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09-02-2003 au rnnun_lon Jeffrey M. Perlow, Mayor A~e City of ~ventura (i)" . . . . .",....... atv M.n~r Eric M. Soroka Zev Auerbach Jay R. Beskin Ken Cohen Bob Diamond Manny Grossman Harry Holzberg CitvC1erlr Teresa M. Soroka, CMC City Attmn~y Weiss Serota Helfman Pastoriza Guedes Boniske & Cole AGENDA SEPTEMBER 2, 2003 6 PM Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI.JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when he requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affinnation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be pennitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk.. A. 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. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR HARBOUR CENTRE LOCATED AT 18851 NE 29TH AVENUE, TO PERMIT A WALL SIGN OF 71 SQUARE FEET ON A BUILDING ELEVATION THAT FACES AN ADJACENT RESIDENTIALLY ZONED PROPERTY WITHIN 300 FEET OF THE ELEVATION, WHERE WALL SIGNS ARE NOT ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR NORTHERN TRUST BANK LOCATED AT 18909 NE 29th AVENUE, TO PERMIT TWO (2) WALL SIGNS WITHIN 300 ScpodIr 2, 2003 r.......... ~ FEET OF A RESIDENTIAL PROPERTY, WHERE WALL SIGNS ARE NOT ALLOWED BY CODE, AND TO PERMIT THE PRIMARY AND SECONDARY WALL SIGNS TO BE THE SAME SIZE AT 35 SQUARE FEET EACH, WHERE THE SECONDARY SIGN IS LIMITED TO FIFTY (50) PERCENT OF THE SQUARE FOOTAGE OF THE PRIMARY SIGN; PROVIDING AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(1)(3)(d) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD SETBACK OF 12' FOR TOWNHOMES, WHERE A 25' SETBACK IS REQUIRED BY CODE, TO ALLOW A STREET SIDEYARD SETBACK OF 7.5' FOR TOWNHOMES, WHERE A 20' SETBACK IS REQURIED BY CODE, TO ALLOW A REAR YARD SETBACK OF 16' FOR TOWNHOMES WHERE A 25' SETBACK IS REQUIRED BY CODE AND TO ALLOW A SIDE YARD SETBACK OF 10' FOR THE SOUTH CONDOMINIUM BUILDING, WHERE A 25' SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 143(1)(3)(a) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LOT SIZE OF 1281 SQUARE FEET FOR TOWNHOMES, WHERE 1600 SQUARE FEET IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(b)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT TWO INTERIOR PARKING SPACES FOR TOWNHOMES, WHERE ONE EXTERIOR AND ONE INTERIOR SPACE IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(1)(3)(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A BUILDING HEIGHT THAT CREATES A SHADOW ON ADJACENT PROPERTY, WHERE THE CODE REQUIRES THAT ALL BUILDINGS IN THE RMF4 ZONING DISTRICT EXCEEDING 100' IN HEIGHT SHALL BE SITUATED SUCH THAT THE SHADOW CREATED BY THE SUN AT 12:00 NOON ON DECEMBER 21 WILL NOT FALL ON ANY ADJACENT PROPERTY EXCEPT FOR PUBLIC ROAD RIGHTS-OF-WAY; GRANTING APPROVAL OF A VARIANCE TO ALLOW DRIVEWAY SEPARATIONS OF 95' ON THE EXTENSION OF MIAMI GARDENS DRIVE AND 25' ON NE 28 COURT, WHERE A MINIMUM SEPARATION OF 150' OF LANDSCAPED FRONTAGE IS REQUIRED BY CODE; FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185 STREET, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. 2 ScpodIr 2, 2003 0-;.;... ~ E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN STORY, 129 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANFER OF DENSITY FOR 0.344 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3029 NE 188 STREET; PROVIDING AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN STORY, 135 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANFER OF DENSITY ON 1.216 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3131 NE 188 STREET; PROVIDING AN EFFECTIVE DATE. 4. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion Of review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: July 1,2003 Commission Meeting July 17, 2003 Budget Review Meeting June 17,2003 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN VILLA DORADA CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF A VENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute agreement providing traffic enforcement for Villa Dorada Condominium Association, Inc.)5 3 SI(IllIIk2, 2003 r--...1Ia:liic C. 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. (Declares certain property of the City as surplus and provides manner of disposal) D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $47,200 FOR THE CRIME AND PREVENTION PROGRAM AND THE PURCHASE OF FILING CABINET SYSTEM AND SUPPLIES FOR COMMUNITY PATROL/CRIME PREVENTION UNIT, OVERHEAD PROJECTOR AND SWAT EQUIPMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM DATED AUGUST 21, 2003. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-035 FOR PROFESSIONAL DESIGN SERVICES FOR THE HOSPITAL DISTRICT NE 213TH STREET CONNECTOR DRAINAGE IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF A VENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute work authorization with Craven Thompson and Associates for design services for Hospital District NE 213th Street Connector drainage improvements) F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DEDICATING AN EIGHTEEN (18) FOOT BY TWENTY (20) FOOT EASEMENT TO THE CITY OF NORTH MIAMI BEACH ON THE A VENTURA CHARTER ELEMENTARY SCHOOL SITE; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. (Approves dedication of easement to the City of North Miami Beach for operation and maintenance of water services for the A ventura Charter Elementary School) G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO ACQUIRE 4 SqlIaIilcr 2, 2003 r.......... ~ THE FLORIDA DEPARTMENT OF TRANSPORTATION SURPLUS PROPERTY LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 202ND STREET AND NE 203RD STREET (PARCEL 6002, APPROXIMATELY .34 ACRE SITE); ACKNOWLEDGING THE SURPLUS PROPERTY WILL BE UTILIZED FOR PUBLIC PURPOSES AS OPEN SPACE LANDSCAPED AREA; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to take necessary action to acquire FDOT surplus property for open space landscaped area at no cost to the City) H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED PURCHASE AND SALE AGREEMENT BETWEEN THE EXOTIC GARDENS, INC. AND THE CITY OF A VENTURA FOR THE PURCHASE OF SIX ACRES ADJACENT TO WATERWAYS PARK FOR THE PURCHASE PRICE OF $3,800,000; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute purchase/sale agreement for six acres of property to expand Waterways Park) I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA; SUPPORTING THE FLORIDA FREE TRADE OF THE AMERICAS ("FTAA") EFFORTS TO PROMOTE MIAMI AS THE NATURAL LOCATION FOR THE PERMANENT SECRETARIAT OF THE FTAA; PROVIDING FOR AN EFFECTIVE DATE. J. REQUEST BY THE RELATED GROUP OF FLORIDA FOR EXTENSION OF THE APPROVALS GRANTED THROUGH RESOLUTION NO. 2002-46 FOR AN ADDITIONAL SIX (6) MONTH PERIOD FROM SEPTEMBER 3, 2003 TO MARCH 3, 2004. (Phase I of Loehmann's Shopping Center redevelopment project) K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED PUMP STATION COST SHARING DEVELOPMENT AGREEMENT BETWEEN INVESTURA, L.L.C., VENA VENTURA, L.L.C., VENA VENTURA II, L.L.c., THE RELATED COMPANIES OF FLORIDA, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA AND THE CITY OF A VENTURA; AND PROVIDING AN EFFECTIVE DATE. 5 ScpodIr 2, 2003 r.......... ~ L. MOTION TO REJECT ALL BIDS TENDERED FOR BID NO. 03- 8-11-2 BISCAYNE BOULEVARD LANDSCAPE MAINTENANCE IN ACCORDANCE WITH STAFF REPORT DATED AUGUST 25, 2003 M. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA ENDORSING THE "NO PLACE FOR HATE" CAMPAIGN SPEARHEADED BY THE MIAMI- DADE COUNTY COMMUNITY RELATIONS BOARD AND ANTI-DEFAMATION LEAGUE; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: None 8. PUBLIC HEARING: ORDINANCES - SECOND READING: A. AN ORDINANCE OF THE CITY OF A VENTURA, 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. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF A VENTURA 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. 9. RESOLUTIONS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA ABANDONING A 450 FOOT LONG SEGMENT OF NE 28 COURT LYING SOUTH OF NE 185 6 ScpIam2, 2003 r.......... ~ STREET, TOTALING 0.72 ACRES; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING MODIFICATION OF A PREVIOUS APPROVAL TO ALLOW THE EXPANSION OF AN EXISTING DAY-CARE/PRE- SCHOOLIELEMENTARY/MIDDLE SCHOOL FOR PROPERTY LOCATED AT 20400 NE 30 AVENUE; PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING APPROVAL OF LOCAL LAW ENFORCEMENT BLOCK GRANT; AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE APPROPRIATE GRANT DOCUMENTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 10. OTHER BUSINESS: REQUEST BY A VENTURA'S FINEST HAND CAR WASH FOR CITY COMMISSION TO PLACE ON FUTURE AGENDA REQUEST FOR EXTENSION OF TIME TO CONTINUE TO OPERATE HAND CAR WASH BUSINESS AT 2890 NE 187TH STREET 11. PUBLIC COMMENTS 12. REPORTS 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION MEETING OCTOBER 7,2003 6 P.M. COMMISSION WORKSHOP OCTOBER 16, 2003 10 A.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 need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466.890l, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Ci DATE: August 20,2003 SUBJECT: Motion to Defer Williams Island Synagogue, Inc. Application No. 04- CU-03 and to Set Hearing Date September 2, 2003 City Commission Meeting Agenda Item ~ RECOMMENDATION The Board of Directors and members of the 2600 Island Boulevard Condominium Association have requested a deferral on the subject application originally scheduled for September 2, 2003 (see attached letter). I have placed this matter on the Agenda in order for the City Commission to defer this matter and schedule a new public hearing of the application. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01228-03 August II, 2Um Eric M. Soroka, City Manager City of A ventura 19200 West Country Club Drive Aventura, Florida 33180 RE: Public Hearing scheduled for September 2, 2003 Applicant Name: The Williams Island Synagogue, Inc. / 04-CU-03 Applicant Request: Conditional use approval for the establishment of a synagogue in a multi-family high density residential (RMF4) district. Dear Mr. Soroh: On behalf of the Board of Directors and members of the 2600 ISLAND BOULEVARD CONDOMINIUM ASSOCIATION, INC., I respectfully request a deferral of the hearing on the proposed location of the Williams Island Synagogue which we understand is to be set to be heard on September 2, 2003. The reasons for this request are as follows: 1. Due to vacation schedules, we will not have a full complement (or even a quorum) of Board members until after September 15, 2003. Without a quorum, the Board cannot properly consider the revised proposal for the synagogue submitted by the Developer. 2. Once the Board has had the opportunity to consider the proposal, depending on the offering made by the Developer, The Board will either accept it or have to present it to the membership for a vote of approval. The later will take at least two (2) weeks to accomplish. 3. A September 2"' meeting would also surely minimize attendance as not only are most of the Board members absent but so are the majority of full-time residents. With all said and done, an October hearing would enable us to consider and vote on the issues at hand prior to the scheduled meeting possibly resulting in the Association's support of the application. If this hearing is moved to October, we shall not make any additional requests for deferrals. Your kind attention to this matter would be greatly appreciated. \t:tw~ Rod L. White President 2600 ISLAND BOULEVARD CONDOMINIUM ASSOCIATION, INC. AUG 1 1 2003 ct:RLW cc: The City Commission of Aventura Teresa M. Soroka, CMC, City Clerk David Wolpin, City Attorney John K. Shubin, Esq./ Shubin & Bass, P.A. Clifford A. Schulman, Esq./ Greenberg, Traurig P.A. OFFICE OF THE CITY MANAGER \My Files\Correspondence\Synagogue.Request to Defer City Commission Mtg. 2600 ISLAND BOULEVARD CONDOMINIUM ASSOCIATION, INC. 2600 Island Boulevard, Williams Island, Aventura, Florida 33160 . (305) 937.2006 . Fax (305) 937-0098 ~H[U[~~ ",TTOa1il81'1 "'1' ........ HflUI~ 34 ClifIInIA.~ 1:J21 aitWA_lIII' ......FIcOiII3:m1 _.- JOS-579..(J6IJ Septanb<< 2. 2003 VIA HAND-DELIVERY ML Joonn Cm -ilia 0iJ0ct0r City of A_ 2999 N.E. 191 Sttect sun. SOO A_ fL 33180 Re: AppIicatico for Cooditiooal Use ror v....v....... LLC. Dca: ML Carr: This _ seeks _ \0 tholl<:lobcr meeting of tho Commissi... rosIIdiDa 1be_.- _. A. a _ oftodmi<:aliti.., "" arc: unab1e to supply y... with faD IcgaI tIocumontlOi...1har you havcroqucatcd. W. believe that th..._ will be resolved pOor to the _ --ma oflhc Commiai.... Your COIIIidenIi... ofthi. _ is groady lIJlIlfilCilllod. _c:uIlmeifyoubavellly__reprding dtese_ Ycr;w~ Cliftbrd A. SdmIuutn Co: Mr. Enrique Feldman Mr. Sami 8bir Shire Mr. PIIlIIIJOiIoo CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: BY: Joanne Carr, AICP Community Development Director FROM: DATE: June 12, 2003 SUBJECT: Request of Harbour Centre Associates for Variance from Section 31.191(g)(2)(d) of the City's Land Development Regulations to allow a wall sign on a building elevation that faces an adjacent residentially zoned property within 300 feet of the elevation.(03-SV-03) September 2, 2003 City Commission Meeting Agenda Item 3.B RECOMMENDATION It is recommended that the City Commission take the following action with conditions as outlined herein: 1. Approve the request to allow a wall sign on a building elevation that faces an adjacent residentially zoned property within 300 feet of the elevation. THE REQUESTS The applicant, Harbour Centre at Aventura, is requesting the following (See Exhibit #1 for Letter of Intent): 1. A Variance from Section 31.191 (g)(2)(d) of the City's Land Development Regulations to allow a wall sign on a building elevation that faces an adjacent residentially zoned property within 300 feet of the elevation. BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT ADDRESS OF PROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Harbour Centre Associates. Stanley B. Price c/o Harbour Centre at Aventura 18851 NE 29th Avenue (See Exhibit #2 for Location Plans, and Exhibit #3 for Actual Photograph) 3.8488 acres (as per survey) Tract "/!\' of Harbour Centre according to the plat thereof, as recorded in Plat Book 158 at Page 77 of the Public Records of Miami-Dade County, Florida. TC1 TC1 TC2 RMF3B Town Center District Town Center District Town Center Marine District Multifamily Medium Density Residential District Town Center District TC1 Office Office Commercial Vacant Commercial Future Land Use - According to the Citv of Aventura Comorehensive Plan, the following properties are currently designated as follows: Subject property: Town Center Property to the North: Town Center Property to the South: Town Center Property to the East: Medium High Density Residential Property to the West: Town Center 2 The Site - This subject site, Harbour Centre, is located on NE 29th Avenue, across from the Loehmann's Fashion Island. The Project - The applicant proposes to place one (1) wall sign of 71 square feet on the west elevation of the office building, which is within 300 feet of a residentially zoned district, the Loehmann's Fashion Island. ANALYSIS Citizen Comments - The Community Development Department has not received any written citizen comments. Consistency with Comprehensive Master Plan - The requests are not inconsistent with the City of Aventura Comprehensive Plan. Community Development Department Analysis - The applicant proposes to place one (1) wall sign on the west elevation of the office building. Section 31.191 (g)(2)(c) of the City's Land Development Regulations, provides that no wall sign shall be installed on a building elevation that faces an adjacent residentially zoned property located within 300 feet of the elevation. The sign is proposed within 300 feet of the Loehmann's Fashion Island property, which is zoned Town Center (TC1) District. This district permits a mix of residential and non- residential uses. It has therefore been determined that the TC1 zone falls into the definition of a "residentially zoned" property. In fact, the approved Phase 1 residential buildings at the Town Center will be located directly across the street from this office building. The Harbour Centre building fronts on NE 29th Avenue, and has 105 feet of frontage. This building is allowed two wall signs under Code. One wall sign per elevation is permitted to a maximum size one and three-quarters square foot for every lineal foot of building frontage. The square footage of the signage allowed for this property on the west elevation is 183.75 square feet. The square footage of the proposed sign to be installed on the west elevation, at 71 square feet, is considerably less than what is allowed by Code. The proposed signage will be composed of channel letters that are internally illuminated. Staff recommends that the sign be connected to a timer which can be controlled and automatically turned off. The lighting timer shall be set to turn sign off at 9:00 p.m. each day, to ensure that the adjacent residents are protected from illumination. 3 Criteria The guidelines for approval of sign variances as required by Section 31-191 of the City's Land Development Regulation requires: The sign variance maintains the basic intent and purpose of the regulations, particularly as it affects the stability and appearance of the City and provided that the Variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship is required. The requested sign variance promotes the stability and appearance of the City. The square footage of the proposed sign is minimal when compared to the total square footage of the two wall signs allowed under Code. Therefore, granting this variance will be consistent with the purpose and intent of the sign code, which is to limit the amount, type and the size of signs in the City. The proposed sign variance will be compatible with the surrounding land uses and will not be detrimental to the community. The sign setback will be 275 feet from the adjacent residentially zoned property, where a distance of more than 300 feet is required by Code. To mitigate this condition, the applicant has agreed that illumination will be turned off no later than 9 p.m. each day, fulfilling the intent of the Code to protect adjacent residents from the illumination, while allowing the business to identify its location. CONDITIONS 1. Plans shall substantially comply with those submitted as follows: . "UBS", Sheet 1 of 2 prepared by American Signcrafters, Inc., dated 12/24/02, revised 8/8103. . "UBS", Sheet 1 of 2 prepared by American Signcrafters, Inc., dated 12/24/02, revised 818103, signed and sealed 8/11/03. . "UBS". Sheet 1 of 2 prepared by American Signcrafters, Inc., dated 12/24/02, revised 8/8103 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 agrees that an automatic timer shall be placed on the signs to turn off the illumination no later than 9 p.m. each day. This provision shall be noted on permit plans. 4 4. No additional sign shall be installed other than the one for which this variance is issued. 5 AUG. -15' 03lfRII Ib: 15 til~ll~, ~~Mti~K. ~L AL r. uutt UUq BILZIN SUMBERa BAENA PRICE & AXELROD LLP A "AftTNCIllll~HIP 0" NlO,.E..S,ONAL ASSOClA'IONS. 200 SOUTH .15CATNE .OULC"ARD, au'''''' ell6OQ. ...,.......,. ,....O,,'P... :l31::'H53040 TCLEPHONE:: 1:.061317.-'1580' 1'""_: C30Dl 317"'-71503 ':.""AI~: IN,.O...LZ.....c:OJoll . www.au.z.....co... STANLlty B. PRICE, "./It... PIAteT DIAL (J0151 3150.1~7. €...."'IL IOJYk;D.ab.;zm.cofT1 AugusllS,2oo3 VIA HAND DELIVERY Ms.loanne Carr, Director Department of Planning City of Aventura FOIIrth Floor 19200 WC5t Country Club Drive A ventura, Florida 33180 Re: flubsllf Centre Auodlltes, " Florida ge"tmd pllftllership J..0c4tioll: 18851 HE'. 29th AvenlUl, a,yof A_tura, Fior-ickl REVISED LETTER OF INTENT Dear Ms. Carr Please llCCcpt this corrcspondooce as our Revised Lctter of Inlent in connection with your Department's rules and regulations for filing a City of Avcntura Public Hearing Application for Sign Variances. This linn represents Harbour Centre Associates ("Applicant"), the owner of apJIIoximately 3.8488 contiguous acres oCland located at 1885 I NE 29th Avenuc (hereinafter the "Harbour Centre"). The Applicant ICSpCCtfully requests ~ning approvallD permit the mounting and display of an internally illuminated chimnel logo and Jetter wall sign OIl the west olcvalion of the Harbour Centre office building Iocaled within 300 feet of a residential zone. Based upon the lbl!owing infon1lation. we submit that tho approval of this IIlP1ication would be consistent with existinC building signage 10caled within the slUTlIunding area lUld would not bave a detrimental effect upon the residential zone located lD the west of the subject propett y. The Applicant's request for a variance arises from a U11ique set of facts. As you are aware, the Harbour Centre is a recently approved mixed use project localed along NE 29th Avenue Illd NE 1881h StR=1. in the City of Aventura's Town Center (TC-I) district AI the time the Cily of A ventura approved the Harbour Centre for development, the proposed wall sign confOn1led lD all requirements of Section 31-191 of tbe City's Code of Ordinances (the "Code") regulating nonresidential wan signs. Specifically, Section 31-191 (8)(2)(c) ofthc Code provides thai office buildings measuring eighl Dr more ItOrics in heicht, auch os the Harbour Centre, are pcnnitted to have two wall signs per building provided that the signs are displayed using reverse or chlUl11el letters, are nol located OIl a building clc"aUon that faces an adjacently residentially zoned \13:!.S2\10S4S\" 6J'~~9 v 2 11151ll11l:17AM EXHIBIT #1 03-SV-03 AUG. -15 U.l IrKl1 Ib; l~ tijLll~. ~UNtitK. tl. AL r. UUJI UU'i BIl.Z1H 5UMIlf;F<G a"'ENA PRICE & AXELROD L\.P Ms. Joanne Carr Page 2 August IS, 2003 property localed within 300 feet of the elevation, and aTe no larger than one and ona-half square feel in size for each lineal fODtage of building frontage. Despite these allowances, the Harbour CenITe intended to erect one wall sign rather than two at a dimensional size that is much smaller than thai which is permitted by the Code. Moreover, the Applicant chose to place the location of the wall sign on the west side of the Harbour Centre facing the highly dense commercial complex known as Loehmann's Plaza shopping center. Unlil recently, all properties located within 300 feet of the west side of the Harbour CcnlTc office building were zoned TC-I and utilized exclusivcly for commercial purposes. As such, the Applicant submits the enclosed application and seelcs a variance to pcnnit the previously authorized wall sign. The proposed wall sign will not have a detrimental effcct upon the surroundinl: area. As shown on the building menage pl8llS ontitled "UBS. as prepared by Interstate Signcraften: (the "Plans"), the proposed sign comprises a logo situated parallel to three letters speDing UBS that, if approved, will be placed toward the roof of the HarbOUT Centre offiee building more than 135 feet above slreet level. Moreover, the west side oC the HlIIbour CcnlTc office building is setback approximately 200 feet from the property line abulling NE 29th Avenue, which is approximately 75 fect wide. Consequently, when elt8nlined in its entirety, the proposed sign will be located 275:1: feel away from the newly I'CZOned Loehmann's Plaza shoppinl: center (and more than 300' nllm the proposed residential tower) and is thus only 25 feet shy of meeting the Code's requirements. The absence oC 2S feet will be offset by the limited size of the proposed wall sign. A:i. shown on the Plans, the sign will moasure approximately 4'-5" in height and 15'-6" in width wilh an overall size of 71:1: square feet. The TC-I district permits residential and commercial uses. Two muiti-story residential strUctures were recently approved lit LoehmalUl's Plaza, which has caused thiI applicatioll. The smaller size of the proposed sign, however. will serve to limit any impact upon the newly approved redevelopmeot of the Loehmann's Plaza shopping center. Lastly, as you arc aware, the pcn:tion of NE 29th Avenue where the Harbour Centre is located is heavily development with commercial office buildings. A number ofthcse buildings, like the Harbour Centre, arc located wilhin close proximity to the Locbmann's PIau property and have wall siens oriented towards the shopping center. In fact, the City Conunission recently approved a wall sign variance for the Conconle Center located north oC the subject properly. With lhese signs already in exiSlCllCc, any impact to the residential redevelopment of \73252110545\1 631'<9 y 1 111510) 11::11 AM AUG. -15 03(fRlj Ib: Ib HILliN, ~UMHtK. tL AL r. UUq/ UUq BI~ZIH SUIoIlIERG a...ENA PRICE & A)(t~ROD I.I.P Ms. Joanttc Carr Page 3 August 15, 2003 Loehmann's Plaz.'\ that may result from approval of this application will be minimal. if not llOllCllistent. In consideration orthe foregoing, we respcctful1y request your favorable review of this application. If wc can provide you with additional infennation or documentation, please do not hesitate 10 contact me at (305) 3S~2374. vO>~~~ ?:~f . cc: Edith Ann White William W. Riley, Esquire \1]2~2\IU~5\ M 6IU" v I 1/15/0111:29 M,' RROWARD COUNTY 1._1_----- DADE COUNTY;. .. :. :. :. :. .. . .. . :' .. :1 :' .. :. :' :. :' .. :. .. .. 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City Boundary \ ZIP Code Boundary -) -.-_.....-- Railroad - ".-J 03-SV-03 EXHIBIT #3 03-SV-03 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR HARBOUR CENTRE LOCATED AT 18851 NE 29TH AVENUE, TO PERMIT A WALL SIGN OF 71 SQUARE FEET ON A BUILDING ELEVATION THAT FACES AN ADJACENT RESIDENTIALLY ZONED PROPERTY WITHIN 300 FEET OF THE ELEVATION, WHERE WALL SIGNS ARE NOT ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC1, Town Center District, a mixed use district; and WHEREAS, the Applicant, Harbour Centre, through Application No. 03-SV-03, has requested a sign variance to permit a wall sign of 71 square feet on a building elevation that faces an adjacent residentially zoned property within 300 feet of the elevation, where wall signs are not allowed by code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 03-SV-03 for Sign Variance, to permit a wall sign of 71 square feet on a building elevation that faces an adjacent residentially zoned property within 300 feet of the elevation, where wall signs are not allowed by code, on property legally described as: Tract "A" of Harbour Centre according to the plat thereof, as recorded in Plat Book 158 at Page 77 of the Public Records of Miami-Dade County, Florida. Resolution No. 2003- Page 2 aka 18851 NE 29th Avenue is hereby granted exclusively to Harbour Centre. This variance shall not be transferable to subsequent tenants/owners. CONDITIONS 1. Plans shall substantially comply with those submitted as follows: . "UBS", Sheet 1 of 2 prepared by American Signcrafters, Inc., dated 12/24/02, revised 8/8/03. . "UBS", Sheet 1 of 2 prepared by American Signcrafters, Inc., dated 12/24/02, revised 8/8/03, signed and sealed 8/11/03. . "UBS", Sheet 1 of 2 prepared by American Signcrafters, Inc., dated 12/24/02, revised 8/8/03 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 agrees that an automatic timer shall be placed on the signs to turn off the illumination no later than 9 p.m. each day. This provision shall be noted on permit plans. 