER (NW ~/4) OF SAID SECT/ON 34, BEING ALSO ALONG THE NORTH BOUNDARY OF SAID LO7 ! A D/STANCE OF 446.~0 FEET TO THE POINT OF INTERSECTION W/TH A L/NE THAT IS PARALLEL TO AND 222 FEET EASTERLY OF, AS WEASURED m7 R/OHT ANGLES TO, 7HE WEST BOUNDARY OF SAID LOT ~; THENOE RUN SOUTH EAST ALONG THE LAST DESCRIBED L/NE A D/STANCE OF 500. ~3 FEET TO THE POINT OF INTERSECTION W/TH A L/NE THAT IS PARALLEL TO AND 500 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES 70 ?HE NORTH BOUNDARY OF SAID LOT ~, SAID POINT BE/NO ALSO THE POINT OE BEGINNING OF THE PARCEL OF LAND HEREINAFTER TO BE DESCRIBED,. THENCE RUN NOR?H 89'50'~5" EAST ALONG THE LAST DESCRIBED L/NE A D/STANCE OF ~60.~4 FEE? TO THE POINT TO INTERSECTION W/TH THE ARC OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 3784.83 FEET. SAID POINT OF /NTERSEC170N BEAR/NO SOUTH 69'29'38" EAST FROW THE CENTER OF SAID CURVE, SAID POINT BE/NO ALSO ON THE WESTERLY RIGHT OF WAY BOUNDARY OF SAID STARE ROAD ~ (FEDERAL HIGHWAY); THEN RUN SOUTHWESTERLY ALONG 7HE ARC OF SAID CURVE, BEING ALSO ALONG THE WESTERLY R/OHT OF WAY BOUNDARY OF SAID STATE ROAD NO. 5, THROUGH A CENTRAL ANGLE OF 02'J9'08" A D/STANCE OF ~75.20 FEtT TO THE POINT OF INTERSECTION W/TH THE SOUTH BOUNDARY OF SAID LOT ~, BLOCK ?HENCE RUN SOUTH 89'50'45" WES7 ALONG THE SOUTH BOUNDARY OF A PORT/ON OF SAID LOT ~ A D/STANCE OF 90.76 FEET 70 THE PO/N7 OF INTERSECTION WITH SAID L/NE BE/NO RARALLEZ ?0 AND 222 FEE7 EASTERLY OF, AS WEASURED A7 RIGHT ANGLES TO, THE WES7 BOUNDARY OF SAID LOT I; THENCE RUN NOR?H 0~'29'45" WEST ALONG [HE LAST DESCRIBED L/NE A D/STANCE OF ~62.46 FEE TO THE POINT OF BEGINNING, CONTAINING 20,495 SOUARE FEE7 ~ORE OR LESS OR 0.47 ACRES WORE OR LESS. ALL 0£ THE FOREGO/NO SUBJECT TO ANY DEDICATIONS, L/w/rATIONS, RESTRICTIONS, RESERVATIONS; OR EASEMENTS OF RECORD SURVEYOR~ NO[ES' ~ NO AF[EWPT WAS WADE BY THIS F/RIW TO LOCATE UNDERGROUND U17L/T/ES ON/OR ADJACENT TO 7HIS SITE 7HE APPROX/WATE LOGAT/ON OF ALL UT/L/T/ES SHOWN HEREON WERE TAKEN FROW AS BUILT DRAWINGS AND/OR ON-S/rE LOCATION AND SHOULD BE VERIFIED BEFORE CONSTRUCT/O~ 2 NO A~EMP7 WAS ~ADE ~Y 7HIS F/R~ TO LOCATE UNDERGROUND FOOTINGS OF BUILDINGS OR FENCES ON OR ADJACENT TO THIS SIT~ J. BEAR/NOS SHOWN HEREON REFER TO AN ASSU~ED WERIDIAN OF N 0~'29'~5" W ALONG 7HE WEST L/NE OF SAID PROPER~ 4 LEGAL DESCRIPTION WAS PROVIDED BY OLIENZ ~ SITE A~EA: 20,~95 SQUARE FEET OR 0.~7 ACRES ~ORE OR LESS. NE NE 214th 214th TERR. ST. BU-1A BU-2 BU-1 SUBJECT PROPERTY NE 215[h ST (B-13) BU-1A RU-2 NE 211th ST. iTRACT 1 I~EDICAL PLAZA 5) 208[h ST. DADE CITY OF AVENTURA COUNCIL WORKSHOP MEETING APRIL 27, 1998- 9:00 A.M. Aventura Government Center 2999 NE 191= Street Suite 500 Aventura, Florida 33180 The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Jay R. Beskin, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith and City Attorney David M. Wolpin. Commissioner Rogers-Libert was absent due to illness. As a quorum was determined to be present, the meeting commenced. Founders Recognition Committee (Commissioners Berger and Cohen): Commissioner Berger provided updated on recent Founders sub-Committee meeting. It was the consensus of Commission to request sponsorship to defray cost of Founders dinner. Sister Cities Program (Commissioner Berger): Consensus of Commission to obtain detailed information regarding Sister Cities Program for further review. 4. Proclamation Format (Commissioner Cohen): No action taken. Sunny Isles Beach Name Change (Commissioner Cohen): No action taken. Dade League of Cities: Commissioner Cohen appointed Dade League of Cities representative during his term as Vice Mayor. Comprehensive Plan Update: Gary Dickens, Ivey, Harris & Walls, Inc. reviewed proposed plan. Consensus of Commission a) to include a park in the south part of the City near Oleta River; b) hospital area be designated primarily business/office, to include a proposed park and possibility of a portion designated as residential c) northeast park site should be designated on the Gulfstream property; d) provide for Town Center designation in the Loehman's area as suggested by Planners; e) western portion of Thunder Alley from 14-acre tip west to be designated industrial, allowing commercial/business as special exception/conditional uses as approved by Commission; f) designation of eastern 14 acres of Thunder Alley as business/office, with marine/industrial uses permitted as special exception/conditional use as approved by Commission; g) northeast tip of Thunder Alley to include park; g) eliminate water taxi in plan; h) maintain urban inflll area designation as a level of service. Other Business: Consensus of Commission to add to next regular Commission meeting a motion to remove Patty Robinson from the Beautification Advisory Board. The meeting adjourned at 12:30 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on 1998. MINUTES CITY COMMISSION MEETING TUESDAY, APRIL 21, 1998 6:00 P.M. Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Phil Ward led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in this hearing were sworn in by the City Clerk. A. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR AMC THEATERS, LOCATED AT 19501 BISCAYNE BOULEVARD, TO PERMIT THE ERECTION OF ONE (1) WALL SIGN WHICH IS LARGER THAN THAT WHICH IS ALLOWED UNDER REGIONAL MALL SIGN REGULATIONS; PROVIDING AN EFFECTIVE DATE. Community Development Planner Brenda Kelley explained the request of the applicant. Mayor Snyder opened the public hearing. The following individual addressed the Commission: Phil Ward, 2525 SW 3rd Avenue, representing the applicant. There being no further speakers, the public hearing was closed. A motion for approval of the request, with the following amendment to the resolution: clarify "signs" in Section 1 as "exterior signs"; include square footage of signage approved and incorporate Application and Plans therein was offered by Commissioner Cohen, seconded by Commissioner Rogers-Libert, unanimously passed and Resolution No, 98-$$ was adopted. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A NON-USE VARIANCE TO INSTALL AN EQUIPMENT SHELTER WHICH EXCEEDS THE ALLOWED HEIGHT FOR ROOFTOP TELECOMMUNICATION EQUIPMENT AT 2875 NE 191 STREET,AVENTURA, FLORIDA; PROVIDING AN EFFECTIVE DATE. Ms. Kelley explained the request of the applicant. Mayor Snyder opened the public hearing. The following individual addressed the Commission: Ron Engele, 8046 Apple Hill Court, Orlando. There being no further speakers, the public hearing was closed. A motion for approval of the request, was offered by Commissioner Berger, and seconded by Commissioner Cohen. An amendment to the resolution to provide a Whereas clause that this approval is specific to Nextel only due to their unique technology was offered by Commissioner Perlow, seconded by Commissioner Rogers-Libert and unanimously passed. The motion for approval, as amended, was unanimously passed and Resolution No. 98-36 was adopted. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the April 7, 1998 Commission Meeting was offered by Commissioner Cohen and seconded by Commissioner Rogers-Libert. Commissioner Rogers-Libert noted that the address of Frank Wellenborg is Admirals Port Townhomes. The minutes ware unanimously approved. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None 6. SPECIAL PRESENTATIONS: Certificates of Appointment ware presented to members of the Recreation and Cultural Arts Advisory Board. 7. CONSENT AGENDA: Mr. Soroka requested addition of the following: Motion to authorize City Manager to submit a grant application for the Safe Neighborhood Parks Bond Program in order to pay for 50% of the cost off acquiring the Huber Tract for recreation/open space and to authorize negotiations to commence to acquire Huber Tract. Vice Mayor Beskin requested removal of item 7.D. and Commissioner Pelrow requested removal of item 7.C., both from the Consent Agenda. A motion to approve the items remaining on the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously passed and the following action was taken: A. Resolution No. 98-37 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN ENSENADA CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. B. Resolution No. 98-38 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN FLAMENCO TOWERS CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. The following items were removed from the Consent Agenda and addressed separately: C. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR BID NO. 97-9-30-2, AVENTURA BOULEVARD STREETSCAPE AND BISCAYNE BOULEVARD NORTHERN MEDIAN, BY AND BETWEEN THE CITY AND VlLA & SON LANDSCAPING CORPORATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 3 = A motion for approval was offered by Commissioner Perlow, seconded by Commissioner Rogers-Libert, unanimously passed and Resolution No. 98-39 was adopted. D. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE WILLIAMS ISLAND FOURTH AMENDED FINAL PLAT, SECTION 10, TOWNSHIP $2S, RANGE 42E OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Perlow and seconded by Commissioner Berger. Joseph Goldstein, Esq., 1221 Brickell Avenue, addressed the Commission. The motion passed unanimously and Resolution No. 98-40 was adopted. A motion was offered by Commissioner Berger and seconded by Commissioner Cohen to authorize the City Manager to submit a grant application for the Safe Neighborhood Parks Bond Program in order to pay for 50% of the cost of acquiring the Huber Tract for recreation/open space and to authorize negotiations to commence to acquire Huber Tract. The motion passed unanimously. PUBLIC HEARINGS: ORDINANCES - SECOND READING A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE 98-02 WHICH ESTABLISHED A RESIDENCY POLICY FOR UTILIZATION OF AVENTURA FOUNDERS PARK; BY AMENDING SECTION 1 TO FURTHER DEFINE THAT PORTION OF FOUNDERS PARK FOR WHICH A RESIDENCY POLICY IS ESTABLISHED; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Commissioner Cohen, and seconded by Commissioner Perlow. The motion for approval passed 5-2 by roll call vote with Commissioners Cohen, Holzberg, Perlow, Vice Mayor Beskin and Mayor Snyder voting yes and Commissioners Berger and Rogers-Libert voting no and Ordinance No. 98-13 was enacted. 4 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; PROVIDING FOR THE SEMI-ANNUAL APPOINTMENT OF VICE-MAYOR; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Commissioner Rogers- Libert, seconded by Commissioner Holzberg, unanimously passed by roll call vote and Ordinance No. 98-14 was enacted. 9. OTHER BUSINESS: None 10. REPORTS: As presented. 11.PUBLIC COMMENTS. The following individuals addressed the Commission: Ginger Grossman, 20100 W. Country Club Drive; and Art Grossman, 20100 W. Country Club Drive. 12.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 7:15 p.m. Teresa M Smith, 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 if made, which record includes the testimony and evidence upon which the appeal is to be based. 5 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission _~ Eric M. Soroka, City/~l.a,~r May 1, 1998 ~ Rifkin / Narragansett South Florida CATV Limited Partnership, Cable Television Franchise Agreement Ist Reading May 5, 1998 City Commission Meeting Agenda Item ..~_./~ 2nd Reading May 19, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Cable Television Franchise Agreement with Rifkin / Narragansett South Florida CATV Limited Partnership. BACKGROUND The attached Franchise Agreement represents the second such agreement with the City. Rifkin / Narragansett South Florida CATV Limited Partnership was known as Goldcoast Cable and now Cablevision Communications. They serve only Aventura Lakes at this time. The Agreement is similar to the Comcast Cable Television Franchise Agreement previously approved by the City Commission. The following represents the major points of the Franchise Agreement: Term - Ten years. It may be extended up to fifteen years provided Franchisee meets required technological improvements to the system and upgrades or rebuilds the system to maintain state-of-the-art capabilities. Insurance - Establishes requirements in accordance with the City's Cable Ordinance. Construction Bond - Establishes a $50,000 bond to insure that any damage to public property is repaired. 1 Uses of City Streets - Establishes requirements and standards. Minimum System Facilities and Technical Standards - The minimum system facilities, services and technical standards are established and outlined in the Agreement. Government Cable Services - In lieu of live or taped cablecasting of Commission Meetings, the City will receive a financial grant in the amount equivalent to the cost incurred by Comcast calculated on a prorata per subscriber basis. School Commitments - Public and private schools serving grades kindergarten through 12 in the City will be provided free cable service, internet access and educational program listings. Training programs will also be held free of charge to educate teachers about online and cable services. Access Channels - Up to two access channels will be provided to the City installed and linked to the new Government Center for the following purposes: Cablecasting Commission Meetings. Educational Purposes. Government purposes (i.e., special events, City information, and programming). Access Facilities~ Equipment and Support - Franchisee will provide the following: Funds to pumhase equipment to permit both live and delayed cablecast of all City Commission Meetings (estimated at $10,000). State-of-the-art character generator to permit transmission of public service messages from the Government Center to all subscribers. Training for City personnel to operate the equipment. Franchisee will cablecast live 12 municipal or civic events per year that are no longer than four hours in duration. Provide the City with a videocassette of every event and Commission Meetings. Provide advertising time for City sponsored events on cable channels with a value of no less than $10,000 per year. Provide studio facilities, if available, for use by the City and schools for government and access channel pregramming. 2 10. Franchise Fee - Franchisee shall pay to the City a franchise fee of 5% of gross revenues. In the event federal law changes to an amount greater than 5%, the City may request Franchisee to pay the higher amount. The franchise fees may be audited by the City. 11. Financial Records and Facilities - Establishes the right of the City to inspect Franchisee's financial records and facilities to determine compliance with the Agreement. 12. Customer Service Requirements - Requires Franchisee to comply with each of the Customer Service Requirements set forth in the City's Cable Television Ordinance. 13. Transfer and Removal of Franchise - Provides for the procedures to transfer or renew the Franchise Agreement. 14. Rates - Franchisee must provide at least 30 days prior notice to subscribers and the City to increase rates for basic cable services. Franchisee shall at all times charge nondiscriminatory rates throughout the City and will not engage in predatory pricing or any anti-competitive business practices. 15. Security Fund - Franchisee shall provide a letter of credit, bond or a security fund to cure defaults and pay any liquidated damages. 16. Enforcement Remedies - Provides specific requirements in terms of liquidated damages for failure to comply with the terms of the Franchise Agreement. 17. Area Wide - Interconnection - The City maintains the right to request Franchisee to intemonnect with any or all other cable systems in the City to permit interactive transmission and reception of program material. I would like to take this opportunity to thank Ila L. Feld, of Liebowitz and Associates, P.A., for her and the firm's guidance and assistance in this process. In addition, the representatives from Cablevision Communications should be recognized for their cooperation in the finalization of this Agreement. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0563-98 3 ORDINANCE NO. 98-.__ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CABLE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY AND NARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP (CABLEVISlON COMMUNICATIONS) AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The City Manager is hereby authorized to execute the attached Cable Franchise Agreement (the "Agreement) by and between the City and Narragansett south Florida CATV Limited Partnership (Cablevision Communications) and to do all things necessary to carry out the aims of this Ordinance. Section 2. This Agreement is hereby granted and approved. Section 3. Effective Date. This Ordinance shall take effect and be in force immediately upon its passage and adoption on second reading. The foregoing Ordinance was offered by first reading. This motion was seconded by to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder , who moved its adoption on and upon being put Ordinance No. 98-~ Page 2 The foregoing Ordinance was offered by , who moved its adoption on second reading. This motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 5th day of May, 1998. PASSED AND ADOPTED on second reading this 19th day of May, 1998. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY I)RAFr FOR DISCUSSION PURPOSES ONLY Draft Date.' =~'?~< ~'~ l CITY OF AVENTURA, FLORIDA FRANCHISE AGREEMENT TABLE OF CONTENTS Section Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Page Definitions ...................................................... 3 Grant of Franchise ............................................... 4 Term of Franchise ................................................ 4 Non-Exclusive Franchise ........................................... 5 Franchise Subject to Communications Act, State Law and Ordinance ........ 5 Franchisee Subject To Other Laws, Police Power ........................ 6 Reservation of Rights ............................................. 6 Insurance ....................................................... 6 Indemnification of the City ......................................... 7 Construction Bond ................................................ 8 Use of Streets ................................................... 9 Minimum System Facilities and Services ............................. 11 Technological Improvements to System .............................. 16 J_J_ Section 14. Section 15. Section 16. Section 17. Section 18. Section 19. Section 20. Section 21. Section 22. Section 23. Section 24. Section 25. Section 26. Section 27. Section 28. Section 29. Section 30. Section 31. Section 32. Section 33. I}RAFI' FOR DISCUSSION PURPOSES ONLY Technical Standards ............................................. 17 Proof of Performance Tests ....................................... 18 Access Channels and Facilities ..................................... 18 Commercial Leased Access ........................................ 23 Emergency Use of Facilities ....................................... 23 Lock-out Devices ............................................... 23 Closed-circuit Captioning for the Hearing Impaired .................... 24 Line Extension Policy ............................................ 24 Cable Home Wiring Commitments ....... 24 Franchise Fee ..................................................... 25 Reports and Records ............................................. 27 Right to Inspect Financial Records and Facilities ...................... 27 Customer Service Requirements .................................... 28 City Purchase of Cable System ..................................... 29 Modification of Franchise ......................................... 29 Transfer of Franchise ............................................ 29 Procedures for Requesting Approval of Transfer. 30 Renewal of Franchise ............................................ 33 Rates ......................................................... 33 Security Fund .................................................. 33 J_±£ Section 34. Section 35. Section 36. Section 37. I)RAleI' FOR DISCUSSION PURPOSES ONLY Enforcement Remedies ........................................... 36 Area wide-Interconnection ........................................ 38 Written Notice of Acceptance ...................................... 39 Execution in Counterpart ......................................... 39 DI FT FOR DISCUSSION PURPOSES ONLY CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF AVENTURA, FLORIDA ~ ~AND SOUTH FLORIDA CAT ~ N!~,'~' : ...... A FRANCHISE AGREEMENT ENTERED INTO BETWEEN THE CITY OF AVENTURA, FLORIDA, AND SOUTH FLORIDA c'~wv~ ';r wr~¢ ~ d/b/a CABLEVISION COMMUNICATIONS, PURSUANT TO THE CITY OF AVENTURA, FLORIDA CABLE TELEVISION ORDINANCE NO. 97-20 AS AMENDED BY ORDINANCE NO.98- AND GRANTING A FRANCHISE TO OWN, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF AVENTURA, FLORIDA, AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF SUCH FRANCHISE AND PROVIDING FOR REGULATION AND USE OF SUCH SYSTEM. THIS AGREEMENT, effective this day of , 1998, is by and between the CITY OF AVENTURA ("the City") and ~ ~d~x~.~.~ ~ South Florida CATV, Ltd., d/b/a Cablevision Communications ("Cablevision"). WHEREAS, pursuant to the Communications Act of 1934, as mended, 47 U.S.C. §§521 et seq., the City may grant or renew a franchise to construct, operate and maintain a cable television system; and WHEREAS, on September 2, 1997, the City Council of Aventura, Florida ("Council"), adopted Ordinance No. 97-20 as amended by Ordinance No.98- , providing for the issuance and regulation of cable television franchises for, and the installation, construction and operation of, DRAFT FOR DISCUSSION PURPOSES ONLY cable television systems within the City; and WHEREAS, Cablevision desires to obtain a franchise to construct, install, maintain, and operate a cable system in the City, and has applied to the City for the grant of such franchise; and WHEREAS, the construction, installation, maintenance, and operation of such a system involves the use and occupation of the Streets of the City, over which the City exemises governmental control; and WHEREAS, the Council has evaluated Cablevision's application in light of the requirements of Federal and State law and the Ordinance, and has conducted public hearings concerning Cablevision's request and application; and WHEREAS, the Council has relied on Cablevision's representations both oral and written and has considered all information presented to it by Cablevision, the City Manager, the City's consultants, and the public; and WHEREAS, based on said representations and information, the Council has determined that a grant of a nonexclnsive franchise to Cablevision to construct, install, maintain and operate a cable television system in the City, subject to the terms and conditions set forth herein and in the Ordinance, is consistent with the public interest; and WHEREAS, the Council determined to grant Cablevision a non-exclusive franchise to own, construct and operate a cable television system within the City, subject to the terms and conditions of the Ordinance and subject also to the City and Cablevision entering into a franchise agreement; and DRAFT FOR DISCUSSION PURPOSES ONLY WHEREAS, the City and Cablevision have reached agreement on the terms and conditions of such a franchise agreement. NOW, THEREFORE, in consideration of the City's grant of Cablevision's franchise to own, construct, install, maintain and operate a cable system within the City, and to use and occupy the Streets of the City for that purpose, and in consideration of Cablevision's promise to provide cable service to residents of the City pursuant to the Ordinance and under the terms and conditions set forth herein, and in consideration of the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which is hereby acknowledged, the franchise is hereby granted and THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS: Section 1. Definitions.. Except as otherwise provided herein, the definitions in Section 3 of Ordinance No. 97-20 as amended by Ordinance No.98- of the City of Aventura, Florida, shall govern this Franchise Agreement. In addition, the following definitions shall apply: A. Ordinance shall mean Ordinance No. 97-20 and all amendments thereto, including but not limited to, of the City of Aventura, Florida and as said Ordinance has on may hereinafter be amended. B. Franchisee or Cablevision shall moan .~E~..._~.