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07-01-2003Jeffrey M. Perlow, Mayor Zev Auerbach Jay R. Beskin Ken Cohen Bob Diamond Manny Grossman Harry Holzberg AvThventC Y of urR Eric M. Sor0h C/tv C~r/r Teresa M. Soroka, CMC C/_tr Attorney Weiss Serota Helfman Pastoriza & Guede~ AGENDA JULY 1, 2003 6 PM 19200 West Country Club Drive Aventura, Florida 33180 CALL TO ORDER~ROLL CALL following I.,PA meeting 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 corarrassion's agenda am quasi-j udicial m nature. If you wish ~o object or conunent upun any of the~c items, please inform the Mayor when he requests public comments. An opportunity for persons to speak ~ each item will be made available aRer the applicant and staff beve made their presentations o~ each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each pe~on who gives testimony way be subject to cross-examination. If you refuse either to be cross-~xam~nad or to be svn~m, your testimony will be givc~n its due weight. T~e general public will no~ be pcm~tted to cross-examine wimesses, but tbe public may request the Conurdssion to ask que~ons of staff or wimesses on their hehal£ Persons r~prc~nhog organizations must preset evMe~ce of their authority to speak for the organization. Fu~ber details of the qu0ai-judieiai procedures may be obtained from thc Clerk.. AT APPLICANT'S REQUEST, MOTION FOR DEFERRAL OF APPLICATION BY WILLIAMS ISLAND SYNAGOGUE, INC. 04- CU-03 FOR CONDITIONAL USE APPROVAL FOR ESTABLISHMENT OF A SYNAGOGUE IN MULTIFAMILY HIGH DENSITY RESIDENTIAL (RMF4) DISTRICT. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(c)(5)(d) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD SETBACK OF 0', 'vVHERE A 25' SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(c)(5)(d) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A STEET SIDE YARD SETBACK OF 12'9", WHERE A 20' SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW BUFFER STRIPS LESS THAN 7' IN WIDTH ADJACENT TO THE NORTH AND WEST LIMITS OF THE BUILDING, WHERE A MINIMUM OF 7' IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(c)(5)(a) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LANDSCAPED OPEN SPACE OF 16%, WHERE A MINIMUM 33% IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A PARKING PAVEMENT SETBACK OF 2.5', WHERE A MINIMUM OF 10' SETBACK IS REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 171Co) OF THE CITY'S LAND DEVELOPMENT REGUALTIONS TO ALLOW 5 PARKING SPACES, WHERE 13 PARKING SPACES ARE REQUIRED BY CODE FOR PROPERTY LOCATED AT 17900 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. 4. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENTATIONS: Certificate of Appointment to new member of the Community Services Advisory Board 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the comrmssion, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: June 3, 2003 Commission Meeting June 19, 2003 Special Meeting June 19, 2003 Workshop Meeting A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2003/04 TO 2007/08 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185 2 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A', FROM BUSINESS AND OFlqCE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR THREE PARCELS OF LAND LOCATED ON NE 28 COURT AT NE 185 STREET, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2, COMMUNITY BUSINESS DISTRICT TO RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT; APPROVING A DEVELOPMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. $. PUBLIC HEARING: ORDINANCES - SECOND READING: None. 9. RESOLUTIONS: None. '10. OTHER BUSINESS: None. 11. PUBLIC COMMENTS '12. REPORTS '13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION MEETING COMMISSION WORKSHOP COMMISSION MEETING JULY 17, 2003 10 A.M. JULY 17, 2003 followiug 10 a.m. meeting SEPTEMBER 2, 2003 6 P.M. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who n~l special accommodations to participate in this meeting because of that disability should conlact the Office of thc City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Beards may be in attendance. Anyone wishing to appeal any decision mode by the Aventura City Commission with respect to any roarer considered at such mee~ng or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes th~ testimony and evidence upon which the appeal is to be based. Agenda irons may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of ny agenda ~ should contact the City Clerk at 305-466- 8901. 3 City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Office of the City Manager June 25, 2003 John K. Shubin Shubin & Bass 46 S.W. 1st Street 3rd Floor Miami, FL 33130 Re: Proposed Williams Island Synagogue Dear Mr. Shubin: Reference is made to your letter dated June 23, 2003 relating to the hearing on the above- referenced project. Based on the details outlined in your letter, it will be my recommendation to the City Commission at the July 1,2003 meeting to defer this matter to the September Commission Meeting. If you have any questions, please feel free to contact me. Eric M.~oroka/ICMA-CM City M an'a~,ger/ EMS/aca v cc: City Commission David Wolpin, City Attorney Teresa M. Soroka, CMC, City Clerk Joanne Carr, Planning Director Cliff Schulman CM01550-03 PHONE: 305.466-8910 · FAX: 305-466-8919 www.ciryofaventura, com LAW OFFICEE SHUBIN &BASS P R 0 F E S S ] 0 H A L AS S 0 C I A T I 0 H Via Facsimile Transmission And U.S. Mail June 23, 2003 Mr. Eric M. Soroka City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re: Proposed Williams Island Synagogue Dear Mr. Soroka: This correspondence is transmitted to you on behalf of this firm's client, 2600 Island Boulevard Condominium Association, Inc. (~Residence du Cap"), and is intended to request a deferral of the hearing on the above-referenced project, which is presently set to be heard on July 1, 2003. The matter was first scheduled to be heard on May 6, 2003, and has been rescheduled twice at the request of the applicant. In each instance, Residence du Cap has had no objection to the deferrals sought by the applicant. Although the grounds for the deferral request should be obvious, I shall briefly set them out for your review. First, many residents of Residence du Cap and Williams Island who were planning to attend the earlier hearings are out of town for the summer and can not attend the scheduled hearing. Although I do not believe that it was the applicant's intention to defer the hearings for the purpose of minimizing attendance and/or opposition at the hearing, the applicant should not be able to benefit from this result as a result of their previous good faith requests. I would also hope that both you and the Commission would want to take every effort to ensure that this controversial issue is considered with as much participation from the public as possible. Moving the hearing to a September agenda would certainly accomplish this objective. JUN 2 5 2003 OFF~CE OF THE CITY MANAGER 46 S.W. 1st Street, 3rd Floor, Miami, FL 33130 Ph: 305.381.6060 Fx: 305.381-9457 www.shubinbass.com You should also be advised that Residence du Cap has not ruled out the possibility of resolving this matter amicably with the applicant. I am meeting with Mr. Schulman today, and representatives of the Residence du Cap are meeting on Tuesday with your City Attorney to address their concerns, and it is everyone's intention to see if the differences between the parties can be narrowed. Even if this week's meetings are extremely successful and yield the outline of an agreement, it shall be impossible for this agreement to be drafted, considered, and voted upon by the full Board of Directors and the unit owners of Residence du Cap (pursuant to the notice standards set forth in the condominium documents) prior to the scheduled meeting. The absence of many of the building's residents during the summer months, as set forth above, further complicates attempts to settle this matter before July 1s~. Lastly, and most importantly, I have a family vacation commitment on July 1st and would certainly not want it interrupted. For this reason, I would hope that you could assure me that our client's request is granted prior to the end of this week so that I can have some certainty in my scheduling. I have spoken briefly to Mr. Schulman about this request, and he has not yet advised me if he consents or objects to it. If I hear further from him on this issue, I will surely advise you of his position. Thank you for your anticipated attention to this matter. Sincerely, John K. Shubin For the firm cc: Mr. Rod White Cliff Schulman, Esq. SHUBIN & BASS, RA, CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: City Commission Eric M. Soroka, ICMA-CM,~ Joanne Carr, AICP, Planning" June 23, 2003 SUBJECT: Request of Y & A Investments, Inc. for miscellaneous variances to permit the renovation of a building and development of the site located at 17900 Biscayne Boulevard (06-VAR-03) July 1, 2003 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1. Approve the request to allow a front yard setback of 0', where a 25' front yard setback is required by Code. 2. Approve the request to allow a street side yard setback of 12'9", where a 20' street side yard setback is required by Code. 3. Approve the request to allow a buffer strip of 4'8" in width at the northeHy building limit and a buffer strip of 1 '10" in width at the westerly building limit, where a 7' buffer strip is required by Code. 4. Approve the request to allow a landscaped open space of 16%, where a minimum of 33% is required by Code. 5. Approve the request to allow a parking pavement setback of 2.5' from the read right of way where a setback of 10' is required by Code. 6. Approve the request to allow 5 parking spaces on site, where 13 parking spaces are required by Code. upon the conditions listed in this memorandum. THE REQUEST The applicant, Alan Rosenthal for Y & A Investments Inc., is requesting the following (See Exhibit #1 for Letter of Intent): 1. A variance from Section 31-144(c)(5)(d) of the City's Land Development Regulations to allow a front yard setback of 0', where a 25' setback is required by Code. 2. A variance from Section 31-144(c)(5)(d) of the City's Land Development Regulations to allow a street side yard setback of 12'9", where a 20' setback is required by Code. 3. A variance from Section 31-221(i)(2) of the City's Land Development Regulations to allow buffer strips less than 7' in width adjacent to the north and west limits of the building. 4. A variance from Section 31-144(c)(5)(a) of the City's Land Development Regulations to allow a landscaped open space of 16%, where a minimum of 33% is required by Code. 5. A variance from Section 31-171(a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 2.5', where a minimum of 10' setback is required by Code. 6. A variance from Section 31-171(b) of the City's Land Development Regulations to allow 5 parking spaces, where 13 parking spaces are required by Code. BACKGROUND OWNER OF PROPERTY Y & A Investments, Inc. APPLICANT Alan S. Rosenthal ADDRESS OF PROPERTY 17900 Biscayne Boulevard SIZE OFPROPERTY 8,760 square feet LEGAL DESCRIPTION Part of Fractional Section 3, Township 52 South, Rage 42 East, less a strip of land 30.75 feet wide parallel to State Road No. 5. Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: B2 B2 B2 B2 U Community Business District Community Business District Community Business District Community Business District Utilities District Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Vacant abandoned building and asphalt area Commercial (Dry Cleaning) Commercial (La Estancia Argentina) Commercial (Shopping Center) FEC Railroad 2 Future Land Use-According to the City of Aventura Comprehensive 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 Business and Office Plan, the The Site - The site is located on the west side of Biscayne Boulevard just north of NE 179 Street. (See Exhibit #2 for Location Map and Exhibit #3 for aerial photograph). The parcel is approximately 125 feet wide and 70 feet deep and contains a 3,292 square foot abandoned building fronting on Biscayne Boulevard and an asphalt area. (See Exhibit fl4 for photograph of existing structure). The Project - The applicant proposes to renovate the existing one-story 3,292 square foot building fronting on Biscayne Boulevard and construct a parking area to the north and west of the building. The building renovation will consist of installation of new high windows on the north, east and south elevations, new stucco finish with 1" x ~" deep stucco reveal and stone molding on all elevations, aluminum canopy on the east and north entrance elevation, new diamond shape glass structure with blue tint glazing on entrance parapet and landscaping on all elevations. The parking area will be constructed with 4 regular and 1 handicap parking spaces, landscaping and islands. Eight additional parking spaces are proposed off-site in the FEC right of way immediately to the west of the property. The applicant has provided a letter from FEC Railway confirming its intent to enter into a Lease with the applicant. (See Exhibit #5). On the south side of the building, the applicant is proposing to install a sidewalk, curbing and landscaping. These features will improve pedestrian and traffic safety on NE 179 Street. A landscape plan has been submitted and approved by the City's Landscape Architect. Access is proposed by an entrance only driveway from NE 179 Street and an exit only ddveway onto Biscayne Boulevard. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the City of Aventura Comprehensive Plan. Citizen Comments - The Community Development Department has received no written citizen comments to date. Community Development Department Analysis -The applicant has acquired title to the property which formerly housed Spotmaster Cleaners. The property is located on the west side of Biscayne Boulevard and north of NE 179 Street, comprised of a lot size of 8,760 square feet. The odginal platted lot measured approximately 101 feet deep. Prior to the applicant purchase of the lot, the easterly 30.75 feet was dedicated for the road right-of-way of Biscayne Boulevard, leaving a lot depth of 70 feet. When the Florida Department of Transportation widened Biscayne Boulevard in this area, the building on this property was left with zero front yard setback. The previous owner was 3 compensated by FDOT. The building was abandoned prior to purchase by the applicant and has remained abandoned to date. The site is therefore required to comply with current standards of the City's Land Development Regulations. The applicant proposes to renovate the abandoned building for use consistent with the B2 zoning district, retrofit parking and add landscaping; however prior to such use, variance approval is required for reduced yard setbacks, buffer strips, landscaped open space, parking pavement setback and number of parking spaces. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: "Standards of review. A variance shell be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The perticular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carded out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel end would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity." Request #1: A variance from Section 31-144(c)(5)(d) of the City's Land Development Re;lulations to allow a front yard setback of 0', where a 25' setback is required by Code. The applicant is requesting a vadance to allow a front yard setback of zero feet on an eight-lane roadway. To alleviate the public safety concern with this setback, the owner has included structural reinforcements to the east (front) wall of the building similar to the structural reinforcements added to the building under renovation to the south of this site. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result 4 in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the physical condition of the property caused by the dedication of the eastedy 30.75 feet of the lot to the Florida Department of Transportation for road widening on Biscayne Boulevard, resulting in a zero feet setback from the right of way line. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not generally applicable to other property within the vicinity. While each variance request is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has previously approved a vadance for a front yard setback at 17866 Biscayne Boulevard (La Estancia Argentina site). The front yard setback was mitigated with structural components inside the northeast corner and east elevations of the building so as to provide protection for the occupants of building in case of possible vehicular impact. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the City of Aventura Land Development Regulations. The location of the existing building creates the need for a setback variance. (4) The granting of the variance will not be detrfmental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. Staff's concern is for the safety of pedestrians, motorists and occupants of the building on Biscayne Boulevard due to the reduced setback. Those concerns are alleviated by the structural reinforcements to be added to the east (front) wall. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion, increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity. 5 Request #2: A variance from Section 31-144 (c)(5)(d) of the City's Land Development ReRulations to allow a street side yard setback of 12'9"7 where a 20' setback is required by Code. The existing building presently has a 12'9" setback from the street side yard. The applicant is proposing to install a sidewalk, curbing and landscaping on the south side of the building. These features will improve pedestrian and traffic safety on NE 179 Street. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the location of the building that existed pdor to the enactment of the City's Land Development Regulations. The applicant has proposed to mitigate the condition by adding curbing, sidewalk and landscaping to the south end of the existing building. (2) The conditions upon which the request for a variance is based are unique to the parcel end would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not generally applicable to other property within the vicinity. While each variance request is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has previously approved a variance for a street side yard setback at 17866 Biscayne Boulevard (La Estancia Argentina site). The street side yard setback was mitigated with curbing, sidewalk and landscaping to alleviate pedestrian and traffic concerns. The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the City of Aventura Land Development Regulations. The location of the existing building creates the need for a setback variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. 6 The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed vadance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion, increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity. In fact, the adding of curbing, sidewalk and landscape on the NE 179 Street elevation will improve pedestrian and traffic safety on this elevation. Request #3: A variance from Section 31-221(i)(2) of the City's Land Development Regulations to allow buffer strips less than 7' in width adjacent to the north and west limits of the buildin~l. The site plan submitted proposes the following landscaped buffer stdps adjacent to the vehicular use areas that do not comply with the City's Land Development Regulations: A 4'8" buffer strip to the north of the building limit. A 1'10' buffer strip to the west of the building limit. The City Code requires that a 7' landscape buffer strip be installed adjacent to all vehicular use areas, except that accessways may traverse required buffer strips along common interior lot lines when accessways improve vehicular circulation within and between abutting properties. The applicant has submitted a landscape plan, which has been approved by the City's Landscape Architect. That plan shows plantings around the building and in the parking area. The buffer strips provided at the north and west limits of the building are as large as can be accommodated while preserving adequate parking space area and ddve aisle widths. No buffer strips are required at the north and west limits of the property as accessways to abutting parking areas are required for proper site circulation. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the physical condition of the property by the dedication of the eastedy 30.75 feet of the lot to the Florida Department of Transportation for road widening on Biscayne Boulevard. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not generally applicable to other property within the vicinity. While each vadance request is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has previously approved variances for reduced landscape buffer strips at 17866 Biscayne Boulevard (La Estancia Argentina site), 18901 NE 29 Avenue (the Northern Trust Bank site) and 19145 Biscayne Boulevard (the Forest Travel site). These variances were granted because adjacent landscaping was being provided, or was existing, which mitigated the reduced widths. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the City of Aventura Land Development Regulations. The lot configuration and location of the building resulting from the road widening on Biscayne Boulevard creates the need for the variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The applicant proposes to improve the site through renovation to the exterior fa(;ade of the building and installation of landscaping around the building and the parking area. (5) The proposed vadance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the vicinity. Request ~4: A variance from Section 3t-144(c)(5)(a) of the City's Land Development Regulations to allow a landscaped open space of 16%, where a minimum of 33% is required by Code. The existing building currently has no landscaping. The applicant is requesting to allow a landscaped open space of 16% for the site, where a minimum of 33% is required by Code. The applicant has submitted a landscape plan, which has been approved by the City's Landscape Architect. That plan shows plantings around the building and in the parking area. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the physical condition of the property caused by the dedication of the easterly 30.75 feet of the lot to the Florida Department of Transportation for road widening on Biscayne Boulevard. (2) The conditions upon which the request for a variance is based are unique to the parcel end would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not generally applicable to other property within the vicinity. While each variance request is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has previously approved variance for reduced landscape open space at the Harbour Centre site and at the Northern Trust Bank site. These variances were granted because the owners had provided complementary site development design and a connection to the pedestrian promenade on NE 188 Street. A variance for reduced landscaped open space was also granted to the Forest Travel site on 19145 Biscayne Boulevard. This variance was approved because the owner had provided as much landscaping as possible on a lot reduced in size by an FDOT road widening and the landscaping improved safety for motorists and pedestrians. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the City of Aventura Land Development Regulations. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the vicinity. In fact, the additional landscaping on this property will improve the aesthetics of the building and provide greenery to the site. Request #5: A variance from Section 31-171(a)(7) of the City's Land Development Re.qulations to allow a parking pavement setback of 2.5'7 where a minimum of 10' setback is required by Code. The applicant is requesting a variance to allow a parking pavement setback of 2.5', where a minimum of 10' is required by Code. The applicant has submitted a landscape plan, which has been approved by the City's Landscape Architect. That plan shows plantings on the east side of the building that will enhance the aesthetics of the building and will buffer the parking lot. While the parking pavement setback is 2.5' from the property line, it is 12'9" from the traveled roadway. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carded out literally. The hardship at this location is caused by the physical condition of the property caused by the dedication of the easterly 30.75 feet of the lot to the Florida Department of Transportation for road widening on Biscayne Boulevard. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and not generally applicable to other Property within the vicinity. While each vadance request is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has previously approved variances for reduced parking pavement setback for 18901 NE 29 Avenue (Northern Trust Bank site) and 19145 Biscayne Boulevard (Forest Travel site). The reduced setback was mitigated by existing landscaping adjacent to the site. 10 The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the City of Aventura Land Development Regulations. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. ~ The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the vicinity. Request #6: A variance from Section 31-171{b) of the City's Land Development Regulations to allow 5 parking spaces, where 13 parkin¢~ spaces are required by Code, The applicant proposes to construct eight parking spaces in the FEC right of way to mitigate the reduced number of spaces on site. The applicant has provided a letter from FEC Railway confirming its intent to enter into a Lease with the applicant. (See Exhibit #5). The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the physical condition of the property caused by the dedication of the easterly 30.75 feet of the lot to the Florida Department of Transportation for road widening on Biscayne Boulevard. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not generally applicable to other property within the vicinity. 11 While each variance request is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has previously approved variances for a reduced number of parking spaces at office building on East Dixie Highway, a medical office building on East Dixie Highway, a service station/car wash on Biscayne Boulevard, and a bank/office building on NE 29 Avenue. The approvals in the first two cases were granted because the applicant provided off-site parking in the public right of way and in the FEC railway dght of way which mitigated the loss of on-site parking spaces. The approvals in the third and fourth cases were conditioned that approval could be revoked if it was found that a nuisance to the community had been created by the granting of the variance and that in the event of revocation, the owner must locate the number of deficient spaces off-site to the satisfaction of the City Manager. The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the City of Aventura Land Development Regulations. (4) The granting of the vadance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the vicinity. The applicant proposes to construct eight parking spaces in the FEC right of way to mitigate the reduced number of spaces on site. CONDITIONS OFAPPROVAL 1. Plans shall substantially comply with those submitted as follows: · "Proposed Diamond City Store", Site Plan, Sheet A-l, prepared by Kobi Karp, dated 4/7/03, last revised 6/20/03, signed and sealed. · "Proposed Diamond City Store", Proposed Floor Plan, Sheet A-2, prepared by Kobi Karp, dated 4/7/03, last revised 5/8/03, signed and sealed. 12 ,, "Proposed Diamond City Store", Proposed Showroom Fixture Layout Plan, Sheet A-3, prepared by Kobi Karp, dated 4/7/03, signed and sealed · "Proposed Diamond City Store", Proposed Elevations, Sheet A-4, prepared by Kobi Karp, dated 4/7/03, last revised 5/8/03, signed and sealed. · "Proposed Diamond City Store", Proposed Elevations, Sheet A-5, prepared by Kobi Karp, dated 4/7/03, signed and sealed. · "Proposed Diamond Jewelry Store", Geometry, Striping, Signage and Drainage Plan, Sheet C-1, prepared by Gold Coast Engineering Consultants, Inc., dated 5/25/00, last revised 6/19/03, signed and sealed. · "Proposed Diamond Jewelry Store", Detail Sheet, Sheet C-2, prepared by Gold Coast Engineering Consultants, Inc., dated 5/25/00, last revised 6/19/03, signed and sealed. · "Proposed Diamond Jewelry Store", Electrical Plan, Sheet E-l, prepared by Gold Coast Engineering Consultants, Inc., dated 5/25/00, last revised 6/19/03, signed and sealed. · "Proposed Diamond City Store", Planting Plan, prepared by Rosenberg Gardener Design, dated 4/5/03, last revised 6/20/03, signed and sealed. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. The applicant shall provide a signed Lease with FEC Railway for the installation of eight (8) proposed parking spaces and landscaping to the west of the property limit, prior to issuance of a building permit. 4. The applicant shall record this Resolution in the Public Records of Miami-Dade County, prior to the issuance of a building permit. Ail expenses shall be borne by the applicant. 13 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(c)(5)(d) OFTHE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD SETBACK OF 0', WHERE A 25' SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 144(c)(5)(d) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A STEET SIDE YARD SETBACK OF 12'9", WHERE A 20' SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW BUFFER STRIPS LESS THAN 7' IN WIDTH ADJACENT TO THE NORTH AND WEST LIMITS OF THE BUILDING, WHERE A MINIMUM OF 7' IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 144(c)(5)(a) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LANDSCAPED OPEN SPACE OF 16%, WHERE A MINIMUM 33% IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A PARKING PAVEMENT SETBACK OF 2.§', WHERE A MINIMUM OF 10' SETBACK IS REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(b) OF THE CITY'S LAND DEVELOPMENT REGUALTIONS TO ALLOW 5 PARKING SPACES, WHERE 13 PARKING SPACES ARE REQUIRED BY CODE FOR PROPERTY LOCATED AT 17900 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Alan S. Rosenthal c/o Y & A Investments, Inc., through Application No. 06-V^R-03, is requesting a variance from Section 31- 144(c)(5)(d) of the City's Land Development Regulations to allow a front yard setback of 0', where a 25' setback is required by Code; a variance from Section 31-144(c)(5)(d) of the City's Land Development Regulations to allow a street side yard setback of 12'9", Resolution No. 2003- Page 2 where a 20' setback is required by Code; a variance from Section 31-221(i)(2) of the City's Land Development Regulations to allow buffer strips less than 7' in width adjacent to the north and west limits of the building, where a minimum of 7' is required by Code; a variance from Section 31-144(c)(5)(a) of the City's Land Development Regulations to allow a landscaped open space of 16%, where a minimum of 33% is required by Code; a variance from Section 31-171(a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 2.5', where a minimum of 10' setback is required by Code; and a variance from Section 31-171(b) of the City's Land Development Regulations to allow 5 parking spaces, where 13 parking spaces are required by Code. WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a variance from Section 31-144(c)(5)(d) of the City's Land Development Regulations to allow a front yard setback of 0', where a 25' setback is required by Code; a variance from Section 31-144(c)(5)(d) of the City's Land Development Regulations to allow a street side yard setback of 12'9", where a 20' setback is required by Code; a variance from Section 31-221(i)(2) of the City's Land Development Regulations to allow buffer strips less than 7' in width adjacent to the north and west limits of the building, where a minimum of 7' is required by Code; a Resolution No. 2003- Page 3 variance from Section 31-144(c)(5)(a) of the City's Land Development Regulations to allow a landscaped open space of 16%, where a minimum of 33% is required by Code; a variance from Section 31-171(a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 2.5', where a minimum of 10' setback is required by Code; and a variance from Section 31-171(b) of the City's Land Development Regulations to allow 5 parking spaces, where 13 parking spaces are required by Code, on property legally described as follows: Part of Fractional Section 3, Township 52 South, Rage 42 East, less a strip of land 30.75 feet wide parallel to State Road No. 5, more particularly described in Exhibit "A". is hereby granted, subject to the following conditions: 1) Plans shall substantially comply with those submitted as follows: · "Proposed Diamond City Store", Site Plan, Sheet A-l, prepared by Kobi Karp, dated 4/7/03, last revised 6/20/03, signed and sealed. · "Proposed Diamond City Store", Proposed Floor Plan, Sheet A-2, prepared by Kobi Karp, dated 4/7/03, last revised 5/8/03, signed and sealed. · "Proposed Diamond City Store", Proposed Showroom Fixture Layout Plan, Sheet A-3, prepared by Kobi Karp, dated 4/7/03, signed and sealed · "Proposed Diamond City Store", Proposed Elevations, Sheet A-4, prepared by Kobi Karp, dated 4/7/03, last revised 5/8/03, signed and sealed. · "Proposed Diamond City Store", Proposed Elevations, Sheet A-5, prepared by Kobi Karp, dated 4/7/03, signed and sealed. · "Proposed Diamond Jewelry Store", Geometry, Striping, Signage and Drainage Plan, Sheet C-1, prepared by Gold Coast Engineering Consultants, Inc., dated 5/25/00, last revised 6/19/03, signed and sealed. · "Proposed Diamond Jewelry Store", Detail Sheet, Sheet C-2, prepared by Gold Coast Engineering Consultants, Inc., dated 5/25/00, last revised 6/19/03, signed and sealed. · "Proposed Diamond Jewelry Store", Electrical Plan, Sheet E-l, prepared by Gold Coast Engineering Consultants, Inc., dated 5/25/00, last revised 6/19/03, signed and sealed. Resolution No. 2003- Page 4 · "Proposed Diamond City Store", Planting Plan, prepared by Rosenberg Gardener Design, dated 4/5/03, last revised 6/20/03, signed and sealed. 2) Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3) The applicant shall provide a signed Lease with FEC Railway for the installation of eight (8) proposed parking spaces and landscaping to the west of the property limit, prior to the issuance of a building permit. 4) The applicant shall record this resolution in the Public Records of Miami-Dade County, prior to the issuance of a building permit. All expenses of such recordation shall be borne by the applicant. 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 Zev Auerbach Commissioner Jay Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Resolution No. 2003- Page 5 PASSED AND ADOPTED this 1st day of July, 2003. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of July, 2003. CITY CLERK Exhibit A to Resolution.No. 2003- LEGAL DESCRIPTION Commence at the S.W. comer of fractional Section 3, Township 52 South, Range 42 East, Miami-Dado County, Florida, thence South 89 Degrees, 32 Minutes, 25 Seconds East along the South Boundary line of said fractional Section 3, for a distance of 209.14 feet to a point on the Northwesterly right of way line of Florida State Road. No. 4 as shown on plat thereof recorded in Plat Book 34 at Page 53, of the Public Records of Miami-Dado County, Florida; and which said Florida State Road No. 4 is known also as United States Highway No. 1; mn thence South 18 Degrees, 36 Minutes,'35 Seconds West along the Northwesterly right of way line of the aforesaid Florida State Road No. 4 for a distance of 1105.64 feet to the Point of Be~nning of thc Parcel of land herein de.scribed;' thence mn North 71 Degrees, 23 Minutes, 25 Seconds West for a distance of 101.80 feet to a point on the Southeasterly right of way line of the Florida Fast Coast Railway;, thence South 15 Degrees 31 Minutes, 38 Seconds West along the Southeasterly fight of way line of the Florida East Coast Railway for a distance of 125.0 feet to a point; thence South 71 Degrees, 23 Minutes, 2~ Seconds East for a distance of 101.62 f~et to a point on the Northwesterly fight of way line of the aforesaid Florida States Road No. 4; thence North 1 g Degrees 36 Minutes, 35 Seconds East along the Northwesterly right of way line of the aforesaid Florida State Road No. 4 for a distance of 125 feet to the Point of Begiuning of the parcel of land herein described. LESS: A strip of land 30.75 it in width lying in the Northeast ½ of Section 9, Township 52 South, Range 42 Fast, Miami-Dado County, Florida, being more particularly described as being bounded on the North by the Southerly line of Lot 8 ofMAULE FItDBRAL HIGHWAY INDUSTRIAL SITES accordln.q lo tho Plat thetoo~ as re~orded in Plat Book 46, at Page 55, of the Public Records of Miami-Dado County, Florida; bounded on the East by the Southerly prolongation of the Easterly line of said Lot 8, said prolongation is coincident with the Wesierly right of way line of State Road No. $ (labeled as Road 4) as shown on Florida State Road Detriment Right of Way Map, Project No. 41 now known as Section g7030-2201, as recorded on Road Map Book 34, at Page 52, of the Public Records of Miami-Dado County, Florida; bounded on the South by a line 125.00 feet Southerly of and parallel with the Southerly line of said Lot 8 and bounded on the West by a line 30.75 feet Westerly of and parallel with said Westerly right'ofway of State Road No. $ LAW OFFICES ROSENTHA April9,2003 Ms. Joanne Cart Planning and Zoning Director CITY OF AVENTURA 19200 West Country Club Drive Aventura, Florida 33180 Re: Y & A Investments - City of Aventura 17900 Biscayne Boulevard Aventura, Florida 33180 EDUARDO I. PASCO ALAN S. ROSFJqTHAL KERRY E. ROSENTHAL STACI H. GENET JESSIC~: LASSMAN ROXANA L NASCO HEATHER A. SCOTT JEROME S. HOLLO EXH[BLT #1 ' 06-VAR-03 Dear Ms. Cart: The Applicant, Y & A Investments, Inc., has acquired title to the captioned property which formerly housed Spotmaster Cleaners. It is the Applicant's desire to take this unsightly structure and completely renovate it so that it is in keeping with the City's desire for "excellence". The Applicant seeks to utilize the building for a retail jewelry store and has developed a Site Plan and Interior Floor Plan that will result in a transformation which the residents of the City of Aventura can point to with pride. A review of the Site Plan evidences the Applicant's desire to pursue the maximum utilization of the space so as to provide as much parking and landscaping as possible. The elevations reflect the Applicant's desire to provide a building that presents itself in such fashion so as to attract the clientele a fmc jeweLry store requires. The variances required are a result of the hardship created by the widening of Biscayne Boulevard and the taking by DOT of the frontage. It is respectfully submitted that the City has previously approved similar variances on properties on Biscayne Boulevard having a like hardship. Certainly the contemplated use is one which will not generate a great deal of traffic and therefore will not require an abundance of parking. In that regard, although there are six (6) parking spaces provided on site there are as well an additional seven (7) spaces provided on the adjacent Florida East Coast Railway property that the Applicant will lease, as evidenced by the Site Plan submitted. Attached herewith is a letter f~om Florida East Coast Railway, L.L.C. dated March 3, 2003, to which is attached a sketch showing the relevant area to be leased. The six (6) spaces on site, together with the seven (7) spaces provided in the Florida East Coast Railway right-of-way will provide the Applicant with the required thirteen (13) spaces. The subject parcel is one of the last properties within the City limits of Aventura on Biscayne Boulevard that has not been renovated or replaced. It has taken many years to find a buyer willing to expend the funds necessary to acquire the property and has the vision to construct Turnberry plaza, Suite 500, 2875 Northeast 191st Street,Aventura, Florida 33180 Ms. Joanne Carr Planning and Zoning Director 2 April 9, 2003 thereon a use that is in keeping with the City's desire to promote Biscayne Boulevard as a luxury shopping area. Certainly the renovation of the building in conformity with the Site Plan and Elevations provided will accomplish that end. It is therefore respectfully requested that thc City approve the variances required and the Site Plan submitted so as to allow for the transformation of this property from its present state to one which emulates the remainder of Biscayne Boulevard. ASR:cw Respectfully submi~~~.~..~ BROWARD COUNTY DADE COUNTY DR. II..v~ital CIRCLE 20~ ST. · 201 TER. 11--] Aventura Mall 192 ST. ~=.s .o.. .... 33180 Duntfoundling / · SITE '"" / :: M~Me Little Maule ,~qtnd Lake / 06-VAR-03 LEGEHD 192 ST. Roadways City Boundary EXHIBIT #3 06-VAR-03 EXHIBIT #4 06-VAR-03 Florida East Coast RAILWAY, L,L.C. M.O. "Mike" Bagley Director industrial Development & Real Estate March 3, 2003 File: 353-48 YNA Investments 17900 Biscayne Boulevard Miami, Florida 33160 GentJemen: This is to advise that the Flodda East Coast Railway, L.L.C. is prepared to enter into Lease Agreement with YNA thvestment for a 25' x 145' strip of Railway's right of way in Aventura, Florida as depicted on the attached plan. The property is the southerly portion of the area that has been leased to Spotmasters Cleaners, Inc. for a number of years. Terms of the Lease Agreement will contain the standard provisions required by Railway's Management, which includes a one (1) year lease term that can be automatically renewed each year. Additionally, our standard thirty (30) day cancellation provision will apply. The agreement documents are currently being prepared and we expect to have them ready to Fed-X to you this week. Look forward to working with you and wish much success at this location. Sincerely Yours, EVA/a EXHIBIT #5 06-VAR-03 Ph: (g04) 826-220g* Fax: (904) 826-22.22 One Malaga Street. P. O. Box 1048 .St. Augustine, FL. 32085-1048 APPLICANT REPRESENTATIVE AFFIDAVh · Pumuant to Secl~on 31.71(bX2Xi) of lhe City d Aveatum Land Development Ccxie, this ,a~pracant ~lJve Affidavit is ~hich is ide~lified in the a(~ompan~ng app~alJo~, and the own~ d Ihe pmpe'tY ~ ~ ~ ~ Iff ~ ~ ~ ~ ideatifies all pemons representing the in~idual or enlity apg~ng for the O~vdopment Pamit in c(~nec'~o~ with ~e appiica~on, as fdlows: Name Rela~onship ~,. ~tomey,..e~e~,, ~ Alan ~. ~n~nhhal Kobi Kar?~chictoc'~$ Bill Rosenberg Attorney Architects Landscape Architect Gold Coast Enqine~r(nq Civi% Ena~neer (Attach Adci~onal Sheets if NOTlCE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON uS'rED ON TIlE APPECANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. WITNESS MY HAND THIS 9th DA,YOF · Attorney April ,20CJ~.~ OWNER (~gne~ure) Name: A~bert Hanimov TltJe: President 2875 NE.191 Street Suite 500 Aventura. Florida 33180 Florid=_ 33190 STATE OF FLO~DA ) COUNTY OF MIAMI-DADE) klah S. Rosenthal and Albert Hanimov exe:mted 'n and that R is tree and oom~'L , .... SWORN T~/~h~%Li~,SCRE~ED BEFORE ME Ibis 9 day of A_~;~ ~ ~ ) My commmi~ ooa7~a9 No~yP6~68~.edRo~daNLa~e Eq:k~, Janu~ 20, 2007 F~ntod 14~n~ d Notary BUSINESS RELATIONSHIP AFFIDAVIT* This Affktavit is made pursuant to Section 31-71(b)(2)~ of the City of Aventura Land Development Code. The undersigned Affiant hereby disck~as that (mark with "x' applicable portions only) 1, A ant does no._It have a Business Relationship with any member of Ihe City Comrni ion or any City ~visory Beard to which the application will be presented. [ ] 2. ,Ut'ant hereby discloses that it does have a Business Retationsh~p with a member of the City Commission or a City Advbory Board to which the application will be presented, as loliows: sewes). · (List name of Commissioner or Advisory Board Member) who ser~es on the (List City Commission or City Advisory Board upon which member The nature of ~ Business Relationship is as follows: [li. Member of City Commission or Board holds an ownersh[p interest in excess of 1% of total assets or cap~ sto~ of .~iisant or Representative; {]ii. Member of City Commission or Boan:l is a partner, co-shareholder (as to shares of a corporation which are not r~ on any national or regional stock exchange) or joint venturer ~ the Appiicant or Representative in any bus, ess venture; [ ]'iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [Iv. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) end transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her empioyer) in a given calendar year;, []vi. The member of the City Commission or Board is a Customer of the Applicant or Reprasentative and tmnaecta more thaa $25,000.00 of the business of the Appficant or Re~tive in a given calendar year. WITNESS MY HAND THIS 9th DAYOF April APPt~ANT: AND O~gER OF PROPERTY , (P~t) Tit]e: Pr~denk (Print) ~"TNESS MY HAND THIS gth DAYOF April PROPERTYOWNER: BT. (Signature) Name. [P~t) T~e:. .(P~nt) 'The tenws 'Business Reta#~ship,' '~lient, · 'Customer,' "Applicant," 'Representative' and 'Interested Person" are defined in Section 2-395 of the Aventura City Code. Name:Alan S. ~osenthal (Print) Name. TltJe: Attorney (Print) Title: (Signature .(Print) (Pdnt) By:.. ~Signature) By:. (Signature Name:. .(Pdnt) Name: .(Print) r~le:. (Print) TtJe:. (Print) By:. (Signature) BT.. (Signature Name: (P~t) Name: (P~nt) T~le:. (P~fnt) T~le:. .(Pdnt) By:,, .(Signature) BT. (Signature Name: (Print) Name: (Print) T~le; .(Print) T~le: .(Print) By:. (Signature) By: (Signature Name:. (Print) Name: (P~nt) 'lee: (P~nt) r~'.. (Rint) B~. (S~rlature) By;,. (S~lture Name: (Print) Name: (Print) T~l~e:. (P#nt) Title:. .(Pdnt) NOTE: 1) U~e duplicate sheets If disclosure Information for Representative varies 2) Applicants ~nd Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(Iv) of the City's Land Development Regulations In the City Code, In the event that prior to consideration of fl~e application by the City Board or Commission, the Information provided In the Affidavit becomes Incorrect or Incomplete. .NOTARIZA~ON PROVISION ~TATE O~ ~LO~OA COUmYO~Wmq~D~ Albert Hanimov, President Y & ,% Investments, Inc. ~ President 8WORNTOANOSL~SC~SEO~b~mem~9 ~d ,%pril the A~fmn% ~ho bei~ f~ by me duN s~om, ¢~d ~ (x alf~m tAat S, WOI~I TO/~D ~de.~o,,181~ belom m~ ~ls ~¥d BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71{b)(2){ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) Ix] 1. Afl"ant does no._~t have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. []2. Afl*ant hereby cr~sdoses that it does have a Business Relationship with a member of the Ci~ Commission or a City Advisory Board to whicfl Ihe application will be presented, es toiiows: sen/es). (List name of Commissioner or Advisory Board Member) who serves on the (List C~ Commission or City Advisory Board upon which member The nature of the Business Relationship is es follows: []i. Member of City commission or Board holds an ownership interest in excass of 1% of total assets or capital stock o~ Apprlcant or Representative; []ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are r~t listed on any national or regional stock exchange) or joint venturer with the kpprlcant or Representative in any business venture; The Applicant or Representative is a Ciiant of a member of the City Commission or Board or a Client of another professional working from the same oh'me or for the same employer es the member of the City Commission or Board; [ l iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [Iv. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the C~ Commission or Board (or his or her employer) in a given calendar year, []vi. The member of the City Commisalon or Board is a Customer of the Applicant or Representative and lra~.w~__ more than $25,000.00 of the business of ~ Appr~cant or Representative in a given WI[NESS MY HAND THIS 16th DAY OF April Name: Albert Ean~mov (Pdnt) PROPE~ O~ER: (S~ture) (P~t) (Pdnt) 'The terms "Business ReJationship, · "Client,' 'Customer," "Applicant, · 'Representative" and 'Interested Person" are defined in Sect~3n 2-395 of the Aventura City Code. WITNESS MY HAND THIS. DAYOF April REPRES ENTATIV~usiness Relationship Aft"~avit) r~Ue: ~Fyf. F.F/A~ (P~nt) Tee:. (Signature .(Print) BT. (Signature) BT.. (Signature Name: .(Print) Name: (Print) r~Je: (Print) T~e: .(Print) By:. (Signature) ST.. (Signature Name:. (Print) Name: .(Print) ' T~e:. .(Pdnt) T~tle: (Print) By:. (Signature) By:. (Signature Name: (Print) Name: (Print) T~e:. (Print) T~e: .(Print) BT., .(Signature) By:. (Signature Name:. (Print) Name: .(Print) Tllle: (Print) T~e: (P~t) By:. (signature) By;. (Signature Name: (Print) Name: (Print) T~l~e:. (Print) "rlt~e'.I .