4. No additional sign shall be installed other than the one for which this variance is issued. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by its adoption. The motion was seconded by put to a vote, the vote was as follows: , who moved , and upon being Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Robert Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Resolution No. 2003- Page 3 PASSED AND ADOPTED this 2nd day of September, 2003. Mayor Jeffrey M. Perlow ATTEST: Teresa M. Soroka, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2003. Teresa M. Soroka, CMC, City Clerk AUf; 26 03 08:27a p.2 it APPUCANT REPRESENTATIVE AFFIDAVIT Pursuant ID Seclion 3\o11(b)(2)(i} of... Cily of I\venIOOIland Development Code.ll1is App1icanl ReplesenlatNe lIf1idavil is hereby made and submllled. The undersigned aUlhorized represen1atiw of lie ildMluaI or enlily applyilg for lie 0eveI0pment Pennit, ~ is klenlifled il the aalClmpalIying ~tion, and lie _ oflhe property subject to 81e IPlJIication rd diflerentl hereby isIs and ilenlif&eS an pelSOOS represenlilg Ile Ind'MduaI or enlily applyilg lor the Development Penn<< In conneclion with the appIicaIion, as Iollows: Name Relationship Q... N/ome)$. MI14eas.1Andscapf -'EnginHlS,~Elc.) 1I11D(, fll..~ -1~~::;~ Jl.11JU1JlYl IJ) Rtl,) Ai' iJlt>PIt (7MJ'I.<J" (AIlacI1I\dditiol1al5heels . Necessary) NOncE:ANY STATEMENT OR REPRESEHTAlION MADE BY ANY PERSON LISTED ON THE APPUCANT lIEPRESENTAllVE AFRDAVIT SHALL BE BINIllNG UPON THE INDIVIDUAL OR ENTITY APPLYING FOIl lltE DEVELOPMENT PERIllT AND THE 0WflER OF lltE SUBJECT PROPERTY. APPLlCAKTS AND AFAANTS ARE ADV1SEIl TO tIMELY SUPPLEMENT 1ltIS AFfIDAVIT PURSUANT TO SEe. 31.71(BK2)(IV) OF THE CllY'S lAND DEVELOPMENT REGUU\11ONS IN lltE CITY CODE, IN THE EVENT TKAT PRIOR TO CONSIDERATION OF lltE APPlICAllON BY THE CITY BOARD OR COIoIMtSSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND 1lllS _ DI\Y OF I\\ffiiORlZED REPRESENTATIVE OF APPLICANT: / ,2001. OWNER (Sigfl;jture) . UClfl.H aovt..... (;1C"t"- (Print) TllIe:~ Address' " /' By. / " (SignaJure) /' Name: /' ,,(Print) /" Tile: /' /' "- Address: '" ... " ,- '" ... '- )!j1'-~ ~ STl\lEOFFlORlDA ) '- COUNTY OF MIAMl-DADE) 0 I /;}()L.( fa. ~9 e r Before me lie undersigned au1harily pelSOlIlI\Iy appeared .L 1.1 U "': s as 1he aulhorillld representaINe of lie AppIicanI and/or tie owner ollie pIIlflelIy subject to the application, who being fllSt by me ddrf swom. did swear or a1flllO thai helshe executed ll1is AIfldavil for lie purposes &laIed lhereln and thai. b \rue and 00lleCt. ~ ~!. ,"';, ?!u ol/l9pr -\A- SWORN TOANO SUBSCRIBED BEFORE ME ~dayof ~ 200.5 j~/l"-k..K<. 10 ~ 5",,'or~ --." ".~" Aur; 26 03 OB:27a p.3 .. ."".. ... ._.~ . I. . '\: .,,~ ~..r~ BUSINESS RELATIONSHIP AffiDAVIT' This Alfodavil is made pUlsuanl \0 Section 31.711b1(2)(i) ot1he CiIy of Avenlura lAOO lleYe\opmenl Code. The undersigned Affiant hereby discloses thaI: (mart< with 'x' appl1cable poltions only) M,1. Moot does !!2\ have a Business Relationship wilh any member 01 the Cily Commission or any City Advisory Board \0 which 1he application will be presented. ,.,\\ J,,'~\ \ (' '}- ~( 112. Mlan' hereby discloses thatl does haYO a Buslness Relationship with a member ollie CiIy Commission or a Cily Advisoly Board \0 which the application wID be presented, as follows: (List name ot Commissionet 01 Advisor)' Board Member) wllo selVeS 00 tlle (Ust City Commission or City Advisory Board upon which member selVeSl. The nalure 01 \he Business Relationship is as follows: III I.\embef of CiIy CormIission Ollloald holds an ownership interest it excess 011'10 01 total assels 01 capilat I\oCk of App&canl or Represenlative; II i. Member 01 CiIy Commission or IloaId is a partner, co-sharehoIder (as \0 shares of a cxxporation which are not IsIed 00 any national or regional slllCk exl:hang8) or Joint venlurer with \he ApplicanI or Representative in any buskless venture: II m. The Applicant or Representalive is a Clienl of a member 01 the CiIy Commission or Board or a Client of anoIher professional working from the same offICe or lor the same employer as lhe member of the City Commission or Board; II N. A City Commissioner or Board member Is a Clienl 01 \he Applicant or Representalive; II v. The IIpplicant or Representative is a Customer oflhe member ollhe CiIy Commission 01 Board (or of his or her employe" and transacts more Ilan $10,000.00 oIlhe buskless of \he member oI1he CiIy Commission 01 Board (or his or her empIoyeI) In a given calendar year; {I vi. The mamber ollhe City Commission or Board is a Customer ol1l1a Applicant or Represen\alive and \raIISlICls mo<e 1han $25,000.00 0I1he busines$ 01 the Applicant or Rl\p(asenIative in a given calendar year. WrrNESS MY HAND lHIS _ DAY OF 200. . AI!PlJCI>,N'f: ~ .- "- -- (SQnaIura) (PrInt) IPtinQ By. Nama: 11Ue:., / ... '" - . ... ... WIDlESS MY HAND lHIS _ DAY OF .2OC ~bo..ur (~W<.. A-~c.<k.':> By: ~ Signature) .. . ......" o.l.~ 4~~ (PrinI) r- :':J^ ~ . rP-....t.. (PdnQ 'The Iem1s 'llusitesS ReIatianshf>." "CIIst1t, " "CllsIomer," "App/icanI." "RepleSentaliole" 8IId 'Interesled Person" are de/ined in SecIion 2-395 of the Avenlura cay Code. . Aur; 26 03 08:27a p.4 NOTARIZATION PROVISION STAlEOfIt.ORll>A 11 / COUNTY Of MIAM1.o.11l€) 1:00 u. {Q. V1 c; P r 8e1ool....lhetJ1de<siQnodlUlhcdy.p<MMIIy_edlitJ t{ y-,:,s "'Alflal1l.who Ir.;Iby... dWr""""'.III....,...r"" llal heIshe .JeO.IWf Itii Nfr:iavllor ale pucposes aNd hK8~ and I\aI k is Nl and COR"ed. SWORNTONlOSU8SCAl8eobelo<e"'~of-.a tAl STAlEOfR.ORlOA I .COUNTY Of MIAM1.oADE) ..... .... lie "odoqIgllOd 1lllh<xMr. pocsonoIy ~ ...,..-.._........-__ondl1llllsweardCOC1OC1 SWORNTO _ SUBSCRJBalbe.......lhis _clayof STAlE Of I\.OIIlllA I COUNTYOf~1 _ .... lhe unler$Igned 1Ulhcdy, pel$OOlly owea<ed hetshllrea*d tis AIfidI'4lIof the putpOSIs Ilaied tlMin and hlt.. ~ and coned. SWORN 10 _ SU8SCf\18EDbefexe.....Is_clayol ST"lE Of fUlRIllA I COUNTY Of IAIAMI.o.IIl€) ..... ...... undeo1ignod ..........,........ appemd __..MidIottfor.....-_.....lnondl1llllsweardCOC1OC1 SWORN TO _ S\J8SCRIlIED beloco....... _ clay of ~3 (' ('L;U. ~~ NolaIy N>lic Slale of FIOricla ANNE VMITE Printed .\ MY COMMISSION I DO 131252 My .~ S: October 24. 2006 ~>.:""''''''~. 8ol'\dIdThN~ '?'.M",,' 110 Alf1al1l, who beilg Ir.;Ibyme duty"""",tflll_.. air"" 111I - 2(]0', NolaIy N>lic S\e\e of FIoltda AI Large PoinIed Name of NoIety My commIsslon "lip"" lhe AIGonI. who beilg Ir.;I by me duly""""'.III........lfinn lilt AFfIANT 2(1(" NolaIyP_S1aIe01 FIoltdaAll.olvl __oINoIaIy 1oIy.............lplnls: ... AlfIal1l. who beilg Ir.;I by .... lIuIy........ did ....... _ lilt - "00' NOlIlrf PIbic Sla\e 01 FIoltda All.olvI PMfed Name oINotaty My"""'-"lplnls: APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Appiicant is hereby made and submitted. The undersigned authorized representative of the individual or entity appiying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application as follows: Name Relationship (i.e. Attorneys. Architects, Landscape Architects, Engineers. Lobbyists, Etc.) Stan lev B. Price. Eso. Attornev William W. Rilev. Eso. Attornev (Attach Additional Sheets if Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDiVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(b)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS DAY OF JULY, 2003. AUTHORIZED REP- By: ~ Q,.\. ATIVE OF APPLICANT OWNER By: Title: By: By: ~ V 1li- /" William W. Ril Attornev Title: Address: Title: Address: 200 South Biscavne Blvd. Suite 2500 Miami. FL 33131 \75336\17787\ # 586676 v 1 7/91039:47 AM NOTARIZATION PROVISIONS STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Before me the undersigned authority appeared STANLEY B. PRICE, as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRiBED BEFORE ME this qll- day of JULY, 2003~ I ~-W~ Notary tate of FlOrida at Large Printeg . '1... My com'" n expiresllllSDlAZ ;:f.! ;>\ MY COMMISSION' DD 113548 ;;~" ,'Hi EXPIRES: May 18, 2006 '.~ "'F"f#.~if." SondedThruPlcherdInsuIllllOllAgM'Cf STATE OF FLORIDA );:=-____ COUNTY OF MIAMI-DADE ) Before me the undersigned authority appeared WilLIAM W. RilEY, as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME thi~ day of ~ ~ Notary Public State of Florida ~~. Printed Name of Notary ...:::t:'b,.!> ,0'\'2. Myco.__.," . i'l- "''''"''''''', IBIS DlAZ 'll{.'f~'llf.i; MY COMMISSION' DD 113548 ,<,'. : 1 EXPIRES: May 18. 2006 "1.?'.iif.~. Bond8cITlwuPlchlrdtnsuranot~ \75336\17787\ # 586676 v 1 7/9/039:47 AM 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) W'1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows; (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Appiicant 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 empioyer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. APPLICANT REPRESE By: CO b. Name: Stanlev B. P . e Title: Attornev for the Aoolicant ~ I j DAY OF AUGUST, 2003. WITNESS MY HAND THIS (Signature) (Print) (Print) DAY OF AUGUST, 2003. WITNESS MY HAND THIS By: Name: Title: PrT1'1. (Signature) (Print) (Print) 11~1 ~ The terms "Business Relationship." Client." "Customer." ''Applicant.'' "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. \74980\16124\ # 583631 vI 8/13/034:47 PM NOTARIZATION PROVISIONS STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Before me the undersigned authority appeared STANLEY B. PRICE, as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME this / ,2003. \74980\16124\ # 587040 vi 8/13/03 ),18 PM \ BUSINESS RELATIONSHIP AFFIDAVIT' This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) [X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows; (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS 13 DAY OF AUGUST, 2003. APPLICANT REPRESENTATIVE: By: tU v: 'j/-r Namlt.'William W. Rilev. Jr. Title: Attornev for the Aoolicant WITNESS MY HAND THIS (Signature) (Print) (Print) DAY OF AUGUST, 2003. PROPERTY OWNE By: Name: Title: ~'b l O!\-'f'TOA*'" (Signature) (Print) (Print) . The terms "Business Relationship," Client," "Customer," "Applicant." "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. \74980\16124\ # 583631 v 1 81l3/03 3:21 PM NOTARIZATION PROVISIONS STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Before me the undersigned authority appeared WILLIAM W. RILEY, JR., as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated the III d that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME this ,2003. Not ic State of Florida at Large Printed Name of Notary My commission expires: "'"'''''''' ......nI\I BONNO" i~~'" """"'- ~ ;.'~.'" MYCOMMISSIONtDD182609 ~. ' i EXPIRES: Februwy 4, 2007 ~~jjf.~,., Ib1dBdThruPk:hardlnSlJl8OOlJ~ \74980\16124\ # 587040 v 1 8/13/033:18 PM \ AUG.-13'03IWEDlI6:16 B I LZ I N, SUMBER. ET. AL P. 005/006 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the Individual or entity applying for the Development Permit in connection with the application as follows: Name Albert Garalulo Relationship (Le. A!lameys, Architects. Landscape Architects, Engineers, Lobbyists, Etc.) Encineer (Attach Additional Sheets if Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71 (b)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRiOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION. THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE WITNESS MY HAND THIS _ DAY OF AUGUST, 2003. \7SJJ6\177il\ ff 580676 v I 81llJOl4:1~ PM _AUG.-13'03(WEDI16:16 B I LZ I N, SUMBER. ET. AL P. 006/006 NOTARIZATION PROVISIONS STATE OF F~ORIDA ) COUNTY OF MIAMI-DADE ) Before me the undersigned aulllorlly appeared A~BERT GARGIULO, as the aulhorized representative of the Applicant and/or the owner of the property subject to Ille application, who being first by me duly swam, did swear or affirm that he/she executed thiS Affioavit for the purposes staled therein and thaI il is Irue ano correct. SWORN TO AND SUBSCRIBED BEFORE ME this ~daYMG~ ){i~ ,..".... ",,~~~~, Sara MiriJoIa Nolery Public State of Florida at ~arge f~"A')i~CommIasbt'OOOl06a3 Printed Name of Notary "~,.A~,, KIpIreo Morah 19,200S My commission expires: ~Jlor\'\.\:)""'~ BoIDd "... 'I/n ,,\\ AU,DUe BoDdiog eo.. hw.. \15336117781\ # S8~616 v I 8/13/0l4:22 PM AUG.-13'03IWEDlI6:15 B I LZ I N, SUMBER. ET. AL P.003/006 8USINESS RELATIONSHIP AFfiDAVIT" This Amdavitls made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant l1eraby disclQses that: (mark with "x" applicable portions only) [~ Amant does Il91 have a Business RelatiQnship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ J 2. Affiant hereby discloses !tIat it does have a Business Relationship wi!tl a member of lhe City Commission or a City Advisory Board to Which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on lhe (List Cily Commission or City Advisory Board upon which member serves) The nature of the Business RelationShip is as follows: [ J I. Member of City Commission or Board holdS an ownership interest in excess of 1 % of lolal assets or capital stock of Applicant or Representative; [ ] ii. Member of Cily Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture: [ 1 iil. 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; [ 1 iv. A City Commissioner or Board member is a Client of the Applicant or Representative: [ 1 v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ 1 vi. The member of the City Commission or Board is a Customer of the Applicant or Representalive and transacts more !tIan $25,000.00 of the business of the Applicant or Represenlative in a given calendar year WITNESS MY HAND THIS DAY OF AUGUST, 2003. ,)( By: Name: Albe Title: ~. (Signature) Print) (Print) DAY OF AUGUST, 2003. WITNESS MY HAND THIS PROPERTY OWNER: (Signature) (Prinf) (Print) By: Name: TiUe: . The terms "Business Relationship,' Client,' "Customer." 'Applicant,' "Repraseotative" and "Inlerested Person" am defined in Section 2-395 of/he Aventure City Code. \74980\16Il4\#583631 v 1 8113/03 3:ll PM AUG. -13' 03IWED! 16: 16 B I LZ I N, SUMBER. ET. AL P. 004/006 NOT ARlZATlON PROVISIONS STATEOFFWRIDA ) COUNTY OF1a!fYI C\eoCh ) Before me the undersigned authority appeared ALBERT GARGIULO, as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by me duly swom, did swear or affinn that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME this ~ day of:A l yY teTI- ' 2003. "'~~~"" Sara MiriaoJa ~ iRb grj~\I'''''''''''''' .00010683 N~tary Public State or Plorida at Large ~i~-Mill:rpirw - 19.2005 Pnnted Name of Notary "/' OF ~~'" BoDded: Ttn M ,. . """',,, Atlutk Bondmg Co., In<. y corrumsslon expires: 174980\161141# 587040 v 1 8/13/033:1" PM 1 TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City commiSSiOt;: Eric M. Soroka, I - City Manager , Joanne Carr, AICP ~ Community Development Director June 12, 2003 Request of Gampel Aventura Properties Inc. for the following sign variances for Northern Trust Bank: (1) Variance from Section 31.191 (g)(2)(b) of the City's Land Development Regulations to allow two (2) wall signs within 300 feet of a residentially zoned property, where wall signs are not permitted; and (2) Variance from Section 31.191 (g)(2)(b) of the City's Land Development Regulations to allow primary and secondary wall signs to be 35 square feet each, where the secondary sign is limited to fifty (50) percent of the square footage of the primary sign. (02-SV-03) September 2, 2003 City Commission Meeting Agenda Item 3 C!... RECOMMENDATION It is recommended that the City Commission take the following actions with conditions as outlined herein: 1. Approve the request to allow a variance to permit two (2) wall signs within 300 feet of a residentially zoned property, where wall signs are not permitted by Code. 2. Approve the request to allow a variance to permit the primary and secondary wall signs to be 35 square feet each, where the secondary sign is limited to fifty (50) percent of the square footage of the primary sign by Code. THE REQUESTS The applicant, Northern Trust Bank, is requesting the following (See Exhibit #1 for Letter of Intent and revised Letter of Intent): 1. A Variance from Section 31.191 (g)(2)(b) of the City's Land Development Regulations to allow two (2) wall signs within 300 feet of a residentially zoned property, where wall signs are not permitted. 2. A Variance from Section 31.191(g)(2)(b) of the City's Land Development Regulations to allow a primary and a secondary wall sign to be 35 square feet each, where the secondary sign is required to be fifty (50) percent of the square footage of the primary sign. BACKGROUND OWNER OF PROPERTY Gampel Aventura Properties Inc. NAME OF APPLICANT Northern Trust Bank ADDRESS OF PROPERTY 18909 NE 29th Avenue (See Exhibit #2 for Location Plans, and Exhibit #3 for Aerial Photograph) SIZE OF PROPERTY 1.57 acres (as per survey) LEGAL DESCRIPTION Tract P of the Plat of Marina Del Rey Revised, according to the plat thereof as recorded in Plat Book 144 at Page 89 of the Public Records of Miami-Dade County, Florida Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: TC1 Town Center District RMF3 Multifamily Medium Density Residential TC1 Town Center District RMF3 Multifamily Medium Density Residential TC1 Town Center District Existing Land Use - 2 Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Office Residential Business/Office Residential Commercial Future Land Use - According to the Citv of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Town Center Property to the North: Town Center Property to the South: Town Center Property to the East: Water, and Medium High Density Residential Property to the West: Town Center The Site - This subject site, Northern Trust Bank, is located on NE 29th Avenue, across from the Loehmann's Fashion Island. The building fronts on NE 29th Avenue and also on NE 191 5t Street as a corner lot. The Project - The applicant proposes to place two (2) wall signs of 35 square feet each within 300 feet of a residentially zoned district, one on the north elevation facing Summit of Aventura, and one on the west elevation facing the Publix in the Loehmann's Fashion Island. ANALYSIS Citizen Comments - The Community Development Department has not received any written citizen comments. Consistency with Comprehensive Master Plan - The requests are not inconsistent with the City of Aventura Comprehensive Plan. Community Development Department Analysis - The applicant proposes to place two (2) wall signs within 300 feet of a residentially zoned district, one on the north elevation facing Summit of Aventura, and one on the west elevation facing the Publix in the Loehmann's Fashion Island equal to 35 square feet each. Section 31.191 (g)(2)(b) of the City's Land Development Regulations provides that no wall signs shall be installed on a building elevation that faces an adjacent residentially zoned property. A primary sign is permitted equal to one square foot for every lineal foot of building frontage, and a secondary sign is permitted on corner locations equal to fifty (50) percent of the primary sign. 3 Reauest #1: A variance to Dermit two (2) wall sians within 300 feet of a residential DroDertv. where wall sians are not Dermitted. The proposed signs are within 300 feet of Summit of Aventura, which is zoned RMF3 (Medium Density Residential District), and the Loehmann's Fashion Island property. which is zoned TC1 (Town Centre District), and permits both residential and non- residential uses. It has therefore been determined that the TC1 zone falls into the definition of a :'residentially zoned" property. The proposed signage will be internally illuminated through reverse channel letters, minimizing any glare. Furthermore, the applicant has advised that the signs will be connected to a timer which can be controlled and automatically turned off, if it is determined that the lights become a nuisance to the adjacent residents. Staff recommends that the lighting timer be set to turn sign off at 9:00 p.m. each day, to ensure that adjacent residents are protected from the illumination. Reauest #2: A variance to Dermit the Drimary and secondary wall sian to be the same size. where the secondary sian is limited to fifty (50) Dercent of the sauare footaae of the Drimary sian. The building fronts on NE 29th Avenue and also on NE 191 st Street as a corner lot. This building is allowed two wall signs under Code. A primary sign is permitted to a maximum size of one square foot for every lineal foot of building frontage, and a secondary sign is limited to fifty (50) percent of the primary sign. The tenant frontage on NE 29th Avenue is 119.08 feet, and 126.92 feet on NE 191st Street. The square footage of the signage allowed for this property is 126.92 square feet, and 63.46 square feet, for a total of 190.38 square feet. The total square footage of both proposed signs, at 70 square feet, is considerably less than what is allowed on one wall. Criteria The guidelines for approval of sign variances as required by Section 31-191 of the City's Land Development Regulations require: The sign variance maintains the basic intent and purpose of the regulations, particularly as it affects the stability and appearance of the City and provided that the Variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship is required. The requested sign variance promotes the stability and appearance of the City. The square footage of the proposed signs is less than the square footage allowed on one wall of the building under Code. Therefore, granting these variances will be consistent with the purpose and intent of the sign code, which is to limit the amount, type and the size of signs in the City. 4 The proposed sign variances will be compatible with the surrounding land uses and will not be detrimental to the community. The signs will be within 300 feet of residentially zoned property to the north and west, but the illumination will be turned off no later than 9 p.m. each day. This will fulfill the intent of the Code to protect residents from the illumination, while allowing the business to identify its location. CONDITIONS 1. Plans shall substantially comply with those submitted as follows: . "Building Sign Plan and Details for Northern Trust", Sheet BS-1 prepared by Oliver, Glidden, Spina & Partners, Inc., dated 5/2103, signed and sealed, revised 8/11/03. 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. Permit plans shall indicate that an automatic timer shall be placed on the signs to turn off the illumination no later than 9 p.m. each day. 5 AUG. -18' 031MU~1 j,:~l ---- D I uL II', ~UMDt.K. t.!. ~u r. UU~/UU~ BILXIN SUMBERG BAtNA PRICE & AXEI.ROD LLP A P."T...E.ASH1P 0,. ~..O"C=UiIOH"l A5SOCIATIONS 2'00 souT" B,St:::AVt4E .OU\,.EY.....O. 5UIK CIiOO. MIA,...I, ,.\,.OR,D. .33..)'-6;140 ~\.E""ONt:: 130.' 3174-7..0 . ..-....: (3Oe1 37..-1..3 E-NAIL: '.....O..,L.EIN.c;OM . WWW..U.ZIN.CO... .TANI.~Y 8. P~IC~, fl..... PIIltt.CT DIAl.. <30151 360-237. I:-JI'I"",L sprlcetllblJ%U....oom August 18. 2003 Ms. Alanll Wooten Assistant Plannor City of A ventura 19200 West Country Club Drive A ventura. FL 33180 BYFAX Re: Northern Trusl Bank File No. 02-SV.ol; SIgn Variance Application Dear Ms. Wooten: Please accept this lener as our revised letter of intent in conjunction with the above-styled zoning application, Please be advised thllt based upon the amended site plans recently furnished to your office, that the client is requesting two (2) signs, each of which are thirty-live square feet on the west and north sides ot'the building. In 1111 other respects, our lel1cr ofintent remains in plllce. Thank you for your kind attention to this matter, v cry truly yours, ~~ Stanley rice SBP:cm ec: Phil Ward Kathleen Slllarm 17)946\l9mll 618121 . I 1I1W3\1:0AM EXHIBIT #1 02-SV-03 ~ .~ - LEITER OF INTENT May 15, 2003 Mrs. Joanne Carr, Director Planning Department City of A ventura 19200 West Country Club Dr. Aventura, Florida 33180 Dear Mrs. Carr; This letter is submitted as an explanation of the variance requests to allow for signs within 300 feet of a residential district on the property described in this application. The property is the new Northern Trust building located to the rear and across 29th Avenue from the Loelunann's site. Its fronts on N.E. 29th Avenue and as a comer lot also fronts on N.E. 191 It Street. The legal description is included on the application. Northern Trust proposes to have two signs for their banl<. One would be on the West Elevation. This faces the Loehmann's PlazalPublix property. The sign is approximately 21 feet-2 inches wide by 16"high. Accordingly, it is less than 30 square feet. As you know a wall sign is allowed to have one square foot for each lineal foot of building frontage. The building length is 187.6 feet. The Northern Trust Spaces is 119' on N.E. 29 Avenue and 126' on N.E. 191 It Street. Accordingly, the signage allowed is substantially greater than what is being proposed. In addition, the code allows a second sign on a comer lot. The second sign can be 50% of the square footage of the primary sign. In this instance the 50% would result in a 15 square foot sign. However, we believe that since the primary sign is so much smaller than could be allowed that a secondary sign of the same size should be permitted. Both signs together don't total what would be allowed by the code based upon the building length. An additional issue also concerns the fact that this property is located in the Town Center District. However, the northside of1911t Street has aresidential zoning classification. Accordingly, we are not allowed to have a sign within 300 feet of that residentially zoned property. One of the proposed sign faces the rear of the Publix store and is not oriented toward the residential area. However it is within 300' of EXHIBIT #1 02-SV-03 "'\ I~:" ...... the residential zone. The second sign faces toward the residential zone but the sign size in this instance again is minor by comparison to conceivably what could be allowed. Further, the lighting consists of reverse channel letters with back lighting. Accordingly, the letters are actually lighted from the inside. As such, there is no glare or garish appearance when the sign is illuminated. In addition, the signs are on a timer. Accordingly, the signs can be turned off automatically if at any time they appear to present any kind of problem to the residential properties to the north. Again, based upon the quality of these signs we don't believe that such a problem would occur. Accordingly, we are requesting two variances. The first is to allow for a secondary wall sign which is the same size as the primary wall sign. Again both signs in total are substantially less than what could be allowed on anyone wall. Secondly, we need a variance to allow for both signs within 300 feet of the residentially zoned district to the north. The north elevation sign is located 70' from the property line and the road is approximately 75' wide. The west elevation sign is back an additional 30' from the residential zone and oriented toward the commercial uses to the west. We believe both of these requests are reasonable in consideration of the sign size being proposed. In addition, the signs themselves are a high quality sign. They are not lighted in such manner as to be offensive to any surrounding property particularly any residential property. It should also be noted that there are existing signs on the commercial buildings fronting N.E. 29th Avenue and oriented toward the residential district. In view of the foregoing we respectfully request your favorable review and consideration of this application. t~l~ 'J eM,.fer JI/IG. t-lo..mA.l'q.,. ~/.