~ c~ ~R~P] ~d im lawful and ~itted successom, assig~ ~d ~sferees pursuant to 3 Sections 29 and 30 of this Agreement and No.98- of the City of Aventura, Florida. C. DRAI¢I? FOR DISCUSSION PURPOSES ONLY Ordinance No. 97-20 as amended by Ordinance Franchise Area shall mean the entire area within the legal boundaries of the City, and such other areas as may hereinafter be annexed or incorporated by the City during the term of the franchise. D. Notice to the cable operator shall be deemed effective upon receipt. Notice to the City shall be effective upon receipt by the City Manager. E. Gross Revenues on which franchise fee payments to the City are calculated shall be defined as provided for in Section 3(T) of Ordinance No. 97-20 as amended by Ordinance No.98- Section 2. Grant of Franchise. A. Subject to the terms of this Franchise Agreement and Ordinance No. 97-20 as amended by Ordinance No.98- , the City hereby grants Franchisee a franchise for the fight and pfivile~ge to own, construct, install, maintain and operate a cable television system within the Franchise Area. B. The cable system herein franchised shall be used and operated only for the purposes of providing cable television services unless and until franchisee obtains written authorization from the City Manager to provide other servicesl including but not limited to, telephony and non-cable video services, unless the City is otherwise prohibited by applicable law from the exercise of such authority, if~i;~i~e ,t ~t ~ DRAFT FOR DISCUSSION PURPOSES ONLY C. Franchisee agrees that in no event shall it incorporate the length of time for which a franchise is granted by the City as a term or condition within any contract or other agreement to provide cable service to a subscriber(s) other than the City. Failure to comply with this Subsection shall be considered a material breach of this agreement. Section 3. Term of Franchise. This franchise shall be for a period of ten (10) years unless otherwise sooner terminated or otherwise extended in accordance with the terms of this Franchise Agreement. The franchise shall commence upon the date that Franchisee provides the City with the written acceptance required by Section 36 hereof, which must occur within thirty (30) calendar days from the date of the Council resolution approving the grant of the franchise. This Franchise Agreement is subject to all other requirements and conditions set forth in this Franchise Agreement and in Ordinance No. 97-20 as amended by Ordinance No.98- of the City for a grant of a franchise to become effective, except to the such requirements are modified or waived as expressly set forth herein. Section 4. Non-Exclusive Franchise. The Franchisee's right to use and occupy the Streets shall be non-exclusive, and the City 5 DRAFT FOR DISCUSSION PURPOSES ONLY reserves the right to grant a similar or other use of said Streets, or any portions thereof, to any person, including the City, at any time during the term of this Franchise Agreement. Section 5. Franchise Subject to Communications Act, State Law and Ordinance. A. This Franchise Agreement is subject to and shall be governed by all terms, conditions and provisions of the Communications Act, any amendments thereto, and any other applicable provision of Federal, State or local law, existing or hereafter adopted. B. This Franchise Agreement is subject to and shall be governed by all terms, conditions and provisions of Ordinance No. 97-20 as amended by Ordinance No.98- of the City in effect as of the date of the resolntion granting this franchise, in addition to the terms, conditions and provisions set forth in this Franchise Agreement. Section 6. Franchisee Subject To Other Laws, Police Power. A. The Franchisee is subject to and agrees to comply with all applicable local, city, State and Federal laws, ordinances, rules, regulations and orders. B. The Franchisee shall at all times be subject to all lawful exercise of the police power of the City, and this Agreement is not intended to limit the City's exercise of such power in any way. Section 7. Reservation of Rights. A. It is explicitly understood that this Franchise Agreement shall be construed in accordance with the laws of the State of Florida and Federal law, including, but not limited to, the rules and regulations promulgated by the Federal Communications Commission. 6 DRAFT FOR DISCUSSION PURPOSES ONLY B. The City reserves the right to adopt and incorporate by reference herein, by ordinance, any additional terms, conditions, or regulations as it shall find necessary in the lawful exercise of its powers as granted by the Constitution of the State of Florida. Additional regulations adopted by the City shall be incorporated into this Franchise Agreement and complied with by Franchisee within thirty (30) days of the date of adoption of such additional regulations. C. The City reserves the right to acquire, purchase, own and/or operate a cable system to the extent permitted by local, state and federal law. Section 8. Insurance.. A. Franclfisee shall obtain and maintain insurance of the types and minimum amounts required in Section 11 of Ordinance No. 97-20 as amended by Ordinance No.98- in such a manner as to comply with each and every requirement of that Section. B. The Franchisee shall provide proof to the City Manager of compliance with this Section no later than sixty (60) days from the date of the Council resolution approving the grant of the franchise. Failure to provide the City Manager with proof of insurance within the prescribed time period will render this Franchise Agreement and the grant of the franchise null and void without further action by the City. Section 9. Indemnification of the City. Pursuant to Section 11 of Ordinance No. 97-20 as amended by Ordinance No.98- Franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its officials, boards, commissions, commissioners, agents, and employees, against any and all claims, 7 DRAFT FOR DISCUSSION PURPOSES ONLY suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the construction, maintenance or operation of its cable system, the conduct of Franchisee's business in the City, or in any way arising out of the Franchisee's enjoyment or exercise of a franchise granted hereunder, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Ordinance or a franchise agreement, provided, however, that Franchisee's obligation hereunder shall not extend to any claims caused by the misconduct or sole gross negligence of the City, its officials, boards, commissioners, agents or employees. This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings; and claims arising out of copyright infringements or a failure by the Franchisee to secure consents from the owners, authorized distributors, or providers of programs to be delivered by the cable system, claims arising out of Section 638 of the Communications Act, 47 U.S.C. 558, and claims against the Franchisee for invasion of the fight of privacy, defamation of any person, fn'm or corporation, or the violation or infringement of any copyright, trade mark, trade name, service mark or patent, or of any other fight of any person, firm or corporation. In addition, this provision is applicable to any and all claims filed by third parties in any manner related to or arising under Section 11 of Ordinance No. 97-20 and any amendments thereto of the City. Notwithstanding the foregoing, Franchisee may select counsel to represent the City. City agrees to notify Franchisee, in writing, within ten (10) days of City receiving notice, of any issue it determines may require indemnification. Nothing in this section shall prohibit the City from participating in the defense of any litigation by its own 8 FOR DISCUSSION PURPOSES ONLY counsel and at its own cost if in the City's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing in the provision shall be construed to affect in any way the City's rights, privileges, and immunities as set forth in Section 768.28, Florida Statutes. Section 10. Construction Bond. Pursuant to Section 13 of Ordinance No. 97-20, at the City Manager's request, prior to any cable system construction, upgrade, rebuild or other significant work in the streets, Franchisee shall furnish a construction bond in favor of the City in the amount of Fifty Thousand Dollars ($50,000.00). If such construction bond is not funfished to the City ten (10) days prior to the start of any such construction, construction shall be delayed until such time as the construction bond is provided in a form acceptable to the City Manager. The construction bond must be approved by the City Manager or his/her designee, which approval shall not be unreasonably withheld. The construction bond shall be maintained until said construction work hereof is completed and for a period not to exceed six (6) months thereafter. Franchisee shall notify the City Manager in writing when it believes the construction has been completed. Section 11. Use of Streets. A. Franchisee agrees at all times to comply with and abide by all applicable provisions of the City Code. B. All of Franchisee's cable system distribution facilities shall be installed and maintained underground to the extent required by Section 21(I) of Ordinance No. 97-20. 9 FOR DISCUSSION PURPOSES ONLY C. Franchisee shall utilize, with the owner's permission, existing conduits, poles, or other facilities whenever feasible. The Franchisee has the duty and the responsibility to obtain or establish the existence of an easement or dedication for its use. Copies of agreements for use of conduits or other facilities shall be filed with the City, pursuant to Section 21(E) of Ordinance No. 97-20. D. All of Franchisee's transmission lines, equipment, structures and other facilities shall be installed, located and maintained so as to cause minimum interference with the rights and convenience of property owners. The City may issue such roles and regulations concerning the installation and maintenance, of a cable system installed in, on, or over public Streets, as may be consistent with the Ordinance. E. All safety practices required by applicable federal, state or local law or accepted industry practices and standards shall be used during construction, maintenance and repair of the cable system. F. As required by the City, and upon receipt of written notice from the City, Franchisee shall remove, relocate, replace or modify at its own expense (except as otherwise required by law) its facilities within any public Street for the reasons set forth in Section 21(B) of Ordinance No. 97-20. G. Franchisee shall obtain any required permits and pay any required fees before commencing any construction on or otherwise disturbing any private property or public Streets as a result of its construction or operations. Franchisee shall, at its own expense, restore such property 3-0 DRAFT FOR DISCUSSION PURPOSES ONLY pursuant to the requirement of Ordinance No. 97-20 as amended.. If such restoration is not performed in a reasonable and satisfactory manner within thirty (30) calendar days, the City may, after prior written notice to Franchisee, cause the repairs to be made at Fmnchisee's expense pursuant to Section 21(A) of Ordinance No. 97-20. H. If the City is required to perform emergency Street work requiring relocation of Franchisee's facilities in the Streets, then Franchisee shall reimburse the City for its reasonable costs associated with such relocation. In the event that they City receives reimbursement from Metro-Dade County for such work, it is hereby agreed that Franchisee's payment obligation to the City shall be reduced by that amount received by the City from the Count)'. I.. Franchisee shall not place facilities, equipment or fixtures where they will unreasonably interfere with any other companies lawfully using the public rights-of-way serving the residents of the City. All such facilities, equipment or fixtures placed in any public Street or public right-of-way shall, to the best of the Franchisee's ability, be placed close to the line of the lot abutting on the public Street, in a manner so as not to interfere with use of the public Street. Section 12. Minimum System Facilities and Services. A. Pursuant to Section 14 of Ordinance No. 97-20 as amended by Ordinance No. 98- , Franchisee's cable system shall, at a minimum, (1) be able to pass frequencies of at least 750 MHZ; (2) have a minimum channel capacity of at least seventy-eight (78) video channels; (3) have at least two (2) activated downstream video channels; (4) have two-way interactive capability; and (5) upstream video channel capacity to the headend from the locations specified herein, and in DRAFT FOR DISCUSSION PURPOSES ONLY the amount necessary to satisfy, the access channel requirements set forth in Section 16 hereof. B. Franchisee further agrees to provide cable service, without charge, to the City buildings as set forth in Exhibit A to this Franchise Agreement, and to all buildings of the City that may be constructed or opened within the City or annexed areas during the term of this Franchise Agreement. Where Franchisee~s plant is the closest franchised cable operator to a specified facility, such service shall include the basic cable service tier and all programming offered on the cable programming service tier including any additional programming added to those two levels of service, to the extent a separate charge is not associated with such additional programming. C. School Commitments. At such time as any public or private school serving any grades K-12 (as required in Tire I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 421 et seq, as amended) is to be constructed within the territorial botmdary of the City, Franchisee hereby agrees to provide, at minimum, the products and services described in Section 12(C)(1-7) herein. Where Franchisee receives prior notice of the construction, Franchisee shall cooperate with the builder to install all cable related facilities during construction so as to allow for activation of cable services simultaneous with occupancy of the building. Notwithstanding anything to the contrary, where Franchisee's plant is the closest plant to the school site, Franchisee shall comply with the requirements of Section 12(C)(1-7) herein within sixty (60) days of receiving a request from the City Manager or his designee. 1. Franchisee shall, at a minimum, provide a service connection at one outlet 12 FOR DISCUSSION PURPOSES ONLY in all public and private schools grades K-12 (as defined in Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 421a et seq., as amended), where Franchisee's plant is the closest franchised cable operator to a specified school. Such connections will be made free of charge and as promptly as possible to all unserved schools requesting such a connection. Upon request, Franchisee will provide, at Cost, such a service connection to any other unserved K-12 public and private (as defined in Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 421a et seq., as amended) school located within the City. If any intemal wiring installation is requested to serve additional outlets in any school, it will be provided at Cost; provided, however, that such internal whSng will be provided without charge if Franchisee is able to coordinate with other comparable electrical wiring installation in cases of new construction or substantial rehabilitation of existing schools in the City. 2. Any public or private school connected pursuant to subparagraphs 1 or 2 may elect to install its own internal wiring (provided such wiring meets required technical specifications)~li!~!i~ ~g~i and to bear the cost thereof. Free BST and free CPST service will be provided to each outlet in all connected public and private schools. 3. Franchisee will provide free educational program listings equal to the number of outlets to each connected school. Additional copies of such program listings will be provided, if requested by a school. Such educational program listing will identify and describe programming on Franchisee's system that is appropriate for use in the classroom and will provide suggested 13 DRAFT FOR DISCUSSION PURPOSES ONLY curriculum support ideas. 4. Franchisee will provide to each connected school materials for teachers that explain the educational applications of Franchisee's broadband cable systems and services. The materials will be provided to all connected schools. Additional copies of such materials will be provided, upon request. 5. Within twelve months after Franchisee or any parent, affiliate or subsidiary makes an on-fine service for personal computers commercially available on a system serving Dade, Broward or Palm Beach Counties, Franchisee will, upon request by the City Manager, provide schools within the City with at minimum one free connection per floor to such on-line service. At a minimum, such on-line service will prowde ~d~ access to the Intemet. cable modems ~ ~'~.~er-.,~,~.~ [6,§ support and services (for example, assisting connected schools in setting up and maintaining reliable Intemet connections), will be provided to connected schools, upon request. ,a ....... ~ ~ua~ ~.~" addition, no less than once per year Franchisee will conduct or sponsor a training program in th~, Dade. ~,n~,~?/t~ ..... ..,~ ~ ......... area to educate teachers about its on-fine service and to provide connected schools with an opportunity for hands-on training. 6. Upon request, one municipal building will rece~ ve ~ ~ ~.,..~ one free 14 DRAFT FOR DISCUSSION PURPOSES ONLY connection to on-line se~i~ m~mum, such on-line se~i~ will provide [f~ ~~ ~0~ suppo~ ~d se~ices will ~ provided to 7. Fr~chisee agrees not to s~k to r~over ~e cost for ~ese connections ex~m~ or o~er costa. 8. No~ng here~ sh~l preclude Fr~chs~ ~om pro'A~ng benefiB to schools which exc~d ~ose provided herein. D. All video sign,s re~ived for mns~ssion ~at con~n closed circuit captioning information for ~e he~ng impak~ sh~l in turn con~n such info~on in ~e fora re~ived when ~s~ by ~e c~le operator to ~e subscfi~m of ~e system. E. Fr~chisee's sys~m shah ~ capable of ~ans~ffing, ~d sh~l ~s~L to subscribers ~y stereo sign,s ~d any o~er form of adv~ced ~levision sign,s ~iv~ ~d c~ed by ~e sysmm in ~e form received. F. Fr~chisee sh~l ~e aff~mafive, econo~c~ly fe~ible s~s to ensue m~imum availability of ~e services ~d facilities of ~e sys~m, including wight li~mfion all access channel se~ices ~d facilities, to h~capped ~mons, inclu~ng h~g imp~red persons. Fr~chs~ sh~l comply fully wi~ ~1 applicable laws concerning h~c~ or disabled ~rsons, DRAICT FOR DISCUSSION PURPOSES ONLY and shall indemnify and hold the City harmless from any suit, claim, or demand against it for violation of such laws that arises from Franchisee's provision, or failure to provide, services in conformity with such laws. G. The Franchisee and the City recognize that the technology of cable systems and the services available are advancing at a rapid rate. Thus, Franchisee hereby agrees to provide the City and its subscribers, during the term of this agreement, with at minimum, comparable technology, products, services, and benefits which are provided by the Franchisee, or its parent, any subsidiary or affiliate to any other community, in Dade or Broward County. H. In lieu of being responsible for wiring each and every floor and installing all facilities necessary for live cable-casting from the new City complex, Franchisee agrees to provide the City with a financial grant in the amount equivalent to the cost incurred by the franchisee responsible for the afomstated wiring and mstallatton ~ }I. Upon the request of the City Manager, the Franchisee shall lease, on the same terms and conditions as provided to any other franchising authority or community served by the same system, but in no event in an amount greater than the actual cost basis to the Franchisee, such up and downstream capacity on the cable system as may be required to allow the City to collect data from subscribers for purposes not competitive with services offered by Franchisee, including, but not limited to, reading water meters, to the extent such capability is available. The Franchisee shall allow the City to co-locate necessary equipment with the cable system and to interconnect such 3_6 FOR DISCUSSION PURPOSES ONLY equipment into the cable system, at the City's cost, provided said equipment does not interfere with the cable system's technical integrity. Section 13. Technological Improvements to System. A. The Franchisee and the City recognize that the technology of cable systems and the services available are advancing at a rapid ram. Thus, Franchisee hereby agrees to provide the city and its subscribers, during the term of this agreement, with at minimum, comparable technology, products, services, and benefits which are provided by the Franchisee to any other community, served from the same beadend as the City, and within six (6) months, any technology, products sen,ices and benefits wbdch are provided by the Franchisee to any City and any subscribers in Dade and Broward County. For purposes of this Section, Franchisee shall not be obligated to offer within the City any technology being listed among less than five hundred (500) subscribers in another community. B. Upon request of the City, after the fifth anniversary but prior to the seventh annual anniversary of the Franchise herein granted the Franchisee shall, but not more than annually, report in writing to the City Manager, in a form satisfactory to the City Manager, on technological advances and the availability of new and enhanced services for cable systems. The report shall state what plans, if any, the franchisee has for the upgrade or rebuilding of its cable system to the State-of-the-Art. The report shall also contain an analysis of the impact of updating the cable system to include new advances upon the franchisee's technical plant, customer service, subscriber rates, and the Franchisee's financial capabilities. To the extent known by Franchisee, the franchisee 3_7 DRAICY FOR DISCUSSION PURPOSES ONLY shall also provide the City Manager with a comparison of the services, facilities and technologies utilized by Franchisee or any parent, affiliate or subsidiary of Franchisee or system as defined in or any other MSO, including a list of each jurisdiction in which new technologies have been used or where cable television systems are being upgraded to include new technologies and provide new services, and an assessment of the costs associated with implementing the new technologies with the City. C. In the event that Franchisee, pursuant to Section B above, provides to the City and the City accepts a plan to activate an upgrade or rebuild the system to State-of-the-Art no later than the ninth anniversary of the date hereof, Franchisee and the City bemby agree to extend the term of this franchise from ten (10) years to fifteen (15) years from the effective date hereof. Section 14. Technical Standards. Franchisee shall maintain and operate its cable system, at a minimum, in full compliance with FCC regulations and Ordinance No. 97-20 as amended by Ordinance No.98- . Franchisee shall further comply with each of the following requirements: A. All antennas, supporting structures, and outside plant used in operating and maintaining Franchisee's cable system within the City shall comply with all generally accepted industry standards and all applicable federal, state, county, City and/or utility laws, ordinances, roles, regulations and applicable lease agreements relating to tower structures and outside plant. B. All construction, installation and maintenance of Franchisee's cable system shall comply with the National Electrical Safety Code, the National Electrical Code, all applicable state 3_8 DR&FI' FOR DISCUSSION PURPOSES ONLY and local laws and regulations, and accepted industry practices. C. Franchisee's cable system shall, at a minimum, meet or exceed all technical and signal qUality standards of the FCC and the National Cable Television Association, including such smdards as hereinafter may be adopted or promulgated. Section 15. Proof of Performance Tests. Franchisee shall perform, at its expense, the proof of performance tests as required by Section 15 of Ordinance No. 97-20 and amendments thereto to demonstrate compliance with the requirements of that Section, this Franchise Agreement, FCC standards, and the standards of Good Engineering Practices for Measurements on Cable Systems, published by the National Cable Television Association. Upon written request, Franchisee will provide proof of performance test results within thirty (30) days to the City Manager. Franchisee will provide the City Manager at least ten (10) days advance written notice of when a proof of performance test is scheduled so that the City may have an observer present. Section 16. Access Channels and Facilities. A. Access Channel Capacity. Franchisee shall provide to the City, at least one (1) and a maximum of two (2) activated downstream access channels and at least one (1) and a maximum of two (2) activated upstream channels on the system which the City may elect to use, in whole or in part, for video and audio services solely for educational and/or governmental access use at the City's discretion on the following terms and conditions: 1. Upon written request of the City Manager, Franchisee agrees that it will 19 DRAFT FOR DISCUSSION PURPOSES ONLY cablecast all City Council meetings taped, or at the City Manager's discretion, live on the cable system and provide tapes of such meetings to the City Manager, other cable operators or residential developments as requested by the City at cost. 2. As of the effective date hereof, Franchisee shall provide one dedicated access channel. The channel shall be activated from a location designated by the City. If at any time the initial Channel is programmed during at least six (6) hours per day with locally produced programming, Monday through Friday for four (4) consecutive weeks, Franchisee shall, without charge, at the request of the City, provide the City with a second Access Channel. Both parties agree the computer generated messaging shall not count toward the six (6) hours per day programming test. In the event the programming on the fkst access channel falls below the specified level for a period of eight consecutive weeks, then City agrees that Franchisee shall have the right to deactivate the second access channel. 