(Print) NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(bX2XIv) of the City',= Land Development Regulations In the CIb/Code, in the event that prior to consideration of the application by the City Board or Commlseidn, the information provided in the Affidavit becomes Incorrect or incomplete. NOTARIZATION PROV~$10N .,...-.,, SWORN TO NqD SUBSCRIBED belo,'e me this ._~y o~ 3, pr*i 1 No~/Pubic State ~ Flatda N I..uge P6nted ~ of Not~/ My oommis~ expkes:. No~y PUbrlO State d FIo6~ N. Lmge BUSINESS RELATIONSHIP AFFIDAVIT* This Nf[lavit is made pursuant to Section 31-7t(b)(2)(ii) of the City of Aventura Land Development Code, The undersigned Affiant hereby discloses that:. (mark with 'x' applicable portions oniy) [x j1, Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. []2, Nfant hereby discloses that i~ does have a Business Relationship with a member of ne City Commission or a City Advisory Board to which the application will be presented, as follows: serves). (List name of Commissioner or Advisory Board Member) who se~es on the (List City Commission or City Adviso~ Board upon which member The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stod( of AR3r~cant or Representative; Member of City Commission or Board is a partner, co-shareholder (as to shares of a coq)oration which are not listed on any national or regional stock exchange) or joint venturer with the Appr~cant or Repmsantative in any business venture; The .Applicant or Representative is a Client of a member of the City CommisSion or Board or a Client of another professional working from the same off'me or for the same employer as the member of the City Commission or Board; []iv. []vi. A City Commissioner or Board member is a Client of the Apprcant or Representative; The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given catandar year;, The member of the City Commission or Board is a Customer of the Applicant or Reprasantative and tr4nsa~s more than $25,000.00 of the business of Ihe Applioant or Re~tative in a given calendar year. WITNESS MY HAND 'I'HIS 16th DAY OF April President ($~na~ure) .(Print) (p#n~) WITNESS MY HAND THIS DAY OF PROPERTYOWNER: By:. (S~natura) Name:. [Prat) 'Frae:. [P~fnt) 'The terms 'Business Relationship,' -cr~ent, · 'Customer, · "Applicant," 'Representative' and "interested Person" are defined in Section 2-395 of the Aventura City Code. .NOTARIZAIION PROVISION STATE O~ R.OP,~D~ ) COONTY O~ taAMHI~D~ Bill Rosenberg AFFL~NT B g ~TATI~ 06 FU~ April .:,~} , Uy c~nmtssio~ e~~ SWOf~ TO AND SUBSCRIBED bekx'e me thls dayol ,200'~ No~/Pubr~ State of Fed~ At Large P~ted Name o( ~y commlss~ ex~a'es: m'A~ 06 P..ORlUA ) COUNTY OF UIN~..OADE) the A~'~ard~ who berg f~. by me duly ~ ¢~d ~*ear ~x a{f~'m Iha. t STATE Of: FLO~DA ) WITNESS MY HAND THIS DAY OF ~.~r{ 1 REPRESENTATIVE: (Listed o~ Business Relationship A,'f~vit) er.. .(S~nature) Name: .(Print) T~IS: (P#nt) Name: Bill Rosen,~rg (P~t) r~e:Landscape b, rchiteC~print) ay:. (Signature) By:.. (Signature Name: (Print) Name. (Print) Trde:. (Print) T~le:. .(Print) By:. (Signature) By:. [Signature NaJlle: (Print) Name: (P~lt) · T~de: .(Print) T~le: (Print) B~. (Signature) By:. (Signature Name:. .(Print) Name: .(Print) Tdle'.. .(Print) T~le: (Print) By:.. .(Signature) By:. . (Signature Name:. .(Print) Name: (Print) T~e:. [PSnt) ~e: (P~t) By:. (Signature) By:, (Signature Name: (P~t) Name: ,(Print) TM: .(Print) TM: (Print) NOTE: 1) U~e duplicate sheets If disclosure Information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursUant to Sec. 31-71(bX2)(Iv) of the City's Land Development Regulations In the City C~de, In the event that prior to consideration of the application by the City Board or Commission, the Information provided in the Affidavit becomes Incorrect or Incomplete. BUSINESS RELATIONSHIP AFFIDAVIT* This Nf~:lavit is made porsuant to Section 31-71(b)(2){~ of the City of Aventura Land Development Code. The undersigned Nfiant hereby discloses that: (mark with 'x' applicabla portions only) Aft'ant does not have a Business Relationship with any member of the City Commission or any City Advisou Board to which the spplication will be presented. []2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City N:ivisor7 Board to which the application will be presented, as follows: serves). (List name of Commissioner or Adviso~ Board Member) who serves on the (List City Commission or City Adviso~ Board upon which member The nature of the Business Relationship is as follows: Iii. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stoc~ of Applicant or Representative; []ii. Member of Cb/Commission or Board is a partner, co-shareholdor (es to shares of a corporation which are ~t listed on any national or regional stock exchange) or joint venturer ~ the Appr~ant or Representative in any business venture; []iii. The Apprlcant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer es the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Apprmant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her empk~yer) in a given calendar year, []vL The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more ~an $25,000.00 of the business of ~ Al:~licant or Represa~tative in a given WITNESS MY I-I~D THIS ~lr. hDAY OF April APPUCANT: ~ OWt~R " (Print) TIUe: Pre~dent: (Print) WITNESS MY HAND THIS ~ DAY OF PROPERTY OWNE~'. Name: ~/~..l~, . , ~-~'~.~.w' /Print) 'The terms 'Business Relationship," "Client, · 'Custemer," 'Applicant, · 'Representative' and 'Interested Person" are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS REPRI~SENTATIVE: (tJsted o~ Business Relationship Affklavit) By:, (Signature) Name: (Pr~O TCJe: .(Print) (Signature Name:~~,~(Print) T~le: ~(Print) By:. (Signature) By:.. (Signature Name:. .(Ptfnt) Name: (Pdnt) T~de:. (P~t) T*~le: .(Pdnt) By:. (Sigrmture) By:.. (Signature Name: (Prat) Name: (P~nt) · rllie:, .(Print) TrUe: (Ptfnt) By:. .(Signature) By:.. (Signature Name:. .(Pdnt) Name:. (Pdnt) r~Je: (Pdnt) Tree:. .(Pdnt) By:. (Signature) By:,. (Signature Name: (Print) Name:. .(Pdnt) Tm: (Prht) Tree:' (F~t) ~ (S~ture) ~. (Signa~e Name; .(P~nt) Name: (Print) 'F~IIS:. .(P~nt) T~e: (Ptfnt) NOTE: 1) Use duplicate sheets if disclosure Information for Representative varies 2) Applicants and Affiants are advised to timelY supplement this Affidavit pursuant to Sec. 31-71(bX2Xiv) of the City's Land Development Regulations In the ~ Code, In the event that prior to consideration of the application by the City Board or Commission, the Information provided In the Affidavit becomes Incorrect or Incomplete, NOTARF/.ATION PROVISION ,~I'A"I~ 06 'F',,~ ) he~ .xec:uted IN, s A~'davit Ia' ~he puq~se$ ~,ai~l t~em~ an,:l Iai K ts line ~M ~ ..~., ~_ { //'GOLD COAST ENGINEERIN~ ~"TA]~ 06 I~ ) Ne',a~y Pul~ State e( FIoa~ At La~e P~te~ Nam~ M Nota~ he~ha execu~e~ I~s A~'~av~ lo( ~e puq:)oses stated tmmin ~cl I~at IHs tree and ~ ~e/Jt"mnL who being f~t by me duly sworn, o"~ svea' o~ afl,wa ~.t b~VORN TO A,N'D 8UB.,eC;RIBEO bek~'e me ~'mls ~ayo( Notary publk: State d Fk~:la At L,u~e BI~WNBY'~.~I.?~.~%t LAND SURVEYORS s,E~,o. ~, OF ~ For: Y & A I~STEME~, INC, Date: 01/14/2003 LOCATION SKETCH ~e 1' = 0~, ~ . ~/17, ~..~__ ,I · SEAL '0' LAND SURVEYORS BOUNDARY SURVEY ONE STORY COMMERCIAL BUILDING #17900 SURyEy No. 05-559 F.I.P 1/2" B.C. LOT 9 PB46 PG55 / / LAND SURVEYORS ~HEETNO~ O~ ~ LEGAL DESCKIPTION Commence at the S.W. comer of fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, thence South 89 Degrees, 32 Minutes, 25 Seconds East along the South Boundary line of said fractional Section 3, for a distance of 209.14 feet to a point on the Northwesterly right of way line of Florida State Road. No. 4 as shown on plat thereof recorded in Plat Book 34 at Page 53, of the Public Records of Miami-Dade County, Florida; and which said Florida State Road No. 4 is known also as United States Highway No. 1; mn thence South 18 Degrees, 36 Minutes, 35 Seconds West along the Northwesterly fight of way line of the aforesaid Florida State Road No. 4 for a distance of 1105.64 feet to the Point of Beginning of the Parcel of land herein described;' thence mn North 71 Degrees, 23 Minutes, 25 Seconds Wast for a distance of 101.80 feet to a point on the Southeasterly right of way line of the Florida East Coast Railway; thence South 18 Degrees 31 Minutes, 38 Seconds West along the Southeasterly right of way line of the Florida East Coast Railway for a distance of 125.0 feet to a point; thence South 71 Degrees, 23 Minutes, 25 Seconds East for a distance of 101.62 feet to a point on the Northwesterly right of way line of the aforesaid Florida States Road No. 4; thence North 18 Degrees 36 Minutes, 35 Seconds East along the Northwesterly right of way line of'the aforesaid Florida State Road No. 4 for a distance of 125 feet to the Point of Begininng of the parcel of land herein described. LESS: A strip of land 30.75 1t in width lying in the Northeast ~ of Section 9, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as being bounded on the North by the Southerly line of Lot 8 of MAULE FEDERAL HIGHWAY INDUSTRIAL SITES according to the Plat thereof, as recorded in Plat Book 46, at Page 55, of the Public Records of Miami-Dade County, Florida; bounded on the East by the Southerly prolongation of the Easterly line of said Lot 8, said prolongation is coincident with the Westerly right of way line of State Road No. 5 (labeled as Road 4) as shown on Florida State Road Department Right of Way Map, Project No. 41 now known as Section 87030-2201, as recorded on Road Map Book 34, at Page 52, of the Public Records of Miami-Dade County, Florida; bounded on the South by a line 125.00 feet Southerly of and parallel with the Southerly line of said Lot 8 and bounded on the West by a line 30.75 feet Westerly of and parallel with said Westerly right Cf way of State Road No. 5 MINUTES CITY COMMISSION MEETING JUN;: 3, 2003 6 PM (followinG ACES BOD meetinG) Aventura Government Center 19200 W. Countw Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order a 6:05 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Bob Diamond, Harry Holzberg, Vice Mayor Manny Grossman, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS: At the applicant's request, a motion for deferral of application by Williams Island Synagogue, Inc. 04-CU-03 for conditional use approval for establishment of a synagogue in multifamily high density residential (RMF4) district until July 1, 2003 was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed. 4. AGENDA: Request for Deletions/Emergency Additions: None. 5. SPECIAL PRESENTATIONS: Certificate of Appointment was presented to Alberto Milian as a new member of the Community Services Advisory Board. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Cohen, seconded by Commissioner Diamond, unanimously passed by roll call vote and the following action was taken: A. Minutes were approved as follows: May 6, 2003 Commission Meeting May 20, 2003 Special Meeting May 20, 2003 Workshop Meeting B. Resolution No. 2003-46 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 ELDORADO 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. G= Hw Resolution No. 2003-47 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2003-48 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 2001-76, AS AMENDED BY RESOLUTION NOS. 2002-01, 2003-04 AND 2003-35 WHICH APPROVED APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD BY AMENDING SECTION 2 IN ORDER TO FILL A VACANCY; AND PROVIDING AN EFFECTIVE DATE. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $50,000 FOR THE PURCHASE OF THE COMMUNITY RADIO STATION (HIGHWAY ADVISORY RADIO SYSTEM) FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM DATED MAY 27, 2003. The following motion was approved: MOTION FOR EXTENSION OF THREE MONTHS FROM DATE OF MOTION TO COMPLETE SITE IMPROVEMENTS AT 17866 BISCAYNE BOULEVARD The following motion was approved: MOTION TO APPROVE CITY MANAGER'S PERFORMANCE EVALUATION AS OUTLINED ON EXHIBIT "A". Resolution No. 2003~,9 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT FOR 2 DISTRIBUTION OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DADE COUNTY BETWEEN MIAMI- DADE COUNTY AND THE CITY OF AVENTURA; AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES - FIRST READING/PUBLIC INPUT: None. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: ^. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2002-24 WI-IICH ORDINANCE ADOPTED A BUDGET FOR THE 2002/2003 FISCAL YEAR BY REVISING THE 2002/2003 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBITS "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Vice Mayor Grossman. Mayor Perlow opened the public hearing. Thero being no speakers the public headng was closed. The motion for approval passed unanimously by roll cell vote and Ordinance No. 2003-07 was enacted. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-143(g) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3B)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE OPPORTUNITY FOR HEIGHT BONUSES, TRANSFER OF DENSITIES AND LOT COVERAGE CREDIT WHERE DEDICATIONS FOR CERTAIN PUBLIC LANDS ARE PROVIDED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Cohen. Mayor Perlow opened the public hearing. There being no speakers the public hearing was closed. The motion for approval passed by roll cell vote, 6-1, with Commissioner Beskin voting no and Ordinance No. 2003-08 was enacted. 9. RESOLUTIONS: None. 10. OTHER BUSINESS: 3 A motion to approve the Lions for the Children of Jerusalem Project in accordance with the City Manager's Memorandum dated April 29, 2003 was offered by Vice Mayor Grossman and seconded by Commissioner Holzberg. The following individuals addressed the Commission: Rev. Will Keyser, Muriel Cohen, Janet Laine, Joyce Berger, Paul Harrington and Bob Burroughs. The motion passed 5-2, with Commissioners Beskin and Cohen voting no. 11. PUBLIC COMMENTS: None. 12. REPORTS. As submitted. 13. 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. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or headng 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 inciudes the testimony and evidenoe upon which the apfleal is to he based. 4 MINUTES Aventura Government Center COMMISSION SPECIAL MEETING 19200 w. country Ciub Drive JUNE 19, 2003 10 A.M. Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL. The meeting was called to order by Mayor Jeffrey M. Perlow at 10:00 a.m. Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Bob Diamond, Harry Holzberg, Vice Mayor Manny Grossman, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. RESOLUTIONS: A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED REVISED LOAN GUIDELINES AND TRANSMIT SAME TO THE ICMA RETIREMENT CORPORATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Grossman, seconded by Commissioner Cohen, unanimously passed and Resolution No. 2003-50 was adopted. B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED 457 PLANS LOAN GUIDELINES AND TRANSMIT SAME TO THE ICMA RETIREMENT CORPORATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Grossman, seconded by Commissioner Diamond, unanimously passed and Resolution No. 2003-51 was adopted. 3. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any de,sion made by the City Commission with respect to any matter considered at a meeting or headng 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 reco~d includes the testimony and evidence upon which the appeal is to be based. 2 MINUTES Aventura Government Center COMMISSION WORKSHOP MEETING 19200 w. country Club Ddve JUNE 19, 2003 Aventura, Florida 33180 following 10 AM Special Meeting The meeting was called to order by Mayor Jeffrey M. Perlow following the 10 am Special Meeting. Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Bob Diamond, Harry Holzberg, Vice Mayor Manny Grossman, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. PROPOSED MIDDLE SCHOOL: Commission discussed inclusion of this proposed project in the CIP for 2005/06. CITY MANAGER'S SUMMARY: Consensus to proceed with inclusion of charter middle school in the ClP with capacity of 300. City Manager to provide other construction options for Commission consideration including feasibility of expansion of school's student capacity to 450. 2. PROPOSED CULTURAL ARTS CENTER: Members of the Cultural Center Foundation Board of Directors addressed the Commission. CITY MANAGER SUMMARY: Consensus to include in proposed CIP and defer further discussion to November 20, 2003 Workshop Meeting at which time the Foundation Board of Directors will make recommendation to the Commission. 3. SOUTH SIDE OF FOUNDERS PARK - FORMAL GARDEN: Commission discussed the formal garden park concept and use improvements to the south side of Founders Park. CITY MANAGER SUMMARY: No action taken. Consensus to review after the Cultural Center Foundation Board makes recommendation. 4. ECONOMIC DEVELOPMENT BOARD'S RECOMMENDATION ON HOSPITAL DISTRICT: City Manager and staff presented recommendations of the Economic Development Advisory Board and City's Planning Consultant. CITY MANAGER'S SUMMARY: Consensus to approve recommendations and move forward with appropriate legislation. 5. AVENTURA MENTORS PROGRAM: City Manager and presented proposed program. CITY MANAGER'S SUMMARY: Consensus to proceed Commissioner Auerbach 6. CITY CLERK REVIEW: Consensus to increase salary to $80,000 and provide net $10,000 bonus. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned. Approved by the Commission on Teresa M. Soroka, CMC, City Clerk Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, City~tla/l~ June 23, 2003 Resolution Adopting in Principle the Capital Improvement Program Document 2003/04 to 2007/2008 July 1, 2003 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution adopting, in principle, subject to annual revision and authorization, the Capital Improvement Program for 2003/04 to 2007/08. BACKGROUND The financial forecast portion of the document has been revised to reflect updated revenue and expenditure figures. The document was reviewed at the May and June Commission Workshop Meetings. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01201-03 RESOLUTION NO. 2003-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2003~04 TO 2007108 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Program document for fiscal years 2003/04 to 2007/08, attached hereto was presented and recommended to the City Commission of the City of Aventura by the City Manager as a long term plan of proposed capital expenditures, the means and methods of financing the projects and an action plan for the implementation of the projects; and WHEREAS, the City Commission recognizes the need to adopt a Capital Improvement Program to address Beautification and Parks, Transportation, Drainage and Infrastructure Improvements, Public Buildings and Facilities, information Technology and Capital Equipment Purchase and Replacement which represents a commitment by the community toward achievement and maintenance of a desirable high quality of life for all residents; and WHEREAS, the City Commission recognizes the need to formulate a Capital Improvement Program which adopts a sound financing plan. WHEREAS, the City Commission has reviewed the Capital Improvement Program document at a public meeting of the City Commission and wishes to adopt said document in concept. Resolution No. 2003-__ Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby accepts and adopts in principle, subject to annual revisions and authorization, the City of Aventura Capital Improvement Program document for fiscal years 2003/04 to 2007/08 attached hereto and incorporated herein as specifically as if set at length herein. Section 2. The City Manager be and the same is hereby authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 3. This Resolution shall take effect immediately upon adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: , who Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Resolution No. 2003-__ Page 3 PASSED AND ADOPTED this 1st day of July, 2003. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY City of Aventura Capital Improvement Program 2003/04 - 2007/08 CAPITAL IMPROVEMENT PROGRAM 2003~04 -2007~08 CITY OF AVENTURA CITY COMMISSION Mayor Jeffrey M. Perlow Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg CITY MANAGER Eric M. Soroka DEPARTMENT DIRECTORS Weiss Serota Helfman Pastoriza & Guedes, P.A., City Attorney Harry M. Kilgore, Finance Support Services Robert M. Sherman, Community Services Teresa M. Soroka, City Clerk Thomas Ribel, Police Chief Joanne Carr, Planning Director Noe Martinez, Building Director/Official Dr. Katherine Bray Murphy, Charter School Principal City of Aven ur t Government Center 19200 West Country Club Drive Aventura, Florida 33180 Office of the City Manager The Honorable Mayor and Members of the City Commission City of Aventura Aventura, Florida 33180 Enclosed herein is the proposed City of Aventura Capital Improvement Program (CIP) for the fiscal period October 1, 2003 through September 30, 2008 and the proposed Capital Budget for the Fiscal period October 1, 2003 through September 30, 2004. This document represents an update of the CIP that was originally prepared for the five year cycle of 2002 to 2007. The update process is important for the CIP to become a continuing and ongoing planning/implementation process. The last four years of last years program were reevaluated in light of unanticipated needs, cost revisions, new project priorities and the financial condition of the City. In addition, the CIP was updated to add new projects in the fifth year (2007108) to complete the cycle. Projects included within the framework of the program were based on input from Commissioners, staff, City consultants and citizens. The primary goal of the Capital Improvement Program is to develop a long-term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. The program forms the foundation for governmental participation in the development process and represents a commitment by the community toward the achievement and maintenance of a desirable high quality of life. The facilities and service provided by the City government are intended to offer the greatest citizen benefit and reflects the City's identified needs, desires, and financial capabilities. It is important to stress that the ClP is a planning tool to evaluate infrastructure needs of the City as well as the financial capabilities of the City. In order to determine the impact of the CIP on the City's future operating budget, the City Commission and residents will be provided with the benefits of a CIP document which serves as a point of reference and includes an estimated long-term budget plan. PHONE: 30546643910 · F~: 305466-8919 www. cityofaventura.com Each year the ClP document will be updated and an additional fiscal year will be added to complete the cycle. The ClP thus becomes a continuing and ongoing process. The following represents the significant revisions or modifications to the proposed CIP compared to the prior document: · Construction of Charter Middle School - $4,000,000. · Added NE 31 Avenue Park Development - $600,000. · Added NE 31 Street Lights - $85,000 · Added Illuminated Street Signs at various locations - $60,000 · Extend Lehman Causeway Westbound Service Road - $55,000. · Added Traffic Video Monitoring Program at 13 locations in the City - $1,042,200. The proposed 2003 - 2008 Capital Improvement Program includes 24 projects in 5 functional categories with a total value of $32,788,118. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (14%), Public Buildings and Facilities Improvements (61%), Transportation, Drainage and Infrastructure Improvements (13%), Capital Equipment Purchase and Replacement (7%) and Information/Communication Technology (5%). Major emphasis was placed on the following projects: · CulturalArts Center · Charter Middle School Construction · Waterways Park Development · Transportation, Street Lighting & Safety Improvements · Stormwater Drainage Improvements · Citywide Beautification Improvements · NE 31stAvenue Park Improvements · Improved Radio Communications for Police services $16,000,000 4,000,000 3,350,000 2,415,700 1,720,000 655,000 600,000 515,000 The approval of the Cultural Arts Center is subject to raising $8,000,000 from private sources and voter approval for the tax increase necessary to fund the project. One area of improvement still needs to be investigated in future CIP documents. In the event the City considers assuming the Library Services currently provided by the County, revenues and costs associated with this project would need to be included in future documents. The program contains a detailed funding plan that forecasts revenues necessary to fund both the Capital Improvement Program and the operating budgets over the next five years. The proposed funding plan is based on the assumption that operating expenditures can be maintained at certain percentage increases and revenue increases at specified rates. It is significant to note that the funding plan has little financial impact on residents and the community. Importantly, it continues to establish an ongoing mechanism to address the City's infrastructure needs. A 5% increase in the operating ad valorem tax rate in 2005/06 is recommended to support diminished revenues from growth and increased costs associated with new facilities and expanded services. This would represent the first tax increase in the history of the City in a 10 year period. The average cost to a residential home would be $25.00 a year. It is anticipated that the City would still have the lowest tax rate in Miami-Dade County. The only other tax increase included in the funding plan is designed to support the proposed Cultural Arts Center and is subject to voter approval If operating expenditures increase at a higher rate than expected, unanticipated events reduce key revenue sources, or an unforeseen emergency occurs during the five year period other operating ad valorem tax rate increases may be required. It should be made clear that the funding plan is based on a series of projections and assumptions. If events occur that revise the projections and assumptions, the financing plan will have to be updated and amended. I am proud of the many accomplishments and the support the City Commission and residents have shown in the implementation of the capital projects since the incorporation of the City. Our beautification projects, Government Center, Community Recreation Center, Charter Elementary School, transportation improvements and many other community enhancements continue to exhibit our commitment to excellence and professionalism. This document serves many purposes. Importantly it serves as an aid to the residents in providing a better understanding of the City's long-term capital needs and how the City intends to meet these demands. It also details our continuing efforts to address the needs and concerns of the citizens of Aventura while making prudent financial decisions which contribute to the City's long term financial health. The preparation and formulation of this document could not have been accomplished without the dedicated efforts of all Department Directors and their staff. Their professional efforts have assisted in the preparation of this important planning program. I request and recommend that you take the following actions regarding the proposed 2003 - 2008 Capital Improvement Program: 1. Hold a workshop to review the CIP document. 2. Transmit copies of the CIP summary document to the public. 3. Hold a public hearing to conceptually adopt the final CIP document, by resolution, for implementation. All questions relating to the ClP should be referred to my attention, EMS/aca CAPITAL IMPROVEMENT PROGRAM 2003 - 2008 HIGHLIGHTS Construction of new $4,000,000 Charter Middle School serving 6-8 grades on NE 188th Street. Development and construction of the expanded 6 acre Waterways Park facility on NE 213th Street. Construction of NE 31 Avenue Park to include open playfield and dog park. Construction of a Cultural Arts Center to expand cultural activities for the community and enhance the quality of life for residents. Implementation of $1,042,200 Traffic Video Monitoring Program which provided for the installation of cameras at key intersections to allow the Police Department to monitor and respond to traffic conditions. Utilizes a stormwater utility program to correct and improve drainage along roadways for certain areas of the City. A total of $1,750,000 worth of improvements will be completed during the five year period. Implementation of $513,500 of transportation improvements that includes extending the Lehman Causeway Westbound service road, street lighting for NE 31~ Avenue and Yacht Club Way and illuminated street signs in certain areas of the City. A total of $655,000 of Citywide beautification improvements including median landscaping and newspaper stands is funded to continue to fulfill our goal of being the most beautiful City in South Florida. Major improvements include: Yacht Club Way, NE 207th south swale area and William Lehman Causeway Road maintenance projects to enhance safety are included for NE 207th Avenue Aventura Boulevard and Yacht Club Drive eastbound lanes. Provides the necessary equipment to continue to 3rovide high quality and effective police services Continues the implementation of technology ~mprovements and management information systems to enhance the productivity and efficiency of city operations. Ensures that the tools of production, vehicles, equipment and technology, are available for city operations. CAPITAL IMPROVEMENT PROGRAM 2003 - 2008 TABLE OF CONTENTS INTRODUCTION Purpose of the Capital Improvement Program Legal Authority Development of the Capital Improvement Program Capital Improvement Program Policies Preparing the Capital Budget Locating a Specific Capital Project Reading the Program Schedules OVERVIEW OF RECOMMENDED PROJECTS Summary of Recommended Projects Summary of Major Programs Summary of Proposed Appropriations by Funding Source Summary of Project by Location and Year FUNDING PLAN Introduction Debt vs. Pay As You Go Financing Required Separation of Funding Sources Summary of Financing Plan Model Proposed Financing Plan General Fund Proposed Financing Plan Transportation fund Proposed Financing Plan Park Development Fund Proposed Financing Plan Police Impact Fee Fund Proposed Financing Plan Stormwater Utility Fund PAGE 1 2 2 3 4 4 5 6 6 7 8 9 9 10 11 12 16 17 18 19 Proposed Financing Plan Cultural Arts Center 21 PROJECT DESCRIPTIONS AND FUNDING SCHEDULER Beautification and Park Facilities Improvements Transportation, Drainage and Infrastructure Improvements Public Buildings and Facilities Improvements Information/Communications Technology Capital Equipment Purchase and Replacement 22 31 38 4O 47 INTRODUCTION City of Aventura INTRODUCTION This section describes what a Capital Improvement Program is and the process for developing the City of Aventura Capital Improvement Program and Capital Budget. This i introduction also explains how to locate a specific project in this document. PURPOSE OF THE CAPITAL IMPROVEMENT PROGRAM The purpose of the Capital Improvement Program (CIP) is to establish a long term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. In order to determine the impact on the City's operating budget, debt service and the general trend of future expenditures, the City Commission will be provided with the advantage of a CiP document as a point of reference and estimated long term budget plan. In accordance with the State's Growth Management Act, the City is required to undergo this process in order to meet the needs of its Comprehensive Plan. The ClP is an official statement of public policy regarding long-range capital development in the City of Aventura. A capital improvement is defined as a capital expenditure of $2,500 and office equipment expenditure of $500 or more, resulting in the acquisition, improvement or addition to fixed assets in the form of land, buildings or improvements, more or less permanent in character, and durable equipment with a life expectancy of more than one year. The CIP lists proposed capital projects to be undertaken, the year in which they will be started, the amount expected to be expended in each year and the method of financing these projects. Based on the CIP, a department's capital outlay portion of the annual Operating Budget will be formulated for that particular year. The CIP document also communicates to the citizens, businesses and interested parties the City's capital priorities and plan for implementing projects. The five-year CIP is updated annually to add new projects in the fifth year, to re- evaluate the program and project priorities in light of unanticipated needs, and to revise recommendations to take account of new requirements and new sources of funding. Capital Improvement programming thus becomes a continuing part of the City's budgeting and management procedures. The annual capital programming process provides the following benefits: 1. The CIP is a tool for implementing the City's Comprehensive Plan. The ClP process provides a mechanism for coordinating among projects with respect to function, location, and timing. The yearly evaluation of project priorities ensures that the most crucial projects are developed first. Capital Improvement Program 2003-2008 Page City of Aventura The ClP process facilitates long-range financial planning by matching estimated revenue against capital needs, establishing capital expenditures and identifying the need for municipal borrowing and indebtedness within a sound long-range fiscal framework. The sound fiscal policy that results from this process will have a positive impact on the City's bond rating. The impact of capital projects on the City's operating budget can be projected. The CIP serves as a source of information about the City's development and capital expenditures plan for the public, City operating departments and the City Commission. LEGAL AUTHORITY A capital programming process to support the comprehensive plan is required by the Local Government Comprehensive Planning and Land Development Regulations ~ncorporated as Chapter 163, Florida Statues. DEVELOPMENT OF THE CAPITAL IMPROVEMENT PROGRAM The City's capital programming process began in December when operating departments were required to prepare requests for all proposed capital projects anticipated dudng the period of 2003 - 2008. A CIP Preparation Manual and related forms were distributed to all departments for this purpose. In February, departmental prioritized project requests were submitted to the City Manager's Office. Department Directors were asked to justify projects in terms of benefits derived, necessity to health, safety and welfare of the City, enhancement to City plans and policies, need of residents and funding. Projects were prioritized on the! basis of Urgent, Necessary, Desirable, and Deferrable. The City Manager reviewed departmental requests and conducted individual meetings with Department Directors. The departmental requests were prioritized and the five- year schedule of projects was compiled into document form by the City Manager. The methods of financing and revenue sources were then prepared by the Finance Support Services Director and City Manager and were incorporated into the CIP document. At this point, the proposed CIP is submitted to the City Commission and public for review. In order to facilitate public involvement, public hearings and community meetings will be held to unveil and review the CIP document pdor to the adoption of a Resolution approving the CIP in principle. Capital Improvement Program 2003-2008 Page 2 City of Aventura CAPITAL IMPROVEMENT PROGRAM POLICIES 10 11. 12. 13. 14. 15. 16. Annually, the City will prepare a five-year capital improvement program analyzing all anticipated capital expenditures and identifying associated funding sources. Future capital expenditures necessitated by changes in population, changes in development, growth, redevelopment or changes in economic base will be calculated and included in the Capital update process. The City will perform all capital improvements in accordance with an adopted capital improvement program. The classification of items as capital or operating will be determined by two criteria - cost and frequency. Generally, a capital project has a "useful life" of more than one year and a value of $2,500 or more, or for office equipment $500 or more. The City will coordinate development of the capital improvement budget with the development of the operating budget. Future operating costs associated with new capital improvements will be projected and included in the operating forecasts. The first year of the five-year capital improvement program will be used as the basis for formal fiscal year appropriations during the annual budget process. The City will maintain all of its assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. The City will identify the estimated cost of capital projects and prepare a funding projection that considers revenues and operating costs to be included in the Capital Improvement Program document that is submitted to the City Commission for approval. The City will determine the most appropriate financing method for all new projects. If appropriate, the City will attempt to maintain a mixed policy of pay-as-you-go and borrowing against future revenues for financing capital projects. The City will maintain ongoing maintenance schedules relating to road, sidewalk and drainage system improvements. The City will address and prioritize infrastructure needs on the basis of protecting the health, safety and welfare of the community. A CIP preparation calendar shall be established and adhered to. Capital projects will conform to the City's Comprehensive Plan. Long-term borrowing will not be used to fund current operations or normal maintenance. The City will strive to maintain an unreserved general fund balance at a level not less than 7.5% of the annual general fund revenue. If new project appropriation needs are identified at an interim period during the fiscal year, the funding sources will be identified and mid-year budget Capital Improvement Program 2003-2008 Page 3 City of Aventura amendments will be utilized to provide formal budgetary authority. In addition budget amendments may be utilized to increase appropriations for specific capital projects. PREPARING THE CAPITAL BUDGET The most important year of the schedule of projects is the first year. It is called the Capital Budget and is adopted separately from the five year program as part of the annual budget review process. Based on the ClP, each department's capital outlay portion will be formulated for that particular year. Each year the CIP will be revised and another year will be added to complete the cycle. Capital Improvement Programming thus becomes a continuing part of the City's budget and management process. The Capital Budget is distinct from the Operating Budget. The Capital Budget authorizes capital expenditures, while the Operating Budget authorizes the expenditure, in the coming year, of funds for employee salaries, supplies, and materials. Through the City's amendment process, changes can be made to the adopted Capital Budget during the fiscal year. A request for amendment is generated by an operating department based on an urgent need for new capital project or for additional funding for a previously approved project. The request is reviewed by the Finance Support Services Director and City Manager and, if approved by the City Manager, a budget amendment is presented to the City Commission. LOCATING A SPECIFIC CAPITAL PROJECT The Capital Improvement Program is divided into five program areas as follows: Beautification and Parks (BP) Transportation, Drainage and Infrastructure Improvements (TDI) Public Buildings and Facilities (PBF) Information/Communication Technology (ICT) Capital Equipment Purchase & Replacement (CE) Each project in the Capital Improvement Program has a unique project number. This project number appears at the beginning of the individual project descriptions and the Summary by Year tables. The first digit refers to functional category priority number assigned by the City Manager. The final digits outline the individual department requesting the project. For example, project TDI-I-CS is Transportation, Drainage and Infrastructure Improvements project number one which was requested by the Community Services Department. Capital Improvement Program 2003-2008 Page 4 City of Aventura READING THE PROGRAM SCHEDULES Detailed information about each capital project is presented in the section titled "Capital Improvement Program Project Descriptions and Funding Schedules". The section is arranged by program area and functional category and includes a description of each project and the funding schedules. Project timetables for each functional category are indicated in the Summary by Year tables. The funding schedules are based on the funding needed to complete an individual project. A project's funding may continue for several years depending on the development timetable. Each program has a separate Funding Plan Table that outlines the revenue sources proposed to fund project expenditures. capital Improvement Program 2003-2008 Page OVERVIEW OF RECOMMENDED PROJECTS City of Aventura OVERVIEW OF RECOMMENDED PROJECTS SUMMARY OF RECOMMENDED PROJECTS The proposed 2003 - 2008 Capital Improvement Program includes 24 projects in 5 functional categories with a total value of $32,788,118. The following represents the )ercentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (14%), Public Buildings and Facilities Improvements (61%), Transportation, Drainage and Infrastructure Improvements (13%), Capital Equipment Purchase and Replacement (7%) and Information/Communication Technology (5%). SUMMARY OF MAJOR PROGRAMS The following table presents a summarized breakdown of the costs of the various projects recommended for funding categorized by major function for each of the five years covered by the Capital Improvement Program. Table 1 Capital Improvement Program 2003/04-2007/08 Summary By Function Program 2003104 2004105 2005/06 2005/07 2007/08 TOTAL Eleautification&ParksFacilifies $ 4,505,000 $ 62,000 $ 83,000 $ 0 $ 68,000 $ 4,705,000 Transportation, Drainage & 1,14t,000 939,700 880,000 700,000 478,000 4,135,700 Infrastructure Public Buildings & Facilities 87,000 0 12,000,000 8,000,000 0 20,000,000 Information/Communication 325,150 422,950 294,500 321,800 276,850 1,640,250 Technology Capital Equipment 467,600 417,050 380,400 441,650 513,468 2,220,168 Totals $ 6,525,750 $1,831,700 $ 13,637,900 $ 9,463,450 $1,329,318 $ 32,788,118 Capital Equipment Beautification & Parks 14% Information Technology Drainage & 5% Infrastructure 13% Public Buildings 61% Capital Improvement Program 2003-2008 Page 6 City of Aventura SUMMARY OF PROPOSED APPROPRIATIONS BY FUNDING SOURCE The following table reflects the distribution of all proposed projects to the funding source or mechanism, which is appropriate for funding the projects for each of the five years of the program. Table 2 Capital Improvement Program 2003/04-2007/08 Summary By Funding Source Fundin~l Source 2003/04 2004105 2005~06 2006107 2007~08 TOTAL General 4,606,750 790,750 4,592,400 675,950 756,318 11,422,168 Police Im pact Fees 91,000 101,250 165,500 87,500 98,000 543,250 Stormwatsr Utility 565,000 440,000 415,000 250,000 50,000 1,720,000 Parks Development 400,000 0 0 0 400,000 Grants 322,000 0 0 1,500,000 0 1,822,000 GO Bond 0 0 6,500,000 0 6,500,000 Transportation Fund 541,000 499,700 465,000 450,000 425,000 2,380,700 Private Donations 0 0 8,000,000 0 0 8,000,000 $ 6,525,750 $ 1,831,700 $ 13,637,900 $ 9,463,450 $ 1,329,318 $ 32,788,118 The proposed funding plan involves a commitment to 'pay as you go" annual appropriations established in yearly budgets and reducing the reliance on long term debt other than that proposed for the Cultural Arts Center. Funding Source Summary Police Impact Fees 2% General Park Development 35% Stormwater Utility 5% Transportation Fund 7% Grants 6% GO Bond 20% ~natlon~ 24% Capital Improvement Program 2003-2008 Page 7 City of Aventura I SUMMARY OF PROJECTS BY LOCATION AND YEAR I I The following outlines the major projects by location and the year they are proposed to I be funded: Table 3 Capital Improvement Program 2003/04-2007/08 Summary By Location Location Founders Park Improvements Waterways Park Development NE 31 Avenue Park Development Charter Middle School Construction NE 31 Avenue Country Club Drive Exercise Path Yacht Club Way William Lehman Causeway Hospital District Ama Yacht Club Drive Eastbound Lanes Cultural Arts Facility NE 207~ Street Aventura Bird Traffic Video Monitoring System Community Center improvements Beautification Transportation Street Drainage Park Improvements Improvements Lighting Improve Improve 2003/04 2003104 2005/06 2003/04 2006/07 2004/05 2005/06 2003-2007 Facilities Improve 2003104 2003104 2003/04 2003-2005 2003104/07 2003104 2003104 2004/06 2004/06 2004- 2006 2003/04 Capital Improvement Program 2003-2008 Page 8 eO~ of ExCeW FUNDING PLAN City of Aventura FUNDING PLAN INTRODUCTION In order for a Capital Improvement Program to be an effective management planning tool, the program must include not only a compilation of major capital needs and their costs but also a financing plan for the entire life of the program. This financing plan must include an analysis of the available resources which will be used to fund not only the Capital improvement Program itself but the required operating expenses and debt service requirements of the City. In order to ensure that the financing plan is complete in every respect, the plan formulation process must include: A projection of revenues and resources which will be available to fund operating and capital expenditures during the life of the Capital Improvement Program. A projection of future years' operating expenditure levels which will be required to provide ongoing services to City residents. Once the Capital Improvement Program projects have been evaluated, a determination is made of the projects to be funded and the timing of the cash outflow for each project. The information is then tabulated to determine the amounts required to fund the Capital Improvement Program for each year. From the information obtained in 1 through 3 above, the additional resources required to fund the CIP will be determined and a decision will be made on whether the program is to be financed by the issuance of debt, on a pay-as-you-go basis or some combination of the two. The financing plan prepared in such a manner will be as accurate as possible and should be an informative document to all City residents. However, due to the uncertainty involved in projecting operating cost increases, the community's desire for service increases and the inflow of resources over a five year period, the financing plan presented should be viewed as a theoretical framework to be adjusted each year based on the most recent information available at that time. This will be accomplished by updating the financing plan each year, adopting operating and capital budgets, and ordinances to implement fee structures which will be required to fund the program each ~ear. )EBT VS PAY-AS-YOU-GO FINANCING Debt financing through the issuance of long term bonds is most appropriate when: 1. There are a small number of relatively large dollar value projects. Capital Improvement Program 2003-2008 Page 9 City of Aventura The large projects cannot be broken into segments and the costs distributed over a larger time frame without impairing the usefulness of the project. 