~ t<4/f'e60 6 ft';!kA'.e.e. IlROWARD COUNTY "_1_1_1_' DADE COUNTY IVES DAIRY RD. .. MIAMI GARDENS DR. ~ w X 15 ~ :. :. :. ;- :'!I :" :" :' :' .. . :' :. :' :' :. :. :' .. .. .. '. . . '. :. , .. . :' :' :' .. :. :. :. :. :' .. :" :" :" io .. :" io .. . .. :. :. :1 .. :. . :. :' .. :. ;- 201 TEA. a: o AVENTURA ~\.\IQ. ~ -' FiretO (,) Rescue Al'enlura ~ Statio. library !z Aventura Police =' De artment 8 Aventura Mall G (', () 192 ST. ~ -I lD ;z ~ 8 -1- ci ~ lD ;z ~ 8 Atlantic Ocean LEGEND ~ \ 1 ~ - \ EL.- 1 / ~ Roadways . . . . . . City Boundary ZIP Code Boundary ----------- Railroad r-J EXHIBIT #3 02-SV-03 RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR NORTHERN TRUST BANK LOCATED AT 18909 NE 29th AVENUE, TO PERMIT TWO (2) WALL SIGNS WITHIN 300 FEET OF A RESIDENTIAL PROPERTY, WHERE WALL SIGNS ARE NOT ALLOWED BY CODE, AND TO PERMIT THE PRIMARY AND SECONDARY WALL SIGNS TO BE THE SAME SIZE AT 35 SQUARE FEET EACH, WHERE THE SECONDARY SIGN IS LIMITED TO FIFTY (50) PERCENT OF THE SQUARE FOOTAGE OF THE PRIMARY SIGN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC1, Town Center District, a mixed use district; and WHEREAS, the Applicant, Northern Trust Bank, through Application No. 02-SV- 03, has requested a sign variance to permit two (2) wall signs within 300 feet of a residential property, where wall signs are not allowed by code, and a sign variance to permit the primary and secondary wall signs to be the same size at 35 square feet each, where the secondary sign is limited to fifty (50) percent of the square footage of the primary sign; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 02-SV-03 for Sign Variance, to permit two (2) wall signs within 300 feet of a residential property, where wall signs are not allowed by code, and a variance to permit the primary and secondary wall sign to be the same size at 35 square feet each, where the secondary sign is limited to fifty (50) percent of the square footage of the primary sign, on property legally described as: Resolution No. 2003- Page 2 Tract P of the Plat of Marina Del Rey Revised, according to the plat thereof as recorded in Plat Book 144 at Page 89 of the Public Records of Miami-Dade County, Florida aka 18909 NE 29th Avenue is hereby granted exclusively to Northern Trust Bank. This variance shall not be transferable to subsequent tenants/owners. CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · "Building Sign Plan and Details for Northern Trust", Sheet BS-1 prepared by Oliver, Glidden, Spina & Partners, Inc., dated 5/2103, signed and sealed, revised 8/11/03. 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. Permit plans shall indicate that an automatic timer shall be placed on the signs to turn off the illumination no later than 9 p.m. each day. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , 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 Resolution No. 2003- Page 3 PASSED AND ADOPTED this 2nd day of September, 2003. Mayor Jeffrey M. Perlow ATTEST: Teresa M. Soroka, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2003. CITY CLERK a '\""..!!:I APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identnied in the accompanying application, and the owner of the property subject to the application (it different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e. Attorneys, Atch#ects, Landscepe Arch#ects, Engine.,., LOObyisfs, EIe.) Phi ill;) J 0. L\.,wd C "LYed tUJ. t- . (Attach Additional Sheets it Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFADAVlT PURSUANT TO SEC. 31-71(B)(2)(1V} OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ~3 D DAY OF mal" ( ,2001 OWNER G-1"I7hPh ,/Jl;e-n.-rt<~t1 tf' rol'''.,f.~ +"'. B~a_ ~~ Name:a nat&!6 6 . rJt'!>5ffe.;e, (Print) Tille: l/ ;( e. f're.c I rLe-.I- Addressjil<('rtf!.fS((~ 17/1/~ Skr.'h.1ob /(}vP-7<~ t>-. /C'z- "3?, / n; , By: Tille: Address: ;;. ,t;'j.S SI l ' '1 t"'Iffi ~ I)J/1IJ1i;11 ;]1/;).( STATE OF FLORIDA ) COUN1Y OF MIAMI.DADE) Before me the undersigned authority personally appeared ~ Applicant andIor the owner of the property subject to the application, who being first by me executed this Affidavit for the purposes stated therein and that it is true and correct. . ~ SWORN TO AND SUBSCRIBED BEFORE ME this~ay of ~ O SELMA M. CURTIS MY COMMISSION II 00066851 EXPIRES: October 23, 2005 l<<X).3-NOTARY R..NcUllyStMce&BoncIng,Inc. )A, Notary Public State of Florida M. Large Printed Name of Notary My commission expires: . "1>,,;;..0"" BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71 (b)(2)(iij of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark with 'x' applicable portions only) [ )1. Afflllllt 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. f;42. AffIant hereby discloses that II does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: serves). (list name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory 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 stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a colpolation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] Iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same offICe or for the same employer as the member of the City Commission or Board; It!. iv. A City Commissioner or Board member is a Client of the Applicant or .Il.epresentative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS ~ DAY OF fJ1ar .200). ~ ~ :-:-i" (Signature) (Print) (Print) WITNESS MY HAND THIS '1f!.- DAY OF ~r . 206J. PROPERlY OWNER:Ghpll'ez.. jHL"-'Tl<..M ,p~"~I"'j/ C)..< . ~~ ~ (Signature) Name: . ~ (Print) Tille: i c.. u;~ (Print) 'The tenns 'Business Relationship," "Client" "Customer," "Applicant," "Representative" and "nterested Person" are defined in Section 2-395 of the AventullI City Code. ! WITNESS MY HAND THIS ~ DAY OF /hay .2001. ( usiness Relationship Affidavit) By: (Signature) By: (Signature Name: ])j;atl (Print) Name: (Print) Title: Ce/l.J5IJ (ilIl (Print) Tille: (Print) By: (Signa(ure) By: (Signature Name: (Print) Name: (Print) Tille: (Prim) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) < Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Prim) Name: (Print) Tille: (Prim) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) NOTE: 1) Use duplicate sheets If disclosure Infonnallon for Representative varies 2) Applicants and AftIants are advised to timely supplement Utls Affidavit pursuant to See. 31-71(b)(2Xlv) of Ute City's Land Development Regulations In Ute CIty Code, In Ute event Utat prior to consideration of the application by Ute CIty Board or Commission, Ute Inlonnallon provided In Ute Affidavit becomes Incorrect or Incomplete. STATeOFFlORIDA ) COUNTY OF MlAMJ.DADE) Beb9 me, !he lI1dersigned authority, personaly ewe-J~ /J. ~ Affian~ who beiIg first by me duly sworn, did swear Of affirm !he! heIshe._lhIsAftidaYilforthepurposesstatedthe..iner<lthetlisllUe CCf18Ct ~/ J?, _ ~ AFfIANT / . deYof~200\..:3 ~ . o . '^" .I-})'J.IN~4 Nolary NIle Stall 01 Florlde M. Lerve NOTARIZATION PROVISION AND SUBSCRIBED belote me thO SELMA M. CURTIS MY COMMISSION /I 00066651 EXPIRES: October 23. 2005 1<<lO-3-NOTAAY A.. Nowy Service & Bonding. Inc. _ Heme 01 Nolary My ""mmis.I",".><pires: STATEOfFlORJOA ) COUNTY Of MIAMHlADE) SELMA M. CURT1S MY COMMISSION /I DO 066851 EXPIRES: October 23, 2005 1 <<o3.NOTARY Fl Nwry Snic:e & Bordng. tnc. ( deyof~200I.~ A:. ~/J",~ Notary Public: SIBil of Florlde M Lerve Beb9 me. the und8l1lgned authority, p8fSCXI8lIy ewe-J heIshe 8Imll8d Ihis AIlidavIt for !he purposes stated _ er<I thell is Irue and CCf18Ct Ptlnted Heme of Nolaty My c:ommission .xplre.: STATE OF R.ORIDA ) COUNTY Of MIAMI-IlAIlE) Belote me, the lI1dersigned authority, personaly _18d heIshe 8Imll8d Ihis AIlidavIt for the purposes stated """'in er<I thell is IIUe and CCf18Ct the Affiant, who beiIg first by me duly sworn, did sweer Of affirm that AFfIANT SWORN TO AND SUBSCRIBED before me this _ dey 01 2001. Nolary NIle Stall of Florlde M. Lerve Prlntad Heme of Nolary My ...........,.><pires: STATEOfR.ORlIlA ) COUNTY Of MIAMHlADE) BetonI me, the undafsIgned authority, peISOMIy eppea/8d heIshe .lIIlCXIIecllhis AIlidavIt for the putpClS8S stated _ er<I thell is Irue er<I CCf18Ct the Affiant, who being first by me duly sworn, did sweer Of allinn that AFfIANT SWORN TO AND SUBSCRIBED belote me this _ deyof 2001. Nolaty NIle Stale 01 Florlde M. Lerve _ Heme 01 Nolary My cOh.11issioiI upies: 11 APPLICANT REPRESENTATIVE AFRDA VIT Pursuant to Section 31-71 (b)(2)(ij of the City of Aventura Land Development Code, this Applicant Representative Affldavills hereby made and submilled. The undelSigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the apprlCation f~ different) hereby rlStS and identifl8S all persons representing \he individual or entity applying for \he Development Permn In connection with \he application, as follows: ~. Relationship (/... AIlomoys, ~ LandscBpo ~ Eng/nMnl. LD/Jbyisls. EIl:.) Vi C.e Pres; d.-e..j- ~ t.Jo(~1'\ Tl"t4+ S-r.......,lX'f 1!..? eo. c.c;; Pcr-Coa..->EM (Atlach AdditionaJ Sheets If Neces&aIy) NOTICE: ANt STATEMENT OR REPRESENTATION MADE BY ANt PERSON USTED ON THE APPUCANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFFIANTS ARE ADVISED TO TIMa Y SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEe. 31-71(B)(2)(IV} OF THE CITY'S LAND DEVaoPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. !h] .200). W;llhf'~1.- t&v4-n1"luen-/;1oPerT/~ 'H. . .?fI:~' ~ - Name: d~ C,.-. /T1'%/I.e.n. (Print) Tille: U..(e. tfhA,)cl~ Address: 1fi/9) t!5rs( ~ S v.t W( '306 4)h.~'l )CL 5 J I p-t;> , 'X ~~ Name: ~~ re ~ TrtIe:~~ Address: ro u.t~ Ne jMMAl fl ~?Jr'" I STATEOFR.ORIDA ) COUNTY OF MIAMI-DADE} Before me the undersigned authority personally appeared ~etu\ifu t'k 1J"""Co.ro.. as \he authorized representative of \he Applicant and/or the owner of \he property subject to \he application, who being first by me duly sworn, did swear or affirm \hat he/she executed \his Affidavit for the purposes stated \herein and \hat n is true and correct. K'o:tI- ,J ... l'\o'\ ~ AFFIANT ..eeEH. 2clO 3 SWORN TO AND SUBSCRIBED BEFORE ME \his 1'& day of 1'-\~ ~\I"llIlII"" .++~~.~.~ L~;'~IQy~"" ;JI",<...or<A'lJtf!J~ .. ~ ",to.,;r- ""l,\: -. = :.-~ :* 5*: .... : \ \, 100 1881~ ! - . . Notary Public State of Florida IV. Large Printed Name of Notary l<..:ti..~ SMAn I., My commission expires: 2'2.5'0'1- g./.... .... . I ~ '\,.. fSf/J'; ~...~. BUSINESS RELATIONSHIP AFFIDAVIT" This Affidavtt is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses thaI: (mark with 'x' applicable portions only) I ] I. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. "'2. Affiant hereby discloses that tt does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented. as follows: serves). (Ust name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member []i. The nature of the Business Relationship is as follows: [Iii. )(.iii. [Iiv. [Iv. [Ivi. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; Member of City Commissi<l\1 or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; 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; A City Commissioner or Board member is a Client of the Applicant 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 calendar year; The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS APPC ' ~: ~. Tille: '1I'.f!~IDf5lJT' DAY OF .2001. (Signature) (Print) (Print) WITNESS MY HAND THIS _ DAY OF ,2001. J'-..PRSPERr:!,PWNER: G"""~ A.'IFNlOeA VRoP6lOlE.-o.~c.. BY:L./~ ~. ~ (Signature) Name: ~ '<!l. ~12>~~ (Prinf) Tille: V" I etl. l"y~." l.l..... t- (Prinf) 'The fenns 'Business Relationship,' "Client,' 'Cusfomer,' 'Applicanf,' 'Representative' and 'Inferesfed Person' are defined in Section 2-395 of the Avenfum CHy Code. ~ . Arr'L1CANT REPRESENTATIVE A. .DAVIT PulSuant to Section 31-71(b)(2)(i) of the City of Aventura land Development Code,lhis Applicant Representative A1fldavills hereby made and submitted. The undersigned au1horized representative of the ildividual or entity applying lor the Development Permit, which Is i:lentified it the accompanying appflCation, and the owner 011he property swjecl to 1he appflCation fd d"dlerenQ hereby ists and identifieS an persons representing the ild'Nidual or entity applying lor 1he Development Perm~ it connection with 1he apprlCation, as lollows: Name Relationship ~... AItotneys, Ait:I1II.eds, lends<:epe 1/ Ait:I1II.ecls. Engineers, ~ Efc.} t5GSf A,.J,;lech .. tR/Ih Jfim .A rch i.JecJ._ (Allac:h Add'tIionaI Sheets II Necessary) NOllCE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATIVE AffiDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENl1TY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFAANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFftDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S lAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRtOR TO CONSIDERATION OF THE APPUCATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFADAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ~DAY OF ~-+- AUTHORIZED REPRESENT VEpF APPUCANT: By: .~. OWNER l' Name: T~:-A,.J,i fe.'7Y- h:ldress: J 401 Ii rcJ hi !>>o..v #- b:> .. - / w fl3 . R.. 33t/tJ/ , STATE OF FLORIDA ) COUNlY OF MIAMI-DADE) Before me Ihe undelSlgned aulhority pel$OMlly appeared Jr'.... '''-h So,." __ as 1he au1horized representative of the Applicant andIor the owner of the property subject to the appflCaUon, who being filSt by me duly swom, aid swear or affirm tha@he executed this A1fldavillor Ihe purposes stated therein and that k Is frue and correct. By: (Signature) Name: (Print) Title: Address: SWORN TO AND SUBSCRIBED BEFORE ME thiJ~da of ~ "...J2 11 ANITA B. WURSTER NCJ1M'l' COMMISSION . CC968A76 -.c ElCPIlfS OCT 20 2000l ~ cw IOtClID ft..xJQH - _NONf AFAANT .2003 a. -& 3. !A2:-6-,. Nolaly Pwlic Slate of ~ N. Lar~ Printed Name 01 Notary /..... 8. vJ V-n kr My commission expires: / 0 ~ / 0 '-I =-- . ./A .. in.lSINESS RELATIONSHIP AFF1~rlVITt This A/ftdavil is made pursuant to Section 3Hl(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses 1hat (mark with "x" applicable portions only) 1]1. A/fl3l1t does not have a Business Relationship with any member of 1I1e City Commission or any City Advisory Board to which the appfication will be presented. ~. A/fl3l1t hereby discloses 1hat h does have a Business Relationship with a member of 1I1e City Commission or a City fvjvisory Board to which the application will be presented, as follows: (Ust name of Commissioner or fvjvisory Board Member) who serves on 1I1e (Ust City Commission or City fvjvisory Board upon which member serves). .. The nature of 1I1e Business Relationship is as follows: [ I i. Member of City Commission or Board holds an ownership ilterest il excess of 1 % of tofa1 assets or caplfaI6\Ock of Applicant or Representative; II U. Member of City Commission or Board is a par\nef, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with 1I1e Appficant or Representative il any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of ano1l1er professional working from 1I1e same office or for 1I1e same employer as 1I1e member of the City Commission or Board; [ I iv. A City Commissioner or Board member is a Client of 1I1e Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of 1I1e member of 1I1e City Commission or Board (or of his or her employer) and transacts more 1han $10,000.00 of 1I1e business of 1I1e member of 1I1e City Commission or Board (or his or her employer) il a given calendar year, [ ) vi. The member of 1I1e City Commission or Board is a Customer of 1I1e Appficant or Representative and transacts more 1han $25,000.00 of lhe business of lhe Applicant or Representative il a given calendar year. WITNESS MY HAND TIllS )..1" DAY OF /)" r _:::I .200 ~ APPUCANT: ~ "1f.. fM'~I~' W1TNESSMYHANDTIlIS )3+>-DAYOF IIJir-::fl., .2QC2 ZLWNER:GIJI?I @entub1' f(f?.ol!'erTfes,f,..c. . a Signature) Name: 'I'f () H U(. (Print) Tille: i' .L- Prinf) . 'The leons 'Business RefaUonship," "Client," "Customer," "Applicant," "Representative" and 'nterestect Person" are defined In Sec/Ion 2-395 of the Aventura City Code. WllNESS MY HAND THIS /J ~ DAY OF ~S'^^+- .20&. ted on Business Relationship Affidavit) . By: By: (Signature Name: Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (prinQ Name: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (PrinQ Tille: (Print) NOTE: 1) Use duplicate sheets If disclosure Infonnatlon for Representative varies 2) Applicants and Affl8l\ts Ire advtsed to timely supplement thls Affidavit pursuant to Sec. 31.71(b)(2)(1v) of the Clty's Land Development Regulations In the CIty Code, In the event that prior to consideration of the application by the CIty Board or Commission, the Infonnatlon provided In the Affidavit becomes Incorrect or Incomplete. 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) ~1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows; (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25.000.00 of the business of the Applicant or Representative in a given calendar year. APPLICANT REPRESE By: '0 b. Name: Stan lev B. P . e Title: Allornev for the Aoolicant """" \ j DAY OF AUGUST, 2003. WITNESS MY HAND THIS WITNESS MY HAND THIS (Signature) (Print) (Print) DAY OF AUGUST, 2003. By: Name: Title: 11-1"1'1. (Signature) (Print) (Print) . The tenns "Business Relationship," Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. \74980\16\24\#58363\ v \ 8113/03 4047 PM NOTARIZATION PROVISIONS STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Before me the undersigned authority appeared STANLEY B. PRICE, as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct otarx ublic State ofF Pn ed Name of No tar Mycommis '0 -1if.Wz., CHRlS'llNE B. MRAZOVlCH f.f!J'''\ MY COMMISSION 100 094036 ~. ~1 EXPIRES: Fshruary 20. 2006 ~~r;;.....\,.,' BoncIeCIThruP\ctMIln9Ura!lOfl~ '4i1..,i' ,2003. SWORN TO AND SUBSCRIBED BEFORE ME this / \74980\16124\ # 587040 vi 8/13/033:18 PM \ TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City commiSSiOi; Eric M. Soroka, IC A-C City Manager ./ Joanne Carr, AICPf\ /1/1\ Planning Director I.J.I<...,- August 17, 2003 Request of Ben Fernandez for Merco Group at Aventura landings I, II and III, Inc. for (1) Variance from Section 31-143(f)(3)d. of the City's Land Development Regulations to allow reduced front, side and rear yard setbacks on the town homes and south condominium building; (2) Variance from Section 31-143(f)(3)a. to allow a reduced lot size for town homes; (3) Variance from Section 31-171(b)(2) to permit no exterior parking spaces on the town home site; (4) Variance from Section 31- 143(f)(3)b. to allow a building height that creates a shadow on adjacent property; and (5) Variance from Section 31-172(c) to allow driveway separations of less than 150 feet of landscaped frontage for property located on NE 28 Court at NE 185 Street, Aventura. (03-VAR-03) September 2, 2003, City Commission Meeting Agenda Item 3 b RECOMMENDATION It is recommended that the City Commission take the following actions, with the conditions listed in this memorandum: 1. Approve the request for variance from Section 31-143(f)(3)d. of the City's land Development Regulations to allow reduced front, side and rear yard setbacks on the town home and south condominium developments. 2. Approve the request for variance from Section 31-143(f)(3)a. to allow a reduced lot size for town homes; 3. Approve the request for variance from Section 31-171(b)(2) to permit two interior parking spaces for each townhouse; where one exterior and one interior parking space is required by Code; 4. Approve the request for variance from Section 31-143(f)(3)b. to allow a building height that creates a shadow on adjacent property; 5. Approve the request for variance from Section 31-172(c) to allow driveway separations of less than 150 feet of landscaped frontage. THE REQUESTS The applicant, Ben Fernandez for Merco Group at Aventura Landings I, II and III, Inc., is requesting the following (See Exhibit #1 for Letter of Intent dated April 24, 2003 and Exhibit #2 for Supplemental Letter of Intent dated June 6, 2003): 1. Variance from Section 31-143(f)(3)d. of the City's Land Development Regulations to allow to allow a front setback of 12 feet for town homes, where a minimum 25 foot front setback is required by Code, to allow a street side yard setback of 7.5 feet for townhomes, where a minimum 20 foot street sideyard setback is required by Code, to allow a rear yard setback of 16 feet for town homes, where as minimum of 25 feet is required by Code; and, to allow a side yard setback of 10 feet for the south condominium building, where a minimum 25 feet is required by Code; 2. Variance from Section 31-143(f)(3)a. to allow a lot size of 1281 square feet for town homes, where a minimum of 1600 square feet is required by Code; 3. Variance from Section 31-171(b)(2) to permit two interior parking spaces for each townhouse; where one exterior and one interior parking space are required by Code; 4. Variance from Section 31-143(f)(3)b. to allow a building height that creates a shadow on adjacent property; where the Code requires that all buildings exceeding 100 feet in height shall be situated such that the shadow created by the sun at 12:00 noon on December 21 will not fall on any adjacent property except for public road rights-of- way; and 5. Variance from Section 31-172(c) to allow driveway separations of 95 feet on the extension of Miami Gardens Drive and 25 feet on NE 28 Court; where a minimum separation of 150 feet of landscaped frontage is required by Code. all for property located on NE 28 Court at NE 185 Street, Aventura. 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 2 Landings I, II and III, Inc. LOCATION OF PROPERTY NE 28 Court at NE 185 Street (See Exhibit #3 for Location Map and Exhibit #4 for Aerial Photograph) SIZE OF PROPERTIES Approximately 9.02 acres (including .65 acres of the right of way requested to be abandoned) DESCRIPTION IBACKGROUND 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. 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, vacation of a portion of the NE 28 Court right of way, these variances to the City's Land Development Regulations, a declaration of restrictions in lieu of unity of title to limit density to 45 dwelling units per acre and a development agreement relating to the design and construction of the extension of Miami Gardens Drive through the site. The requests for comprehensive plan amendment and rezoning were given first reading at the public hearing on July 1, 2003. Second reading is scheduled on the September 2, 2003 public hearing agenda. The request for abandonment of right-of-way is also scheduled for public hearing on the September 2, 2003 agenda. Variance approval, if granted, is conditioned upon approval of the comprehensive plan amendment, rezoning and abandonment of right-of-way. The extension of Miami Gardens Drive will create north and south parcels for this development. Sixty-two (62), 3-story town homes and one hundred and thirty eight (138), 13 story loft style condominium apartments are planned on the parcel that will lie to the south of the extension road. Two hundred and five (205) units in a condominium building ranging from 13 to 18 stories are planned for the north parcel. 3 The extension of Miami Gardens Drive and improvements to the existing road from Biscayne Boulevard to NE 28 Court are 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 its development site. The Development Agreement, proposed for approval as part of the rezoning request, 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 and rezoning ordinances, is conditioned upon dedication of land to the City by the applicant for the extension of Miami Gardens Drive. 4 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. All requests for variance evaluated in this report are based on the site development standards in the RMF4 zoning district. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: ANALYSIS Business and Office Business and Office Medium High Density Residential Medium High Density Residential Business and Office 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 vacant, under remediation commercial residential utility station commercial Consistency with Comprehensive Master Plan - The requests will not be inconsistent with the City of Aventura Comprehensive Plan, provided that the City Commission approves a request for comprehensive plan amendment to change the future land use designation on this site from Business and Office to Medium-High Density Residential. Citizen Comments - The Community Development Department has received no written citizen comments. Community Development Department Analysis - The applicant proposes a residential development consisting of 205 condominium units on the parcel to the north of the land to be dedicated for the extension of Miami Gardens Drive and 62 town homes and 138 loft style condominium apartments on the parcel to the south of 5 the extension road. The site is evaluated as one development site for zoning purposes in accordance with the Declaration of Restrictions in Lieu of Unity of Title to be prepared and recorded by the applicant. In order to construct the plan as submitted, the applicant requires approval by the City Commission of the variances listed above. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LOR. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (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: Variance from Section 31-143(f)(3)d. of the City's Land Development Reaulations to allow to allow a front setback of 12 feet for town homes. where a minimum 25 foot front setback is reQuired bv Code. to allow a street side yard setback of 7.5 feet for town homes. where a minimum 20 foot street side yard setback is reQuired bv Code. to allow a rear yard setback of 16 feet for town homes. where as minimum of 25 feet is reauired bv Code: and. to allow a side yard setback of 10 feet for the south condominium buildina. where a minimum 25 feet is reQuired bv Code: The plan submitted proposes the following reduced setbacks: 1. Townhome Development. 6 . A front setback of 12 feet, where a minimum 25 foot setback is required by Code. · A rear yard setback of 16 feet, where a 25 foot setback is required by Code. · A side street setback of 7.5 feet, where a 20 foot setback is required by Code. 59 of the 62 proposed townhouse lots require variance approval for the front yard setback. The minimum proposed front yard setback is 12 feet for Lots 45 to 49 inclusive. These lots are interior and face the private park. The majority of the lots indicate a front yard setback of 21 feet 6 inches. 27 of the 62 proposed townhouse lots require variance approval for rear yard setbacks. The minimum setback proposed is 16 feet on Lots 41 to 44 and Lots 58 to 62 inclusive. 8 of the 62 proposed townhouse lots require variance approval for side street setbacks. The minimum proposed setback is 7.5 feet for Lot 10. The balance of the reduced setbacks range from 16 feet 4 inches to 19 feet 7 inches. 2. Loft Condominium Development on South Parcel. . A 10 foot side yard setback, where a 25 foot side yard setback is required by Code. The applicant is proposing a 10 foot side yard setback from the east property line, abutting the utility substation. The two story parking garage and one of the street front units are proposed to be constructed within the required setback. The principal building is set back 110 feet from this property line. The applicant has advised that it is negotiating for a license agreement with Florida Power and Light to relocate the existing fence 20 feet to the east and provide enhanced landscaping, thereby creating a 30 foot landscape buffer between the building and the substation. The applicant states that the hardship arises from the fact that the City's Land Development Regulations do not address or anticipate the proposed urban design and further arises from the irregularly shaped parcel created by the road alignment of the extension road and the dedication of that land for road purposes. The applicant has worked co-operatively with staff since February on several redesigns of this development to accomplish an urban design and a desirable mix of housing types for City residents. Each townhome has a front yard. There is a private park and a clubhouse and pool. Sidewalks connect all units with each other, with the park, with the amenities and with existing sidewalks in the public rights-of-way. Garages are accessed from the rear of all units, leaving the front yards safe and comfortable for pedestrians. The reduced setbacks and compact development style are essential elements of urban design. The hardship in creating this design does arise from the unique shape of the property resulting from the dedication of the road extension to the 7 City. The conditions upon which the request for variance is based are unique to this parcel. The alleged hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LOR. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed development 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 in the vicinity. While each variance request is of a unique and independent nature, the following information is provided for Commission's information. Five previous requests for reduced yard setbacks have been granted by the City Commission. These were setbacks for an office building on East Dixie Highway, for a medical office building on the Aventura Hospital Campus, for a retail building on Biscayne Boulevard at NE 190 Street and for two retail buildings on Biscayne Boulevard at NE 179 Street. Reauest #2: Variance from Section 31-143(f)(3la. to allow a lot size of 1281 sauare feet for town homes. where a minimum of 1600 sauare feet is reauired bv Code. The Code requires a minimum lot size for freehold townhouse lots measuring 20 feet in width and 80 feet in depth with an overall area of 1600 square feet. All of the exterior lots in the townhouse development meet this code requirement; however, seventeen of the interior lots range from 1281 square feet (Lots 46, 47 and 48) to 1588 square feet (Lot 60) as shown on the table on Sheet SP-1 a of the submittal drawings. The applicant states that the hardship arises from the fact that the City's Land Development Regulations do not address or anticipate the proposed urban design and further arises from the irregularly shaped parcel created by the road alignment of the extension road and the dedication of that land for road purposes. The applicant has worked co-operatively with staff since February on several redesigns of this development to accomplish an urban design and a desirable mix of housing types for City residents. Each town home has a front yard. There is a private park and a clubhouse and pool. Sidewalks connect all units with each other, with the park, with the amenities and with existing sidewalks in the public rights-of-way. Garages are accessed from the rear of all units, leaving the front yards safe and comfortable for pedestrians. These are essential elements of urban design. The hardship in creating this design does arise from the unique shape of the property resulting from the dedication of the road extension to the City. The conditions upon which the request for variance is based are unique to this parcel. The alleged hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LOR. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed development will not substantially increase the congestion in the public 8 streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity. While each variance request is of a unique and independent nature, the following information is provided for Commission's information. There has been no previous variance request for reduced townhouse lot size. ReQuest #3: Variance from Section 31-171(b)(2) to permit two interior parkina spaces for each townhouse: where one exterior and one interior parkinQ space are reQuired bv Code. City Code requires that each residential townhouse provide a minimum of one parking space in a fully enclosed, attached private garage. Conversion of the garage into living area is prohibited. It further provides that a minimum of one unenclosed parking space be provided for townhouses with one to three bedrooms; two unenclosed parking spaces for townhouses with four or more bedrooms and that the unenclosed parking spaces not be located so as to require a parked vehicle to interfere with sidewalk travel lines. The plan as proposed does provide the two parking spaces for each townhouse; however, these spaces are both inside the garage. No exterior space, as required by Code, is provided for each unit. The plan has provided for 26 exterior guest parking spaces, located in each corner of the townhouse development. Staff believes that these exterior guest parking spaces and the provision of two parking spaces in each unit's garage will adequately serve the parking needs of this parcel. The applicant states that the hardship arises from the fact that the City's Land Development Regulations do not address or anticipate the proposed urban design and further arises from the irregularly shaped parcel created by the road alignment of the extension road and the dedication of that land for road purposes. The applicant has worked co-operatively with staff since February on several redesigns of this development to accomplish an urban design and a desirable mix of housing types for City residents. Each town home has a front yard. There is a private park and a clubhouse and pool. Sidewalks connect all units with each other, with the park, with the amenities and with existing sidewalks in the public rights-of-way. Garages are accessed from the rear of all units, leaving the front yards safe and comfortable for pedestrians. These are essential elements of urban design. The hardship in creating this design does arise from the unique shape of the property resulting from the dedication of the road extension to the City. The conditions upon which the request for variance is based are unique to this parcel. The alleged hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LOR. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed development will not substantially increase the congestion in the public 9 streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity. While each variance request is of a unique and independent nature, the following information is provided for Commission's information. No previous request for variance approval for parking space requirements on town home development has been made to the City Commission. Reauest #4: Variance from Section 31-143(f)(3)b. to allow a buildina height that creates a shadow on adiacent property. where the Code provides that each buildina or structure which exceeds 100 feet in heiaht shall be desianed and situated such that the shadow created bv the sun at 12:00 noon on December 21 (a sun anale of 41 dearees) will not fall on any adiacent property except for public road riahts of way. The RMF4 zone requires that a shadows study be submitted for each building exceeding 100 feet high to ensure that its shadow does not fall on adjacent property. The purpose of this requirement is to ensure that new residential buildings do not cast a shadow on existing residential buildings. The shadow study for the proposed north condominium building shows that a shadow will fall on the parking area of the existing retail plaza to the north. No residential development will be shadowed. The applicant states that the hardship arises from the fact that the City's Land Development Regulations do not address or anticipate the proposed urban design and further arises from the irregularly shaped parcel created by the road alignment of the extension road and the dedication of that land for road purposes. The applicant has worked co-operatively with staff since February on several redesigns of this development to accomplish an urban design and a desirable mix of housing types for City residents. The hardship in creating this design does arise from the unique shape of the property resulting from the dedication of the road extension to the City. The conditions upon which the request for variance is based are unique to this parcel. The alleged hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LOR. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed development 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 in the vicinity. While each variance request is of a unique and independent nature, the following information is provided for Commission's information. No previous request for variance approval for shadow on adjacent property has been made to the City Commission. 10 ReQuest #5: Variance from Section 31-172(cl to allow drivewav separations of 95 feet on Miami Gardens Drive extension and 25 feet on NE 28 Court. where a minimum separation of 150 feet of landscaped frontaQe is reQuired bv Code. The plan as submitted shows the entrance and exit to the north condominium building on the extension of Miami Gardens Drive lying 95 feet east of the proposed driveway to the Embassy Suites parcel to the west. It also shows an entrance drive to the loading area and parking garage on NE 28 Court lying 25 feet south of the existing driveway to the parking area for the Aventura Plaza. The City's Traffic Consultant has reviewed these separations and advises that both separations would operate in a safe manner with appropriate signage and pavement markings. The applicant states that the hardship arises from the fact that the City's Land Development Regulations do not address or anticipate the proposed urban design and further arises from the irregularly shaped parcel created by the road alignment of the extension road and the dedication of that land for road purposes. The applicant has worked co-operatively with staff since February on several redesigns of this development to accomplish an urban design and a desirable mix of housing types for City residents. The hardship in creating this design does arise from the unique shape of the property resulting from the dedication of the road extension to the City. The conditions upon which the request for variance is based are unique to this parcel. The alleged hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. Based on the opinion of the City's Traffic Consultant, staff believes that the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed development 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 in the vicinity. While each variance request is of a unique and independent nature, the following information is provided for Commission's information. One previous request for driveway separation has been made to the City Commission. In 2002, Forest Travel requested and was granted variance approval to permit a driveway separation of 100 feet to the nearest driveway, where 330 feet was required on an arterial road. Both driveways were existing at the time of the variance request. CONDITIONS OF APPROVAL 1. This approval shall be effective upon approval by the City Commission of the applicant's request for Comprehensive Plan Amendment from Business and Office to Medium High Density Residential and upon the effective date of the Amendment; upon approval by the City Commission of the applicant's request for rezoning from B2 (Community Business) District to RMF4 (Multi- Family High Density Residential) District; and upon approval by the City 11 Commission of the applicant's request for abandonment of the portion of the NE 28 Court right of way lying south of NE 185 Street. 12 ~ BERCOW & RADELL :ZON'NG. \,.AND U.. .......D ......v...O...._C..TAL ,-^'IN DIReCT LINE: (305) 377-6220 E-Mail: Jberc:ow@l8RZoningLaw.c:om VIA HAND DELIVERY April 24. 2003 Ms. Joanne Carr. Director Community Development Department Oty of Aventura 19200 West Country Cub Drive Aventura. FL33180 EXHIBIT #1 03-VAR-03 Re: Aventura Landin2S lOl-SP-Q3) Dear Ms. Carr: This law firm represents MERCO Group at Aventura Landings I, II. 111, Inc. r Applicant") with respect to the property identified in the survey included in our March 14. 2003 letter of intent as Exhibit A ('"the PropertyH). This letter constitutes a second amended and supplemental letter of intent requesting an amendment of the Oty's Comprehensive Plan land use designation of the Property horn Business ~ 'Office to Medium High Density Residential. a . rezoning of the Multi-Family High Density Residential District (RMF4), a vacation of a portion of NE 28lh Court. approval of a proposed Olapter 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 offkes. This letter supersedes our March 14, 2003 letter of intent. The Proiect. As indicated by the survey enclosed <15 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 185tb 5~t. The Applicant's architects have submitted a revised site plan dated April 23, 2003 to your offices under separate cover. ~ FJNf\t1Olc'L C~ . aaa 80UTM IIIIlCIa'Ne eoul...EYMO. SUITE.sa. """"""'- n..oRIDA U1S1 PHc)HIL .os.:w74.S300 . MX. ~.21T.t1Z22 Ms. Joanne Carr April 24, 2003 Page 2 The Property consists of three separatto parcels: Tract A. north of future NE 185"' Street and west of NE 28th Court; Tract 8, locabi!d llOUth of future NE 185'" Street and west of existing NE 2811I Court; and Tract C, located on the south side of existing NE 18511> 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 sile 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 185lb Street, and a mid-rise, contemporary style tower that is compatible wi~ the rhythm and fabric of other sim1larly sized structures in the Immediate vicinity and throughout the City of Aventura. The roof of the parking s~ will be fully landscaped and will feature a pool with a deck and recreational fadlities. 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 sile. This building will provide an appropriate \and use and buffer from the FPL substation inunediately 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 li,mits the density of the l'1.u,F.l, to (6 dwelling units to the ace. A copy of this proffered Dedaration is enclosed with this letter. The Applicant wi1l provide to staff and the City Attorney's office a fWly executed Declaration with all appropriate joinders prior to second reading of the ordinances adopting and approving the.1and use amendment and rezoning. Variances. The Applicant is requesting the following variances from the Oty 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 townhom.es will be approximately 21'6., however, Lot 25 will have a 19'9" front setback. A mlnlm.l1ln 25 foot front setback and 25 foot rear setback is BC;RCOW & RAoC;LL .........----.. "1"I\j"'~ Ms. Joanne Ca.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 a\low a 16'4" rear setback. Similarly, a variance of the side street setback is required for Lot 57 to pennit 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 al1lots 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 II conunercial 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-fJ has been included for reference only.) A shadow study has been provided ror Tract C (see page C~ of the Site Plan). . 3. Drivewav Separation. Applicant is requesting a variance of Section 31-172(c) of the City Code relating to the minimwn distance between driveways. This variance is required for Tract A, and is justified due to the irregular shape of the parcel that will be creared after Applicant's dedication and construction Of NE 18511I Street. A$ a result of the irregular size of this parcel. it is physically impossible to incorporate the necessary driveways in this site with the code-inandated 150 foot separations. This condition Is further exacerbared by (8) 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. A$ 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 variant:es of the tequired 150 foot landscape frontage separation between driveways. In order to IXIitigate concerns raised by City staff. the porte cochere on NE 28th 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, TrllXlSport Analysis Professionals, to review the proposed driveway spacing for the Aventura BERcow& RADEU- .......... ..--. \1M.... ... ..- Ms. Joanne Carr 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 :toning provisioos, 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 on~uarter 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 RMF311 wning 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 toWIlhome lots is 2,221.85 feet (See Table on Sheet SP-1a of Site Plan). lliis variance is necessary in order to provide luxury-5tyle townhomes, instead of another high-rise tower, in a visually pleasing urban environment. 5. Garalre Side Setback:" Trad 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 appliable 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 10ft building to be coostructed 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 PPL substation upon the views of the future residents of Trad C. Applicant presently is negotiating for a license a&1eement 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. 30 loot wide Jandsalpe buffer area on the p.<ipealy 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 remaindet of the thirty foot buffer area being planted on FPL's propetly. We believe such action substantially mitigates any Impact of this setback variance. Hardshi'D. Section 31-16(e) of the Code feCJUires that the Applicant demoostrate that there is . hardship justifying the variance requC!sts. The Aventura Landings project is well within the maximum allowable density in the proposed land use designation and zoning district. Howevet, the Aventura ~RCOW& RADELL --------..- Ms. Joanne Carr April 24. 2003 Page 5 Land Development Regulations do not address or anticipate Applicant's proposed new urbanism traditional neighborhood toWJ1home design. In addition, the proposed extension of future NE 1851h 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'" 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 addiiion, 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 acqutred the Propeity in November of 2000, Applicant immediately began working with OERM's Pollution Remediation Section to develop a plan to Temediate 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 environmenbU 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 ci=unstances are clearly unique to the Property. and together cOmbine to impose a particul.ar hardship upon the Applicant, if the requirements of the City's land development regu1ations were to be literally applied. The ongoing envirotunental remediation of the Property, the Applicant's agreement to provide for the extension of Miami Gardens Prive (NE 18511> St.) within the I'l.,,~ and stage its project accordingly, the Irregular and somewhat awkward parcelization resulting from the dedication of NE 185lb 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 Develooment Agreement. The planned future eastward extension of Miami Gardens Drive through the Property is identified in the City's Comprehensive Plan lIS a critically important future transportation improvement. In its discussions with the City administration, Applicant has Bc:RCOW & RADELL -~-- -- Ms. Joanne 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 Gty 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 conunerdilI 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 185lh Street to Blscayne Boulevard as identified by Map 2-5: Oty 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 185111 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 50uth and east.that are zoned either RMF4 or RMF3. 'The Applicant will proffer a Covenant in Ueu 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 pennitted In the RMF4 district. BERCOW& RAn:='I I Il.......__v.a_ -.............-....- Ms. Joanne Carr April 24. 2003 Page 7 Road Vacation. The Applicant is also requesting that a portion of NE 28'" 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 2B1h 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 185'" Street extension. However, as noted on tilt Site Plan. this roadway will remain II private drive in order to provide ingress and egress to the future residents of Tracts Band C. Miscellaneous. Applicant's tTaIlsportation engineer, Transport Analysis Professionals, has submitted under separate cover a traffic study showing compliance with aU City requiremenlll. 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 notari.zed Corporation Affidavit for each application together with a Disclosure of Interest. Compliance with City of Aventura Coml'rehensive Plan. The Application is consistent with Polley 1.1 entitled Medium-High Density category as the total dwelling units per g:r:oss 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 ploximate land uses. Factors such as noise. lighting. shadows, glare, vibration, odor, run- off, "access, traffic, parking, heights, bulk, scale of architecture dements, landscaping. buffering and safety have all been addressed. as applicable. Polkv 4.7. The Applicant win comply with all transit shelter requirements, as necessary, at the time of development. Polil;y 9.2 Coastal Management Eement. According to information provided by tM Community Development Departmmt. 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 tUne. 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. Bi;,RCOW & RADELL -....-.........__. 11.11'...._.,.. Ms. JoaMe Carr April 24. 2003 Page 8 Policy 1.7 Urban Desi~ 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 standi!l%d 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 cummtly 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 SWTOun:ding 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 Mown, AlA Ed Uorc:a, AlA . Omar Armenteros. PS.M. Manuel Echezarreta. P.E. Henry Fandrei, P.E. BERCOWt'iRADa.L ______ 'f ..........- r. BERCaW &. RADELL Z.ONINQ, LAND USE AND ENVIRONMENTAL LAVV 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 Oub Drive Aventura, FL 33180 EXHIBIT #2 03-VAR-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 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 outparcel. WACHOVIA FINANCIAL CENTER. 200 sot.n'H BlSCAVNE BOULEVARD. SUITE 850 . MIAMI, FLORIDA 83131 PHONE. 305.374.5300. FAX. S05.377.e222 Ms. Joanne 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. S~~r cc: Mr. Homero Meruelo Mr. Jesus Velez Jorge Mouriz, AlA Ed Uorca, AlA Omar Armenteros, P.S.M. Manuel Echezarreta, P.E. Henry Fandrei, P.E. BERcaw &. RADELL .0"'..... ........0 U.. _0 .NVI_M...,...... '-"'_ . . . . . . . . . . . . . . . . .' .. .- ........ . . .. . ......... .. " Maule . · r,-.-..Z taU ..... L_: · \ri ......... . .+ " BROWARD COUNTY ..---.---. DADE COUNTY IVES DAIRY RD. ~ w 8 c ;:: MIAMI GARDeNS DR. ;. 'I :. :. :l!I .. :1 I 'I :" '. :. :1 :1 I 'I 'I :1 I I I I I 'I :" :" :" :" '1 , :" :- :- :- :: :- ," . ~ ~ ~ ;to :" '1 . ," . ," . ," . :" :" ," :. :. :. ,.~'.. \ l--~ \ Ol; \ - --': Waterways WATERWAYS BI..IlO.- Shoppes 207 Sf. COUNTRY CLUB DR. ~ O~.~.'(~ <C-c'--"'0) ~"'~?:' A\~ . -----~ 1'IunINrry [d. Resort.{ Club ci ~ m :z ili 8 201 TER. a: c m ::l ....J o ~ ::l 8 ~: --.) ('-. I if AVENTURA Fin! I 0 Ruelle Ave""",, SI4IIOIl U Aventura Mall City of Aventura Government Center 192 ST. 192 ST. 1 Lod""'IIIt', FlUhImt . [.Iand ~ ~ :i ._? "h al~;; g m :z ~ 1B8ST. SITE . '..-,..