3. Franchisee's system shall be configured so that any programming delivered to the system on any upstream channel required hereunder may be delivered downstream on the system on any of the activated downstream access channels required or from such other access facilities in Dade County as may be provided by Franchisee that are technically and financially feasible. 4. The access channels to be provided to the City as set forth above may be allocated by the City to any or all categories of access use (educational or governmental) at the sole 20 DRAFT FOR DISCUSSION PURPOSES ONLY discretion of the City. 5. Franchisee shall make available all necessary headend and system electronic and distribution equipment so that any programming transmitted upstream on any upstream channel from any origination location designated by the City Manager pursuant to Section 16 hereof may be transmitted downstream to all subscribers on any of the downstream access channels provided pursuant to Section 16hereof. The Government Center and the other upstream origination locations designated pursuant to Section 16 hereof will be linked to the beadend by the most technically feasible and cost effective means, Franchisee will make available the necessary system electronic and distribution equipment to Franchisee's headend and distribution system to make possible the live cablecasting of the programming from a location designated by the City. In the alternative Franchisee shall interconnect its system with any system carrying live programming so as to allow distribution of the live signal to all of Franchisees subscribers in the City. 6. In addition to the foregoing provlslons[~ ~n ~ ~$~ ~ i~r~ ~] Franchisee agrees to provide the City with the technical ability to transmit programming over the access channels to subscribers within the City directly from 7. Franchisee agrees that all access channels will be provided to subscribers on the system as a part of basic service and that, if such information is supplied to Franchisee or known 21 I)RAFr FOR DISCUSSION PURPOSES ONLY by Franchisee pursuant to its responsibilities under Section 16 hereof, Franchisee will publicize programming on the access channels as a part of any ordinary printed program listings it provides or will include access channel programming listings in any monthly program guide sent to subscribers, provided that information conceming access channel programming is provided to or becomes known to Franchisee within the time that other programmers are required to provide such information for inclusion in such program listings or program guide. B. Access Facilities, Equipment and Support. 1. Franchisee, at Franchisee' s sole expense, obtain agreements from other cable Franchisees and shall provide all facilities, equipment, cabling and Iralned personnel necessary to interconnect Franchisees system with all other Franchise's systems in the City so as to permit both live and delayed cablecast of all City Council meetings and other City or public meetings, events and programs held at a location to be designated by the City, to all subscribers in the City. The system electronic and distribution facilities and equipment and cabling provided by Franchisee shall be State-of-the-Art and of sufficient quality and performance specifications to enable all material cablecast on the access channels provided pursuant to this Agreement to meet all video and audio signal quality standards adopted by the FCC when transmitted downstream to subscribers, including any such standards as may be adopted or amended during the term of this Franchise Agreement and to provide comparable video and audio signal quality to the programming provided generally by the Franchisee on the system when transmitted down-stream to subscribers. It is understood that Franchisee shall be responsible for maintaining all such equipment in good repair 22 DRAFT FOR DISCUSSION PURPOSES ONLY and operational condition, at Franchisee's expense. Further, to the extent required to maintain State-of-the-Art production quality, the City reserves the right to require Franchisee to replace all such facilities, equipment and cabling. 2. In addition to the City Council meetings, the City Manager may designate up to a maximum of twelve (12) municipal or civic events ("Designated Municipal Event") per year that are no longer than three hours each that Franchisee shall cablecast live on the First Access Channel. The City Manager shall notify Franchisee in writing of each such Designated Municipal Event, and its place and time, no less than two (2) weeks before each such event is held. Franchisee shall periodically replay each such Designated Municipal Event on the Access Channel, and subscribers shall be informed of the replay schedule as provided in Section 16 hereof. Upon five (5) days prior notice, Fmchisee shall further replay such Designated Municipal Events at the times requested by the City Manager. Franchisee shall also provide the City with a videocassette copy of every Designated Municipal Event and Council Meeting. In addition, Franchisee agrees to provide the City with at minimum 500.30 second spots to advertise municipally sponsored events during reasonable viewing periods with a value of not less than Ten Thousand Dollars ($10,000) per year during each year of the term of this Agreement. The value of said time shall be calculated 3. The City may cablecast character generated information on a designated Access Channel from the location designated at any time of its choosing. 4. Subject to availability, franchisee shall make any studio facilities, that it 23 DRAFT FOR DISCUSSION PURPOSES ONLY operates in Dade and Broward County during the term of this agreement as well as a remote production truck, available for use by the City and area educational institutions for non-commercial government and educational access programming. 5. Franchisee hereby agrees to provide to the City a grant in the amount of Ten Thousand Dollars ($10,000) to he paid to the City no later than within forty-five (45) days of the Council annroval of thi~ Franahi~ .1.a an adcl:t:nnal nawm~nt ~F :x : ~s~,~ad payment shall be remitted to the City annually and accompanied by a eertified statement of the number of subscribers in the City served by the Franchisee. 6. Franchisee hereby agrees that the facilities, equipment, services,, and all other support to be provided by Franchisee pursuant to Section 12(I) and this Section 1~ constitute capital costs which are required by the franchise to be incurred by Franchisee for public, educational, or governmental access facilities within the meaning of Section 622(g)(2)(C) of the Communications Act, 47 U.S.C. § 542(g) (2) (C); that such grant does not constitute a franchise fee within the meaning of Communications Act, State law, Ordinance No. 97-20 and amendments thereto, or this Franchise Agreement; and that Franchisee hereby waives, and will not assert in any proceeding, any claim to the contrary. Section 17. Commercial Leased Access. Franchisee shall provide commercial leased access channels as required by Federal law. I)RAI FOR DISCUSSION PURPOSES ONLY Section 18. A. B. Emergency Use of Facilities. Franchisee shall comply with all FCC rules on emergency use of facilities. Franchisee shall provide standby power generating capacity at the cable system headend and be capable of providing at least two (2) hours of emergency power supply. Standby batteries, capable of providing at least two (2) hours of emergency power, shall be installed in the cable distribution plant. Section 19. Lock-out Devices. Franchisee shall make available at reasonable charge to any residential subscriber, upon the request of such subscriber, a "parental guidance" or "lock-out" device which shall permit the subscriber, at his or her option, to eliminate the audio and visual transmissions from any channel reception to the extent technically feasible. Section 20. Closed-circuit Captioning for the Hearing Impaired. Franchisee shall make available at a reasonable charge to any hearing-impaired residential subscriber, upon the request of such subscriber, any equipment beyond the subscriber's equipment capable of decoding closed-circuit captioning information for the hearing impaired. Section 21. Line Extension Policy. A. Upon request and payment of all applicable charges, and provided that the requesting person gives Franchisee access to his or her premises in order to furnish, maintain and continue to offer service to that person, Franchisee shall, throughout the term of this Agreement, promptly furnish, maintain, and continue to provide all services distributed over the system to any person at 25 DRAFT FOR DISCUSSION PURPOSES ONLY his or her place of residence or commercial location where Franchisee's plant is the closest activated plant to the location. Section 22. Cable Home Wiring Commitments. A. At minimum, Franchisee shall comply with all FCC rules regarding cable home wiring, as amended from time to time. 1. Upon commencement of service, and annually thereafter, Franchisee will notify customers of their rights and options relating to cable home wiring, pursuant to applicable law. Section 23. Franchise Fee. A. In consideration of the privilege granted herein to use and occupy the Streets to own, construct, install, maintain and operate its cable system, Franchisee shall pay to the City a franchise fee equal to either (1) five percent (5%) of its gross revenues as defined in Section 03 of Ordinance No. 97-20 as amended by Ordinance No. 98- ; or (2) if a change in law increases the maximum allowable percentage to an amount greater than that specified in (1) above, that higher amount provided however, that such increase is af£u~natively imposed by the City after a public hearing at which both the public and Franchisee are allowed to comment on the impact of the higher fee. Franchisee will pay to the City such higher amount effective with the next available billing cycle in which the higher charge may be placed on subscribers bills. Franchisee shall calculate gross revenues for purposes of determining the franchise fee owed in accordance with Generally Accepted Accounting Principles (GAAP), Franchisee may subtract its actual bad debt expense DRAFT FOR DISCUSSION PURPOSES ONLY determined in accordance with Generally Accepted Accounting Principles (GAAP) for the relevant period from gross revenues, provided, however, that any bad debt subsequently collected shall be included in gross revenues in the period in which the bad debt is collected. B. Franchisee shall pay the franchise fee to the City in full compliance with the requirements set forth in Section 17 of Ordinance No. 97-20 as amended. C. The quarterly statements required to be filed by the Franchisee with the City pursuant to Section 17 (D) of Ordinance No. 97-20 as amended by Ordinance No. 98- shall be audited and reported on by certified public accountant or certified as true and correct by a duly authorized financial officer of Franchisee. Franchisee shall bear the cost of the preparation of such statements. D. The acceptance by the City of any payment from Franchisee of the franchise fee shall not constitute a release or an accord and satisfaction of any claim the City may have against Franchisee for performance of any of its obligations under Ordinance No. 97-20 and amendments thereto, this Franchise Agreement, or local, State or Federal law, including, without limitation, Franchisee's obligation to pay the proper franchise fee amount owed, subject, however, to applicable statute of limitations, if any. E. Following the expiration or the termination for any reason of its franchise, Franchisee shah pay the franchise fee owed as of the date that its operations ceased within ninety (90) calendar days of ceasing such operations. Such payment shah be accompanied by a gross revenues audit report prepared by a certified public accountant showing the revenues received by 27 DRAFT FOR DISCUSSION PURPOSES ONLY Franchisee since the end of the previous fiscal year. F. Franchisee expressly agrees that: (i) the franchise fee payments to be made pursuant to this Section shall not be deemed to be in the nature of a tax; (ii) such franchise fee payments shall be in addition to any and all taxes of a general applicability and not applicable solely to cable television operations within the City or other fees or charges which Franchisee shall be required to pay to the City or to any state or federal agency or anthofity, as required herein or by law, all of which shall be separate and distinct obligations of Franchisee; (iii) Franchisee shall not have or make any claim for any deduction or other credit of all or any part of the amount of said franchise fee payments from or against any of said City taxes or other fees or charges of general applicability which Franchisee is required to pay to the City, except as agreed herein or required by law; (iv) Franchisee shall not apply nor seek to apply all or any part of the amount of said franchise fee payments as a deduction or other credit from or against any of said City taxes or other fees or charges of general applicability, each of which shall be deemed to be separate and distinct obligations of Franchisee; (v) Franchisee shall not apply or seek to apply all or any part of the amount of any of said taxes or other fees or charges of general applicability as a deduction or other credit from or against any of its franchise fee obligations, each of which shall be deemed to be separate and distinct obligations of Franchisee; and (vi) the franchise fee specified herein is the minimum fair market value for the grant hereunder of a franchise for use of the Streets, including all public easements, public rights-of-way and other entitlement to use, occupy or traverse public property, for the purpose of operating a cable television system. 28 DRAFT FOR DISCUSSION PURPOSES ONLY Section 24. Reports and Records. Upon request of the City Manager or his designee, Franchisee shall furnish the City Manager with all of the information as required under Sections 17 and 18 of Ordinance No. 97-20 as amended by Ordinance No. 98- Section 25. Rieht to Inspect Financial Records and Facilities. A. Franchisee shall maintain a complete set of books and records, including plans, contracts, engineering, accounting, financial, statistical, customer and service records as required under Sections 17 and 18 of Ordinance No. 97-20 as amended by Ordinance No. 98- B. Pursuant to Ordinance No. 97-20 as amended by Ordinance No. 98- , the City shall have the right to inspect, at Franchisee's local office, the books and records specified in subsection 25(A) hereof and such other records as may be required by the City to perform its regulatory responsibilities under Ordinance No. 97-20 and amendments thereto or applicable Federal law. The City agrees to carry out any such inspection during Franchisee's normal business hours and upon reasonable notice. Access by the City to perform its regulatory responsibilities to Franchisee's books and records shall not be denied on grounds that such books and records contain proprietary or confidential information. C. The City shall accord all books and records that it inspects under this Section the degree of confidentiality such books and records are entitled to under Federal and State law. Franchisee's books and records shall not constitute public records, except to the extent required by Federal and State law. To the extent Franchisee considers any books or records that it is required 29 DRAFT FOR DISCUSSION PURPOSES ONLY to produce to be confidential or otherwise protected from public disclosure, Franchisee shall designate which documents it views as protected and provide a written explanation to the City of the legal basis for Franchisee's claim of protection. D. Pursuant to Ordinance No. 97-20, the City shall have the right to inspect Franchisee's facilities and property during Franchisee's normal business hours and upon reasonable notice. Section 26. Customer Service Requirements. Franchisee agrees to comply with each of the customer service requirements set forth in Section 18 of Ordinance No. 97-20 as amended by Ordinance No. 98- Section 27. City Purchase of Cable System. The City may, upon the recommendation of the City Manager and the approval of the Council, acquire ownership of and operate Franchisee's cable system in accordance with Section 31 of Ordinance No. 97-20. Section 28. Modification of Franchise. Franchisee shall file an application with the City Manager for any modification of its franchise pursuant to Section 9 of Ordinance No. 97-20 as amended. The application shall fully conform with each of the requirements set forth in that Section that apply to applications for modification. Section 29. Transfer of Franchise. A. Franchisee shall not directly or indirectly assign, sell or transfer its franchise, or any right, title, or interest in same, this Franchise Agreement, or its cable system, nor shall any 30 DRAI FOR DISCUSSION PURPOSES ONLY ownership interest or any other form of control of Franchisee or any lawful successor be transferred, assigned, directly or indirecfly, without prior written notice to and approval of the City. In determining whether to approve a transfer, the City will consider the factors set forth in Section 23 of Ordinance No. 97-20. However, in the event that an entity having a controlling interest of the Franchisee desires to transfer the franchise to another affiliated entity whose ownership is controlled by the same entity, the City hereby agrees to designate such transaction a pro forma transfer pursuant to Section 23(C) of Ordinance 97-20. B. Franchisee shall file an application to transfer its franchise or to transfer control of Franchisee in full compliance with Sections 9 and 23 of Ordinance No. 97-20 as amended by Ordinance No. 98- Section 30. Procedures for Requesting Approval of Transfer. In addition to the requirements set forth in Sections 9 and 23 of Ordinance No. 97-20 as amended by Ordinance No. 98- , the following procedures shall be followed by Franchisee in requesting the City's consent to transfer its franchise or to transfer control of Franchisee. A. At least one hundred twenty (! 20) calendar days prior to the contemplated effective date of a transfer, Franchisee shall submit to the City Manager an application for approval of the transfer. Such application shall include the following: 1. A statement of the reason for the contemplated transfer. 2. The name, address and telephone number of the proposed transferee. 3. A detailed statement of the corporate or other business entity organization 31 DRAFT FOR DISCUSSION PURPOSES ONLY of the proposed transferee, including but not limited to the following: (a) The names, business addresses, state of residence and country of citizenship of all general partners and/or coq?orate officers and directors of the proposed transferee. (b) The names, business addresses, state of residence and country of citizenship of all persons and entities having, controlling, or being entitled to have or control ten percent (10%) or more of the ownership of the proposed transferee and the respective ownership share of each such person or entity. (c) The names and addresses of any subsidiary of the proposed transferee and of any other business entity owning or controlling in whole or in part or owned or controlled in whole or in part by the proposed transferee. (d) A detailed and complete financial statement of the proposed transferee, prepared by a certified public accountant if audited statements were made, and if not, by a duly authorized financial officer of the proposed transferee, for the three (3) fiscal years immediately preceding the date of the request for transfer approval, and a letter or other acceptable evidence in writing from a duly authorized officer of the proposed transferee setting forth a clear and accurate description of the amount and sources of funding for the proposal transaction and its sufficiency to provide whatever capital shall be required by the proposed transferee to construct, install, rebuild, maintain and operate the proposed system in the City. If the coq?orate or business entity organization of the proposed transferee has not been in existence for a full three (3) years, the proposed transferee shall submit a certified financial statement for the period of its existence. 32 DRAI FOR DISCUSSION PURPOSES ONLY (e) A description of all previous experience of the proposed transferee in operating cable television systems and providing cable television services or related or similar services, including a statement identifying, by place and date, any other cable television franchise(s) awarded to the proposed transferee, its parent, subsidiaries, or affiliates; the status of said franchise(s) with respect to completion thereof; the total estimated cost of completion of such system(s); and a summary of the amount of the proposed transferee's and its parent's or subsidiary's resources committed to the completion thereof. (f) Upon request from the City Manager, a detailed pro forma financial plan describing for each remaining year of the franchise, the projected number of subscribers, rates, all revenues, operating expenses, capital expenditures, depreciation schedules, income statements, and statement of sources and uses of funds. Where the transfer is part of a larger transaction and such information is not prepared for the single system in the City, the proposed transferee may provide such information on a consolidated basis including the system in the City, but shall provide information on the size of the City system, in terms of number of subscribers, relative to the transaction, so that pro rata estimates may be made. (g) A detailed description of the proposed plan of operation of the proposed transferee, which shall include, but not be limited to the following: (i) A detailed map indicating all new areas proposed to be served, a proposed time schedule for the installation of all equipment necessary to become operational throughout the new areas to be served, and the projected total cost for new construction of the 33 DRAFT FOR DISCUSSION PURPOSES ONLY system. (ii) A statement or schedule setting forth all proposed products and services to be made available and classifications of rates and charges to be made against subscribers and all rates and charges and to each of any said classifications, including installation charges, service charges, equipment charges, special, extraordinary, or other charges. 