3. The projects are non-recurring. Assets acquired have a relatively long useful life which equals or exceeds the life of the debt. Through long term bond financing, the costs of a project having a long useful life can be shared by future residents who will benefit from the projects. In contrast, pay-as-you-go financing is most appropriate for a Capital Improvement Program which includes: 1. A large number of projects having a relatively small dollar value. Projects which can be broken into phases with a portion completed each year without impairing the overall effectiveness of the project. Projects which are of a recurring nature. Projects where the assets acquired will have relatively short useful lives. The primary advantage of pay-as-you-go financing is that the interest costs and costs of bringing a bond issue to market can be avoided. However, if inappropriately used, this financing plan may cause tax rates and fee structures to increase suddenly and may result in current residents paying a greater portion of projects which benefit future residents. In summary, the choice of the appropriate financing plan will be contingent upon an analysis of the projects to be included in a Capital Improvement Program. REClIUIRED SEPARATION OF FUNDING SOURCES In order to comply with accepted governmental accounting practices and to ensure compliance with City Codes and any related Bond Indentures, the analysis and financing plan contained herein will be presented within their respective funds. Projects funded on a pay-as-you-go basis will directly relate to the Capital Fund Budget from where the source of funding is derived. Each of these Budgets will appear in the Annual Operating and Capital Improvement Budget, which is adopted each year. Those funds are currently represented as follows: 1. General Fund 2. Transportation and Street Maintenance Fund Capital Improvement Program 2003-2008 Page 10 City ofAventura 3. Police Impact Fee Fund 4. Park Development Fund 5. Stormwater Utility Fund 6. Cultural Center Fund In accordance with accounting, legal and internal revenue requirements, all projects to be completed with the proceeds received from the sale of Bonds or loans will be accounted for in a Capital Construction Fund or Stormwater Utility Fund. In addition, capital outlay for the Charter Elementary School is included in a separate Budget adopted by the City Commission. SUMMARY OF FINANCING PLAN MODEL Detailed funding plans for individual funds of the City are enclosed herein in the following sections. The following represents an overview of the major points of the recommended funding plan: 1. Utilize "pay - as - you - go" financing through annual appropriations to fund $26,1011118 of the total five year amount of $32,701,118 If approved by the voters, and subject to obtaining $8,000,000 in private donations and $1,500,000 in state grants, issue long term general obligation bonds with proceeds in the amount of $6,500,000 to fund the Cultural Arts Center. The annual debt service payment of $500,000 would be paid from a voter approved debt service tax increase of 7.0%, which is approximately $32.00 a year for the average resident. 3. Utilize General Fund reserves in the amount of $4,000,000 to fund the Charter Middle School construction in 2005~06. 4. Utilize funding from impact fees and grants in the amount of $1,265,250 to assist in the funding of the Waterways Park and police equipment. 5. Adopt a 5% increase in the operating ad valorem tax rate in 2005/06 to support diminished revenues from growth and increased costs associated with new facilities and expanded services. This would represent the first tax increase in the history of the City in a 10 year period. The average cost to a residential home would be $25.00 a year. It is anticipated that City would still have the lowest tax rate in Miami-Dade County. If operating expenditures increase at a higher rate than expected, unanticipated events reduce key revenue sources, or an unforeseen emergency occurs during the five year period other operating ad valorem tax rate increases will be required. It should be made clear that the funding plan is based on a series of projections and assumptions. If events occur that revise the projections and assumptions, the financing plan will have to be updated and amended. Capital Improvement Program 2003-2008 Page 11 City of Aventura PROPOSED FINANCING PLAN GENERAL FUND After evaluating the nature of the various projects that are included in the City's General Capital Improvement Program, it was decided that pay-as-you-go would be most appropriate for funding the program. FINANCING PLAN TABLES Based on this decision, the analysis which follows is aimed at developing a financing plan which will allow the City to fund General Government Services operating expenditures and all projects recommended for funding in the General Capital Improvement Program for each year of the program. Table I presents a five (5) year projection of resources which will be available for General Government Services. Unless shown by an asterisk (*), the amount projected for each revenue is based on the tax rate or fee structure in effect during the 2002/03 fiscal year. Revenue descriptions followed by an asterisk (*) were computed based on a projected increase in the rate structure as discussed in the assumption of projections. Table 2 presents a five (5) year projection of required operating expenses for General Government Services which utilize the cost data as outlined in the assumption of projections. Table 3. is a recap of resources available to fund the General Capital Improvement Program based on projected revenues and expenditures and the proposed Capital Improvement Program appropriations for the five (5) years of the program. Please note that this analysis assumes that all available resources not needed to fund current operating expenditures will be transferred to the Capital Improvement Program Fund and that any balance in the Capital Improvement Program Fund will remain in the Capital Improvement Program. Through this process, the City will be able to accumulate a reserve which would be used to fund unexpected capital outlays or to fund future years' programs. Capital Improvement Program 2003-2008 Page 12 City of Aventura AD VALOREM TAXES AD VALOREM TAXES-;NCREASE $5,825,000 $9,721,000 $10,158,445 $10,615,575 $11,093,275 ,592,475 530,779 (b) $1,787,(}00 1,B40,610 1,895,828 1,952,703 71,623 293,000 301,790 310,844 320,169 329.77/4 4,675,000 5,030,000 5,180,900 5,336,327 5,496,4~7 665,000 685,275 712,365 737,297 763,103 (f) 1,019,000 1,920,100 930,301 839,604 500~00 NOTES TO ASSUMPTION OF PROJECTIONS (a) Ad valorem Tax revenue net of any tax increase will grow at the rate (~f 5% in 2003/04 and 4.5% thereafter. (b) Proposed 5% tax increase. (c) FPL Franchise Fees from Dade County will grow at the rate of 3% per year. (d) Franchise fees will grow at the rote of 3 % per year. (e) Utility taxes will grow at the rate Of 3% per year; ........ (f) Occupational Licenses will grow at the rate of 3.5% per year. (g) Building related revenues'~vill decrease at the rate of $100,000 per year beginning in 2004 and level offat $500,O00-per yea~ in 2006,- :: (h) State shared revenues will grow at the rate of 3.5% Per year. (i) Half-cent sales tax will grow at the rate of 3.5% per year. (j) Charges for services will grow at the rate of 3.5% per year. (k) Fines & forfeitures will grow at the rate of 3% per year. . () Represents payn3ents from.the ChartelrSchools BUdget to J;eimburse the General Fund for debt service paYment§ for tl~e land'for the~ ~ieme~taty School and fundS provided for the construction of the proposed middle school. Capital Improvement Program 2003.2008 - ..... Page 13 City of Aventura CAtyComml~lofl $106,306 $ 1(~6,493 $ 108.623 $ 1'i0,79§ $ 113,011 $ 1'i5,2q'I TOTAL PROJECTED EXPENDITURES $ 1613741180 $ 19{3971106 $ 201~361826 $ 22~3391539 $ 2317391024 $ ~i2~.1341 NOTES TO ASSUMPTION OF PROJECTIONS Operating expenditures will increase by 10.5% in 2003/04 and between 7% to 8.5% thereafter. The following chart illustrates that half of the operating budget is committed to providing public safety services. Office of the City Finance Support Manager Sm*vices 4% 6% =#y clerk 1% 24% Publk: ~ Capital Improvement Program 2003-2008 Page 14 City of Aventura TABLE $ RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS GENERAL CAPITAL IMPROVEMENT PROGRAM 2003/2004 2004/05 2005/06 2006/07 2007/0~ TOTAL PROJECTED AVAILASLE RESOURCES PROJECTED OPERATING EXPENDITURES SUBTOTAL LESS DEBT SERVICE REQUIREMENTS TRANSFER TO GENERAL CAPITAL IMPROVEMENT PROGRAM BALANCE FROM PREVIOUS YEAR TOTAL AVAILABLE RESOURCES FOR CIP PAY-AS-YOU-GO PROPOSED APPROPRIATION - CIF BALANCE iN ClP - END OF YEAR $22,411,286 $22,791,167 $24,358,291 $24,966,114 $25,961,102 17~147~106 18~686~826 20~089~539 21~489~024 23,002~341 5,264,180 4,104,341 4,26~,752 3,477,(~0 2,958,761 2~250~000 2r2~(X30 2,250~000 2,2~,000 2,2~3,(X:)0 3,014,180 1,854,341 2,018,752 1,227,090 708,761 9,719,426 8,126,856 9,190,447 6,616,800 7,167,939 12,733~606 9,~1~197 11~209,200 7,843,889 7,876~701 4,606,750 790,750 4,592,400 675,G50 756,318 $8,126,856 $9,190,447 $6,616,800 $7,167,939 $7,120,383 $30,000,000 m m mm ~ ~ ~ Expenditures .... ClP Fund Balance $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 2003104 2004/05 2005/06 2006107 200708 Capital Improvement Program 2003-2008 Page 15 City of Aventura PROPOSED FINANCING PLAN TRANSPORTATION FUND CAPITAL IMPROVEMENTR This fund was established to account for restricted revenues and expenditures which by State Statute and County Transit System Surtax Ordinance are designated for transportation enhancements, street maintenance and construction costs. Expenditures will either be accounted for in the General Fund by designating specific expenditure accounts in the Community Services Department and the Capital Improvement Program or in this fund by designating specific Capital projects. This table reflects the anticipated revenues available and the proposed appropriations. TABLE 4 TRANSPORTATION AND STREET MAINTENANGE FUND RECAP OF AVAILABLE RESOURCES AND PROPOSED APPR~OPRIATIONS SUMMARY BY YEAR REVENUES LOCAL OPTION GAS TAX INTEREST EARNINGS STATE SHARED REVENUES-RESTRICTED CARRYOVER COUNTY TRANSIT SYSTEM SURTAX TOTAL REVENUES 2002/2003 2003/2004 2004/2006 ' 2006/2006 2006/2007 2007/2008 431,000 446,085 461,698 477,857 4~4,682 511,893 7,500 7,500 7,500 7,500 7,500 7,500 116,000 119,025 123,191 127,603 131,965 136,584 20,000 350,000 736,000 749,700 764,694 775,988 795,588 923,600 1,307,610 1,342,089 1,377,5~4 1,414,035 1,451,564 LESS TRANFER TO GENERAL FUND 573,500 572,610 592,389 612,860 634,048 6E~,977 Less Ot~er Transportation Expenses Transfe~ 46,300 85,809 105A09 134,779 Less Transit Service Irnprovementa 70,000 194,000 203,700 213,885 224,579 235,808 Total For Capital CAPITAL EXPENDITURES Pro, iect Title 280,000 541,000 499,700 465,000 460,000 425,000 2002/2003 2003/2004 2004/2006 2005/2006 2006/2007 2007t2e'~ Road Resurfacing Program 281,000 129,700 225,000 200,000 425,000 296,000 2801000 370~000 240,000 250~000 $ 280,000 $ 576,000 $ 499,700 $ 465,000 $ 480,000 $ 425,000 Totals Capital Improvement Program 2003-2008 Page 16 City of Aventura PROPOSED FINANCING PLAN PARK DEVELOPMENT FUND The Park Development Fund is used to account for revenues specifically earmarked for capital improvements to the City's park system. Impact fees from new development become a funding source for future park development plans. For purposes of this five year plan, impact fees will be utilized to assist in funding the Waterways Park project. This fund will also be used to account for the grant funding obtained for the proposed park improvements. Table 5 Recap of Available Resources and Proposed Appropriations Park Development Fund CIP 2003/04 -2007~08 Revenues 2003~04 Park Impact Fees $400,000 Grants 150,000 Total Available Resources for CIP 550,000 Proposed Appropriations $550,000 Balance $0 Capital Improvement Program 2003-2008 Page 17 City of Aventura PROPOSED FINANCING PLAN POLICE IMPACT FEE FUND This fund was created to account for impact fees dedved from new development and restricted by Ordinance for Police Capital Improvements. This fund will provide a funding source to assist the City in providing police capital improvements required by growth. The proposed revenues derived from the Police Impact Fee Fund for the five year 3eriod is $443,250. Major capital outlay items include new equipment purchases required by growth in the police department. Table 6 reflects the anticipated revenues available and the proposed appropriations for these fund for the five year period. Table 6 Recap of Available Resources and Proposed Appropriations Police Impact Fee Fund CIP 2003~04 -2007/08 Revenues 2003/04 2004/05 2005/06 2006/07 2007/08 Police Impact Fees $91,000 $101,250 $65,500 $87,500 $98,000 Total Available Resources 91,000 101,250 65,500 87,500 98,000 for CIP Proposed Appropriations $91,000 $101,250 $65,500 $87,500 98,000 Balance $0 $0 $0 $0 $0 Capital Improvement Program 2003-2008 Page 18 City of Aventura PROPOSED FINANCING PLAN STORMWATER UTILITY FUND The City of Aventura is responsible for stormwater management activities within the corporate boundaries. Dade County was responsible for stormwater facility constriction, operation and maintenance prior to the incorporation of the City. The County provided a very limited level of stormwater maintenance. Many drainage and flooding problems existed in the City that required major capital improvements. In order to address the deficiencies and develop an ongoing maintenance program, a Stormwater Utility Fund was created. The Fund generates revenues for stormwater management costs, permitting and capital improvements from a source other than the General Fund, gas taxes or ad valorem taxes. The Utility relies on user fees charged to residents and businesses for generating revenues. The City has recognized the need and importance of taking a pro-active approach toward stormwater management. The stormwater drainage improvements contained in the five year Capital Improvement Program were based on a complete survey of all areas of the City conducted by the Community Services Department together with the City's consulting engineers. The Fund will be responsible for ongoing operation and maintenance costs, as well as capital improvements. The yearly operating expenses will be made by the General Fund and reimbursed by the Stormwater Utility Fund as a transfer of revenue. Table 7 reflects the anticipated revenues available and the proposed appropriations for the Stormwater Utility Fund for the five year period. A total of $1,720,000 worth of stormwater drainage projects will be completed during the five year period. The monthly rate charged to users per unit was $2.50 for 2002/03. It is not recommended that the fee be increased during the next five years. DADE COUNTY MUNICIPALITIES STORMWATER UTILITY RATES Coral Gables $3.50 Golden Beach $12.00 Hialeah $2.50 Homestead $ 1.25 Key Biscayne $5.00 Medley $ 2.50 Miami $3.50 Miami Beach $ 2.50 Miami Shores $2.50 North Miami $ 2.50 North Miami Beach $2.50 South Miami $ 2.50 Sweetwater $2.50 Capital Improvement Program 2003-2008 Page 19 City of Aventura TAm ~=7 I~=C. AP OF AVNLABLE RESOU{~{~=S vs PROPOSE~) N~PROpfllATIONS STO~J~N~TE~ UTIUTY FUND 2ale/a8 ~ 2a04/05 ~ 20a~07 Projected No. of Billable ERUs (1) 31,519 32,622 33,438 34,274 35,131 36,al39 Money Rate Per ERU $2.50 $2.,50 $2.50 $2.50 $2.50 $2.50 Les~ Uncollectibles (3) O~her Revemes (4) Total Operating Revenues qoera~ng Expens~ (5) Operation & Maimenance V~SD Billing Financial Management Miscellaneous Items(GIS, NPDES Pefmiffin~ Total C~era~ing Expenses Available for Cip & DelX Service Repaymem to Genend FLmd (6) Net RevenuesAfter Debt Sewice Available for Annual ClP Expenditures: Carry Over of Surplus Annual S~lus~(De~): $945,570 $978,665 $1,003,132 $1 ,ac28,210 $1 ,a53,915 $1,(~0,263 -37,823 ~39,147 -40,125 -41,128 -,~,157 -43,211 $ 907,747 $ 959,518 $ 963,0a6 $ 987,081$ 1,011,759 $ 1,087,a52 0 0 0 0 ~ $ g07,747 $ 939,518 $ 963,a06 $ ~7,081 $ 1,011,759 $ 1,037,a52 10,124 10,124 10,529 10,g50 19,3(38 19,303 20,075 20,878 11,699 11,6~9 12,167 12,854 29~247 2%247 30~417 3%634 $1~2,087 $196,~4 $204,780 $212,971 $715,710 $7,42,615 $-/58,~7 $774,111 $340,710 $642,615 $758,~7 $774,111 337,8(30 565,Bi30 440,0a0 415,000 $25,6a8 $3,218 $321,445 $680,555 11,388 11,844 21,713 22,582 13,160 13,686 ~ 34,m5 NOTES TO ASSUMFTION OF PROJECRONS (t) Pmjea[ed to growat an annual rate of: Z5% (2) Equals Projected No. of BillaUe ERUs multiplied by t~3e Monthly Rate Per ERU, v,ith the result annualized. (3) Equals 5% of Gross Storrnwata' L~ility Billings in Year Sho~n. (4) Assumed to be $3. For conservatia'n, neglected any imemst from uneaed pndions of bond proceed~ (5) Includes Operation and Maintenance, Administm'don, Review of Existing Account Data Costs. Beyond Rscal Yea' 19~/00, Projected to co~inue to grow at an annual rate of 4%. (5) Loan remymn~ Capital Improvement Program 2003-2008 Page 20 City of Aventura LONG TERM FINANCING ACTION PLAN PROPOSED FINANCING PLAN CULTURAL ARTS CENTER TABLE8 PROJECTION OF CULllJRAL CENTER TAX REVENUE AND EXPENDITURES *Proposed 7% tax increase if approved by votem for Cultural Arts Center to fund proposed 2005 General Obligation Bond in the amount of $6,500,000 and operating subsidy. Capital improvement Program 2003-2008 Page 21 PROJECT DESCRIPTIONS AND FUNDING SCHEDULES City of Aventura BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS This section includes beautification projects and improvements to the City of Aventura's park system and recreational facilities. There are 5 projects in the Capital Improvement Program, which total $4,705,000. Special emphasis was given to implementing an ongoing beautification program and acquiring additional park sites and upgrading existing facilities. Policies The City of Aventura's investment in improvements to the City park system is based on the following policies: Goal: Provide adequate and accessible parks and facilities to meet the recreational needs of all current and future residents. · Continue to evaluate available vacant property for possible park sites. · Provide a variety of quality recreation facilities that will meet the needs of all age groups within the City and enhance the overall environmental characteristics of the area. · Maximize the utilization of all public facilities through the provision of variety in the type of facility offered. · Provide exercise/walking paths to enhance the physical well being of residents. · Provide recreational facilities on the basis of 2.75 acres per 1,000 population. · Encourage the integration of recreational facilities into the development of residential, commercial, industrial, and open space land uses. Goal: Update the 5-year CIP on a yearly basis. · Utilize impact fees to finance the development of future recreational facilities. · Provide parks whereby residents have access to neighborhood parks within 2 mile radius and community parks which serve the entire City. Goal: Increase Safety Standards · Provide for adequate security measure including limited access facilities. · Replace dangerous equipment and eliminate visual barriers to reduce opportunities for crime. Capital Improvement Program 2003-2008 Page 22 City of Aventura · Employ vandal-resistant equipment and facilities. · Maintain a Parks Usage Plan to protect the City's investment in the park system and insure the resident's safety. Goal: Protect and preserve environmentally sensitive land and water areas. · Preserve significant trees on existing sites. · Increase the utility of existing open space owned by the City. · Preserve and enhance open space with environmental impact. Existin.q Facilities There is 23.0 acres of open space and public park land in the City. Aventura Founders Park was opened in November 1998. This 11 acre site located on West Country Club Drive and NE 190 Street includes both active and passive recreational opportunities. The park encompasses the following components: Jogging Path, tennis courts, gated entries, One ball field w/dugouts and backstops, Restroom Buildings, Decorative Fencing, Playground, picnic area, passive play areas, baywalk, landscaping, two parking lots, multi-purpose plaza areas, signage, benches, and security lighting. The Country Club Drive Exercise/Walking Path contains 5.5 acres that is classified as open space recreation area. This facility is used by residents for both recreational and exercise purposes. Waterways Park was acquired by the City in 1998 from a private developer. This 1 acre site was previously constructed by a private developer. The park is currently under design for a major expansion. Millennium Park was purchased in 1998. This 3.5 acre site was one of the last remaining waterfront undeveloped parcels in the City. This site will connect to the proposed pedestrian promenade on NE 188th Street and contains the new Community/Recreation Center. Open passive and sitting areas are available at this l location. NE 31st Avenue Park was acquired by the City from a private developer in 2001. This 2 acre site is currently undeveloped. Capital Improvement Program 2003-2008 Page 23 City of Aventura Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2002/03 fiscal year: Proiect Title Conceptual Design of Aventura Founders Park Design of Country Club Drive Exercise Safety Improvements Purchase of 5.5 acres for Aventura Founders Park Bus Shelter & Bench Replacements Year 1996/97 1996~97 1996/97 1996/97, 1999/00, Aventura Blvd Beautification Improvements 1997/98 Northern Entrance Beautification Improvements 1997/98 Aventura Founders Park Development 1997/98 Country Club Drive ExerciseNValking Path Improvements 1997/98 NE 183rd Street Beautification Improvements 1997/98 NE 34 Avenue Beautification Improvements 1997/98 Library Landscaping Project 1997/98 Huber Tract Open Space Land Purchase 1998/99 NE 207th Street Beautification Improvements 1998/99 Country Club Dr. Exercise Path Safety Improvements 1998/99 NE 190th Street Beautification Improvements 1998/99 Biscayne Boulevard Phase I Beautification Improvements 1998/99 FEC Landscape Buffer 1998/99 NE 191 st Street Beautification Improvements 1998/99 Waterways Park Improvements 1999/00 Founders Park Improvements 1999/00, Biscayne Boulevard Phase II Beautification Improvements 1999/00 NE 185th Street & NE 28th Ave Beautification Improvements 1999/00 NE 213th Street Beautification Improvements 2001/02 Aventura Blvd. Entrance Features 2001/02 Community/Recreation Center Conceptual Design 2000/01 Community Recreation Center Development 2001/02 Expanded Waterways Park Purchase 2001/02 Biscayne Boulevard Phase II Beautification Improvements 2001/02 Country Club Drive Beautification Improvements 2002/03 Newspaper Racks 2002/03 th NE 188 Street Beautification improvements 2002/03 1997/98, 1998/99 2000/01,2001/02 2001/02, 2002103 Park Facilities/Open Space Recreation The estimated current population for the City of Aventura is 27,000. The City's Comprehensive Plan recommended standard is 2.75 acres of park and recreation land for every 1,000 potential residents. The amount of park and recreation land required by the park standards for this population is 74.3 acres. In calculating the number of recreation acres the city has available for use by residents, public private, golf courses Capital Improvement Program 2003-2008 Page 24 City of Aventura and marinas are accounted for at a different degree depending on accessibility to citizens of the City. Assuming that public facilities can be accounted for at 100%, private recreation facilities at 50%, and marinas and the golf course at 25%, the City existing and proposed recreation areas total 108. Therefore, no deficiency exists under the City's standards. Table PFOS1 contains an inventory of existing and proposed recreation and open space areas. The City owns 23 park/open space acres. Although a deficiency in the provision of recreation/open space does not exist, the City desires to increase access to public facilities and providing recreational opportunities for all residents by acquiring and eventually constructing additional park facilities. The major park facility improvement outlined in the 2003/04 - 2007/08 relates to the providing new recreational and park sites. The projects are included in the detailed project descriptions and a funding schedule that follows. (See Tables 1 and 2). The completion of the five - year Capital Improvement Program for parks/open space recreational facilities Will provide the City residents with a well rounded recreational and park system geared toward meeting the needs of today and tomorrow. Table PFOS 1 CITY OFAVENTURA Recreation/Open Space Inventory TYPE FACILITY ACRES Public Recreation Areas C Country Club Ddve ExerciseNValking path C Community Center Park N NE 31st Avenue Park N Waterways Park N Aventura Founders Park APPLICABLE ACRES 5.5 5.5 3.5 3.5 2.0 2.0 1.0 1.0 11.0 11.0 Public Recreation Subtotal 23.0 23.0 Private Recreation Areas Pdvate Recreation Sites Madna Complexes Golf Courses Private Recreation Subtotal Total Recreation Areas C = Community Park N = Neighborhood Park * = Undeveloped 63.61 31.81 9.40 2.35 203.17 50.79 276.18 84.95 299.18 107.95 Capital Improvement Program 2003-2008 Page 25 City ofAventura Citywide Beautification Proqram In December of 1996, the City Commission approved the landscape design concepts to be utilized with the implementation of a Citywide Beautification Program. This major undertaking, addresses median and right of way landscaping throughout the public areas within the City, and was adopted as one of the City's budget priorities and goals. The landscape design includes the planting of an assortment of palm trees, including date palms at the City's entrances and coconut and royal palms on various medians throughout the City, as well as shade trees such as live oaks. With this Beautification Program, the City Commission has fulfilled its long-term goal of creating the signature of the City and establishing its reputation as "the most beautiful City in South Florida". The actual construction of these projects will be ongoing until all of the improvements to the vadous areas within the City are complete. The following areas have been completed or are scheduled for completion as of the 2002/03 fiscal year: Aventura Boulevard, Northern City Entrance, NE 207th Street, NE 183rd Street, NE 185th Street & 28th Avenue, NE 190th Street, NE 191~t Street, NE 29th Avenue, NE 187t~ Street, NE 188t~ Street, NE 213t~ Street, Biscayne Boulevard and FEC Landscape Buffer, Aventura Boulevard Entrance Features and the Library Landscaping Project Fundinq Plan Funding for the proposed beautification and park facilities will be provided by the proceeds from the following revenue sources: Total Category Budget $4,705,000 Funding: General Fund $3,983,000 Park Impact Fees 400,000 Grants 322,000 Capital Improvement Program 2003-2008 Page 26 City of Aventura TABLE 1 PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS PROJECTS ~CREDULED FOR 2C~3/04 - 2007/08 SUMMARY BY YEAR Totals $ 4.505,0~ $ 52,000 $ 83,000 $ $ 65,000 $ 4,705,000 TABLE 2 PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS PROJECTS ~CHEDULED FOR 2(303~4 - 2007/08 FUNDING PLAN Capital Improvement Program 2003-2008 Page 27 City of Aventura PROPOSED PROJECTS 1 - CM Waterways Park Development 2003/04 $3,350,000 This project includes purchasing 6 acres from Gulfstream Racetrack and developing and expanding the current Waterways Park. The park would include a multipurpose sports field, playground, basketball court, fitness trail and preservation of 1.5 acres of mangroves. 2 - CS Citywide Beautification Improvements 2003~04 $548,000 2004~05 $24,000 2005/06 $83,000 This project consists of implementing the landscaping and beautification concepts approved by the City Commission. 2003~04 Yacht Club Way Wdliam Lehman Causeway Install 3 Newspaper Racks 180,000 344,000 24,000 2004/05 Install 3 Newspaper Racks 24,000 2005~06 NE 207 South Swale 75,000 .................... _P__~_r_~b _~_ _~_.3_. _B.?.n_ ~ _h~ ?_d__Tz _~ _h___C__an_ ~ ............................... _~.,_O._q _0. ............. Capital Improvement Program 2003-2008 Page 28 City of Aventura 3 - CS NE 31 Avenue Park Development 2003/04 $600,000 This project consists of developing the 2 acre park site on NE 31 Avenue. Planned facilities and amenities include: 30 space parking lot; 1.5 acre open playfield area; playground facilities; landscaping with shade trees; decorative fencing separating the pet park from the play areas; separate entrance for visitors with pets. 25,000 square foot pet exercise area; drinking fountains for pets and people; several "pooper scooper" stations; trash receptacles and security lighting. PET/PLAY PARK CITY OF AVENTURA 4-CS Founders Park Improvements 2003/04 $7,000 2004/05 $4,500 This project consists of maintenance projects, equipment. 2003~04 Soccer Goals 2007/08 $65,000 replacing and updating playground 3,000 Capital Improvement Program 2003-2008 Page 29 City of Aventura Seal Coat Parking Lot and Path 4,000 2004/05 Replace Playground Cover 4,500 2007/08 Replace Playground Equipment 65,000 5-CS Country Club Dr. Exercise Path Safety Improvements 2004/05 $23,500 This project consists of paving repairs and seal coating of the exercise path along Country Club Drive. Capital Improvement Program 2003-2008 Page 30 City of Aventura TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS This section includes improvements to the City of Aventura's transportation system, roadways, drainage system, sidewalks, pedestrian pathways, street lighting and other infrastructure improvements. There are 4 improvement projects in the Capital Improvement Program, which total $4,135,700. Special emphasis was given to correcting drainage deficiencies, installation of traffic video monitoring devices, ~mproving safety through street lighting and addressing maintenance considerations. The projects outlined in this section have been developed based on a survey of all areas of the City, with respect to the improvement items, by the Community Services Department; City's consulting engineer and staff. The projects were prioritized according to the urgency of the improvements needed and age of the areas to be improved. Policies The City of Aventura's investment in improvements to the City's transportation system, roads, sidewalks, street lighting and drainage system is based on the following policies: Goal: Utilize the Stormwater Utility Fund to provide revenue sources to fund drainage improvements contained in the CIP. · Coordinate area-wide storm water developments with major street improvements. · Provide adequate storm drainage as defined by present standards for different types of areas of the City. · Upgrade areas of the City to conform to present drainage standards to eliminate flood prone areas. Goal: improve local roads to meet road safety requirements and serve the transportation needs of the City. · Systematically provide local street improvements throughout the City based upon the existing condition and age of the street and the cost of maintenance of the street. · Provide an adequate road transportation network that meets or exceeds the capacity rating outlined in the Comprehensive Plan. · Implement improvements to meet safety standards. · improve safety by installing street lighting on all appropriate public roadways. Capital Improvement Program 2003-2008 Page 31 City of Aventura · Provide walkways and sidewalks to improve the safety of residents traveling throughout the City. Accept the dedication of private roads throughout the City in accordance with the Policy governing the conversion of private roads to public roads as outlined in Resolution No. 97-05. Existinq Facilities The following is a list of current public roads under the jurisdiction of the City: NE 185th Street NE 28th Place NE 29th Avenue NE 29th Place NE 34th Avenue NE 188th Street NE 191st Street NE 193rd Street West Country Club Drive East Country Club Drive NE 203rd Street NE 206th Street NE 208th Street NE 209th Street NE 213th Street NE 214th Street Yacht Club Drive NE 27th Court NE 28th Avenue NE 29th Court NE 30th Avenue NE 187th Street NE 190th Street NE 192nd Street Aventura Boulevard North Country Club Drive NE 201 Terrace NE 205th Street NE 207th Street NE 208th Terrace NE 211th Street NE 214th Terrace NE 183rd Street Prior Accomplishments Since the inception of the Capital Improvement Program, the following projects have been completed or are scheduled for completion as of the 2002/03 fiscal year: Proiect Title Year Country Club Drive Drainage Improvements 1996/97 Sidewalk Installation - Southside of Lehman Causeway 1996/97 Pedestrian Safety Study 1996/97 Aventura Boulevard Street Lighting Improvements 1997/98 NE 183rd Street & Drainage Improvements 1997/98 NE183r~ Street Lighting Improvements 1997/98 NE 207th Street Lighting Improvements 1997/98 North Aventura Stormwater Collector (213th Street) 1997/98 Pedestrian Transportation Circulation Safety Improvements 1997/98 NE 190t' Street Lighting Improvements 1998/99 South Aventura Stormwater Collector 1998/99 Sidewalk Improvements & Replacements 1998/99, NE 34~ avenue Street Lighting Improvements 1999/00 1999/00, 2000/01 Capital Improvement Program 2003-2008 Page 32 City ofAventum NE 185th Street & NE 28th Avenue Improvements 1999/00 Safety Improvements - Country Club Drive 1999/00 NE 30th Avenue Drainage Improvements 2000/01 NE 213th Street Lighting Improvements 2000/01 NE 34th Avenue Safety/Road Improvements 2000/01 Biscayne Lake Gardens Area Drainage Improvements 2001/02 NE 188th Street, Lighting & Drainage Improvements 2002103 Country Club Drive Improvements 2002~03 NE 190 Street Drainage Improvements 2002~03 Road, Drainaqe and Infrastructure Improvements The City incorporated in November of 1995, prior to that time the area of the City was under the jurisdiction of Dade County. Condominium Associations or Dade County maintained the roads and rights-of-way. The City entered into an Interlocal Agreement with Dade County that transferred the jurisdiction of all public roads and rights-of-ways to the City. In January of 1997 the City assumed the maintenance of all public roads and rights-of-way. The City's consulting engineers conducted an extensive evaluation of the City's infrastructure including roadways, drainage, sidewalks and streetlighting. The study indicated that major improvements were necessary for storm drainage and street lighting. Most of the infrastructure deficiencies have been addressed with the completion of the original 5 year CIP which began in 1997/98. In January 1997, the City Commission by Resolution No. 97-05 adopted a Policy governing the conversion of private roads to public roads. The Williams Island Road project was the first roadway conversion to implement the provisions of the Policy as it relates to drainage, street lighting and safety improvements. Major emphasis was also placed on improving street lighting and replacing FPL cobra head lights with decorative lighting fixtures in areas that the rights-of-way could accommodate the new light fixtures. During the 1997198 fiscal year the City in cooperation with several developers entered into an Agreement to construct the North Aventura Stormwater Collector (213~' Street), 3 years ahead of schedule and at a cost savings of $1,000,000. In 1999 the south collector was completed using a similar private-public partnership. During 2002, NE 34th Avenue was connected to the north collector. During 2003, Biscayne Lakes Garden area and NE 29th Avenue was connected to the north connector. Projects outlined herein can be also be classified as drainage improvements and road resurfacing in accordance with established maintenance schedules. All infrastructure upgrades of roadways will be coordinated with other projects to prevent multiple paving projects or pavement cuts. Fundin.q Plan Funding for the proposed roadway, drainage and infrastructure improvement projects will be provided by the following sources: Total Category Budget $ 4,135,700 Capital Improvement Program 2003-2008 Page 33 City of Aventura Funding: Transportation Fund $2,380,700 Storm Water Utility Fund $1,720,000 General Fund 35,000 Tables 1 and 2 showing these improvement projects and funding schedules are followed by detailed project descriptions. capital Improvement Program 2003-2008 Page 34 City of Aventura TABLE 1 SUMMARY BY YEAR TDI1 Skxmv,eterD~in~elmproveme~ CS $ 565,(~0 $ 440,000 $ 415,0[~0 $ 250,G~0 $ 50,000 $ 1,720,(~0 Transp~tati~ Sytem & Traffic Totals $ 1,141,C~0 $ 939,7~0 $ 8~O,(~0 $ 7~,0~0 $ 475,{~ $ 4,135,7~0 TABLE 2 PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2003K)4 - FUNDING PLAN Transp~io~ Sytern & Traffic Capital Improvement Program 2003-2008 Page 35 City of Aventura PROPOSED PROJECTS 1-CS Stormwater Drainage Improvements 2003~04 $565,000 2004~05 $440,000 2005/06 $415,000 2006/07 $250,000 2007~08 $50,000 Based on the Stormwater Master Plan prepared by the City's .consulting engineers, the projects included address drainage improvements in the Hospital distdct and newly acquired private roads. The Hospital district system will be connected to NE 213 Street (North Aventura Stormwater Collector). Additional projects included provide for ongoing annual minor drainage improvements. Most projects include the cost of resurfacing the affected roadways. 2003~04 Yacht Club Way Draina,~e Improvements 150,000 Hospital District NE 213 Street Connector 415,000 2004~05 Hospital District South Collector 440,000 2005/06 Hospital District North Collector 415,000 2006/07 Drainage Improvements 50,000 Remove Weir Gate from NE 30 Avenue 200,000 2007/08 Drainage Improvements 50,000 2-CS StreetLighfinglmprovements 200~04 $295,000 This project provides for the installation of new streetlights and illuminated street signs in certain areas. The lights will provide safe, well-lighted roadways that are aesthetically pleasing. 200354 Street Lights: NE 31 st Avenue Yacht Club Way Street Signs: NE 31 st Avenue/Williams Island Boulevard Williams Island Boulevard NE 29th Place/Aventura Boulevard NE 30~h Avenue/NE 203r~ Street Causeway/Biscayne Boulevard Williams Island Boulevard/Biscayne Boulevard 85,000 150,000 60,000 Capital Improvement Program 2003-2008 Page 36 City of Aventura 3-CS Road Resurfacing Program 2004~05 $370,000 2005/06 $240,000 2006/07 $250,000 This project consists of resbrfacing roadways that are not included in the Stormwater Drainage Improvements. The roads represent the most critical areas as determined by the Community Services Department. 2004/05 NE 207th Street 370,000 2005/06 Aventura Boulevard 240,000 2006~07 Yacht Club Drive Eastbound Lanes 250,000 4-CS Transportation System and Traffic Improvements 2003/04 $281,000 2004/05 $129,700 2005/06 $225,000 2006/07 $200,000 2007/08 $425,000 This project includes improvements to the City's transportation and tr~ic system including bus shelters. A major component of this project is the implementation of the Traffic Video Monitoring Program which provides for the installation of cameras at key intersections to allow for the Police Department to monitor and respond to traffic conditions. 2003/04 Extend Lehman Causeway Westbound Service Road $55,000 Install Curbing to 6 Bus shelters 15,000 Install Shelter at Biscayne Blvd and NE 210th 73,500 Traffic Video Monitoring Program 137,500 Miami Gardens/Biscayne BIvd, NE 183rd/Biscayne Blvd (2) 2004~05 Install shelter at Yacht Club Drive Traffic Video Monitoring Program Lehman Causeway/Biscayne Blvd (1) 75,000 54,700 2005~06 Traffic Video Monitoring Program 225,000 Aventura Mall/Aventura Blvd/Ives Dairy Road and Biscayne Blvd (5) 200657 Traffic Video Monitoring Program Country Club Drive (4) 200,000 2007/08 Traffic Video Monitoring Program NE 207th Street (2), NE 213th Street (2) NE183rd Street and NE 31StAve. (1) 425,000 Capital Improvement Program 2003-2008 Page 37 City of Aventura PUBLIC BUILDINGS AND FACILITIES IMPROVEMENTS Capital projects in this functional category include the completion of the charter elementary school and the construction of a cultural arts center. The Capital Improvement Program includes projects totaling $20,087,000. Policies The City's investment in improvements to public buildings and operational facilities is based on the following policies: Provide easily accessible services to City residents and adequate parking for City facilities. Repair and maintain all buildings and facilities in proper order to increase life of said facilities. Provide facilities for future growth of the City and services generated by such growth. Existin,q Facilities Map 1 shows the location of the City of Aventura's Government Center, and the Dade County Fire Rescue Station and Library Branch. Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2002/03 fiscal year: Project Title Government Center/Police Station Needs Assessment Study Government Center Land Purchase Design of Government CentedPolice Construction of Government Center Purchase of Charter Elementary School Property Construction of Charter Elementary School Property Year 1996/97 1997~98 1997~98 1999/00, 2000/01 2001/02 2002/03 Fundin,q Plan Funding for the proposed Public Buildings Projects will be provided by the following sources: Total Category Budget Fundin.q: General Fund 2005 GO Bond Issue Proceeds Private Donations Grants $20,087,000 4,087,000 6,500,000 8,000,000 1,500,000 Capital Improvement Program 2003-2008 Page 38 City of Aventura TABLE 2 Capital Improvement Program 2003-2003 Page 39 City ofAventura PROPOSED PROJECTS 1 - CM Charter Middle School Construction 2005/06 $4,000,000 This project consists of the construction and equipment for the Charter Middle School on NE 188th Street. 2 - CM Cultural Center 2005~06 $8,000,000 2006/07 $8,000,000 This project consists the design and construction of a Cultural Arts Center. The proposed building would be approximately 26,500 square feet with a seating capacity up to 500. The site for the Center has not been determined at this time. A public referendum would be held to obtain voter approval of the tax increase necessary to fund the annual debt service costs associated with the bond issue to fund this project. In addition $8,000,000 in private donations would be required to assist in funding the project. 3 -CS Community Recreation Center Improvements 2003/04 $87,000 This project consists of providing equipment, computers and improvements at the Community Recreation Center. 2003~04 Facility Reservation Software $8,000 Additional Computers for Technical Center 22,000 Point of Sale and Card Printer Software 8,000 Additional Registration Station 5,000 Curtain Divider for Gym 6,500 Indoor Portable Stage 3,500 Portable Walls for Hanging Art 4,000 200 Folding Chairs 6,000 Fencing 24,000 Capital Improvement Program 2003-2008 Page 40 City of Aventura INFORMATION/COMMUNICATIONS TECHNOLOGY This functional category includes improvements to the City of Aventura's information/communication systems, data processing and the automation of certain operations by utilizing the latest technology to enhance productivity and efficiency. There are 8 projects totaling $1,640,250. Policies The City of Aventura's investment in communication and computer projects is based on the following policies: · Continue the implementation upgrade of the Management Information System for all key City operations to automate functions and improve efficiency and productivity. · Improve and maintain City-wide radio communications capabilities for Police operations. · Develop and maintain computerized capabilities of the various City departments and information systems, · Utilize the latest state of the art technology including the use of the Internet for the delivery of services. Capital Improvement Program 2003-2008 Page 41 City of Aventura TABLE 1 PROPOSED INFORMATiON/COMMUNICATION TECHNOLOGY PROJECTS SCHEDULED FOR 2003/04- 2007/08 SUMMARY BY YEAR ICT2 lc'r3 ICT4 ICT5 ICT6 ICT8 Police Computem Systems PD 130,000 Central MIS FFS 56,500 RadJo Purchase & Replacement PO 115,000 Computer Equipment FSS 6,000 Computer Equipment CM 4,~00 Conlputer Equipment CS 2,500 Computer Equipment CD 8,150 Computer Equipment CC Totals $ 325,150 $ 6,000 4,000 4,fl00 6,000 26,0110 2,000 4,000 10,O(X} 18,800 1800 1,800 1,8{X} 26,700 8,150 9;200 8,000 8,050 41,550 422,950 $ 294,500 $ 321,800 $ 275,850 $1,640,250 TABLE 2 PROPOSED IN FORMATIO N/COM MU NlCAT}O N TECHNOLOGY PROJECTS SCHEDULED FOR 2003/04- 2007108 FUNDING PLAN ICTI Police Computers Sys~,ms PO lc'r2 Central Computer System FF$ lc'r3 Radio Purchase & Replacement PD ICT4 Computer Equipment FSS ICT5 Computer Equipment CM ICT6 Computer Equipment CS ICT7 Computer Equipment CD ICT8 Computer Equipment CC To~als 692,500 322,500 515,000 26,000 10,0(X} 26,700 41,550 6,000 $ 1,640,250 $ 100,000 892,500 322,500 415,000 26,000 10,000 26,700 41,550 6,000 $1,~40,250 Capital Improvement Program 2003-2008 Page 42 City of Aventura PROPOSED PROJECTS 1 - PD Police Computers Systems 2003/04 $130,000 2004105 $145,000 2006107 $140,000 2007/08 $140,000 2005/06 $137,500 This project consists of purchasing computer equipment and software that utilizes the latest technology for the Police Department. 2003/04 15 Desktop Computers Upgrades Replace 12 Mobile Laptops Air card Replacements 30,000 5,000 65,000 30,000 2004/05 15 Desktop Computers Upgrades Replace 12 Mobile Laptops 30,000 50,000 65,000 200556 Upgrades Replace 12 Mobile Laptops 10 Desktop Computers Air card Replacements 40,O0O 65,000 25,000 7,500 2006~07 Upgrades Replace 12 Mobile Laptops 10 Desktop Computers 50,000 65,000 25,000 2007/08 Upgrades Replace 12 Mobile Laptops 10 Desktop Computers 50,000 65,000 25,000 2 - FS Central Management Information System 2003/04 $56,500 2004/05 $145,000 2005/06 $40,000 2006~07 $61,000 2007/08 $20,000 This project consists of purchasing new and replacement computer hardware and software that utilize the latest technology for the City's general information management system, which is used by all City Departments. !003/04 MS Exchange Implementation Software/Licenses/Upgrades HTE Occupational Licenses 10,000 5,000 10,000 Capital Improvement Program 2003-2008 Page 43 City of Aventura Servers/Security/UPS/Switches 26,500 AS 400 Upgrades 5,000 2004/05 Software/Licenses/Upgrades 63,000 Servers/Security/UPS/Switches 27,000 AS 400 Replacement 55,000 2005~06 Software/Licenses/Upgrades 5,000 Servers/Security/UPS/Switches 20,000 AS 400 Upgrades 5,000 MS Exchange Implementation 10,000 2006/07 Software/Licenses/Upgrades 13,000 Servers/Security/UPS/Switches 38,000 AS 400 Upgrades 5,000 MS Exchange Implementation 5,000 2007/08 Software/Licenses/Upgrades 5,000 Servers/Security/UPS/Switches 10,000 AS 400 Upgrades 5,000 3~PD Radio Purchase & Replacement 2003/04 $115,000 2004/05 $100,000 2006/07 $100,000 2007/08 $100,000 2005/06 $100,000 This project consists of purchasing equipment to establish and maintain an 800 Mhz police radio system to improve communications and purchase new radios for projected additional personnel in the Police Department and replace radios that may become damaged or become inoperative during the five-year period. 2003/04 10 Handheld & 10 Mobile Radios 50,000 800 Mhz Radio System Upgrades 50,000 New Frequency Expansion 15,000 2004/05 10 Handheld & 10 Mobile Radios 50,000 800 Mhz Radio System Upgrades 50,000 2005/06 10 Handheld & 10 Mobile Radios 50,000 800 Mhz Radio System Upgrades 50,000 2006/07 10 Handheld & 10 Mobile Radios 50,000 800 Mhz Radio System Upgrades 50,000 2007/08 10 Handheld & 10 Mobile Radios 50,000 Capital Improvement Program 2003-2008 Page 44 City of Aventura 800 Mhz Radio System Upgrades 50,000 4 - FSS Computer Equipment 2003/04 $6,000 2004/05 $6,000 2006/07 $4,000 2007/08 $6,000 2005~06 $4,000 This project includes the replacement of existing equipment for the various employees of the department. 5 - CM Computer Equipment 2003/04 $4,000 2005~06 $2,000 2006/07 $4,000 This project consists of upgrading computer equipment in the Office of the City Manager. 6 - CS Computer Equipment 2003/04 $2,500 2004/05 $18,800 2006/07 $1,800 2007/08 $1,800 2005~06 $1,800 This project consists of purchasing and upgrading computer equipment in the Community Services Department. 2003/04 Computer 1,800 3 Printers 700 2004/05 Computer 1,800 GIS Software Upgrade 17,000 2005/06 Computer 1,800 2006/07 Computer 1,800 2007/08 Computer 1,800 7 - CD Computer Equipment 2003/04 $8,150 2004/05 $8,150 2006/07 $8,000 2007/08 $8,050 2005~06 $9,200 Capital Improvement Program 2003-2008 Page 45 City of Aventura This project consists of computer upgrades, replacement printers and the implementation of field computers for code compliance and building inspections for the Community Development Department. 