-,-~.....-~ .-..... Admrtic Ocean Ultl. Maul. taU LEGEND ~ Roadways . . . . . . City Boundary ZIP Code Boundary u __. on on Railroad EXHIBIT #3 03-VAR-03 j EXHIBIT #4 03-VAR-03 RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(d) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD SETBACK OF 12' FOR TOWNHOMES, WHERE A 25' SETBACK IS REQUIRED BY CODE, TO ALLOW A STREET SIDEYARD SETBACK OF 7.5' FOR TOWNHOMES, WHERE A 20' SETBACK IS REQURIED BY CODE, TO ALLOW A REAR YARD SETBACK OF 16' FOR TOWNHOMES WHERE A 25' SETBACK IS REQUIRED BY CODE AND TO ALLOW A SIDE YARD SETBACK OF 10' FOR THE SOUTH CONDOMINIUM BUILDING, WHERE A 25' SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(a) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LOT SIZE OF 1281 SQUARE FEET FOR TOWNHOMES, WHERE 1600 SQUARE FEET IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(b)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT TWO INTERIOR PARKING SPACES FOR TOWNHOMES, WHERE ONE EXTERIOR AND ONE INTERIOR SPACE IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A BUILDING HEIGHT THAT CREATES A SHADOW ON ADJACENT PROPERTY, WHERE THE CODE REQUIRES THAT ALL BUILDINGS IN THE RMF4 ZONING DISTRICT EXCEEDING 100' IN HEIGHT SHALL BE SITUATED SUCH THAT THE SHADOW CREATED BY THE SUN AT 12:00 NOON ON DECEMBER 21 WILL NOT FALL ON ANY ADJACENT PROPERTY EXCEPT FOR PUBLIC ROAD RIGHTS-OF-WAY; GRANTING APPROVAL OF A VARIANCE TO ALLOW DRIVEWAY SEPARATIONS OF 95' ON THE EXTENSION OF MIAMI GARDENS DRIVE AND 25' ON NE 28 COURT, WHERE A MINIMUM SEPARATION OF 150' OF LANDSCAPED FRONTAGE IS REQUIRED BY CODE; FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 2003-_ Page 2 WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Jeffrey Bercow for Merco Group at Aventura Landings I, II and III, Inc., through Application No. 03-VAR-03, is requesting a variance from Section 31-143(f)(3)(d) of the City's Land Development Regulations to allow a front yard setback of 12' for townhomes, where a 25' setback is required by Code, to allow a street sideyard setback of 7.5' for town homes, where a 20' setback is required by Code, to allow a rear yard setback of 16' for town homes, where a 25' setback is required by Code and to allow a side yard setback of 10' on the south condominium building, where a 25' setback is required by Code; a variance from Section 31-143(f)(3)(a) of the City's Land Development Regulations to allow a lot size of 1281 square feet for townhomes, where 1600 square feet is required by Code; a variance from Section 31-171(b)(2) of the City's Land Development Regulations to allow two interior parking spaces for townhomes, where one exterior and one interior space is required by Code; a variance from Section 31-143(f)(3)(b) to allow a building height that creates a shadow on adjacent property, where the Code requires that all buildings exceeding 100' in height shall be situated such that the shadow created by the sun at 12:00 noon on December 21 will not fall on any adjacent property except for public rights-of-way; and a variance from Section 31-172(c) of the City's Land Development Regulations to allow driveway separations of 95' on the extension of Miami Gardens Drive and 25' on NE 28 Court, where a minimum separation of 150' of landscaped frontage is required by Code. WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and Resolution No. 2003-_ Page 3 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 31-143(f)(3)(d) of the City's Land Development Regulations to allow a front yard setback of 12' for townhomes, where a 25' setback is required by Code, to allow a street sideyard setback of 7.5' for town homes, where a 20' setback is required by Code, to allow a rear yard setback of 16' for townhomes, where a 25' setback is required by Code and to allow a side yard setback of 10' on the south condominium building, where a 25' setback is required by Code; a variance from Section 31-143(f)(3)(a) of the City's Land Development Regulations to allow a lot size of 1281 square feet for townhomes, where 1600 square feet is required by Code; a variance from Section 31-171(b)(2) of the City's Land Development Regulations to allow two interior parking spaces for town homes, where one exterior and one interior space is required by Code; a variance from Section 31- 143(f)(3)(b) to allow a building height that creates a shadow on adjacent property, where the Code requires that all buildings exceeding 100' in height shall be situated such that the shadow created by the sun at 12:00 noon on December 21 will not fall on any adjacent property except for public rights-of-way; and a variance from Section 31- 172(c) of the City's Land Development Regulations to allow driveway separations of 95' on the extension of Miami Gardens Drive and 25' on NE 28 Court, where a minimum separation of 150' of landscaped frontage is required by Code, on property legally Resolution No. 2003-_ Page 4 described on Exhibit "A" to this resolution is hereby granted. subject to the following conditions: 1) Plans shall substantially comply with those submitted, as follows: · "Aventura Landings", Sheet SP-1 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, revised 6/13/03, signed and sealed 8/21/03. . "Aventura Landings", Sheet SP-1 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, revised 4/23/03, signed and sealed 6/5/03. . "Aventura Landings-Data Block", prepared by Mouriz/Salazar & Associates, Inc., revised 6/6103, signed and sealed 6/6/03. . "Aventura Landings", Sheet SP-1a prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, revised 6/6/03 signed and sealed 8/21/03. . "Aventura Landings", Sheet SP-1 b prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, revised 4/23/03, signed and sealed 6/5/03. · "Aventura Landings", Sheet A-1 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. · "Aventura Landings", Sheet A-2 prepared by Mouriz/Salazar & Associates, Inc., dated 1/31/03, signed and sealed 6/5/03 revised 6/6/03. . "Aventura Landings", Sheet A-3 prepared by Mouriz/Salazar & Associates, Inc., dated 1/31/03, revised 6/3/03, signed and sealed 6/5/03. . "Aventura Landings", Sheet A-4 prepared by MourizlSalazar & Associates, Inc., dated 1/31/03, signed and sealed 6/5103, revised 6/6/03. . "Aventura Landings", Sheet A-5 prepared by MourizlSalazar & Associates, Inc., dated 1/31/03, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet A-6 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet B-1 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, revised 6/6/03, signed and sealed 8/21/03. . "Aventura Landings", Sheet B-2 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet B-3 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. . "Aventura Landings", Sheet B-4 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet B-5 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet B-6 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. . "Aventura Landings", Sheet B-7 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet C-1 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, revised 6/13/03, signed and sealed 6/18/03. Resolution No. 2003-_ Page 5 . "Aventura Landings". Sheet C-2 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. · "Aventura Landings", Sheet C-3 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. · "Aventura Landings", Sheet C-4 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet C-5 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet C-6 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. . "Aventura Landings", Sheet C-7 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. . "Aventura Landings", Sheet C-8 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. . "Aventura Landings", Sheet L-1 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3/03, signed and sealed 6/5/03. . "Aventura Landings", Sheet L-2 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3/03, signed and sealed 6/5/03. . "Aventura Landings", Sheet L-3 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3/03, signed and sealed 6/5/03. . "Aventura Landings", Sheet L-4 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3103, signed and sealed 6/5/03. . "Aventura Landings", Sheet L-5 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3/03, signed and sealed 6/5/03. . "Aventura Landings", Sheet L-6 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3103, signed and sealed 6/5/03. . "Aventura Landings", Sheet L-7 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3/03, signed and sealed 6/5/03. . "Aventura Landings", Sheet L-8 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3/03, signed and sealed 6/5/03. 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) This approval shall be effective upon approval by the City Commission of the applicant's request for Comprehensive Plan Amendment from Business and Office to Medium High Density Residential and upon the effective date of the Resolution No. 2003-_ Page 6 Amendment; upon approval by the City Commission of the applicant's request for rezoning from B2 (Community Business) District to RMF4 (Multi-Family High Density Residential) District; and upon approval by the City Commission of the applicant's request for abandonment of the portion of the NE 28 Court right of way lying south of NE 185 Street. 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 upon approval by the City Commission of the applicant's request for Comprehensive Plan Amendment from Business and Office to Medium High Density Residential, upon approval by the City Commission of the applicant's request for rezoning from B2 (Community Business) District to RMF4 (Multi-Family High Density Residential) District and upon approval by the City Commission of the applicant's request for abandonment of the portion of the NE 28 Court right-of-way lying south of NE 185 Street and upon the effective date of the comprehensive plan amendment. 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 R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Resolution No. 2003-_ Page 7 PASSED AND ADOPTED this 2nd day of September, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2003. TERESA M. SOROKA, CMC CITY CLERK Exhibit A to Resolution No. 2003- LEGAL DESCRIPTION: T ("oct A: The North 310.66 feet. of the following described property: A portion of the Southwest 1/4 of Fractional. Section 3, Township 52 South. Range 42 East, Miami-Dade County, Florida, being more particularly described os 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 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 aOl'45" E for 310.86 feet to 0 point on 0 curve (said point bears S 0'8'15" W from the radius point of the next described circular curve); thence Southeasterly. along 0 circular curve to the left (concaye .to the Northeast), having 0 radius of 694.69 feet and o centrol angle of U6'30" for on arc distance of 1.31 feet to 0 point of tangency; thence S 89'58'15" E. along o fine parallel 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 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 Southerly prolongation as recorded in Official Records Book 6088, Page 160 of the Public Records of Miami-Dade County, Florida. for 760.62 feet; thence N 89"59'25" W. alon9 0 line parallel with and 449.91 feet South of, os measured at right angles to the North fine 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 a46'52" W, along the East line of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 449.95 feet to the POINT OF BEGINNING, lying and being in Miami-Dade County, Florida. 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-Dade County. .Florida. being more particularly described os follows: Begin at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractianol 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 a01' 45" E for 310.86 feet to 0 point on 0 curve (said point bears S 0'8'15" W fram the radius point of the next described circular curve): thejlce Southeasterly. along 0 circular curve to the left (concaye to the Northeast). haYing 0 radius of 694.69 feet and a centrol angle of 0'6'30" for on arc distance of 1.31 feet to 0 point of tangency; thence S 89'58'15" E. along a line parallel 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 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 Southerly pralongotion as recorded in Otrocial Records Book 6088. F>age 160 of the Public Records of Miami-Dade 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 Ii9ht angles to the North fine 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 a46'52" W, along the East line of . the Southwest 1/4 of the Southwest 1/4, of said Section 3. for 449.95 feet to the POINT OF BEGINNING. lying and being in Miami-Dade 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 FractiO!'al Section 3, Township 52 South, Range 42 East. Miami-Dade County. Florida. being more particularly described os 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 Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3, a distance of 90.17 feet to the point of intersection with East ri9ht-of-way boundary of Northeast 28th Court os described in thot certain ri9ht-of-way Deed to Dade County, filed on September 10. 1968. in Official Records Book 6088, Page 160 of the Pubfic Records of Lfoomi-Dade County, Florida, being the POINT OF BEG1NNING of the parcel of land hereinafter to be described; thence run S 0'00'45" W along the aforesaid described line, 0 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 run N 89"57'54" E along the last described line, a distance of 200.28 feet to 0 point, said point being 46.75 feet West of the East bounda~ of the Southwest 1/4 of the Southeast 1/4 of the .$Quthwest 1/4 cif soid Fractional 3: thence run N 0'00 45" E along a line that is 200.28 feet East of and parallel to the said East boundary of Northeast 28th court, 0 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 89'59'25" w along the lost described line, 0 distance of 200:28 feet to the POINT OF BEG1NNING. , ~":-:<: a PLlCANT REPRESENTATIVE Al. .wAV1T Pursuant to Section 3t-7t(b)(2)(i) 01 the City 01 AvenllKa land Development Code, this Appr.cant Representative Affidavit Is he<eby made and sWmitIed. The oode<signed aulhorized repn!Senlalive 01 the ildMduaI or entity applyilg lor the Development Permit, which Is ~tifaed 1'1 the accompanyilg appIica1ion, and lhe owner of lhe property stbject to lhe appflCation fd differenQ hereby 6sts and ~tifleS aU persoos representilg the ildIvidual or entity applyilg for the Development PennIt 1'1 c:onnedion wI1h the appfIca1ion, as follows: Name Relationship (i.e. AIIomeys, M:t1iIec:Is, I.endscape AtchIle<:/s, EngineeIs, I.tJbb)isIs. EIc.) Ben Fernandez, Esq. Mouriz/Salazar & Assoc. Attornev Architects Manuel Echazaretta Engineer (AIIach Additional Sheets If NecessaIy) N011CE: MY STATEMENT OR REPRESENTATION MADE BY MY PERSON USTED ON THE APPLICANT REPRESENTA11VE AFROAVIT SHAll. BE BINDING UPON THE INDMOllAL OR EH1lTY APPLYING FOR THE DEVaoPMENT PERMIT AND THE OWNER OF lllE SUBJECT PROPERTY. APPUCANrS AND AFFIANTS ARE ADVISED TO TlMay SUPPLEMENT llllS AFRDAVIT PURSUANT TO SEe. 31-71(B)(2I{IV) OF lllE CllY'S LAND DEVaOPMENT REGULATIONS IN THE CITY CODE, IN lllE EVENT THAT PRIOR TO CONSIDERATION OF lllE APPUCATlON BY lllE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN lllE Af AVIT BECOMES INCORRECT OR INCOMPLETE. By; -..... Ben Jernanaez (PmO 11Ie: Attorney Mdress: 200 S. Bt scayn.. Blvd, tI 850 . 2OQ3, Mi Ami 1 FTr ":\3131 M-I!lmi 'D:OD,..h 14'T. . ~~1~ STATEOFFLORIOA ) COUN1Y OF MlAMI~ADE) Romero Meruelo & BelOlll me the IIIderslgned authorily personally appeared Ben Fernandez as the authorized representative of the Applicant and/or the owner of the property stbject to the application, who beilg first by me duly swom. cIkl swear or affum that helshe executed this Affidavit lor the flUlllOSIlS slated therein and that k Is tnJe and correct. ~ 1lET1Yu.ERENA MY _oM T O+t. DO f>>eII1 ElIPIIElI: F-..yl!7.1IllOI ~ k'**'Y""'&IIaIdna.b:. . SWORN TO AND SUBSCRIBED 8EFORE ME this 3 }Jay of...J::cl:l.. ~ D' b ,~~~ .,",SINESS RELATIONSHIP AFFlDt . . .. This Affidavit is made pursuant to Section 3t-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Afflatlt hereby dIsclose~ that (mark with 'x' applicable po!tions only) bd 1. Alflatlt does DQ! have a Business Relationship with any member of the City Commission or any City Mvisory Board to which the appfication will be presented. I )2. Alflatlt hereby discloses that tt does have a Business Relationship with a member of the City Commission or a City Mvisory Board to which the application will be presented. as follows: (List name of Commissioner or Mvisory Board Member) who serves on the (List City Commission or City hM!.ory Board upon which member '. serves). The nature of the Business Relationship is as follows: [)L (I i. IIUi. [) iv. (Iv. PROPERlY OWNER: By: Name: l1tIe: Member of City Commission or Board holds an ownership interest In excess of 1 % of total assets or capftal stock of Applicant or Representative; Member of City Commission or Board Is a paI1ner. co-sharehoIder (as to &hares of a ccxpocation v.1W:tI are not Iis1ed on any national or regional stock exchange) or JOOt venturer with Ihe Applicant or Representative 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 offICe or for the same employer as the member of the City Commission or Board; A City Commissioner or Board member is a Client of the Applicant or Representative; (I vi. The Appficant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and IranSacts more than $10.000.00 of the business of the member of the City Commission or Board (or his or her employer) il a given calendar year; The member of the City Commission or Board is a Customer of the Applicant or Representative and 1laIIsacls more than $25.000.00 of the business of the AppUcant or Representative in a given. caIencIar year. DAY OF MARCH ~~2002 SIgnature} dnQ dnQ .2001. (Signature) (PtfnQ (PdnQ . "The Iem1S 'Business Relationship: 'Cfien~" "Cuslomer," "AppIican~" "Representative" and "Interested PllISon" are defUled In SecUon 2-395 of the Aventum C/fy Code. . ~eo ~i U~ UO:~~p p.'! " S~DAYOF February ~a Signature) By: (Signature (Print) Name: (Ptint) (PM/) T~: (Print) By: (S/gna1AJre) By: (Signalure Name' iPtint) Name: (PM/) . Tille: (Print) Tille: (Print) By: (S/gnalu'e) By. (S/gnalu'e ~ fPdd1 Name: (Print) . l1lla' (PtfnIJ Tille: /PtinIJ By. fSIgnature) By: (Signature Name: (PIinQ Name: fPlinQ TIlle: (Print) Tille: (P1intJ By. fSignalAJre) By: (Signature Name: (Print) Name: (Print) 'RIe: (PrfnIJ Tille: (Prinl) By: fSVtalu'e) By. ~ Name: /PtinIJ Name: (Prinl) 'RIe: tPrIdJ TtIle: (Print) MOlE: 1) Use dupllcate sheets If cIlsclosure lnfomatlon for Represeatatlve varies 2) App1lcants IIllI AftlanIs are IIMsed to llmely supplellleat lhb AlIldaYIt pursuant to See. 31-71(b)(2l(lY) of lIIe Clty'sllnd DeveIaptMnt ReguIalIons In ~ CIty Code, In the evtnt. pI'for to coasJderaUon olllle eppllcaUon by the CIty Baatd or CommlssIaCl, lIIe lnfannatlon prolllded In the AlIldaYIt becomes Incorrect or Incamplele. :\\vf\ (7 . . ~ii:: . .~. .~. .~;~, . . -~:.~2' .'~;: Feb ?l 03 U~:~~p ":' --- p.5 HOT 1.RlZA nOH PROVlS10H STAlEOffUlP;lOA I CW{lYOf~ Be"" .... ... Il.le<<iglll<l ~. p<<tGlI>ll' __ Hcmero MeruelG NfiuI.,...... bM'Q ksl by.... fAIt....... ord...... or dC1llI1al _._....M'~loc..._...I<d_lrdl\allIoMIrdOlC1OCl. ~~ . f MY COMMtSSKlN # DO_7 ElCPIIIEs:F_27.2006 1.e:ll>>NOTARY FLNoWY.....&;~.1nC. Feb. AFlWIT .ro ~~. dRIed Name olHotary My-,".a\lssb'l'~ . STAlEOf f\.lllllOo\ I mJK\YOf~ 8eloco........~ 1AIIvl<Ir."-"'-'* wnUOQllo4tl1sNlilao.tloc.... _stdod_W.....llohtWCllOOC!. ... #ks1., who boi1g W b'{... d<"t --. ord """or aIIi1Ill1al mw<< SWOl\N TO NIO &U8SCl\lllEll before....thIs _&yol .~ NoWyN>lclilalO olfloclloN.loIge PdnIed Name ol Holaiy MV o:xr.~issIon upRr STAlEOff\.OOlllA I IXlUll1Y Of 1Il.IIoIHl~ llelore .... C1e uroIelSIgIII<llUlhorily. peMMIly-- _.llOOli<dthlsNMl...Ior..._alalod......lollVlll&llIoMlrdc:on<<l. C1e M'WII........ MI>Q ksl b'{... .., -. ord - or aIIi1Il.... mw<< SY/OAIITO NIO &U8SCl\lllElllloloro ...thIs_&y 01 . ~4 llolIIyNllicSlatll alFb'd&ltt.olQl ..-_olllollly \ly .. ,...., STATEOff\.lllllOo\ I IXlUll1YOf~ _......... _~lI<ltulloclr.~ __ ... -. whoMI>Q Wb'{... d<"t-.ord _or aIIi1Ill1al _..-IoCItlIsNlilao.tIor....___IlVlII&I\lohtlrdc:on<<l. mw<< _TO NIl 8UlISCiRiseDlIoloro ow .._dlvol tQcl5 HotaryN>lc SlIlI ol Fb'd& N.loqzo PdnIoII_ olHotary urn.., I;-I" ~ .~eD ~1 U~ U~;C~~ -~ p.;; BUSINESS RELATIONSHIP AffiDAVlTt This Nfldavil is made pursuanllo Section 3Hl(b)(2)(ii) oIlle City 01 Aventura Land Deveklpment Code. The undersigned NfI3l1t hereby cfosclosas Vlat (mart v.<<h 'x" appfteable portions only) Nflalll does !1Q! have a Business Relalionslip with any member oIlhe City Convnission oc any City NMsory .Board \0 whIcl1lhe appUcallon wilt be plesenled. NfI3l1t hereby discloses Ilal . does have a Busi1ess Relalionsh~ wiIh a member 01 the Clly Commission or a City AdvlsoIy Board \0 which the apprlCation will be presented, as follows: (list name of Commissianer or MMtKy Board Membet) who SeNeS on the (list City Ccmmission or City Milsory Board upon which lMmb.r I,Cll. ( )2. seMlS). . Tho naluro oll1e Business ~ Is as Iollows: ilL IIi.' lliii. [l1Y. (Iv. By: Name: llle: Member ol Clly CclIMIlsslon or Board holds an lIWI1el&h4l k1leles\ kt _ oll % ol tota1lSSe\s or capltaI sloc:k ol Applicant or Recxesenlative: Member of cay Commission or Iloatd Is a pamer, eo<<IarelloIder (IS to ahIres of a ccxporaIion which are not Isled on any nadonaI or regional sloc:k exchange) or )okll venll.rer wiIh I1e Applicart or Represen1ative n any business venture; . The Applicant or Represenlalive Is a Client of a member 0I1he City CocMllssIon or Board or a Client of anotl\e( protesslonal wor\dng from 1he same oIflCe or lor Ih. same employer as I1e member ollie C"1ly Conunissiln QC Board; A City Convnlss1ooer or Board member Is a Client olthe Applicant or Represenfalivll; The Applicant 01' Repcesealaliwls a Customer 01 the member ol fie City CocMllssIon or Board (or of his or her empIoyerj and transacts I1IOle lhan $10,000.00 ollie business 01 the member 01 the City 01' Board (or his QC her empIoyerj kt a given calendar year; 01 the City Ccmmission or Board Is a 0Jsl0rner 01 the Applicant or Represenlalive and more lhan $25.000.00 of the busbess of .... Applicant 01' Representative kt a given rear. ~OAYOf FE.bruarv .200) ~ , .:.. .)~r'~'f;;"T:'.:.~'. ... .'~.9 .. ..,'. .' ?j :0;' ""C.". ,!,.". . . ?~"~f".-.'~:~~~~'~ J I """'>~:;~'N \ ." f,j1F'~ MYHANOlHIS ?{oOAYOf February .2003. (Signa\ln) (MIIJ (MIIJ "1I1e tenns 'BusIness fle/ationshfl." "CIent," 'Cus\om<<," "~" "flepresentati" and 'Weresl6d Person" are derll1ed A1 Section 2<<15 of !he A_ CIly Code. WITNESS MY HAND THIS -3- DAY OF Februarv .200 3 . AEP"'OO^1:i~---"~ By: (SignaWre Br:~- (Signature) Name: (PrinQ Name' n n.. '7 (Print) Tille: Attnrn..y (Plint) Trtle: (Print) By: (Signature) By: (Signature Name: (PrinQ Name: (prinQ Tille: (prinQ Tille: (prinQ By: (Signature) By: (Signature Name: (PrintJ Name' (PrinQ . TMIe: (PrintJ Tille: (PrinQ By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Plint) Tille: (Print) By: (Signature) By: (Signature Name: (print) Name: (prinQ TMIe: (PrinQ Tille: (prinQ By: fSlgnature) By: (St1nature Name: (PrintJ Name' (PrinQ . 'Rle: (PrlnfJ Tille: (PtinQ HOTE: 1) Use dupl1cate sheets U disclosure InlormaUon lor RepresentaUve wries 2) AppUcants and Aftlants are advised to timely supplement this Affidavit pursuant to See. 31-71(bK2){1v) ollhe Clty's Land Development Regulations In \he CIty Code, In \he event that prior to conskleraUon ollhe appncaUon by the CIty Board or CommissIon, the InlonnaUon provided In \he Affidavit becomes Incorrect or Incomplete. NOTARlZA110N PROVISION STATE Of '\.ORlllI. ) COIJIIlY Of I.UAMI-llADEl lleloto me. "" unde<slgned auUlorily. pel>OMIy appealId heMe .1lOOJIod I1Is IJI'da.tl for I1e puqlOSe$ slalod.....i1 tnd Ilat lis we tnd coned. SWORN TO 1JlIl SUBSCRIBED before me 1hIs.3_ dayol ~. ~200 3 . O BETTY LlERENA MY COMM1SStON # DO_ ElCPIIES: FebNtry:n. 2CIOO t~MV A..'*-Y......BoftcInQ.K.- . STATEOfR.ORlDA ) .COUNrY Of MlMG.o.IDE) ... .... I1e unde<slgned auUlorily, pel>OMIy appealId ........ -*d.... Allid..a for... pucpose$llaIId I1eNi1 tnd IIIIllswe tnd coned. SWORNT01JlIl SUBSCRIBED before me l1Is_dayol STATEOfflORlOA ) COUNrY Of MlMG.o.IDE) lleloto me, I1e undeIsignecl auUlorily. petlOt1ally appealId ........ t-*'<l.... Alfda.tl for ... pulpOSO$ slaled .....i1 tnd Ilat lis we tnd coned. SWORN TO N<<> SllBsauBED before....... _ dayol STATE Of R.ORIDA ) COUNlYOflollMlHWlEl ... .... ... unilel$'lltltd eutv:xlr. peI$OtlIly appealId ........._.... Allid..a for... pucpose$llaIId I1eNi1 tnd 11II I Is we tnd coned. SWORN TO 1JlIl SUBSCRIBED before me 1hIs _ day 01 " ... IJI'IIIC, who bei1g it$( by me d1Ay ....... cIicllWlllC or &fIim t\al AFlWIT 2001. Nolaly PWIic Slate 01 FIodtla N.laIVe PrinIecl Name 01 Nolaly My COCM1isslon ellplres: \he Alflallt, who beilg Iirsl by me duly ....... c1'ld IWIlIC or atlinn ""I AFlWIT 2llO1. NolaIy PWIic S1Il8 01 AlMa N.laIVe I'lWed Nama 01 NolaIy lAyoo.._,....., ... AIIialC, who bei1g it$( by ... d1Ay ....... dicllWlllC or &fIim t\al AFlWIT 2001. . NolaIy PWIic S1Il8 01 AlMa N.laIVe I'lWed Nama 01 NoIaIy MyCQhrtasbli~ .. '\.......