4. Upon request, the proposed purchase price of the cable system, and the terms and conditions of the proposed transfer. All such discussions shall be deemed confidential and not become a public record to the extent and pursuant to procedures of applicable federal and state law. ~ection 31. Renewal of Franchise° The provisions of Ordinance No.97-20 shall govern any and all proceedings to renew this franchise. If Franchisee decides to initiate a formal renewal process in accordance with Section 626(a)-(g) of the Communications Act, 47 U.S.C. § 546(a)-(g), it and the City must comply with each of the requirements in the Communications Act as well as the additional requirements set forth in Section 9 and 22 of Ordinance No. 97-20 as amended to the extent such requirements are not prohibited by applicable law. Section 32. Rates. A. Nothing in Ordinance No. 97-20 amendments thereto or this Franchise Agreement shall prohibit the City from regulating rates for cable service, installation, disconnection, and equipment rental to the full extent permitted by and consistent with State and Federal law. 34 DR&FI? FOR DISCUSSION PURPOSES ONLY B. Franchisee further agrees that it shall not increase rotes or charges for basic cable service, installation, disconnection, or equipment rental without at least thirty (30) days prior notice to subscribers and the City. C. Pursuant to Section 20 of Ordinance No. 97-20, Franchisee shall at all times charge nondiscriminatory rotes throughout the City. D. Franchisee shall not engage in predatory pricing or any other anti-competitive business practice as defined by applicable law. Section 33. Security Fund. A. Pursuant to Section 12 of the Ordinance, Franchisee shall provide the City a security fund or ~n the altematave a ~] or letter of credi in the amount of Twenty Five Thousand Dollars ($25,000) as security for the faithful performance of all provisions of the Franchise Agreement, Ordinance No. 97-20 as amended by Ordinance No. 98- of the City, and all applicable State and Federal law. If such security fund or corporate guarantee is not furnished to the City within sixty (60) days of the date of Council resolution approving the grant of the Franchise, then Franchisee shall pay to the City Manager a fine in the amount of Five Hundred Dollars ($500) per day, beginning on the 61 ~t day, until the date on which the security fund or corporate guarantee is received by the City. In the event said guarantee is not received within sixty (60) days of the date after the Commission resolution approving the grant of the Franchise, this Franchise Agreement and the grant of the Franchise will become null and void without further action by the City. 35 DRAFt FOR DISCUSSION PURPOSES ONLY B. If thirty (30) calendar days after written notice Franchisee fails to pay to the City any fees or taxes due and unpaid, or any liquidated damages, damages, costs or expenses that the City has incurred by reason of any act, omission or default of Franchisee in connection with this Franchise Agreement or Ordinance No. 97-20 or amendments thereto, the City may immediately withdraw that amount, with interest and any costs, from the security fund or make such equivalent claim against the guarantee. Upon such withdrawal or claim, the City shall notify Franchisee in writing of the amount and date of the withdrawal. C. Within thirty (30) calendar days after notice to Franchisee that an amount has been withdrawn by the City from the security fund, Franchisee shall restore the security fund to its original amount. If Franchisee fails to restore the security fund to the original amount within that thirty (30) calendar day period, such failure shall be considered a material breach of this Franchise Agreement and a violation of Ordinance No. 97-20 as amended, and shall constitute grounds for revocation of the franchise or other enforcement action by the City. D. Where a,~,~?~:~,~,~,,~.~.~r~'~'~ ...... ~: or letter of credit is provided in lieu of a security fund. Franchisee shall pay the City the amounts of all claims gamst smd [ ~ ~re~i~] w~thin thirty (30) calendar days after notice of such claim, maintaining the ~s at its original amount If Franchisee fails to pay the City the amount of any claim within thirty (30) days after notice to the Franchisee of the claim paid or fails to restore the guarantee to its original amount, such failure may be considered a material breach of this Franchise Agreement and a violation of Ordinance No. 97-20 and 36 DRAFT FOR DISCUSSION PURPOSES ONLY amendments thereto, and shall constitute grounds for revocation of the franchise or other enforcement action by the City. E. The security fund or an equivalent amount shall become the property of the City in the event the franchise is revoked. Franchisee is entitled to return of the balance of the secufity fund that remains following any other form of expiration of the franchise, including denial of renewal, provided that there is no outstanding default or unpaid amounts owed to the City by Franchisee. F. If the Franchise terminates for reasons other than revocation, any secufityfund t~' will be maintained by the Franchisee for one (1) year from the date of termination and the remaining fund will be returned to Franchisee one (1) year from the termination date of the Franchise, provided there is no outstanding default or unpaid amounts owed to the City by Franchisee. G. The fights reserved to the City under this Section are in addition to all other rights of the City, whether reserVed in this Franchise Agreement or in Ordinance No. 97-20 and amendments thereto, or authorized by other law, and no action, proceeding or exercise of a fight with respect to the security fund will affect any other right the City may have. Section 34. Enforcement Remedies. A. Liquidated Damages. Because the City may suffer damages from any violation by Franchisee of this Agreement or of Ordinance No. 97-20 and amendments thereto, which damages may be difficult to quantify, the City and Franchisee agree to the following schedule of liquidated 37 DRAFI FOR DISCUSSION PURPOSES ONLY damages: 1. For failure to install, operate and maintain the cable system as required by Sections 12(A) and 13(A) hereof, unless the City specifically approves a delay caused by the occurrence of conditions beyond Franchisee's control. Franchisee shall pay to the City One Thousand Dollars ($1,000) per day for each day or part thereof, the deficiency continues. 2. For material failure to provide data, documents, reports or information in a timely manner as required by this Franchise Agreement or by Ordinance No. 97-20 and amendments thereto, or as requested by the City consistent with FCC rules and regulations and all other applicable law, Franchisee shall pay Two Hundred Fifty Dollars ($250.00) per day, or part thereof, that each violation occnrs or continues~ For non-proprietary information, a violation would be deemed to have occurred when Franchisee fails to provide information by the date requested by the City. If the information requested is considered proprietary by a court of competent jurisdiction, no fine shall be imposed. For proprietary information, a violation would be deemed to have occurred if the City disagrees with the Franchisee's explanation as to why the material is proprietary and a final decision of a court of competent jurisdiction upholds the City's determination. 3. For failure to comply with any other provision of Ordinance No. 97-20 and amendments thereto, or failure to comply with any other material provision of this Franchise Agreement other than those specifically referenced above, or failure to comply with any lawful 38 DRAFT FOR DISCUSSION PURPOSES ONLY order of the City within thirty (30) days of receipt of notice of such non-compliance from the City, Franchisee shall pay Two Hundred Fifty Dollars ($250) per day for each day, or part thereof, that such non-compliance continues. B. Before assessing liquidated damages against Franchisee, the City shall give Franchisee written notice of the alleged violation and its intention to assess such damages, which notice shall contain a description of the alleged violation. Following receipt of such notice, Franchisee shall cure or commence to cure and the Franchisee and the City shall have a thirty (30) day period during which time Franchisee and the City shall make good faith reasonable efforts to resolve the dispute in question. If the dispute is not resolved in that thirty (30) day period, the City may collect liquidated damages owed, either through draw-down of the security fund as provided in Section 11 of this Agreement, or through any other means allowed by law provided however that no fines or liquidated damages shall be assessed while litigation is pending in a court of competent jurisdiction. C. Revocation or Termination of Franchise. Franchisee's franchise is subject to revocation pursuant to Section 24 of Ordinance No. 97-20 as amended for any of the reasons set forth therein. In the event the City exercises its right to revoke the franchise, the procedures set forth in Section 24 of Ordinance No. 97-20 as amended shall apply. Section 35. Area wide-Interconnection. A. The City may request Franchisee to intemonnect with any or all other cable systems located within the City or serving subscribers within the City. Interconnection of systems shall 39 DRAFT FOR DISCUSSION PURPOSES ONLY permit interactive transmission and reception of program material, and may be done by direct cable connection, microwave link, satellite, or other appropriate method. B. Upon receiving the request of the City to interconnect with cable systems, Franchisee shall, where it does not own the affected system or systems, immediately initiate good faith negotiations with the operators of the other affected system or systems in order that costs for construction and operation of the interconnection link may be shared equitably among the systems. Franchisee shall report to the City the results of such negotiation no later than thirty (30) days after the City's request. Where Franchisee owns the affected system, Franchisee shall report to the City on the timing, method and cost of interconnection within thirty (30) days of the City's request. C. The Franchisee may be granted reasonable extensions of time to interconnect. The City shall rescind its request to interconnect upon petition by the Franchisee to the City, if the City finds that (1) the Franchisee has negotiated in good faith and has failed to obtain an approval from the system or systems of the proposed interconnection; or (2) the cost of the interconnection would be unreasonably high. D. Franchisee shall make all reasonable efforts to cooperate with any designated access organization, interconnection corporation, regional interconnection authority or City, county, state or federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the franchise area. 4o I)RAFI? FOR DISCUSSION PURPOSES ONLY Section 36. Written Notice of Acceptance. Within thirty (30)days of the Council resolution approving the grant of this franchise, Franchisee shall provide the City Manager with written acceptance of all the terms and conditions of this Franchise Agreement. Franchisee's failure to comply in full with this Section shall render this Franchise Agreement and the franchise null and void with no further action by the City, unless the City Manager agrees in writing to extend such period. Section 37. Execution in Counterpart. This Franchise Agreement may be executed in counterpart. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year fa-st written above. WITNESSES: CITY OF AVENTURA, FLORIDA, a municipal corporation of the State of Florida AS TO "CITY" AS TO "CITY" BY: ERIC M. SOROKA CITY MANAGER ATTEST: ENDORSED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF AVENTURA, FLORIDA ONLY 43_ DRAFt FOR DISCUSSION PURPOSES ONLY TERESA M. SMITH CITY CLERK CITY ATTORNEY AGREED TO AND ACCEPTED BY FRANCHISEE: WITNESSES: AS TO "FRANCHISEE" AS TO "FRANCHISEE" BY:. DATE: C:~225~Aventurag2ableFranchise~Agreements~REDLlNE 04.21.98 & 04.30.98] 62 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission __~,.~ Eric M. Soroka, City/~a~r May 1, 1998 Ordinance Amending 1997198 Budget Ist Reading May 5, 1998 City Commission Meeting Agenda Item '78 2nd Reading May 19, 1998, 1998 City Commission Meeting Agenda Item __ RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance amending the 1997/98 Budget to fund the Williams Island Boulevard Capital Improvements by recognizing $411,000.00 in additional General Fund revenues. BACKGROUND In order to fund the Williams Island Boulevard Capital Improvements Bid Award, the following funding requirements are necessary: Bid Award Contingency Engineering / Surveying $1,472,265.52 $ 4O,734.48 $ 73,000.00 Sub Total $1,586,000.00 Original Budget Short Fall ($1,175,000.00) $ 411,000.00 Based on the six month review of the 1997/98 revenue forecasts, the following additional revenues can be recognized and used to fund the short fall: Utility Tax - Electric Occupational Licenses Court Fines $ 305,000.00 $ 33,000.00 $ 73,000.00 $ 411,000.00 The additional utility tax for Electric was available from the Debt Service Fund. It was originally anticipated that the Revenue Bond would be issued in January. It is now anticipated that this will occur in June or July. Therefore, the revised schedule results in $305,000.00 of Electric Utility Tax Revenue becoming available for use by the General Fund. In addition to recognizing additional revenue, the Budget Amendment transfers $300,000.00 from the Beautification projects line item and $325,000.00 from Street Lighting previously earmarked for Williams Island Road to the N.E. 183rd Street Line Item. This was done to consolidate all funds associated with the project in one line item for improved accounting purposes. Upon the adoption of the budget amendment, the General Fund will contain $1,311,000.00 and the Utility Fund will contain $275,000.00 for the Williams Island Road Project. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0565-98 ORDINANCE NO. 98-._ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR BY REVISING THE 1997198 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. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 1997/98 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Council hereby authorizes the amendment of Ordinance No. 97-25, which Ordinance adopted a budget for the 1997/98 fiscal year, by revising the 1997/98 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do ali things necessary to carry out the aims of this Ordinance. Ordinance No. 98-__ Page 2 Section4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by first reading. This motion was seconded by to a vote, the vote was as follows: , who moved its adoption on and upon being put Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder The foregoing Ordinance was offered by adoption on second reading. This motion was seconded by being put to a vote, the vote was as follows: who moved its , and upon Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 5th day of May, 1998. PASSED AND ADOPTED on second reading this 19th day of May, 1998. ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ARTHURI. SNYDER, MAYOR 2 EXHIBIT A Budget Amendment REVENUES Locally Levied Taxes 1-9 314100 Utility Tax-Electric SUBTOTAL General Fund - 01 1,530,000 305,000 1,835,000 321100 Licenses & Permits 2-9 City Occupational Licenses SUBTOTAL 418,000 33,000 451,000 351100 Fines & Forfeitures 5-9 County Court Fines SUBTOTAL Total Amendments-Revenues 35,000 73,000 108,000 EXPENDITURES CAPITAL BUDGET PROJECT APPRORPIATION 80-XXX 6-60-660t 6-60-6609 6-60-6607 Community Services - 539 Beautification Projects NE 183rd Street Lighting Improvements SUBTOTAL 2,185,000 (300,000) 1,885,000 275,000 1,036,000 1,311,000 500,000 (325,000) 175,000 Total Amendments-Expenditures EXHIBIT A DEBT SERVICE FUND - 30 REVENUES 1-9-314100 Utility Tax- Electric 6-9-361100 Interest on Investments SUBTOTAL Total Amendments-Revenues EXPENDITURES 7-70-7130 Principal 7-70-7230 Inte~st 7-70-7240 Other Debt Service Costs SUBTOTAL Total Amendmenta-Expenditures 875,000 (305,000) 570,000 25,000 (20,000) 5,000 00,000 (60,000) 0 844,000 (275,000) 569,000 6,000 0 6,000 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M Soroka, City~/M/efia!!i~r Robert M. Sherman, D~ t"mc~.~)f Community Services May 1, 1998 Recommendation to Award Bid Number 98-4-24-2 Williams Island Boulevard Improvements May 5, 1998 City Commission Meeting Agenda Item 7~--- RECOMMENDATION It is recommended the City Commission award this contract to the Iow bidder, M. Vila & Associates Inc, for the amount of $1,472,265.52. BACKGROUND The City Commission has established this project as one of the goals and priorities to be completed in the current fiscal year. Awarding this bid puts this priority into action. In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on April 20, 1998. The contract specifications were subject to an extensive review by the Finance/Support Services Director, City Attorney, and City Manager before advertising for bids. This bid award does not include entrance features along Biscayne Boulevard or landscaping from Biscayne Boulevard eastward to the mangrove areas. These issues are currently under review by the City Manager and a recommendation will be forthcoming. It is anticipated that the contractor will be starting this project within four weeks after the bid award and will have the work completed by October 31, 1998. Four firms submitted bids that were opened on April 30, 1998. All four firms submitted the required documentation and bid bond. The apparent Iow bidder, M. Vila and Associates, Inc was then subject to an extensive evaluation consisting of analyzing the following items: 1. Base bid prices. 2. Past work history. 3. Corporate and Principals financial history and background check. 2 1. The base bid consists of reducing travel lanes on Williams Island Boulevard between NE 34 Avenue and the mangrove areas. The scope of work includes drainage, roadway, landscaping, safety, sidewalk and streetlighting improvements. The original Iow bid was reduced by $40,000. This was accomplished by deleting the Owners Allowance line items. 2. The Iow bid of $1,472,265.52 is $297,265.52 over the original budget of $1,175,000, not including engineering fees or contingencies, due to the following changes in the scope of work: A. Additional decorative streetlighting through the mangrove areas. $96,000. B. Additional underground electrical and civil work through the mangrove areas. $21,000 C. FDOT requirements which necessitated changes of Admiral's Port entrance. $49,287. D. Additional demolition, paving, striping, signage required. $153,000. These additional construction charges total $319,000. 3. A 3% contingency ($40,734,) has been added to this project to provide for unforeseen construction matters, should they arise. A budget amendment to fund the shortfall amount is included on the agenda for the Commission's consideration. If you have any further questions, please feel free to contact me at your earliest convenience. Attachments RESOLUTION NO. 98-.__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 98-4-24-2, WILLIAMS ISLAND BOULEVARD IMPROVEMENTS TO M. VlLA & ASSOCIATES, INC. AT THE BID PRICE OF $1,472,265.52 AS CONTAINED IN EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 98-4-24-2, WILLIAMS ISLAND BOULEVARD IMPROVEMENTS; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that M. Vila & Associates, Inc. has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidders; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 98-4-24-2, WILLIAMS ISLAND Resolution No. 98- Page 2 BOULEVARD IMPROVEMENTS, be and the same is hereby awarded to M. Vila & Associates, Inc., at the bid price of $1,472,265.52 as contained in Exhibit "A' attached. Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the General Fund Line Item No. 01-80-539-6-60-6609 and the Stormwater Utility Fund Line Item No. 17-539-6-60-6606. Section 5: This Resolution shall be effective immediately upon adoption. The foregoing resolution was offered by adoption. The motion was seconded by vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder , who moved its and upon being put to a vote, the Resolution No. 98-__ Page 3 PASSED AND ADOPTED this 5th day of May, 1998. Al-rEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY City of Aventura Bid Analysis Bid No. 98-4-24-2 Williams Island Boulevard Improvements Bid No. 98-4-24-2 Williams Island Boulevard Improvements Bidder Base Bid Less Owners Allowance Total M. Vila & Associates $1,512,265.52 $40,000.00 $1,472,265.52 Marks Brothers construction $1,522,594.90 $40,000.00 $1,482,594.9C Homestead Concrete $1,671,727.04 $40,000.00 $1,631,727.0~ Ocean Bay Construction $1,924,575.63 $40,000.0(] $1,884,575.62 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM May 1, 1998 Williams Island Blvd., Analysis of Bid A further breakdown is as follows: Beautification Storm Drainage Road Pay'rog and Conversion Street Lighting Total for Construction Architectural & Engineering Services Budget $350,000 $275,000 $275,000 $325,000 $1,175,000.00 in above As Bid Variance $389,390.15 -$39,390.15 $134,470.00 $140,530.00 $676,405.37 -$401,405.37 $272,000.00 $ 53,000.00 $1,472,265.52 $297,265.52 $73,000.00 ~$73,000.00 Total Project Costs $1,175,000.00 $1,545,265.52 $370,265.52 SECTION 00410 BID FORM oPy THIS BID IS SUBMft-Ii=D TO: City of Aventura 2999 NE 191 Street, Suite 500 ~,vemura. Flnrida 33180 M. VlLA & ASSOCIATES, INC, 12097 N.W. 98th Avenue Hialeah Gardens, FL 33016 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with Tile City of Aventura in the form included in the Contract Documents to perform and furnish 'all Work as specified or indicated in the Conu'act Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts ail of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opemng. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of City's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) (b) BIDDER has familiarized themselves with the nature and extent of the Cuntract Documents, Work. sitel locality, and all local conditions and Law and Regulations that in any manner may affect cost. progress. performance or fiu'nishing of the Work. (c) BIDDER has studied carelhlly all reports and drawings of subsurface conditions and drawings of physical conditions. (d) BIDDER has obtained and carefully studied (or assumes responsibility tbr ubtaining attd carefully studying) all such examinations, investigations, explorations, tests and studies (in addition tu or tn 00410-1 supplement those referred to in (c) above) which pertain to the subsurface or physicul condithms at the site or otherwise may affect the cost, pro~ess, performance, or furnishiug .f the Work at the Cm~tract Price, within the Contract Time and in accordance with the other terms and conditmns of the Contract Documents. and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER tbr such purposes. (e) BIDDER has reviewed and checked ali information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguons to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional exaimnations. investigations, explorations, tests, reports or similar information or data id respect of said Underground Facilities are or will be required by BIDDER in order to perform and thrthsh the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (g) (h) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, repons and studies with the terms and conditions of the Contract Documents. BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indfrecfly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date. 00410 - 2 A.s such the Contractor shall furnish all labor, materials, equipment, tools superimendcnce and services necessary to provide a complete in place Project for the Bid Price of: F'T¢ cents LUMP SUM (Written Total Bid Price - From Schedule Of Values) BIDDER a~ees that the work will be complete in full within 180 calendar days t¥om the date stipulated iii the Nnlice Io Proceed. Co~mntmications concerning this Bid shall be addressed to: Teleph(me Facsimilc Number Attention: SUBMI 1 i kD THIS DAY The terms used in this Bid which are defined in the general Conditions (it' the C(~nstruclioll Contract inchlded as parl of the Contract dtx:umcnts have the meanings assigned to them in thc General C(}itdithms. t 00410 - 3 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT Section 01327 01395 01452 01500 01550 01660 Quantity 1 1 1 1 1 1 GENERAL REQUIREMENT Description Field Engineering Trench Safety Program Laboratory Testing Temporary Facilities Traffic Control Facility Testing SUBTOTAL Unit Unit Price Extended Cost ES $ Z500.O0 $ ZSO0.O0 ES $ ZO00.O0 $ ZO00.O0 LS $ 5,000.00 $ 5,000.00 LS $ ZS00.00 $ Z500.00 LS $ 35,000.00 $ 35,000.00 LS $ Z500.00 $ Z500.00 $ 49,500.0O Section 02220 02222 02224 02226 02228 Quantity 29.60 61 1043 16 2 DEMOLITION Description Right Of Preparation Remove Light Poles Remove and Salvage Guard Rail Remove and Salvage Picket Fence Relocate Sign SUBTOTAL Unit Unit Price Extended Cost STA $ Z900.00 $ 85,840.00 EA $ 100.00 $ &100.00 LF $ 10.00 $ 10,430.00 LF $ 10.00 $ 160.00 EA $ 150.00 $ 300.00 $ 102,830.00 00410- 4 Referenc Quantity Se~ion 02319 5000 02332 400 EARTHWORK Description Excavating for Paving Select Embankment SUBTOTAL Unit Unit Price Extended Cost CY $ 5.00 $ 25,000.00 CY $ 10.00 $ 4,000.00 $ 291000.00 Referenc Quantity STORM DRAINAGE Description Unit Unit Price Extended Cost Section 02283 2 02285 10 02525 2 02612 765 02632 4 02632 4 02632 4 Concreteto Sea Wall EA $ 3,000.00 Convert Catch Basin To Manhole EA $ 300.00 Wells EA $ 35,000.00 18" RCP LF $ 38.00 P-5 Catch Basin EA $ 2,200.00 P-6 Catch Basin EA $ 2,300.00 Storm Sewer Manhole EA $ 2,100.00 SUBTOTAL $ 6,000.00 $ 3,000.00 $ 70,000.00 $ 29,070.00 $ 8,8OO.OO $ 9,200.00 $ 8,400.00 $ 134,470.00 Referenc Quantity Section 02722 7954 02725 7954 02741 395 02746 6282 02772 2795 02772 1105 02772 2185 02775 4602 02782 921 02787 1822 PAVING Description Stabilized Subgrade 8" Limerock Base Prime Coat 1 1/2 Inch Asphalt Pavement Type "D' Curb TYpe "E" Curb Type "F" Curb 4" Concrete Sidewalk Concrete Brick Median Nose Seal Coat SUBTOTAL Unit Unit Price Extended Cost SY $ 2.50 $ 19,885.00 SY $ 7.50 $ 59,655.00 GAL $ 10.00 $ 