2003~04 Replace 4 Computers 6,000 Replace 2 Printers 900 Replace 1 Form Printer 1,250 2004/05 Replace 4 Computers 6,000 Printer 2 Printers 900 Replace 1 Form Printer 1,250 2005/06 Replace 4 Computers 6,000 Replace 3 Printers 1,000 Replace 3 Digital Camera 1,700 Replace 1 Laser Printer 500 2006/07 Replace 4 Computers 6,000 Replace 1 Printers 500 Replace 1 Line Printer 1,500 2007/08 Replace 4 Computers 6,000 Replace 2 Printers 800 Replace 1 Form Printer 1,250 8 - CC Computer Equipment 2003/04 $3,000 2006/07 $3,000 This project consists of upgrading and replacing computer equipment in the City Clerk's Office. Capital Improvement Program 2003-2008 Page 46 City of Aventura CAPITAL EQUIPMENT PURCHASES AND REPLACEMENTS This section includes projects relating to Capital Equipment Purchases and Replacements for all operating departments. There are a total of 4 projects totaling $2,220,168. Policies The City Aventura's investment in capital equipment purchases and replacements is based on the following policies: Goal: Provide capital equipment that will meet the needs of all departments in order to maintain the efficiency and productivity of providing municipal services to the residents of the City. · Replace all present equipment that is required when they become unusable, unsafe or when maintenance costs outweigh the total cost of replacement. · Develop and maintain an "Equipment Evaluation and Replacement Guide" to determine replacement schedules and costs. · Purchase more economical and multi-functional vehicles. · Purchase new equipment that will increase productivity and reduce personnel and maintenance costs. · Maintain all City assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. Proposed Capital Equipment Purchase And Replacement Most projects outlined in the 2003/04 to 2007/08 Capital Improvement Program are either pertaining to vehicles or operational equipment. These 4 projects, worth $2,220,168 are displayed in Table 1. Detailed project descriptions and a funding schedule follow. The CIP guidelines provide that capital equipment shall be defined as either having a useful life of more than one year and/or a value of $500 or more. Fundin,q Plan Funding for the proposed Capital Equipment Purchase and Replacement Projects wil be provided by annual appropriations from the following sources: Total Category Budget $2,220,168 Capital Improvement Program 2003-2008 Page 47 City of Aventura Funding: General Fund Police Impact Fee Fund $1,776,918 $ 443,250 Capital Improvement Program 2003-2008 Page 48 City ofAventura TABLE 1 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2003/04 - 2007108 SUMMARY BY YEAR CE1 CE2 CE3 CE4 Vehicle Purchase & Replacements PD Equipment Purchase and Replacement PD Equipment Purchase and Replacement CS Equipment Purchase and Replacement CD Totals 91,000 101,250 65,500 87,500 98,000 443,250 37,5CO 23,500 25,(XX) 86,000 27,500 21,300 1,700 560 30,200 81,260 $ 467,600 $417,050 $ 380.400 $ 441,650 $ 513,468 $ 2,220.168 TABLE 2 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2003/04 - 2007108 FUNDING PLAN CE1 Vehicle Purchase & Replacements PD2 1,609,658 CE2 Equipment Purchase and Replacement PD3 443,250 CE3 Equipment Pumhase and Replacement CE12 86,00Q CE4 Equipment Purchase and Replacement CD1 81,260 Totals $ 2,220,168 $ 443.2.~0 Capital Improvement Program 2003-2008 Page 49 City of Aventura PROPOSED PROJECTS 1 - PD Vehicle Purchase & Replacements 2003/04 $311,660 2004/055271,000 2006~07 $353,590 2007~08 $360,268 2005~06 $313,200 This project consists of purchasing police vehicles to accommodate new employee additions and establish a vehicle replacement program in the Police Department. 2003~04 2004/05 2005~06 2006/07 2007/08 Replace 10 Patrol Vehicles $241,660 Replace 2 Specialty Vehicles 70,000 Replace 10 Patrol Vehicles $253,000 Replace 2 Motorized Carts 18,000 Replace 12 Patrol Vehicles $313,200 Replace 12 Patrol Vehicles $322,590 Replace Command Post Minivan 22,000 Replace Wave Runner 9,000 Replace 12 Patrol Vehicles $332,268 SRO SUV 22,000 2 - PD Equipment Purchase and Replacement 2003~04 $91,000 2004/05 $101,250 2006/07 $87,500 2007/08 $98,000 2005~06 $65,500 This project consists of purchasing equipment for the Police Department. The following is a breakdown of the items to be replaced: 2003/04 10 Overhead light bars, Sirens & Cages 50,000 Replace 15 vests 9,000 Replace SMART Radar Trailer 10,000 Marine patrol engine replacement 22,000 2004/05 Purchase 5 handheld radar units 10,000 Replace Marine Patrol Boat 60,000 Replace 10 vests 6,250 5 Overhead light bars, Sirens & Cages25,000 2005/06 10 Sirens & Cages 50,000 Capital Improvement Program 2003-2008 Page 50 City of Aventura Replace 15 vests Replace 2 Projectors 9,500 6,000 2006~07 10 Sirens & Cages Replace 10 vests Replace 6 radar units Marine patrol engine replacement 51,000 6,500 18,000 12,000 2006107 10 Sirens & Cages Replace 10 SWAT vests Replace 15 vests Replace 4 radar units 51,000 25,000 10,000 12,000 3 - CS Equipment Purchase and Replacement 2003/04 $37,500 2004/05 $23,500 2007/08 $25,000 This project consists of the replacement of equipment that has become inefficient defective, or unusable and to add new equipment to provide improved services in the Community Services Department. The following is a breakdown of the items to be )urchased: 2003/04 Pickup Truck 17,500 Utility Van 20,000 2004/05 Golf Cart 6,000 Pickup Truck 17,500 2007/08 Utility Vehicle 25,000 4 - CD Equipment Purchase and Replacement 2003/04 $27,500 2004/05 $21,300 2006/07 $560 2007/08 $30,200 2005/0651,700 This project consists of the addition of equipment or the replacement of equipment that has become inefficient, defective, or unusable in the Community Development Department. The following is a breakdown of the items to be replaced: 2003/04 Utility Vehicle 27,000 Vertical File 500 2004/05 Pickup Truck 20,200 Bookcase & File 1,100 Capital Improvement Program 2003-2008 Page 51 City of Aventura 2005/06 3 File Cabinets 1,700 2006/07 Vertical File 560 2007~08 Utility Vehicle 28,700 2 File Cabinets 1,500 Capital Improvement Program 2003-2008 Page 52 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~.~ Eric M. Soroka, City Manager ~... Joanne Carr, AICP(~.~ ~ Planning Director June 23, 2003 Small scale amendment to the City's Comprehensive Plan to change the land use designation of three tracts of land on NE 28 Court totaling 8.36 acres from Business and Office to Medium High Density Residential. (01-CPA-03- Small Scale Amendment) July 1, 2003 Local Planning Agency Agenda Item ~ July 1, 2003 City Commission Meeting Agenda Item September 2, 2003 City Commission Meeting Agenda Item __ RECOMMENDATION It is recommended that the City Commission: 1. Approve the small scale Comprehensive Plan amendment to change the land use designation of three tracts of land on NE 28 Court totaling 8.36 acres from Business and Office to Medium High Density Residential; and 2. Approve the transmittal of the amendment to the Florida Department of Community Affairs and other state agencies pursuant to Chapter 163, Florida Statutes. THE REQUEST The applicant is requesting a small scale Comprehensive Plan amendment to change the land use designation of three tracts of land on NE 28 Court totaling 8.36 acres from Business and Office to Medium High Density Residential to facilitate a rezoning of the parcels from B2 (Community Business District) to RMF4 (Multifamily High Density Residential District). (See Exhibit #1 for Letter of Intent) The currant landholding of the applicant is 8.36 acres. The total development site area will be 9.02 acres if the City Commission approves an abandonment of .65 acres of the NE 28 Court right of way. BACKGROUND OWNER OFPROPERTIES: Merco Group at Aventura Landings I, II and III, Inc. Tract A 28-2203-000-0271 3.09 acras Tract B 28-2203-000-0284 3.61 acras Tract C 28-2203-000-0231 1.66 acras NAME OF APPLICANT Ben Fernandez for Merco Group at Aventura Landings I, II and III, Inc. LOCATION OF PROPERTY NE 28 Court at NE 185 Street See Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph SIZE OFPROPERTIES Approximately 8.36 acres (9.02 acres including .65 acra raquested to be abandoned) right of way DESCRIPTION/BACKGROUND The site is comprised of thrae tracts of land in the same ownership, divided by the NE 28 Court road allowance. Tracts A and B lie to the west of the road and Tract C lies to the east. Tracts A and B formerly contained the Binnings Building Products factory and Tract C is vacant land. Tract B is listed by Miami-Dade County Department of Environmental Resources Management Department as a contaminated site and is currently under remediation by the owner. Approval from DERM Pollution Remediation Section is required prior to commencement of any site or construction work. The thrae tracts are currently designated as Business and Office land use on the City's Futura Land Use Map in the Comprehensive Plan and ara zoned B2 (Community Business District). The applicant has submitted a site plan for residential development of the property and the plan is currantly under raview by City staff. In order to develop the plan as proposed, the applicant is raquesting approval of a cemprahensive plan amendment, a razoning to permit rasidential use, a declaration of restrictions in lieu of unity of title to limit density to 45 dwelling units per acra and a Chapter 163 Development Agraement relating to the design 2 and construction of the extension of Miami Gardens Drive through the site and the phasing of development. The Development Agreement and Declaration of Restrictions are attached as Exhibit fl4 and Exhibit #5. At the time of second reading of the comprehensive plan and rezoning ordinances, the applicant will be requesting approval of a vacation of a portion of the NE 28 Court right of way and variances to site development standards of the RMF4 zoning district. Sixty-two (62), three (3) story townhomes and one hundred and thirty-eight (138), thirteen (13) story loft style condominium apartments are planned on the parcel that will lie to the south of the Miami Gardens Drive extension road. Two hundred and five (205) condominium units in a high-rise building ranging from 13 to 18 stories are planned for the north parcel. The applicant feels that the lack of exposure of this property onto Biscayne Boulevard makes successful commemial development unlikely and therefore requests an amendment to the Future Land Use Map to allow residential uses. The property lies approximately 650 feet east of Biscayne Boulevard. The extension of Miami Gardens Ddve and improvements to the existing road from Biscayne Boulevard to NE 28 Court are currently included in the Miami-Dade County Metropolitan Planning Organization, Transportation Improvement Plan (TIP) for design funding in 2004/05 and for construction in 2005/06 and 2006/07. The road currently ends approximately 350 feet east of Biscayne Boulevard. The road is not constructed across the frontage of two development parcels; those being, the Embassy Suites/Gateway Office site and the Aventura Landings site. The project has been awaiting dedication of the road dght of way through the Aventura Landings development site and the County has advised City staff that construction of the road extension outside the Aventura Landings site would be expedited once this dedication was made. In order to develop the site as proposed, the applicant will be required to dedicate land required for the road right of way and design and construct the road at its expense as part of its subdivision improvements. In discussion with Miami-Dade County, the applicant has offered to prepare the road extension design along its entire length, from Biscayne Boulevard to NE 28 Court, so that a consistent design can be approved by the City, County and Florida Department of Transportation to expedite construction by the County of the road extension outside the Aventura Landings site. Although the applicant is required to pay all costs for the road extension within its property limits, the County has agreed that it may apply for reimbursement of the design costs external to its development site. The Development Agreement, proposed for approval as part of the rezoning ordinance, provides that the applicant prepare the design of the extension of Miami Gardens Drive from Biscayne Boulevard to the easterly limit of its site, dedicate the road right of way to the City on the effective date of the agreement and complete construction of the road within its property limit prior to the issuance of the first certificate of occupancy for the project. The applicant will then apply to Miami-Dade County for reimbursement of off-site design costs. Should this reimbursement not be approved by the County, the Development Agreement will be null and void. 3 The proposed Development Agreement vests the site plan for a maximum of five (5) years and provides that all phases of construction must be complete within this time limit. It further proposes that this time limit may be extended in two and one-half (2.5) year increments, provided that the road construction is completed. Staff is recommending a further provision that, prior to any extension request, the applicant has obtained or is in the process of obtaining the development permits listed in Paragraph 3 of the agreement. Any such extensions are subject to approval by the City Commission at a public hearing. If the Development Agreement is voided due to non-payment of external design costs by the County to the applicant, the dedication to the City of the required road right of way through the Aventura Landings site will remain a requirement of development approval by the City. The proposed abandonment of the NE 28 Court right of way to the applicant, to be presented to City Commission concurrent with second reading of the comprehensive plan amendment ordinance, will be conditioned upon dedication of land to the City by the applicant for the extension of Miami Gardens Drive. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office Business and Office Medium High Density Residential Medium High Density Residential Business and Office Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: B2, Community Business District B2, Community Business District RMF4, Multi-Family High Density Residential District U, Utilities District and RMF3, Multi-Family Medium Density Residential District B2, Community Business District Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: vacant, under remediation commercial residential utility station and residential commercial Access - Access to each parcel is from NE 28 Court. Conformity to City Comprehensive Plan - The amendment is consistent with the goals, objectives and policies of the City's Comprehensive Plan. More specifically, the proposal is consistent with the following policies in the Future Land Use, Transportation, Parks and Recreation and Coastal and Conservation elements of the Plan: 4 Future Land Use Element Policy 8.2 Applications to amend the City's Future Land Use Plan map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in particular the extent to which the proposal, if approved, would: 1. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City; Recent population figures provide information that the City is continuing to grow and the median age is growing younger. Demand for housing is therefore increasing. The residential use and mix of different housing types in this development will accommodate projected population growth. 2. Enhance or impede provision of services at adopted LOS Standards; Traffic - The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of traffic services. The extension of Miami Gardens Drive through the site will enhance traffic flow in the southern part of the City. Water- The intensity of a maximum 2.0 FAR of commercial uses as currently permitted is decreased with the proposed amendment. Therefore, provision of services will be enhanced. Sewer- The intensity of a maximum 2.0 FAR of commercial uses as currently permitted is decreased with the proposed amendment. Therefore, provision of services will be enhanced. Mass Transit - A bus transit facility is located at Aventura Mall, approximately .60 mile from the subject properties. The proposed residential development will be required to provide pedestrian linkage to County and City transit services that are safe and convenient to transit users. Parks and Recreation - The City presently exceeds LOS standards for park space. Additionally, the subject properties are within walking distance of both Founder's Park and the City's Community Recreation Facility. Stormwater Drainage - The intensity of a maximum 2.0 FAR of commercial uses as currently permitted is decreased with the proposed amendment. Therefore, provision of services will be enhanced. 5 Solid Waste - The intensity of a maximum 2.0 FAR of commercial uses as currently permitted is decreased with the proposed amendment. Therefore, provision of services will be enhanced. 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods; and The proposed amendment is compatible with abutting and nearby land uses and, not only protects, but is anticipated to enhance the character of the neighborhood. Properties to the east and south are developed as residential uses and this amendment will form a natural transition from business uses to the west to existing residential uses to the east. 4. Enhance or degrade environmental or historical resources, features or systems of significance. The proposed amendment will enhance the environmental systems in that the applicant is remediating an existing contaminated site prior to development, to the benefit of all surrounding land uses. Policy 8.3 The City shall strive to accommodate residential development in suitable locations and densities which reflect such factors as recent trends in location and design of residential units; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. The proposed amendment will accommodate residential development in suitable locations and densities; accommodate projected availability of service and infrastructure capacity; accommodate proximity and accessibility to employment, commercial and cultural centers; accommodate character of existing adjacent or surrounding neighborhoods; accommodate avoidance of natural resource degradation; accommodate maintenance of quality of life and creation of amenities. Policy 10.1 Aventura shall facilitate redevelopment of substandard or underdeveloped areas, high intensity activity centers, mass transit supportive development and mixed use projects to promote energy conservation. The proposed amendment will facilitate redevelopment of an underdeveloped area. Policy 12.1 All proposed Comprehensive Plan amendments that increase density (population) shall be required to submit, at the time of application, an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times as included within the South Florida Regional Hurricane Evacuation Study, April, 1996, or as may be amended from time to time. 6 Policy 12.2 The City shall not approve any Comprehensive Plan amendment that increases density (population) and results in evacuation times exceeding 12 hours. Address Lot Size Increase in Population Overall Increase Density Factor in Population Tract A 3.0910 ac 45 du/ac 1.79 249 Tract B 3.6137 ac 45 du/ac 1.79 291 ' Tract C 1.6623 ac 45 du/ac 1.79 134 NE 28 roadway 0.6518 ac 45 du/ac 1.79 52 Totals 9.02 ac 726 The South Florida Regional Planning Council has prepared an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times using the 1996 South Florida Hurricane Evacuation Study Model. It was determined that the increase of 405 dwelling units resulting from the proposed amendment will increase the clearance time by eight (8) minutes. That additional time increases the present evacuation time of 11.41 hours (11 hours and 24 minutes) to 11.54 hours (11 hours and 32 minutes). Transportation Element Policy 1.5 The City will develop transportation management strategies, such as (but not limited to) traff'lc calming techniques and neighborhood design concepts to improve efficiency and enhance the safety of the pedestrian, bicycles and transit riders within the context of an integrated multi-modal transportation system. The proposed amendment, and associated rezoning and road extension will provide an important transportation link with provision of sidewalks on both sides of the road with pedestrian safety. The proposed residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Policy 4.3 Transit service shall be linked to major trip attractors and generators and the transportation disadvantaged. Transit service shall be located such that they are safe and convenient to transit users. This new residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Policy 4.7 Transit shelters, according to the City's approved design, shall be provided at the time of development by the property owner. Transit shelters, according to the City's approved design, will be provided by the owner at the time of development. 7 Policy 5.1 In co-ordination with the Miami-Dade Metropolitan Planning Organization and the Florida Department of Transportation, rights of way acquisition timetables and protection mechanisms will be established for the easterly extension of Miami Gardens Ddve and the realignment of NE 29 Avenue. As part of the Development Agreement for this site, the owner has agreed to prepare the design for the extension of Miami Gardens Drive from Biscayne Boulevard to NE 28 Court, dedicate a 70' right of way to the City through its site and construct the road prior to issuance of any certificate of occupancy for the project by the City. Completion of this road extension will further the implementation of this Plan Policy and provide a new hurricane evacuation route as depicted on Map 2-7 in the Transportation Element. Parks and Recreation Element Policy 4.1 The City adopts a level of service requiring 2. 75 acres of net useable park land per 1,000 residents, implemented by the concurrency management system. The estimated current population for the City of Aventura is 27,000. 405 additional dwelling units results in a population increase of 726 people as shown in the table above. The amount of park and recreation land required by this park standard is 76.24 acres. The existing available park and recreation land, using the calculations provided in the Level of Service Standards, is 106 acres. Therefore, no deficiency exists nor will be proposed amendment create a deficiency in this standard. Conservation and Coastal Management Element Policy 9.2 The City shall maintain the adopted levels of service on the local roadways based on the future land use plan to achieve a reasonable evacuation time. The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of transportation (traffic) services, thereby maintaining the adopted levels of service on local roadways to achieve a reasonable evacuation time. The road extension through the site completes a part of a new link in the evacuation route. Urban Design Element Policy 1.7 The location of parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments shall be co-ordinated to provide maximum user safety, while improving the comprehensive aesthetic appearance of Aventura. 8 The applicant will be required, through the site plan review process, to locate parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments to maximize user safety and improve the aesthetics of the City. Traffic Generation - The applicant's traffic engineers have prepared traffic generation information relative to existing permitted land uses and the proposed amendment. Applications Area Land Use Category PM Peak Hour Driveway Trips Existing Land Use Business & Office 1,311 Designation (all office use) Business & Office 1,073 (all retail use) Business & Office 1,973 (office, hotel, retail uses) Proposed Land Use Medium High Density 185 Designation Residential As can be seen from the table above, the proposed residential land use designation will have significantly less impact on the City's road network as compared to the existing business and office land use designation. School Impacts - The application has been provided for comment to the Miami Dade County School Board in accordance with the Interlocal Agreement entered into between the City and the Board in February of 2003. The Interlocal Agreement provides that the School Board must first advise what options it has identified to meet the anticipated demand and, then, if the affected schools are at more than 115% capacity, the School Board will ask the applicant and the City to meet with it in a collaboration meeting to discuss additional options to relieve overcrowding. This is the first development for which the City was required to follow this process. The School Board's letter of April 7, 2003 is attached as Exhibit #6. It notes that the public elementary, middle and high schools affected by this development are currently operating at 184%, 171% and 145% respectively of FISH capacity and that the proposed development will increase those capacities to 202%, 174% and 147% respectively. It identifies three school construction projects that may serve all or a portion of this area, however, school boundaries have not yet been established and the Board gives no assurances that the new projects will help to alleviate the impacts of this development. It has also provided a list of approved charter schools within the County that may provide capacity relief but does not count any of that capacity towards satisfying the impacts of the development. The Board's recommendation is that the applicant, the City and the School Board meet to discuss options and alternatives. This is the action specified in the Interlocal Agreement and the applicant is willing to enter into such discussion, however, the Agreement also provides that the School Board first advise what options it has identified to meet the anticipated demand. City staff has asked the School Board staff to further specify its options. No response has been received to date. Without knowing what is needed to satisfy the overcrowding situation, it is hard to see how collaboration can be effective. Upon presentation of the ordinance for second reading, staff will advise of the options identified by the School Board and/or the outcome of a collaboration meeting. The proposed residential uses on this site will more compatibly support the new Aventura Charter Elementary School versus the commercial uses presently allowed. Conformity to City Land Development Regulations - The proposed amendment will facilitate a proposed rezoning from B2, Community Business District to RMF4, Multi-Family High Density Residential District. Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. 10 BE. RCOW & RADF_.LL DIRECT LINE: (305) 377-6220 E-Mail: Jbercow@BRZoningLaw.com VIA FACSIMILE & HAND DELIVERY June 6, 2003 Ms. Joanne Carr, Director Community Development Department City of Aventura 19200 West Country Club Drive Aventura, FL 33180 EXHIBIT #1 01-CPA-03 Re: Aventura Landings (01-SP-03) Dear Ms. Carr: This law firm represents MERCO Group at Aventura Landings I, II, III, Inc. ("Applicant") with respect to the property identified in the survey included in our March 14, 2003 letter of intent as Exhibit A ("the Property"). This letter constitutes a supplemental letter of intent to Applicant's multiple requests for an amendment of the City's Comprehensive Plan land use designation of the Property from Business and Office to Medium High Density Residential, a rezoning of the Multi-Family High Density Residential District (RMF4), a vacation of a portion of NE 28~a Court, approval of a proposed Chapter 163 Development Agreement, and associated variances (collectively, the "Application"), in order to develop a mix of residential uses on the Property in accordance with a site plan that has been submitted to your offices. This letter is a supplement to our April 24, 2003 letter of intent. The Project. The Applicant previously has submitted a survey showing a site that is 8.73 acres in size. We have now added an "outparcel' to the Property immediately to the west and north of the townhouse parcel (Tract B). This outparcel is 12,381 square feet in size, and increases the total size of the Property to 9.02 acres. By adding the out-parcel to the Property, the outparcel will now be included in the Application, including specifically Applicant's requests for an amendment to the City's Comprehensive Plan land use designation, and rezoning. The Applicant's architects have submitted a revised site plan dated June 6, 2003 to your offices under separate cover, along with a revised survey for the Property that includes the outparcel. Ms, J0anne Carr June 6, 2003 Page 2 The Applicant will proffer a Declaration of Restrictions in Lieu of Unity of Title that will ensure that the Property is considered one parcel for zoning purposes and that limits the density of the Property to 45 dwelling units to the acre. A copy of this proffered Declaration is enclosed with this letter. The Applicant will provide to staff and the City Attorney's office a fully executed Declaration with all appropriate joinders prior to second reading of the ordinances adopting and approving the land use amendment and rezoning. Variances. In addition to the variances described and requested in the Applicant's April 24, 2003 amended letter of intent, the Applicant is requesting the following variance from the City of Aventura Land Development Regulations. Parking Spaces. The Applicant is requesting a variance of Section 31-171(b)(2)b of the City of Aventura Code in order to permit two enclosed parking spaces in a garage for each townhome. This variance is necessary in order to provide luxury style townhomes in a visually pleasing urban environment. If staff and the City Commission deem it appropriate, Applicant would be willing to record a suitable declaration of restrictions that would prevent townhome owners from converting garage area into habitable space. As we stated in our April 24, 2003 amended letter of intent, approval of the Application as amended would not be detrimental to the public welfare or injurious to other property since the proposed project will be compatible with the surrounding area. For all of the foregoing reasons, we request your favorable review and recommendation with respect to the Application. CC: Mr. Homero Meruelo Mr. Jesus Velez Jorge Mouriz, AIA Ed Llorca, AIA Omar Annenteros, P.S.M. Manuel Echezarreta, P.E. Henry Fandrei, P.E. I F--RCOW RADF_.LL DZRECT LZNE: (305) 377-6220 E-Mail: 3bercow@BRZoningLaw.com VIA HAND DELIVERY April 24, 2003 Ms. Joanne Carr, Director Community Development Department City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re: Aventura Landings (01-SP-03) ~?~ ~/ad- [ Dear Ms. Carr: This law firm represents MERCO Group at Aventura Landings I, II, III, Inc. ("Applicant") with respect to the property identified in the survey included in our March 14, 2003 letter of intent as Exhibit A ("the Property"). This letter constitutes a second amended and supplemental letter of intent requesting an amendment of the City's Comprehensive Plan land use designation of the Property from Business and Office to Medium High Density Residential, a rezoning of the Multi-Family High Density Residential District (RMF4), a vacation of a portion of NE 28m Court, approval of a proposed Chapter 163 Development Agreement, and associated variances (collectively, the "Application"), in order to develop a mix of residential uses on the Property in accordance with a site plan that has been submitted to your offices. This letter supersedes our March 14, 2003 letter of intent. The Project. As indicated by the survey enclosed as Exhibit A to our March 14, 2003 letter of intent, the Property is 8.73 acres in size and is located at the intersection of NE 28th Court and NE 185ea Street. The Applicant's architects have submitted a revised site plan dated April 23, 2003 to your offices under separate cover. Ms. Joanne Cart April 24, 2003 Page 2 The Property consists of three separate parcels: Tract A, north of future NE 185t~ Street and west of NE 28a, Court; Tract B, located south of future NE 185th Street and west of existing NE 28th Court; and Tract C, located on the south side of existing NE 185~ Street and the east side of existing NE 28a~ Court. The site plan for Tract B provides for 62 new urbanism traditional neighborhood Mediterranean-style townhomes ranging from between 1,588 square feet and 1,695 square feet, and features two car garages in private drives throughout the development. On Tract A the Applicant is proposing a condominium development with 200 units ranging in size from between 900 square feet and 1,310 square feet. The proposed building features an attractive Mediterranean style base that is compatible with the townhomes across NE 185th Street, and a mid-rise, contemporary style tower that is compatible with the rhythm and fabric of other similarly sized structures in the immediate vicinity and throughout the City of Aventura. The roof of the parking structure will be fully landscaped and will feature a pool with a deck and recreational facilities. On Tract C, the Applicant is proposing to develop an 11 to 13 story condominium building featuring 138 loft-style units with 16'8 feet high ceilings and ranging from 1120 square feet to 1430 square feet in size. This building will provide an appropriate land use and buffer from the FPL substation immediately east of Tract C, and will be further separated from the townhomes on Tract B by a proposed private roadway to be located in the right-of-way of existing NE 28th Court. The Applicant will proffer a Declaration of Restrictions in Lieu of Unity of Title that will ensure that the Property is considered one parcel for zoning purposes and that limits the density of the Property to 46 dwelling units to the acre. A copy of this proffered Declaration is enclosed with this letter. The Applicant will provide to staff and the City Attorney's office a fully executed Declaration with all appropriate joinders prior to second reading of the ordinances adopting and approving the land use amendment and rezoning. Variances. The Applicant is requesting the following variances from the City of Aventura Land Development Regulations. 1. Townhome Setbacks. A variance is requested in order to allow the proposed town,homes to have varying setbacks. The front setback for most of the townhomes will be approximately 21'6", however, Lot 25 will have a 19'9" front setback. A minimum 25 foot front setback and 25 foot rear setback is BERCOW & I ELL Ms. Joanne Carr April 24, 2003 Page3 required under Section 31-143 of the Aventura Code for townhomes. The rear setbacks will range between 17 and 36 feet; however, several lots will require a variance in order to allow a 16'4" rear setback. Similarly, a variance of the side street setback is required for Lot 57 to permit an 18'8" setback where a 20 foot setback is required. It should be noted that if these townhomes were to be developed under the RMF3B zoning regulations, the minimum front and rear setbacks would be 15 feet and all lots would comply. 2. Shadow Study. Applicant requests a variance to waive the requirement that a shadow study be provided. The purpose of the shadow study is to prevent shadowing adjacent residential properties. Since the property to the north of Tract A is a commercial use (shopping center), there is no need to provide a shadow study for Applicant's proposed project. Crhe shadow study included in the Site Plan for Tract A at page A-6 has been included for reference only.) A shadow study has been provided for Tract C (see page C-8 of the Site Plan). 3. Driveway Separation. Applicant is requesting a variance of Section 31-172(c) of the City Code relating to the minimum distance between driveways. This variance is required for Tract A, and is justified due to the irregular shape of the parcel that will be created after Applicant's dedication and construction of NE 185m Street. As a result of the irregular size of this parcel, it is physically impossible to incorporate the necessary driveways in this site with the code-mandated 150 foot separations. This condition is further exacerbated by (a) the proximity of the existing driveway for the shopping center to the north, which is located within 25 feet of Tract A, and (b) the proposed eastern driveway for the Embassy Suites Hotel located immediately to the west. The proposed eastemrnost Embassy Suites driveway will be locat~t approximately 95 feet from Applicant's proposed condominium garage driveway. As a result of the irregular shape of Tract A, its proximity to the shopping center driveway to the north and the Embassy Suites Hotel to the west, Applicant is requesting variances of the required 150 foot landscape frontage separation between driveways. In order to mitigate concerns raised by City staff, the porte cochere on NE 28m Court will be limited to in use to the residents of the 26 units in the easternmost portion of the building located on Tract A, as well as their guests and other visitors. Applicant has asked its transportation engineer, Transport Analysis Professionals, to review the proposed driveway spacing for the Aventura B~-I~'COW & PO~)~I I Ms. Joarme Cart April 24, 2003 Page 4 Landings project. A copy of TAP's analysis of the driveway separation will be provided under separate cover. 4. Lot Size. The minimum lot size for townhouses being developed pursuant to the RMF3A zoning regulations, as permitted by the RMF4 zoning provisions, is 1,600 square feet. All of the exterior lots proposed for Tract B meet or far exceed this requirement. However, fifteen of the interior lots, or less than one-quarter of the total number of townhomes, will require a variance of the minimum lot size. However, if these townhomes were to be developed under the RMF3B zoning regulations, the minimum lot size would be a 20 foot width by a 60 foot depth, or 1,200 square feet. All of the proposed 62 townhome lots far exceed this requirement. Moreover, the average lot size for all 62 townhome lots is 2,221.85 feet (See Table on Sheet SP-la of Site Plan). This variance is necessary in order to provide luxury-style townhomes, instead of another high-rise tower, in a visually pleasing urban environment. 5. Garage Side Setback - Tract C. The minimum side setback in the RMF4 zoning district is 25 feet. Although the proposed structure located on Tract A complies with this and all other applicable setbacks, the parking garage located on Tract C has a ten foot setback on the east side of the Property. It is important to note that Tract C is bordered on the east by the FPL substation, and that only the parking garage component of the loft building to be constructed on Tract C encroaches within the required setback area. The main building, by contrast is setback 110'8" from the east property line and 135 feet from the front property line. This setback variance is necessary in order to mitigate the visual and other impacts of the FPL substation upon the views of the future residents of Tract C. Applicant presently is negotiating for a license agreement with FPL in order to relocate FPL's existing fence 20 feet to the east, and to provide enhanced landscaping on the west 20 feet of the FPL property. As a result, Applicant will be creating a 30 foot wide landscape buffer area on the property line separating Tract C from the FPL property, with a ten foot strip of landscaping being planted within Applicant's east side setback area and the remainder of the thirty foot buffer area being planted on FPL's property. We believe such action substantially mitigates any impact of this setback variance. Hardship. Section 31-76(e) of the Code requires that the Applicant demonstrate that there is a hardship justifying the variance requests. The Aventura Landings project is well within the maximum allowable density in the proposed land use designation and zoning district. However, the Aventura BERCOW & I~DEL.I_ Ms. J0anne Carr April 24, 2003 Page 5 Land Development Regulations do not address or anticipate Applicant's proposed new urbanism traditional neighborhood townhome design. In addition, the proposed extension of future NE 185th Street (Miami Gardens Drive extension) as shown on the proposed plan, results in two irregularly shaped parcels. The roadway alignment is necessary in order to allow for the connection of NE 185~h Street (See discussion below regarding the proposed Chapter 163 Development Agreement), a critically required transportation link for the City of Aventura. Accordingly, as a result of the foregoing, the conditions upon which the requests for variances are based are unique to the Property and are justified. In addition, the Property is the former site of the Binnings Window Factory; it has been listed in the Miami-Dade County Department of Environmental Resources Management as a contaminated site. When Applicant acquired the Property in November of 2000, Applicant immediately began working with DERM's Pollution Remediation Section to develop a plan to remediate the contamination on this site. Accordingly, the Applicant has spent over 18 months on environmental remediation which is required prior to commencing the development process. As part of the environmental remediation associated with the redevelopment, the Applicant has spent approximately $2,000,000 in the remediation process. Of these total sums, approximately $1,500,000 has been spent for the actual hard costs of the environmental remediation with the remaining amounts constituting soft costs and carrying costs. At or prior to hearing, we will submit an exhibit that details these expenses. All of the foregoing circumstances are clearly unique to the Property, and together combine to impose a particular hardship upon the Applicant, if the requirements of the City's land development regulations were to be literally applied. The ongoing environmental remediation of the Property, the Applicant's agreement to provide for the extension of Miami Gardens Drive (NE 185m St.) within the Property and stage its project accordingly, the irregular and somewhat awkward parcelization resulting from the dedication of NE 185m Street, as well as the unique design of the townhomes located on Tract B, all constitute significant and overwhelming obstacles to development of the Applicant's plan that collectively constitute a hardship. Chapter 163 Development Agreement The planned future eastward extension of Miami Gardens Drive through the Property is identified in the City's Comprehensive Plan as a critically important future transportation improvement. In its discussions with the City administration, Applicant has BERCOW & RADE~_ Ms. J0anne Carr April 24, 2003 Page 6 made clear its intentions to pay for the design of this improvement, and to dedicate and construct this much needed roadway improvement within the Property, in order to make it available and open to traffic well in advance of the planned 2005-2007 construction dates identified in the Metropolitan Planning Organization's Transportation Improvement Program. See Exhibit D to March 14, 2003 letter of intent. Applicant submitted as Exhibit E to its March 14, 2003 letter of intent a revised draft of a proposed Chapter 163 Development Agreement between Applicant and the City that (a) requires Owner to design this proposed roadway improvement, (b) ties application for building permits for Applicant's residential project to Applicant's application for approval of the plans for the roadway improvement, and (c) prohibits occupancy of the project until construction of the roadway within the Property is completed. Redesignation. Lack of exposure to the Biscayne Boulevard commercial corridor makes a successful commercial development on the Property unlikely. Accordingly, the Property's current Business and Office designation is inappropriate. Approval of the Applicant's request to redesignate the Property from Business and Office to Medium High Density Residential is appropriate since the adjacent lands to the east and south are also designated Medium High Density Residential and the project would serve as a good transition to the more commercial areas to the east. Furthermore, the approval of the Application would further the implementation of Objective 5 of the Comprehensive Plan's Transportation Element as the Applicant has conceptually agreed to complete the eastern extension of NE 185· Street to Biscayne Boulevard as identified by Map 2-5: City of Aventura Future Functional Classification & Number of Lanes - 2015 and Map 2-6: City of Aventura Future Traffic Volume and Level of Service - 2015. More important, the completion of the NE 185t~ Street extension would create a new Hurricane evacuation route for residents as required by Map 2-7: City of Aventura Future Hurricane Evacuation Routes - 2015. Rezoning. The Applicant is also requesting a rezoning of the Property to RMF4 in order to allow the development of the proposed mixed-use project at a density not to exceed 46 dwelling units to the acre. The proposed rezoning is consistent with the proposed Medium High Density Residential land use designation and will be compatible with residential properties to the south and east that are zoned either RMF4 or RMF3. The Applicant will proffer a Covenant in Lieu of Unity of Title that will limit density on the Property to no more than 46 dwelling units per gross acre, which is considerably below the 60 units per acre maximum density permitted in the RMF4 district. B RCOW & Ms, Joanne Carr April 24, 2003 Page 7 Road Vacation. The Applicant is also requesting that a portion of NE 28~h Court be vacated in order to develop in accordance with the proposed plan. The proposed closure will result in a public benefit as currently NE 28· Court does not provide traffic connections since it "dead ends" into the Property, and the Applicant will be providing the new right-of-way for the NE 1854 Street extension. However, as noted on the Site Plan, this roadway will remain a private drive in order to provide ingress and egress to the future residents of Tracts B and C. Miscellaneous. Applicant's transportation engineer, Transport Analysis Professionals, has submitted under separate cover a traffic study showing compliance with all City requirements. Prior to City Commission hearing we will provide the required mailing labels for mailed notice to surrounding property owners. We submittecl as Exhibit F to our March 14, 2003 letter of intent the requested and required executed and notarized Corporation Affidavit for each application together with a Disclosure of Interest. Compliance with City of Aventura Comprehensive Plan. The Application is consistent with Policy 1.1 entitled Medium-High Density category as the total dwelling units per gross acre do not exceed sixty (60) dwelling units. Policy 5.1. After having submitted the site plan for review through the Design Review Committee process the site plan has been revised in order to ensure that the proposed uses and structures are compatible with all proximate land uses. Factors such as noise, lighting, shadows, glare, vibration, odor, run- off, access, traffic, parking, heights, bulk, scale of architecture elements, landscaping, buffering and safety have all been addressed, as applicable. Policy 4.7. The Applicant will comply with all transit shelter requirements, as necessary, at the time of development. Policy 9.2 Coastal Management Element According to information provided by the Community Development Depathnent, the average occupancy for each multi-family residential unit in Aventura is 1.79 persons per unit. For each 117 persons, it takes an additional two minutes to evacuate. The comprehensive plan cap on evacuation is 12 hours and the City is at approximately 11.4 hours evacuation time. Based on the number of additional units provided by the proposed development, the approval of the application will not generate impacts that would exceed the 12-hour maximum. BERCOW & RAD~U.. Ms. Joanne Carr April 24, 2003 Page 8 Policy 1.7 Urban Design Element. After having addressed various issues raised through the Design Review Committee process, the site plan complies with Policy 1.7. The location of parking, curb cuts, walkways and landscape treatment has been designed to ensure maximum user safety. Levels of Service. The proposed development will not exceed any current level of service standard as set forth in Section 31-239 of the City's Land Development Regulations. The Applicant has previously submitted letters from the appropriate agencies indicating that there is currently service available to the Property. In addition, the Applicant's traffic report will demonstrate that the approval of the Application will not result in the affected roadways falling below acceptable service levels. In summary, approval of the Application would not be detrimental to the public welfare or injurious to other property since the proposed project will be compatible with the surrounding area. For all of the foregoing reasons, we request your favorable review and recommendation with respect to the Application. CC.' Mr. Homero Merueto Mr. Jesus Velez Jorge Mouriz, AIA Ed Llorca, AIA Omar Armenteros, P.S.M. Manuel Echezarreta, P.E. Henry Fandrei, P.E. BF_.RCOW & RADF_LL BROWARD COUNTY I)ADE. COUNTY IVES DAIRY RD. Park CIRCLE Hospital Center Shoppes 207 ST. ~ Turnberry Isle ~ 7 ~ Resort&Club ~' Rescue Aventura Station Aventura Mall MIAMI GARDENS DR. Maule of Aventura 192 ST. ~ 192 ST. ...'