~ BUSINESS RELATIONSHIP AFADAVIT* This IIIfldavl is made pursuantlo Section 3t-71(b)(2)(a) 01 tle City of Aventura Land Development Code. The IIldetsIgoed IIIflal1t hereby discloses lhat (mark v.ith "t' appftcable pof1ions only) ~t. 1IIf&ant does !!Q! have a Business Relationship with any member of Ihe City Cotmtission or any City Advisoiy Board to which d1e application will be presented. IIIfl8llt hereby discloses lhatl does have a Business Relalionship with a member 01 tle City Commission or a City Advisory Board 10 which the appflCation will be presented, as follows: (LIst name 01 Commisslonet' or hMsory Board Member) who Selves onlhe (Ust City Commission or City hJvi1;tJry Board upon v.t.ich member selVeS). The nature 01 d1e Bumess RelaIionship Is as follows: III Member ol ClIy CacmIIsslon or Board holds anllWl1l!llillip k1lelest iI UI:eSS oll % ollolal assets or capital Alc:lc ol Applicant or Representaliye; II i.. Member ol CIty CommIsslac. or Board Is a pIIIner, CCHbareholder (as 10 Ilwa ol a CCllpCICalion which III! nal isled en any naIicnaI or reglana1 slack exchange) or JaiIt venlIIer r.1th tle AppGcart or Representative n any business venture; II ii. The Applicant or Represenla6ve is a CIienl of a member ollhe City CommissIon or Boanl or a C&ent of anoUIer prolessblal worI<ing from 1he same office or lor lIle same ~ as 1he member ollhe City Commissioo or Board: (I iv. A City Commissioner or Board member is a Client of the Applicant or Representative; II Y. The App6cantor Representative is a Customer ollhe member oIl1le City CommIsslon oc Board (or of his or her ernplaye~ andlransacb more lhan $10,000.00 of lIle business oIlhe member 01 the City COmmission or Board (or his or her employe~ n a given calendar year, ollhe City Commlssion or Board is a Customer oIl1le Applicant or Represenla6ve and more lhan $25,000.00 oIl1le busiIess ollie Applicant or Represenla6ve n a given )'ear. 1llIS~YOf Februarv 200J ( 12. I MYHAN01liIS~ DAYOf February PROPER1Y WNER: .2003 By: Name: l1Ie: (S/gnatut&) IPm/J /PrlrIO '1IIe Iem1s 'Busi1ess ~.. "Cfent," 'Custom<<," 'If4lp/"lCaII/," '!'lepresentalMJ" IIId 'Interested PetSOrI" IIlI deBned it Sdon 2-395 ollhe Aventln City Code. ,- WITNESS MY HANO 1liIS _ DAY OF February ~~ Business Relalionshlp AlfidaYit) ture) By: (Signature Name: 1 Name: (Print) Tille: Architect (Print) Tille: (Print) By: (Signature) By: (Sjgna/Jue Name: fPMQ Name: fPlinQ TIlle: (PrintJ Title: (PrintJ By: /SfgrIaIlre) By: (SIgnature MaIne: (PrinI) Name: (PrWJ 'Tk (Print) Tille' fPMQ By: (S/gnalure) By: (SIgnature Name: (print) Name: (PtinQ Tille: (ptitlQ Tille: (ptitlQ By: (Signature) By: (Signalure Name: (PtinQ Name: (PtinQ Tl\Io' fPrinQ Tdle: (PtinQ By: (SIgna/ute) By: (SignaIure Name: (Print) Name' (PrWJ , llla: fPMQ T-'e' (PrfnIJ NOlE: 1) Use duplfcate sl1eets If cIlsclosuce information for RepcesentaUve wries 21 Applicants and Affiants are adYlsed 10 timely supplement lhIs AllldaYlt pursuant 10 See, 31-71(b)(2l(lY) ollhe Clty's LInd Development RegUlaUons In Ih~ CIty Code, In the event lhat prior 10 conslderatlon ollhe appllcaUon by \he CIty Baard or Commission, the lnlarmaUon provided In the AllldaYIt becomes IIIcorrect or Inoomplete. ~ HOT1JUV.l1OH PROVISION &tAlEOf'l\.OODo\ I CXlUf(IYOF~ . 8eloct.....,.~IlIh><ir.'*"""'Iy~George ~iz ...1Jfw<.,..t>llbe\1Qr..tby...d<iI(......lIidlWUlocall...11ol heISt>e._...._loc...P"'I"'"'...l<d_OAl...t'IsMOAlC>O<<ed. mwrr l!~ - 10 . 'COlv!lSSl'""t;CC88S314 ":,'. j EllPlRe! tICV 03. 2003 .' .-1MlOUQIII . _~tC(t>I:t <, dayal ~eb. ,2Ol$ . &tAlEOFf\.OOI\II. I .couKIYOF\ILIMHl#DEl ... .....,. ~lId"""',...-.r owen! 1lo/IhI.-Md NsNlilaol"'''' pupessllloll.........s till isM 0Al C>O<<ed. ... -...t>ll betlg Wby...d<JIt_1Iid _oclllilll tIOl H'fWl\' S'I<<lM1O NIll $\JllSClIIll6lllebo'" "" _&yol ' ~ lIduTl'dlt:- alfb\ll&N.l.otge PiInlod_alKo!aiy MY""'",IssIoo~ &tAle OF flOOlO" I COUNtY OF IllAl.\1-ll#DEl BeIIlce .... ... ~ 1lIh><ir. pemaaIy appwecl _.",..,.tod""_Ior....-sIIlolI_llldtlOl'IsMoMC>O<<ed. ... Min."""lle\1q Wby...dli1.......croll_oclllillllllal AFFIN<< S'I<<lM10 NIll SUl\SClIIBEIl-.... ",,_day al 2lXSi NolIlyI'dlt:_ olfb\ll&N.1AllII l'tiU4...olNollly Uy y ...~~ CfAlEOFfUlI\lIlA 1 CXlUf(IYOF IllAl.\1-ll#DEl ...... .... "" ...."oo'""......,.,......at -"" .,. 1Jfw<., .... be\1Q fnl by me doAy _oIlS - oc .....1IIal M/SN.-M4"" Mid&dtor",pupessllloll_oMtIOlIIs\UI IlldC>O<<ed. AFFIN<< _10 He 1lUlISCI1Il61......... "" _dayal ,tao5 . 1loloIy..-_alfb\ll&N.l.otge ..-_olllololy 1Iy-'. ..... .reo ~~ U~ U~:c~~ -. p.;,! BUSINESS RELATIONSHIP AffiDAVIT' This IIIfldavl is made plI'Suan1lo Section 31.71(b1(2l(i) of tle City of Avenlura Land Development Code, The IIldelslgned IIIfI8l1l hereby discloses d1at (mark v.id1 "t' appflCab1e pof1ions only) AtfI8l1l does l!!!! have a Business Relationship with any member ollhe City Cotmtission or any City Advisory Board to which d1e applicallon will be presented. 1IIf&ant hereby discloses 1ha1l does have a Busiless Relationship with a member ol d1e City Convnissioo or a City hMsory Board to which d1e appl"lCalion will be presented, as follows: (Ust name of Commissioner or hMsory Board Member) who serves en lhe (Ust City Commission or City hJvi1;tJry Board upon which member ~1. ( )2. -). The nature 01 d1e Business RelaIionship Is as follows: III IIi.. lIiL Iliv. IIY, IIvl Member of ClIy CacmIIsslon or Board holds anllWl1l!llillip k1Ierest .. UI:eSS oll% ollolal assets or capital Alc:lc 01 ~ or Representaliye; Member of CIty Commission or Board Is a pIIIner, CCHbareholder (as 10 Ilwa ol . CCllpCICalion which III! nallsted en any naIicnaI or regiooaI QJck exchange) or JaiIt venlIIer r.1th the Applicart or Represen1ative n any business venture; The Applicant or Representative is a CIent 01 a member of lIle City CommIssion or Board or a C&ent of anoUIer professblal worI<ing from d1e same office or lor the same ~ as 1he member ollhe City Commission or Board; A City Commissioner or Board member is a CHent of the Applicant or Representallve; The Applicant or Represenla6ve is a Customer 01 the member olllle City Cornmisslon or Boanl (or of his oc her employer) and tlansacIs more than $10,000.00 01 the business oIlhe member of tle City Commissioo or Board (or his or her employer) n a given calendar year, The member of the City Commlssion or Board is a Customer 0I1he AppIicart or Represenlative and $25.000.00 olllle busiIess ollie Applicant or Representative n a given ,2OOJ Home 0 Merue 0 ~ MYHAN01liIS_DAYOf February ,2OOJ PROPER1Y ER: By: ~) Name: (I'r1nl) l1Ie: IPr1nIJ '1IIe Iem1s '8usiIess ReIaI/onshfI." "Cfent," "Customer." "~" 'flepresentaIMJ and 'Interested PetSOrI" IIlI de6ned it Sdon 2-395 ollhe Aventln City Code. , ~... u~''''' .......~~ A' ~ RelaUonshlp AllIdaYIll By: (S/gnaIur9 ~ fixe) Name:"#A<r~~~ NPIne: (P1iIIl) TiIe:=..:d~,.~~. 11le: (PrinQ er. /SigIla1ur8J By: (Signalute N8I11e' II'titlt,I Name: (PmQ , litlll: {PdtrJ 11le: (PmtJ By; /SIgnaIurnJ By: fSClrllltut'e MtaIc (PmtJ Name: (PddJ ',..,., ffl 11111: fPtfnO By. fS/gnawre) er. (Signalure Name: (Print} Namll: fPtitlIJ 1lle; (Pdnt) 11fe: (I"dnq By: (SignaIure) By: (SigMtua! Name: (!'lfn/) t/anI<!' (PIiIIl) l1de: fPrinQ TIle: (PIirfJ By: ~ Br- ~ flaIlE (Pdnl) NarIMt fPIi1I} ,. (PrlnO 1k (PdnIJ NOTE: 1) \lee dupI1cate Ibeets If ~ Infonnallan for~ varies II Appbnls W Alflal\ls lit Idvlsed tel tkuIy ~pIemeot.. Allld.-YIt parauant to Sea. f1-11(bl(2XlV) olllli' Cllfa Llad Dmloptnent RegulalIaas "~CllJ ~ 1ll1lle eveatjhal pda\' to ccl\ll4leraUon III Ibe apJlicatlon by.... CIty Board GfCamndcslan,.. !nronalaDcitIllIlIVIded In IIae AfIIdmt lMcames I1Icomct or ktccmpllle. _. tlOTAAlZA1J9l( PROVISIoN w.1tQf~ I W.tllYCIf~ . BeI:n.... "" ~1Id 1/hIldI(.~ 1{lIlOU<d~ ~~ m..d, w.lla ~ ficUby... doIi-..dIl_C1C dImI tot NiIllI Nl!Ql\Ol "'" /oS_I>< "" _ce.1o<l11ecob lIfIN.ll" "'" onl-. mwrr &V<<lAN 'TO I.HO SU8SOl\lBBl belO<e IN.'" 1k..dafo(~ zglj. . COOEClfRlJ(1Dl. I .tXIUIllYClFllINlll)Hll;) _........1. .~I.'''....d1r,.-.r__ wn.-.4t.11MilM""...plIIllOIIClIilo4...inlM'.....IlIIl-. ~'~ JUUAA.MURIUoO \~.A' MYCOMMISS'ON.. DD.....'3 ~.,...".. EXPIRES: Dececnbcrs.2OO$ t~MY R.Nowr....'1orldng.1nl: ... MiIl(,.... betlg ~ tor 1\1I ~ -. dlI_* _... HWJ<< S'M)llH'TOND~-""""-clqo( N1,? IIoIIlyI'dlk_olRallla N.lMgo ~NonII alNCWy Llr....~..... - << SfATEOl'f\.OPalA I CCUNlYOF~ .......... "'1lIllIonl/<1Id 1lIIlIol'q. ~ IllIlCOlOll _"""'*"tisM'_"'...__~"""ilatl"_IIfI__ ...m.ot.""'bel1I Jc>I""...*Irt_dlI_......1IIl S!I/OOI('IQ ,lNDSU8SOQIlleIlI1lbe IlIC ...._Mr. N'lWlT 1Ill:& .' 1lol1IIyl'dlil_"~N."" P\tlIIIIlIIn<<Nllay 1Ay.....I! __ crmOFIUlAIll#. I ClOlMIYOF~ w.. ....11t IIdoaIipIo( 1lIIhIdIr."""""" I(IIIOIIId ......._...._tll...paqIOIeI\IiM_lNftJall.....lI'4Ol1\llC1. ... ~...."""O I<stlll'''' tit......dlI_. _ tDt &Y<<lIlK'TONDlIllllCCiwll!ll_...tlIll_Aral I.flWlf ,_5 Hay_.loIilolFbIlUILalQO ...._01....,. ut~I.I:~IlIb\~ .'.' b '\:.......~ Pursuant \0 Section 31-71 (b)(2)(i) 01 the City of Aventura land Development Code. this Appfocanl Represenla1ive A1fidaYilis heceby made and sw.nitted. The oode(slgned authorized representative 01 the indMduaI oc entity appIyWlg lor the Development Peanit, wI1ich Is identified ilthe accompanyilg application. and the owner 01 the property sWjecl \0 lie appflCalion (d difterenQ hereby isIs and ldenIifleS aD persons representing the ildividual or entity applying lor the Development Permit il connection with the application, as Iotlows: ,:PUCANT REPRESENTATIVE Af JAVIT JEFFREY BERCaW Relationship fe. AIlome)$, M:hII.eds, Undscape M:hIleds, fnginHlS,lobbyists. fie.) ATTORNEY Name (Al1adI Additional Sheets If Neoessary) NOTICE: AMY STATEIIENT OR REPRESENTAllON MADE BY AMY PERSON lISTED ON THE APPUCANT REPRESENTA11VE AFRDAVIT SKAU. BE BlNlllNG UPON THE INDMOUAL OR ENl1TY APPlYING FOR THE DEVB.OPMENT PERIIlT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPlEMENT THIS AFRDAVIT PURSUANT TO SEe. 31'71(BK2)(lV) OF THE CIlY'S LAND DEVELOPMENT REGUlATIONS IN THE CITY CODE, IN THE EVENt THAT PRIOR TO CONSIDERATION OF THE APPUCATlON BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFRDAVIT BECOMES INCORRECT OR INCOMPLETE. By: MARCH . ~t:2002 OWNER By: I FF Y BERCOW A'l'TO~ ( , Name: ROMERO MERTlF.Y.o (PrfnIJ : TIlle: PRESI:DENT , 11IB: #ddr&ss: 200 S. BISCAYNE BLVD. SUITE 850, MIAMI, FL 33131 Address: 51 01 COLLINS AVENUE MIAMI BEACH, FL 33140 ~~mOO~~BEDB~E~~l~~R~ Q) lISAC,1IlIOOlCS : : IIY COMIl1SSION I CC I5682lI EXPIRES: ~2ll, 2OIl3 -,...-,.....- NotaIy Nl&c Slate 01 FlorIda />J. Large PrinledNameolNotaly LISA C BROOKf My commission ellplres: ...." -. '\......~ BUSINESS RELATIONSHIP AFADAVrr* This IIIfldavl is made pursuanllo Section 31-71(b)(2)(i) of the City of Avenlura Land Development Code. The lI"odelsigned IIIfIaOl hereby discloses lhat (mark wid1 'x" appftcable portions only) ~1. Atf&ant does OO! have a Business Relationship with any member oIlhe City Commission or any City NMsory .Board to which d1e application win be presented. [ 12. Alfl8ll1 hereby ciscloses 1hat l does have a Busi1ess Relalionship with a member oIlhe City Commission or a City Advisory Board 10 whicllthe appl"lCation will be presented, as follows: (LIst name of CommIssioner or NMsory Board Membetl who Selves en lhe (Us! City Commission or City NMsory Board upon v.t.ich member Sl!IYeS), The nature of d1e Business RelaIionship Is as follows: III Member of CIty Commlssb. or Board hokIs 8/1 owner&hip k1lelest iI UI:eSS oll% ollolal assets or capilaI Alc:lc 01 AppicanI or ReIxesenlalive; II i.. Member of CIty Commiulcla or Board Is a pamer, CCHhareholder (as 10 Ilwa 01 a CCllpCICalion whicfllII! nal isled en any naIicnaI or reglonaI Alc:lc exdlange) or JaiIt venlIIer r.1th the AppicanI or Representative n any business venture; . [ I iii. The Applicant or Represenla6ve is a CIenl of a member of the City Commlssion or Boanl or a C&ent of another protessblal worI<ing ham 1I1e same office or for 1he same ~ as 1he member of1l1e City Commission or Board: [ I iv. A City Commissioner or Board member is a Cfoent of the Applicant or Representative; [I y, The Applicant or Representative is a Customer 01 d1e member olllle City Commisslon oc BoIId (or of his or her employer) andlransacts more 1han $10.000.00 of1he business 0I1he member of the City Convnission or Boanl (or his or her employer) i1 a given calendar year, [) vl The member ol the City Commission or Boatd is a Customer 0I111e AppIicaIt or Representative and llansads more lhan $2S,OOO.oo of tle busiIess of the Applicant or Representative iI a given By. ~Of Februarv ,2OOJ Home e) 1(? (~ PROPERl'I: By. Name: llIe: MYHAN01liIS~DAYOf February 2003 ER: (S9Ia/ln) IPm/J {PdnIJ '1IIe Iem1s 'Busi1ess ~.. "Cfent,. 'Customer.. .~. "Representative. and 'Interested PetSOrI. IIlI de6ned it Sdon 2-395 ollhe AVllllItn City Code. ...2OOlr2002 REP By: By: (Signature Nam Name: (Print) Tille: ATTORNEY (Print) nle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name' (PrinQ Name: (PrinQ . Tille: (prinQ Title: (PtfrlQ By: (Signature) By: (Signature Name: (Ptfrlt) Name: (Ptfrlt) Title' (Print) Tdle: (Print) By: (Signature) By: (Signature Name' (Print) Name: (Print) 11lIe' (prinQ Tille: (Print) By: (SIgnature) By: (SIgnature Name: (PrinQ Name: (PrinQ 11lIe' (PrinQ Tille: (Print) , NOTE: 1) Use duplicate sheets If disclosure InformaUon for RepresentaUye varies 2) Applicants and AlflaRts are advised to Umety supplement this Affidavh pursuant to Sec. 31.71(b}(2}(1v) of the City's Land Deyelopment RegulaUons In the CIty Code,ln the event that prior to constderaUon of the appllcaUon by the CIty Board or Commission, the InformaUon provided In the AffidaYlt becomes Incorrect or Incomplete. 1-- NOTARIZATION PROVISION STATE Of R.ORIOA I COUNTY Of Mt.WHlADE) Bebre me. !he undersigned I~, peI$OC\Oly appwed JEFFREY heIshe Ir.ecuted Ilis Afftdavit lor the puqlOSGs staled ""..in and lhat I Is M and cmed. SWORN TO 00 SUBSCRIBED before me !his..19. day of MlI.Rr.H . STATEOfFl.OlllDA I ,COUNTY Of MIAMHlADEJ Bebo .... Ihe unde<Signed 1Ilthorily, pecsonaIy appwed -.. .-MdIllsAfftdaYllorlhe _ staled _andl1a\lls WI and COC1Od. Ihe AIfian~ """ being icst by me d~ !OV<<X1\, crill swear Ql Iff,," lhat AffWIT SWORN TO 00 SUBSCRIBED before me Ills _day of 2001. Nota<y PIbIic Stale of Florida 1J.large Prinled Name of Notary My c:ommlsslon expires: STATE Of FI.OIIIDA I COUNTY Of MW.ll-llAllEj Belore me. the undersigned 1Ilthorily, pe<sonaIy appwed _ IIf8CUIed I1Is AfftdaYltIor the PUIpOS8S staled.....in and I1a\ I is M and COC1Od. the Aff18l\~ """ being tilst by me duly "'"""', crill swear Ql Iff,," lhat AFFWlT SWORNTOOOSUl\SCRl8EObeloremel1ls_dayof ,2001. NotaIy PIbic S1ato ol Florida 1J.large PrinlIld Nama ol NotaIy My commIssIocIlxplms: STATE Of IlORIllA I COUNTY Of 1.IW.It.QAOE) Belore me. Ihe unde<Signed 1Ilthorily, pecsonaIy appwed _ Ir.ecuted Ills MidaYIt Iorlhe _ _IheAlin and I1a\IIs WI and_ the AffI8lll. """ being icst by me d~ !OV<<X1\, crill swear Ql Iff,," lhal AFFIANT SWORN TO 00 SUBSCIlIBED belore me Ills _ day al 2001. Nota<y PIbIic Stale ol FIocIda 1J.large Printed Nama ol NotaIy Myconajils$lOn~r Page 1 of2 Lisa Stefanoni 31 From: Ed Llorca [ellorca@mourizsalazar.com] Sent: Friday, August 29, 20031:12 PM To: Lisa Stefanoni Cc: Vicky Suarez (Main) Subject: Re: Message from Jeff Bercow... I haven't updated my resume lately, here are the highlights: Eduardo G, L10rca Florda resident since 1955 Registered Architect Georgia and Florida Member AlA Member NCARB Miami Dade Junior College graduate, Bachelor of Arts, Architecture 1971 Frese Camner and Associates Architects 1971 to 1975 Haulover Beach Fire Station Hollywood Holiday Inn Dania Beach Jai-alai fronto additions David Jay Feinberg Architect 1975 to 1979 Retail Stores Private Residences Sandy & Babcock Architects 1979 to 1996 Managing Vice Pesident 1990 to 1996 Spinnaker's Reach at Sawgrass Luxury Condominiums, Ponte Vedra Beach, Florida Windswept Luxiry Condominiums, Kiawah Island, South Carolina Key Colony Phases III & IV, Luxury Condominiums, Key Biscayne, Florida Fisher Island: Bayside, Bayview and Seaside Luxury Condominiums, Fisher Island Spa, Fisher Island Tennis Club and Fisher Island Golf Club, Florida Mediterranean Village Luxury Condominiums and the Spa at Williams Island, Williams Island Florida Mouriz Salazar Associates 1996 to present Carlisle at Naples Assisted Living Facility, Naples, Florida Devonshire Assisted Living Facility, PGA National, West Palm Beach, Florida Courts at South Beach Phase II & III Luxury Condominoums, Miami Beach, Florida Classic Residence by Hyatt CCRC, Luxury Retirement Facility and Healthcenter, Aventura, Florida Marriott Residence Inn, Aventura, Florida 8/29/2003 Page 2 of2 Venezia Las Olas Luxury Condominiums, Ft. Lauderdale, Florida Valencia Apartments, South Miami, Florida ___u Original Message ----- From: Lisa Stefanoni To: 'ellorca@mourizsalazar.com' Sent: Friday, August 29, 2003 10:50 AM Subject: Message from Jeff Bercow... Dear Mr. L1orca: At your earliest possible convenience, kindly forward to us by fax or e-mail a copy of your resume/bio for Tuesday's public hearing on the Aventura Landings matter. Thank you for your attention to this matter. Sincerely, Lisa for Jeff Bercaw 8/29/2003 -=31 City of Aventura City Commission Meeting Date /~- c1 ~ - ,7Z6c'3 Agenda Item No. ~ Date of Verbal Communication: tl%- 30- .;;2c:rc'';; Identity of Person or Entity Making communicatio.:d --Y {I <; AI L/ ~ I ...e: Subject and Substance of Communication: ~ .--- . ~/7 A1 /1? L/U> t? b /" 'd,e/ / dI^~ 1'1 t/ ;Z r I Respectfully, Commissioner or Board Member receiving communication: Signatu Name Filed this day of Teresa M, Soroka, CMC, City Clerk CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: City commiSSion6 Eric M. Soroka, IC - City Manager ~ BY: Joanne Carr, AICP r-.. IA Planning Director ~, DATE: August 17, 2003 SUBJECT: Request of Investura, LLC for Conditional Use Approval Uptown Marina Lofts 3029 NE 188 Street, Aventura (05-CU-03) September 2, 2003 City Commission Meeting Agenda Item 3 f. RECOMMENDATION It is recommended that the City Commission approve the request for conditional use approval for Uptown Marina Lofts development project, subject to the conditions outlined in this report. THE REQUEST The applicant, Investura, LLC, is requesting Conditional Use approval to permit the following uses for residential development known as Uptown Marina Lofts on NE 188 Street: 1. A height of 11 stories or 129 feet for the residential building. 2, Architectural design standards other than the Mediterranean design features required by Section 31-143(g)(6)(a) of the City's Land Development Regulations. 3. A transfer of density for 0.344 acres from a parcel of land to be conveyed to the City for educational, recreational or cultural purposes. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Investura LLC APPLICANT Investura LLC ADDRESS OF PROPERTY 3029 NE 188 Street, Aventura (See Exhibit #2 for Location Plan and Exhibit #3 for Aerial Photograph) LEGAL DESCRIPTION Part of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida (See Exhibit #4 for complete legal description) SIZE OF PROPERTY Approximately 4.638 acres (3.741 upland, 0.897 submerged land) EXISTING ZONING RMF3B, Multi-Family Medium Density Residential District FUTURE LAND USE DESIGNATION Medium High Density Residential The Site - The subject site is located on the north side of NE 188 Street, immediately east of the Harbour Centre office site The Project - The applicant has submitted a site plan for development of 216 residential condominium units in an eleven story, 129 foot high building. Nine levels of residences sit on top of two parking levels. Recreational amenities are situated on the rooftop of the garage levels. A water promenade has been designed in accordance with the City's Promenade Specifications. A color rendering of the architectural design of the building is attached as Exhibit #5. The development parcel measures 5.828 acres, comprised of 3.741 acres upland and 2.087 acres of submerged lands. The applicant is further requesting a transfer of density from the land to be dedicated to the City on 0.344 acres, Total density permitted on 6.172 acres, at 35 dwelling units per acre, is 216 units. 216 units are proposed. ANALYSIS Citizen Comments - The Community Development Department has received no written citizen comments about this application. 2 Community Development Department Analysis - At its June 3, 2003 meeting, City Commission passed Ordinance No. 2003-08, which ordinance amended the RMF3B zoning district site development standards. Section 31-143(g) of the City's Land Development Regulations were amended to provide the following: "(9) Multifamily Medium Density Residential Districts (RMF3B). * * * (9) Bonus heiaht provisions. If the applicant for a development permit under this section 31-143(a) proposes to dedicate land to the City for educational. recreational or cultural municipal purposes, which land is acceptable to the Citv Commission, the Citv Commission mav approve a bonus heiaht for anv multifamilv buildina not to exceed a maximum of eleven stories or 135 feel. subiect to the provisions hereof. Where the Commission approves such bonus heiahl. the followina standards shall apply: a. The development permit shall be considered a conditional use and the application shall be subiect to the conditional use reauirements of Section 31-73. b. The minimum size of the dedicated land shall be 1.5 acres. c. At the discretion of the City Commission, the densitv otherwise available on the land to be dedicated may be transferred, and credit for acreaae in the dedicated land in the calculation of the lot coveraae otherwise reauired may be aranted, in whole or in part, to (1) the parcel that receives the conditional use approval or (2) any adiacent property that 3 is located on the same side of the street as the applicant and that is bound to the applicant's site bv a declaration of restrictive covenant entered into between the properties. The restrictive covenant shall be made part of the conditional use approval. shall be in a form acceptable to the City Attornev, and shall be filed at the applicant's expense in the public records of Miami-Dade County. d. If multiple property owners propose to dedicate the same land to receive the heiqht bonus allowable pursuant to this section 31-143(q). then each property owner shall applv for conditional use approval and meet the criteria of this section, Multiple property owners may be eliqible for such approvals onlv if they own adiacent properties located on the same side of the street: and the properties must be bound bv a declaration of restrictive covenant. made part of each conditional use approval. in a form acceptable to the City Attornev, and filed at the owners' expense in the public records of Miami-Dade County. e. The form of the conveyance shall be approved bv the City Attornev. f. Minimum open space shall be 40 percent of the total lot area. g. Anv structure parkinq servinq the primarY use on the site 4 shall be incorporated into the buildina envelope and shall be compatiblv desioned. Such parkino structure shall complv with all minimum setback and buffer vard reauirements and shall be counted in computino buildino heioht. h. There shall be no maximum floor area ratio, i. As part of the conditional use approval. the Citv Commission may approve architectural desion standards other than the Mediterranean desian features reauired under Section 31- 143(a)(6)a. of the Land Development Reaulations. j. All other provisions of the Land Development Reoulations shall applv." The applicant proposes to dedicate a parcel land measuring 1.56 acres to the City jointly with the landowner to the east and requests conditional use approval for increased height, transfer of density and an architectural design other than Mediterranean style. Criteria According to Section 31-73 of the City Code, an application for Conditional Use will be evaluated using the following criteria: (a) The proposed use shall be consistent with the comprehensive plan, The use is consistent with the City of Aventura Comprehensive Plan, which designates the future land use category for this site as Medium High Density Residential. (b) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance or operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. (c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. 5 The proposed use is consistent with the residential community character of the immediate neighborhood of the proposed use. (d) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LORs. The applicant's engineer has confirmed in the letter attached as Exhibit #6 that utilities, roadway capacity, drainage and other necessary public facilities shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirements of the City's Land Development Regulations. The letter notes that sanitary sewer capacity will be available upon completion of a new regional pump station. (e) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the residential building is proposed by way of an entrance/exit drive to the main lobby from NE 188 Street and a service entry at the east limit of the site to the loading area. The recent reconstruction of NE 188 Street by the City will accommodate all projected traffic for the proposed use. (f) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The properties to the north and west are developed. The properties to the south and east are zoned for residential use. (g) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria, The building footprint is angled to minimize visual impact of the proposed height. Differing parapet levels contribute to visual interest. The street fa<;:ade of the two levels of parking has been designed with wooden louvers to screen vehicles and landscaping between the structure and the street sidewalk will create a pleasant pedestrian view at street level. CONDITIONS It is recommended that the City Commission approve the request for the Conditional Use, subject to the following conditions: 6 1. Plans shall substantially comply with those submitted as follows: . "Uptown Marina Loft at Aventura", Cover Sheet, Sheet 0, prepared by Kobi Karp Architects Interior Designers, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Lofts", Boundary Survey, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 7/17/03, revised 06/09/03, signed and sealed. · "Uptown Marina Loft at Aventura", Project Data Sheet, Sheet i, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Site Plan, Sheet A-O, dated 5/09/03, revised 7/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Level 1 Lobby, Sheet A-1, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Level 2 Parking, Sheet A-2, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", 3rd Level Lanai, Sheet A-3, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Level 4, Sheet A-4, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Levels 5-11, Sheet A-4,1, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Main Roof Deck, Sheet A-5, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Roof (Machine Rooms), Sheet A-6, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Elevations, Sheet A-7, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Elevations, Sheet A-8, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Typical Units, Sheet A-9, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Common Areas, Sheet A-9.1, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Typical Units - Level 4th, Sheet A-10, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Conceptual Paving, Drainage, Water and Sewer Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 5/5/03, revised 07/01/03, signed and sealed 07/28/03. 