3,950.00 SY $ 3.75 $ 23,557.50 LF $ 7.00 $ 19,565.00 LF $ 7.00 $ 7,735.00 LF $ 7.00 $ 15,295.00 SF $ 1.50 $ ~ 6,903.00 SF $ 3.50 $ 3,223.50 SY $ 0.35 $ 637.70 $ 160,406.70 00410- 5 Section 02820 02822 02830 02832 02844 05220 Quantity 1170 30 1 2 1030 1010 FENCES AND RAILINGS Description 6'-0 Chain Link Fence Install Salvage Picket Fence Dumpster Enclosure Entry Wall Feature Install Salvaged Metal Beam Guard Rail Metal Pedestrian Rail SUBTOTAL Unit Unit Price Extended Cost LF $ 17.52 $ 20,498.40 LF $ 26.33 $ 789.90 LS $ 10,000.00 $ 10,000.00 EA $ 9,000.00 $ 18,000.00 LF $ 9.80 $ 10,094.00 LF $ 82.50 $ 83,325.00 $ 142,707.30 Quantity PAVEMENT MARKINGS & SIGNS Description Unit Unit Price Extended Cost Section 02762 02762 02762 02762 02762 02762 02762 02762 02764 02764 02764 02764 02766 02766 02766 3990 3890 85 551 124 645 480 17 504 350 36 1 120 25 3 6" Yellow Thermo Plastic Stdpe SY $ 6" White Thermo Plastic Stripe SY $ 12" White Thermo Plastic Stripe GAL $ 18" Yellow Thermo Plastic Stdpe SY $ 24" White Thermo Plastic Stdpe LF $ 6" Yellow Thermo Plastic 2'-0x LF $ 4'-0 Skip Stripe 6" White Thermo Plastic 2'-0 x LF $ 4'-0 Skip Stripe White Thermo Plastic Direction EA $ Arrow 4" White Painted Stripe LF $ 4" Yellow Painted Stripe LF $ 4" Blue Painted Handicap Sign LF $ Blue Painted Handicap sign EA $ AJA Reflective Pavement Marking EA $ C/R reflective PavementMarking EA $ FH Reflective Pavement Marking EA $ 0.60 $ 2,394.00 0.55 $ 2,139.50 50.00 $ 4,250.00 2.15 $ 1,184.65 2.50 $ 310.00 0.70 $ 451.50 $ 0.70 $ 336.00 $ 50.00 $ 850.00 $ 0.18 $ 90.72 0.18 $ 63.00 1.00 $ 36.00 50.00 $ 50.00 4.50 $ 540.00 4.50 $ 112.50 4.50 $ 13.50 00410- 6 02890 1 02890 1 02890 2 02890 1 02890 1 W-9 2-R Sign and Post W-4 Sign and Post R1-1 Stop Sign and Post No Parking Sign and Post Handicap Sign and Post SUBTOTAL EA $ 200.00 $ 200.00 EA $ 200.00 $ 200.00 EA $ 200.00 $ 400.00 EA $ 180.00 $ 180.00 EA $ 150.00 $ 150.00 $ 13,951.37 Referenc Quantity IRRIGATION Description Unit Unit Price Extended Cost Section 02810 Landscape Irrigation SUBTOTAL LS $ 45,000.00 $ 45,000.00 $ 45,000,00 Reference Quantity Section 02900 55 02900 96 02900 3 02900 70 02900 1527 02900 215 02900 2 02900 763 02900 76 02900 4468 02900 13,157 LANDSCAPING Description Unit Unit Price Extended Cost TREES and PALMS Cocoa Nucifera 'Green Malayan EA $ (Green Malayan Coconut Palm) Roystonea Elata (Royal Palm) EA $ Sabal Palmeto (Cabbage Palm) $ SHUBS AND GROUND COVER Bougainvillea (Barbara Karst) EA $ Chrysobalanus Icaco (Red Tipped EA $ Cocoplum) Coccoloba Uvifera (Seagrape) EA $ Crinium Asiaticum (Crinum Lily) EA $ Ficus Bemjamina ((Weeping Fig) EA $ Ixora (Nora Grant) EA $ Jasminum Volubile (Wax Jasmine) EA $ Liriope'Evergreen Giant' (Giant EA $ Liriope) 1,350.00 $ 74,250.00 625.00 $ 60,000.00 150.00 $ 450.00 40.00 $ 2,800.00 6.25 $ 9,543.75 6.25 $ 1,343.75 50.00 $ 100.00 22.00 $ 16,786.00 6.25 $ 475.0O 6.25 $ 27,925.00 2.45 $ 32,234.65 00410- 7 02900 02900 02900 02900 02900 02900 2106 150 530 2150 735 17 Pentas Lancelota 'Pink Profusion' (Dwarf Pentas) Philodendrin Selloum (Spitleaf Philodendron) Pittosporum Tobira (Variegated, Var Pittosporum) Raphiolepis Indica ( Indian Hawthorne) Schefflera Arboricola (Dwarf Schefflera) Schefflera Arbor. Trinette (Variegated Arboricola) EA $ 2.75 $ 5,791.50 EA $ 6.50 $ 975.00 EA $ 6.50 $ 3,445.00 EA $ 7.00 $ 15,050.00 EA $ 6.50 $ 4,777.50 EA $ 9.00 $ 153.00 02900 1910 Seasonal Color(To Be Sele~ed By Owne0 EA $ 1.50 $ 2,865.00 02900 02900 02915 4OOO 1 13 Sodding Top Soil Relocate Tree SUBTOTAL SF $ 0.30 $ 1,200.00 LS $ 80,000.00 $ 80,000.00 EA $ 325.00 $ 4,225.00 $ 344,390.15 Section 16050 16050 16050 16050 16050 16050 16O5O 16050 16050 Quantity 550 8000 650 1200 32 1 1 1 1 ELECTRICAL Descdption umt Unit Price Extended Cost 3/4" Conduit LF $ 1.65 $ 907.50 1" Conduit LF $ 2.65 $ 21,200.00 1 1/4" Conduit LF $ 3.25 $ 2,112.50 2" Conduit LF $ 4.35 $ 5,220.00 Handhole / Pull Boxes EA $ 135.00 $ 4,320.00 Wiring & Connections LS $ 20,000.00 $ 20,000.00 FPL Service Fee LS $ 6,500.00 $ 6,500.00 Transformer Pad and Connection LS $ 250.00 $ 250.00 Service Point LS $ 6,300.00 $ 6,300.00 00410-8 16050 16050 16050 16050 16200 2 95 9 32 400 Distribution Point Type "C" Flood Light Double Street Light and Foundation Single Street Light and Foundation Jack and Bore SUBTOTAL LS $ 5,000.00 $ EA $ 540.00 $ EA $ 4,700.00 $ EA $ 3,000.00 $ LF $ 15.00 $ $ 10,000.00 51,300.00 42,300.00 96,000.00 6,000.00 272,4t0.00 Section Quantity 22 22 22 1 1 PROJECT MANAGEMENT PROFIT AND OVERHEAD Description Project Supervision General Conditions Profit CPM Scheduling Cost Bond Cost SUBTOTAL Unit Unit Price Wk $ 1,100.00 $ Wk $ 1,000.00 $ Wk $ 5,200.00 $ LS $ 2,500.00 $ LS $ 14,500.00 $ $ Extended Cost 24,200.00 22,000.00 114,400.00 2,500.00 14,500.00 177,600.00 Reference Section 01210 01210 01210 Quantity ALLOWANCES Description 1 Owners Allowance Number1 1 Owners Allowance Number2 1 Owners Allowance Number 3 SUBTOTAL Unit Unit Price $ 10,000.00 $ 10,000.00 $ 20,000.00 Extended Cost 10,000.00 10,000~00 20,000.00 40,000.00 00410 - 9 TOTAL OF BASE BID TOTAL BASE BID PLUS ALLOWANCES $ 1,472,265.52 $ 1,512,265.52 00410 - 10 lcd Cost BIDDER is: AN INDIVIDUAL Individual's Facsirmle No: address: A PARTNERSHIP / _ __ ( S E AL~....,.-''~ (Firm's Name) ~ (General~ Facsimile No: ,)0410 CORPORATION ~.~;-~'~.r / . ~: . (Corporation Name) (Name of Person Authorized to Sign) (Corporate Seal) Bt~sincss address: 00410- 12 A .JOINT VE (Namc~ (Name) (Address) , Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party ~, the joint venture should be in the manner indicated above. CERTIFICATE OF AUTHORITY (IF CORPORATION) SS: that a meeting of the Boztrd of Directors of the ucn cxisdng under ~c laws uf thc State of F resulution was duly passed and adopted: [<Lq/)LVED. that. as President of the Corporation. be and is hereby authorized to execute the Bid dated. , t ~, 19 q ~' , to the City of Aventura and this corporation and flint their execution thereuf, attested ;, ~ ¢,ccretary of the Corporation, and with tile Corporate Seal at'fixed, shall be the official act and deed uf this I: :r:hcr certify that said resolution is now in full force and effect. 17~ ',¥ ITNE$$ WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 0£)41(1 - 14 CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) SS: CERTIFY that a meeting of the Partners of the existing under the laws of He State of the following resolution was duly passed and a .held on i;I qi)LVED, that. :~,,r~/cd lo cxccute ~he Bid dated, shall be d of the Partnership. be and is hereby the City of Aventura and this partnership and that their L act and deed of this Partnership." now in full force and effect. I have hereunto set my hand this , day of OO410- 15 STATE OF FLORIDA Depa~ment ~ Business and ProfessionalRegulation CONST INDUSTRY LICENSING BOARD 7960 ARLINGTON EXPRESSWAY SUITE 300 JACKSONVILLE FL 32211-7467 (904) AC# 727-6530 VILA, MARTIN M VILA & ASSOCIATES 12097 NW 98TH AVENUE HIALEAH GARDENS FL 33016 STATE OF FLORIDA AC#~-' ~ ~, ~ 7 ~ Department of Business and Professional Regulation CG -C010901'06:/11/19~6 95902c~ CERTIFIED GENERAL CONTRACTOR VILA, MARTIN M VILA ~ IS CERTIFIED under t~ prov~slons of Ch. 489 E~pira,o, Dato: AUG 31, 1998 DETACH HERE 06/11/19~6 9~90~942 I CG -C010901 N~a-gENERAL CONTRACTOR Undermep.visidT~,of~Fl~ ,". Explratl0ndate: AUG 31, 19~8 VILA, MARTIN M VILA & ASSOCIATES 1~097 NW 98TH AVENUE HIALEAH GARDENS FL 33016 LAWTON CHILES DISPLAY AS REQUIRED BYLAW RICHARD T. FARRELL Metropolitan Dade Count'/, Miami, Rodda PU6LIC WORKS DEPARTMENT CERTIFICATE ~F CCMPETENCY EXPIRES ON O~/30/gg M VILA & ASS~CAITE5 CC~ : E2213 qoA. : VILA MA~iIN SS# : 266-17-2618 ENGINEERING CDNTRACTNR TRAOECA~GORY(S) GENERAL ENGINEER Signature ~ Ou~fyi~ Agent GUILLERMO E. O~EDILLO Qualifying agent (Q.A.) musl supewise, direct and control all work. ~o'~a~y, Cm'~Aica~a Trades Ou~ INSTRUCTIONS PLACE PHOTO HERE SiGN CERTIFICATE - ATTACH PICTURE -- FO_L~_.= LAMINATE THIS DEPARTMENT CAN LAMINATE. EITHER COM~ IN PERSON OR SEND CERTIFICATE(S):NITH PHOTO(S) WITH CHECK OR MONEY CRC~A T~ DiPT OF PLANNING~ DEVELOPMENT AND REGULATION CCNTRACTOR 5ECTIONf 111 NM 1 STREET ~1010 MIAMI~ FL 33126- FEE IS $3.00 PER LAHINATIDN MAKE CHECKS PAYABLE TG DEPT CF PLANNING~ DEVELOPMENT AND REGULATION PHCTOS NO LARGER THAN SPACE PROVIDED NOTIFY CONTRACTORS SECT/ON OF ANY CHANGE OF ADDRESS- AEID~ BY [H~ RUL3S AND gEGULATZONS OF CHAPTER 10 OF WADE COUNTY CODE. M ViLA & ASSOCAITES 120~T NW 98 AVENUE HIALEAH GARDENS FL 33016 CERTIFICATE OF LIABILITY INSURANC,q- .,._ ioOUGER ~401 N.W. 82 Ave. %300 ~rn~to Fre¥=~, Jr. ~. 305-470-2011 ~ M. VIL~ & ASSOC. INC., Ino. 12097 NW 98 AV~. HIALEAH GARDENS ~ 33018 o2/o~/98 THIS CERTIFICATE O~LY ~ CONFE~ ~ ~S U~N THE CERTIRGA~ HO~ ~IS C~CAYE ~ MOT AMID. ~D OR ~ T~ C~ ~ORDED BY THE ~S B~, ~MP~IES ~O~ING COV~E ZENITH INSUI~ANr~ COMPANY THtS IS TO CERTIFY THAT THE POLlO[ES OF INSl2~CE LtSTED 8El. OW HAVE BEEN ISSUED ~ THE tNSURED NAIleD A~%]E FOR THE POLICY PERIOD A E~ ~c. xcc~ ~t ~t000,000 e- os~-s~. ~c~, u~ ~ 1,000,000 PROJZC~ NO.: 98-2-9-2/"FO~E-~ PA.~ D.~,,~;L~QP.;~S- CERTIFICATE HOLDER CIZ"Z OF AVE~'&u~A 6500 N. ANDREWS AVE. FT. ~ FL 33309 ACORO 2;-8 (1~S) CZ~101 CANCF!/ATiON TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission ~ Eric M. Soroka, Cit~k~na~,r MwaoYr~ ' ~orization 98.~.A_ Biscayne Boulevard Beautification Design - Phase 4 - O'Leary Design Associates, P.A. May 5, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the execution of Work Authorization No. 98-152-A for Landscape Development along the Biscayne Four project. This project includes median landscaping, irrigation, installation of a landscape barrier along the FEC railroad from Oleta River to Miami Gardens Drive. The Work Authorization amount is $46,960. The installation of the landscaping is included in the 1998 / 99 Capital Budget. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0566-98 RESOLUTION NO. 98-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 98-152-A FOR LANDSCAPE DEVELOPMENT - BISCAYNE FOUR SR51BISCAYNE BOULEVARD FROM THE OLETA RIVER TO MIAMI GARDENS DRIVE BY AND BETVVEEN THE CITY OF AVENTURA AND O'LEARY DESIGN ASSOCIATES, P.A.; 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 Work Authorization No. 98-152-A ($46,960) for Landscape Development - Biscayne Four SR5/Biscayne Boulevard from the Oleta River to Miami Gardens Drive in accordance with the Capital Improvements Program for professional services by and between the City and O'Leary Design Associates, P.A.. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section3. 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 , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Resolution No. 98-~ Page 2 Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 5th day of May, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms EXHIBIT 'A' WORK AUTHORIZATION NO.98-152-A LANDSCAPE DEVELOPMENT - BISCAYNE FOUR SR5/BISCAYNE BOULEVARD FROM THE OLETA RIVER TO MIAMI GARDENS DRIVE FOR AVENTURA, FLORIDA SCOPE OF CONSULTING SERVICES BETWEEN THE CITY OF AVENTURA, FLORIDA AND O'LEARY DESIGN ASSOCIATES, P.A. APRIL 13, 1998 EXHIBIT 'A' WORK AUTHORIZATION NO. 98-152-A LANDSCAPE DEVELOPMENT - BISCAYNE FOUR SR5/BISCAYNE BOULEVARD (FROM THE OLETA RIVER TO MIAMI GARDENS DRIVE) FOR AVENTURA, FLORIDA SCOPE OF CONSULTING SERVICES PREAMBLE The Consultant proposes to provide professional services associated with the preparation of landscape plans for the City of Aventura. 1.0 Preparation of Construction Plans and Bid Documents. The consultant will prepare detailed construction plans and bid documents to include landscaping, irrigation, one (1) entry sign at the southern terminus of the project, including preparation of a detailed cost estimate. These services will include coordination with the Florida Department of Transportation and the Florida East Coast Railroad. The Consultant will include in this contract, the services of Bailey Engineering Consultants, electrical engineers, for electrical service to entry sign, and irrigation pumps, and, the services of Tom Graboski Associates for Graphic Design for the one (1) entry sign. The Maintenance of Traffic plans will be prepared by Keith and Schnars, City Engineers, and the cost of these services will be invoiced by Keith and Schnars directly to the City of Aventura. 2.0 Bidding Phase The Consultant shall assist the City of Aventura in securing competitive bids for this project. These services will include attendance at a pre-bid conference, answering of bidders questions during Bidding Phase, issue addenda, evaluation of competitive bids, and written recommendation of successful bidder. 3.0 Construction Administration Phase The Consultant will administer the construction of this project as follows: Attend pre-construction "kick-oW' meeting. Attend all coordination meetings with City and Florida Department of Transportation. Perform periodic observations during the construction process. Complete all meeting minutes and project correspondence. Review and approve contractor's shop drawings and payment requisitions. Secure a permit from the Florida Department of Transportation. Complete final inspection and final punch-list and issue Notice of Acceptance to contractor. Secure all warranties and operating manuals and remit to City. O'LEARY DESIGN ASSOCIATES., P.A. Landscape Architects WAGE RATE CERTIFICATION DATE; APRIL 13, 1998 PROJECT NUMBER: 98-152-A PROJECT: LANDSCAPE DEVELOPMENT - BISCAYNE FOUR SRS/BISCAYNE BOULEVARD (FROM THE OLETA RIVER TO MIAMI GARDENS DRIVE) AVENTURA, FLORIDA PROJECT MANAGER: WILLIAM A. O'LEARY TASK NAME: LANDSCAPE ARCHITECTURAL SERVICES TASK HOURLY PROPOSAL CLASSIFICATION HOURS RATE DOLLARS 1. PROJECT MANAGER 189 90 $ 17,010.00 2. LANDSCAPE ARCHITECT 290 75 $ 21,750.00 TOTAL HOURS TOTAL DOLLARS $ 38,760.00 REIMBURSABLE EXPENSES SUB-CONSULTANT'B' SUB-CONSULTANT'C' SUB-CONSULTANT'D' TRAVEL PRINTS/GRAPHICS/INCIDENTALS EST. COST RELATED PRINT NO. $ 1,600.00 $ 1,600.00 TOTAL REIMBURSABLE EXP. DIRECT EXPENSES: SUB-CONSULTANT 'A' (ENVIRONMENTAL AUDIT) SUB-CONSULTANT 'B' ARCHITECT SUB-CONSULTANT 'C' ELECTRICA SUB-CONSULTANT 'D' GRAPHICS $ 5,400.00 $ 1,200.00 $ 6,600.00 $ 38,760.00 $ 46,960.00 B. TOTAL DIRECT EXPENSES C. TOTAL DIRECT LABOR TOTALBUDGET ~+B+C) PREPARED BY WAO APPROVED BY:WAO 4/13/98 4/13/98 WORK AUTHORIZATION NO. 98-152-A The City of Aventura has requested Work Authorization No. 98-152-A, as provided for in the agreement between the City of Aventura and O'Lea~y Design Associates, P.A. and approved by the City Commission on August 20, 1996. This Work Authorization No. 98-152-A provides for Landscape Architectural services in accordance with Articles 3 and 4 of the agreement as further detailed in the scope of services Exhibit A. Payment for such services shall be in accordance with Article 5 of the agreement. Total estimated labor expenses are ............ $38,760.00 Total estimated direct expenses are ............ $ 6,600.00 Total estimated reimbursables are .............. $1,600.00 O'LEARY DESIGN ASSOCIATES, P.A. ATTEsT:BY: ~ilffarh~-~)~Lear~, F'"AS~"A By: City Clerk TERESA M. SMITH CITY: CITY OF AVENTURA, FLORIDA through its City Manager By:. City Manager ERIC M. SOROKA APPROVED AS TO FORM day of _,19__ By: City Attorney WEISS-SEROTA-HELFMAN Notice to Proceed Yes No Project Initiation Date RECOMMENDED th, rough its C~?~S COORDINATOR CapYtal~ojects Manager ALBERT J. CATULLO /~ /~day of, .~//,-~-~( ,19q CITY OF AVENTURA Ordinance 96-0~9 Disclosure of Verbal Contact Agenda Item: Item No. .~8 of 199 agenda of the Aventura City Commission. Date of Verbal Communication: Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this 5' day of Respectfully, Commission or Board Receiving Communication: Name Signature Member ~/ , 19'~ . Clerk / Secretary CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. ~/~ of 199 agenda of the Aventura City Commission, Date of Verbal Communication: 5"-J~/f '~ ~ Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this ¢~ day of Respectfully, Commission or Board Receiving Communication: Name Signature Member Clerk / Secretary CITY OF AVENTURA Ordinance 96-09 Disclosure of Site Visit, Investigation, Expert Opinion Agenda Item: Item No. -~/~ of ~"~ , 199 ~ the Aventura City Commission. Date ~f Visit, Inv~estigation or Receipt of Expert Opinion: Nature of Contact: (check as applicable) ( ~ Site Visit ( ) Investigation ( ) Expert Opinion Substance of Contact: __ agenda of Identity of Any Person Participatina in Contact: Filed this ~ day of Respectfully, Commission or Board Member Communication: ,,4 Name)' ·  ture J::*~ ~ Receiving CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. 3/l of M~ I S 199~ agenda of the Aventura City Commission. .. f-1-1F, J'-,{-</'i, r.. (. 'Tf Date of Verbal Communication: Iden~ity of Person or Entity Making Communication: jV!.t.., r,r;l Subject and Substance of Communication: ~ I: /' ./' /J l /1.) ~",~i'i''-1 7(11""''' ,:,1 , 1("",,, 7 J /<1. .'(~ r t'J vll/.1 Respectfully, Commission or Board Receiving Communication: ).-11 If- !OJ<,J N~ /1 J.:...; ~ lure day of ,19 2L. --(VuJCC~ Clerk I Secretary Member Filed this .,) CITY OF A VENTURA Ordinance 96-09 Disclosure of Verbal Contact Agen<;la Item: Item No. j g of 199 ~ agenda of the Aventura City Commission. nl -S' , Date of Verbal Communication: f-J-1f Iden . y of Perl?Qn or Entity Making Communication: V.H'Y1 "{:II'A Su~ect a~d Substance of CommuJ1ication: v MI , av.' C f A f /;" I (OJu7 j.. 11 ~ Yo(""" v..-~/"",.-~( r-l / .) ;> ./. J../I./Y Respectfully, Commission or Board Receiving Communication: 7//7 /L Jlr.J~.'~ Name'1 ( / /' ,t,,, Si~ure Filed this ;r day of ~ ' 19 98. ",111P1Xi h~ Clerk / Secretary Member CITY OF A VENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. ]6 of 199L agenda of the Aventura City Commission. ~I f , Date of Verbal Communication: &!-/'(-'1 r L{).<f-<tr II- 9y Identity 9f Person or Entity Makin~_Communication: tvlr",/'""f j1(j; t/ /1.,%,/ (;- 1/J'7 f Su~ect and Substance of Communication: , (., d.l o./lj d I' /t-...~.Jc:~ .;;~ A ~'"''-' jj il.1e /7 a/l I~ rO'iI.-".I.~ 1'>(/0 J!/..",' J, /,~./!/.~ j (j-(J C U V) Respectfully, Commission or Board Receiving Communication: JAI! ,Ii /J(JI'V' N~ /C&~ Sig ,ure Filed this S day of , 19 9'B. ~eOLJl~ ~ JrSia Clerk I Secretary Member CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: .!tem No. r.? 199 ~' agendaof ~-,~,(.~,,.~-..,~/~/, body Date of Verbal Communication: Identity of Person or Entity Making Commu~nication: Subject and Substance of Communication: Filed this ~- Respectfully, Council or Board Member Communication: Name /.? ... ~ ~. ? Signature/ . dayof--~ ~, ,1;~ . Clerk / Secretary Receiving CITY OF AVENTURA "~ of Exce Ordinance 96-09 Disclosure of Site Visit, Investi,qation, Expert Opinion Agenda Item: Item No. ~ /~ of 199 ~. the Aventura City Commission. agenda of Date of Visit, Investigation or. Receipt of Expert Opinion: Nature of Contact: (check as applicable) (~ Site Visit ( ) Investigation ( ) Expert Opinion Substance of Contact: Identity of Any Person Participating in Contact: Filed this Respectfully, Commission or Board Member Receiving Communication: Name~,' ~ dayof , 19~. Clerk / Secreta~ CITY OF A VENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. .J A of //A y -{- 199....L agenda of the Aventura City Commission. Date of Verbal Communication: <y-~tf-rf Identity of Person or Entity Making Communication: \ L/ 5' If tV //z /~ R. Subject and Substance of Communication: ~"p/ 7..t/L d/~/':r'/G5/C7;4/ ~;:: /'l/;:,7';<-' - c5E- /' . f' 1/ /!' /? , '" A/ C ;? ~. Respectfully, Filed this S Commission or Board Member Receiving Communication: x'~ /i' A' V h06'"c/?C;: Nam~ ' ~au .~~ day of , 1921-. \ fl ~HCL tUUra< Clerk I Secretary CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. ,.~ of 199 ~ agenda of the Aventura City Commission. Date of Verbal Communication: Identity of Person or Entity Making Communication: ,5 , Subjectp~d Substance of Commu, nication: Filed this b'-"day of Respectfully, Commission or Board Receiving Communication: rS~gnatu~'e ~ Olerk / Secreta~ Member CITY OF AVENTURA Ordinance 96-0--9 Disclosure of Verbal Contact Agenda Item: Item No. ,~/ of 199 8 agenda of the Aventura City Commission. Date of Verbal Communication: Identity of Person or Entity Making Communication~ Subject and Sub,stance of Communication: / Filed this day of Respectfully, Commission or Board Member Receiving Communication: ~ ,.~ ,19~ . Clerk / Secretary CITY OF AVENTURA Ordinance 96-09 Disclosure of Written Communication The written communication attached hereto is hereby filed on record pertaining to Item No. ,er--/ of ~,~ .5- ,199 ~ agenda of the Aventura City Commission. /~.~,/~,.~ -- Filed this ~' day of Respectfully, Commission or Board Receiving Communication: Member , ,~.-2~( ¢/,-~ ~) . Name Clerk / Secretary MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DACE: Before the undersigned authority personally appeared Octetma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING 5/5/98 APPLICANT NAME: DAYTON HUDSON CORPORATION APPLICATION NUMBER: 05-SV-98 in the ...................... X~X ....................................... Court, was published in said newspaper in the issues of Apr 24, 1998 Affiant further says that the Said Miami Dally Business Review Is a newspaper published at Miami in said Dada County, Florida, and that the said newspaper has heretofore been continuously published in said Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter et the post office in Miami In said Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of.edvertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discou bate, commission o r the purpose L_~OF ~% JUNE 23,2000 CITY OF AVENTURA NONCE OF PUBLIC HEARING DATE AND TIME OF PUBLIC HEARING: Tuesday, May 5, 1998 6:00 p.m. APPLICANT NAME: Dayton Hudson Corporation APPLICANT REQUEST: The applicant is requesting sign variances to ~ermit one (1) well sign which is larger than that allowed under sign regulations and two (2) additional wall signs which display services or products as opposed to the business name. APPLICATION NUMBER: 05.SV-98 LOCATION OF SUBJECT PROPERTY: 21265 Biscayne Boulevard (a/k/a Target) LEGAL DESCBIPTION: Lengthy legal description - you may contact the Aventura Community Development Department for the complete lega~ ~lescript~on. SIZE OF SUBJECT PROPERTY: Approximately 25.92 acres Plans are on file and may be examined dud~g regular business ~ours ~n the City of Aventura, Community Development Department. 2999 NE 191 Street. Suite 59.0, Aventura, Florida, 33180. Plans may De modified at or before the Public Hearing. The application may change during the hearing process. The Pubtk~ Hearing wilt be held at Aventura Medical Aris Building 21110 Bis~a~,t'~iBgulevar~, Suite 101, Aventura, FJodda,.33~,80. Your comments rflay b~ made in person at the hearing or flied in writing cnor to the hearirig date. Refer to applicant/property on con'esoon- denC~ and mail same to City of Aventura. Community Development Department: 2999 NE 19f Street, Suite 500, Aventura, FiorMa, 33180. For furiher information, please call (306) 466-8940. In accordance with the Americans with Disabilities Act of 199~, al persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk. 466-8901, not later than two business days prior to such p~ceedi~gs. t a person decides to appeal a. ny decision made by the City Commission With respect to any matter considered at a meeting or hearing, that ~erson will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the proceedings is maoe. which recor~ includes the testimony and evidence upon which the appeal is to be based. Teresa M. Smith CMC. City Clerk 4/24 98-3-0424103M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING 5/5/98 APPLICANT NAME: PAPPAS PROPERTIES, INC., ETC. APPLICATION NUMBER: 03-SP-98, ETC. in the ...................... ~ :(.~. ....................................... Court, was published in said newspaper in the issues of Apr 24, 1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dada 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 Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any person or corporation any discou , rebate, commissio r the purpose of se:': is edvert,F*n n in th. seid news per SW nd subs ' me this ........ d ....................................... , A.D. 19 ...... Octelma V. Ferheyre per e. I~ OFF%© JUNE 23,2000 CITY OF AvENTuRA NOTICE OF PUBLIC HEARING DATE AND TIME OF PUBUC HEARING: Tuesday, May 5, 1998 6:00 p.m. APPLICANT NAME: Papbas Properties, Inc. and the Flodda Department of Transportation (FDO'r) APPLICANT REQUEST: The applicants are requesting Site Plan approval in conjunction with the following non*use variances as prompted by the Flodds Department of Traneportatio~ (FDOT) taking of a portion of the subject properly: 1) a nOn.use vadance of setback raquiroments and 2) a non-use variance of open space requirements. Such site plan will supersede all previously approved site plans. APPUCATION NUMBER: 03-SP~98 and 07-SP-98 LOCATION OF SUBJECT PROPERTY: 18955 Biscayne Boulevard (a/YJa Cove of Biscayne Shopping Center) LEGAL DESCRIPTION: A portion of the Southwest ¼ of Section 3, TOWnship 52 South, Range 42 East. Lengthy legal descdption - ~u may contact the Aventura COmmunity Devolopme~ Debaffinent .for the complete legal description, SIZE OF SUBJECT PROPERTY: Approximately 2.475 acres Plans are on file and may be examined during regular business ~oUr~ in ~ City of Aventura Comrounity Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180, Plans may [ be modified at or before tho Public Hearing; Tho application may change during the hearing process. The Public Hearing will ho held at Aventura Medical Arts Building, 21110 Biscayne Boulevard, Suite 101; Aventura, Florida, 33180. Your comments may be made in person at the hearing or filed in writing dPrior to the hearing date. Rater to appilcant/p~operty on cormspon- ence and mail Same to Ci~ 0f Aventura Community Development Department; 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180, For further information, please cell (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because Of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any dec[sion msde by the City Commission with respect to any matter considered at a meeting or headng, that person will need a record of the proceedings and, for such purpose, may need to ensure that' a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M Smith, CMC, City Clerk 4/24 98-3-042425M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that 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 Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING 5/5/98 APPLICANT NAME: DREW WOLF APPLICATION NUMBER: 03-MA-9? in tile ...................... ~. ....................................... Court, was published in said newspaper in the issues of Apr 24, 1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Dada County, Florida, and that the said newspaper has heretofore been continuously published in said Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail metier 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; and affiant further says that she has neither paid nor promised any person, firm or corporation any disco t, rebate, commissio ret nd for the purpose of secu ' g this advertise tion in the said ~inews po ... ........ da ....... , A.D. 19 ...... ~ ~NOTAR¥ SEAL ~ ~%t~-- - u~/. JAHE.~r Octelma V. Ferbeyre parsonally f;~"~/t~' Uc°~}~li~°~u~fir~CC566004' --OFF%O dUNE 23,2000 CITY OF AVENTURA DATE AND TIME OF PUBLIC HEARING: Tuesday, May 5, 1998 6:00 pm APPLICANT NAME: Drew Wolf APPLICANT REQUEST: The applicant ia requesting the fbi[owing: 1. Release of previously approved Resolution No. 4-ZA8-134-79; and 2. Public headng approval for automobi[e and light truck, new sales agency or rental as required pursuant to Sectio~ 33-247 of the Miami-Dada County code; ~nd 3. Variance from Chapter 33 of the Miami-Dada County Code requiring a decorative masonry walt at least five (5) feet in height to enclose the vehicle storage area. (Provision of a partial masonry wall to the front of the property only is proposed); and 4. Vadance from Chapter 33 of the Miami-Dada County Code requiring a continuous, densely planted gree~bert of not less than fifteen (15) feet in width, (Provision of nine (9) foot wide greenbelt is proposed); and 5. Variance from City Ordinance No. 97-17 allowing two (2) signs on a masonry walt in lieu of one (1) freestanding Monument Sign. APPLICATION NUMBER: 03-MA-97 . ~ LOCATION OF SUBJECT PROPERTY: 1780g Biscayne Boulevard LEGAL DESCRIPTION: Lots 11 and 12, of 'Maule Federal Highway Industrial Sites', according to the Plat thereof recorded in Plat Book 46 at Page 55 of the Public Records of Dada County, Florida; less the east 33.75 feet thereof. SIZE OF SUBJECT PROPERTY: p4~oro~y 0~31 acres (13,5~6 SF) Plans are on tile and may be examined d~ring regular business hours in the City of Aventura; CommUnity Development Department, 2999 NE 191 Street, Suite 500~ Aventura, Florida, 33180. Plans may be modified et or before the Public Hearing. The appficefion may ~change during the hearing process. The Public Handeg will de heel at Aventura M~al Arts Boilding, ~;10 BisCayne Boulevard; sure 101, Aventura, Florida, 33180. Your Comments may be ~mede in Person at the bearing Or filed in writing pd0r to th® hearing date. Refer to appliCanvproperty on cecres{xm- dance and mail same to City of Aventura, Community Develo[~nant Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. For;further information, please call (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all. Persons who are disabled and who need apectal accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. : .~ if ~:pe~sori decides to apPeal any decia]~h' mede by the C~ty Commission wi~h respeot to any ~r censidered at a rneefing~ of hearing, that perSOn will need a record of the proceedings and, for such purpose, may neod to ensu~ that a verbatim record of the proceedings is made, which record includes the testimony and evidence Upon which the appea, I is to be based. Teresa M. Smith, CMC, City Clerk 4/?4 98-3-042426M FF:Or t : NoVEMI~SP- d, 1997 WASI-t DEPOT I, INC. PAdS 3 OF 5 It is proposed that all existing structures on thc lot bc removed except for the buildi;ag housing the serf service carwash bays. '['his building wilt be retained and house four carwash bays and two quick lube bays. The building will be extended to house a convenience store and four new detailing work bays (both areas approximately 30' x 60'). A new automated tunnel carwash building (47' x ld0') will be constructed along the southwesterly edge of the parcel parallei to Second Street. The new canuash building wit[ have a two conveyor system so tha~ vehicles may enter and be serviced simultaneously side by side. A new gas pump area is also proposed adiacent to ttxe P. evere Beach Parle,ray. Three pump islands will be canstrucmd. The new site proposes to reduce the number of curb openings from twelve to tire, one on F4evere Beach Park~vay and two each on Spring Street and Second Street. ~ · · - , - .-fence shows that a significant portion of vehicular traffic attracted b7I tn general, past expc~ ....... 'r-- ~-e normally nassing by the site and turn into / -. some of the so,ices pro~vmeo at tins tOol. ID] . ' ' ' misc. Fherefore, these customers are from traf£ic already on th~ roadway the fatality on tm.t ..... n ...... ~ r,~ thi~: the nresence Of d~ese services am not 2serf on route to anotl~er oes~ula~lon. D~,~ considered traffic generators but simply servicing passing traffic. This ia particularly true et gasoline filling stations. The rate by which gasoline filling stations tend to attract customers usually depends on several variables: 1) the volume of traffic passing the station; 2.) tile type o1' station; 3) the sale price o{ gasohne, 4) the ease or convenience of access; 5) the location of competing stations; and 6) the hours of operation. It is also very important to point out that the services and products offered al. this facility complement each other. Thc runnel carwash is considered the core business at this ske. Data from similar facilities indicates that 9% of tile canvash customers also use the quick lube, and that 30% of the cnstomers also p~rchase gasoline. The convenience mart is generally a secondary stop to the purchase of gasoline. An increase in vehicle trips into the facility is anticipated as a result of the proposed improvements. An estimate et' the anticipated vehicle trips may be obtained by comparing the proposed development to a similar existing location. Sonny's Car Wash on Eastern Avenue in Malden, although not exactly the same, is somewhat similar· The Malden site has a tunnel carwash, self service bays, two quick lube bays and a detailing work bay. In addition, although not part of the site, a gasoline filling station is located on the adjacent IoL For comparison purposes, tile table below lists the number of vehicles serviced during some normal and peak conditions. The table compares the Malden facility with the volume being realized at th~ existing facility in Everett. The data is from records at the two sites between January 1, throngh September 30, 1997. Site Location Determination We et Sherman Inclut~rle~ feel we hive designed s~mm for determining ~ ¢~r w~ volume. From h~ work~ out ve~ well. Il ~ ~r Mpe that .i~. However. it J8 ~t m~nt ~ ~ ~ g~ of ~w much volume Your I~ation will do. ~erll ~er Items'enter in~ ~e pi~ute, ~ ~agement, TO ~ ~ I~tem, ~ ~mugh ~ 1 ~h to determine wh~e y~ur IoM~ w~ fit ;~ ~ ~n~ge flgu~ an~ divide by 8, ~ will g~ you an a~emge. Then, multip/y mia figure I~ t~a~ COunt t~ find a cI-;iy average vo~um~ Plus of minus fectons ~hOuld indiaite whether should ~cld tO Or iu~ Imm ~ur ~ flg~ For ~PJe: ff ~ur to~ ~ln~ ~ g~ve an average (~ + A Multiply thil figure by t~fflO ~Unt 7~ TRAFPlC COUNT"~:~4 HOURS ~J~ $HERMAN INDU~TRIEI. lNG, I>ETlTION BUBJtVfl VARIANCE REQUEST OF PAPPAS I>ROPERTIES e/k/l COVE OF BISCAVNE tOt AV~NfURA CItV COMMISSION the uhd&fai~n8d r88idente of Aventurl re8peotfully request that the Avehturl eity tijM~laelon arant tha pandlng variance request. One of the ~reet ~le8aure8 of living in thie eOMMunlty Ie the Begel Cove Raltaurent end ita edJOining ehop8 end bUIln88eee. If the varience Ie hot granted, thie ehopplhQ eenter will loea Ite landMark anchor tenent follpwad by the feet 0' the bUIlnasaae that rely on tha enchor tenant for Ita custOMer tref'ie. thil would be a graat loel to Aventure end our quality of life In thie coMMUhlty. In addition, after reviewing the elte we don't consider thll e eafety laaue. Pleaae approve the variance, .1...- d DlC) I [ t. B. '1. 11. 12. ADDRESS ~J? ~t? /83 RC:C;;r ~II nQ70.. i'lL '5/~7 I '1~oo 'J~ 0'{ /f6Gl 0' ~ )yl 11(07o/'~ fL~ ( ? b~) 7 0kc," 0A-<7 CVCL~ f (1516( rJC" ~I r! (l,oA 7-oJOt ~J, (". C ZJ f( C-J' ~~'-- {(7~~ ~ ~ - ~L-y/ G!~~~,-~~_ /Ii; J:..' IV .J:;.l7fJ { 0\"'" -t,c.r Vt ~ 1 A \1'4 \i'\.,JR A Au (,<--n.. iL -.., .); fi , I ,., _/ ~ f sIN. /:.'! is;7 ,/!;r'L/~I'vI,/l( It/!- I>ETlTION SUBJECT' VARIANCE REQUEST OF PAPPAS PROPERTIES a/k/a COVE OF BISCAYNE TO, AVENTURA CITY COMMISSION The undersigned residents of Aventura respeotfully request that the Aventure City COMMieeion grent the pending variance rOQuest. One of the great pleasures of living in this COMMunity is the Bagel Cove Restaurant and ite adjoining shops and bUSinesses. If the variance is not granted, this shopping center will lose Its landmark anchor tenant followed by the rest of the busine.5ee that rely on the anchor tenant for it. customer traffic. This would be e great loss to Aventura and our quality of life in this comMunity. In addition. efter reviewing the site we don't consider this a safety issue. Pleeee epprove the variance. 3. ADDRESS :2, 7SZJ /VEf g M aflF;/ (&c~{."- ~o'-f') Dt:3q'~fL. ~ ~ ~ "5~.l-D fU1~ l'f- ff tJt( .!t~ ~1l9. "'~~~) ,?Cd) _M~NQ. () 11' A. #/')/(, l--:l 5. ~L./lJL cfi.fl1 j ~'70 IU Coun~ CUUv. B. ~ tJrdV'U1- ,2; 0 -r-( 7 'i /It b. 3j/{;o {' ,~ z( '{ 7. J' W~'^"'> ~uD. S'. ~ ~,,J- (!)~;~~;- 8. 7'-{ ~) 10. /Brlwv<<!t. Il~",>>~ 12. II. f/ (itS elf Q..AJ S c!./v SIGNATURE 1. cl.. 2. On,V'l<' DJt i. 'k. 37z..,'J- ( 1tw~M- 33! '{U 9. 3600 I>ETlTION SUBJECT: VARIANCE REQUEST OF PAPPAS PROPERTIES a/k/a COVE OF BISCAYNE TO: AVENTURA CITY COMMISSION The undersigned residents of Aventura respeotfully request that the Aventura City CO~MIsslon grant the pending variance request. One of the great pleasures of living In this eo~~unlty 15 the Bagel Cove Restaurant and Its adjoining .hops and buslneeses. If the variance ie not granted, this shopping centar will lo.e Its landMark anchor tenant followed by the rest of the businesses that rely on the anchor tenant for its custOMer traffic. This would be a great 10.. to Aventura and our quality of life In this cOM~unlty, In addition, after reviewing the site we don't consider this a safety Issue. Plea.e approve the varlence. s. /l(;;;y 'fA. G Q~ /~ / B. liklL\ON\ \i'~i~ t. AOORESS / (I J/ /V'c]Ic:lL<-,/ ;f~,/7-3y/f.''' 4. 55/W '33/pJ \'80 ~ ,;? () \ ,f- s- c' C-t: Ii c~ Dr '33 ir-o II Ie k, \ ~ E C2C\) N\d :"'0~~ Yo<:.- ::s'~\ ;'--,c' " 7. I' 2- Cf-"d/''0J f l r ~..L""\ '3 S- b (J p( l/<} ; c PI D Ice?' 11J d3L-J., f) 16 r 3:5 (fc 10. 3' 3'/,r'u) B. 9. 11.~ J~ 12. I>ETITION 9U~J~CTI VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/a COVE OF BISCAYNE tOI AVENTURA CITY COMMISSION the unde~sl~ned rasldant~ of Aventure re~peotfully request that the Aventu~e City CoM~lsslon arant the pending variance request. One of the areat pleesuree of living In this eOMMunlty Is the Bagel Cove Restaurant end Its edjolnlng ~hopa end bu~lnesse~. If the varlanca is not granted, this shopping center will lo~e ita landMark anohor tanant followed by the reet ~, the buslnes~es that rely on,the anohor tenant for Its custOMer tt'IlH Ie. this would be e grMt lo;~ to Aventura and our qUl!lli ty of II fa In this ooMMunlty. In addition, after ravlewing the site we don't consider this a safety I~aue. Please approve the varianoe. 2. t. ADDRESS '/11Qr ~ '!J'f (l Pr bR. '~M- Fe. ~ ~ !l. 1<0 I CO G I "c, ,;, r ~~ ccu'tu. (l l'L ~ " FL ~.~L do 17 ;J'4~1fh{jM~ J3f~ t{4JocJ ~ ~ 13t(rc, 3. 9. I tJrJD Ja/.lWiJ rJ'6 - fJD{ 8!r~a IJA '~ . ' . J);;/- ~~~ M",~_ ><<I )( ~ ,{3 ' e.l~ 3;)// . vO 4~~, i3tio L (f {f 5. 9.' " u~:t~ 1.~~ 11. 12. PETITION SU~J~CTf VARIANCE REQUEST OF PAPPAS PROPERTIES elk Ie COVE OF 81SCAVNE tOI AVENTURA CITY COMMISSION the uNdersigned residents of Aventure respeotfully request thet the Aventur8 City Co~~l.elon grent the pending verlence requeet. One of the greet ~Ieeeuree of living In this eO~MuNlty Is the Bagel Cove Resteurant end lt8 edjolnlng shope end businesses. If the verlance 1s not grented, this sho~~lhQ cenler will lose Its lendMerk anohor tenent follpwed by the rest 0' the businesses lhat rely on the anchor tenant for Ite cU8toMer tre"lc. this would be e great loss 10 Avenlure and our quality of 11fe In lhls cOM~unlly. In addition, after reviewing the 81te we don't con81der ,"to ,.c;:;Z;"~'i;i"'" lh'~:::~ .. I C~~ l. .,J ~+ 1?707~ VVl};4_ t~ 2, :ditwd ~~ .J!2~1 AI.E 'fJ-oC-r fi//lJI/Ir11/15C19C: ,.~LJ;;~ IJ'mNC" Cr. I~_. C-p 3,,,,. co 4 - q" :)<=: n1'\.,. . C:C:L.!.\...t':\ ~1~'~ 5. ;)-tf <.(3 Nt 2-)vcf U0D~v c '3 J!J?) '--- 33/71 11. 331 b 0 10. /7 51G 0 3S/Sf/ 9. .' - f)./~JJ j!) , - .'> ( <-,,--- '-- --->, -- ~..----, - : )';^1."L7 Ci~.~ I { /} 1ft .3.3 I )-<j I>ETITlON 9UBJ~Otl VARIANCE REQUEST OF PAPI>AS PROPERTIES a/k/A COVE OF BISCAYNE tOt AVENfU~A CITY COMMISSION the uhde~81~ned re81dente of Av.ntu~e respeotfully request thet the Avehtura tlty eOM~19Slon ~rent the pending verience request. One of the ~reat pleAsuree of living In thiS eo~~unlty IS the Begel Cove Resteurant and It. edJOlhlng shope snd buslne.ses. If the variance is not grented, thil shOppiNg center will loee Ite land~erk enchor tenant followed by tha ~est 0' the buslnessas thet rely on tha anchor tenant for its custoMer tra"lc. thll would be e great loss to Avantura and our quality of life In thll COMMunity. In addition, after reviewing the elta we don't consider thlB e safety leeue. Plee.e approve the variance. ~ ---r:~ ll. 0!Y0v S~ 13. Ie ..p .l'-(Je ~ r--- t 1./UMk-#W{ 12. ~\~'v\li\.\,. ADDRESS 7. ;UJ116 33/ (~O , P-i.J) r. ;k 'S-=5/6?) ~~:;[ 71 ~0 elf!. / !/u.i 1fd-u/ (j~b O(few- glu} C tJ IJ~t,d Pt )?f~ . /7--J) 5/"- it '1'f) ,2/M/. (~t/af11;i~.5 ):3~ . 4~ ~~ft- ;)..0\ Q I e%'1 GoN>\L'I C~ Y<h' ?:318C:l (' 1 ;2 () ( Sit 5) oL\Z{II~ al~ .DtZ ~~~ (8-~ . Jv if( & {fj (~Ut .I{ t. 2. :3. 4. s. 8. / /''los~ ~ ? 3,?tP(J /13fsD f1(fJ'" rC'!/~I~s A.,\c-}V/,f;6- (Yt if fie (If I) (L ~\, \ C\\ u/\ \ \Y'vy\ {~\\. \r..~ \ . I . \ / lv C '0\ \ I>ETlTION tUBJ~tlrl VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/. COVE OF BJSCAVNE tOt AVENfUnA CJTV COMMJSSJON the unde~el~ned reeldents of Aventure respeotfully request thet the AvAhtu~e blty C~M~lsslon ~rent the pending verianoe reQuast. One 0' the breet ~le8eur.e of living in this COMMunity is tha Begel Cove Restaurant end It I adjOining shope end busineeses. If the variance ie not granted, thil eh~pplHa center will lose Ite lendMerk enchor tenent followed by the ~eet 6' the businesses thet rely on the anchor tenant for Ite custoMer traffic. thiS would be e greet loss to Aventure end our quality of lifa In thiS COMMunity. In addition. after reviewing the eite we don't consider this e sefety Issue. Plee.e approve the va~lance. 1 SlBNfTURE ,.](dr. (\ l. 2. '? 3. " I I \ " " I '" L'LY. 4. --l \1"" ~, (>;' S. ,,//t..---;/.c, ,/ ,...-.-. , '- ((('~~ORUh ~ I ~ til [11)(U/1 I, I ,(\ 1.1- . J.LJ!( I' C;lll'(~ -) ,; ----r ). I Lj/-l-/YJ . /l [;J5.1;; c ( fv( 3Cic.\: " B. 1. IL fl.l,~&~ iJv/d~ 12. ~,,~ ~ . ? .3t:,: c: ,,1/ I~' /CJ 2 s f- ~ / 7 ,I~) .~ ~" - ') ...-"7 .?--,,", j' ....- ..-/' ~/ - . ,;t7 / . /" ' /I,' ~ c ; . ~( , J/./ if .:.:: .<-j "~oj '/ I ~ 1 t}) J. 12t;'H(1/' fl) 1M P IC,'U L);} tilT;;. cJ6 /k fl AJl;h 212&0 J'../ /Yl6 ~, b01 '~/fi //-r;,<1' Z~d d(A4/$ C i'U- '),3'1: S- N f; s"'''' ]A Cr (,\(\. 3j!(,c) ( I, LlC~ Q'l>-€i ..~">-- ;?L J:l=:z.u L( ,.-, n n / 5.5/d' I>ETITION ~UBJ~~TI VARIANCE REQUEST OF PAPPAS PROPERTIES elk/a COVE OF BISCAVNE tOt AVENfunA CITY COMMISSION the unde~Si~ned residents of Aventure respeotfully request that the Avehtu~e tlty CbM~lsslon ~rant ths pending varience reQueet. One of the ~reet ~leeAureA of 1ivln; In thi8 cOMMunity i8 the Bagel Cove Resteurant end It I edJOlning shops end businesses. If the varlence IS not granted, this shopping center will lose its land~ark anchor tenant followed by the ~eAt 6' the bUsinesses that rely on the anchor tenant for Its custoMer trA"lc. thiS would be e areat loss to Aventura and our qualIty of life In this COMMunity. In addition, eftar reviewing the site we don't consider this e safety Issue. Pleese approve the variance, SIGNATURE t. . ,j,'J\, ~~iV 'J) ;' r' Ai)!' 6 I II .' j ,'! 2 . v . "tu, , 1 . " '{,fh."L.' !)/J. 1". ' 3.L.iLM.c{j, fl( /lr(liC1iJ/ 4. (~l? l J s ~1 rlI/11ftU:./ c U11/ I.yi~ / / j 1 . (; - I -0 C 1 /'\ r / /J 1/(' '4. C/ {/clcj/ u'(1;__ ,;; 1(, U /~/_O/f'lf/ L/_, ADDRESS ~ (D 0 - kt;;r tl j~( ') I 1/, ~/ / .l t'(' II" d', I 'I j'Ji,'" . 'It .~.) ,I . ?/,J/L c '/'" /(' ~-) "j (.. /&1(14 }1 [ S I Ar'c LPI v ff2i;. '~F3 I ,H) '/ '> n Ie. Co , / 8. , 'I. &//}i1'L/( ! dill/ii' /(/; t'-A , /> ~ _,' / .',. I) ,c/. ,~'.::, ~,- /- t:...tVfl Ii /( ((770 )" 11. 13. , , C~r 7~ " r\ # 24 56 Oi(())' 11 . -":,/:/ / /~,\ -5 J/ f-:, (.} 5 ~J1q (/7 ;,]:/ ;jJ PETITION RUBJ~tlTI VARIANC~ REQUEST OF PAPPAS PROPERTIES A/k/t COVE OF BISCAVNE tOt AVENfUnA CIty COMMISSION The uhde~81~ned re8ident! of AVlntu~e respeotfully request thet the AVlhtu~e city COM~i!sion ~rent tha panding variance requeet. One of the ureet ~leA8uree of living in this eOMMunltv is the Begel Cove Rllteurent end lte edJOlhlng shops end businesses. If the varlence ie not granted, thi8 Aho~~l"Q center will lo!e its lendMark anchor tenent followed by the ~e8t 6' the bU8ine!ses that rely on the anchor tenant for its eUltoMar tre"ie. thiS would be e great loss to Aventure and our quality of life In this COMMunity. In addition. after reviewing tha eite wa don't consider thi8 A safely issue. Pleaee approve the verienee. 4. ADDRESS ~? -::, (:J:) /1 15-7; c I~ I/Y r; IJ ^' ;( IV f? l. 2. N)< 3. 1YOI~L ~c.\infC\tr #SIS JL',,'i-vrq (8''''71 J, ~ (JJ JJ Jr.O rkJ (J, JrLA 18'O't1 &, ISLA-\l-b [!;Lv ~ #9tff AJE0Cu~ ~LJ '{ fee( I %Y yf A uf;([G1y I( 1/ 4-1,)302 ~~J . /1-6d--Y - C c f),~. a~-li ;qbM (CtMdr:JCU. fbe~rFL t7~ /.-.d HL/(/afbJOt;-/L r: ;J ,/ - I< t/uO / q CJ'f( (') If' f/'Y l IJ <.::::; r 12. f'6't12 I .0 D <Y!;0 f;?fSC/fY", FJ "'ETlTlON ~UBJ~Orl VARIANCE REQUEST OF PAPPAS PROPERTIES a/k/a COVE OF BISCAVNE tOt AVENfUnA CITY COMMISSION the unde~8t~ned restdents of AVlnture respeotfully request that the Aventu~A CIty COM~Isslon ~rant the pending varience requeat. One of the b~eat ~leaeure8 of llvlnw In thIs eOMMunttv is the Begel Cove Restaurent and Ite edJ61nlng shops end businesses. If the variance is not granted. thIS 8h~pptna eenter will loee Its lendMerk enchor tenent followed by the reet 0' the busInesses thet rely on the enchor tenent for Its custOMer treffle. thle would be e great loss to Aventure end our qualIty of life In thl8 cOMMunity. In eddltlon, efter reViewing the alte we don't consIder thiS a eafely Issue. Pleeee approve the variance. SIGNATURE f.~,,'l-.~~~ AODRESS ~~ Sc:J:s;~ ~'C ~. '-'--~ M~ 'f tl.a-.o ;.IE 1'11!7 sr- ^" ).1 , M>\ I ~ ~.~~dK~ 3. 0\~~c-o\.-~~_ II. Uo~~~ . ~ 4. h.\)~ ~ r -Ui\A- \ _ '3 V6b J~rv-rcc 5. B. / '1. IL 10:' qg<; .t C0 6 71; 1 (\, ,t: '22St)~ W'.[~ !l. 12. [ <Do' t r(rlL, . I>ET IT ION SUBJ~tTI VARIANCE REQUEST OF PAPPAS PROPERTIES alkle COVE OF BISCAVNE tOt AVENfURA CITY COMMISSION the uhde~sl~ned residents of Aventure respeotfully request thet the Aveh\U~A tl\Y CbM~lsslon grent the pending verlence requeet. One of the ~rea\ ~lea8ure8 of Ilvlnw in this COMMunity Is the Begel Cove Resteurent and Its adjOining shops end businesses. l' the varlence 18 not Qrented, thiS ehopplng eenter ~Ill lose its land~ark anchor tanant followed by the reet 0' the buainasses thet rely on the enchor tenant for ita custoMer treffle. this ~ould be e oreat loss to Avantura end our quelity of life In thle COM~U"ity. In addition, after ravie~ing the site we don't consider this e setety Issue. Please approva the varianca. /J SIGNATURE K1 r.-li / ~eJ/A/ oJ POI! ,(1[/"". /;tltd ~itvtq t!. OJ-I1J"l ;;2fs,OD~~'(P-1K."i.~J 3. ) fj~ .~ AODRESS I. I '7'f{j I ~C.J /J. n.j-,-. " Nee.--- ~ \~()\\r)t ~~~ \~ \ ~<f'-'~ ~L0\........J.t C?r\) " '!J-+f "'~ ti""'-'-..,-c-,'\,~W \; 4. 5. B. j,! d, ) TG I "h; LJ,( ~ (I.., i) [J.t..t4//1 Ill. 21!o I II. '.. \ I (p. Z- At-~yv i2{;. Mh. 12. . I>ETITION SUeJ~tTI VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/e COVE OF BISCAYNE tOt AV~NfU~A CITY COMMISSION the uhde~8laned residents of AVlnture ~espeotfully request that the AvAhtu~e tlty CbM~llelon arent tha pending variance reQueet. One of the ~reet ~lee8ure8 of Ilvln; In this co~~unlty Is the Bagel Cove Reltaurant end ItA edJ~lnlng shops end buelnlsses. If the VIr lance is hot granted, thts sh~pplHa tinter wtll 10le ttl land~ark enchor tenant followad by the ~e8t 6' the bustnesles that rely on the anchor tenent for its custoMer trAffic. this would be e greet IOSI to Aventura and our quality of life In thl8 COMMUhlty. In addition, aftar reviawlng the Iltl we don't consider this. eafety Illue. Pleale approve the variance, t. {7 StGNATURE ADDRESS /' () n.. I. b Uu~ ~'Z-<s to '~~\4\..j ~. QA' aw t-V1...,lv lq,~( ?(4l~h (J{f~ ~.~v1-tv~ 3. 'm ~ / b cj~\:"--- ~.--> ~ tJ I H 6 4, Lh ~,,-k o~- 8, zq--\/:I ,j) h~f/V S t-l~ 1..b 7,.,>7 '.>1' CZ-\ s. fl. 12~'~Ji~ IJSD I /1/ 15 9fA oA tI , J/ / (' ;? 0 IV I /LL~ b.~ /3:;r Ii E. 1(1 ,v ;;26/ de.,' ~( '3 7 II Il~il/V'y -r/ /7 L- J;""iJrX jj/ ;3rr? Al0JIC~ &~~ II (5L-Av'p AVt:; />J~\~ IlL . PETITION BUeJ~OTI VARIANCE REDUEST OF PAPPAS PROPERTIES A/k/a COVE OF BISCAYNE tOt AVENTURA CITY COMMISSION thA unde~sl~ned reSIdents of Aventu~a respeotfully request that the Avehtu~A tlty CbM~lseIon ~rant the panding varience reQuaet. Dna of the ~reAt ~le8sure8 of livlnQ In thll eo~~unlty II the Bagel Cove R'ltaurant And It' adJOlnlnQ shops and busIneSses. If the variance 1e not granted. th18 sh~pplnQ center wIll lose its lend~ark anchor tenant followed by the reel 6' the bUSinesses that rely on the anchor tenant for Its cuslo~er trAffIc. thIS would be a great loss to Aventura and our quality of lifa In thiS COM~uhlty. In additIon, after reviewing the site we don't consider thla a eafely issue. Please approve the varience. ~,,~,~ .1JJtJtt& ~ 2fffl "~ ~r35ibO ) ,/' ~4W L~&~/~v r;', /':1 /) 4. ~V~ , ; '70 ( IV 1/' (f ~( J (( t1-/.J l. t!. 3. t;. B. 1. /: I> i t- 1. i J -, " I....... , (7/ \ I ! , ~. t Ij0~t~ YidL J Ill!. . ~ pdZ:'- .r? Ii. , ., :. .1' ( , '-..j Il. It. 12. ,"-' ,< / . ADDRESS ~/ / c2JhJ~~35/0G 33:10 -1E /9( p/ 3J/jO Cc br, / /1(;f) A: // ~i (i 3q[) 2 ;t/ E ~)Jf- rp '3-:3/ ?Q )J~IV '-... / I, 1,"( /'j /',' ./'/- } " . '\ .' uzJ I~p_f ~~ ~~ I>ETITION tUBJ~tlrl VARIANCE REQUEST OF PAPPAS PROPERTIES A/k/e COVE OF BISCAYNE tOt AVENfURA CITY COMMISSION the U"de~SIQned reSidents of Aventura respaotfully raquest that tha Avehtu~A city Co~~15elon Qrant tha pendlhg varlanca reQuast. Ona 0' the breAt ~leAeuree of llvln~ In this eo~~unlty Is tha Bagel Cove R'staurant And lte edjOlnlng shops end businesses. l' the verlance 18 not granted, thtl shepplhQ center will lose Its lend~ark anchor tanant 'ollpwed by tha reet e' the bustnesses that rely on tha anchor tenant 'or Ite cueto~er trAf'lc. this would be e great loss to Aventure end our quality 0' Itfe In this COM~U"lty. In additIon, eftar reviewIng the site we don't consider thiS e safety Issue. Plees. spprove the va~lance. I stGNATU~~ ~~E~SA k. /f) /~/ ~-3rI~ rJ:t;, 55/ctO ~. ~ h 31p . M.tK2t.. ':>,fD 3. 1. )7! ~C; S7>O /1; 0 f V S 3/&6 i'f'O~" ;\I~~ <<~. ;o.,c,!~?, V~~~, ~~:0&I-~. ~.' "i\.')'