/ l, land 1~ ST. D~o~ing ~tt ~ ~r~ ~ j ~ ,/,~~: / ~ ~~" : - O / I ...... c~ ........"" ~ EXHIBIT #3 01-CPA-03 MARCH 14, 2003 DRAFT DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is made and entered into as of the day of ,2003 by and between the City of Aventura, Florida a municipal corporation, ("City") and MERCO GROUP AT AVENTURA LANDINGS I, INC., MERCO GROUP AT AVENTURA LANDINGS II, INC. AND MERCO GROUP AT AVENTURA LANDINGS III, INC. (collectively "Owner"). RECITALS: WHEREAS, the Owner owns the property, consisting of approximately 9.02 gross acres of land (the "Property"), the legal description of which is attached hereto as Exhibit A; and WHEREAS, the Owner has proposed in the Application to develop the Property with the planned uses (the "Project") described in Exhibit B attached hereto; and WHEREAS, the Owner has filed applications for development approvals relating to the Property, including an application to amend the City of Aventura Comprehensive Plan, an application for rezoning, an application for site plan approval, an application for various variances required to develop the Project, and an application to close a portion of NE 28th Court (the "Applications"), with the City's Community Development Depat hnent; and WHEREAS, pursuant to the applicable City of Aventura Code provisions, the site plan for the property has undergone review by the City Staff; and WHEREAS, Owner has agreed to provide the design necessary public facility, NE 185~a Street extension, as well as dedicate needed right-of-way for N.E. 185~h Street and construct such roadway within the Property, which will satisfy the needs of the Project and remedy an existing deficiency, which actions will also provide a significant enhancement to the quality and utility of other area roadways; and WHEREAS, this Agreement is intended to and shall constitute a Development Agreement among the parties pursuant to the Florida Local EXHIBIT #4 01-CPA-03 Government Development Agreement Act Sections 163.3220-163.3243, Florida Statutes (the "Act"); and WHEREAS, the City of Aventura City Commission has considered this Agreement at public hearings held on July 1, 2003 and September 2, 2003, and has determined that the Project and this Agreement are consistent with the City's Comprehensive Plan and the land development regulations the City has promulgated pursuant thereto; and WHEREAS, City has determined that it is in the public interest to address the issues covered by this Agreement in a comprehensive manner in compliance with all applicable laws, ordinances, plans, rules and regulations of the City, while allowing the Owner to proceed with the development of the Project in accordance with existing laws and policies, subject to the terms hereof, and the City has agreed to enter into this Agreement with the Owner. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Recitations. The foregoing recitations are true and correct and are incorporated herein by reference. 2. The Project. A description of the Project, including population densities, and building intensities, is attached to this Agreement as Exhibit B. 3. Applications for Development Approvals. Promptly following the effective date of this Agreement, the Owner will initiate and diligently pursue all applications for development permits (as defined by Section 380.031(4), Florida Statutes), which were not previously obtained. A list of all local development permits required to be approved for the development of the Property is attached hereto as Exhibit C. City shall process all development permit applications in a timely fashion and the City shall cooperate with the Owner (at no cost to the City) in processing all necessary development permit applications with Federal, County and State agencies as needed. 4. Funding for Public Facilities. (a) Owner agrees to dedicate to the City on the effective date of this Agreement the required road right-of-way for NE 185~h Street, as it bisects the Property, in accordance with design plans for such roadway improvements to be prepared by Owner and approved by the City, Miami-Dade County, and the Florida Department of Transportation (FDOT), for construction of "Miami Gardens Drive Connection" (TIP project number 671363) as a new 4 lane facility from Biscayne Boulevard (US1) to NE 28th Court (the "185 St. Plans"). (b) Owner agrees to prepare the 185 St. Hans, and apply for approval of same from the City prior to applying for approval of the first building permit within the Project. City agrees to cooperate in its review of the 185 St. Plans and to provide expeditious review of such plans. Upon its approval of the 185 St. Plans, City shall prepare and submit all necessary applications to County, FDOT and other agencies for approval of such plans, and shall expeditiously process such applications to obtain necessary approvals. (c) After Owner has completed and City has obtained approval for the 185 St. Plans, Owner shall construct NE 185 St. within the Property and in accordance with the 185 St. Plans. Prior to issuance of the first certificate of occupancy for certificate of use and occupancy for the Project, construction of the portion of NE 185 St. within the Property shall be complete, certified and accepted by the City as acceptable. 5. Contribution-In-Lieu-Of-Fee Approval. Owner's commitment to pay for the preparation of the 185 St. Plans as set forth in paragraph 4 above, is expressly subject to approval of such payment as a roadway improvement contribution-in-lieu-of-fee, pursuant to Section 33E-10 of the Miami-Dade County Code Section IX of the Metro-Dade Road Impact Fee Manual. Owner acknowledges that only the offsite portion of such payment may receive contribution-in-lieu-of-fee approval, and Owner shall be required to apply for approval of such roadway improvement contributions-in-lieu-of-fee pursuant to the applicable provisions of the Code and Metro-Dade Road Impact Fee Manual, and City agrees to provide all necessary support for such application. Fa'flure to receive an approval for such contribution-in-lieu-of-fee shall render the Agreement null and void. 6. Adequate Public Facilities. Pursuant to Section 31-239 of the City Code, the City has made affirmative concurrency findings that all of the public services and facilities necessary to serve the Project meet or exceed the established LOS standards. Furthermore, the City agrees that during the term of this Agreement, it shall provide and reserve concurrency-related public facility capacity for the Project. 7. Laws Governing this Agreement. The City's laws and policies governing the development of the Project and the Property at the time of the execution of this Agreement (including, but not limited to the City's concurrency management program as set forth in Section 31-239 of the City Code) shall govern the development of the Project and the Property for the duration of this Agreement. The City may apply subsequently adopted laws and policies to the Project only as otherwise permitted or required by the Act. 8. Consistency with the Comprehensive Plan. The City has adopted and implemented the Comprehensive Plan. The City hereby finds and declares that the provisions of this Agreement dealing the Property are consistent with the Comprehensive Plan and its adopted land development regulations. 9. Public Facilities and Concurrency. Owner and City anticipate that the Project will be served by those roadway transportation facilities currently in existence as provided by State, County and City roadways. It is also anticipated that the Project will be served by the public transportation facilities currently in existence, including those provided by Miami-Dade County, and other governmental entities as may presently operate public transportation services within the area. Sanitary sewer, solid waste, drainage and portable water services for the Project are expected to be those services currently in existence and owned and operated by the Miami-Dade County Water and Sewer Authority Department. The Project will also be serviced by any and all public facilities, as such are defined in Section 163.3221(12), Florida Statutes (2002), and as such are described in the Comprehensive Plan, specifically including, but not limited to, those facilities described in the Comprehensive Plan's Transportation, Infrastructure, and Capital Improvements Elements. A full listing of all such public facilities is set forth on Exhibit D attached hereto. 10. Recording of the Development Agreement. Within fourteen (14) days after the City executes this Agreement, the City shall record this Agreement with the Clerk of the Circuit Court of Miami-Dade County. The Owner shall submit a copy of the recorded Agreement to the State of Florida, Department of Community Affairs (DCA) within fourteen (14) days after this Agreement is recorded. This Agreement shall become effective only after (a) it has been recorded in the public records of Miami-Dade County, and Co) thirty (30) days have elapsed after DCA's receipt of a copy of the recorded Agreement. The Owner agrees that it shall be responsible for all recording fees and other related fees and costs related to the recording and delivery of this Agreement as described in this section. The provisions hereof shall remain in full force and effect during the term hereof, and, subject to the conditions of this Agreement, shall be binding upon the undersigned, and all successors in interest to the parties to this Agreement. Whenever an extension of any deadline is permitted or provided for under the terms of this Agreement, at the request of the either party, the other party shall join in a short-form recordable memorandum confirming such extension to be recorded in the public records of Miami-Dade County. 11. Term of Agreement. (a) This Agreement shall terminate on the date which is five (5) years from the effective date hereof. (b) In addition to the foregoing, the term of this Agreement may be extended by mutual agreement of the City and Owner in 2.5 year increments for up to an additional five (5) years from the effective date, subject to public hearing in accordance with §163.3225, Florida Statutes. City approval shall not unreasonably withheld provided that the City finds that the Owner has complied with the obligations applicable to Owner in Paragraph 4 above. No notice of termination shall be required by either party upon the expiration of this Agreement and thereafter the parties hereto shall have no further obligations under this Agreement. 12. Time for Completion. Owner shall commence development of the Project after the effective date of this Agreement, as set forth in paragraph 11, above. All permitting, infrastructure improvements and land development shall be completed prior to the termination of the Agreement. City acknowledges and agrees that all public facilities and services that are required to service the Project will be available concurrent with the Project's impacts during the term of this Agreement, and that Owner shall be permitted to complete the Project, as set forth in this Agreement, prior to the Agreement's termination date. 13. Default and Remedies. (a) In the event that Owner defaults under any of its obligations set forth in paragraphs 4 and 5 above, City is authorized to withhold issuance of any development orders and development permits until Owner has complied with the terms of this Agreement. Co) In the event of default by either party under this Agreement, the other party shall be entitled to all remedies at law or in equity. 14. Other Approvals. The parties hereto recognize and agree that certain provisions of this Agreement require the City and/or its boards, departments or agencies, acting in their governmental capacity, to consider governmental actions, as set forth in this Agreement. Ail such considerations and actions shall be undertaken in an accordance with established requirements of state statutes and county ordinances, in the exercise of the City's jurisdiction under the police power. 15. No Permit. This Agreement is not and shall not be construed as a development permit, or authorization to commence development, nor shall it relieve Owner of the obligations to obtain necessary development permits that are required under applicable law and under and pursuant to the terms of this Agreement. 16. Good Faith; Further Assurances; No Cost. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of, and to satisfy their obligations under, this Agreement in order to secure to themselves the mutual benefits created under this Agreement; and, in that regard, the parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement; provided, that the foregoing shall in no way be deemed to inhibit, restrict or require the exercise of the City police power or actions of the City when acting in a quasi- judicial capacity. Wherever in this Agreement a provision requires cooperation, good faith or similar effort to be undertaken at no cost to a party, the concept of no cost shall not be deemed to include any cost of review (whether legal or otherwise), attendance at meetings, hearings or proceedings and comment and/or execution of documents, all such costs to be borne by the party receiving a request to so cooperate, act in good faith or so forth. 17. Omissions. The parties hereto recognize and agree that the failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Owner of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction notwithstanding any such omission. 18. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to the City at: City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 With a copy to: City Attorney City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 If to Owner at: MERCO Group Inc. 5101 Collins Avenue Miami Beach, Florida 33140 With a copy to: Jeffrey Bercow, Esq. Bercow & Radell, P.A. 200 S. Biscayne Boulevard Suite 850 Miami, Florida 33131 Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given three (3) days after deposit in the U.S. mails. The terms of this Section 21 shall survive the termination of this Agreement. 19. Construction. (a) This Agreement shall be construed and governed in accordance with the laws of the State of Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. (b) In construing this Agreement, the use of any gender shall include every other and all genders, and captions and section and paragraph headings shall be disregarded. (c) All of the exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. 20. Severabili_ty. In the event any term or provision of this Agreement be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 21. Litigation. In the event of any litigation between the parties under this Agreement for a breach hereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial an appellate levels. The terms of this paragraph shall survive the termination of this Agreement. 22. Time of Essence. Time shall be of the essence for each and every provision hereof. 23. Entire Agreement. This Agreement, together with the documents referenced herein, constitute the entire agreement and understanding among the parties with respect to the subject matter hereof, and there are no other agreements, representations or warranties other than as set forth herein. This Agreement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought and subject to the requirements for the amendment of development agreements in the Act. 24. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform, excluding the financial inability of such party to perform and excluding delays resulting from appeals or rehearings commenced by the Owner (any such causes or events to be referred to herein as a "Force Majeure"), shall excuse the performance by such party for a period equal to any such period of prevention, delay or stoppage. Signed, sealed, executed and acknowledged this day of WITNESSES: MERCO GROUP LANDINGS I, INC. ,2003. AT AVENTURA Print Name: Print Name: By: Print Name: Title: Print Name: Print Name: MERCO GROUP AT AVENTURA LANDINGS II, INC. By:. Print Name: Title: WITNESSES: Print Name: Print Name: MERCO GROUP AT AVENTURA LANDINGS III, INC. By: Print Name: Title: Attest: CITY OF AVENTURA, FLORIDA By.' Theresa Soroka, Clerk Eric Soroka, City Manager EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY [INSERT LEGAL DESCRIPTION FOR AVENTURA LANDINGS PROPERTY] EXHIBIT B PROJECT LAND USES, DENSITIES AND INTENSITIES The Project includes the following described development, permitted on the Property as described in Exhibit A attached to the Agreement. Town_home Parcel. (South of Proposed NE 185th Street and west of current NE 28~h Court). This parcel is 4.482 acres gross, and 4.07 acres net. Proposed development of this parcel is for 62 townhomes under the RMF4 and RMF3A zoning district regulations. Proposed maximum height is 3 stories or 35 feet. Condominium Parcel. (North of Proposed NE 185th Street and west of NE 28~ Court). This parcel is 2.30 acres gross, and 1.89 acres net. Proposed development of this parcel is for 205 condominium units under the RMF4 zoning district regulations. Proposed maximum roof height is 18 stories or 186' - 6". Lofts Parcel. (South of NE 185th Street and east of current NE 28· Court). This parcel is 1.952 acres in size. Proposed development of this parcel is for 138 loft-style apartment units under the RMF4 zoning district regulations. Proposed maximum height is 13 stories or 206' 10'. Outparcel. (South side of NE 185th Street, on northwest side of Townhome Parcel). The out-parcel is .284 acres in size. No residential or other habitable development area is proposed for this parcel. Subject to approval by the City Commission, the Owner may install landscaping, a water feature, or other decorative elements on this parcel. EXHIBIT C LIST OF REQUIRED DEVELOPMENT PERMITS Department of Environmental Resource Management Permits Miami-Dade County Public Works Depathnent Permits Miami-Dade Water and Sewer Authority Depa~iaitent Approval and permits South Florida Water Management District Permit (Storm Water Management) Full Building Permits, covering Foundation Electrical Plumbing Mechanical and Cooling Towers Elevator Fire/Life Safety Systems Roofing Glazing (Windows and Doors) Stair and Balcony Railings Signs Certificates of Use and Occupancy Such other permits as may be required by Federal, State and local law. EXHIBIT D PUBLIC FACILITIES The Project will be serviced by those roadway transportation facilities currently in existence as provided by State, County and local roadways. The Project will also be serviced by public transportation facilities currently in existence, as provided by Miami-Dade County, the Florida Department of Transportation, and such other goverrtmental entities as may presently operate public transportation services within the area of the Project. Sanitary sewer, solid waste, drainage, and potable water services for the Project shall be those services currently in existence and owned or operated by Miami-Dade County, and/or the Miami-Dade County Water and Sewer Authority Department. The Project shall be serviced by those existing educational facilities owned or operated by the Miami-Dade Public Schools District, and shall be serviced by those existing parks and recreational facilities located in Aventura owned or operated by the United States Government, by the State of Florida, by Miami- Dade County, and by the City. The Project will also be serviced by any and all public facilities, as such are defined in Section 163.3221(12) of the Act, that are described in the City's Comprehensive Plan specifically including but not limited to those facilities described in the Comprehensive Plan's Transportation, Infrastructure, and Capital Improvements Elements. A copy of the Comprehensive Plan is available for public inspection in the offices of the City's Community Development Department. This instrument was prepared by: Name: Jeffrey Bercow Address: Bercow & Radell, P.A. 200 South Biscayne Blvd., Suite 850 Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIONS IN LIEU OF UNITY OF TITLE (Residential) KNOW ALL BY THESE PRESEi~ITS that the undersigned Owner hereby makes, declares and imposes on the land herein described, these easements and covenants running with the title to the land, which shall be binding on the Owner, ali heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, the undersigned Owner holds the fee simple title to the land located in the City of Aventura in Miami-Dade County, Florida, described in Exhibit "A," attached hereto, and hereinafter called the "Property,' which is supported by the attorney's opinion attached as Exhibit 'B,' and WHEREAS, Owner is desirous of developing the Property for residential purposes and wants to assure the City of Aventura that the integrity of the large scale development will be built in accordance with the proffered plans, and WHEREAS, Owner may wish to convey portions of the Property from time to time, or may wish to develop the same in phases or stages, or may wish to offer the units as condominiums and is executing this instrument to assure the City that the development will not violate the Code of Aventura when it is so developed, and WHEREAS, Owner intends to develop some or ali of the buildings on the Property for sale to multiple owners or in a condominium or association format of ownership and/or in two or more phases, -EXHIBIT #§ 01-CPA-03 NOW THEREFORE, in consideration of the premises, Owner hereby freely, voluntarily and without duress agrees as follows: This agreement on the part of the Owner shall constitute a covenant running with the land and will be recorded, at Owner's expense, in the public records of Miami-Dade County, Florida, and shall remain in full force and effect and be binding upon the heirs, successors and assigns of the respective parties hereto, until such time as the same is released in writing as hereinafter provided. The Property will be developed in accordance with the site plan entitled, "Aventura Landings", prepared by Mouriz/Salazar Architects dated last revised on June 6, 2003. No modification shall be effectuated without the written consent of the then owner(s) of the phase or portion of the property for which modification is sought, and the City Manager. The City Manager's approval determination shall be made pursuant to section 31-79(j) of the City's Land Development Regulations. Should the City Manager withhold such approval, the then owner(s) of the phase or portion of the Property for which modification is sought shall be permitted to seek such modification by application to modify the plan or covenant at public hearing before the City Commission. If the subject prope~/will be developed in phases, that each phase will be developed in accordance with the approved plan, except as otherwise modified pursuant to section 31- 78(k)(3)b.2 of the City's Land Development Regulations. In the event of multiple ownerships subsequent to site plan approval, that each of the subsequent owners shall be bound by the terms, provisions and conditions of this Declaration of Restrictions in Lieu of Unity of Title. The Owner agrees that he or she will not convey portions of the Property to such other parties unless and until the Owner and such other party (parties) shall have executed and mutually delivered, in recordable form, an instrument to be known as an 'easement and operating agreement# which shall contain, among other things: a. Easements in the common area of each parcel for ingress to and egress from the other parcels; b. Easements in the common area of each parcel for the passage and parking of vehicles; c. Easements in the common area of each parcel for the passage and accommodation of pedestrians; d. Easements for access roads across the common area of each parcel to public and private roadways; e. Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; f. Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; 2 Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; h. Easements on each parcel for attachment of buildings; Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; j. Appropriate reservation of rights to grant easements to utility companies; k. Appropriate reservation of rights to road rights-of-way and curb cuts; I. Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like. These provisions or portions thereof may be waived by the City Manager if they am not applicable to the subject property. The provisions of the easement and operating agreement shall not be amended without prior written approval of the Office of the City Attorney. In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the Property as to which the parties thereto may agree or the City Manager may require, all to the end that although the Property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan and in a coordinated and unified manner. This Declaration shall be in effect for a period of 30 years from the date the documents are recorded in the public records of Miami-Dade County, Florida, after which time they shall be extended automatically for successive periods of ten years unless released in writing by the owners and the City Manager, acting for and on behalf of the City of Aventura, Florida, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes herein intended. Enforcement of the declaration shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party. No combination shall be approved where approval would allow a violation of any other provision of this chapter. The maximum residential density on the Property shall not exceed 45 dwelling units per gross acre. 3 10. 11. 12. 13. 14. As further part of this agreement, it is hereby understood and agreed that any official inspector of the City of Aventura, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. The provisions of this instrument may be released, amended, or modified from time to time by recorded instrument by the then Owner or Owners of all of the Property, with joinders by all mortgagees, if any, provided that the same is also approved by the Mayor and City Commissioners of the City of Aventura, after public hearing. Should this Declaration of Restrictions be so released, amended or modified, the Director of the Community Development Department, or his or her successor, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions, which shall remain in full force and effect. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. In the event of a violation of this Declaration, in addition to any other remedies available, the City of Aventura, is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approval, until such time as this Declaration is complied with. This Declaration shall be recorded in the public records of Miami-Dade County at the Owner's expense. [Execution pages follow] 4 Signed, sealed executed and acknowledged this WITNESSES: Print Name: day of ,2003. MERCO GROUP LANDINGS, I, INC. By: Print Name: Print Name: Title: AT AVENTURA WITNESSES: Print Name: Print Name: WITNESSES: MERCO GROUP LANDINGS, II, INC. By: Print Name: Title: MERCO GROUP AT LANDINGS, III, INC. By: AT AVENTURA Print Name: Print Name: Title: Print Name: AVENTURA STATE OF FLORIDA, COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of ,20 , by , who is personally known to me or who has produced as identification and who did take/did not take an oath. NOTARY PUBLIC: Sign Print State of Florida at Large (Seal) My Commission Expires: 5 Administrative Director Aha Rijo-Conde, AICP April 7, 2003 Ms. Joanne Carr, AICP, Planning Director City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Re: Aventura Landings NE 28 Court and NE 185 Street Miami-Dade County School Board Dr* Michael M. Krop, Chair Robert B. Ingrarn, Vice Chair Agustin J. Barrera Frank J. Bola~os Frank J. Cobo Peda Tabaras Hantrnan Betsy H. Kaplan Dr. Marta P~raz Dr. Solomon C. Stinson Superintendent of Schools Merrett R. Stierheim Dear Ms. Cam Pursuant to the state-mandated and School Board approved Interlocal Agreement, local government, the development community and the School Board are to collaborate on the options to add ress the impact of proposed residential development on public schools where the proposed development would result in an increase in the schools' FISH capacity (permanent and relocatable), in excess of 115%. This figure is to be considered only as a review threshold and shall not be construed to obligate the governing agency to deny a development. Attached please find the School District's review analysis of potential impact generated by the above referenced application. Please note that all o the impacted school facilities meet the referenced review threshold. The proposed residential development will impact Ojus Elementary, Highland Oaks Middle School, and Dr. Michael M. Krop Senior High School currently operating at 184%, 171% and 145% of FISH capacity, respectively. However, utilizing the County's Census 2000 figures, the proposed residential development will increase the FISH capacity of Ojus Elementary, Highland Oaks Middle School, and Dr. Michael M. Krop Senior High School to 202%, 174% and 147%, respectively (please see attached analysis). As such, it is our recommendation that dialogue among all affected parties take place as it relates specifically to public schools in the affected area that meet the review threshold. Please note that S/S "PP1" and S/S "RR1" are funded for construction and S/S"D" is currently funded in the facilities five-yearwork program for site acquisition, and for school construction. However, although it is possible that this school will serve all or a portion of this general area, the attendance boundary have not yet been established. As such, assurances cannot be provided by the School District that the proposed school will help to alleviate the impacts of the proposed development. EXHIBIT #6 01-CPA-03 Facilities Planning · t450 N.E. 2nd Avenue, Suite 525 · Miami, Florida 33132 305-995-7280 · FAX 305-995-7295 · www. facll, dade. kf 2. fl. us Ms. Joanne Carr April 7, 2003 Page Two Also, attached is a list of approved Charter School Facilities countywide, which may provide relief to the area of impact, as well as a report depicting previously approved applications which impact the schools serving this development. Additionally, pursuant to Miami-Dade County's Educational Facilities Impact Fee Ordinance the proposed development, if approved, will be required to pay educational facilities impact fees (impact fees) based on the following formula: New residential unit square footage X .90 (Square Footage Fee) + $600.00 (Base Fee) + 2% administrative fee = Educational Facilities Impact fee As an example, assuming the proposed unit is 2,000 square feet, the 380-unit development is estimated to generate approximately $930,240 ($2,448 per unit) in impact fees. This figure may vary since the impact fees assessed are based on the actual square footage of each dwelling unit. In accordance with the Agreement, this letter and attached information should not be construed as commentary on the medts of the pending zoning application. Rather it is an attempt to provide relevant information to the Community Council on public schools that will likely serve the proposed development and meet the referenced threshold. As always, thank you for your consideration and continued partnership in our mutual goal to enhance the quality of life for the residents of our community. Coordinator Ill PG:am L-953 Attachment CC: Ms. Ana Rijo-Conde Mr. Fernando Albueme Mr. Ivan Roddguez Ms. Vivian Villaamil SCHOOL IMPACT REVIEW ANALYSIS APPLICATION: REQUEST: ACRES: LOCATION: NUMBER OF UNITS: 380 units ESTIMATED STUDENT POPULATION: 156 students* ELEMENTARY: 84 MIDDLE: 38 SENIOR: 34 Aventura Landings Land use change from Business and Office to Residential and a rezoning from B2 (Community Business) to RMF4 (Multi-family High Density) .72 acres NE 28 Court and NE 185 Street SCHOOLS SERVING AREA OF APPLICATION: ELEMENTARY: Ojus Elementary - 18600 W. Dixie Hwy. MIDDLE: Highland Oaks Middle - 2375 NE 203 St. SENIOR HIGH: Dr. Michael M. Krop Senior - 1410 NE 215 St. * Based on Census 2000 information provided by the Miami-Dade County Department of Planning and Zoning. The following population and facility capacity data are as reported by the Office of Information Technology, as of October, 2002: STUDENT FISH DESIGN % NUMBER % POPULATION CAPACITY UTILiZATiON OF UTILIZATION PERMANENT FISH DESIGN PORTABLE FISH DESIGN CAPACITY STUDENT CAPACITY PERMANENT STATIONS PERMANENT AND RELOCATABLE Ojus Elem 902/ 355 254%/ 134 184%/ 986* 278%* 202%* Highland Oaks 2385/ 1121 213%/ 270 171%/ Middle 2423* 216%* t 74%* Dr. Michael M. 3556/ 2366 150%/ 79 145%/ Krop Sr. 3590* 152%* 147%* * includes proposed development ADDITIONAL SCHOOL INFORMATION: The following information was provided by school site personnel or other data sources in October 2002: O/us Elementary: Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non-instructional space utilized for instructional purposes: Teachers required to float/travel: In each classroom, in special computer labs and media center None Platinum Award for being an "A" School and Superintendent's Recognition Award Before/After school care Enrichment classes Begins at 10:15 a.m. Cafeteria, Library, Art Room, Music Room and AV Room Art, Music, Spanish S/SL, CCHL and ESOL Highland Oaks Middle: Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non-instructional space utilized for instructional purposes: Teachers required to float/travel: Dr. Michael M. Krop Senior High: Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non-instructional space utilized for instructional purposes: Teachers required to float/travel: In each classroom, special computer labs and Media Center Cafeteria and Media Center "A" School None Begins at 11:28 a.m. Auditorium and Media Center Gifted Science In each classroom, in special computer labs and Media Center None Seaman's Award for the AP Test Scores in Math and Science Magnet programs, Vocational Begins at 10:18 a.m. Art Gallery, Storage rooms, Offices and Resource rooms Social Studies PLANNED RELIEF SCHOOLS IN THE AREA (information as of March 2003): School Status Occupancy Date State School "PPI" Planning N/A State School "RRI" State School "D" Site Search N/A In Progress Site Search N/A In Progress OPERATING COSTS: According to Financial Affairs, the average cost for K-12 grade students amounts to $5,833 per student. The total annual operating cost for additional students residing in this development, if approved, would total $909,948. CAPITAL COSTS: Based on the State's April-2003 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY 84 x $13,185 = $1,107,540 MIDDLE 38 x $15,118 = $ 574,484 SENIOR 34 x $20,005 = $ 680,170 Total Potential Capital Cost $2,362,194 * Based on Information previded by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. PREVIOUSLY APPROVED DEVELOPMENT REPORT AVENTURA (JANUARY '01 - MARCH '03) 2385 5 2390 1t21 270 172% TOTAL 7005 20 7025 4203 535 148% Revised 1/16/03 ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Flodda found in compliance the City of Aventura Comprehensive Plan (the "Plan")in February 1999; and WHEREAS, the Future Land Use Map of the Plan designated the subject property Business and Office; and WHEREAS, the owner has made application to the City to change the land use designation from Business and Office to Medium High Density Residential; and WHEREAS, the City designation on the subject amendment; and Commission agreed to approve a residential zoning property, conditioned upon the acceptance of a Plan WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the future land use map designation on the subject property from Business and Office to Medium High Density Residential; and Ordinance No. 2003- Page 2 WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Section 2. Amendment of Future Land Use Map Designation. The future land use map designations of three tracts of land described as Tracts A, B and C on Exhibit "A" to this ordinance, totaling 8.36 gross acres located on NE 28 Court and having Folio Numbers 28-2203-000-0271, 28-2203-000-0284 and 28-2203-000-0231 are hereby changed from Business and Office to Medium High Density Residential. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Comprehensive Plan. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall 2 Ordinance No. 2003- Page 3 become and made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish such intentions. Section 5. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs and other agencies as provided under Chapter 163, Part II of the Florida Statutes. Section 6. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner ., who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Robert Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev ^uerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Robert Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow 3 Ordinance No. 2003- Page 4 PASSED on first reading on this 1st day of July, 2003. PASSED AND ADOPTED on this 2nd day of September, 2003. ATTEST: JEFFREY M. PERLOW, Mayor TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 4 Exhibit A to Ordinance No. 2003- LEGAL DESCRIPTION: Tract A: The North 510.66 feet, of the following described property: A portion of the Southwest 1/4 of Froctlonol, Section 5. Township 52 South, Range 42 East, Miami-Dodo County. Florldo. being more portlculoriy described os follows: Begin at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of eeld Froctidnol section 3; thence N 89'59'25" W, along the South llne of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, of *sold Section 5, for 80.21 feet; thence N 0'01'45" £ for 310.86 feet to o point on o curve (said point bears S 0'8'15' W from the radios point of the next described circular curve); thence Southeasterly, along o circular curve to the left (concave .to the Northeast), having o rodlus of 694.69 feet and a castrol angle of 006'50# for on arc dlstonce of 1.51 feet to o point of tongency; thence S 89'S8'15' £, along a line p~rallel with and 20.00 feet South of os measured at right angles to. the North line of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southwest I/4 of eeid Section 3. for 431.94 feet; thence $ 0'00'4~5' W, along the Westerly Hght-of-woy line of NE 28th in Official Records Book 6088, Page 160 of the Public Records Court and its Southerly prolongation os recorded of Idlami-Dode County, Florida, for 760.62 feet; thence N 89'59'25' W. along o line parallel with and 449.91 feet South of, os measured at right anglos to the No~h line of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 'of said Section 3, for 346.87 · feet; thence N 0046'52- W, along the East llne of the Southwest 1/4 of the Southwest t/4, of eeid Section 5, for 449.95 feet to the POINT O~ BEGINNING, lying and being in Miami-Dodo County, Florida. Tract B: The South 449.91 feet. of the following described property: A potion of the Southwest 1/4 of Fractional, Section 3. Township 52 South. Range 42 East. Miorni-Oode County, ,Florida. being more particularly described os follows: Begin at the Southwest corner of the Northwest 1/4 of the Southecst 1/4 of the Southwest 1/4 of sold Fr=ctional section 3; thence N 89'59'25' W. along the South llne of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, of said Beaten 3, for 80.21 feet; thence N 0001'45" E for 310.86 feet to o point on c curve (sold point bears S 0'8'15' W from the rodlus point of the next described circular curve); thepce Southensteriy, along o clrculor curve to the left (concave to the Northeast), having a rodlus of 694.69 feet and a central angle of 0'6'30' for on arc dlstonce of 1.31 feet to o point of tangency; thence B 89'58,16' E, along o llne J~rallel with and 20.00 feet South of os measured at right anglos to, the North llne of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3. for 431.94 feet; thence S 0000'45" W along, the Westerly r~ht-of-wey llne o.f NE 28th Court and ;ts Southerly Prolongation as recorded in Off'~ Records ~E~mk 6088. ~oge 160 of the Public Records of Miami-I~de County, ~lorido, for 760.62 feet; f~ N 89'S9'25' W, along o line parallel with and 449.91 feet South of, os meceured et right eagles to the North line of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 346.87 feet; thence N 0'46°52. W olon~ for 449.95 feet to the P~'INT O~ the East llne of 'the Southwest 1/4 of the Southwest I/4, of eeld Section 3, BEGINNING. lying and being in Idlomi-Oode County, Florida. Tract C: A portion of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Fractional Sect;on 3, Township 52 South, Range 42 East, Miomi-l~de County, Florida, being more portlcuidriy deeer~bed os fo~v~: Commence at the Northwest comer of the East I/2 of the Southwest 1/4 of the Southwest 1/4 of the southwest I/4 of said Fractional Section 3, thence run S 89'59'25 E along the North boundary of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest I 4 .9,0.17 fast. to. the point of intersect ;th ~,~o+ ...~., · _/ of said Fractional Section 3 odi nce of _fl~::t certain right-of-way Deed to ~:~lew~,,;~.'' ::.,~,.-o.~.o¥ ooundo~ of Northeast 28th Cou;~t os c~te~nc~i~3ed in .age 160 of the Pubnc Records of Miom~.~Z; ~..~uan~°n ~_P.~m~be~_. 10, Ig88, in Official Records Book ~088; .- - -/, , ,vn~a, ~in9 the F~INT OF' BEGINNING of the parcel of h3nd bereinofter to be deecribed; thence run S 0'~'4S" W elan9 the aforesaid described line, o distance of .]61.28 feet to the point of intersection with a line that ie 500 feet North of and parallel to the South boundary of the East 1/2 of the Southwest 1/4 of the Southeest 1/4 of the Southwest 1~4 of said Fractional Section ~; thence run N 89'67'.54" E along the lost described line, c distance of 200.28 feet to a point, eeld point being 46.75 f~st West of the East bounda~ of the Southwest 1//. of the ee~d F~ctionol 3; thence mn Id ~'r~z- ...... ~outheost I/4 of the Southwest 1/4 ,~f East beundo~/ of Northeast 28th cou,+- ..._[o.n_g__o_~n~e.t.~.ot~ ,.s ~0.0.2.8_feet .E.ast of and parallel to the sod --, ,, ~,=~tu,,~= ~ ,~,~o ~eet [o tile point of intersection with the North boundary of the Southwest 1/4 of the Southeast I/4 of the Southwest 1/4 of said Fractional Section 3, thence run N 89-6g'25' w along the lost described llne, a distance of 200;28 feet to the POINT OF BEGINNING· PUCANT REPRESENTATIVE AFF, AVIT Name Relationship Ben Fernandez~ Esq. Mouriz/Salazar & Assoc. Attorney Architects Manuel Echazaretta Engineer (AUach Addmo.al Sheets If Necessay) ~ANY STATEMENT OR REPRESENTA'~ON MADE BY ANY PERSON USTED ON THE APPLICANT REPRESENTATIVE AFFIDAVtT SHALL BE BINDING UPON THE IND~DUAL OR EN~ APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER QF THE SUBJECT PROPERTY. APPUCANTS AND AFFIANT~ ADVISED TO TIUELY SUPPLEMENT THtS AFRDAVff PURSUANT TO SEC. 31-71(BX2)(IV) OF THE Cf['Y'S LAND DEVELOPMENT REGULAllONS IN THE ~ CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCATION BY THE CtTY BOARD OR COUMISSION, THE ;NFORUATION PROVIDED IN THE AFF~AVIT BECOMES INCORRECT OR INCOMPLETE. Nam~ Ben Fernandezt(/sq. Name: Home3 Meruelo T~ Attorney AdCkeS~.200 S. Biscayne Rlvd_, # 850 Ack,ess: ~' 1R ~nllt,. ayah11~ M~am~: FL ~31~1 STATE C~: FLORIDA ) Homero Meruelo B~ ~ ~e mde~e~ auth~ Femoaa~ a~ Ben Fernandez SWORN TO ANO 8UBSCRIBEO BEFORE ME I~s 3 ,clay Of ~_eJ2. . My oommlssk~ expires: buSINESS RELATIONSHIP AFFIDA ,,* ~ Nlidav~ is m~de pursuant to Sectio~ 31-7t ~o){21~ o! the City o! ^ventu~a Land Development Code. The u~ersigned Nftant hereby disdoses Ihat: (ma~ with *x' applicable portions o~) ~ 1. Nflan{ ~oes not have a Business Relationship with any member o! the City Commission or any City Advisory Board to which the application will be presented. Afl'ant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Mviso~ Boad to which the ~ will be presented, as loliows: (List name ol Commissioner or Mvisory Board Member) who san/es oa the (List City Commies!on or City Advisce/ Board upo~ which member sen/es). The nature of the Business Retationship is as Iotiows: Iii- Membor of City Commission or Boad holds an ow~orship interest in excess of 1% of total assets or capital stock of &~'mnt or Representative; [iii. Member of City ~ (x Boad Is a palnor, co-sluu~x4der (as to shares of s capomtion which are not isted en any natioeal or regional stock exchange) or joint vanturer with the AppEcant or RepresontalJve lo any business venture; The Applicant or Representative is a Client of a member o! the City Commiss~'l or Board or a Client o4 another professional woi4~ng !rom the same office or to~ the same employer as the member of the City Commission or Board; iv. A City Commissioner or Board member is a Client o4 the &opiicant or Representative; [Iv. The Apptioant or Representative is a Customer of the member o! the Cio/Commissio~ or Board (or o! his or her employer) ~ trancacts more than $10,O00.00 o4 the business o! the member o4 the City Commission or Board (or his or her employer) in a givan calendar yes. r; [ ] vi. The member of the City Commission or 6card is a Customer of the Applicant or Representative and b'ansacts more than $25,000.00 of the business o4 the A,~icant or Representative in a given WI'T'NESS MY ~ DAY OF ,-2002 APPUCN4T'e~ '" (Signature) ' Tree: t=']~ (PrL, tt) V~E~ UY HANO THt$__ O^Y OF ,2001. PROPERTY OWNER: Name:. ~Print) Tr~e: (p~t) 'The terms 'Business Relationship," 'C~ont," 'Customer," ",fl~of=ant," 'Represontat/ve' and 'interested Person" are defined/n Section 2-395 of the Aventura City Code. Bul$ ~ DAY OF February --iSJgnaT~e~X~p Nfidav~) 8~.. Name:/~ ~elo (~t) N~: T~: ~) r~: Name: (Pr/n~) Name:, T~le:, /Prin~) T~:. Name:. .(P~nt) Name: T~e: {P~) T~: ~ ~e) ~. ~ .(~ N~: (P~) ($/gne~ure ~ 1) Usedupllc~esbeetsl~dlsclosut'ek~fo~mdionk~Represe~talkveyade~ Feb. BUSINESS RELATIONSHIP AFFIDAVIT* '1~ Nt'K~avi[ is made pumuafll to ~ 31-7103}~(k~ d tm City of A~tu~ ~ I~wlo~m~! Code. '1~ uflde~igned NfmJlt heceby eado~es ma~ (mark with ¥ 4q~'mble po~ioAs only) /~'~t does no( have a B,,.~ness I~ with any ma'nbe~ of the City Commiss~ o( any C,k'y Mvisory Board to w~ich It~ app~ca~ofl vfl/be lxesented. [12. (Lisl name ol Commissio~e~ o; Advlso~ Boa;d Membel~ tVno ~;e~es o~ ~e (List City Commission ~ C~ Adviso~ Board u~ which member Member o{ C,,~ty Commbsloa a' Bored bY, ds an m, mer~ip ~emst in e×_ _,:e~'~_ _ d t % ~ k3tal ~sse~ a' []i. ' [liv. A C, ity Cemmtsskme~ or Boa;d membe~ is a C~ient of ~e App~cant ~ Representat;~e; [Iv. '~e ~p/ca~t o~ ~tive h a Cust~ d the ~'//~ d ~e C~/Commissio~ W B:a~i {or of his o~ h~ employer) and bans.3cts mot'e Ihan $10,000.00 of ~e business of the member o~ ~e City [or his or her emplol~r) k a given calenda' year; Ox~mis..~ ~ I~d Is a Cast. er d the Ap~-~ m Re~res~ta~ve a~d terms 'Buskte~ Re~m'v',shlp,' ~' 'Customer: 'Appra:a~' "Rep~sentet~' and lnterest~ Pepsin" am de~ned ~h WTTNESS MY HAND THIS ~i DAYOF February .200 3. By:. ,1~..~, ~ ~ ~,. (Signa,ure) By:.. Name: B~.n ';or%~H,~, (Print) Name:. T~e: At' {-c~rn,~y (~nt) T~tle:. (Signalure (PdnO .(P~O B~ (Signature) By:.. (Signature Name: (Pr/nO Name: (Pdnt) Tdie: (Print) T~de: (Prinl) I~, [S~ature) By:. (Signature Tm: (P~nO T~ ~ By:, (Signature) By:.. (Signature Name:. .(Pr/nO Name: .(P~t) T~ .(print) T~Ue: By:, [Signature) By:. (Signalure Name:. .(P~t) Name: (Pr/rtl) ~ (Print) Tile: (Pr/nt) ~ tS~na~e; ~ ' (S~gn~ure Tm: (Pr~ T~e: NOTE: 1) Use duplicate sheets i~ disclosure Inlommtion lot Representative varies 2) Appticants and Mfla~ts me ad'dsed to tlmety supptement this Affidavit pursuant to Sec, 31-71(b){2Xtv) o! the Ciys Land Oevelopmeat Regutatlons in Ihe City Code, In the event that pdof to consideration o! ~e apptication by the City Board or ~mmtsslofl, ~e Information provided In the Mfidavtt becomes incorrect or Incomplete. ~TATE OF FLOI{I3,~ ) .OOUI4TY ~ 141AU{.4~DE) Pd~ted Name a No~uy 8TA~ O~ FLOR~A BUSINESS RELATIONSHIP AFRDAVIT* This A~fidavR is made pursuant to Sectkm 31-71(b)(2)(h] ol 1he City of Ave~Ma Land Oevelopment Code. l~e undersized A,'f~t hereby sen'es). name o! Commissk~e~ or Ad~ Boad Me~a~ wl~ Serv~ o~ Ihe (t.~ City Commis~k~ or C~ Adv~soff eea~ upe~ ~ member Member o~ GItY Gommtssi~ (x 8earl holds an ownen~ip k'tte~st in e~_ _,'~_ _ (d 1% ~( total assets or {Ir~ []~. The A~ora:ant ~x Ftetxesentafive ts a (~r. mt o( a membe~ o~ the C.a~y ~xnmtss~ or Boa~ o~ a C~ient C~ C~r~,ssion e~ []iv. A ~ Commlssioee~ o~ Boa~ member is a CF, ie~t o~ the A~Scant or Rep.ese~tative; []v. The AM)fcant m Relxese~tative Is a ~,~st~ne~ of the member o( 1he ~.,4y Cemmisskm or Bom, d (o~ of his ~x he~ employe~ and transacts mo~e than $10,0~0.00 of ~,~e business o~ t~e membe~ of the ~ Commissiml o~ Board (o~ ~ o~ he~ e.n~oloyer~ kt a given calendar yea~, [ l ~ of ~ Cie/Comm~<~ or 8om'd Is a Cus~oma' of ~he Apprr.,ant or Rapre~da~ve and ~ler° Merue3'° PROPERTY WTI~IESS MY HANO THIS. DAY OF February .20~.~ T~e: Architect (Pt,t) Tee: (S~na~re By:.. Name: (Pdnf) Nzme: 1-~ (Pnh~) "i'~: ~ (P~ ~ (P~ By:. (Sig~ure) By:. (Signature I,~ne: (P~t) Name: T~: (Print) T~e: (Pr/~ By', ~Jignature) By:. (Signature Name~ ,(P~nt) Name: (Pdnt) ~ ~ Tm: (~t) t) App~A~nt~ and Afllant~ m adv~ed I~ timely mppleme~t Ild~ Aflidavlt pumuant t~ ~. ~1.