7 . "Uptown Marina Loft at Aventura", Landscape Plan, Drawing No. L-1, prepared by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03, signed and sealed 07/23/03. . "Uptown Marina Loft at Aventura", Landscape Plan, Drawing No. L-2, prepared by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03, signed and sealed 07/23/03. . "Uptown Marina Loft at Aventura", Landscape List, Drawing No. L-3, prepared by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03, signed and sealed 07/23/03. . "Uptown Marina Loft at Aventura", Promenade Details, Drawing No. L-4, prepared by Witkin Design Group, dated 12/18/02, revised 07/16/03, signed and sealed 07/23/03. 2. Building permits shall be obtained within twelve (12) months of the date of this conditional use approval, failing which this approval shall be null and void unless extended by motion of the City Commission. 3. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. 4. Within sixty (60) days of the date of this approval, unless otherwise agreed to by the City Manager, the applicant shall: (i) dedicate to the City for educational, recreational or cultural municipal purposes, that parcel of land measuring 1.56 acres in size lying on the north side of NE 188 Street adjacent to the proposed Atrium residential development, as described in Exhibit A, in a form acceptable to the City Manager and City Attorney. (ii) provide to the City, a Declaration of Restrictive Covenants in Lieu of Unity of Title binding this property with the proposed Atrium residential site, in form acceptable to the City Manager and the City Attorney and filed at the applicant's expense in the public records of Miami-Dade County. 8 ~~[[~H~~ ATTORNEYS AT LA" 1~~~~I~ Clifford A. Schulman (305) 579-0613 Direct Fax: (305) 961-5613 E-Mail: schulmanC@gtlaw.com August 1, 2003 Via Hand Deliverv Ms, Joann Carr Planning Director City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 EXHIBIT #1 05-CU-03 Re: Uptown Marina Lofts at Aventura! Application for Conditional Use Approval! Letter of Intent Dear Ms. Carr: On behalf of Investura, LLC, ("Investura") I respectfully submit this letter of intent as part of Investura's public hearing application for Conditional Use Approval pursuant to Section 31-143(gX9) of the A ventura Land Development Regulations, Investura proposes to develop a multifamily residential facility named ''Uptown Marina Lofts at Aventura", consisting of 213 residential units in an eleven (11) story high building on approximately 3,741 net acres located at 3025 N,E, 188th Street. Approval of this application would permit Investura to construct up to its currently proposed height of 11 stories in exchange for a dedication of land to the City of Aventura which will be utilized for the construction of a charter middle school. On June 3, 2003, the Aventura City Commission adopted Ordinance No, 2003-08 which amended Section 31-143(g) of the Aventura Land Development Regulations to read, in pertinent part , as follows: (g) Multifamily Medium Density Residential Districts (RMF3B) *** (9) Bonus height provisions, If the applicant for a development permit under this section 3 I -143(g) proposes to dedicate land to the City for educational, recreational, or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may approve a bonns height for any multifamily building not to exceed a maximum of eleven stories or 135 feet, subject to the provisions hereof. Where the Commission approves such bonus height, the following standards shall apply: GREENBERG TIAURIG. P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 wwwoctlaw.eoll1 AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DENVER FORT LAUDEB.DALE Los ANGELES MIAMI NEW JERSEY NEW YORK ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON. D.C. WEST PALM BEACH WILMINGTON ZORICH August 1,2003 Page 2 a. The development permit shall be considered a conditional use and the application shall be subject to the conditional use requirements of Section 31-173, b, The minimum size of the dedicated land shall be 1,5 acres. c, At the discretion of the City Commission, the density otherwise available on the land to be dedicated may be transferred, and credit for acreage in the dedicated land in the calculation of lot coverage otherwise required may be granted, in whole or in part, to (1) the parcel that receives the conditional use approval... d. If multiple property owners propose to dedicate the same land to receive the height bonus allowable pursuant to this section 31.143(g), then each property owner shall apply for conditional use approval and meet the criteria of this section. Multiple property owners may be eligible for such approvals only if they own adjacent properties located on the same side of the street; and the properties must be bound by a declaration of restrictive covenants made part of each conditional use approval in a form acceptable to the City Attorney, and filed at the owner's expense in the public records of Miami-Dade County. *** f, Minimum open space shall be 40 percent of the total lot area, h, There shall be no maximum floor area ratio. I. As part of the conditional use approval, the City Commission may approve architectural design standards other than the Mediterranean design features required under Section 31- 143(g)(6)a, of the Land Deveiopment Regulations. **. Investura along with Venaventura, LLC ("Venaventura"), the owner of the property adjacent to the easterly side of Investura's property, propose to dedicate the land described in the attached Exhibit "A" to the City of Aventura for the purpose of developing a charter middle school. The property proposed for dedication is 1.56 acres in size and is to the immediate west of the new Aventura elementary charter school. In exchange for the dedication of this land, Investura GREENBERG TRAURIG August 1,2003 Page 3 respectfully requests that the conditional use approval allow that its building be developed to a height of 11 stories, that credit for acreage in the dedicated land in the calculation of the lot coverage required be granted in whole, that no maximum floor area ratio limit be placed on the development, and that design standards other than the Mediterranean design features be approved, Investura'S proposed development satisfies the other criteria of Section 31-143(g)(9) in that the open space provided is 41.81 % of the total lot area, a declaration of restrictive covenants between the Investura and Venaventura properties has been proffered and is attached as Exhibit "B", and the conditional use criteria of Section 31-73 of the Aventura Land Development Regulations are satisfied as is fully explained below. Section 3l-73(c) of the Aventura Land Development Regulations provides the following criteria for conditional use approvals: (I) The proposed use shall be consistent with the Comprehensive Plan; (2) The establislunent, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare; (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs; (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets; (6) The establislunent of the conditional use shall not impede the development of the surrounding properties for uses permitted in the zoning district; and (7) The design of the proposed use shall mmmllze adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. GREENBERG TRAURIG August 1,2003 Page 4 Criteria (1),(3), and (6) outlined above are satisfied by the proposed development in that it will consist of a residential use which is consistent with the Comprehensive Plan and the increasingly residential nature of the surrounding neighborhood, and in no way impedes the development of surrounding properties for uses permitted in the RMF3B zoning district. Criteria (2),(4),(5), and (7) are satisfied by the proposed development in that sufficient infrastructure capacity and ingress/egress to the property are or will be available, the physical and design characteristics of the proposed development will be reviewed and approved by Planning Department staff, and the increased height of the proposed building will not be detrimental or endanger the public health, safety, and general welfare, We respectfully submit that this application satisfies all applicable conditional use criteria, This application is an essential part of a proposal which will provide the City of A ventura the option to open a charter middle school for the benefit of its younger residents or to use the dedicated property for any other approved public use, Approval of this application would be a great step forward in providing further public amenities to Aventura families and in truly creating a "City of Excellence". We respectfully request your favorable consideration of this application and ask that you schedule it for the September 2,2003, meeting of the Aventura City Commission, If you have any questions, or wish to discuss this matter further please contact me at 305-579-0613 or my Associate, Mario Garcia-Serra, at 305-579-0837, Thank you for your attention to this matter. Sincerely, cc: Mr, Gilbert Benhamou Mr, Claudio Stivelman GREENBERG TRAURIG EXlllBIT "A" LEGAL DESCRIPTION Beginning at Northwest corner of East 1/2 of Northeast 1/4 of Southwest 1/4 South 1072,11 ft. East 1597,55 ft, North 312.98 ft, to centerline of canal East 218,71 ft, South 310.18 ft. West 218,70 ft. to point of beginning subject to easement, all in Section 3, Township 52, Range 42, EXHIBIT "F" This instrument was prepared by or under the supervision of: Name: Clifford A, Schulman, Esq, Address: 1221 Brickell Avenue Miami, FL 33131 (Space reserved for Clerk) COVENANT RUNNING WITH THE LAND IN LIEU OF UNITY OF TITLE KNOW ALL BY THESE PRESENTS that the undersigned (collectively, the "Owners") hereby make, declare and impose on the land herein described, the easements and covenant running with the title to the land, which shall be binding on the Owners, all heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, VENA VENTURA, L.L.C., a Florida limited liability company, holds the fee simple title to the land in the City of Aventura, Miami-Dade County, Florida, described in Exhibit "A" (the "Atrium Property"), attached hereto and made a part hereof; and WHEREAS, INVESTURA, LLC, a Florida limited liability company, holds the fee simple title to the land in the City of Aventura, Miami-Dade County, Florida, described in Exhibit "B" (the "Lofts Property"), attached hereto and made a part hereof; and WHEREAS, the Owners of the Atrium Property and the Lofts Property have sought conditional use approval of the City of Aventura to construct on their properties in accordance with site plans so that the properties can be separately sold and developed for the projects noted below, or any other future projects that may be approved by the City of Aventura; and WHEREAS, the Owners of the properties may wish to convey portions of that property from time to time, and may wish to offer units as condominiums or in fee simple; and WHEREAS, this instrument is executed in order to assure that the future multiple ownership will not violate the Zoning Code of the City of Aventura and to effect the release of the Covenants noted above. NOW THEREFORE, in consideration of the premises, Owners hereby collectively agree, for their individual properties and the totality of land encumbered hereby, as follows: I. The Atrium Property will be developed in conformity with the plans enumerated as part of the Conditional Use Approval for Venaventura, LLC and more specifically referenced in Site Plan Approval 06-CU-03, attached hereto and made a part hereof as Exhibit C. No modification shall be effected in said site plan without the written consent of the then owner(s) of the Atrium Property, as to changes specifically proposed for their Tract or Parcel or Lot, and the City Manager of the City of Aventura, and provided the City City Use Only Legal Verifled Covenant Running with the Land in Lieu of Unity of Title Page 2 Manager finds that the modification is not a major modification and conforms with the standards established in the City of Aventura Land Development Regulations, and provided further, that should the City Manager withhold such approval, the then owner(s) of the Atrium Property, shall be permitted to seek such modification by application to modify the plan and/or covenant at public hearing before the City of Aventura City Commission. 2, The Lofts Property will be developed in conformity with the plans enumerated as part of the Conditional Use Approval for the Investura, LLC and more specifically referenced in Conditional Use Approval (OS-CU-03), attached hereto and made a part hereof as Exhibit D, No modification shall be effected in said site plan without the written consent of the then owner(s) of the Lofts Property, as to changes specifically proposed for their Tract or Parcel or Lot, and the City Manager of the City of Aventura, and provided the City Manager [mds that the modification is not a major modification and conforms with the standards established in the City of Aventura Land Development Regulations, and provided further, that should the City Manager withhold such approval, the then owner(s) of the Lofts Property, shall be permitted to seek such modification by application to modify the plan and/or covenant at public hearing before the City of Aventura City Commission, 3. If either Property is developed in phases, each phase will be developed in accordance with the Site Plan Approvals except as otherwise modified. 4. In the event of multiple ownership subsequent to the Site Plan Approvals, each of the subsequent owners, mortgagees and other parties in interest of the Atrium and Lofts Properties shall be bound by the terms, provisions and conditions of this instrument, Owners further agree that they will not convey portions of the properties, other than individual condominium units, to other parties unless and until Owners and such other party or 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: (i) easements in the common area of each parcel for ingress to and egress from other parcels; (ii) easements in the common area of each parcel for the passage and parking of vehicles; (iii) easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) easements for access roads across the common area of each parcel to public and private roadways; City Use Only Legal Verified Covenant Running with the Land in Lieu of Unity of Title Page 3 (v) easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; (vii) 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; (viii) easements on each parcel for attachment of buildings; (ix) easements on each such parcel for building overhangs, 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; (x) appropriate reservation of rights to grant easements to utility companies; (xi) appropriate reservation of rights to dedicate road rights-of-way and curb cuts; (xii) easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (xiii) 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 the like. The easement provisions or portions thereof, may be waived in writing by the City Manager, or his/her designee if they are not applicable to the subject applications, When executed, the Easement and Operating Agreement shall not be amended without the prior written approval of the Office of the City Attorney of the City of Aventura, Such Easement and Operating Agreement may contain such other provisions with respect to the operation, maintenance and development of the Atrium and Lofts Property as to which the parties thereto may agree or the City Manager may require, all to the end that although the properties may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the Site Plan Approvals and in a coordinated and unified manner, 5. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami-Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then owners of the properties, as to their affected property, and the City Manger acting for and on behalf of the City of A ventura, Florida, upon the demonstration City Use Only Legal Verified Covenant Running with the Land in Lieu of Unity of Title Page 4 and affirmative finding that the same is no longer necessary to preserve and protect such property for the purposes herein intended. 6. The provisions of this instrument may be amended, modified or released by a written instrument executed by the then Owner or Owners of the affected Tract or Parcel, with joinders by all of their respective mortgagees, if any, and subject to the approval and consent of the City Manager or his or her successor, 7, Enforcement shall be by action against any parties or persons violating or attempting to violate any covenants contained herein. The prevailing party to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable attorneys' fees. This enforcement provision shall be in addition to any other remedies available at law, in equity or both, 8, Invalidation of any of these covenants by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect. 9. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone 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, 10. 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. II, This Declaration shall be recorded in the public records of Miami-Dade County at the Owners' expense, THE REMAINDER OF THIS PAGE IN INTENTIONALLY LEFT BLANK City Use Only Legal Verified Covenant Running with the Land In Lieu of Unity of Title Page 5 ACCEPTED by the City of Aventura, this _ day of Approved: City Attorney STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) ,2003. CITY OF A VENTURA BY: City Manager Attest: City Clerk (SEAL) :ss The foregoing instrument was acknowledged before me this _ day of , 2003, by Eric Soroka, City Manager for the City of Aventura" on behalf of said city, who is personally known to me or produced as identification, My Commission Expires: Sign: Witness (Print Name) Print Name: Title: Serial No,: , a Florida Limitied Liability Coropopration. By: , President Print Name, Title City Use Only Legal Verified Covenant Running with the Land in Lieu of Unity of Title Page 6 Sign: Witness (Print Name) STATE OF FLORIDA ) :ss COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this _ day of , 2003, by , the President of , on behalf of said corporation, who is personally known to me or produced as identification, Print Name: Title: Serial No,: My Commission Expires: . a Florida Limited Liability Corporation By: . President Print Name, Title Sign: Witness (Print Name) Sign: Witness (Print Name) City Use Only Legal Verified Covenant Running with the Land in Lieu of Unity of Title Page 7 STATE OF FLORIDA ) :ss COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this _ day of , 2003, by , the President of , on behalf of said corporation, who is personally known to me or produced as identification, Print Name: Title: Serial No.: My Commission Expires: City Use Only Legal Verified BROWARD COUNTY ..-.-.-.-. DADE COUNTY IVES DAIRY RD. MIAMI GARDENS DR. ~ w X i5 3i o '. :. :. ;. :~ '. :. :. o o. :. '. . '. .. .. :. '. o. . o. . . o o :. :. .. . :. :. :. '. o '. :. :1 :. .. :. :. :" :" :- :" :" :" o. o :. :. :. o. o o. o :. :. :. :. .. to ( 201 TER. ci ::7 m Z U'i 8 lj --.-..-" 192 ST. 1 I..o<hmatut's Fashion u.i Island ~ gj ITE g m z U'i 8 e~. .";); .., Cl r: ':..:1I4..,J II ":,.1"'; 183 ST. Atlantic Ocean Littl. Maul~ Lou LEGEND e Maule LoU Roadways ...... City Boundary ~ ~ ZIP Code Boundary ----------- Railroad 05-CU-03 .-- EXHIBIT #3 OS-CU-03 EXHIBIT #4 05-CU-03 Paroel A: Con.,_oCO crt the cenl... of Secllon 3, TownoNp 52 South, Range 42 East, Dade County, Florida, lhence N89'5O'55"W .1onQ the North I.. of the S."lh...1 1/4 or the Hid Secllon 3, r... . dialanee or 670.26 reel ta the Narthweot comer or the E... 1/2 or the _ 1/4 of the South_ of tho - SoclIan 3; lhenco 500'30'25"(. -.g tho weot Ine of tho East 1/2 or tho _I 1/4 of the __ 1/4 of the _ SoclIan 3, ra - of 1107,11 feol; ....... NlI8"2O'35"E far . _ of lI88.23 foot; ....... 1IOO'30'25'W far . _ or 35.00 feol; thonco _2O'35"E rar - of 1~ fool ta tho POINT or IlEClNNI<<; or tho _ or land and walor _ deocribed, thonco NOO'39'25'W r... . cr_ or 322.259 f ta · paint an tho cen...... or . CG1aI; thanco 589'56'45"E aIang the cenler1ine or . canal r... . _ or 140,012 root; ....... 500'39'25"E f... . - of 320.522 foot; lhenco 589'20'35'W far . _ or 140.00 reel ta the POINT or BEGINNING. AND Paroel B: A portion of the South 1/2 of Section 3. Township 52 South. Ro~e 42 Eost. Dade County, Florida; being more particularly deseribecI os foUows: Commenc.. at the center of said Seetion 3; thence N89"SO'55"'W along the North line of the Southweat 1/4 of .aid Section 3. for 670.26 feet. to the _,_I -- of tho Eaot 1/2 or tho - 1/4 or tho South..... 1/4 or Hid Section' 3, 1hence 500'39'25"E .'.ng tho Weat I.. .1 tho Eaal , or tho - 1/4 or the South..... 1/4 or aaId Secllon 3, far 1107,11 reel; _ N8ll"2O'35"E r... 498.41 reel; thence NOO'30'25'W r... 35,00 re. ta tho POINT or 1IEl:1I.lIlG or · _ of land and walor h...oIl1.fl.. du, _ ....... N89'20'35"E r... 346.34 feet....... NOO'30'25'W r... 322.2e re to · point on the centM;... of . canal TIII.nlMt (eaId canal I ~l n~ NCOtded In 0Mciat Records Book 1850 at Page 348. Public Recorda of Dade Couft4t. FIor1da); thence N8V56'45-W along the oentertine of -'d canal UurMht for 345.S9 feet; thence soo"OJ',S-W along the We8t. 1M of IICIkI canG' 11 ....nt. for C2.5O fe<< to the -- c:omer of tICIkf eonaI 11I18 ,....,t" thence 500"39'25"'[ for 264.05 feet to the POINT OF BEGINNING. AND Pan:el C: Cam.._lC6 crt tho - at SoclIan 3. TownahIp 52 South, Rango 42 Fast, Dado County, FIarIda; ....... North 89'50'55. W.... aIang Iho North Une of tho -- 1/4 of tho oalcI SoclIan 3. far . - of lI7O.26 _ ta tho _.oat __ of tho Eoat 1/2 or tho NarU.....t 1/4 of tho South... 1/4 of Iho oalcI SoclIan 3; -- - 00'30"25"tGot. aIang tho _ ... of the Eoat 1/2 at tho _ 1/4 at the S."lh....t 1/4 of tho oalcI -. 3. far. - of 1107.11 feol; ....... - 119'20'35. East far. _ of lI88.23 feol; ....... _ 00'30"25. _ far. _ of 3 '-t thence Notth 1IfN#~ Ea.t for . dItanoe 01 211..52: felt to the Poant of Ihall..... 01 the parOIf 01 kind and ..... hnIn du Ib.d. thenoe Nor 00'>>'25" - far · - of 320.522 - ta . paint an tho Canter ... of . canal; thence South 89'56'45" East, along Iho _ Ine of . canal. far · - of 140.012 feol; ....... South 00'30'25. Eoat far . _ of 318.784 foot; __ South 89'20'35. Weot f... . _ of 140.00 r.. to h PoInt of ~. The elbow dllc.J'1b.....d parcel of land and water II eubject to on .aUc.~1t OYer the North 62.5 feet ttw.of. Said Iond8 eftua{ ~ and IIoIno .. County, _, m oX C1l:J: 1_ Om c- 1-4 o C/.)*t: (Jl m oX C11::I: 1- OaJ c- 1-4 8. Ot ---------, , I .........,., I ...~.".,. '"-''' ""-.,..~ ~""" ""~'''''-'- , ~'....-......, ...... .... ,....... .... ~.' ~- RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN STORY, 129 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANFER OF DENSITY FOR 0,344 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3029 NE 188 STREET; PROVIDING AN EFFECTIVE DATE, WHEREAS, the property described herein is zoned RMF3B, Multi-Family Medium Density Residential District and WHEREAS, the applicant, through Application No. 05-CU-03, has requested conditional use approval to permit an eleven story, 129 foot high residential building with an architectural design other than Mediterranean style and a transfer of density for 0.344 acres from land to be dedicated to the City of Aventura in the Multi-Family Medium Density Residential District; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 05-CU-03 for conditional use approval to permit an eleven story, 129 foot high residential building with an architectural design other than Resolution No. 2003- Page 2 Mediterranean style and a transfer of density for 0.344 acres from land to be dedicated to the City of Aventura in the Multi-Family Medium Density Residential District on property located at 3029 NE 188 Street and legally described in Exhibit "A" to this resolution is hereby granted, subject to the conditions in Section 2. Section 2, The approvals granted in Section 1 above are subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . "Uptown Marina Loft at Aventura", Cover Sheet, Sheet 0, prepared by Kobi Karp Architects Interior Designers, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Lofts", Boundary Survey, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 7/17/03, revised 06/09/03, signed and sealed. . "Uptown Marina Loft at Aventura", Project Data Sheet, Sheet i, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Site Plan, Sheet A-O, dated 5/09/03, revised 7/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Level 1 Lobby, Sheet A-1, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03, . "Uptown Marina Loft at Aventura", Level 2 Parking, Sheet A-2, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", 3rd Level Lanai, Sheet A-3, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Level 4, Sheet A-4, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Levels 5-11, Sheet A-4.1, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Main Roof Deck, Sheet A-5, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. Resolution No. 2003- Page 3 · "Uptown Marina Loft at Aventura", Roof (Machine Rooms), Sheet A-6, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Elevations, Sheet A-7, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. . "Uptown Marina Loft at Aventura", Elevations, Sheet A-8, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Typical Units, Sheet A-9, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Common Areas, Sheet A-9.1, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Typical Units - Level 4th, Sheet A-10, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Conceptual Paving, Drainage, Water and Sewer Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 5/5/03, revised 07/01/03, signed and sealed 07/28/03. · "Uptown Marina Loft at Aventura", Landscape Plan, Drawing No. L-1, prepared by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03, signed and sealed 07/23/03. · "Uptown Marina Loft at Aventura", Landscape Plan, Drawing No. L-2, prepared by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03, signed and sealed 07/23/03. · "Uptown Marina Loft at Aventura", Landscape List, Drawing No. L-3, prepared by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03, signed and sealed 07/23/03. . "Uptown Marina Loft at Aventura", Promenade Details, Drawing No. L-4, prepared by Witkin Design Group, dated 12/18/02, revised 07/16/03, signed and sealed 07/23/03. 