~" 4. s. B. 11. Nt. 51 cr, 11. , /1.J{j /j;~// 12. . I>ETl Tl ON Ii' tt VARIANCE REQUEST OF P/lPP/lS PROPEIlTIES A/k/~ COVE OF BISCAYNE tOI AVENfUIlA CITY COMMISSION the u~der8i~ned residents of /lventure respectfully request thet the AventurA City C~M~lselcn grent the pending variance requeet. One of the tll'llllt 1I11lasUr'1l8 of living In thl! eOI'l",unHy U the !lage1 Cove Rlataurant And It. AdjOining "hCP8 end buslne8ses. If the v~rlence ie not granted. thi8 ehoPlllno center will 108e ita landMark anchor tenant followed by the rAet 0' the buelne"se. that rely on the anchor tenant '01' Its custOMer tre"IC. thle would be e great 10s" to /lventura end cur quality of life In thle coMMunity, In addition, aftor reviewing the site we don't consider thle e eefety laaue. Pleaae approve the varience. t. ,~~ rJorf~OOil. Cc ,c6" '.4,Jllf ,". 3<!.o; L~-d.., u>t.. ~ 3. ~ ~t>p1L!:-~ '---')'-1, I I"" C i/j;('I" 0--" 0 ,)-e^J-~_ , '~., //'/ J< P:; / 9 c; 73 h ~ 3 7J'k ~ c1 ' ~~ _O~~, 7'---( :33/cfCJ 1 .--lZZ- /'/, E. ;; 1. j r R ~ /' .. ~7(~- d n . /"A"jf4~rf/rI . P. ,~tt I d .;-)- r4K4f ~~ ~'f) " ' N1:~, .~~ r ~L 5. 7. II / {1 n._'Jl!.f{J:'3H 0 wJy \~( j-;J~ :h 7 T));: ~ - .1)--2"1' (') ((0) (: ~.>( ;1 '{ i)Jv , I 1 \../ \/ -' if \D~. .-A\~ ~ .tI If .9-v1t~C{ 12. ~ O,,~, .1.)/' ~0/, .~ .~ rt1\QL '/C(((j( 10. It. ~~ k I'ETITION tUBJ~tTI VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/e COVE OF BISCAYNE tOt AVENfURA CITY COMMISSION the uHde~sl~ned residents of Aventure respeotfully request that the Avehtu~e City CDM~lssion ~rant the pending varience requeet. One of the ~reet ~leeAureA of living In thl! COMMunity Is tha Begel Cove R'staurant and ItA adjOining shop! end businesses. If the variance Ie not granted, thi! shopping center will lose its landMark anchor tanent followed by the ~eAt 6' the buslnesse! that rely on the anchor tenant for ite custOMer tre'flo. this would be e great loss to Aventure end our quality of life In this CDMMuHlty. In addition, after reviewing tha site wa don't consider thl! a safety Issue. Pleese approve the variance. t. l. 5~O -----::> -...--- 3. ( ) 4. S. 8. /7_7 ? / ll. !l. /2S2 10. If. 12. . I>ET IT ION BUBJ~tlrl VARIANCE REQUEST OF PAPPAS PROPERTIES a/k/e COVE OF BISCAVNE tat AVENTunA CITY COMMISSION the uhde~sianed reSidents of Aventure respeotfully request thet the Aventu~a City C~M~iselon arant the pending varience raQueet. One 0' the braat ~leaAur8A of living In thll cOMMunity il the Begel Cove Relteurent and ItA adjOining shope end bUlinessee. If the varlence is not grented, thiS shbpptno canter will lose its lend~erk enohor tenent 'ollpwed by the ~aAt 6' the bU8inelsae thet rely on the enchor tenent 'or Its cUlto~er traffle. thiS would be ~ areat 1011 to Aventure end our qualtty 0' life In thiS cOM~unlty. In addition. after reviewing the site wa don't consider thiS e sefety Issue. Plee.e approve the varlence. t. t. 3. 4. S. B. 't. / IL !I. 10. fl. 12. SIGNATURE ::rcJC/ fO/vf)t,;/ ADDRESS -y,(Ji IJ f: ?O~,I yt- , . , Jl ]\'W ^-', "'" (>"~,)"'- "'-1/~4 -;f- ff jf./e (y5L-- 7 107 /:!:'r-<kc~"'" j~ ,d 3CDCJO mu r2Z<-.-rY " / '" / ~ . ''4----.L/ /(/~.~ ~ L,~o~ 1/ IT /:) _",r , J ,/ . ,-1 '. :1, ;, I ' -- -- .j '-.< '! '/' / . \ '--' ._/"1 ./ q (41 j) 1 (I A -4~}/~ 6Prf~j6 I :,b*'-- ~~ (h ~1 -f '"'-~ ) i , ! %I)u fA ~{~ lilt F~ . I'ETITION 8UaJEtlTI VARIANCE REQUEST OF PAPI'AS PROPERTIES a/k/a COVE OF BISCAYNE tUt AVENfURA CITY COMMISSION the uhde~SI~ned residents of Aventura respaotfully request that the Aventu~e Olty COM~lsslon arent the pendIng varience requeet. One of the ~reAt pleesu~es of lIving in thIs eo~~unlty IS the Bagel Cove Restaurant end It. AdjOining shops end businesseS. If the varlence i& not gra~ted, thl' .hep~lha center wIll losa its land~erk anohor tana~t follpwed by the ~eat 6' the businesses thet rely on the anchor tenent for Its custOMer tra"lo. thiS would be e greet loss to Aventure and our quality of lIfe In this coMMunity. In addition, after reviewing the alte we don't consider thiS e safety Issue. Pleese approve the varience. St~NATURE t. 2. 3. s. B. AODRESS j7 so ''!C I ~~ cd Sf" !(JJ/;JJ!J;)henV"- ~~-:,.~ Jt<C /7?~~ ~ "":) 35 1,() /;" ~.~ /q )Y-r l~~~ I~D \I 8(Sc.A~rJt tA...0o:f/Jbf./:/ ,lfJENTU'ur VL eft 1 ~~9 }//? / ~ '7 .r Y' 1) fit, n ,. 1.ma/l)X- .,If o<;..oAvI-.R,~ IL /e/lJ /!~0n II J+!t ~.'~~~ / II I 0 I J11'1<.)-!/ C ):lo /~ 15 IC.. /V!/(J I'J/'U/!// n,llrl0 :J/!.. /jW/frUILI9 /7/0/ /Y}?,i/r 41(D Vv\.e._ \~ 'it~.~' if(O( ?Uysn.t- ~Ih-. fb;~ cUci!1jCMX f)~JG~o/ \j() I) t~~L{,^_ ~~l/J7 10. 11. ~ '2.~VAMC\1fiVo{~ PETITION ~UeJ~tTI VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/. COVE OF BISCAYNE tOt AVENTURA CITY COMMISSION the uNde~.ioned residents of Aventura respeotfully requist that the Av8htu~e City CbM~ission orent the pendiNg varlenca requeat. Dna ot the brest ~lee8ureA of livIng in this COMMunity Is the Bagel Cove Restaurant And It I edJolnIno shops end businesses. I' tha variance ia not granted, this ehbppIno center will lose its land~ark anchor tenant 'ollowed by the ~eet 6' the businesses that rely on the anchor tenant 'or Ita custOMer trA'fIc. thle would be e great loss to Aventura and our quality of life In thl8 COMMUNity. In addition, atter reviewing tha aIte wa don't conaIder thl! e aafety Issue. Plea.e approve the variance, I. '" ADO)3.E-G S lo(JO _idLeI ZO[J J <<ff I if 0 ~ft Ii" ~~ t:Yrl) '// 0(jJ;~ , 12~V-,Jf . \ =~ /1____ II (",- fJ (/':-;;C-tt..,. l. ~." ,," =.:::::::, 3. .....~- "3'-)"'l(,N L ) "7L.-',,,, 1~'t,[:::,'~Nttn.~ ']':) )6(') (>.; 4, ( ( ,{ t" ( If s. B. '1. '-- IL " 13. ))/~i \1 '660 fIGj\ (:\ ?m' !:?c!\ '3 ~ / b (j Q2 altt& (l~ ,Av~WK II. ..,'. ~ SUBJI::CT: I>ETI Tl ON VARIANCE REQUEST OF PAPPAS PROPERTIES a/k/a COVE OF 8ISCAYNE TO, AVENTURA CITY COMMISSION The undersigned resident. of Aventura re.peotfully reque.t that the Aventure City COMMI.sion grenl the pending varienoe request. One of Ihe greet pleesure. of living in Ihls COMMunity is the Begel Cove Restaur.nl and ita adjoining .hops and businasse.. If the variance ie not granted, this shopping center will lose Its landMark anohor lenant followed by the re.t of the buslnes.e. thet rely on Ihe anchor lenant for its cu.toMer trafflo. This would be a great loss to Aventura and our quality of life in this oOMMunlty. In addition, after reviewing the .Ite we don't consider this a safety i..ue. Plea.e approve the Variance. SIGNATURE 1. ~ , / , /( rJ'~l 2. M J;Lu<vr-<>/' 3./!;4~;: ~~ .. ct;, ~f~"'''? U 5. Afi/l'Y,j{ ;P;;'.{M/MN B. 7. B 11. \.v~ ~~ 12. ~a~ ADDRESS (; '-' I L. 3 j tft (.:2-3 j ..lC-<../;-' ___ .I .1 \.',' '(' <-"../1.''--<--, V30 W~l Uvr-~;l0 , / 9 9 ~/ue u ~/:2f c2()3-:;;S q;/~~ (l Ai.- c!Jrz Cia:2, ?, ;5 OloAt f'AVJ</M 'ftuj rJJZ(j em,: 0 ( (. \,'1 ~\\) ,) Q,J) \!':' _)~'Yf~ I . ~~ f v /91rJ ( ;t1Y~/ I!mJjZ' N)i(l?,~ A[/~v7u(' A I '11 <0 , H ~ f ~ Df(. It-ve~-'>-<- qtm) Cd\ \,1 \ ~'C ~(j tlu r hL\ I I ( 711 ti~i.etl 77( <( {I . "- S -<sj Cdi~?(.1 jvP-O tV, C. I q I Sf rVo MtRl11 t31.i1 J., 317 Ji 3\'3c fti-1[l't-e /cLudL ~. ~~L>--:z,"i\."U PETITION SU~J~Ctl VARIANCE REQUEst OF PAPPAS PROPERTIES e/k/e COVE OF BISCAYNE to I AVENTURA C IT V COMM I S S ION the underllaned realdents of Aventure respeotfully request thet the Aventure City COM~loelon arent the pending verlence reQueet. One of the ~reet ple81urle of living In this eo~~unlty la the Bagel Cove Restaurant end It I 8djolnlng shops and bUSinesses. If the varlence ie not grented, thle ehopplng center will looe its lend~ark anchor tenent followed by the rest of the bUllneaoee thet rely on the anchor tenant for Ite cuetoMer tre'flc. Thle would be e great loss to Aventura end Our quality of life In thle COM nfty, In addition, after reviewing the eite we don't consider this a eat iseue. Pleaoe approve the variance, 4, t. AODRESS 3/1 0 1.) ,Nt ;'1 I 4 ~ n {Jt ~f1 7 ifo /; S /9c;Jl2J /0 f 7; m L3 ?7#'() ,J..~ (5-_<, ~ ~~ ~ ~Y1 /7C > ;U~ IJcxr I't/01 g. / 17b~ lUe\iJloS7 /J~Md ~, ~/P;v~ 'YL~~t ~ ~ tf.r?l (<(lor! \\1 ;f;!'t:JI. 1 I9LfSf [. Gunfrll/l,,-b Dr. r:I Vtf ( J ~- S r ----lL:- JJ1 ) I fr' oS ,~ ~ s. 1. 11. 9. 10. 11. 12. PETITION SU~J~CTI VARIANCE REQUEST OF PAPPAS PROP~RTI~S elk!! cov~ O~ BISCAYNE tOt AVENTURA CITY COMMISSION The UI1t!llrSII;lned rlludllnh of AVIlf1turll rllepllotfully "'lIquetSt thet the AventurA City Co~~i.eIDn arent the pending variance requeat. One of the ar!llt ~1l!l!eUr1l8 of living In thie eOMMuhlty ie the Bagel Cove Reetaurent end Its edjolnlno shope end bueinlleeee. If the varlence ie not grented, this eho~~thg cllnter will loee Ite landMerk enchor tenant followed by the reet of thl! bUeif1ee.ee that rely on the anchor tllnent for Ita cuetoMer trlltflo. This would be ! oreat lose to Aventure and our quality of life In thle cOM~unlty, In addition, after reviewing the elte we don't conelder thle e sefety leeue. Plee.e epprove the variance. t.~~' {!c_~(, ~'~~l[~~ 3. JL / .t ~ In _ 4. ~ 5. ,-t {~eJjYL- . ~~ ~\ IL kA1tf)/z~@1\ :373/ N.ClJ-, fJl, , ADDRESS /'/9r /l./"- / {, 7 Jr >iL J C7.P \L\~S ~ '\-.\\el>> ~ \CJC(; (~I~ 6 W, VIr-If V( (fbf1 7 13&(,b nlk)~",~ . Jt.l (. 'cr/o., -C ,f 7. 0, 0_1 C P -+- ,C' ~ 'A-I-- . ....,' ....... if .. l .. /,' / .. / ~.., I 'j}f' z //% / /; ~ t ':;:{f. fZ,r2t,:1[ / 0 v' ,. v;U,A/ -3':;;,.[; c:l fl <;6 I oS -o~ 7J/'?... .-/ 9. 9. / ro '1-/ ~, Q... --fiL-7CJ 7"- ..J ~ 5 {17g? ~~-~~ y,;t:/8/D3- I'ETlTION SuaJ~Crt VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/a GOVE OF BISCAYNE tOI AVENTURA CITY COMMISSION the undersigned resident! of Aventure respeotfully requ~et thet the Aventure City COM~lesion grent the pending verience reQueet. One of the ~reet pleesur8s of living in thle eO~Munlty Is the Bagel Cove Resteurent end Its edJolnlng shops end bu!lnesses. If the varlence ie not grented, thie shopping center will 10ee ite landMerk enchor tenant 'ollpwed by the reet 0' the businesees thet rely On the enchor tenent 'or its custoMer tre'flc. Thle would be e greet loe5 to Aventura end our quality of life in thle COMMunIty. In edditlon, efter reviewing the site we don't consider this a eafety Issue. Pleese approve the variance. ADDRESS / (A) r/l .' J) A J1 o v r I . ~cfV~~.{ /j/lrdl (I /7 ) S'b ,.u J J", Pc. SIGNATURE . ,_ {Jv.r.... W ~-cJ , ~. ~v~_ A~~~~ ./ ~. ~l ~f-, eOI/V\...vv~ ~ 1 ;J<F::u 2.s/4~,/ !?/t,~1 $2'72J ~.> Iv'"&. /1 [ sr y --'#1'1/ i' l. 3. 10. ~ ~ /35/0/ ;] 'l:.(3a1/ e (ei! sf ~ r rp I~ ') !)O(tJQ 91wo ~ , ~ ,f' ;; 7,f(:' )/ /' /f 3-;;jf -;#'- '{c' (< ) ,O?) /' /I-- //7 / d- (;;;(:;->; /I', C 'c(/J1~'IA;/-(- r1; / /c' _@-,~ii(O r ~ ~ L-. ~Nf) ~\'-- )... c:::> \ <6 -s:- 'fL . Co V ~fLl( CL.J~ s. 9. I'ETITION RUBJ~trl VARIANCE REQUEST OF PAPPAS PROPERTIE9 elk Ie COVE OF BISCAYNE tOt AVENfURA CITY COMMISSION the unde~sl~ned reSidents of Aventura respeotfully request that the Av@n~u~e tlty COM~lselon ~rant the pending variance requeet. One of the breet ~lee8ure8 of livln; in this eo~~unlty is the Bagel Cove Restaurent end Itl edJOlhing shops end businesses. If the variance is not granted, this shopplnQ center will losa its land"ark anchor tenant follpwed by the rest 0' the businesses thet rely on the anchor tenant for ite custo"er traffic. this would be e Qreet loss to Avantura and our quality of life in this cOM~unity. In addition. aftar reviewing the sita we don't consider this e sefety issue. Pleese approve the variance. t. ~J/rflL " ( i!. -?~~/.<~ " ' JG,~ .. s. ADDRESS I') n \1}1\~: ~h &r, ~'h/~' ' (/ c--- /'(;(''''')/ J)tZ/I'<"5/<<,;/1 G' ~ rn--, ~ ':)Q-"""0~ ,~ ;IE /t?1/I tcrJ:T 33/lf 2132 B. ~oJ0ffi~u '1. II. \!. ilL fl. " 12. . NO' ~ 10 AJ. tj ~~, ad ./' U-...A. ~r"tJ 6 0 Vj..d / d ,'3 ')/ ~V"L<I,~ if'j ()' " z'/1 / ;)1/ () 7~ :C>-'j ./ ~S(j J SfUJ // JOSl'J- C 5/77/Vi .( ~r . ( Q (n ^.J (! '-3 (/ C( I fq IT ~iC~h 4J PL 13t(P J I>ETlTION BUeJ~OTI VARIANCE REQUEST OF PAPI>AS PROI>ERTIES e/k/e COVE OF BISCAVNE tOI AVENfU"A CITY COMMISSION the uhde~Si~nftd residents of Aventu~e respeotfully request that the Avehtu~e City tbM~i5sion ~rent tha panding variance request. One of the ~reet ~leesures of living in thlt COMMunity it the Bagel Cava Restaurant end It. edJOihlng shops and busineSseS. If the verlence is hot granted, this 8hop~IMa centar will lose Its lendMark enchor tenant followed by the ~est 6' the businesses that rely on the anchor tenant for ite custOMer tre"ic. this would be a great loss to Aventura and our quality of lIfe In this COMMUhlty. In addition. after reviewing the site wa don't consider this a safety Issue. Pleses spprove the varianca. I. steNATU"E ',C-J ADDRESS I 9, 0") -f" "-~~ 2. Q3Y/ ~v~NMB 'A-~. 3. s- 7 4. '56 L 5~ vp Qj ) ]) ;1./6' ()] Qv~) s. J'/fN rI-o /'- j?( ~..[',/ c:.-;? ~ Nr2: ~ >' I e'~ . . l\. -</r(j iii ~ / Z1 '-.\f ilL I\lc ( 9 I S. Jl -::; 91 "? I '1-(>/ S .()lfuVL p) ((i 7 r. ' . 1 7Y G ((j'l{,,~hi ({'/It)A "3>:? q a. '3. 11.. Lt. t2.JbL~? (l!dett<,/ -'1"'- I'ETlTION SUBJ~tltl VARtANCE REQUEST OF PAPPAS PROPERTIES e/k/a COVE OF BISCAYNE tat AVENfURA CITY COMMISSION the Uh~e~ll~ned relldente of Aventure relpeotfully request thet the Avehtu~e tlty CbM~I!elon ~rant the pending verlence reQuelt. One of the ~reet ~leeluree of llvlnw In thll eo~~unlty II the Begel Coye R'lteurent end It I edJOlhlng shopl end bu!lnellel. If the varlence II not grented, thiS Shbppthg tenter will lose It I lend~erk enchor tenent followed by the ~eet 6' the bUllnellel thet. rely on the anchor tenent for lte cUltoMer trefflc. thll would be e great 10ls to Aventure end our quellty of life In thiS cOHMunlty. In addition. efter reviewing the elte we don't conllder this e eafety Illue. Pleese epprove the varlence. SIGNATURE AOORESS :3 5"(:70 ('1 sh2 k l tl"- I q I r,-;~ TV!14Jf'K-'V-J u- /f-t s. f- 'J (\v-v l- J V\.~Ut L u S<-. Iv I JI//){ /1 ,.~.~ 1f(~R u~ J grv 1- )l~) o '-'-J \) / 8/)?j fl. (776<1 fIt U'ICf- '(~~.t/ --# (1((j 1. - /1/0 -- / f,) kc;V3,:;P!l;{A 6 C 0 () ~1L~~k /1/ fr)f3) Ie) IJ DuL4<k IlJ (f; D /7 Y (U ') -#-;;/1/ ,1ft. ) Il. ll. Ill. 12. )6( ;{!.~ /OIJik'EY1 rvfA4 r- . I>ET IT ION RUaJ~~TI VARIANCE REQUEST OF PAPPAS PROPERTIes e/k/e COVE OF BISCAVNE tOt AVENfURA CITY COMMISSION the unde~81~ned residents of AVlnture reepeotfully request that the Aventure tlty COM~i.elon grent the pending varianca reQueet. One of the ~reet ~lee8ure8 of living In thll eo~~unlty IS the Bagel Cove R..taurant And Its adjOining .hopl end bUSinesses. If the varlence ie hot granted, this ehopplMO center will 10.e ite landMark anchor tenent follpwed by the ~..t 6f the bUllnesses that rely on the anchor tenant for ite custOMer traf' thll would be . great los. to Aventura and our quality of life In t 18 7M~unlty In addition. aFter reviawlng tha site we don't consider thl . ea sty Is.ue. Pleeee approve the variance. , StGNATU ADDRESS lLo, , 7 . ;'b-co ;qTLEJ I. t. 3. 4. W'M s. 3/0/ B. !Q35.5 ~ ~. 9)t~ ' -b '-- ~ --\2' .~ loll __ ;.;..--__-~- ":.... ) "'q/;~~ II, /{~1 ,A<i CJ~} 12.');~~ , . '1. -:3 f 3 ! C; bbi . ~ETITION SU8J~eTI VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/e COVE OF BISCAYNE tOI AVENfunA CITY COMMISSION The UftderSi~ned residents of Aventure respeotfully requeat that the AVlhturl City CUM~ission grant the pending variance request. One of the breet ~leeeure8 of living in thi8 eo~~unlty i8 the Begel Cove Rt.taurant end It I edJOlftlng shope and busineeses. If the variance is not Qranted, thil sh6ppln~ eenter will losa its lend~erk anchor tenant followed by the reI! ~, the bUSinesses thet rely on the enchor tenant for ita custOMer trAffle. thle would be e great loss to Aventure end our quelity of life in this cOM~unlty. In addition. after reviewing the site we don't consider thl8 e safety Issue. Pleese spprave the variance. ~. l. ADDRESS ,'-) I, :)) I rif. )CrtvJ (I + thl't fl -tz. v c-C I "'- B. fi3l [;- Vv (/1(J v /</v1 ~ V--- r c-tv r!+ d3.7j }J.~. ~ )\.-1 't<-, IT N tv\~ 3lf1 S'1I9, 0- ,~ ~ ~ UJik 1. :<<.-" \ W C\.J,.w.b~)\rq 10. 1~ . . I>ETITION SU9J~tlrl VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/. COVE OF BISCAVNE tOI AVENfUnA CITY COMMISSION the uhde~si~ned residentl of Aventure respeotfully request that the Ayehtu~e tlty C6M~i5sion arant tha pendlng varlance reQuaat. One of the breet pleasures of 11ving in this cOMMunity is the Bagel Coye nastaurent And It I AdjOining shope end bUline.ses. If the varlanca is not granted, this Sh6ppiho6enter will 10le lts lend~erk enchor tenant follpwad by the ~e8t 6' the businesses that rely on tha anchor tenant for its custOMer traffic. this would be e great 105s to Aventura and our quallty of llfe ln this cOMMunlty. In addition. aftar reviewlng the .1ta we don't con.lder thlB . Befety 115ue. Plea.e approve the varlance. \I. to.?P-C /ufl.,.1leM.C ADDRESS dq;]'Qf~~lJ#.~S$(C:,o E(.,o( ~qXJ f~~])/v.~~>].(r,..o 0, ~;rI/{,,, , " . ~. /'Ii /~ Q7 ~-'V.hl / 91,: I ';';!<l ~r/. /, ..' I 'f ''44t.h~t'~ 7 ~ - )fJJ ok-~VlVul21'7. 6tvKt(!cvzq ~ 51 tu Yf-W Pl. ciry~ ~ ~~L~,- 9:? /(,if "1m~ 5hJ ~L;d-3/too B. " 1. L'(u.J IN \\1<,( t\,,, ;; 'j I ~.(, II. , t 1 .li.itE h 14<-~1f) i~1J J, 12. .It! ~~ t .~T3I7fJ (91'5'( p( ('}.V,(j1.'C' '}]<.<.d~.f :3'J/Jv ~C;I . ,L~ V 7 ;9 () ~.f;: / f:} Ow' ;Y {)f>~,(~ , f!- I '-fI1 W 11. tkCh (~ ~ 3v J-/ . I>ETITION SUBJ~tTI VARIANCE REDUEST OF PAPPAS PROPERTIES a/k/e COVE OF BISCAYNE tOt AVENfURA CITY COMMISSION the uhde~sl~ned residents of Aventure respaotfully request that the Avehtu~a tlty CbM~ilslon ~rent the pendlhg verlence request. One of the ~reat ~leaAureA of living In this COMMunity Is the Begel Cove Restaurant end itA adJOlhlng shope ehd businelles. l' tha varlence il not granted, thiS shepplMQ eenter will 10le itl landMark anchor tenant followed by the ~eet 0' the bUlinesses that rely on the enchor tenant for Its cUltoMer trA"le. this would be e great losl to Aventura end our quality of life In this COMMUhlty. In addition, after reviewing the site we don't consider thiS e la'e~y ISlue. Pleele approve the variance, AODRESS I. i!. / 4. , s. B. IL !l. ;25:51) 11. - ..--, .;' ') ("J)( / , ( I fj(-f 5, /, (/ r2J", Lc CV. -"'-Y', t_ II. " 12.A. ~2?1..n^-- ,~ /6 /, \/, /f/C / " f/4/ d~?'<; ( 60 / . . ~ETITION aUBJ~Orl VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/e COVE OF BISCAYNE tOt AVENfunA CITY COMMISSION the uhde~slQned resldents of AVlnture respeotfully request thet the Avehtu~e tlty CbM~lss10n arant the pending varlence request. One 0' the breat ~leesuree of llvln; In this COMMunity IS the Begel Cove Resteurent end lte edJOlhlng shope end businesses. If the varlence is not grented, thiS shepplnG center wlll lose its lendMerk enchor tenent followed by the ~eet 6' the buslnesse! thet rely on the anchor tenent for Its custoMer tra'flc. thiS would be e great loss to Aventure end our quality 0' 11'e In thiS cOMMUhltY' In addition, a'ter reviewing the slta we don't consider thiS e safety 188ue. Please approve the variance. SIGNATURE AODRESS I. .,-,,":> ./ (~ , ~. 3. 4. s. B. '1. IL \I. II" 11. Y()A- ( Ih ~ 1~~~ ~~ \J . \.- Jir" I>ET IT ION SUBJECT: VARIANCE REQUEST OF PAPPAS PROPERTIES a/k/a COVE OF BISCAYNE TOl AVENTURA CITY COMMISSION The undersigned residents of Aventura respeotfully request that the Aventura City COM~isslon erant the pending variance request. One of the great pleasures of living in thi. oOMMunlty is the Bagel Cove Restaurant end Its adjoining shops end businesses. If the variance is not granted, this shopping center will lose its landMark enchor tenant followed by the rest of the businesses that rely on the anchor tenant for its custoMar traffic. This would be a great loss to Aventura and our quality of life in this COMMunity. In addition, after reviewing the site we don't consider this a safety Issue. Pleese epprove the variance. y B.i, '~Z~.'>o/ 7y67~~~,,,, . B. )~11"J ~ .;/) 9. Mctf0!'({;;!i l~"" s: ~ cS.( , 10. ~ \'~\d\il-\ ":::>Ef,0,~ J-O(A~ 'f: , ~J....,~,,~.-, 11. .I\.. CA.~'~ 12.jJ( t fLfu).~--d /7'3JY.)v.'z-t/ 1. 2. 3. 4. 5. !/r:; /0' r--. ADDRESS /6 ~/' -r: / . . ) f!- 7. ~( J,] /,fti 7JJ J /,.(A.Ln/1T/01JWhtJ' " ('..1t-L~ '-- . . (I () {;~I /'\ / I ~ C ( ~ S (~ ~.t", t",J'-1 c-J '}v.vf /ll;c",.1:!..LL j ;i I So 7 ; ct:t<,~,'l'/'{'{.A.~ go ;Z 8 ( l (ft01 t;~1 (?~<,.?- 4/ ,13 / fi j /9/?5 .f) ,~ 53/61 JJIJ Ai \j . -(4 /11~ h/ C.L. ,~_"\ (L~lc 'LQ / ( /<' /r ( / V ~I 1/ /1 Q (j1~rL ;?v-o i /)6/// N'Vv /)S/ f(~(y(>; ~ u Q>-(i\ LJ ~\ l ("d\1\\.i:'J (j1~J \) .::{t.2,20'( 3_';'.>0? C '5 ') o}' i '<,:2, [(, G .~~ 7'~ i fe,., /~. () '" , 1\,,- ~, "'1"-/ "L~ :3 3 I \c - ''---~~'~t,-L<-(A ~ Li:.{"(:lt~(-t. I>ETITION tUBJ~IlTI tOt VARIANCE REQUEST OF PAPPAS PROPERTIE9 e/k/e COVE OF BISCAYNE AVENfU~^ CITY COMMISSION the uNde~elgned reSidents of Aventure respeotfully request that the AvAhlu~A elly CUM~I!slon grant the pending verlance reQueet. One of the ~~eAI ~le8AureA 0' living In this eOMMunlty Is the Bagel Cove R.lteurent ANd ItA edjOlnlng shops end buslnelses. I' the varlence 18 not granted, this shepplhQ eenler will lose 118 landMark enchor tenant 'ollpwed by the reet 6' the bUslnelses that rely on the enchor tenant 'or Ite custOMer treffle. this would be a great los5 to Aventura and oUr quality of life In this cOMMUNity. In addition, after ravlewing the site we don't consider this A safely Issue. Please approva the verlance. SIGNATURE AODRESS I. ~. 3. ~~( , 4~ ~ 6/c,-, I e C4 &~ ph.rt /' S. (~4u>Jc h1 .k~ub /--11 . t' . /f /J ,;1 1.L~~ 'J~<. ( A- . f/,f4 ;J~.blo , (t r"/ I~ j1 /~~z:; / <<8,; lYE /83,sy: ([~.-c'.,~~c{.,..~ i 7/0; '1JtjL fi!l,/ U~,~/ / 'il>Ptu e.~ ( f>t/ r; . .~ ,Z) !l. 10. tl..,J It. LJ /( 12. "5;r4\(' ...-/6V fJ I: )j))* . I'!:TITION RUBj~~TI VARIANCE REQUEST OF PAPI'AS PROPERTIES a/k/. COVE OF BISCAYNE tOt AVENfU"^ CITY COMMISSION The uhde~SI~ned resldente of Aventura respeotfully request that the Av8htu~a City CoM~leslon ~rant tha panding variance request. One of the ~r8at plessures of living In this eo~~unlty Is the Begel Cove Rlataurant snd Its adjOining shopS and buslne.see. If the variance is not grented. thiS ehopplna eenler will loee its lend~erk anchor tenent follpwed by Ihe ~8at 6' the buelnese.! that rely on tha anchor lenant for Ite cuato~er traffic. This would be a greal loes to Avenlure and our quality of life In thle COM~U"lty. In addition. efter reviewing the eite we don't coneider thiS a safely iesue. P1eaee epprove the variance, IltGNATURE l. z. 3. 4. !L B. 7. IL \l. to. 1t. 12. JdJ jj .I _ !:f 'vL.L.~-AJ / ADDRESS , tv l\, ~:7 '\ 6 dz' ..( _ ) 0Co"" 9f ~ ti1, 6, IV ;/1. 6. (dt3. H4, /A.l3 a;~~ -<.'-- WkA ~ /~J--'( c/LJJ-l$t:.,uj.! j-L. / I'ETITION SUeJ~etl VARIANCE REQUEST OF PAPPAS I'ROPERTIES e/k/e COVE OF BISCAYNE tat AVENfunA CITY COMMISSION the uhde~8I~ned resIdents of Aventura respaotfully requist that the Avehtu~e tlty C~M~IssIon ~rant tha pandIng varIance raQuest. One of the ~reet pleesures of lIvlnQ In thll cOMMunity 11 the Bagel Coye R'staurent And Its AdJOlnln~ shops end busInessel. If the variance IS hot granted, this sh~ppl"O center will lose Its land"erk anchor tenent follpwed by the ~est ~f the bUSlnes!es that rely on the anchor tenant for lie cueto"er traffic. thiS would be e great los! to Aventure end our quellty of life In this COM"Uhlty. In addition. efter reViewing the site we don't consider thll a lafely Issue. Plee!e approve the variance. ~ SIGNATURE /.)~ r-Vvl, --\.- AOOflESS ~lh/f'(.6 /r:j79~j c+-lS c.,' I'l E, ) q, 3~' s. T J cP<f,9 ;f/ ~ /';; 3<<1 Jo'-- '/ ~ro f? ~, /JJL , '3)11 I '"' 110V M5" " l. 0~ r;r~ II. \\~~~1 t\ \')\1.) p, ~ \-e-\ ~ \1It\ ~ ~\ \1 \, f~ ~ \ l \ J;;:> , \ II. 1 L{7J- J~ d, !I. 1l'J. /tfv3 \ 1 12. IJ ,I/) /l ( Ii" -;).03 r /")c;.;S 0 /IUc - fL S S I /i'c: J{/J?! Nf']) Ij?; tJe ~ ~ . I'ETlTION tU9J~OTI VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/e COVE OF BISCAYNE tOt AVENfunA CITY COMMISSION the uhde~sl~ned resldehte of Aventure respeotfully request that the Avahtu~e tlty COM~leSion Qrant the pending variance request. One of the ~reet ~leeeure8 of livlnQ in this cOMMunity IS tha Bagel Coye Restaurant end It I edjOlhlng shops end businleees. If the varlenca ie not ~rented. thl8 ehopplna center will loee ite landMark enchor tenant follpwed by the ~eet 0' thl buslneSse! that rely on the anchor tenant 'or ite custOMer trAffic. thiS would be e great loss to Aventura and our quality of ll'e In this COMMUhlty. In addition, a'ter reviewing the elte we don't consider thiS I sefely Issue. Plee.e approve the variance. 00 ~i' Ilv~-. %; ~~7 M ~;~~ iii' ~ ~J1( , . StGNAT~E I. ,-WtA~~dr7 /M/ 2. ~ ~/1\ .sal7J~tf7f 'I 3. 3:L.1 J~ \ 4. 5. 8. 'I. IL !l. ilL II. 12. . AODRESS -4 /r?t7/~arl''/' &..0t( ~'7-00 {V Cty ~ j[)~~' lllcNTu ,2 A- ~~AU Ie( C od 7t1~e c 15~ 1!4-0 , . R :?7~ UhJ q l.v. Sw. J '11- ~J)--. . I'ETITION BUSJttrt VARIANCE REQUEST OF PAPPAS PROPERTIES &/k/s COVE OF BISCAYNE tOl AVENfURA CITY COMMISSION the unde~sl~ned residents of Aventure respeotfully reque,t that the Aventu~e tlty C~M~leelon ~rent the pending verience request. One of the ~reet ~le&8Ure8 0' living in this COMMunity ie the Bagel Cove Restaurant end Its adjOining shopl end bUllneSles. I' the variance il not granted, thll shapplng eenter will lose Ite land"ark anchor tanant followed by tha ~elt 6' the businesses thet rely on the anchor tenant for It I custOMer tre"ie. this would be a great 1015 to Aventura end our quality of life In this cOM"Unlty. In addition. atter reviewing the site we don't consider thiS e serety Issue. Please approve the va~lance. t. SIGNATURE i tJe.J.rV r-,./' IVl1l 13 Fe "5 Y/ I () 3. ~. (V~"~~) ADDRESS / ~ -, &/ trjU('( It :)07 (' \11. Ct4~'~ ~ 35~ 0'/ f..oJ~ / eLL, 'D r; 2. '1. f( , ( \ \ )>180 (' C t . t("?3' to /607 . is (AJ A~J!b IL ::-t.....