~ M ~ Cites L4m~ D~vMopment Regulalbns In me City C~d~ In It~ event ltmt prior to cm~lderatlen of ~ qp~n ~[O'['ARtT..ATION BUSINESS RELATIONSHIP AFFIDAVIT* '11~ Nf~:la~ is made pu~uant to Sec03~ 31-71(b}(23(',~ of Ihe City of ^ve~tura Land ~t ~. i~e a'x~sig~'~ Nfant hereby Nfk~t does no~ have a Business Relationship wilh any member ol the Ci~ Commissio~ (x any City Advisory 13oard to which the appl~ v411 be ixesented. (It Iii. · [l~i. []iv. A CAty Oommisskmer o' Bored membe~ is a Client oHtm Ap~cant m- Repre~entative; []v. The Appr.:a~ o~ Relxesentativa is a Customw o~ ma mem~ o~ '~a Cay Commiss~ or Board (o~ <~ his o~ her employe~) and tr',msacts mo~e than $10,000.00 of Ihe bt~ine~s of the member of ihe City Comm~i~ ~ Bored (or his ~ ha' employe~ b a glv~ calendm' yeaq []vL 'ltue memba' d h City C-,ommtss~ oc I~dd is a C~'t~mer of the Appa:m~ ~x I:~xese~da~ and ./~~ $25,000.00 o~ Itm business ol Ibc Apl~canl <x Rq)mse~talive h a gk, e~ PROPEBTY~/NER: By:. Tee: Ar'PLICANT' REPRESENTATIVE AFF,,.,AVIT ideadt'~ all persons re~xesemi~g lhe ind'~dual o~ e~lity applyi~ for the Developmeat Pem~t in coimectim ~ Ihe ap~tim% as UIows: Name Relationship ~.e. ~omey~ ~:~ec~ Lan~ape JEFFREY BERCOW ATTORNEY (A,Uach ~ Sheets If ~ NO11CE:ANY STATEMENT OR REPRESENTA11ON MADE BY ANY PERSOfl LI$1~O ON THE APPLICANT RE~RESEETAI'iVE AFFIDAVIT SlLM.L BE BINOING UPON THE INOWIOOAL OR ENm¥ APPLYING FOR THE DEVELOPMEhq' PERMIT ANO THE OW'HER O.F THE SUBJECT PROPERTY. APPLICANTS ANO AFRAEI'S ARE AI:~/ISEO TO TIMELY SUPPLEMENT THIS AFFIOAVlT PURSUANT TO SEC. 31-71(BX2)(W) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE~ IN THE EVENT THAT PRIOR TO CONSIOERATION OF THE APPUCATION BY THE CITY BOARO OR COMMISSION, THE INFORMATION PROVIOEO IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. Address. 200 S. BISCAYNE BLVD. SUITE 850, MIAMI, FL 33131 MARCH PRESIDENT · ~ 5101 COLLINS A~NU~ MI~I BEACH, FL 33140 STATE OF FLORIDA Before me BUSINESS RELATIONSHIP AFRDAVIT* This Nfic~ is made pursuant to Sectio~ 31-71(b)(2)('a') (d g~e City o~ Aventura La~d Oevekq)meflt Co~e. the ufl~ersig~ A~';ult he;eby ~ t A~fia~t does not have a Bu~ness Re~atiomhip with any member of the City ~mmi~ ~ any City Advisory :- .Bea~d to which the app~:adm vail be presented. [ 12. Aff'~ant heceby disdoses Ihat it does have a Business Re~atior, s~ip wi(h a membe~ o~ ~ ~ ~ ora CK'/Advls4~ Board k3 which g'~ ap~ca6o~ vat be p~esemed, as follows: (Ust name o~ C. ommisskxe~ o~ Advis~ Bored Idanl~ who Se~es o. the (List City Commissk~ or City Advisor/ Boan:l upe~ which member Ifa, 'l~e APPr~mt (x Re~e~enmrzve ts a (~,e~ of a membe~ oUhe City Conunlss~ o~ Board o~ a C~mt []iv. A CRy Oomm~iooe~ ~ Board member is a Or4e~t of ihe App,:ant o~ Repres~ta~..e; his o~ he~ employer) and tramacts mote Ihan $10,000.00 of ~e business of the member of the CAy Commiss~ o~ Board (or his er her employe0 In a given calendar yeaq --W~:SSMYHAN01%~L5~ 0Ay0~ February The member d Iha C. ib/Commission ~x Bored h a Custom~ of ee App~ or Representable and transacts more ~ $25,0(30.00 d Ihe bushess d I1~ Appttcant o~ Representative In a given ~NE~ MYH/~D ~HI$ 1 9 DAY OF MARCH ~y:. ~ ,F/t I/V / 'V (S~ture) B~ // · N~~(P'n~) Name:. T~e; ~O~NS~ .(Prit) T~le:. ,-a~2002 (Signature .(Print) (Print) By:. (Signature) By:.. (Signature Name: .(PriO N~me: (PriO r~ei {Print) r~e: (Pri~ By:. (Signature) By:.. (Signature Name: (Print) Name:. (Print) T~: {Prit) T~IS: (Print) B~. (Signalure) By:.. (Signature Name: .(Print) Name:. .(Print) TRIS: .(Print) T~le:. (Print) BT.. ~Signature) By:. (Signature Name: .(Print) Na'ne:. ,(Print) T~le: (Print) Tdle:. (Prit) By:. (Signature) By:, (Signature Hame: (Print) l, bme: (Print) Tf, ie: (Print) Tdie: (Print) NOTE: 1) Use duplicate sheets Il disclosure inlormatlon lot Representative varies 2) Applicants and Affiants a~e advised to timety supplement this Affidavit pursuant to Sec, 31-71(b}(2)(Iv) o! the City% Land Development Regulations in the City Code, lo the event that prior to conslderaUon of the apptlcatlon by the City Board o~ Commission, the inlormatlon provided lo the Affidavit becomes locorrect or locomplete. STATE OF FLO(~OA ) PrJn~ed N~me of No~/ My co~'nL~si~ e~kes: ~"TATE O~ FLOBIOA ) the Afl, ant, who be{rig ~ by me duly sworn, d'~ s~..ar o~ aif,,'m I~t AFFIANT ,2001, ~TA~ OF R.O~{~ ) SWO~N TO AND ~UB,,~IBED be~ me II~s N~uy Pubic St~le d Fto6~ A,t I,.,mge CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission .~ Eric M. Soroka, IC~A-,J3fvl City Manager ~ ~. Joanne Can', AIC~ Planning Director June 20, 2003 Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for three parcels on NE 28 Court totaling 8.36 acres from B2, Community Business District, to RMF4, Multifamily High Density Residential District. (01-REZ-03) July 1, 2003 Local Planning Agency Agenda Item __ July 1, 2003 City Commission Meeting Agenda Item /7.~ September 2, 2003 City Commission Meeting Agenda Item __ RECOMMENDATION It is recommended that the City Commission: 1. Approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for three parcels on NE 28 Court totaling 8.36 acres from B2, Community Business District to RMF4, Multifamily High Density Residential District, upon the following condition: a) That the applicant prepare and record in the Public Records of Miami-Dade County, in form satisfactory to the City Attorney, a covenant restricting the density on the property to no more than 45 dwelling units per acre. 2. Approve a Development Agreement pursuant to Chapter 163, Florida Statutes, between the owner and the City relating to the dedication, design and construction of the extension of Miami Gardens Drive through the subject site and phasing of development, with the revision recommended by staff in this memorandum, and authorize the City Manager to execute the Development Agreement on behalf of the City. THE REQUEST The applicant, Ben Fernandez for Merco Group at Aventura Landings I, II and Ill, Inc., is requesting an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for three parcels on NE 28 Court totaling 8.36 acres from B2, Community Business District to RMF4, Multifamily High Density Residential District. (See Exhibit #1 for Letter of Intent) The current landholding of the applicant is 8.36 acres. The total development site area will be 9.02 acres if the City Commission approves an abandonment of .65 acres of the NE 28 Court right of way. BACKGROUND OWNER OF PROPERTIES: Merco Group at Aventura Landings I, II and III, Inc. Tract A 28-2203-000-0271 3.09 acres Tract B 28-2203-000-0284 3.61 acres Tract C 28-2203-000-0231 1.66 acres NAME OF APPLICANT Ben Fernandez for Merco Group at Aventura Landings I, II and III, Inc. LOCATION OF PROPERTY NE 28 Court at NE 185 Street See Exhibit #2 for Location Map and Exhibit #3 for Aedal Photograph SIZE OF PROPERTIES Approximately 8.36 acres (9.02 acres including .65 requested to be abandoned) right of way DESCRIPTION/BACKGROUND The site is comprised of three tracts of land in the same ownership, divided by the NE 28 Court road allowance. Tracts A and B lie to the west of the road and Tract C lies to the east. Tracts A and B formerly contained the Binnings Building Products factory and Tract C is vacant land. Tract B is listed by Miami-Dade County Department of Environmental Resources Management Department as a contaminated site and is currently under remediation by the owner. Approval from DERM Pollution Remediation Section is required prior to commencement of any site or construction work. 2 The three tracts are currently designated as Business and Office land use on the City's Future Land Use Map in the Comprehensive Plan and are zoned B2 (Community Business District). The applicant has submitted a site plan for residential development of the property and the plan is currently under review by City staff. In order to develop the plan as proposed, the applicant is requesting approval of a comprehensive plan amendment, a rezoning to permit residential use, a declaration of restrictions in lieu of unity of title to limit density to 45 dwelling units per acre and a Chapter 163 Development Agreement relating to the design and construction of the extension of Miami Gardens Drive through the site and the phasing of development. The Development Agreement is attached as Exhibit fl4. The Declaration of Restrictions in Lieu of Unity of Title is attached as Exhibit #5. At the time of second reading of the comprehensive plan and rezoning ordinances, the applicant will be requesting approval of a vacation of a portion of the NE 28 Court right of way and variances to site development standards of the RMF4 zoning district. Sixty-two (62), three (3) story townhomes and one hundred and thirty-eight (138), thirteen (13) story loft style condominium apartments are planned on the parcel that will lie to the south of the Miami Gardens Drive extension road. Two hundred and five (205) condominium units in a high-rise building ranging from 13 to 18 stories are planned for the north parcel. The applicant feels that the lack of exposure of this property onto Biscayne Boulevard makes successful commercial development unlikely and therefore requests an amendment to the Future Land Use Map to allow residential uses. The property lies approximately 650 feet east of Biscayne Boulevard. The extension of Miami Gardens Drive and improvements to the existing road from Biscayne Boulevard to NE 28 Court are currently included in the Miami-Dade County Metropolitan Planning Organization, Transportation Improvement Plan (TIP) for design funding in 2004/05 and for construction in 2005/06 and 2006/07. The road currently ends approximately 350 feet east of Biscayne Boulevard. The road is not constructed across the frontage of two development parcels; those being, the Embassy Suites/Gateway Office site and the Aventura Landings site. The project has been awaiting dedication of the road right of way through the Aventura Landings development site and the County has advised City staff that construction of the road extension outside the Aventura Landings site would be expedited once this dedication was made. In order to develop the site as proposed, the applicant will be required to dedicate land required for the road right of way and design and construct the road at its expense as part of its subdivision improvements. In discussion with Miami-Dade County, the applicant has offered to prepare the road extension design along its entire length, from Biscayne Boulevard to NE 28 Court, so that a consistent design can be approved by the City, County and Florida Department of Transportation to expedite construction by the County of the road extension outside the Aventura Landings site. Although the applicant is required to pay all costs for the road extension within its property limits, the County has agreed that it may apply for reimbursement of the design costs external to 3 its development site. The Development Agreement, proposed for approval in this memorandum, provides that the applicant prepare the design of the extension of Miami Gardens Drive from Biscayne Boulevard to the easterly limit of its site, dedicate the road right of way to the City on the effective date of the agreement and complete construction of the road within its property limit prior to the issuance of the first certificate of occupancy for the project. The applicant will then apply to Miami-Dade County for reimbursement of off-site design costs. Should this reimbursement not be approved by the County, the Development Agreement will be null and void. The proposed Development Agreement vests the site plan for a maximum of five (5) years and provides that all phases of construction must be complete within this time limit. This time limit may extended in two and one-half (2.5) year increments, if necessary to complete the development, provided that the road construction is completed. Staff is recommending a further provision that, prior to any extension request, the applicant has obtained or is in the process of obtaining the development permits listed in Paragraph 3 of the agreement. Any such extensions are subject to approval by the City Commission at a public hearing. If the Development Agreement is voided due to non-payment of external design costs by the County to the applicant, the dedication to the City of the required road right of way through the Aventura Landings site will remain a requirement of development approval by the City. The proposed abandonment of the NE 28 Court right of way to the applicant, to be presented to City Commission concurrent with second reading of the comprehensive plan amendment ordinance, will be conditioned upon dedication of land to the City by the applicant for the extension of Miami Gardens Drive. Although density will be limited by restrictive covenant to a maximum of 45 units per acre consistent with the RMF3A multifamily medium density district, the applicant is requesting the RMF4 zoning designation in order to accommodate the height of the proposed condominium and loft buildings on the north and south parcels. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office Business and Office Medium High Density Residential Medium High Density Residential Business and Office Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: B2, Community Business District B2, Community Business District RMF4, Multi-Family High Density Residential District U, Utilities District and RMF3, Multi-Family Medium Density Residential District 4 Properties to the West: B2, Community Business District Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: vacant, under remediation commercial residential utility station and residential commercial Access - Access to each parcel is from NE 28 Court. Conformity to City Comprehensive Plan - The proposed amendment is conditioned on a Comprehensive Plan amendment to change the land use designation of three parcels on NE 28 Court totaling 8.36 acres from Business and Office to Medium High Density Residential. Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31-77 of the Land Development Regulations: 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan provided the City Commission approves an amendment to the land use designations for these parcels from Business and Office to Medium High Density Residential. 2. Whether or not the proposed zoning distdct is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject properties are physically suitable for the uses permitted in the proposed district. 4, Whether or not there are sites available in other areas currently zoned for such use. There are sites available in other areas currently zoned for RMF4 uses. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. 5 This standard is not applicable to this proposed amendment. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of traffic services. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. Address Lot Size Increase in Population Overall Increase Density Factor in Population Tract A 3.09 ac 45 du/ac 1.79 249 Tract B 3.61 ac 45 du/ac 1.79 291 Tract C 1.66 ac 45 du/ac 1.79 134 NE 28 roadway 0.65 ac 45 du/ac 1.79 52 Totals 9.02 ac 726 The proposed change would not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected. The proposed residential use of this property will decrease the demand for water, sewer, streets and other public facilities as compared to the presently permitted uses. Whether or note the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. Traffic Generation - The applicant's traffic engineers have prepared traffic generation information relative to existing permitted uses and the proposed amendment. Applications Area Existing City Zoning Zoning Category B2 (all office use) PM Peak H.our Vehicle Trips 1,311 6 B2 (all retail use) 1,073 B2 (office, hotel, retail 1,973 uses) Proposed City Zoning RMF4 (residential) 185 School Impacts - The application has been provided for comment to the Miami Dade County School Board in accordance with the Interlocal Agreement entered into between the City and the Board in February of 2003. The Intertocal Agreement provides that the School Board must first advise what options it has identified to meet the anticipated demand and, then, if the affected schools are at more than 115% capacity, the School Board will ask the applicant and the City to meet with it in a collaboration meeting to discuss additional options to relieve overcrowding. This is the first development for which the City was required to follow this process. The School Board's letter of April 7, 2003 is attached as Exhibit #6. It notes that the public elementary, middle and high schools affected by this development are currently operating at 184%, 171% and 145% respectively of FISH capacity and that the proposed development will increase those capacities to 202%, 174% and 147% respectively. It identifies three school construction projects that may serve all or a portion of this area, however, school boundaries have not yet been established and the Board gives no assurances that the new projects will help to alleviate the impacts of this development. It has also provided a list of approved charter schools within the County that may provide capacity relief but does not count any of that capacity towards satisfying the impacts of the development. The Board's recommendation is that the applicant, the City and the School Board meet to discuss options and alternatives. This is the action specified in the Interlocal Agreement and the applicant is willing to enter into such discussion, however, the Agreement also provides that the School Board first advise what options it has identified to meet the anticipated demand. City staff has asked the School Board staff to further specify its options. No response has been received to date. Without knowing what is needed to satisfy the overcrowding situation, it is hard to see how collaboration can be effective. Upon presentation of the ordinance for second reading, staff will advise of the options identified by the School Board and/or the outcome of a collaboration meeting. The proposed residential uses on this site will more compatibly support the new Aventura Charter Elementary School versus the commercial uses presently allowed. 7 BEECOW RADF_.LL DIRECT LINE: (305) 377-6220 E-Mail: J bercow@BRZoningLaw.com VIA FACSIMILE & HAND DELIVERY June 6, 2003 Ms. Joanne Carr, Director Community Development Depath~tent City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re: Aventura Landings (01-SP-03) EXHIBIT #1 01-REZ-03 Dear Ms. Carr: This law firm represents MERCO Group at Aventura Landings I, II, III, Inc. ("Applicant") with respect to the property identified in the survey included in our March 14, 2003 letter of intent as Exhibit A ("the Property"). This letter constitutes a supplemental letter of intent to Applicant's multiple requests for an amendment of the City's Comprehensive Plan land use designation of the Property from Business and Office to Medium High Density Residential, a rezoning of the Multi-Family High Density Residential District (RMF4), a vacation of a portion of NE 28th Court, approval of a proposed Chapter 163 Development Agreement, and associated variances (collectively, the "Application"), in order to develop a mix of residential uses on the Property in accordance with a site plan that has been submitted to your offices. This letter is a supplement to our April 24, 2003 letter of intent. The Project. The Applicant previously has submitted a survey showing a site that is 8.73 acres in size. We have now added an "outparcel' to the Property immediately to the west and north of the townhouse parcel (Tract B). This outparcel is 12~381 square feet in size, and increases the total size of the Property to 9.02 acres. By adding the outparcel to the Property, the outparcel will now be included in the Application, including specifically Applicant's requests for an amendment to the City's Comprehensive Plan land use designation, and rezoning. The Applicant's architects have submitted a revised site plan dated June 6, 2003 to your offices under separate cover, along with a revised survey for the Property that includes the out-parcel. Ms. J0anne Carr June 6, 2003 Page 2 The Applicant will proffer a Declaration of Restrictions in Lieu of Unity of Title that will ensure that the Property is considered one parcel for zoning purposes and that limits the density of the Property to 45 dwelling units to the acre. A copy of this proffered Declaration is enclosed with this letter. The Applicant will provide to staff and the City Attorney's office a fully executed Declaration with all appropriate joinders prior to second reading of the ordinances adopting and approving the land use amendment and rezoning. Variances. In addition to the variances described and requested in the Applicant's April 24, 2003 amended letter of intent, the Applicant is requesting the following variance from the City of Aventura Land Development Regulations. Parking Spaces. The Applicant is requesting a variance of Section 31-171(b)(2)b of the City of Aventura Code in order to permit two enclosed parking spaces in a garage for each townhome. This variance is necessary in order to provide luxury style townhomes in a visually pleasing urban environment. If staff and the City Commission deem it appropriate, Applicant would be willing to record a suitable declaration of restrictions that would prevent towrthome owners from converting garage area into habitable space. As we stated in our April 24, 2003 amended letter of intent, approval of the Application as amended would not be detrimental to the public welfare or injurious to other property since the proposed project will be compatible with the surrounding area. For all of the foregoing reasons, we request your favorable review and recommendation with respect to the Application. CC: Mr. Homero Meruelo Mr. Jesus Velez Jorge Mouriz, AIA Ed Llorca, AIA Omar Armenteros, P.S.M. Manuel Echezarreta, P.E. Henry Fandrei, P.E. B RCOW & RADELL BF-.RCOW RADF. LL DZRECT LZNE: (305) 377-6220 E-Hail: 3bercow@BRZoningLaw.com ylA HAND DELIVERY April 24, 2003 Ms. Joanne Carr, Director Community Development Depai-httent City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re: Aventura Landings (01-SP-03) fi)F- ~J -~ [ Dear Ms. Carr: This law firm represents MERCO Group at Aventura Landings I, II, III, Inc. ("Applicant") with respect to the property identified in the survey included in our March 14, 2003 letter of intent as Exhibit A ("the Property"). This letter constitutes a second amended and supplemental letter of intent requesting an amendment of the City's Comprehensive Plan land use designation of the Property from Business and Office to Medium High Density Residential, a rezoning of the Multi-Family High Density Residential District (RMF4), a vacation of a portion of NE 28· Court, approval of a proposed Chapter 163 Development Agreement, and associated variances (collectively, the ppncation ), in order to develop a mix of residential uses on the Property in accordance with a site plan that has been submitted to your offices. This letter supersedes our March 14, 2003 letter of intent. .The Project. As indicated by the survey enclosed as Exhibit A to our March 14, 2003 letter of intent, the Property is 8.73 acres in size and is located at the intersection of NE 28· Court and NE 185~ Street. The Applicant's architects have submitted a revised site plan dated April 23, 2003 to your offices under separate cover. Ms. Joanne Carr April 24, 2003 Page 2 The Property consists of three separate parcels: Tract A, north of future NE 185th Street and west of NE 28m Court; Tract B, located south of future NE 185m Street and west of existing NE 28m Court; and Tract C, located on the south side of existing NE 185m Street and the east side of existing NE 28th Court. The site plan for Tract B provides for 62 new urbanism traditional neighborhood Mediterranean-style townhomes ranging from between 1,588 square feet and 1,695 square feet, and features two car garages in private drives throughout the development. On Tract A the Applicant is proposing a condominium development with 200 units ranging in size from between 900 square feet and 1,310 square feet. The proposed building features an attractive Mediterranean style base that is compatible with the townhomes across NE 185~h Street, and a mid-rise, contemporary style tower that is compatible with the rhythm and fabric of other similarly sized structures in the immediate vicinity and throughout the City of Aventura. The roof of the parking structure will be fully landscaped and will feature a pool with a deck and recreational facilities. On Tract C, the Applicant is proposing to develop an 11 to 13 story condominium building featuring 138 loft-style units with 16'8 feet high ceilings and ranging from 1120 square feet to 1430 square feet in size. This building will provide an appropriate land use and buffer from the FPL substation immediately east of Tract C, and will be further separated from the townhomes on Tract B by a proposed private roadway to be located in the right-of-way of existing NE 28m Court. The Applicant will proffer a Declaration of Restrictions in Lieu of Unity of Title that will ensure that the Property is considered one parcel for zoning purposes and that limits the density of the Property to 46 dwelling units to the acre. A copy of this proffered Declaration is enclosed with this letter. The Applicant will provide to staff and the City Attorney's office a fully executed Declaration with all appropriate joinders prior to second reading of the ordinances adopting and approving the land use amendment and rezoning. Variances. The Applicant is requesting the following variances from the City of Aventura Land Development Regulations. 1. Townhome Setbacks. A variance is requested in order to allow the proposed townhomes to have varying setbacks. The front setback for most of the town.homes will be approximately 21'6", however, Lot 25 will have a 19'9" front setback. A minimum 25 foot front setback and 25 foot rear setback is B .RCOW & RAD d J_ Ms. Joanne C rr April 24, 2003 Page 3 required under Section 31-143 of the Aventura Code for townhomes. The rear setbacks will range between 17 and 36 feet; however, several lots will require a variance in order to allow a 16'4" rear setback. Similarly, a variance of the side street setback is required for Lot 57 to permit an 18'8" setback where a 20 foot setback is required. It should be noted that if these townhomes were to be developed under the RMF3B zoning regulations, the minimum front and rear setbacks would be 15 feet and all lots would comply. 2. Shadow Study. Applicant requests a variance to waive the requirement that a shadow study be provided. The purpose of the shadow study is to prevent shadowing adjacent residential properties. Since the property to the north of Tract A is a commercial use (shopping center), there is no need to provide a shadow study for Applicant's proposed project. (The shadow study included in the Site Plan for Tract A at page A-6 has been included for reference only.) A shadow study has been provided for Tract C (see page C-8 of the Site Plan). 3. Driveway. Applicant is requesting a variance of Section 31-172(c) of the City Code relating to the minimum distance between driveways. This variance is required for Tract A, and is justified due to the irregular shape of the parcel that will be created after Applicant's dedication and construction of NE 185m Street. As a result of the irregular size of this parcel, it is physically impossible to incorporate the necessary driveways in this site with the code-mandated 150 foot separations. This condition is further exacerbated by (a) the proximity of the existing driveway for the shopping center to the north, which is located within 25 feet of Tract A, and (b) the proposed eastern driveway for the Embassy Suites Hotel located immediately to the west. The proposed easternmost Embassy Suites driveway will be located approximately 95 feet from Applicant's proposed condominium garage driveway. As a result of the irregular shape of Tract A, its proximity to the shopping center driveway to the north and the Embassy Suites Hotel to the west, Applicant is requesting variances of the required 150 foot landscape frontage separation between driveways. In order to mitigate concerns raised by City staff, the porte cochere on NE 28oa Court will be limited to in use to the residents of the 26 units in the easternmost portion of the building located on Tract A, as well as their guests and other visitors. Applicant has asked its transportation engineer, Transport Analysis Professionals, to review the proposed driveway spacing for the Aventura BE. RCOW & RADF. LL Ms. Joanne Cart April 24, 2003 Page 4 Landings project. A copy of TAP's analysis of the driveway separation will be provided under separate cover. 4. Lot Size. The minimum lot size for townhouses being developed pursuant to the RMF3A zoning regulations, as permitted by the RMF4 zoning provisions, is 1,600 square feet. All of the exterior lots proposed for Tract B meet or far exceed this requirement. However, fifteen of the interior lots, or less than one-quarter of the total number of townhomes, will require a variance of the minimum lot size. However, if these townhomes were to be developed under the RMF3B zoning regulations, the minimum lot size would be a 20 foot width by a 60 foot depth, or 1,200 square feet. All of the proposed 62 townhome lots far exceed this requirement. Moreover, the average lot size for all 62 townhome lots is 2,221.85 feet (See Table on Sheet SP-la of Site Plan). This variance is necessary in order to provide luxury-style townhomes, instead of another high-rise tower, in a visually pleasing urban environment. 5. Garage Side Setback - Tract C. The minimum side setback in the RMF4 zoning district is 25 feet. Although the proposed structure located on Tract A complies with this and all other applicable setbacks, the parking garage located on Tract C has a ten foot setback on the east side of the Property. It is important to note that Tract C is bordered on the east by the FPL substation, and that only the parking garage component of the loft building to be constructed on Tract C encroaches within the required setback area. The main building, by contrast is setback 110'8" from the east property line and 135 feet from the front property line. This setback variance is necessary in order to mitigate the visual and other impacts of the FPL substation upon the views of the future residents of Tract C. Applicant presently is negotiating for a license agreement with FPL in order to relocate FPL's existing fence 20 feet to the east, and to provide enhanced landscaping on the west 20 feet of the FPL property. As a result, Applicant will be creating a 30 foot wide landscape buffer area on the property line separating Tract C from the FPL property, with a ten foot strip of landscaping being planted within Applicant's east side setback area and the remainder of the thirty foot buffer area being planted on FPL's property. We believe such action substantially mitigates any impact of this setback variance. Hardship. Section 31-76(e) of the Code requires that the Applicant demonstrate that there is a hardship justifying the variance requests. The Aventura Landings project is well within the maximum allowable density in the proposed land use designation and zoning district. However, the Aventura BERCOW & I DEI.I. Ms. ]oanne Carr April 24, 2003 Page 5 Land Development Regulations do not address or anticipate Applicant's proposed new urbanism traditional neighborhood townhome design. In addition, the proposed extension of future NE 185~ Street (Miami Gardens Drive extension) as shown on the proposed plan, results in two irregularly shaped parcels. The roadway alignment is necessary in order to allow for the connection of NE 185th Street (See discussion below regarding the proposed Chapter 163 Development Agreement), a critically required transportation link for the City of Aventura. Accordingly, as a result of the foregoing, the conditions upon which the requests for variances are based are unique to the Property and are justified. In addition, the Property is the former site of the Binnings Window Factory; it has been listed in the Miami-Dade County DepaHa,ent of Environmental Resources Management as a contaminated site. When Applicant acquired the Property in November of 2000, Applicant immediately began working with DERM's Pollution Remediation Section to develop a plan to remediate the contamination on this site. Accordingly, the Applicant has spent over 18 months on environmental remediation which is required prior to commencing the development process. As part of the environmental remediation associated with the redevelopment, the Applicant has spent approximately $2,000,000 in the remediation process. Of these total sums, approximately $1,500,000 has been spent for the actual hard costs of the environmental remediation with the remaining amounts constituting soft costs and carrying costs. At or prior to hearing, we will submit an exhibit that details these expenses. All of the foregoing circumstances are clearly unique to the Property, and together combine to impose a particular hardship upon the Applicant, if the requirements of the City's land development regulations were to be literally applied. The ongoing environmental remediation of the Property, the Applicant's agreement to provide for the extension of Miami Gardens Drive (NE 185th St.) within the Property and stage its project accordingly, the irregular and somewhat awkward parcelization resulting from the dedication of NE 185th Street, as well as the unique design of the townhomes located on Tract B, all constitute significant and overwhelming obstacles to development of the Applicant's plan that collectively constitute a hardship. Chapter 163 Development Agreement. The planned future eastward extension of Miami Gardens Drive through the Property is identified in the City's Comprehensive Plan as a critically important future transportation improvement. In its discussions with the City administration, Applicant has BERCOW & Ms. J0anne Carr April 24, 2003 Page 6 made clear its intentions to pay for the design of this improvement, and to dedicate and construct this much needed roadway improvement within the Property, in order to make it available and open to traffic well in advance of the planned 2005-2007 construction dates identified in the Metropolitan Planning Organization's Transportation Improvement Program. See Exhibit D to March 14, 2003 letter of intent. Applicant submitted as Exhibit E to its March 14, 2003 letter of intent a revised draft of a proposed Chapter 163 Development Agreement between Applicant and the City that (a) requires Owner to design this proposed roadway improvement, (b) ties application for building permits for Applicant's residential project to Applicant's application for approval of the plans for the roadway improvement, and (c) prohibits occupancy of the project until construction of the roadway within the Property is completed. Redesignation. Lack of exposure to the Biscayne Boulevard commercial corridor makes a successful commercial development on the Property unlikely. Accordingly, the Property's current Business and Office designation is inappropriate. Approval of the Applicant's request to redesignate the Property from Business and Office to Medium High Density Residential is appropriate since the adjacent lands to the east and south are also designated Medium High Density Residential and the project would serve as a good transition to the more commercial areas to the east. Furthermore, the approval of the Application would further the implementation of Objective 5 of the Comprehensive Plan's Transportation Element as the Applicant has conceptually agreed to complete the eastern extension of NE 185m Street to Biscayne Boulevard as identified by Map 2-5: City of Aventura Future Functional Classification & Number of Lanes - 2015 and Map 2-6: City of Aventura Future Traffic Volume and Level of Service - 2015. More important, the completion of the NE 185m Street extension would create a new Hurricane evacuation route for residents as required by Map 2-7: City of Aventura Future Hurricane Evacuation Routes - 2015. Rezoning. The Applicant is also requesting a rezoning of the Property to RlVlF4 in order to allow the development of the proposed mixed-use project at a density not to exceed 46 dwelling units to the acre. The proposed rezoning is consistent with the proposed Medium High Density Residential land use designation and will be compatible with residential properties to the south and east that are zoned either RMF4 or RlVI~3. The Applicant will proffer a Covenant in Lieu of Unity of Title that will limit density on the Property to no more than 46 dwelling units per gross acre, which is considerably below the 60 units per acre maximum density permitted in the RMF4 district. BERCOW & I:~;,LL Ms. Joanne Carr April 24, 2003 Page 7 Road Vacation. The Applicant is also requesting that a portion of NE 28th Court be vacated in order to develop in accordance with the proposed plan. The proposed closure will result in a public benefit as currently NE 28m Court does not provide traffic connections since it "dead ends" into the Property, and the Applicant will be providing the new right-of-way for the NE 185th Street extension. However, as noted on the Site Plan, this roadway will remain a private drive in order to provide ingress and egress to the future residents of Tracts B and C. Miscellaneous. Applicant's transportation engineer, Transport Analysis Professionals, has submitted under separate cover a traffic study showing compliance with all City requirements. Prior to City Commission hearing we will provide the required mailing labels for mailed notice to surrounding property owners. We submitted as Exhibit F to our March 14, 2003 letter of intent the requested and required executed and notarized Corporation Affidavit for each application together with a Disclosure of Interest. Compliance with City of Aventura Comprehensive Plan The Application is consistent with Policy 1.1 entitled Medium-High Density category as the total dwelling units per gross acre do not exceed sixty (60) dwelling units. Policy 5.1. After having submitted the site plan for review through the Design Review Committee process the site plan has been revised in order to ensure that the proposed uses and structures are compatible with all proximate land uses. Factors such as noise, lighting, shadows, glare, vibration, odor, run- off, access, traffic, parking, heights, bulk, scale of architecture elements, landscaping, buffering and safety have all been addressed, as applicable. Policy 4.7. The Applicant will comply with all transit shelter requirements, as necessary, at the time of development. Policy 9.2 Coastal Management Element. According to information provided by the Community Development Depaxtt,ent, the average occupancy for each multi-family residential unit in Aventura is 1.79 persons per unit. For each 117 persons, it takes an additional two minutes to evacuate. The comprehensive plan cap on evacuation is 12 hours and the City is at approximately 11.4 hours evacuation time. Based on the number of additional units provided by the proposed development, the approval of the application will not generate impacts that would exceed the 12-hour maximum. BE. RCOW & I%ad3F_ I Ms. J0anne Carr April 24, 2003 Page 8 Policy 1.7 Urban Design Element. After having addressed various issues raised through the Design Review Committee process, the site plan complies with Policy 1.7. The location of parking, curb cuts, walkways and landscape treatment has been designed to ensure maximum user safety. Levels of Service. The proposed development will not exceed any current level of service standard as set forth in Section 31-239 of the City's Land Development Regulations. The Applicant has previously submitted letters from the appropriate agencies indicating that there is currently service available to the Property. In addition, the Applicant's traffic report will demonstrate that the approval of the Application will not result in the affected roadways falling below acceptable service levels. In summary, approval of the Application would not be detrimental to the public welfare or injurious to other property since the proposed project will be compatible with the surrounding area. For all of the foregoing reasons, we request your favorable review and recommendation with respect to the Application. Mr. Homero Meruelo Mr. Jesus Velez Jorge Mouriz, AIA Ed Llorca, AIA Omar Armenteros, P.S.M. Manuel Echezarreta, P.E. Henry Fandrei, P.E. E F--RCOW & RAD LL BROWARD COUNTY COUNTY IVES DAI MIAMI GARDENS DR. Hospital Promenade Shops Gulfstream UB DR. aa /"~'", Park -- WATERWAYS 1 TER. ~ GIRCLE · Shoppes 207 ST. aa ~,LUB DR. ~VENTURA Aventura Mall t of Aventura 192 ST, 192 ST. Loehmann's w Fashion · Island las sT. SITE ~'~,~ ~}~' ,,3 (.: Dur~oundling / · Little 80ST. Lake · ./ ..' · oO°! . ! Ir'- · ° ! .. / ~...~ 01-REZ-03 EXHIBIT #3 01-REZ-03 MARCH 14, 2003 DRAFT DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is made and entered into as of the day of ,2003 by and between the City of Aventura, Florida a municipal corporation, ("City") and MERCO GROUP AT AVENTURA LANDINGS I, INC., MERCO GROUP AT AVENTURA LANDINGS II, INC. AND MERCO GROUP AT AVENTURA LANDINGS III, INC. (collectively "Owner"). RECITALS: WHEREAS, the Owner owns the property, consisting of approximately 9.02 gross acres of land (the "Property"), the legal description of which is attached hereto as Exhibit A; and WHEREAS, the Owner has proposed in the Application to develop the Property with the planned uses (the "Project") described in Exhibit B attached hereto; and WHEREAS, the Owner has filed applications for development approvals relating to the Property, including an application to amend the City of Aventura Comprehensive Plan, an application for rezoning, an application for site plan approval, an application for various variances required to develop the Project, and an application to close a portion of NE 28th Court (the "Applications"), with the City's Community Development Depa~ h, Lent; and WHEREAS, pursuant to the applicable City of Aventura Code provisions, the site plan for the property has undergone review by the City Staff; and WHEREAS, Owner has agreed to provide the design necessary public facility, NE 185~ Street extension, as well as dedicate needed right-of-way for N.E. 185· Street and construct such roadway within the Property, which will satisfy the needs of the Project and remedy an existing deficiency, which actions will also provide a significant enhancement to the quality and utility of other area roadways; and WHEREAS, this Agreement is intended to and shall constitute a Development Agreement among the parties pursuant to the Florida Local EXHIBIT #4 01-REZ-03 Government Development Agreement Act Sections 163.3220-163.3243, Florida Statutes (the "Act"); and WHEREAS, the City of Aventura City Commission has considered this Agreement at public hearings held on July 1, 2003 and September 2, 2003, and has determined that the Project and this Agreement are consistent with the City's Comprehensive Plan and the land development regulations the City has promulgated pursuant thereto; and WHEREAS, City has determined that it is in the public interest to address the issues covered by this Agreement in a comprehensive manner in compliance with all applicable laws, ordinances, plans, rules and regulations of the City, while allowing the Owner to proceed with the development of the Project in accordance with existing laws and policies, subject to the terms hereof, and the City has agreed to enter into this Agreement with the Owner. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Recitations. The foregoing recitations are true and correct and are incorporated herein by reference. 2. The Project. A description of the Project, including population densities, and building intensities, is attached to this Agreement as Exhibit B. 3. Applications for Development Approvals. Promptly following the effective date of this Agreement, the Owner will initiate and diligently pursue all applications for development permits (as defined by Section 380.031(4), Florida Statutes), which were not previously obtained. A list of all local development permits required to be approved for the development of the Property is attached hereto as Exhibit C. City shall process all development permit applications in a timely fashion and the City shall cooperate with the Owner (at no cost to the City) in processing all necessary development permit applications with Federal, County and State agencies as needed. 4. Funding for Public Facilities. (a) Owner agrees to dedicate to the City on the effective date of this Agreement the required road right-of-way for NE 185th Street, as it bisects the Property, in accordance with design plans for such roadway improvements to be prepared by Owner and approved by the City, Miami-Dade County, and the Florida Department of Transportation (FDOT), for construction of "Miami Gardens Drive Connection" (TIP project number 671363) as a new 4 lane facility from Biscayne Boulevard (US1) to NE 28t~ Court (the "185 St. Plans"). (b) Owner agrees to prepare the 185 St. Plans, and apply for approval of same from the City prior to applying for approval of the first building permit within the Project. City agrees to cooperate in its review of the 185 St. Plans and to provide expeditious review of such plans. Upon its approval of the 185 St. Plans, City shall prepare and submit all necessary applications to County, FDOT and other agencies for approval of such plans, and shall expeditiously process such applications to obtain necessary approvals. (c) After Owner has completed and City has obtained approval for the 185 St. Plans, Owner shall construct NE 185 St. within the Property and in accordance with the 185 St. Plans. Prior to issuance of the first certificate of occupancy for certificate of use and occupancy for the Project, construction of the portion of NE 185 St. within the Property shall be complete, certified and accepted by the City as acceptable. 5. Contribution-In-Lieu-Of-Fee Approval. Owner's commitment to pay for the preparation of the 185 St. Plans as set forth in paragraph 4 above, is expressly subject to approval of such payment as a roadway improvement contribution-in-lieu-of-fee, pursuant to Section 33E-10 of the Miami-Dade County Code Section IX of the Metro-Dade Road Impact Fee Manual. Owner acknowledges that only the offsite portion of such payment may receive contribution-in-lieu-of-fee approval, and Owner shall be required to apply for approval of such roadway improvement contributions-in-lieu-of-fee pursuant to the applicable provisions of the Code and Metro-Dade Road Impact Fee Manual, and City agrees to provide all necessary support for such application. Failure to receive an approval for such contribution-in-lieu-of-fee shall render the Agreement null and void. 6. Adequate Public Facilities. Pursuant to Section 31-239 of the City Code, the City has made affirmative concurrency findings that all of the public services and facilities necessary to serve the Project meet or exceed the established LOS standards. Furthermore, the City agrees that during the term of this Agreement, it shall provide and reserve concurrency-related public facility capacity for the Project. 7. Laws Governing this Agreement. The City's laws and policies governing the development of the Project and the Property at the time of the execution of this Agreement (including, but not limited to the City's concurrency management program as set forth in Section 31-239 of the City Code) shall govern the development of the Project and the Property for the duration of this Agreement. The City may apply subsequently adopted laws and policies to the Project only as otherwise permitted or required by the Act. 8. Consistency with the Comprehensive Plan. The City has adopted and implemented the Comprehensive Plan. The City hereby finds and declares that the provisions of this Agreement dealing the Property are consistent with the Comprehensive Plan and its adopted land development regulations. 9. Public Facilities and Concurrency. Owner and City anticipate that the Project will be served by those roadway transportation facilities currently in existence as provided by State, County and City roadways. It is also anticipated that the Project will be served by the public transportation facilities currently in existence, including those provided by Miami-Dade County, and other governmental entities as may presently operate public transportation services within the area. Sanitary sewer, solid waste, drainage and portable water services for the Project are expected to be those services currently in existence and owned and operated by the Miami-Dade County Water and Sewer Authority Department. The Project will also be serviced by any and all public facilities, as such are defined in Section 163.3221(12), Florida Statutes (2002), and as such are described in the Comprehensive Plan, specifically including, but not limited to, those facilities described in the Comprehensive Plan's Transportation, Infrastructure, and Capital Improvements Elements. A full listing of all such public facilities is set forth on Exhibit D attached hereto. 