~~(.~<.~<.. /' {j D (;/ 11C t7 ,y;:~ c):'-. --/ I ~ . I " \.- / - ,," , ',,L.&,. t i:- \1. 10. 11. 12. ) ~1/. . !>ETITION BUBJ~eTI VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/a COVE OF BISCAYNE tOt AVENTURA CITY COMMISSION the uhde~Slgned resldants of Av.ntura respeotfully request that the AVAhtura City C~M~lsslon grent the pendlhg varlence request. One of the breet ~le8sures of living In this eo~~unlty Is the Bagel Cove Restaurant end Its edJOlnlng shops ehd businesses. l' the variance Is hot granted. thiS shepPlhQ eentar will lose Its landMark anchor tenant followad by the rest of the bUSinesses that rely on the anchor tenant for Its custOMer trA"le. thiS would be e great loss to Aventura and our quality of life In thiS COM~uhlty. In addition. efter reviewing the elte we don't conelder lhla a safety Issue. Pleaee epprove the variance. ~ ,) ----> ,I CV Lkl~ L rP /k.-- _~ SIGNATURE c: l'l I /, {(;\~ ~ i!. 3. tU 4. ~~ s.~~C7@~ 8. S'C>N/4 d), ~MDNE '17ei1-er No HNvUS t. AODRESS ~lf o jl&'l bJ\ )0 I / f, ~oo /Vii ~ONt;. IL Jo Ob6 t>ETITION aUeJ~aTI UARIANCE REQUEST OF PAPPAS PROPERTIES a/k/a COVE OF BISCAYNE tOt AVENTU~A CITY COMMISSION The uhd&~Slgnftd residents of Aventure respeotfully request thet the Av6hturA City Co~~isslon arant the pending va~lance request. One of the ~reet pleasures of living In this eo~~unlty is the Bagel Cove Restaurant And Its adjOining shops snd buSinesses. If the varlenoe is not granted, thU shopplNQ center will lose its lend~erk enohor tenant follpwed by' the rest 6' the bUSinesses that rely on the anchor tenant for Its custo~er tr6"iO. This would be e great loss to Aventura and our quality of life In thiS COM~U"lty, In addition, after reviewing the sit8 we don't consider this a eafaty Issue. Please approvS the varianca. ~J SIGNATURE! ADDRESS /"" .~ ~ !/.\/IJVLLhc-( r;tL-??'d1~ 5ZI-o A.J G 199 IfL'l2" /~/J7J3, y/ /?c; ,.~ ~1l~" {qprc:i.""'-;;ti-'~~3" E" (3. \,\,~ 2-DbO,,?i.-&<-tl\{.'u.,J 0/, ~p \ ~~ rq17u WL Au ,g/~"4,("n . ~eJ!, /6'/ 7/ G~ '-;Y6 B. ?(~ft .~ ;~~ _:l~, (( .' Y / ( j c"<.A:?z:L A~ IL 9. '0',~/ A~ / . It.)I( d!-L 12. 360" 7J r; /7<' ,5/ A/ h"',l3 I LfJ31tl {/7 7 f-f 3 3/67-- / f 'l.?V AJd- ).J~ (~ 7..A.J '10;:' ~~-J ~ "5 i 1-- IJ{ _~oe Hl1hc (1- ~ j9f%' ~~ ~-33Ib 0 27 fr) lel:; / f;J .vi 33/(,(J j'? lYd I'ETITION BUBJ~~tl VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/e COVE OF BISCAYNE tOt AVENfUnA CITY COMMISSION the uMde~sl~ned residents of Aventura respeotfully request that the AveMtu~A City C6M~lsslon ~rant the pendlh~ variance raQuast. One 0' the ~reAt ~leasurel of living In this COMMunity IS the Bagel Cove R..taurant And It I adJOlnlno shops ehd businesses. I' the varlanca IS hot oranted, thll sh~pplMQ centar will lose its landMark anchor tenant 'ollowed by the ~elt ~, the bUllnessee that rely on tha anchor tenant 'or its custoMer traffic. this would be e great loss to Aventure end our quality 0' life In thiS COMMunity. In addition, efter raviewlng the site we don't consider \hl! e seFety Issue. Pleese approve the variance. SIGNATURE ADDRESS I. ;;1 ~ J.~ ~ / 131() Ce~~ &J?u . C/",6 VI' fOro/' C ~ e 0tQ, Jo <lIe:: -5'. ~c 8 s'o aJ;---ol2 ;J3-/0/ J-:J/t. (' 37 ( l. 't :5' S. / d-f) 3 ?yl ~i '3 Y / 7)9 A~'>}(vt 51c I (f, ~ 7>\ '. J7o(;r; Ci10 3\01 rv,c'L.-- t?5~+\J'I ~~WQ..:'0':t~ , n (J . '<(.hL~ 5c;'t.!() Jvt~ic.. r01Ylt.e ;zf-{, 1/330' <?ti L! (j- f (f(1ti?fI / (><90 (utlV ixV'{ CU &; If r/)41, 1iA- 7 Cf t& 37! [ll i' Ii I J ") ~ . I'ETlTION SUeJ~ttl VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/e COVE OF BISCAVNE tOI AVENTURA CITY COMMISSION the uNde~slgned residents of Aventure respeotfully request that the Avehtu~e tlty COM~leslon grent the pending varlanca request. One of the ~reet ~Ieesure8 of 11vln; In this COMMunity ls the Bsgel Coye Restaurant end It I edJOlnlNg shops aNd buslnesses. If the varIance ls hot granted, thls ShbPP1NO canter wll1 loee lts lendMark enchor tsnant follpwad by the ~aet bf the buslnesses that rely on the enchor tenent for lts custOMer traffIc. this would be e great lose to Aventure end our quality of 11fe In thIs coMMUNity. In addltlon. efter revlewlng the site we don't conslder thiS e safety Issue. Plee.s approve the Yarlence. t. t. AJ - fLt I/S ::ze, '\ 'f2( ll. lY; I rvc [r{,j I~ ,1/: 11- (3 i--U 3. II. ) 51 '1,1- i"^lllcrn ~,Y5J..:9 If..>)) f3v1JcJ, ~ M(\.., \7{~ d~VOr~~])R' ~UA-D- , ({ Ii r( // ~1) hie IfV' :;/h 4, !3. B. '1. . 'Cjdj' 5 . ()~U( ~ 'a-ttf 2.sC;O rJE I qz S+-~C7 ~tJ[(/f{ tfftfJ I ~ ~~o t C6l1V\~r1~ (1h{&I?Y t1-v'-C v}jf f q l~~'Z 18~ ,- L. \l0V1.Q~~m(~J ~G vscC\JIT\)\};~G T\~ ilL 6 fl. ~OJL 12. J 0 \A ~~ t-01K\\\ I>ETITION RUeJ~erl VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/e COVE OF BISCAYNE tOt AV~NfunA CITY COMMISSION the uhde~li~ned residents of Aventura respeotfully request thet the Avahtu~e elty CbM~ission ~rent the pendihQ varience request. One of the ~reet ~leaaurea of livlnw in this eOMMunlty is the Bagel Cove Resteurent end It I edJ~lhlnQ shops end businesses. I' the varlence is not granted, thiS ShbPplhQ eenter will lose Its landMark anchor tanant follpwed by tha ~eet 0' the bUlinesses that rely on the anchor tenant for its custOMer tre"le. this would be e great loss to Aventura and our quality of lifa In this COMMUhlty. In addItIon. after reviawlng the eite wa don't considar thiS e eefely issue. Pleaee approve the variance. )::'\ S~~ATURE } t. ~)J ~~O /. / /. 2. s. B. 1. f2 - /' , '-.-/,L....-r Il.VV( '-;j '11~04 (~ 11.. f, NG~ II. -f(0f3uJ'f,:~'~ 12.1jfO/S(~S Pr7Y+nr; y . ADDRESS :;L j) ." <-/.\ LA-i f!c~.fl) (1) & ~~ I ifZ. \t,i:;\j ~~ C; D\.')O 1J~~\ -q r<.- ~, Sf ? -~~' ......-.- / ~3 / ,?c / ['/..- ':{./ 4 j~ H./u..-..A-' 3.9-&0 \."17E/6 { ).1--. IV H f> / \~~)~ \~Yrr~ _ ..I J1 I) ~ "A-r- fJ 'YI 13 .)1;);;?1 IV t- do ~ 113 I) ;) {j,1J~/ ).f. J He 11)1 L'uOO J I'ETITlON RUeJ~~rl VARIANCE REQUEST OF PAPPAS PROPERTIES a/k/e COVE OF BISCAVNE tOt AVENtURA CITY COMMISSION the unde~sl~ned reSidents of Aventure respeotfully request that the Aventu~. tlty C~~~lselon ~rent the pandinQ veriance request. One of the breet ~leasureA of llvlnw In this eo~~unlty is the Bagel Cove Restaurant end Itl adjOining shops end businesses. If the verlance is not granted, thiS shepplnQ center will lose Its land~ark anchor tenant follpwed by the reet of the businesses that rely on the anchor tenant for its custo~er trAffic. this would be e greet loss to Aventure end our quality of life In this cOM~unlty. In addition. after reviewing the sita we don't consider thu a~N~''':;~' ,"C,", tho,;::::'" r />. . ~ ~ , -) ,~O I-q, E' ~ ,\JAL" 1....4..\.,_~ 'D:v. I. r a 4. tu~ Jete, ~ 6 - ~t U4i-- G /J.;} . jJ/ ~:2076 -50 DX-v-lk . ~ 30'(:?- lYe /7/ Jr ~. 3. s. 9. !l. II. 11_ 12. c- . PETITION SU~J~Ctl VARIANCE REQUEST OF PAPPAS PROPERTIES A/k/a COVE OF BISCAYNE tOt AVENtURA CITY COMMISSION The unde~8lgned resldlnts of AVlnturl ~esplotfully request that the AventurA City COM~ission grent the pending variance request. One of the breet ~Ieeeuree 0' living in this eOMMUnl~y is the Bagel Cove Restaurent end ItA edJ~lnlng 8hops end bUlinesses. I' the varianca il not granted, thl! !hb~~ing center will lose its lendMark anchor tenant 'oilpwed by the ~est 0' the businesses that rely on the anchor tenant for its custOMer trA"ic. thle would be e great 1055 to Aventura and our quality 0' li'e In this cO~Munlty. In addition, efter reviawing the site we don't consider this a safety i88ue. Please approve the varianca. SIGNATURE ADDRESS ~1-L' / (i ( ,,' /ft ~ .", .~ If tv~kA-~ )y, '4f( t. 2. ~ J :~ toc~ -' 7. .4f}1i!f{ ~A-- lUau 11. !f U 9. 10.. * I: ' Ilrr-/2~~ 12. ,j cc:1 ft1l1dot( ~.~r-t-l,J::~~ Aue~{~ - FIIl- , Au i? .AJ}-J.d (, - F ,11"9 I d!!t(.3, alM;J; f)t aild H/ A'fL~'t - ,11 SJ\r{~lcJ( / fL " ~~FL p7 Nt: ?jb.f{( F B. ( ~ETITION ~UBJ~tTI VARIANCE REQUEST OF ~APPAS PROPERTIES e/k/e COVE OF BISCAYNE the uhde~81~ned residents of Aventura respaotfully request that the Av!hture City COM~iseion ~rent the pending verlence requeet. One 0' the ~reet ~lee8ure8 of living In this eOMMunlty Ie the Begel Cove Restaurent end lt! adjOining shopS end businesees. If the verlence ie not granted, thiS shepplH~ canter will loee ite land~ark anchor tenant 'ollowed by the rest 6' the businesses that rely on the anchor tenant 'or Ite custOMer traffic. this would be e oreat loes to Aventure and our quality of li'e In this cOMMunity. In addition, aftar reviawlng the eite we don't coneider thiS a erfaty lseue. Pleaee approve the va~lance. i SIGNAT E ADO ::; ,(, Drt - 2. {CLj> J (G(1u 1 (U~~ d3,j /; 6Yltoj /VlJlp ,~~dYr IU,G.IE7 - sf tOI AVENfURA CITY COMMISSION l. . i!. 3. ,.~ ~M'2tW-& ~. s. B.1?zw '1. 10. 11. 12. 9AJA uJ \- ;;11 JO c?~~. I ~~ 4cvcL lI~a ?oo c~~wtJ..{. 33/5!o ?t, 3" ;J f 19l-t:~-<~ till b 3 U f1 . "ETI TI ON 9UBJ~OTI VARIANCE REQUEST OF PAPPAS PROPERTIES t/k/a COVE OF BISCAVNE tOt AV~NfunA CITY COMMISSION The uhde~sl~ned residents of AVlntura respeotfully request that the Avehtu~e elty C6M~I!sion ~rant tha panding variance request. Dna 0' the ~reet ~le8sureA of livlng in thls eo~~unlty is the Bagel Cove nlsteurent ehd lte edJOlhln~ shops end busineeS!s. l' the verlance is not grented, thiS shepplnQ center will lose Its lend~erk enchor tenent follpwed by the ~est 0' the bueinesses that rely on the anchor tenant 'or Its custoMer trefflc. thiS would be a areat loss to Aventura and our quality 0' life In this coMMUhlty. In addition. a,ter reviewing the site we don't consider this a safaty Issue. Plees. approve the varlence. 2. ADDRESS t. ,~ ~ 573/ N,ccf~) ~.~ 3. /f" ~1' 4C/o hM~ (ft;,J)){/ (6 {26-0 YI (; I ~ ;e/!:LC5 ~~J ~ L; 1lf-;dc ~ tJ M 4. 5. , l ~ in bO-V t;- 77ft: IJ. 3D/- 8, 1. IL .J. go {) G~ '1Jd1) ~.L4L&. &::'r;;7;:', .. Il. 10., It. 12. t;:~J ;!~f~ . I>ET IT ION SUBJ~~tl VARIANCE REQUEST OF I>APPAS PROPERtIES e/k/e COVE OF BISCAVNE tOt AVENfURA CITY COMMISSION the uhde~8iQned reSidents of Aventure respeotfully request that the Avehtu~. city CbM~lselon grant the pendIng varience reQuast. One of the braet ~leaeuree of IlvlnQ In this COMMunity is the Bagel Coye Risteurant end It I adjOinIng shops end businesses. If the variance is not granted, thu ehbpplnCl eenter wi 11 lose i h lendl'lark enchor \erlllnt fQllpwed by the rest of the businesses that rely pn the anchor tenant 'for 4ts custpMer tref'le. thIS would be . greet loss to Aventure end our quelity ~, life In thIs cO"'I'Iuhlty. In eddltion. efter reviewing the sIte we don't conalder thIs. sefety Issue. Plea.e approve the varlence, ' SIGNATURE .1// 1. ~c- ~ t~c z. )A, 111/ all ~^/ .1J..rlL4. -~ ~ ?7W - -I,'lf ' ",u.cl: c' C2.L.VLL B. 7lJ. (WJ ,. ~ f;.'f (l1?~ "l(~1€Ct.L !l. //" Jd/-;l ..::11--/' l:~ .~ <~-/Pr-~ ~ l. 3. 4. 5. AOORESS ::;(0) " II v r;!; ( I ,I k iL ~i f1( n (j / s,~.' (J, b1 If<<fj uJr/ 3Pfo LjaJ)J-cJJiJ- f&. A\J.o~CL J;;,(i( I ~. C c [J Il. !SO/'I r~<!"j(",' !~. /y 0 f/ /:;~5 c<>-<z~ f02v-S' C'<""""vL- ) , . j ~ 'fJ (1L/U:r.'v) (~-; L '2A~? LftU//!~~ 1Ut( a~ 1 j 'J 5c3c'l IV, [ 2c)7 t: /-4V'Gk7'L//c'-i" o . ~"Y'~ I E5'. 0~4 {LvJ/ j)ovll )o{" -----. {f q 1-' NG J ]" ~ !?J fl. .3ihs- /11 ~ (;PJ u)~ 12. . PETITION \lU!lJ~CTI VARIANCE REQUEST OF PAPPAS PROPERTIES a/k/a COVE OF BISCAVNE tOI AVENTURA CITY COMMISSION The undersigned resldante of Aventure respeotfully request thet the AventurA City COM~ieIIDn arent the pending variance requeet. One of the ~reet pleesures of living in thi. eo~~unlty ie the Begel Cove Resteurant And Its adjoining shopS end bueineeees. If the verlence ie not grented, this shoPplhQ center will lo.e its lend~ark enahor tenent followed by the reel 0' the bUSInesses thet rely on the enchor tenent for lis custo~er Ire"lc. This would be I greet loes 10 Avenlure end our quellty of life In thll coMMunity, In addllion, after reviewing the site we don't consIder Ihls e eefely Issue. Please approve the varIance. SIGNATURE ADDRESS I. ~T!l;;i- ~ . 4.-, ~/~ '.h/~ : ::tJ:r~ ' I 7.. (!POll ~~ 5~'( . '( 3. 4, 5. 10. 11. t 7.. I>ETITION 9UeJ~tlrl VARIANC~ REQUEST OF PAPPAS PROPERTIES I/k/a COVE OF BISCAYNE tOt AVENfUnA CITY COMMISSION tha unde~sl~nad residents of Aventure respeotfully request that the Avlntu~. tlty COM~ission ~rant the pending veriance request. One of the ~relt ~lelAureA 0' llvlng ln this eOMMunlty lS tha Bagel Cove Restaurant end lte edJOlnlng shops and businesses. l' tha variance is not granted, this shopplnG eenter wlll losa Its land~ark anchor tanant followad by tha ~@et 0' the buslnesses that rely on the anchor tenant for its custOMer trAffle. thle would be e great loss to Aventura and our quality of llfe ln thle COMMunity. In addition, after reviewing the site we don't consider thlS e sefety iesue. Please approve the variance, 1. ADDRESS '1\ J7't\A ~ (d(kJ - v,d,,&& :?No~ I ;; fh s- ' GOYQ,>t1L c, c ~. ~A L~L/- ~~~~~w~ 4J/[ f:~~z ,. t~ /~'1!f5 ~(j!: {J ~'a B. if t!J,J. ,; /) 25!s/ ~ , ,'-'/ // /-.. /' / /'-' :;/~-~ 1. Z t ~._ ' ~ '~/~~/;,t-/Jor~,,~ ,.(() p // <"" C. -L ((I /P If?/ It { L_-- " /j,'h~.,! , i.J !l. l ' , t0U-vJ/ 3c:2.C 111~:;J 5~ ~/O ,s-AIL Y IL i/ '1.;ja:K!J(~ '2.~' 'Lo3 . J./IjO;J u)'dA.~ ,(jA./y YO'!!)J W' ~ CJ.,.k.a. A,'~ ~ETITION BUBJ~OTI VARIANCE REQUEST OF PAPPAS PROPERTIES a/k/a COVE OF BISCAYNE tOt AVENTURA CITY COMMISSION Tha uhde~81~nad raSldants of AVlnture ~esplotfully request thet the Avehtura City Co~~lsslon arent the pending variance request. One of the breat pleaeuree of Ilvln; In this eo~~unlty IS tha Begel Cove Restaurant and It I edJOlhlna shops and businesses. If the varllncl la hot granted, thiS shOPPlhg eenter will losl Ita land~erk enchor tenent follpwed by the rest 0' the buSlneases thet rely on the enchor tenant for ita custo~er tra"lo. this would be a great loss to Aventura and our quality of life In this coM~unlty. In addition. after reviewing the alte we don't conaider thiS a safety issue. Plee.e approve the variance. t. '/, . ~ / //;:LA4'1v{ (/~.' II ~D ?)O / IN '~l " f , :./,~ tJ:;:; d7ct:t~1~1!iJj~'iM1 \ ~ ~ ~640, "-1A-L\-h CL-vb ~~ ~~~v, /':::>-L':wv-~cjc. ..3~ jAir::- (92. c.+ &./ CA2L<b flve~, ti~^-t<<~ , . ~ ;zL~j/At ~ . W7f. H Coo/- ?P':t:!:I /OL ,ih/~ ,,~ 0--'- ~ ::L{tj I IJr;- liS"A $T . n 16 U . 11.~ lq;trsCd-~ I3pJl!~v<3(JT 12. ~ isvJJJ':) Il.lc( V-/14rL ~ JJ^-( . (j 'J - U--c. s. Ii: ," '1. :3s "Ell TI ON SU~J~CT! VARIANCE REQUEST OF PAPPAS PROP~RTIES e/k/a COVE OF BISCAYNE tOI AVENTURA CITY COMMISSION the unde~8lgned residents of Aventu~e respeotfully request thet the Aventure City Co~~I.eion grant the pending variance requast. One of the ~reet pleASures of living in this eo~~unlty ie the Bsgel Cove Resteurent And Ite edjolning .hope end buSlneues. If the verlence ie not grented. this ShbpplMa eenter will lose its lend~erk enchor tenent followed by the reel 0' lhe busines.ee thet rely on the anchor tenent for Ite custOMer tre"ic. This would be e greet lose to Aventure end our quelity of life In this COMMunity. In eddition, efter reviewing the site we don't con.ider thie e sefety Issue. Piee.e approve the varlence. ~ATURE "~7' 2.~-C~ 3. ,;<1 4.1-::A/~ 4. (;}~~~~~\ 5. B. ~\)1)- ('~ I i~ U--- ~ '^--~~ ( B. ~~.~1J'.~0~~ 9. J~ !//iIu~ . 10. ~r:4- d'-~ . .:; {~U4:U-( C/ ...- 11. 12. ADDRESS '20/ 7~ e. </c 4'1.< #71Iy k~.z c9-71j ~/ ~'li'M;f 4. ~ 'f)Z' &:/t v ~ f7 c /',/ ':v/f' I ? ~ 6v &r.Jt-c. (71 D i( Li/2fl 2- S 5' iJ S- . I .p 3.Q G h-./S '~(SC.a1.LLC(V't' /<,eL.-t'fZ '~0 , 7, 7 ?, ( v ( IV /;n~) ('! v !\ l).,-- {I <20 Z. 71- N;::- ] 'I (! I -r! / t 23 / If 17 j/ /C ,)) <.1..-,",,;(/. /~L . ;V 0 c/o , r cf2//:5o 11~ ~ ' ~~ j(J/ iJu<<~ { - PETITION SU~J~CTI VARIANCE REQUqsT Of PAPPAS PROP~RTl~S e/k/e COVE OF .glSQiWNE '< ,.,.,. tOI AVENTURA CITY COMMISSION the un~e~llgna~ ~asldents of Aventu~a raspeotfully request that the Aventur' City COM~issiDn grent tha pending varience request. One of the ~~!et ~le8surel of living in this cOMMunity is the Bagel Cove Restaurant end ltl adjoining shopl and businasses. If the varience ie not grented, this sho~~ihg centar will lose its landMark enohor tenant follpwed by the ~est 0' the businesses thet rely on the anchor tenant for its custOMer tref'io. this would be a greet 1088 to Aventure en~ our quality of life in this COMMunity. In addition, after reviewing the site we don't consider this e sa'ety issue. Pleasa approve tha varianoe. AOORESS ,( f1;(OT~/2~ at1t:W1/1rL 278&0 2. \1{l)---LloQqj L0~lx\e 'th)\!*WJ.:> -33/0'0 " 1 _I I J. Gh~ C~ ~O,;J.)\ '\( ~'( ~+ . ~~ C~ !Lo)2,"\l 3y C;;t s. '~ ,,:j~, W~ ~ (j ll. G 1.,;dM . !' i . , ll. .('J\.c( ~- ) . :: ~t3t:' l1.UfP(~' ()A d' Jl 12. ~~.V~ ..(1-{1.Lv ;-' t. 351 YO 3/0\ '" C~ ~ QMJ--~ 37D/ "\ ~~ C%~ ~, --') -, j .":? yt _ jO~ //J) Jt:) 'F//(~;b / I l\\lt1 \~~~0~~,~\'Jl \1J~\ 2C)~~,j- Gel' (;0'-'-lMc} (Dr "Do ~~~ I>ETlTlON QUBJ~Crl VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/a COVE OF BISCAVNE tOI AV~NfURA CITV COMMISSION the uhderSI~ned resldente of AVlntura respeotfully request that the Avehtura elty CoM~lesion grent the pending verience request. One of the brest plS88utee 0' livln; In this eo~~unlty i8 the Bagel Cove Restaurant and It. edJOlhlng shope end busineeses. If the variance ia not granted, thiS sh~pplha center will loee ite lend~erk enchor tenent followed by the ~8st 0' the businesees that rely on the anchor tenant for ite custOMer tre"le. this would be e greet loes to Aventure end our quality of life In thl8 coMMUhlty. In addition. after reviewing the eite we don't consider this e ee'ety Issue. Please approve the varience. P\V"t0L>t^ ('-. B. 1-"[ J:Jft- /?V[ ff 'It i I h~ ti 3/ J- '1. 1'- e ItJ !l. 3~)/ t. ,} 'V 12. A~~SM -1. /" .dlC7jb/4L '1+ '/)I)'U I JletlCI / Pic 7J r. ~ 7 l.' () 30 /bh~ ~ c:2jI/;--/z- .~ ~ (U pl, el2 (T~. ~.L- ~)'-\:.; ;) 7{J( I'ETITION BUBJ~OTI VARIANCE REQUEST OF PAPPAS PROPERTIES e/k'e COVE OF BISCAYNE tOt AVENfunA CITY COMMISSION the uhde~si~ned reSidents of Aventure re.paotfully requist that the Aventure tity tijM~ieaion a~ant the pending veriance reQueat. One of the ~re8t pleAsureS of living in thiS eo~~unity ie the Bagel Cove Restaurant end ita edJ6ining shope end busine.aes. If the variance ia not granted, thiS shopping oenter will loae its lend~.rk anohor tenant followed by the rest 0' the bUlinesses that rely on the anohor tenant for its custOMer trA"ie. thiS would be e great 1055 to Aventura and our quality of life in this coMMunity, In addition, after reviewing the 5ite we don't consider thiS e se'ety 155ue. Please approve the varianoe. f2.1~ATURE ,.~.~ ~ ADDRESS [~ ) IU--t..$?;!/ ~ i!. IJ .Yk--'-)v,.<~ /1 tJ ti ~ , , __t-i-" , B. s. 7. (y z ~ UC Lit.( Y .)i(~;jJ. 6dYO~ ~ P-'Z: '2,SLJU rrn <.rS(r C PC:lIIl/Qj)(LIIJ~ .HlJ tfme;) YO~91 (""\*~j (k~ \),.~_ 4(J~ PETITION SUBJECT: VARIANCE REQUEST OF PAPPAS PROPERTIES a/k/a COVE OF BISCAYNE TO: AVENTURA CITY COMMISSION The undersigned residents of Aventura respeotfully request that the Aventura City COMMission grant the pending variance request. One of the great pleasure. of living in this cOMMunity is the Bagel Cove Restaurant and Its adjoining shope end businesse.. If the variance ia not granted, thi. .hopplng center wlll lose it. landMark anchor tanant followed by the reat of the bu.ine.ae. that rely on the anchor tenant for its custoMer traffic. Thl. would be a great loss to Aventura and our quality of life in thl. cOMMunlty. In addition, aftar reviewing the .Ite we don't consider thl. e safety issue. Please approve the variance. S~E AOORESS iJ.}. ~ --;;^f7t7~/I/, t-(Z<.1t.~ iLl !/" j}V€Air/;/?/) _ 1. : ~'~S"b::";; ~;;J~' 4. ~~ )3DO/if;AfI1/C/f-/~D;;N 5~h/l;"'(h~~6 I)",,",? 71'""'<''&'" -"_. fh I ' i. '-(t, / . 8. 7o--cZ . /917;Jt: //q /?J);J /11{~ 7. ~(~ n'f\ \J~\\~~~Rd ~\}J\\N:J\\ ifL~~~ 3!?~o7t~g/Jvd:~~?~ ~ ~~- 9. ~~/~-;:hA '3;J(' /7'j<F/C !c'-/AJe (5~!:' ;/t/c-<-7VN .r;:- 10.. (;;ul{~ !h~M1A-~ /f/ '1( Illfk1-t, 'r;f-? 01 ~ (CtA.{'JL/4:1.L "#cW'.d ~~ MfJ ~t UIJr#/D{o lL LI. \lJ. ,::L / L'( . '(1 ) ~ J . _)( a. 12 .,.lie l\c..q /J PETITION ~UBJ~tltl VARIANCE REQUEST OF PAPPAS PROPERTIES a/k/e COVE OF BISCAVNE tat AVENfunA CITY COMMISSION the uhda~sl~ned residents of AVlnture respeotfully requist thet the Av8hturA tlty C6M~isslon ~rant the pendinQ varlence request. One 0' the ~reat pleAsureS of livln; In thIS eOMMunlty is the Bagel Cove R'staurant And It I AdJOlnln~ ehops end bUlinesses. If the varlence ia not Qranted, thi! sheppinQ eanter will lose ita landMark anchor tanant 'ollowed by the ~est 6' the bUSinelses that rely on the anchor tenant 'or its custOMer trAffle. thiS would be I greet 1011 to Aventura and our quality 0' life In thiS COMMUnity. In addition. after reviewing the site we don't consider thle A safety Ilsue. Please approve the variance. l. 2. 3. 4. 5. B. 1. IL I . , \L 10. fl. 12.~1(~ aVl1l-t''-' . :/ '76c, k \ "53 c., 7 /007 () { f b{, { \ ,LJ 39-0 ~~ (j f IF,? ~gAK~1;tl( ~o~ 11 L{ (([ {~ .'-i (; ~~J(,?U IJ > ~o W;~ Vb~ '))~~ Ib'1 '10 rJ-t;;' fi; Ir<./c 3" }iG6 I'ETITION ~UBJ~tlTI VARIANCE REQUEST OF I'APPAS PROPERTIES a/k/a COVE OF BISCAYNE tOt AV~NiUnA CITY COMMISSION the uhde~alQned residents of Aven\ure respeotfully requis\ thet the Ayehtu~a blty COM~lssion arent the pending variance reQuest. One of the ~reat pleasures 0' livln; in thle eo~~unlty ie the Bagel Cove Restaurant end Its edJOlnlng shope end bUSinesses. If the variance is not granted, this shopplnO center will lose Its lend~erk enchor tenent follpwed by the ~est 6' the buslne.ses thet rely on the enchor tenent for its custOMer trA"lc. thiS WOUld be e great loss to Aventure end our quality of life In thiS cOM~unlty. In addition. efter reviewing the site we don't consider thiS e safety Issue. Pleese approve the varianca. 1. 2. 3. 4, s. ADDRESS I ~loO c(u0 1"vI (oJ - '''-ttA->''\' --, II. '1. Il. ,~~ \ '-. 9. 12, . YtPtJ 0 '567 D1L I) S ~D.mD1l( 3SlLRi 3~/~~ ~j.!~ J LJ CLUjJ.DR ;> I>ETlTION BU9J~eTI VARIANCE REQUEST OF PAPPAS PROPERTIES e/k/e COVE OF BISCAVNE tOt AVENfU~A CITY COMMISSION the uftdersl~ned residents of Aventura respeotfully request that the AvAfttUrA tlty C~M~is.ion ~rent the pending varianca raQua.t. One of the ~reet ~leeeUrlA 0' livln; in this cOMMunity is the Bagel Cove Restaurent end It I adjOining shope end businl..e.. If the variance i. not grented. thiS sheppino center will lose it. landMark enchor tenant followed by the riel 0' the busine.ses that rely on the anchor tenent for its custOMer trAffic. thiS would be e oreat 1055 to Aventura end our quality of life in this COMMunity. In addition. eftar reviewing the site we don't consider thiS e sa'ety Issue. Plee.e approve the variance. I. ~. 4. s. B. Ra~ 0k; 1. ;f?L{~ M:' fr,..1t II. Q~ \1. 12. . ADDRESS <U!J~O WC--c:y, (!t Nrz-/ I (( ,1/ 'I }//;1 ff/[/ A~ Y :JaJt;/o \ 11 1./ '/;J ~ e.J ~ :2.>___ }r-<<A...",,- ~ /1707 ~ /"7 ;;;~ /17(/ lv, If ~ 3 c. fff L(JUR-(: ~ y'L)O L2SLG fJ ;pi SOl A. ~'7 '[...b /I"; rt {:/ .., '{;:. J h r, / -)or D tu.~ 'D-f. H! 5' 5 /~co . ." . r . II.. ,.. " ." 41/ J../Y <: fG I! j f <t- ,;" I 0 0 IJ <" e I../! jzr. P' YJ; ~o 01~d-~ -J '(.}5 n /1"/ :)$55~.()y 1J3 Ii d;":f' .dJ/~ (J'foJ~'D~. !~33~"9 ~J61~tI ~ ~,~c) .. ~~ 3&v(J~ ~ ~~ ';'3/8'0 ,-..."' ,~ ,." -/ ' /' ~~~~0Jf'- /$0/ ~ cOCJ2~~ (~~~ ~ w~~ {~ISf /1J 'L- )rsfr Gr NWTUM :fL ':/31 b D ~ 0J( ('iN ,AJ.!. Of, J-f. _ ;(i ,A1,?- ~t2{ fl-33;( L ~ ~11.JJ /J) ~~ ~ftrS5/(,c" 7Yt~~ - ~ ~ 'r)Yf7~ L- - ~_-A/'I.. Y,j/gcJ -.~ c::::rr I ~G ~o y g-, g, ~ ~ tJ 12- t/, . -j '~ (to/{oo GUJ.s AIlf_ 4:2313 N,.t{~ &t.._ 5gt6o . $:Omrl1P ~ :33190 .~ 25L \fe~ ~ .-5Sl39 ~~ I ~O 6 ~ I)Lv'o:>' '53( 6 ci:J ~\~ l~C')e, 'E~~ ~J..1.tt 37(~ 0 rlt~^I Ko7h'77nJ J7~'tJO'1h/LN6GTLI2 j W!}! 33)8>0 PETITION IUBJ~OTI VARIANCE REQUEST OF PAPPAS PROPERTIES a/k/e COVE OF BISCAYNE tOI AVENiU"A CIlV COMMISSION The uhde~SI~nftd residents of Aventure respeotfully request that Ihe Avlhtura tlty OoM~ission grant the pending verianca reQuest. Dna of the ~rlat pleasures of living in Ihis cOMMunity is the Bagel Cove "e.tauranl and Itl adJOlhlng shops end buSinesses. It the verlance ie not granted, thi! shOPPIMQ ~enter will lose 1ts landMark anchor tenant followed by the rest 0' the bUS1neSses thet rely on the anchor tenant for lis custOMer trA"lc. ThiS would be e greet loss to Aventure end our quality of 11fe in this COMMunity. In addition, after reviewing the site we don't consider this A SAfely issue. Plesse approve the veriance. SIGNATURE ;//4(". /~ );A.MCUt-. ~~ b2JJtJ-51;!:J6'rdI15f.)j/~ ' ~ ~/)~)WMA~ /.5:9/)/ ;VW/)'1~ ~c!.kcL-- ~.::i // . LV, ~M/'.J f1.r~;tdl~,;;.fU1M~-#-~,(Jd-~ ,dfk4<<(/ (Jb~ 3to;JrAXff& ~,(~ B,-:Jda U4 ;:2751 N 13 18~.sr/ 1(, ~ltwj,{,U2 0.) Wl( /V-(C~ \ 4 ~ ;::(0 '3 ! 'I IV &~ a4 j;);/ cC'lj.~-tL4J '.: {L. - fJ- l. ~. '1. \I. 11. 12. ADORESS 67VC/?'lr;7 'TO' tt L!1'f ~ / .rJ~, .~ ; >& I /rt..<.Ct/.-.v- . /0-0 ~-r.'-<c_ 2sCo ~ 11/ In d ~/ ;t;Lf - LJ. ;tI /4-