10. Recording of the Development Agreement. Within fourteen (14) days after the City executes this Agreement, the City shall record this Agreement with the Clerk of the Circuit Court of Miami-Dade County. The Owner shall submit a copy of the recorded Agreement to the State of Florida, Department of Community Affairs (DCA) within fourteen (14) days after this Agreement is recorded. This Agreement shall become effective only after (a) it has been recorded in the public records of Miami-Dade County, and Co) thirty (30) days have elapsed after DCA's receipt of a copy of the recorded Agreement. The Owner agrees that it shall be responsible for all recording fees and other related fees and costs related to the recording and delivery of this Agreement as described in this section. The provisions hereof shall remain in full force and effect during the term hereof, and, subject to the conditions of this Agreement, shall be binding upon the undersigned, and all successors in interest to the parties to this Agreement. Whenever an extension of any deadline is permitted or provided for under the terms of this Agreement, at the request of the either party, the other party shall join in a short-form recordable memorandum confirming such extension to be recorded in the public records of Miami-Dade County. 11. Term of Agreement. (a) This Agreement shall terminate on the date which is five (5) years from the effective date hereof. (b) In addition to the foregoing, the term of this Agreement may be extended by mutual agreement of the City and Owner in 2.5 year increments for up to an additional five (5) years from the effective date, subject to public hearing in accordance with §163.3225, Florida Statutes. City approval shall not unreasonably withheld provided that the City finds that the Owner has complied with the obligations applicable to Owner in Paragraph 4 above. No notice of termination shall be required by either party upon the expiration of this Agreement and thereafter the parties hereto shall have no further obligations under this Agreement. 12. Time for Completion. Owner shall commence development of the Project after the effective date of this Agreement, as set forth in paragraph 11, above. All permitting, infrastructure improvements and land development shall be completed prior to the termination of the Agreement. City acknowledges and agrees that all public facilities and services that are required to service the Project will be available concurrent with the Project's impacts during the term of this Agreement, and that Owner shall be permitted to complete the Project, as set forth in this Agreement, prior to the Agreement's termination date. 13. Default and Remedies. (a) In the event that Owner defaults under any of its obligations set forth in paragraphs 4 and 5 above, City is authorized to withhold issuance of any development orders and development permits until Owner has complied with the terms of this Agreement. Co) In the event of default by either party under this Agreement, the other party shall be entitled to all remedies at law or in equity. 14. Other Approvals. The parties hereto recognize and agree that certain provisions of this Agreement require the City and/or its boards, departments or agencies, acting in their governmental capacity, to consider governmental actions, as set forth in this Agreement. All such considerations and actions shall be undertaken in an accordance with established requirements of state statutes and county ordinances, in the exercise of the City's jurisdiction under the police power. 15. No Permit. This Agreement is not and shall not be construed as a development permit, or authorization to commence development, nor shall it relieve Owner of the obligations to obtain necessary development permits that are required under applicable law and under and pursuant to the terms of this Agreement. 16. Good Faith; Further Assurances; No Cost. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of, and to satisfy their obligations under, this Agreement in order to secure to themselves the mutual benefits created under this Agreement; and, in that regard, the parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement; provided, that the foregoing shall in no way be deemed to inhibit, restrict or require the exercise of the City police power or actions of the City when acting in a quasi- judicial capacity. Wherever in this Agreement a provision requires cooperation, good faith or similar effort to be undertaken at no cost to a party, the concept of no cost shall not be deemed to include any cost of review (whether legal or otherwise), attendance at meetings, hearings or proceedings and comment and/or execution of documents, all such costs to be borne by the party receiving a request to so cooperate, act in good faith or so forth. 17. Omissions. The parties hereto recognize and agree that the failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Owner of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction notwithstanding any such omission. 18. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express) or m. ailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to the City at: City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 With a copy to: City Attorney City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 If to Owner at: MERCO Group Inc. 5101 Collins Avenue Miami Beach, Florida 33140 With a copy to: Jeffrey Bercow, Esq. Bercow & Radell, P.A. 200 S. Biscayne Boulevard Suite 850 Miami, Florida 33131 Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given three (3) days after deposit in the U.S. mails. The terms of this Section 21 shall survive the termination of this Agreement. 19. Construction. (a) This Agreement shall be construed and governed in accordance with the laws of the State of Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. (b) In construing this Agreement, the use of any gender shall include every other and all genders, and captions and section and paragraph headings shall be disregarded. (c) All of the exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. 20. Severability. In the event any term or provision of this Agreement be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 21. Litigation. In the event of any litigation between the parties under this Agreement for a breach hereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial an appellate levels. The terms of this paragraph shall survive the termination of this Agreement. 22. Time of Essence. Time shall be of the essence for each and every provision hereof. 23. Entire Agreement. This Agreement, together with the documents referenced herein, constitute the entire agreement and understanding among the parties with respect to the subject matter hereof, and there are no other agreements, representations or warranties other than as set forth herein. This Agreement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought and subject to the requirements for the amendment of development agreements in the Act. 24. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform, excluding the financial inability of such party to perform and excluding delays resulting from appeals or rehearings commenced by the Owner (any such causes or events to be referred to herein as a "Force Majeure"), shall excuse the performance by such party for a period equal to any such period of prevention, delay or stoppage. Signed, sealed, executed and acknowledged this __ day of WITNESSES: MERCO GROUP LANDINGS I, INC. ,2003. AT AVENTURA Print Name: Print Name: By:. Print Name: Title: Print Name: Print Name: MERCO GROUP AT AVENTURA LANDINGS II, INC. By:. Print Name: Title: Print Name: Print Name: MERCO GROUP AT AVENTURA LANDINGS III, INC. By: Print Name: Title: Attest: CITY OF AVENTURA, FLORIDA By: By:. Theresa Soroka, Clerk Eric Soroka, City Manager EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY [INSERT LEGAL DESCRIPTION FOR AVENTURA LANDINGS PROPERTY] EXHIBIT B PROJECT LAND USES, DENSITIES AND INTENSITIES The Project includes the following described development, permitted on the Property as described in Exhibit A attached to the Agreement. Townhome Parcel. (South of Proposed NE 185m Street and west of current NE 28m Court). This parcel is 4.482 acres gross, and 4.07 acres net. Proposed development of this parcel is for 62 townhomes under the RMF4 and RMF3A zoning district regulations. Proposed maximum height is 3 stories or 35 feet. Condominium Parcel. (North of Proposed NE 185~ Street and west of NE 28th Court). This parcel is 2.30 acres gross, and 1.89 acres net. Proposed development of this parcel is for 205 condominium units under the RMF4 zoning district regulations. Proposed maximum roof height is 18 stories or 186' - 6'. Lofts Parcel. (South of NE 185th Street and east of current NE 28~ Court). This parcel is 1.952 acres in size. Proposed development of this parcel is for 138 loft-style apartment units under the RMF4 zoning district regulations. Proposed maximum height is 13 stories or 206' 10'. Outparcel. (South side of NE 185th Street, on northwest side of Townhome Parcel). The outparcel is .284 acres in size. No residential or other habitable development area is proposed for this parcel. Subject to approval by the City Commission, the Owner may install landscaping, a water feature, or other decorative elements on this parcel. EXHIBIT C LIST OF REQUIRED DEVELOPMENT PERMITS Department of Environmental Resource Management Permits Miami-Dade County Public Works Department Permits Miami-Dade Water and Sewer Authority Department Approval and permits South Florida Water Management District Permit (Storm Water Management) Full Building Permits, covering Foundation Electrical Plumbing Mechanical and Cooling Towers Elevator Fire/Life Safety Systems Roofing Glazing (Windows and Doors) Stair and Balcony Railings Signs Certificates of Use and Occupancy Such other permits as may be required by Federal, State and local law. EXHIBIT D PUBLIC FACILITIES The Project will be serviced by those roadway transportation facilities currently in existence as provided by State, County and local roadways. The Project will also be serviced by public transportation facilities currently in existence, as provided by Miami-Dade County, the Florida Department of Transportation, and such other governmental entities as may presently operate public transportation services within the area of the Project. Sanitary sewer, solid waste, drainage, and potable water services for the Project shall be those services currently in existence and owned or operated by Miami-Dade County, and/or the Miami-Dade County Water and Sewer Authority Department. The Project shall be serviced by those existing educational facilities owned or operated by the Miami-Dade Public Schools District, and shall be serviced by those existing parks and recreational facilities located in Aventura owned or operated by the United States Government, by the State of Florida, by Miami- Dade County, and by the City. The Project will also be serviced by any and all public facilities, as such are defined in Section 163.3221(12) of the Act, that are described in the City's Comprehensive Plan specifically including but not limited to those facilities described in the Comprehensive Plan's Transportation, Infrastructure, and Capital Improvements Elements. A copy of the Comprehensive Plan is available for public inspection in the offices of the City's Community Development Department. This instrument was prepared by: Name: Jeffrey Bercow Address: Bercow & Radell, P.A. 200 South Biscayne Blvd., Suite 850 Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIONS IN LIEU OF UNITY OF TITLE (Residential) KNOW ALL BY THESE PRESENTS that the undersigned Owner hereby makes, declares and imposes on the land herein described, these easements and covenants running with the title to the land, which shall be binding on the Owner, all heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, the undersigned Owner holds the fee simple title to the land located in the City of Aventura in Miami-Dade County, Florida, described in Exhibit "A," attached hereto, and hereinafter called the "Property,' which is supported by the attorney's opinion attached as Exhibit 'B,' and WHEREAS, Owner is desirous of developing the Property for residential purposes and wants to assure the City of Aventura that the integrity of the large scale development will be built in accordance with the proffered plans, and WHEREAS, Owner may wish to convey portions of the Property from time to time, or may wish to develop the same in phases or stages, or may wish to offer the units as condominiums and is executing this instrument to assure the City that the development will not violate the Code of Aventura when it is so developed, and WHEREAS, Owner intends to develop some or all of the buildings on the Property for sale to multiple owners or in a condominium or association format of ownership and/or in two or more phases, EXHIBIT #5 01-REZ-03 I NOW THEREFORE, in consideration of the premises, Owner hereby freely, voluntarily and without duress agrees as follows: This agreement on the part of the Owner shall constitute a covenant running with the land and will be recorded, at Owner's expense, in the public records of Miami-Dade County, Florida, and shall remain in full force and effect and be binding upon the heirs, successors and assigns of the respective parties hereto, until such time as the same is released in writing as hereinafter provided. The Property will be developed in accordance with the site plan entitled, "Aventura Landings", prepared by Mouriz/Salazar Architects dated last revised on June 6, 2003. No modification shall be effectuated without the written consent of the then owner(s) of the phase or portion of the property for which modification is sought, and the City Manager. The City Manager's approval determination shall be made pursuant to section 31-79(j) of the City's Land Development Regulations. Should the City Manager withhold such approval, the then owner(s) of the phase or portion of the Property for which modification is sought shall be permitted to seek such modification by application to modify the plan or covenant at public heating before the City Commission. If the subject property will be developed in phases, that each phase will be developed in accordance with the approved plan, except as othen~,ise modified pursuant to section 31- 78(k)(3)b.2 of the City's Land Development Regulations. o In the event of multiple ownerships subsequent to site plan approval, that each of the subsequent owners shall be bound by the terms, provisions and conditions of this Declaration of Restrictions in Lieu of Unity of Title. The Owner agrees that he or she will not convey portions of the Property to such other parties unless and until the Owner and such other party (parties) shall have executed and mutually delivered, in recordable form, an instrument to be known as an 'easement and operating agreement' which shall contain, among other things: a. Easements in the common ama of each parcel for ingress to and egress from the other parcels; b. Easements in the common area of each parcel for the passage and parking of vehicles; c. Easements in the common area of each parcel for the passage and accommodation of pedestrians; d. Easements for access roads across the common area of each parcel to public and private roadways; e. Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; f. Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; 2 Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; h. Easements on each parcel for attachment of buildings; Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; j. Appropriate reservation of rights to grant easements to utility companies; k. Appropriate reservation of rights to road rights-of-way and curb cuts; I. Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like. These provisions or portions thereof may be waived by the City Manager if they are not applicable to the subject property. The provisions of the easement and operating agreement shall not be amended without prior written approval of the Office of the City Attorney. In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the Property as to which the parties thereto may agree or the City Manager may require, all to the end that although the Property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan and in a coordinated and unified manner. This Declaration shall be in effect for a period of 30 years from the date the documents are recorded in the public records of Miami-Dade County, Florida, after which time they shall be extended automatically for successive pedods of ten years unless released in writing by the owners and the City Manager, acting for and on behalf of the City of Aventura, Florida, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes herein intended. Enforcement of the declaration shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party. No combination shall be approved where approval would allow a violation of any other provision of this chapter. The maximum residential density on the Property shall not exceed 45 dwelling units per gross acre. 3 10. 11. 12. 13. 14. As further part of this agreement, it is hereby understood and agreed that any official inspector of the City of Aventura, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. The provisions of this instrument may be released, amended, or modified from time to time by recorded instrument by the then Owner or Owners of all of the Property, with joinders by all mortgagees, if any, provided that the same is also approved by the Mayor and City Commissioners of the City of Aventura, after public hearing. Should this Declaration of Restrictions be so released, amended or modified, the Director of the Community Development Department, or his or her successor, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions, which shall remain in full force and effect. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. In the event of a violation of this Declaration, in addition to any other remedies available, the City of Aventura, is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approval, until such time as this Declaration is complied with. This Declaration shall be recorded in the public records of Miami-Dade County at the Owner's expense. [Execution pages follow] 4 Signed, sealed executed and acknowledged this WITNESSES: Print Name: day of__., 2003. MERCO GROUP AT LANDINGS, I, INC. By: Print Name: Print Name: Title: AVENTURA WITNESSES: Print Name: Print Name: MERCO GROUP LANDINGS, II, INC. By: Print Name: Title: AT AVENTURA WITNESSES: Print Name: Print Name: MERCO GROUP LANDINGS, III, INC. By: Print Name: Title: AT AVENTURA STATE OF FLORIDAt COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of ,20 , by , who is personally known to me or who has produced as identification and who did take/did not take an oath. Sign NOTARY PUBLIC: Print State of Florida at Large (Seal) My Commission Expires: 5 Administrative Director Aha Rijo-Conde, AICP April 7, 2003 Ms. Jeanne Carr, AICP, Planning Director City of Aventura Government Center 19200 West Country Club Drive Aventura, Flodda 33180 Re: Aventura Landings NE 28 Court and NE 185 Street Miami-Dade County School Board D~ Michael M. Krop, Chair D~ Robe~t B. Ingrain, Vice Chair Agustin J. Ban'em Frank J. Bola/~o$ Frank J. Cobo Pefla Tabares Hantman Betsy H. Kaplan D~ Marta P&rez Dr. Solomon C. Stinson Superintendent of Schools Merrett R. Stierheim Dear Ms. Cam Pursuant to the state-mandated and School Board approved lntedocal Agreement, local government, the development community and the School Board are to collaborate on the options to address the impact of proposed residential development on public schools where the proposed development would result in an increase in the schools' FISH capacity (permanent and relocatable), in excess of 115%. This figure is to be considered only as a review threshold and shall not be construed to obligate the governing agency to deny a development. Attached please find the School District's review analysis of potential impact generated by the above referenced application. Please note that all o the impacted school facilities meet the referenced review threshold. The proposed residential development will impact Ojus Elementary, Highland Oaks Middle School, and Dr. Michael M. Krop Senior High School currently operating at 184%, 171% and 145% of FISH capacity, respectively. However, utilizing the County's Census 2000 figures, the proposed residential development will increase the FISH capacityof Ojus Elementary, Highland Oaks Middle School, and Dr. Michael M. Krop Senior High School to 202%, 174% and 147%, respectively (please see attached analysis). As such, it is our recommendation that dialogue among all affected parties take place as it relates specifically to public schools in the affeeted area that meet the review threshold. Please note that S/S "PP1" and SIS "RP,1" are funded for construction and S/S "D" is currently funded in the facilities five-yearwork program for site acquisition, and for school construction. However, although it is possible that this school will serve all or a portion of this general area, the attendance boundary have not yet been established. As such, assurances cannot be provided by the School District that the proposed school will help to alleviate the impacts of the proposed development. EXHIBIT #6 01-REZ-03 Facilities Planning · 1450 N.E. 2nd Avenue, Suite 52b * Miami, Florida 33132 305-995-7280 · FAX 305-995-7295 · www. facll, dade. k12.fl, us Ms. Joanne Carr April 7, 2003 Page Two Also, attached is a list of approved Charter School Facilities countywide, which may provide relief to the area of impact, as well as a report depicting previously approved applications which impact the schools serving this development. Additionally, pursuant to Miami-Dade County's Educational Facilities Impact Fee Ordinance the proposed development, if approved, will be required to pay educational facilities impact fees (impact fees) based on the following formula: New residential unit square footage X .90 (Square Footage Fee) + $600.00 (Base Fee) + 2% administrative fee = Educational Facilities Impact fee As an example, assuming the proposed unit is 2,000 square feet, the 380-unit development is estimated to generate approximately $930,240 ($2,448 per unit) in impact fees. This figure may vary since the impact fees assessed are based on the actual square footage of each dwelling unit. In accordance with the Agreement, this letter and attached information should not be construed as commentary on the medts of the pending zoning application. Rather it is an attempt to provide relevant information to the Community Council on public schools that will likely serve the proposed development and meet the referenced threshold. As always, thank you for your consideration and continued partnership in our mutual goal to enhance the quality of life for the residents of our community. Coordinator III PG:am L-953 Attachment CC: Ms. Ana Rijo-Conde Mr. Femando Albuerne Mr. Ivan Rodriguez Ms. Vivian Villaamil SCHOOL IMPACT REVIEW ANALYSIS APPLICATION: REQUEST: ACRES: LOCATION: NUMBER OF UNITS: ESTIMATED STUDENT POPULATION: ELEMENTARY: MIDDLE: SENIOR: Aventura Landings Land use change from Business and Office to Residential and a rezoning from B2 (Community Business) to RMF4 (Multi-family High Density) .72 acres NE 28 Court and NE 185 Street 380 units 156 students* 84 38 34 SCHOOLS SERVING AREA OF APPLICATION: ELEMENTARY: Ojus Elementary - 18600 W. Dixie Hwy. MIDDLE: Highland Oaks Middle - 2375 NE 203 St. SENIOR HIGH: Dr. Michael M. Krop Senior - 1410 NE 215 St. * Based on Census 2000 information provided by the Miami-Dade County Department of Planning and Zoning. The following population and facility capacity data are as reported by the Office of Information Technology, as of October, 2002: STUDENT FISH DESIGN POPULATION CAPACITY PERMANENT % NUMBER % UTILIZATION OF UTILIZATION FISH DESIGN PORTABLE FISH DESIGN CAPACITY STUDENT CAPACITY PERMANENT STATIONS PERMANENT AND RELOCATABLE Ojus Elem 902/ 355 254%/ 134 184%/ 986* 278%* 202%* Highland Oaks 2385/ 1121 213%/ 270 171%/ Middle 2423* 216%* 174%* Dr. Michael M. 3556~ Krop Sr. 3590* * includes proposed development 2366 150%/ 79 145%/ 152%* 147%* ADDITIONAL SCHOOL INFORMATION: The following information was provided by school site personnel or other data sources in October 2002: O/us Elementary: Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non-instructional space utilized for instructional purposes: Teachers required to floatJtravel: In each classroom, in special computer labs and media center None Platinum Award for being an 'A" School and Superintendent's Recognition Award Before/After school care Enrichment classes Begins at 10:15 a.m. Cafeteria, Library, Art Room, Music Room and AV Room Art, Music, Spanish S/SL, CCHL and ESOL Hi~qhland Oaks Middle: Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non-instructional space utilized for instructional purposes: Teachers required to floatJtraveh Dr. Michael M. Krop Senior High: Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non-instructional space utilized for instructional purposes: Teachers required to float/travel: In each classroom, special computer labs and Media Center Cafeteria and Media Center "A" School None Begins at 11:28 a.m. Auditorium and Media Center Gifted Science In each classroom, in special computer labs and Media Center None Seaman's Award for the AP Test Scores in Math and Science Magnet programs, Vocational Begins at 10:18 a.m. Art Gallery, Storage rooms, Offices and Resource rooms Social Studies PLANNED RELIEF SCHOOLS IN THE AREA (information as of March 2003): School State School "PPI" State School "RRI" State School "D" Status Occupancy Date Planning N/A Site Search N/A In Progress Site Search N/A In Progress OPERATING COSTS: According to Financial Affairs, the average cost for K-12 grade students amounts to $5,833 per student. The total annual operating cost for additional students residing in this development, if approved, would total $909,948. CAPITAL COSTS: Based on the State's April-2003 student station cost factors*, capital costs forthe estimated additional students to be generated by the pmpesed development are: ELEMENTARY 84 x $13,185 = $1,107,540 MIDDLE 38 x $15,118 = $ 574,484 SENIOR 34 x $20,005 = $ 680,170 Total Potential Capital Cost $2,362,194 * Based on Information provided by the Flodda Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. PREVIOUSLY APPROVED DEVELOPMENT REPORT AVENTURA (JANUARY '01 - MARCH `03) TOTAL 7005 20 7025 4203 535 148% Revised 1116103 ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR THREE PARCELS OF LAND LOCATED ON NE 28 COURT AT NE 185 STREET, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2, COMMUNITY BUSINESS DISTRICT TO RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT; APPROVING A DEVELOPMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Ben Fernandez for Merco Group at Aventura Landings I, II and III, Inc., through Application No. 01-REZ-03, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation for three parcels of land (the "Property") on NE 28 Court at NE 185 Street, as legally described in Exhibit A attached hereto, from B2, Community Business District to RMF4, Multifamily High Density Residential District; and WHEREAS, the applicant has entered into a Development Agreement in order to guarantee compliance with self-imposed limitations on the development of the Property, attached as Exhibit "B" and incorporated by reference herein; and WHEREAS, the applicant has offered a Declaration of Restrictions in Lieu of Unity of Title that binds the Owner of the Property to certain limitations on the development of the Property, attached as Exhibit "C" and incorporated by reference herein; and Ordinance No. 2003- Page 2 WHEREAS, the City Commission concurrently with this rezoning application has considered a small scale Comprehensive Plan amendment to change the land use designation of the Property from Business and Office to Medium High Density Residential (01-CA-03); and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local planning agency has determined that the rezoning is consistent with the applicable provisions of the City Comprehensive Plan as proposed to be amended; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the application for rezoning and the proposed Development Agreement, and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan, as proposed to be amended; the intended use of the land as described in the Development Agreement; and the health, safety and welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this ordinance. Ordinance No. 2003- Page 3 Section 2. Official Zoning Map Amended. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for three parcels of land located on NE 28 Court at NE 185 Street (Folio Numbers 28-2203- 000-0271, 28-2203-000-0284 and 28-2203-000-0231) from B2, Community Business District, to RMF4, Multifamily High Density Residential District (see Exhibit "A" for Legal Development Agreement. The Commissionl hereby approves the Development Agreement, a copy of which is attached hereto as Composite Exhibit "B", and authorizes the City Manager to execute the Development Agreement on behalf of the City. The Applicant shall record the Development Agreement in the Public Records of Miami-Dade County, Florida, at its sole cost and expense. In furtherance of the development and upon approval of the Site Plan for the Property, the Owner also shall record the Declaration of Restrictions in Lieu of Unity of Title in the Public Records of Miami-Dade County, Florida, at its sole cost and expense. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. It is the intention of the City Description). Section 3. Ordinance No. 2003- Page 4 Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 6. Effective Date. This Ordinance shall be effective immediately upon the effective date of the small scale amendment to the Comprehensive Plan (01- CPA-03). The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Robert Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Robert Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Ordinance No. 2003- Page 5 PASSED on first reading this 1st day of July, 2003. PASSED AND ADOPTED on second reading this 2nd day of September, 2003. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CiTY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of September, 2003. CITY CLERK Exhibit A to Ordinance No. 2003- LEGAL DESCRIPTION: Tract A: The North 310.86 feet, of the following described property: A portion of the Southwest 1/4 of Fractional. Section 3, Township 52 South, Range 42 E0st, Miami-Dude County, Florida, being more particularly described us follows: Begin at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional section 3; thence N 89'59'25" W, along the South llne of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, of 'said Section .~, for 80.21 feet; thence N 0'01'45" E for 310.86 feet to a point on o curve (said point bears S 0-8'15" W from the radius point of the next described circular curve); thence Southecsterly, 0long a circular curve to the left (concave .to the Northeast). having a radius of 694.69 feet and u central angle of 0'6'50" for an arc distance of 1.31 feet to a point of tongency; thence S 89'58'15" E. along o line parallel with and 20.00 feet South of as measured at right angles to, the North line of the South 1/2 of the Northwest I/4 of the Southeast 1/4 of the Southwest 1/4 of said Section .3, for 431.94 feet; thence S 0'00'45" W, along the Westerly rlght-of-woy line of NE 28th Court and its Southerly prolongation os recorded in Official Records Book 6088, Page 160 of the Public Records of Miami-Dada County, Florida. for 760.62 feet; thence N 89'59'25" W, along a line parallel with and 449.91 feet South of, as measured at right angles to the North line of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 'of said Section 3, for 346.87 . feet; thence N 0-46'52" W, along the East tlne of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 4¢g.95 feet to the POINT OF BEGINNING. lying and being in Miami-Oode County, Flarido. Tract B: The South 449.91 feet, of the following described property: A portion of the Southwest 1/4 of Fractional, Section 3. Township 52 South, Range 42 East. Miami-Dude County, Flarido. being more particularly described os follows: Begin at the Southwest corner of the Northwest 1/4 of the Southeast I/4 of the Southwest 1/4 of said Fro~tlam31 section ;3; thence N 89'59'25" W. along the South line of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 80.21 feet; thence N 0'01'45" E for 310.86 feet to a point on o curve (said point bears S 0'8'15" W from the radius point of the next described circular curve); thepce Southeasterly, along a ciraulor curve to the left (concave to the Northeast), hoving o radius of 694.69 feet and o central angle of 0'6'50" for on arc distance of 1..31 feet to o point of tongency; thence S 89'58~1§" E, along a llne parallel with and 20.00 feet South of as measured at right angles to, the North line of the South 1/2 of the Northwest I/4 of the Southeast 1/4 of the Southwest 1/4 of said Section .3, for 431.94 feet; thence S 0'00'45" W along the Westerly right-of-way line of NE 28th Court and its SoutheHy prolongation cs recorded n official Records hook 6088. Page 160 of the Public Records af Miami-Dude County. Florida, far 760.62 feet; thence N 89'59'25' W. along o llne parallel with and 449.91 feet South of, os measured ~t dght angles to the North I~ce of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3. for 346.87 feet; thence N 0'46'52" W, aloha the East llne of'the Southwest 1/4 of the Southwest 1/4, of said Sec'don 3. for 449.95 feet to the POINT O~ BEGINNING, lying and being in Miami-Dada County, Florida. Tract C: A portion of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Fractional SecUon 3, Township 52 South, Range 42 East, Mlami-Oode County, Florida, being more particularly described as follows: Commence at the Northwest comer of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of the southwest 1/4 of said Fractional Section 3, thence run S 89-59'25 E along the North boundary of the East 1/2 of the Southwest 1/4- of the Southecst 1/4 of the Southwest 1/4 of said Fractional Section 3, o distance of 90.17 feet to the point of intersection with East rlght-of-woy boundary of Northeast 28th Court as de n thct certain rlght-af-wo Deed to Dad . sc 'bed in Pone 160 of the Public Y~ .... ,~o As ,~.~_.Co~o_n?. ~led .on .~$ep, t,ember 10. 1968, m Official Records Book 6066. v ......... ~*~rn~-~ooe ~ounty, rmnaa, being the POINT OF BEGINNING of the porasl of land hereinafter to be described; thence run S 0'00'45" W along the aforesaid described line, a distance of 361,28 feet to the point of intersection with a line that is 300 feet North of and parallel to the South boundary of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence mn N 8g'57'54' E along the last described line, o distance of 200,28 feet to a point, said point being 46,75 feet West of the East boundary of the Southwest 1/4 of the Southeast I/4 of the .Southwest 1/4 Of said Fr~ctlanal 3; thence run N 0'00'4-5' E along a line that is 200,28 feet East of and parallel to the said East boundary of Northeast 28th court, a distance of 361,18 feet to the point of intersection with the North boundary of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3, thence run N 8g'sg'25" w along the last described line, a distance of 200;28 feet to the POINT OF BEGINNING, Exhibit B to Ordinance No. 2003- MARCH 14, 2003 DRAFT DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is made and entered into as of the day of , 2003 by and between the City of Aventura, Florida a municipal corporation, ("City") and MERCO GROUP AT AVENTURA LANDINGS I, INC., MERCO GROUP AT AVENTURA LANDINGS II, INC. AND MERCO GROUP AT AVENTURA LANDINGS III, INC. (collectively "Owner"). RECITALS: WHEREAS, the Owner owns the property, consisting of approximately 9.02 gross acres of land (the "Property"), the legal description of which is attached hereto as Exhibit A; and WHEREAS, the Owner has proposed in the Application to develop the Property with the planned uses (the "Project") described in Exhibit B attached hereto; and WHEREAS, the Owner has filed applications for development approvals relating to the Property, including an application to amend the City of Aventura Comprehensive Plan, an application for rezoning, an application for site plan approval, an application for various variances required to develop the Project, and an application to close a portion of NE 28m Court (the "Applications"), with the City's Community Development Depm-h~Lent; and WHEREAS, pursuant to the applicable City of Aventura Code provisions, the site plan for the property has undergone review by the City Staff; and WHEREAS, Owner has agreed to provide the design necessary public facility, NE 185~h Street extension, as well as dedicate needed right-of-way for N.E. 185~ Street and construct such roadway within the Property, which will satisfy the needs of the Project and remedy an existing deficiency, which actions will also provide a significant enhancement to the quality and utility of other area roadways; and WHEREAS, this Agreement is intended to and shall constitute a Development Agreement among the parties pursuant to the Florida Local Government Development Agreement Act Sections 163.3220-163.3243, Florida Statutes (the "Act"); and WHEREAS, the City of Aventura City Commission has considered this Agreement at public hearings held on July 1, 2003 and September 2, 2003, and has determined that the Project and this Agreement are consistent with the City's Comprehensive Plan and the land development regulations the City has promulgated pursuant thereto; and WHEREAS, City has determined that it is in the public interest to address the issues covered by this Agreement in a comprehensive manner in compliance with all applicable laws, ordinances, plans, rules and regulations of the City, while allowing the Owner to proceed with the development of the Project in accordance with existing laws and policies, subject to the terms hereof, and the City has agreed to enter into this Agreement with the Owner. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Recitations. The foregoing recitations are true and correct and are incorporated herein by reference. 2. The Project. A description of the Project, including population densities, and building intensities, is attached to this Agreement as Exhibit B. 3. Applications for Development Approvals. Promptly following the effective date of this Agreement, the Owner will initiate and diligently pursue all applications for development permits (as defined by Section 380.031(4), Florida Statutes), which were not previously obtained. A list of all local development permits required to be approved for the development of the Property is attached hereto as Exhibit C. City shall process all development permit applications in a timely fashion and the City shall cooperate with the Owner (at no cost to the City) in processing all necessary development permit applications with Federal, County and State agencies as needed. 4. Funding for Public Facilities. (a) Owner agrees to dedicate to the City on the effective date of this Agreement the required road right-of-way for NE 185~h Street, as it bisects the Property, in accordance with design plans for such roadway improvements to be prepared by Owner and approved by the City, Miami-Dade County, and the Florida Depaxhitent of Transportation (FDOT), for construction of "Miami Gardens Drive Connection" (TIP project number 671363) as a new 4 lane facility from Biscayne Boulevard (US1) to NE 28th Court (the "185 St. Plans"). (b) Owner agrees to prepare the 185 St. Plans, and apply for approval of same from the City prior to applying for approval of the first building permit within the Project. City agrees to cooperate in its review of the 185 St. Plans and to provide expeditious review of such plans. Upon its approval of the 185 St. Plans, City shall prepare and submit all necessary applications to County, FDOT and other agencies for approval of such plans, and shall expeditiously process such applications to obtain necessary approvals. (c) After Owner has completed and City has obtained approval for the 185 St. Plans, Owner shall construct NE 185 St. within the Property and in accordance with the 185 St. Plans. Prior to issuance of the first certificate of occupancy for certificate of use and occupancy for the Project, construction of the portion of NE 185 St. within the Property shall be complete, certified and accepted by the City as acceptable. 5. Contribution-In-Lieu-Of-Fee Approval. Owner's commitment to pay for the preparation of the 185 St. Plans as set forth in paragraph 4 above, is expressly subject to approval of such payment as a roadway improvement contribution-in-lieu-of-fee, pursuant to Section 33E-10 of the Miami-Dade County Code Section IX of the Metro-Dade Road Impact Fee Manual. Owner acknowledges that only the offsite portion of such payment may receive contribution-in-lieu-of-fee approval, and Owner shall be required to apply for approval of such roadway improvement contributions-in-lieu-of-fee pursuant to the applicable provisions of the Code and Metro-Dade Road Impact Fee Manual, and City agrees to provide all necessary support for such application. Failure to receive an approval for such contribution-in-lieu-of-fee shall render the Agreement null and void. 6. Adequate Public Facilities. Pursuant to Section 31-239 of the City Code, the City has made affirmative concurrency findings that all of the public services and facilities necessary to serve the Project meet or exceed the established LOS standards. Furthermore, the City agrees that during the term of this Agreement, it shall provide and reserve concurrency-related public facility capacity for the Project. 7. Laws Governing this Agreement. The City's laws and policies governing the development of the Project and the Property at the time of the execution of this Agreement (including, but not limited to the City's concurrency management program as set forth in Section 31-239 of the City Code) shall govern the development of the Project and the Property for the duration of this Agreement. The City may apply subsequently adopted laws and policies to the Project only as otherwise permitted or required by the Act. 8. Consistency with the Comprehensive Plan. The City has adopted and implemented the Comprehensive Plan. The City hereby finds and declares that the provisions of this Agreement dealing the Property are consistent with the Comprehensive Plan and its adopted land development regulations. 9. Public Facilities and Concurrency. Owner and City anticipate that the Project will be served by those roadway transportation facilities currently in existence as provided by State, County and City roadways. It is also anticipated that the Project will be served by the public transportation facilities currently in existence, including those provided by Miami-Dade County, and other governmental entities as may presently operate public transportation services within the area. Sanitary sewer, solid waste, drainage and portable water services for the Project are expected to be those services currently in existence and owned and operated by the Miami-Dade County Water and Sewer Authority Department. The Project will also be serviced by any and all public facilities, as such are defined in Section 163.3221(12), Florida Statutes (2002), and as such are described in the Comprehensive Plan, specifically including, but not limited to, those facilities described in the Comprehensive Plan's Transportation, Infrastructure, and Capital Improvements Elements. A full listing of all such public facilities is set forth on Exhibit D attached hereto. 10. Recording of the Development Agreement. Within fourteen (14) days after the City executes this Agreement, the City shall record this Agreement with the Clerk of the Circuit Court of Miami-Dade County. The Owner shall submit a copy of the recorded Agreement to the State of Florida, Depa~hatent of Community Affairs (DCA) within fourteen (14) days after this Agreement is recorded. This Agreement shall become effective only after (a) it has been recorded in the public records of Miami-Dade County, and Co) thirty (30) days have elapsed after DCA's receipt of a copy of the recorded Agreement. The Owner agrees that it shall be responsible for all recording fees and other related fees and costs related to the recording and delivery of this Agreement as described in this section. The provisions hereof shall remain in full force and effect during the term hereof, and, subject to the conditions of this Agreement, shall be binding upon the undersigned, and all successors in interest to the parties to this Agreement. Whenever an extension of any deadline is permitted or provided for under the terms of this Agreement, at the request of the either party, the other party shall join in a short-form recordable memorandum confirming such extension to be recorded in the public records of Miami-Dade County. 11. Term of Agreement. (a) This Agreement shall terminate on the date which is five (5) years from the effective date hereof. (b) In addition to the foregoing, the term of this Agreement may be extended by mutual agreement of the City and Owner in 2.5 year increments for up to an additional five (5) years from the effective date, subject to public hearing in accordance with §163.3225, Florida Statutes. City approval shall not unreasonably withheld provided that the City finds that the Owner has complied with the obligations applicable to Owner in Paragraph 4 above. No notice of termination shall be required by either party upon the expiration of this Agreement and thereafter the parties hereto shall have no further obligations under this Agreement. 12. Time for Completion. Owner shall commence development of the Project after the effective date of this Agreement, as set forth in paragraph 11, above. All permitting, infrastructure improvements and land development shall be completed prior to the termination of the Agreement. City acknowledges and agrees that all public facilities and services that are required to service the Project will be available concurrent with the Project's impacts during the term of this Agreement, and that Owner shall be permitted to complete the Project, as set forth in this Agreement, prior to the Agreement's termination date. 13. Default and Remedies. (a) In the event that Owner defaults under any of its obligations set forth in paragraphs 4 and 5 above, City is authorized to withhold issuance of any development orders and development permits until Owner has complied with the terms of this Agreement. (b) In the event of default by either party under this Agreement, the other party shall be entitled to all remedies at law or in equity. 14. Other Approvals. The parties hereto recognize and agree that certain provisions of this Agreement require the City and/or its boards, depadanents or agencies, acting in their governmental capacity, to consider governmental actions, as set forth in this Agreement. All such considerations and actions shall be undertaken in an accordance with established requirements of state statutes and county ordinances, in the exercise of the City's jurisdiction under the police power. 15. No Permit. This Agreement is not and shall not be construed as a development permit, or authorization to commence development, nor shall it relieve Owner of the obligations to obtain necessary development permits that are required under applicable law and under and pursuant to the terms of this Agreement. 16. Good Faith; Further Assurances; No Cost. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of, and to satisfy their obligations under, this Agreement in order to secure to themselves the mutual benefits created under this Agreement; and, in that regard, the parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement; provided, that the foregoing shall in no way be deemed to inhibit, restrict or require the exercise of the City police power or actions of the City when acting in a quasi- judicial capacity. Wherever in this Agreement a provision requires cooperation, good faith or similar effort to be undertaken at no cost to a party, the concept of no cost shall not be deemed to include any cost of review (whether legal or otherwise), attendance at meetings, hearings or proceedings and comment and/or execution of documents, all such costs to be borne by the party receiving a request to so cooperate, act in good faith or so forth. 17. Omissions. The parties hereto recognize and agree that the failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Owner of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction notwithstanding any such omission. 18. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to the City at: City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 With a copy to: City Attorney City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 If to Owner at: MERCO Group Inc. 5101 Collins Avenue Miami Beach, Florida 33140 With a copy to: Jeffrey Bercow, Esq. Bercow & Radellt P.A. 200 $. Biscayne Boulevard Suite 850 Miami, Florida 33131 Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given three (3) days after deposit in the U.S. mails. The terms of this Section 21 shall survive the termination of this Agreement. 19. Construction. (a) This Agreement shall be construed and governed in accordance with the laws of the State of Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. (b) In construing this Agreement, the use of any gender shall include every other and all genders, and captions and section and paragraph headings shall be disregarded. (c) All of the exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. 20. Severabili.ty. In the event any term or provision of this Agreement be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 21. Litigation. In the event of any litigation between the parties under this Agreement for a breach hereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial an appellate levels. The terms of this paragraph shall survive the termination of this Agreement. 22. Time of Essence. Time shall be of the essence for each and every provision hereof. 23. Entire Agreement. This Agreement, together with the documents referenced herein, constitute the entire agreement and understanding among the parties with respect to the subject matter hereof, and there are no other agreements, representations or warranties other than as set forth herein. This Agreement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought and subject to the requirements for the amendment of development agreements in the Act. 24. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform, excluding the financial inability of such party to perform and excluding delays resulting from appeals or rehearings commenced by the Owner (any such causes or events to be referred to herein as a "Force Majeure"), shall excuse the performance by such party for a period equal to any such period of prevention, delay or stoppage. Signed, sealed, executed and acknowledged this __ day of ,2003. MERCO GROUP AT AVENTURA LANDINGS I, INC. Print Name: Print Name: By: Print Name: Title: Print Name: Print Name: MERCO GROUP AT AVENTURA LANDINGS II, INC. By: Print Name: Title: Print Name: Print Name: MERCO GROUP AT AVENTURA LANDINGS III, INC. By:. Print Name: Title: Attest: CITY OF AVENTURA, FLORIDA By:. By:. Theresa Soroka, Clerk Eric Soroka, City Manager EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY [INSERT LEGAL DESCRIPTION FOR AVENTURA LANDINGS PROPERTY] EXHIBIT B PROJECT LAND USES, DENSITIES AND INTENSITIES The Project includes the following described development, permitted on the Property as described in Exhibit A attached to the Agreement. Townhome Parcel. (South of Proposed NE 185th Street and west of current NE 28t~ Court). This parcel is 4.482 acres gross, and 4.07 acres net. Proposed development of this parcel is for 62 townhomes under the RMF4 and RMF3A zoning district regulations. Proposed maximum height is 3 stories or 35 feet. Condominium Parcel. (North of Proposed NE 185~ Street and west of NE 28th Court). This parcel is 2.30 acres gross, and 1.89 acres net. Proposed development of this parcel is for 205 condominium units under the RMF4 zoning district regulations. Proposed maximum roof height is 18 stories or 186' - 6". Lofts Parcel. (South of NE 185th Street and east of current NE 28t~ Court). This parcel is 1.952 acres in size. Proposed development of this parcel is for 138 loft-style apai-~i~ent units under the RMF4 zoning district regulations. Proposed maximum height is 13 stories or 206' 10'. Outparcel. (South side of NE 185th Street, on northwest side of Townhome Parcel). The out-parcel is .284 acres in size. No residential or other habitable development area is proposed for this parcel. Subject to approval by the City Commission, the Owner may install landscaping, a water feature, or other decorative elements on this parcel. EXHIBIT C LIST OF REQUIRED DEVELOPMENT PERMITS Department of Environmental Resource Management Permits Miarni-Dade County Public Works Department Permits Miami-Dade Water and Sewer Authority Department Approval and permits South Florida Water Management District Permit (Storm Water Management) Full Building Permits, covering Foundation Electrical Plumbing Mechanical and Cooling Towers Elevator Fire/Li~e Safety Systems Roofing Glazing (Windows and Doors) Stair and Balcony Railings Signs Certificates of Use and Occupancy Such other permits as may be required by Federal, State and local law. EXHIBIT D PUBLIC FACILITIES The Project will be serviced by those roadway transportation facilities currently in existence as provided by State, County and local roadways. The Project will also be serviced by public transportation facilities currently in existence, as provided by Miami-Dade County, the Florida Department of Transportation, and such other governmental entities as may presently operate public transportation services within the area of the Project. Sanitary sewer, solid waste, drainage, and potable water services for the Project shall be those services currently in existence and owned or operated by Miami-Dade County, and/or the Miami-Dade County Water and Sewer Authority Department. The Project shall be serviced by those existing educational facilities owned or operated by the Miami-Dade Public Schools District, and shall be serviced by those existing parks and recreational facilities located in Aventura owned or operated by the United States Government, by the State of Florida, by Miami- Dade County, and by the City. The Project will also be serviced by any and all public facilities, as such are defined in Section 163.3221(12) of the Act, that are described in the City's Comprehensive Plan specifically including but not limited to those facilities described in the Comprehensive Plan's Transportation, Infrastructure, and Capital Improvements Elements. A copy of the Comprehensive Plan is available for public inspection in the offices of the City's Community Development Department. This instrument was prepared by: Name: Jeffrey Ber¢ow Address: Bercow & Radell, P.A. 200 South Biscayne Blvd., Suite 850 K4iami, FL 33131 Exhibit C to Ordinance No. 2003- (Space reserved for Clerk) DECLARATION OF RESTRICTIONS IN LIEU OF UNITY OF TITLE (Residential) KNOWALL BY THESE PRESENTS that the undersigned Owner hereby makes, declares and imposes on the land herein described, these easements and covenants running with the title to the land, which shall be binding on the Owner, all heirs, successors and assigns, personal representatives, mortgagees, lessees, and aga!nst all persons claiming by, through or under them; WHEREAS, the undersigned Owner holds the fee simple title to the land located in the City of Aventura in Miami-Dade County, Florida, described in Exhibit "A," attached hereto, and hereinafter called the "Property,' which is supported by the attorney's opinion attached as Exhibit "B," and WHEREAS, Owner is desirous of developing the Property for residential purposes and wants to assure the City of Aventura that the integrity of the large scale development will be built in accordance with the proffered plans, and WHEREAS, Owner may wish to convey portions of the Properb/from time to time, or may wish to develop the same in phases or stages, or may wish to offer the units as condominiums and is executing this instrument to assure the City that the development will not violate the Code of Aventura when it is so developed, and WHEREAS, Owner intends to develop some or all of the buildings on the Property for sale to multiple owners or in a condominium or association format of ownership and/or in two or more phases, NOW THEREFORE, in consideration of the premises, Owner hereby freely, voluntarily and without duress agrees as follows: This agreement on the part of the Owner shall constitute a covenant running with the land and will be recorded, at Owner's expense, in the public records of Miami-Dade County, Florida, and shall remain in full force and effect and be binding upon the heirs, successors and assigns of the respective parties hereto, until such time as the same is released in writing as hereinafter provided. The Property will be developed in accordance with the site plan entitled, "Aventura Landings", prepared by Mouriz/Salazar Architects dated last revised on June 6, 2003. No modification shall be effectuated without the written consent of the then owner(s) of the phase or portion of the property for which modification is sought, and the City Manager. The City Manager's approval determination shall be made pursuant to section 31-79(j) of the City's Land Development Regulations. Should the City Manager withhold such approval, the then owner(s) of the phase or portion of the Property for which modification is sought shall be permitted to seek such modification by application to modify the plan or covenant at public hearing before the City Commission. If the subject property will be developed in phases, that each phase will be developed in accordance with the approved plan, except as otherwise modified pursuant to section 31- 78(k)(3)b.2 of the City's Land Development Regulations. In the event of multiple ownerships subsequent to site plan approval, that each of the subsequent owners shall be bound by the terms, provisions and conditions of this Declaration of Restrictions in Lieu of Unity of Title. The Owner agrees that he or she will not convey portions of the Property to such other parties unless and until the Owner and such other party (parties) shall have executed and mutually delivered, in recordable form, an instrument to be known as an 'easement and operating agreement~ which shall contain, among other things: a. Easements in the common area of each parcel for ingress to and egress from the other parcels; b. Easements in the common area of each parcel for the passage and parking of vehicles; c. Easements in the common area of each parcel for the passage and accommodation of pedestrians; d. Easements for access roads across the common area of each parcel to public and private roadways; e. Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; f. Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; 2 o Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; h. Easements on each parcel for attachment of buildings; Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; j. Appropriate reservation of rights to grant easements to utility companies; k. Appropriate reservation of rights to road rights-of-way and curb cuts; I. Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and mo Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like. These provisions or portions thereof may be waived by the City Manager if they are not applicable to the subject propetty. The provisions of the easement and operating agreement shall not be amended without prior written approval of the Office of the City Attorney. In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the Property as to which the parties thereto may agree or the City Manager may require, all to the end that although the Property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan and in a coordinated and unified manner. This Declaration shall be in effect for a pedod of 30 years from the date the documents are recorded in the public records of Miami-Dade County, Florida, after which time they shall be extended automatically for successive pedods of ten years unless released in writing by the owners and the City Manager, acting for and on behalf of the City of Aventura, Flodda, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes herein intended. Enforcement of the declaration shall be by action at law or in equity with costs and reasonable attomey's fees to the prevailing party. No combination shall be approved where approval would allow a violation of any other provision of this chapter. The maximum residential density on the Property shall not exceed 45 dwelling units per gross acre. 10. 11. 12. 13. 14. As further part of this agreement, it is hereby understood and agreed that any official inspector of the City of Aventura, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. The provisions of this instrument may be released, amended, or modified from time to time by recorded instrument by the then Owner or Owners of all of the Property, with joinders by all mortgagees, if any, provided that the same is also approved by the Mayor and City Commissioners of the City of Aventura, after public hearing. Should this Declaration of Restrictions be so released, amended or modified, the Director of the Community Development Department, or his or her successor, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions, which shall remain in full force and effect. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. In the event of a violation of this Declaration, in addition to any other remedies available, the City of Aventura, is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approval, until such time as this Declaration is complied with. This Declaration shall be recorded in the public records of Miami-Dade County at the Owner's expense. [Execution pages follow] 4 Signed, sealed executed and acknowledged this WITNESSES: Print Name: __day of ., 2003. MERCO GROUP AT LANDINGS, I, INC. By: Print Name: Print Name: Title: AVENTURA WITNESSES: Print Name: Print Name: MERCO GROUP LANDINGS, II, INC. By: Print Name: Title: AT AVENTURA WITNESSES: Print Name: Print Name: MERCO GROUP LANDINGS, III, INC. By: Print Name: Title: AT AVENTURA STATE OF FLORIDA, COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of ,20 , by , who is personally known to me or who has produced as identification and who did take/did not take an oath. Sign NOTARY PUBLIC: Print State of Florida at Large (Seal) My Commission Expires: ~, PLICANT REPRESENTATIVE AFI-,,.,AVIT Name Relationship ~.e. ~ ,~,~.c~. ~ Ben Fernandez~ Esq. Mouriz/Salazar & Assoc. Attorney Architects Manuel Echazaretta Engineer NOTICE:ANY STATEUEtfl' OR REPRESF. Ifl*ATION UADE BY ANY PB~ON LISTED ON ~ APPM~ANT REPRESEIfl'AIWE AFfiDAVIT ~ BE BINIXNG UPON T~E II~WIDUAL Off ElflTI'Y APPLYING FOR THE DEVELOPUENT PERIET AND TtlE OWNER OF 'i~lE SU~ECT PROPERTY. APPUCAtflS ANO AFFIAI~S ADVISED TO TIUEt.Y SUPPLEUENT THIS AFfiDAVIT PURSUAIfl' TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CCI'Y CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCATION BY THE CITY BOARD OR COUMISSIO~ THE INFORMATION PROVIDED iN THE AFF~E)A~ BECOMES INCORRECT OR INCOMPLETF_ Name, ue. ~e_rnan.ez,{.zsq. ~ ._-o.m?~ Meruelo / Homero Meruelo & STALE O6 ~O~OA ) COt%NY OF ~Na~AD~ B~we me ~e u~ ~ W~som~y a~geamd Ben Fernandez GWOF~ TO AND 8U~BEO BEFORE ME tlls 3 $:~a¥ d..F._e.]~. b,JSINESS RELATIONSHIP AFFIDA ,, * ]his Affidevit is made porsuant to Section 3t-71(b)(2)('~ o! the City o! Aventura Land Oevelopment Code. '~e undersigned Athant hereby [X{ 1. Nf~t does not have a Business Relatioesh}p v,~th any member of the City Commission or any City Advisory Board to which the application will be presented. { } 2. Nliant hereby discloses that it does have a Business Relationship with a member o! the City Commission or a C~ Advisoq Board to which the ~ will be presented, as loflows: se~ves). (List name of Commissioner or Advisory Board Member) who sewes on the The nature o! the Business Relationship is as follows: Ill Member ol City Commission or Board hotds an ovmership interest in excess of 1% ol total assets or capital stock of Ai~Scant u Representative; [iii. [iai. The Ai~cant o~ Representative is a Client o! a member o! the City Commission or Board or a Client of ~nother proleaslonal woddng from the same office or lor the same employer as the member of the [ ] iv. A City Commissioner or Board member is a Client o! the/kopr~ent or Representative; !Iv. The Appr~cant or Representative is a Customer ol the member o! the City Commission or Bca~d (or o! his or her empinyer) and transacts more than $10,000.00 o! the business of the member of lime City Commission or Board (or his or her enkoloye0 in a given calendar year;, vi. The member of Ihe City Commission or Boad is a Customer ot the AppScant or Reixesentative and transacts more Ihan $25,000.00 o~ the business o{ ~e Appr~ant or Representative in a given WTTNF-~ MY ~OAY OF ,-2002 ' ~ESS MY I'tN, IO'II-ltS __ DAY OF ,2001. PROPERTY OWNER: ey: (,S/gna;ure) Name: Tilte: ,Se~,on 2-395 of the Aventura City Code. Name: Tee: Tee: 1) Use dupl~cMa dteets l( dtr, dos~re kd*oaaitk)a IQ(' pa~preseldaUye t-a~es BUSINESS RELATIONSHIP AFFIDAVIT* 'ibis/~TK~avit is made pursua~ to Sec~ofl 3t -71Co)(2)Ca'J of I~ C,~ o( Ave~twa Land Development Co<~. ~e u~ ,~tc~t heceby 112. [iL Membm' d C~y C4xm~r,~,:.~ m' I~a~:l Ixdds an ov,'~m~'t~ k~tm'e~ k~ e~ d 1% d Io~1 asse~ or Iii. [ltv. A C~/Cmnmi~k3om' m' B4~ad membe~ is a C~ie~t o( ~e/~Gcant oH:te~e~a~ve; []v. W ~ o~ ~ emp~eO b a ~'r~en calen~b~ ye~. WITNESS MY HAND THIS ~ DAYOF February .200 3. N~me. D~--n Fr.'r'd?/na.~ (Print) Name:. Tl~e: At~nrn~y (Pdnt) Title:. (Signature .(Prht) 8~ (Signature) By:. (Signature Name: (P~t) Name: (Print) Tmi [Print) T~le: ~ (S~;~vure) ~ (S~naure .ame~ ~ tame: (e~ Tm: (~nO 'r~ Ov~O B~ ($~gnature) By:. (S~gnature Name: (Print) Ne, me:. .(P~t) Tilie: (Pdnt) T~e: (Pr/nO By:, (Signature) By:. (Signature I, bme:. ~P~nt) Name: (p~) 'me:. le~TE 1) Use duptlcate sheets I~ dLse. Josure kttom~tle~ lot Representative varies 2) Applicants and Affiants me advtsed to timely supplement thts Affidav~ pursuant to Sec. ~1-71(bX2){iv) of the C~/'$ Ltml Developmeat Regutaflons la rite City Code. kt the event that prior to coaskier~tioa o! the app[b,~tlon by the CRy Board or Commtsslo~ the IMom~atkm prox, tded kt the Affidavit becomes Im~orreot or Inoomptete. BUSINE88 RELATIONSHIP/hCRDAVlT' 11~ .,qf~d~ is m~de pursuant to ~ 31-71{b)~{h] o[ ~e ~ of ^ve~tum Land Oevelapme~ Code. '~e un~ersi~ined Nfk~lt hereby ~ ~l~ (man~ v~h 'x' appr~3bh podi~s .~f~n~ do~ not h~ve a ~ss Re~onship .,~h any member of ~ C,~/~3mmission (x a~y r~ A~ Board to which Ihe app~a~o~ v~ll be ~'e~ented. [12. IlL []~i. []iv. A CAy Commtssloeer o~ 64~rd member is a Cli~t of the/kop~ca~t or Rapresa~t~e; [Iv. Commiss~ ~x B<~<~d (o~ ~ o~ he en~r) In a g~n calen(~ yeah. "fl~ lerms 'Business R_~._~' "Cr,,a~" "Customer.' "~' ~" and fl~teres~ pa.sm" am de~ned h Sac~n ~.,S~5 ~ me Aven~m ~ C<~e, (Signature Hame: (Prk~ Hame: (Pnht) ~ 1) Useduplict~edteetsl~dlsdosurekt~ommfon~ocReprese~taUve~rades OTA.~ZA N IsP. O~SION BUSINESS RELATIONSHIP AFFIDAVIT* Nrant does not I~ a Business Reia~iaship v~th any member ol Ihe Ci[y Commissio~ ot any City/d~f~/ Board to ','~ic~ the app~c~.tlo~ v~ be ixesented. IlL [1[ · Jla. klember d Ctty Comm~ss~ m B<md ho4ds an ow~ btemst in ex~ess e~ 1% d iotal assets o~ ~ .fl~or-cant ~ Ftepmsa~ Is a Ca~ of a ~ of IM City ~ u Board or a Carat []iv. ^ C, it'/Commissbaer o~ Board me,'pbeHs a ~ent of tl~/~Scaat o~ Representative; Ids or he~ employer) end tmmacts mom tha~ $10,000,00 of ~e business of ihe member of ihe City Commissio~ or Board (or ~ m' I~' employer) In a give~ calendar yea~, []vi. 3~e memba, of Iha C~y Ca.amiss~ a. B(~:i is a Customa. d t~e .~,r.~:~ or i:~{xesea~ and ............ ~~-.~ $25,00o~ of t~a business o( te .'~ ~x Ra~ in a give~ W~MY ~MD ~DAY Of: Febr~iary , ~00.~ mu AcPUCANT REPRESENTATIVE AFF,,.,AVIT Name Relationship ~,e, ~am.~ JEFFREY BERCOW ATTORNEY 14OTlCE:AI4Y STATEMEHT OR REPRESENTATION MADE BY Ally PERSON LISTED ON Tile APPUCANT REPRESENTATIVE AFRDAVlT SHALL BE Btt, IO(HG UPON THE If4t~/IOiJAL OR EHlll f APPLYING FOR THE DE~PUEHT PER&tIT ARB THE OWl(ER O.F THE SUBJECT PROPERTY. APPU~ AliT) AFRAHTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(BX2)(N) OF THE CiT~ I. AND OEVELOPUENT REGULATIONS IN THE CtTt' COOE, IN THE EVEN%' TI'[AT PRIOR TO CONSIOERATION OF THE APPUCATION BY THE CiTY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. MARCH MIAMI, FI, 33131 ,200t2002 ~ Name: HOME]~O MERTIRT.~ ~ P~YDENT ~ 5101 ~LLINS A~NUE MI~I BEACH, FL 33140 P~n~dName~No~yLISA C BROOKS - BUSINESS RELATIONSHIP AFRDAVIT* l~s Nf~a~ is made pursuafli to Sectk~ 31-71(t))~('a') ol the C~ o~ Avefltuta Land 0evek~t Code. The ut~-Jsig~ Nfta~t hereby ~es ~t (mark with 'x' ~ I. Afl'ant does not have a Business Relationship with any member of the C~ Commissien ~ any City Advisor/ "* Board to wtd~ gm ai~icafion v/df be ixesented. (List Ck'y Commiss~ o~ City ,N:lvisor/ Board ~ which member ill 11e ARor~cant o¢ Reffe~e~taffve Is a Cae~t of a memba' d the Ciiy Commlssio~ a. Board a. a C~ant [J~. [Iv. A City C-,ommisslan~ or Board membe' is a Cliem of the Ap~:aflt (x RepresantaUve; Name:. Homej~b-- Meruelo ~ /,~ESSMY/~OTHIS 19 OAYOF MARCH By:. ' ,v /~ .I/~ / '4/ (Signature) By:. // /\v · Nam~JEFF?EY BERCOW fPdnt) Name: T~e:. ATTORNEY .(Pdnt) T~e: ~2002 (Signature .(P~O By:.. [Signature) By:.. (Signature Name: (Pdnt) Name: (P~t) 'i'm:i (P~t) T~Ue: (Print) By:. ($gnature) By:. (.Signature mme. (e~t~O Name: (Print) Tm: (Print) 'rm., (p~ By:. (Signature) By:. (Signature Name:. .(Print) Name: (P~t) T~: (Prht) Tae:. (Print) By:.. (Signature) By:.. (Signature Name: (P~nt) Name: T~e: (Prat) T~Je:. (PdnO ~r. (~e) ~. Tm: fi'mO T~e:. (Pent) NOTE: 1) Use duplicate sheets tf disclosure taformatloa lot Representative vades 2) Applicants and Affiants are edvtsed to timely supplement this Affidavit pursuent to Sec. 31-71(b)(2}(iv) o! the City's Land Oevelopmeat Reguletloas la the City Cede, ia the event ~at prior to consideretloa o! the .ppltcation by the City Board or Commission, the Iflloanatlofl provided Iff the Affidavit becomes lacorrect or Incomplete. STATE OF R.ORE~ ) No~ay PubEc State dl=bdd~ At I i~ge Prated Name ~ f,~ ~y co~w~sd~ expkes: ~4'A~ 0{= F:LOf~OA ) · e Nt'ant, who bebg E'st by me dW s,~,a, ¢~ swear u aE~ ~t oouen'Y oF taNa.oN:~-) iami Hcral Published Daffy MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: FRANK TOMASINO Who on oath that he is: ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daffy newspaper at Miami in Dade county, Florida; that the advertisement for City Of Aventura was published in said newspaper in the issue of: Thursday, June 1~)th, 2003; The Miami Herald, Locsl Section; Page 9B. Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade, County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. FRANK TOMASINO Sworn to and subscribed before me This ~-~ .day of ~.~ Lisa Ann Hernandez A.D. 2003 ~,~ Lma Ann Hern~ndez '~,,,~.t~xe ~ ~ Co., I~ 900 West 49th Street, Suite 500, Hialeah, Florida 33012 CITY OF AVENTuRA. NOTIGE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN AND NOTICE OF AMENDMENT TO OFFICIAL ZONING MAP Public Notice is hereby given that the City of AVentura Local Planning Agency will meet in a oublic hearing on Tuesday, July 1 2003 at 6:00pm to make a 'ecommendation regarding the adoption of the following Ordinances: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED ONNE 28 COURT AT NE 185 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT '"A" TO THI.S_.~.D. INA_NC_E~ FROM BUSINESS AND OFFICE TO MEDIUM HIGH-'DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. [see map for property location) immediately following the Local Planmng Agency meeting, the City Commission of me City of. Aventura, .as the governing body, will consider on iirst reading at a public hearing Amendment of the Comprehensive Master Plan and Amenomen~ to the Officia, Zoning Map Ordinances ~. The Public Hearing V~ill b'e hel~ '~ City of'Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Ordinances may be inspected Dy the public at the Office of the City Clerk. 19200 West Country Club Driw, Aventura Florida. Interested parties may appear at the Public Hearing and be heard w~th respect to the proposed Ordinances In accordance.with the Americans with Disabilities Act. of 1990, all )ersons who are disabled and who n~ed spec a accommodations to participate in this proceeding because of that disabilit~ should contact' the Office of the City Clerk, (305) 466-8901. not'dater than twc business days pnor To such ergceedings: ' If a oerson decides'fo appeal any decision made 'by Ihe .City Commission with respect toany matter considered at a meeting or hearing, that persoh wili ~ee~d ~ ~'ecord of the proceedings and, for such purpose, may nebd to ~nsure that a -~erbatim record o¢ the oroceedings is made. which record ncludes the;testimony and · evlaence uPOn which the aopeal is to be based. "' ' Teresa M. SoroKa. CMC. City Cl~rk AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR THREE PARCELS OF LAND ON NE 28 COURT AT NE 185 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THE ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT; APPROVING A DEVELOPMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. ~see map for pmperty IocaUon) MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday. Sunday and Legal Holidays Miami, Miami-Dada County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dada County, Florida; that the attached copy of adver[isement, being a Legal Advertisement of Notice in the matter of CiTY OF AVENTURA'S INTENT TO CONSIDER A DEVELOPMENT AGREEMENT WiTH MERCO GROUP, ETC. JULY 1, 2003 in the XXXX Court, was published in said newspaper in the issues of 06/24/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-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 Miami-Dada County, Florida, for a pedod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, .rebate, commission or refund for the purpose of securingS§ ad~ve~;tie~ent for publication in the said Sworn to and/~scribed before met/~/ 24 y of E , 20 (SEAL) ~ OFHCLAL NOTARy SEAL · O.V, FERBEYRE persor~ll.y_k_nownJ[6~l~T LLEP.~NA / I~'rAi~Y PU~uc s'rA~ O~ ~W..OR~D^/ J COMMISSION NO. CC 9129,58 J deveepment agreement ~dh Merco Om~ at Aventura I.axl~ge I. Inc.., Marco Group at Aventura Landings II. Ir~ ~ Me~o Group at Ave~um Landings III. inc. ~ J~l~ 1, 2003 at 6:00 p.m. et I~e City of Aventura Govemmeat Center, 192~0 West Country Club Ddve. ^venture. FIo~la, future NE 185 Street in Ihe Ck~ of Aveatum. 331e I~gal --a~'----il,~ ~ the land Is as fottows: Tm~ A: A ix~,on ~ ~e ~x~t ~ of Fmctloaal Section $, Tract B: A ~x)~oo of Ihe mx~hw~'t % o~ Frsc~3nal ~- -e~'~-- 3, TewnsNp 52 Seth. Range 42 Ea~ MIm'~43ade C.~ So~th. Range 42 Ea~ Maml-Da~e Ceur~ NHylng at the latemec~on of NE 28 Cou~ a~l NE 185 Street In the City,of Aventura · be censtn~t~ under the Cay'$ RMF4 z~x~ng dl,~t mgula6m~. ~/dh 62 townhome un~. 205 condominium ~ a~d 138 k~.er~ aparlment ~nlls, for a t~al of 405 resl~enllal unl~: 'lt~ ~ vdll have 13t,645 ~/~40~ ~ ~.~/~74'/'77M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, MiamioDade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/lEa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING 7/1/2003 Y & A iNVESTMENTS, INC. / 06-VAR-03 in the XXXX Court, was published in said newspaper in the issues of 06/20/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dada County, Florida and that the said newspaper has heretofore been continuously published in said Miami-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 Miami-Dade County, Florida, for a pedod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose newspap~~.~°f securing this vertise ublication in the said Sworn to/nd subs./~d before me thins .~//~ ~ I ~AL Nor,~¥ steAL ' I / OAL FERBEYRE I~ersonally ~[~,t~RENA ~ INCrrARY PU~ UC STAT~ OF R4)PJDA I ~ J COMMI~ION NO. CC 912958 J clrl' OF AVEIITIJIIA J)'tl(~ OF PUJJ~ ImAmlliJ Date Mid Time of Public ~ead~l: Tuesday, July 1.2003 6:00p.m. 1, A valance from Sectk~ 31-144(cXSXd) ~¢ Ihe City's Land 2. ~ '.~,I~-,c-~ finn Sedion 31,t44(cXSXd) el' the Cly~ Land of 12'9', whe~ a 20' eelback b reqal~l by Co~e. 5. A 'va~mnce ;.,~,, E.-~-=~, 31-17t~a){'~ ol'.~e C~.,y's ~ Code. 6. A vadance from Sec6on 31-1~I~ Ct~il~i~Dewl~- pa~ng W ammqui~C_M-_.. . 03..3..41/373920M June 12, 2003 Jeffrey Bercow, Esq. Bercow & Radell 200 S. Biscayne Boulevard Miami, Florida 33131 Re: Sirena at Aventura Dear Mr. Bercow; Miami Economic Associates, Inc. has performed analysis to determine whether re- designation of a 9-acre parcel (the "Subject Property~) within the City of Aventura from Business and Office to Medium High Density Residential use is appropriate from the perspective of market, fiscal and economic considerations. The Subject Property is located east of Biscayne Boulevard and will straddle the alignment of Miami Gardens Drive when that roadway is extended east from Biscayne Boulevard. If re-designated as proposed, the Subject Property would be the site of the Sirena at Aventura project that will be comprised of 405 residential units including condominium apartments, townhouses and lofts. This letter summarizes the findings of the analysis performed. Summary of Findings MEAl strongly believes that the Subject Property should be re-designated for to permit the proposed residential based on the market, fiscal and economic considerations discussed below. Market Considerations Designation of the Subject Property for Business and Office Use is inconsistent with the realities of the Aventura market. As a result, it will likely remain undeveloped for the foreseeable future if the current land use designation is maintained. Altematively if it is re-designated for residential use, its development would enjoy immediate market support. Factors leading to this assessment are as follows: Retail Use The Subject Property's lack of frontage on Biscayne Boulevard renders it a secondary retail location. The importance of high visibility from Biscayne Boulevard is demonstrated by the experiences of Loehmann's Fashion Island and the Promenade Shops, the two largest shopping canters within the City other than the super-regional Aventura Mall. The City of Aventura is a strong retail marketplace reflecting the high density and relative affluence of its population. Survey of all the major retail properties within the City reveals 6861 S,W. 89~ Tm IIl~nl, Florida 33156 Tel: (305) 6690229 Fa]= (305) 669-8534 Emil: mealnkGteloclty, com Jeffrey Bercow, Esq. June 12, 2003 Page 2 few, if any, vacancies, except at Loehmann's Fashion Island and Promenade Shops. Leaving aside Aventura Mall which is unique among the properties surveyed by virtue of its size and the drawing power of its anchor tenants, Loehmann's Fashion Island and Promenade Shops are also the only two retail facilities surveyed in which the majodty of tenants do not enjoy visibility from Biscayne Boulevard. The current rate of vacancies at Loehmann's Fashion Island reflects the fact that the property is proposed for redevelopment. However, redevelopment of the property is being considered because it has historically struggled to achieve an occupancy rate above 85 percent. Retail leasing and management specialists familiar with Loehmann's Fashion Island unanimously believe that the facility's design that limited visibility from Biscayne Boulevard to only a few tenants at the west end of the project has been the most prominent factor for its historically poor rate of occupancy. Promenade Shops are located immediately northeast of the grade separated intersection of Biscayne Boulevard and Ives Dairy Road. As a result of the ramp structures that create the grade separation, only the very northern portion of the shopping center is visible to northbound and southbound traffic along Biscayne Boulevard. Stores located in the southeastern comer of the property are totally hidden from sight. That area of the property evidences a particularly high vacancy rate including the space that was formerly occupied by Winn Dixie, an anchor tenant. This is a distinctly different situation than existed at the facility prior to the construction of the roadway structure. The property's current estimated occupancy rate of 80 percent on an overall basis strongly -- but negatively -- differentiates it from all other retail facilities within the City of Aventura save Loehmann's Fashion Island. MEAl believes that the historically poor performance of Loehmann's Plaza and the problems experienced by retailers at Promenade Shops since they lost their visibility from Biscayne Boulevard due to construction of the grade separated intersection will make the development of any significant amount of retail space on the Subject Property difficult to implement successfully. Office Use According to information complied by Black's Guide, the speculative office market in Miami-Dade County is comprised of 798 buildings of 15,000 square feet or more each. The buildings surveyed, all either completed or under construction at the time of survey in March 2003, contain a total of 51 million square feet of space. Fourteen of the buildings surveyed, containing a total of 1,055,317 square feet, are located in the City of Aventura. Accordingly, Aventura accounts for less than 2 percent of Miami-Dade's speculative office market in terms of both number of buildings and square footage. MEAl's survey of the 14 buildings within the City of Aventura revealed that 322,780 square feet, or 30.6 percent of the total, are available for lease. Included in this figure are 262,500 square feet of space in 3 buildings currently under construction. Despite the fact that marketing of 2 of the 3 new buildings began 3 years ago, 80 percent of their space remains untenanted and/or uncommitted. Miami Economic ASSOGhltes~ Inc. 686t S.W. 89", Ten'ace Miami, Florida 33156 Tel: (305) 6690229 Fmc (305) 669-8534 E.~II: mealnkiWellsouth.net Jeffrey Bercow, Esq. June 12, 2003 Page 3 MEAl believes that before new office development within the City of Aventura could be considered, the current vacancy rate would need to be reduced from its current level of 30.6 percent to approximately 10 percent. The timeframe required to achieve this is likely to be prolonged given the Iow level of space commitments in the three new buildings during the past three years. Hotel Use Until 2000, the only lodging facility located within the City of Aventura was the Tumberry Isle Resort and Club. Since then, two limited service hotels, a Courtyards by Marriott and a Residence Inn, have been developed within the City of Aventura and a Hampton Inn has been developed just over the City's boundary with Hallendale Beach. These three properties contain approximately 400 rooms. A 170-room Embassy Suite is proposed for development on a parcel immediately adjacent to the Subject Property, which will bdng the total of new lodging units to 570. As discussed above, the office market in Aventura is small, being comprised of just over 1,055,000 square feet of space, 30.6 percent of which are vacant. Given this situation and the general downturn in travel since 9/11, MEAl believes that the three existing limited service hotels will struggle to establish a composite level of occupancy of even 65 percent, notwithstanding the fact that they ara "flagged" with three of the strongest brand names in the limited service sector of the hotel industry. Performance information compiled by Smith Travel Research supports this belief. Completion of the proposed Embassy Suites, also a strong brand, will attenuate the pedod in which the market records a Iow composite rate of occupancy. Given prolonged Iow occupancies and the fact that the properties with the strongest flag-affiliations are already present in the market, additional hotel development within the City of Aventura is considered highly risky. Residential Use In contrast to the market constraints confronting the development of retail, office and/or hotel uses on the Subject Property, the market environment for its development residentially is strongly positive. Between 1990 and 2000, the population of the City of Aventura increased from 14,914 to 25,267 people as nearly 5,150 households moved into the City. To accommodate these new households as well as people seeking seasonal homes within the City, approximately 7,200 new housing units were added to the City's housing stock dudng the 1990's. More have been added since. Interest in Aventura as the location for either a permanent or seasonal residence remains strong; however, the City has minimal amounts of land available for new residential development. Parcels along the peninsula historically known as Thunder Alley in proximity to the new charter school and community center form the major concentration of land remaining for new residential development. It is also anticipated the redevelopment of the Loehmann's Fashion Island property will include new residential units. The Subject Properbj is the only other major opportunity for new residential units to be developed within the City. Given the weak potential for its Mlml Economic Associates, Inc. 68~t S.W. 89", Terrace Miami, Florida 33156 Tel: (305) 669-0229 Fax: (a05) 669-8534 Emall: mealnk~bellsouth.net Jeffrey Bercow, Esq. June 12, 2003 Page 4 development with non-residential uses, MEAl believes that the City should seize this opportunity, thereby positioning itself to dedve the significant fiscal and economic benefits described below. Fiscal Considerations As discussed in the opening paragraph of this letter, the Subject Property would be the site of the 405 Sirena at Aventura project if it is re-designation for commercial use. The proposed project would be comprised of 205 condominium apartment and 138 loft apartments generally ranging in size from 900 to 1,430 square feet as well as 62 townhouse units in excess of 2,000 square feet each. The average pdce of the townhouse units will exceed $400,000 (2003 Dollars) while the average prices for the loft and condominium units exceed $310,000 and $277,000 (2003.Dollars), respectively. Based on these price estimates, it anticipated that the overall market value of the project in today's dollars will approximate $119,250,000. The taxable value of the project taking into consideration current assessment standards within Miami-Dade County and the deductions to assessed value due to the Homestead Exemption will be $85,275,000. Development of the project described in the proceeding paragraph will generate significant fiscal benefits for the City of Aventura. As shown below, these benefits will be one-time and recurring in nature. The term "one-time benefits" relates to the revenues that the City will receive during the projects development period while the term "recurring benefits" relates to those received an annual basis after development is completed. The principal benefits that will accrue to the City will be as follows: One-time Benefits · $ 38,588 in police services impact fees · $150,408 in building permit fees · Roofing, plumbing, electrical and mechanical permit feesI RecurdnR Benefits (2003 Dollars) · $189,907 in ad valorem taxes · $ 75,000 in franchise fees and utility taxes2 · Increased stormwater utility fees · Increased gas tax revenues · Increased sales tax revenues · Increased state revenue sharing revenues 1 These fees cannot be estimated based on the level of plans currently available. 2 Includes fees and taxes on electrical, telecommunication and solid waste hauling services based on estimated usage. Miami Economic Associates, Inc. 686t S.W. 89~ Terrace Miami, Florida 33t56 Tel: (305) 669-0229 Fax: (305) 669.8534 Emall: mealnkGbellsouth.net Jeffrey Bercow, Esq. June 12, 2003 Page 5 In addition to the funds that the proposed Sirena at Aventura project will generate for the City of Aventura, it will also benefit other governmental jurisdictions that impact the lives of City residents, as follows: One-time Benefits · $ 753,782 in Miami-Dade County road, park and fire impact fees · $ 700,215 in Miami-Dade Public School impact fees Recurrin,q Benefits (2003 Dollars) · $ 529,068 in Miami-Dade County ad valorem taxes · $ 40,950 in Library ad valorem taxes · $ 224,216 in Fire ad vatorem taxes · $ 779,573 in Miami-Dade Public Schools ad valorem taxes Economic Considerations Development of Sirena at Aventura will benefit the private sector economy of the City of Aventura as well as its government. The most obvious benefit to the economy will be derived from the retail and restaurant expenditures of the project's residents. Based on current mortgage underwriting standards, households residing at Sirena at Aventura will require an average income approximating $120,000. It is furlher estimated that $35,000 of that amount will be spent in retail establishments, in restaurants and on entertainment such as movies, with the result that the project's 405 households will spend $14,000,000 in such a manner. MEAl projects that $8.4 million of these expenditures will occur in the City of Aventura producing an overall economic impact of $12.6 million when the multiplier effect is taken into consideration. Summary Development of the proposed Sirena at Aventura residential project will provide the City of Aventura and other governmental jurisdictions that impact the lives of City residents with significant amounts of revenue. It would also provide additional support for the City's economy by virtue of the expenditures of project residents. In order to access these benefits, the site of the proposed project needs to be m-designated from Business and Office to Medium High Density Residential use. MEAl believes that such re- designation is consistent with the realities of the marketplace that will preclude retail, office and hotel development on the property for the foreseeable future. On the other hand, strong market support for the proposed residential project. Sincerely, Andrew Dolkart President Miami Ecom)mic Associates, lac. 686t S.W. 89~ Terrace Miami, Florida 33156 Tel: (305) 669-0229 Fmc (305) 669-8534 Emall: mealnk(Wellsoutb.net TRANSPORT ANALYSIS DAVID C. RHINARD, P.E. PROFESSIONALS, INC. Principal QUALIFICATIONS Continuously involved in transportation engineering for over 35 years, Mr. SUMMARY Rhinard has been in responsible charge of numerous public and private sector transportation projects and programs in South Florida for the last 32 years. His experience ranges from multi-modal highway and transit system planning to financing, impact analysis, preliminary engineering, traffic design, construction, parking, traffic operations, and electronic toll collection systems. REGISTRATION Professional Engineer, State of Florida Professional Engineer, State of Michigan Professional Engineer, Commonwealth of Pennsylvania EDUCATION AND TRAINING MSCE - Transportation - Purdue University BSCE - Pennsylvania State University Professional Program in Urban Transportation - Carnegie-Mellon University Advanced Technical Topics in Urban Transportation - US DOT Highway Engineering and Administration - US DOT Transportation Finance - ITE - American Society of Civil Engineers Site Traffic Impact Evaluation - ITE Financing Urban Transportation Improvements - FHWA Legal Aspects and Liability of Traffic Improvements - ITE Traffic Accident Reconstruction - Northwestern University Highway Capacity Analysis Workshop - University of Florida PROFESSIONAL EXPERIENCE As co-founder of Transport Analysis Professionals, Mr. Rhinard has taken direct charge of a variety of transportation planning, traffic operations, and design activities for the firm. Internal management, proposal preparation, presentations before county and city commissions, planning and zoning boards, and courtroom testimony are among his activities. His project involvement on behalf of the firm includes developments of regional impact, parking demand analyses, parking facility layout, impact fee ordinances, traffic engineering assistance to South Florida municipalities, roadway master planning, shopping center and multi-use development access and parking analyses, traffic engineering and traffic data collection services for county and state governments, site access evaluation and access permitting, origin-destination surveys, specialized traffic generation rate analyses, traffic signal warrant analyses, traffic improvement conceptual design and preliminary cost estimates, downtown traffic circulation plans, AVENTURA LANDINGS (01-CPA-03 and 01-REZ-03) I i ! :Ii ,Ii i i i i i i I I I I i I CITY OF AVENTURA~>~.. ~/f~;~~ RE IDENTS OF AVENTURA~ -- OPPOSE THE AMENDING OF THE ZONING OF THE THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A TO THE ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT; AND DO NOT AGREE WITH ANY PROPOSAL TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY DEVELOPMENT AGREEMENT. THE AFOREMENTIONED DEVELOPMENT WILL CREATE AN EVEN GREATER TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT TIME, ENCOMPASSING THE EMERGENCY VEHICLES, OF FIRE, 911, AMBULANCES AND POLICE. __:~~_'-"-: ......... __'"'-: ...... ~..,:z:._mc_z~::~ ............ ..... ~~.____~__x_x~.~_~.~=, ....... ::::::::::::::::::::::::::::::::::::: ...... _~.~,.,~.___..~r,~_-~-____-__~_~:~ .~ ~._ ~ .... ............ ...... ~,~_~_~,,_..~___ ..... _~ .... _L~2__-~,&~,~_ ......................... (~ · 1~©2~4/ .................. ........ :.~___~ ...... #: .......................... CITY OF AVENTURA WE THE FOLLOWING RESIDENTS OF AVENTURA OPPOSE THE AMENDING OF THE ZONING OF THE THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A TO THE ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT; AND DO NOT AGREE WITH ANY PROPOSAL TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY DEVELOPMENT AGREEMENT. THE AFOREMENTIONED DEVELOPMENT WILL CREATE AN EVEN GREATER TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT TIME, ENCOMPASSING THE EMERGENCY VEHICLES, OF FIR?, 911, AMBULANCES AND POLICE. ___~~.~ ................................ ~__:_~ ..... ,/~.~ ................... ................... CITY OF AVENTURA WE THE FOLLOWING RESIDENTS OF AVENTURA OPPOSE THE AMENDING OF THE ZONING OF THE THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A TO THE ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT; AND DO NOT AGREE WITH ANY PROPOSAL TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY DEVELOPMENT AGREEMENT. THE AFOREMENTIONED DEVELOPMENT WILL CREATE AN EVEN GREATER TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT TIME, ENCOMPASSING THE EMERGENCY VEHICLES, OF FIRE, 911, AMBULANCES AND POLICE. CITY OF AVENTURA WE THE FOLLOWING RESIDENTS OF AVENTURA OPPOSE THE AMENDING OF THE ZONING OF THE THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A TO THE ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT; AND DO NOT AGREE WITH ANY PROPOSAL TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY DEVELOPMENT AGREEMENT. THE AFOREMENTIONED DEVELOPMENT WILL CREATE AN EVEN GREATER TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT TIME, ENCOMPASSING THE EMERGENCY VEHICLES, OF FIRE, 911, AMBULANCES AND POLICE. .................. ~.~"'.~ ..... ~ ...... · ............................................ ....... ~~i~ ~~.. ~ . ................... ~~~.~._.m_~:_~ .................. .................... ~L~L-~.~ ........... ~.~---~ ................... CITY OF AVENTURA WE THE FOLLOWING RESIDENTS OF AVENTURA OPPOSE THE AMENDING OF THE ZONING OF THE THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A TO THE ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT; AND DO NOT AGREE WITH ANY PROPOSAL TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY DEVELOPMENT AGREEMENT. THE AFOREMENTIONED DEVELOPMENT WILL CREATE AN EVEN GREATER TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT TIME, ENCOMPASSING THE EMERGENCY VEHICLES, OF FIRE, 911, AMBULANCES AND POLICE. .... ........ ........................... _ . _ ~ .... ~ ..... ~'__~_¢ ............ ..~..~-~_~ ~. _.~__ ~._.~-.. . .~. ...... __._~.~.~-___~_~_.~_~ ..................................................... .?.~.,E..L_E_c__.Z_ZE.'Z'.__~__c_~z .... .~..~_c_*__~ ~_~_ ........................... CITY OF AVENTURA WE THE FOLLOWING RESIDENTS OF AVENTURA OPPOSE THE AMENDING OF THE ZONING OF THE THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A TO THE ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT; AND DO NOT AGREE WITH ANY PROPOSAL TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY DEVELOPMENT AGREEMENT. THE AFOREMENTIONED DEVELOPMENT WILL CREATE AN EVEN GREATER TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT TIME, ENCOMPASSING THE EMERGENCY VEHICLES, OF FIRE, 911, AMBULANCES AND POLICE. ___~_..~ ..... ~..~_ ..... _z__~_/_~__~.__z ~.~_~ ~ f :_--_ .... _~ ~:__/ ~ ~ CITY OF AV~NTUIL~ WE THE FOLLOWING RESIDENTS OF AVENTURA OPPOSE THE AMENDING OF THE ZONING OF THE THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A TO THE ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT; AND DO NOT AGREE WITH ANY PROPOSAL TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY DEVELOPMENT AGREEMENT. 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