2. Building permits shall be obtained within twelve (12) months of the date of this conditional use approval, failing which this approval shall be null and void unless extended by motion of the City Commission. 3. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. Resolution No. 2003- Page 4 4. Within sixty (60) days of the date of this approval, the applicant shall: (i) dedicate to the City for educational, recreational or cultural municipal purposes, that parcel of land measuring 1.56 acres in size lying on the north side of NE 188 Street adjacent to the proposed Atrium residential development, as described in Exhibit A, in a form acceptable to the City Manager and City Attorney. (ii) provide to the City, a Declaration of Restrictive Covenants in Lieu of Unity of Title binding this property with the proposed Atrium residential site, in form acceptable to the City Manager and the City Attorney and filed at the applicant's expense in the public records of Miami-Dade County. Section 3. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 4, Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Robert Diamond Commissioner Ken Cohen Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Resolution No. 2003- Page 5 PASSED AND ADOPTED this 2nd day of September, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2003. CITY CLERK EXHIBIT A Resolution No" 2003- Parcel A: Commence at the center of Section 3. Township 52 South. Range 42 Eost. Dade County, Florida; thence N89'SO'S5"W olong the North line of the Southweat 1/4 of the said Section 3. for 0 distance of 670.26 feet to the Northwest comer of the Eost 1/2 of the Northeast 1/4 of the Southwest of the laid Section 3; thence 500"39'25'"E. along the west Ane of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of the aald Section 3. for diatance of 1107.11 feet; thence N89"20035''E tOt" a dmance of 688.23 feet; thence NOO"J9'25"'W for 0 distance of 35.00 feet; thence N89"20'35"E for distance of 156.52 feet to the POINT OF BEGINNING of the porcel of land and water herein described; thence NOO"39'25"W for 0 distance of 322.259 f. to 0 point on the centerline of 0 conal; thence S89"56'4S-[ along the centerline of 0 conol for Q distance of 140.012 feet; thence 500"39'25-[ for (I distance of 320.522 feet; thence S89"20'J5"W for 0 distance of 140.00 feet to the POtNT OF BEGINNING. AND Parcel B: A portion of the South 1/2 of Section 3, Township 52 South, Range 42 East. Dade County, Florida; being more particularly described as follow8: Commence at the center of said Section 3; thence N89"50'55"W along the North line of the Southwest 1 /4 of said Section 3, for 670.26 feet, to the Northwat comer of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section' 3; thence 500"39'25-E along the west line of the East 1 or the Northeast 1/4 or the Southwest 1/4 or lIGid Section 3, f... 1107.11 fee~ thence N89"20'35"E for 498.41 fee~ thence NOO'39'25"W f... 35.00 fe. to the POINT Of' BEGINNING or a par<el or land and -... _.r deocribed; lt1ence N89"20'35"E r... 346.34 fee~ thence NOO'39'25"W r... 322.26 fe< to a point on the centertine of a canal eauJ....d. C..id conal eaaeme.d recorded in Officiol Records Book 1850 at Page 348, PubUc Records of Code County. Florida); thence N89"56'45-W along the centerfjne of aaid canal easement for 345.59 feet; thence SOO'03"5"W atong the West line of said conal ....rnent. r... 82.50 reel to the Southwest corner or lIGld canal ....ment; thence 500'39'25"E for 264.05 feet to the POINT Of' BEGiNNING. AND Parcel C: Commence at the center or Section 3, Townlhip 52 South, Range 42 East, Dade County, Florida; thence North B9"50'55- West, along the North Uoo or the - 1/4 or the ..ld Section 3, f... a diolonce or 670.26 reet to the Northwest corner or the East 1/2 of the Northoaot 1/4 of the Southw.. 1/4 01 the ..id Section 3; thence South 00"39'25"East, along the West Roo or the East 1/2 of the Northeast 1/4 or the Southwest 1/4 or the ..id Section 3. for a dWance of 1107.11 feet; thence North 89"20'35- Eoat for a distance of 688.2.3 feet; thence North 00"39'25- W" for a dmance of 35 feet; thence North 89"20'35- East for 0 chtance of 296.$2 fM to the Point of ~inning of the parcel of land and water herein dncribed; thence Nortr 00'39'25- W" for 0 distance of 320.522 feet to a point on the Center Ane of a canal; thence South 89"56'45- East:. along the center line of a canal, r... a dlotance or 140,012 feet; lt1ence South 00"39'25" East r... a diolance or 318.784 reel; thence South 89"20'35" West f... a distance of 140.00 f..t to the Point of BegIMing. The above dnc:ribed parcel of tand and water is subject to an easement over the North 62.5 feet thereof. Said lands situate Iy;ng and being in Dade County, Florida. ~un uo U~ Ul:U~p p.<! . APPUCANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(~ oIlhe City of Avenlura Land Oe~opment Code, this Applcant RepresenlaliYe Affidavit is hereby made and submilleO. The..-.dersignel! au1horiz8d represerlali\.. of lha i1diYlduaI or enllty applylng for \he DMIopmenl Pennil, which Is identified In lha accompanying appIlcalion, and lha owner 01 ilia property libjecllO lhe Illll'IleaIicn fd dIlIerenQ hereby liItIland Identifies all persons representing the ildNaJal or enlily applying tor theC.Y8topmenl Pemit in connectian with the appIicatiln, as follows: \.to!?>1 I<'....~P RelatiOnship ~.~ AlIalloyo. __ LIndscIpf __EtIQ/llofIr.~E"'.1 Aru:.Hrr~ Name fAlladlAdIftonal S- . N.-aryI NOncE: AJf( STATEMENT OR REPlESENTATlON MADE BY AJf( PERSON USTED ON THE APPUCANT REPRESENTATIVE AFfIDIoVIT SIlALL BE BUIllHG UPON THE INllMDUAL OR EN11TY APPLYlHG FOR THE DEVELOPMENT PERMrr AND THE OWNER OF THE SUIIJECT PROPERTY. APPLICANTS AND AFfIANTS ARE ADVISED TO TIME!. Y SUPPl.EIIENT TlIS AFFIDAVIT PURSUANT TO See. 31.71(B)(2I(IY) Of THE ClTY'S LAND DEVEl.OPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO COHSlDERATlOH OF THE APPUCATlON BY THE all BOARD OR COMIIlSSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR OMPlETE. By: .2001. By: TIle: Altltess.\ 7/COC.cu..LNS ..jlo-2-O"'l ~I MIAtJlL &:.\-1 FL 7::0160 STATE Of R.ORIDA ) COUNTY OF M1AM~DADE) llaIara me \he undelSlgned authorlty ptnCll1IIIy Iflpear&d Applcanl and/or the owner 0I1le property lubjec:110 the application, who being tIIIl by me duI elll!CUled 1111$ Afli:IaYll for the P\IIlOSGS stated tlerein and flmlilrollJ and oorracl. SWORN TO AND SUBSCRIBED BEFORE ME this~~ PAR: Add_: 2J N~ lq AV~NlVM FL~3(60 . Plblic State of Florida >>. larga Printed Name 01 Notary My commiasioo expires: ~un U~ U3 Ol'OSp p.3 . BUSINESS RELATIONSHIP AFFIDAVIT" This Affidavit is made pursuant to Sec1ion 31 ,71 (b)(2)fa) 01'" City of Aventura lm1d Oeyelopmen1 Code. The undelliigned Affianl hereby dlsclc8es 1hat: (mal1< with 'x' applicable pol1Ions or1lyl "0 Affiant C"J.-'e a Business Rela1ionShip with any member of the City COI1V1\issicn or any City MjiSr:JfY V Board~~pli::atlon wDl be presented. . [ )2. Affli!l\l hereby ciscIoses lhall do.. heve a Business ReIa\iOnShIp with a member 0I1h8 0Iy Commission or a City NMYJf'l Soanl to WI1ic:h the application 'MIl be presentad. as follows: (lis1 name of Commissioner or NJWiIJlY !lOan! Member) who - 'ori iha (I.ist City Commlsston or City NJvisory Soanl lJPOR wIIich member ll'f: llIe: _I. The nature ol1he Business RelatlonSlip is as follows: [ 1 i. Member of City CommIssIJn or Board holds on ownetahlp In10rest in excess 011% of Iotal assets or capital stcd< 01 AppIIcaJt or Aepnlsentalive; II iL MemOer 01 Ci1y Commission or Board is a panner, co-sharohclder (as 10 shares 01 a COlllOralion which are nollls1eden lilY national or regional aloCkelalhang8} or joi1lvenUer wlh tle AppIicenlor Representative In any businaSS venlllre: [ 1 Ii. The Applican1 or Represen1a1iYe Is e Cienl of a member 01 the CI\y Col1'll1ission or Boani or a Cllant of another professional wor1Qng from tha same oftice or for the same employer as the member of the CI\y Commission or Board; [ J iy. A City Commissioner or Board member ill . Ciani of the Applicant or Representative; I ] Y. 1M Applicant or Representative ill e Cuslomer of the member of lie Clly eommlssiln 01 Board (or of his or her employerl and Iransacts more Ihan $10,000.00 0I1he bUSiness 01 h member of the City Commissioo or Board (or his 01 her employer) il a given calendar year. I J vi. The member 0I1he CIty Commission or Boanils a Customer of tile ,o\jlpican1 or Representative and transaCts ntOI1I then $25 .00 01 1he buSineSS 011he Applicant or Representative In a given caJe~ 200J APPlICANT: . /Uf/l) {Prill} OAYCf~ By. Name: Tille: tlJt81 {f'rilI) . j 'The terms "BuSi/l8SS Ia\ionship, , "Cfi8nI. ' "CusIcn1er,' 'Appkatt,' "Representalille' and 'Interested Person' are defined In Sdon NS5 oIlhe AvilnlUta City Cede. 08/ 1 ~t/03 08'29 b~t:t:.Nt!I:;."<:b I t-(HUI-t: 1';1 ...; ';'\1(3:;':;1<-4::-"::1 ( l. ~ I''..'. '_'':'" v.....'.:.. .A~~.~O.02 12103~ p,4 . .~ NOTAIl1!ATIOH 'IIOVISION V ITATE 01' NlllIOA I " CICiUlI'/YOI' lIlAI/loDIDil _ N. III ~ .,..,.."...-Jr..... /1$ .~ '1. ~ lIhO. _,~"_"lor...........IIoIIod_"'''''''.ln......- ' '.7 ~10~llI6SCIll8ED""'''''III5.Bf&'oI~V fe/sO/1 v I' ~ ~ Vldwl'\ ..... . OIJH<A1Zoo~' ":I;::-" MY GOMM.\SSION', 2007' l<' ,', €XP\PES:JU~ \1, ~ .ill ~Thl\ltt~~~~U ,."<.'t.i/I,'$>"" --~ ""_,1111"",,,", If ATE ClI' I\OMlt. I .cauNrtCF 1MHI'Di) .. .. ... _"'... ,"""", "...,.., _rod _tlMAld.~lor"'_llIlo<I_MIlfllllll""WII- ",~....."""..., OW dItt _llIl_" oIIl\ll.... IoPI\Nft _10 AND a1I8GCl1l18l I......" 1115_l1YoI ,11II01. IIoIIl1N111o_cl_N.l.aJIa f'llnloG _clNi*rr lit' DlI . , '..... Il'A'llOl'R.ClMlII I QOUN1Y ClI'IIo\MIOADEl ..... "",,,, ",jllllgnof 0MIIlIriII', _1'/ ~ III NIanl,..... btllt InlW"" 4~ -. \Ild -...... fill . _...wdallAllillwllor"'_aII\odlltllllniMhl......IlIIl- AFFWIT twOIINlO_lMIIlCIlI.m_......._...... 1llIlI, -,NlIcSlllllof_N.UlgI ___No\IIv lAy .....n~ If ATE ClI' I\ClIIOA I 00UNl'Y 01' IUMMIoIDlil ....... ~"14 ~............"""''''' -.. ,~"AII'odIIItarlll""'IIIlacI"* IIIlhll..l1IIllIIl_ hAllloll.""'btllt...W"'_ _""..,..lftl,llrc IoffWIT 8WOI\II1O oIMllU88Ol\lRO 1IoIo"..no _..."'_ .Ul1. .. NGM/fNllc_olAilllda MLalgt PlIIlaIl NIma" NaIIly lIy~opna: AU~ ~O 02 12102p p.2 - . . APPUCANT REPRESENTATIVE AFFIDAVIT , . Pulsuant to SeclionSH1(b)(2)(1)ollle Ckyof Aventn Land DeveIapmentCocle, this ~Representallve AIIicIa\1IIs hereby made end submitted, The IIlCIelllgned aulhoc1zed representative 01 fie kldivkIuaI or en\ily applying for lie Development Permll, wlIld1 b klenlifled " lhe aocornpanylng applicallon, and lIle owner of tile property IWjec:I to the~lIon fd different) hereby IisIs end IdenliflllS all persons representing lie ktd'Mdual or entily applyilg for the Development Permit k'I connection wflh fte application, as follows: Name RetaUonshlp~, Afromqr, ~ I.andoorpo M:iI/tec:I$, EngheoIr, \.oIl6j'fsfs, EIc.} Clifford A. Schulman Mario J. Garcia-Serra Ct:.JL , / /' r 1'0/'F(::"-- I Attomev Attomey 0:", "~Ltk, 1- - (L~(Ot- f'blQ:)Jc-~ . 0 I . (AIIach Additional Sheets I Neoe$$ary) HOllCE:AHY STATEMENT OR REPRESENTA110N MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTAllVE AFFIDAVIT SHAll. BE BINDING UPON THE IHDlVlDUAL OR EN11TY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFFIANTS ARE ADVISED TO llMEL Y SUPPLEMENT THIS AFf10AVIT PURSUANT TO SEC. 31'71(8)(2)(lV) OF THE <m"S LAND DEVELOPMENT REGUlAll0NS IN THE CITY CODE, IN THE EVENT TltAT PRlQR TO CONSIDERATION OF THE APPUCAll0N BY THE CITY BOARD OR COMMISSION, THE INFORMAll0N PROVIDED fN THE AFFIDAVIT BECOMES fNCORRECT OR IKCOMPLETE, ' ~~-r WllNESS MY HAND THIS DAY OF AUlliORlZED ~PR~ENTAllVE OF APPUCANT: By: ~~;., ~~R~ (SlgnalurllJ Name: M;:tri n r~r,....i ::I-~rr;:t (Ptfnf) TIlle: Attomev ~t~~ tJ 20013. OWNER By: Name: ,-_r Address= 1 "1 'Rri ("'oklO l' n.'U~ Miami, FL 33131 STATEOFFLORlDA ) COUNTY OF MIAMI-DADE} Belole me the unden;lgned auIhcxl1y personally appeareda~d.6~k;....cltt' as the authorized representative of the Applicant and/or fte owner oflhe property subject to the appllcallon, who being first by me duly 8 . ~ear or afllnn that helshe executed lhls AIl1davlt lor the purposes slated thereln end !hat lis ttue end correot. ) / - ~~./'7 ;;r / SWORN TO AND SUBSCRIBED BEFORE ME this J!.. day all!. 2003. .,-.- ,~y~~'*"''''(-7FAClALNOTMY : 0" "':;, CINDY "EYEflolary Stale of FloI1da M. Large -'? ~(]('~ rr ;}) i c.C~\lIS-~1OO Name of Nolary ,~\ ~,~::"r CC905802 Isslon .....~, ',,~~(' ,.,.-:,. ,..,:-:' :P COMMISSION ''''t''''gliJ. I~~B. 21 ,2004 Rue 20,02 12103p p.3 . . . BUSINESS RELATIONSHIP AFFIDAVIT- ThIs AIfldavllls made pursuant to Section 31-71(b)(2)(i) of the City of Aventura land Development Code. The IIlderslgned A1f1allt hereby discloses he (mark wIU1.~ applicable poIIions only) AlfI8lll does ml have a aumess Relatlonshlp wIU1 any member 01 the CIty COnmIssIon or any CIty Advlwry Board to whlch the appUcallon wll be presented. AIf&ant hereby discloses IIat K does have a Business Relat~ wIU1 a IIlQmber 01 the City Commbslon or a City Advisory Board 10 whldl the appIloallon will be presented. as fol\owS: . (" ~1, cI \..- () 2, (list name of Conunbsloner or Advtsory Qoard Member) who serves on the (list CIty Commlsslon or CIty Advisory Board upon whlcl1 member ., serves), The nature 01 the Business Relationship Is as follows: ( I vi. The member 01 the CIty Commission or Board Is a Customer ollie ApplIcant or Represan1atlve and lransac:ls more lhan $25.000,00 of lie business of lIle /IilPIlcant or Representative In a given calendar year, WllNESSMYHANOmS~OAYOF Ali~vJ APPLICANT: By: ~~ ~.g~ Name~ ~rio J. r..:=lrcia-~""'n TIle: n.+-+-nrno~l' III 11&, 11 it, 11 iv. \lY, Member of CIty CommIssion or Board holds an o~ lRlerest ... excess of 1 % of \otaI assets or capltal stoc:k of Appficant or RepresentaliYe; Member ol City Commission or Boanlls a par1ner. co-tharehoIder (as to shares 01 a oolpOfatlon which are not listed on any national or regional stock exchange) or )oint ventlnf wllh lie Applicant or f\epr8S8ntatlve k1 any business venture; The Applicant or Representative is a Client of a member 01 the CitY CommIssion or Board or a ClIent of anolller professtonal working trom the same offICe or lor 1I1e same empbyer as lIle member 01 the CIty Commission or Board; A City Commissioner or Board member Is a Client of the Applicant or Representative; The IIpp\icanlor Representative Is a Cus10mer ol1l1a member ol1l1e City Commission or Board (or 01 his or her employer) and transac:ls mora than $10,000,00 ol1l1e business ol1he member olllle CitY CommIsslon or Board (or his or her employe~ In a given calendar year, .2001, (Signature) (PdnI) (prlnQ WITNESS MY HAND nilS _ O,,"Y OF PROPERlY OWNER: .2001, By: Name: ~i l~r+ ~nh:::mV'\11 TItle: MPrTIhPr (SlgnalUIll) (PrlnQ . (PtloQ Pres~dent MRG, .' Inc. as Mgr. of Investura, LLC '111e fenns 'Business Rela/lonsht>.. 'CIien~ . 'Cuslomer,' ./WJflcan~. "Representaave. and 'fnterested PalSon. alll defined In SeclIon 2-395 of the Avenfura CIty Code, Aue 20,02 12z03p . . . p.3 BUSINESS RELATIONSHIP AFFIDAVIT. ThIs AlflClavllls made pursuant to Section 31-7Ilbl(2)(Il) ollhe City of AventUl1lland Development Code, The undetslgned Alflant hereby discloses 1llat (mallt wIIh .x' applicable por1Ions only) Alflllflt does Il2l have a Busbess Relat~ wt1h any member ofllle CIty COmmIsslan or any CIty Advisory Board to which lhe apptloelion wl" be presented. A/filllt hereby discloses lhall does have a Business Relallon~ wIIh a II1Qmber ollhe City Commission or a CIty Advisory Board \0 Yo1IlclIlhe applloatlon will be presenled, as follows: . (list name of Commlsaionef or Advisory Qoard M8mbe~ who serves 01\ the (list City COIIvnIsslon or City Advisory Board upon Yo1IIclI member (' ~1, fI \... I) 2, ., serves), The nature olllle Buskless Relationship Is as follows: III llli, 111ft. lilY, ()y, By: Name' ....,A, .....' nr+-r'\T"r\O~t 11 vi. Member of City Commlsslon or Board holds an ownershlp Weres{ h excess of t % ollr:llal assets Of capltal sIDcik of AppIoant or RepresentalIve; Member of City CommIssion or Board Is a palinill'. oo-tharehoIdlll' (as to shaces of a oorporatlon whlch are nollisted on any national or regional stock exchange) or )oint venturer wIIh the Applicant or Representative In any business ven1unl; The Applicant or Representative is a Client 01 a member 01 the Clty COmmission or Board or a Client 01 anol/ler professlonal wor1<lng lram the same 01f1Ce or for 1I1e same empby8r as lIle member oIlhe City Commission or Board; A City Commissioner or Board member Is a Client oIl1le Applicant or Representative; The Applicant or RopresentatiY8 Is a Customer oIlhe member 0( Ute City Commlssion or Board (or 01 his or her employer) and transac1s more than $tO.ooo,oo ollila bushess ollha member ofllle City Commlsslon or Board (or his or her emp\oyel) h a glven catendar year; The member ollhe City Commission or Board Is a Customer of the ApplIcant or Represen1atlve and transac1s more than $25.000,00 ofllle business 01 the Apsj\Icant or Representative n a given oaIenclar year, IS ,g1A DAYOF Av~vd' .2001. Signature) Q (PrfnQ WllNESS MY HAND THIS _ Dfl.Y OF PROPERTY OWNER: .2001. (Signature) (ptlnQ President MFG, (ptlnQ By: Name~GilhPrt- P,pnht=mnl1 1ltle: MPm~r " Inc. as !i::Jr. of Investura, LLC 'The lenns 'Business Relationship,' 'CI/enl,' 'Cuslomer,' .,Aflpacant.. 'flepresentaUve. and 'In/6Ill$Ied Person. are defllled In secUon 2-395 of lhe AventullI CIty Code, Rue 20 02 12:03p . . p.5 . , WlmeSS MY HAND lllIS L DAY Of .TcJ/'J ,200~. , REPilESENt .m E: llstecl on BusInesS Rela\lonslllp A.lftdavll) f.. By: I . . fA .-.:niture} !lY: (SIgna lure GC/ Name~ ord Schulman (PIfnq Name: (Pdnt) TMJe: Attorney (P1fnl) l1\1e' (PrInI) By. ~~~lure) By: (Slgnalure Narnt.'oJario J. Garcia-~l) Name: (Ptinl) 1lGe; Attorney (Pdnt) TdIe: (PrfntJ By. (SIgnalurv) By: fSt1nalurv Name' (Pdnl) Name: {Prinl} . 'RIe' (P1fnl) Tille' (Pdnl) , By. (Signalure) By: (Signature Name: (P1fnl) Name: (Pdnt} TIlle: {PrlnI} 1ltIe: (Pdnt} By. (Slgnalure) By: (Signature Name' (prinl) Name: (Pdnt) TMJe' (Prfnq Tllle: {PrlnI} By. (Signature) By. (Slgnalurv Name' (Prfn/) Name' {PrlnI} . , TMJe' {PrlnI} l1\Ie: (ptinl) , HOTE: 1) Use duplicate sheels If dl$dosure Infonnatlon for RepresentaUve varies I ~Pllcanls and Alfllllls are advised to Umely supplement this AflIclavlt pursuant to See. 31.71(b)(1KIv) of Ute s land Development RegulaUons In tile City Code,ln the event that prtor to OOl\$lderaUon of the applloaUon by the CIty Board or CommissIon, the InfonnaUon provided In the Affidavit becomes Incorrect or Incomplete, , . .R~C.~O.02 12103p p.4 " NOTARlZAllON PROVIStON >( STAlE OF I\.OlIIOA I CXlUlITY OF uw.u-oAIlEI Clilfonl A. srn""", ~ BeIonI .... lie IIIder$lgIled 1IIhldty, ~Iy 1l'l'tWI. MrI8l1l, tlQ Y d swom. d'd Mar or aftinn I1at IIeI1ho aoooMd Ilis Nlidad foe... ....,....lIlaIod........1td hi lis we and IlImd. &.. ~t r SWORNTOANDSOIISCRIllEllbefac9me..lLdsYol .:Ju0 .fIJ03tu . - c& OfFlClALN J\RYSEAL ~ (h MIRPJAM REV Noloty _ $faIO ol_ N. NOfARY PUBLIC STATE 01' FLORIDA COMMISSION NO, CC88(881 I'dn1ocINemI oC NoIaoy MY COMMISSION EXP. NOV. 9 My oor..,A1Ic."~ ---- . STAlE OF R.CIlIlDt\ I ,CiQUNTYOFMWoII.(W)El Mar' J ~o . BeIonI ... .. .....~ 1IIhldty, petSOMIy ,"",lid IIeI1ho loooMd Ills Mrdavll foelle puIpO$8S sIallId .....ktltd hi IIs1M ond IlImd. Garcia-Serra lie AIiInl,lObo ~ "l>r" tit swom. did _or allIm hi ~~:f~ _",...""""",,__~3' ~.:J,,I.>I ...r~~ OFfiCIAL NOTARY SEAL =;---r MIRRlAM REV NOfARY PUBLIC srATE OF FLORIDA NoClIlyPoAllic6tataalFladdaN. COMMISSION NO, rolll(B!~_ PrinIed NemlolNQWy MYCOMMI5SlON EXP. NOV, 9.:aJU;1 My_........JqIIres: STAlEOF IlClAIllA I COUNlY OF MIMllOADE) 80.... ..., lie IIlderslgned allllodty, pel10lIIly IllPUlIll IIeI1ho aoooMd Ilis Mrdavll foe... PUlpOSIIIllalolcl '-In and ....tlls we and IlImd. ... MrlOlll, v.ilo blk1g fnI l>r me duly swom. did ...... or allinn I1It ~ SWORN TO AND 6U8SCRIBEIl be.... me.. _ dayal fIJO 3 . "*yPoAlIic$falO aI_N.l.llVO l'dn1ocI_alNolluy My ClIMlIssbIIaJqllres: STAle OF IlClAIllA I OOUNlYOF M1AMI~ 80.... lilli, lie unde!Slgned aulhodly, penondy ,"",lid _ alflCUl8<lllis Mrdavll foe lie pIIIpOSet Slated "'1Ilt! and 11II1 Is.... and IlImd. llelJlial1t. wl10 betlQ tI'II by me IkIIy swom. cIId ......, or .fI1nII f1aI ~ SWORN TO AND SlJBSCl\lBEIl belolllme.. _"yol .20013. .. lIola1y PIdl6lal8 01_ No ~ PdnledNsmeolNolluy MyCOCMliStlOn .....' @ APPLICANT REPRESENT A nVE AFFIDAVIT Pursuant 10 Section 31-71 (b)(2l(i) 01 the City of Aventura land Oeyelopment Code, this Applicant Representatiye Affidavit Is hereby made and slilmi1led. The undersigned aulhorized representative of lhe ildividual or entity applying lor lIle Development Permtt, Yttlth is identified i1 Ihe accompanying application, and the owner 01 the property subject to the application (~ different) hereby lisls and identifl9S all persons representing the individual or entity applying for the Deyelopmenl Perm~ In connection wI1h d1e application, as follows: Natml \.U\"("-i~ ~ GQ.oo P Relationship ~... AfklmItI, A1rNIIdJ.IAndsaJpI -,"ngineet>. ~ ""'.) ~'DSCPPe ~l~-r (AlIach Additional Sheels If Necessary) NOTICE: Atl'( STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPLICANT REPRESENTATIVE AffiDAVIT SHAll BE BINDING UPON THE lNDlVIDlJAL OR ENTITY APPLYING FOR T11E DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY, APPUCANTS AND AFAANTS ARE ADVISeD TO TlMa Y SUPPLEMENT THIS AFADA VIT PURSUANT TO SEC, 31-71(B)(2)(1V) OF T11E ClTY'S LAND DEVELOPMENT REGULATIONS IN T11E CITY CODE, IN THE EVENT T11AT PRIOR TO CONSIDERATION OF THE APPUCATlON BY THE CITY BOARD OR COMMISSION, THE INFORMATlON PROVIDED IN THE AFADAVIT BECOMES INCORRECT OR INCOMPLETE. 2001. OWNER By: (Signature) Name' Tille: (PttntJ Address: STATE OF FLORIDA ) COl.INlY Of MIAMI-lJADE} Belore me lIle undersigned au1hority personally appeared Q~ Lu.~ 1 VI as lIle authorized representative ollhe Applicant and/or the owner oflhe property SUbject to the application, who beir\g first by me duty sworn, did swear or affirm that he/she executed this Alfldavit lor the purposes stated lIlereln and that ft is true and correct. ~ .::>. J AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this 1. day of ul \.f ~~ ~~, SHAN! R. ROUSHAII Notary PIilIic Slate 01 FIo!ila A1lar~ _, ~ f!~"J,.. IIYCOMl.\ISSION,CC902188 Pr1nIed Name of Notary 'Sh1t'1i ..b'G =rAV- "!',.; , , EXPIRES: Janll8lY 13, 2004 My c:cmmlssion expires: 'l\I'(iU. BondIdThruNollryPtmlclJnclllWrhl'l .", Ii BUSINESS RELATIONSHIP AFfiDAVIT" This Affiday~ is made pursuant to Section 31-71 (b)(2)(U) of Ihe city of Ayen\u(a land Development Code. The undersigned Affiant hereby discloses ~t~rk v.ith "t' applicable poI1lons only) ~. AlflllOt does !l9! haye a Business Relalionship with any member of lIle City Commission Of any City Advisory Board 10 which Ihe apprlCation will be presented. ( ] 2. Affiant hereby discloses \hat n does have a Business Relationship with a member of 1I1e City Commission or a City Advisory Board 10 which d1e applicallon will be presented, as follows: (List name 01 Commissioner or MIrst>ry Board Member) who serves on !he (Usl City Commission or City Advisory Board upon which member servesl. The nature of 1I1e Business Relationship is as follows: [ )1. Member of CIty Commission or Board holds an OWTl9lShip i11erest In excess of 1 % of total asse1ll or capital &took of Applicant or Representative; [J Ii. Member of CIty Commission or Board is a partner, oo-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joi1I ventunlr with the Apptlcanl or Representative In any busiless yenture; [ I iiL The Appncant or Representative is a Client of a member of lIle CIty Commission or Board or a Oient of another professional working from the same offioe or for Ihe same employer as the member of lhe City Commissioo or Board; (I iv. A City Commissioner or Board member is a Client of !he Applicant or Representative; [ I v. The Applicant or Representative is a Customer oflhe member 01 the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of 1he business of the member of Ihe City Commission or Board (or his or her employer) In a given calendar year, ( ) vi. The member of Ihe CIty Commission or Board is a Customer oflhe Appl1canI or Representative and transacts more IIIan $25,000.00 of the business of the Applicant or Representative it a given calendar year. WITNESS MY HAND 'THIS _ DAY Of APPUCANT: By: - (Signature) ~~.,1; ~~~ ~~1I1 tJ (~) WITNESS MY HAND 'THIS ~ DAY OF '- J ( ) I -'1 PROPERTY OWNER: 200J By: Name: TIlle: (Signature) (Print) (Print) "The 18/lllS 'Business Rslationship: "Client," "CustOllJB(," .Appllcant: 'ReplNen/ative" SlId 1nterested Person. are deOned In S8ction 2-395 ollhe AI'8fIIUIll CIty Code. WITNESS MY HAND THIS -L DAY OF ~() \ ~ REPRESENTATIVE: (Usted en BusNss Relationship Affidavit) 2d m.." SHANlR.~ , ";'.' :~ MY COMMISSION' cC'9c :~ '; ; i EXPIRES:January 2004. Name, ..."., """,,,,,_.,,,,,, _ mOl." TI1Ie: fI (Print) TI1Ie: (SIgnature (Print) (Print) Tille: TIlle: (SignaIln8 (Print) (Print) Name: (Signature) (PrinQ (Print) By: Name: By: By: Name: TIlkl: (Signature) (Print) (Print) By: Name: (Signalure Tille: (PrirrI) (Print) (PrinQ (Prtnt) By: Name: Tille: (Signature (Print) (Print) (Signature (Print) (Print) (Slpnalure (Print) (Print) By: Name: Tille: (Signature) (PrinQ (print) (Signature) (Print) (Print) (Signature) By: By: Name: Name: Tille: Tille: By: By: Name: Name: Tille: Title: NOTE: 1) Use dupllcatelheels " disclosure Infonnatlon tor RepraentlllYe vartes 2) Applicants and Alftanls are advised 10 timely '~lemenl1h1s AIllcIaYlt pursuant 10 See, 31-71(b)(2)(1v) of the CIty', t..nd Development Regulations In the CIty Code, In the event that prior 10 consideration 01 the Ippllcatlon by the CIty Board or Commls&Ion. the Inlonnatlon proY1decl1n the AlfldaYIt becomes IncCMTeQl or Incomplete, NOTARlZAnON PROVISION STATE Of FlOR1OA I COUNTY Of MWolHlAOE) , IletoIo mo, ... uncIeBignId lIIIItoo<Iy. pe<soMIy -D~)!-\.-IL J v'\t,. A/ll6nl, """ boilg lnt b\' mo duly .-n. cIld swear or oIfllll1llle1 __ ._1llIs _ "".... pu_ _led""'" ond that ~ is WO .nd r.:;:::= ~ AfflANT SWORN TO AND SUllSCIlIBED be.... me .... -.L Gay Of J ut ~ 2011I - llHANI R.1\OU8IWI lit COMMISSION' CC 902188 EXPIRES: January 13, 2004 BondIdTbnJMotIlYpiJ:llcUndetWriI8lS STATE Of FI.ORIOA ) COUNTY OF 1.000~-.oe} ..... me, fie undeoignod aohlItIy, peISOIldy oppeIIId _____.._Ior......--....... ond.... Iii no ond-. ... AlIeni. _ boOlg iIII b\' me ~ _, dil_ 01 efIInn 11&, AfF1ANT SWORN TO AND SUBSCRIBED -. mo 1hIs_ clay of . zoo) NoIwy NlIIc _ Of F10rida N. Latgo _ Name of NOIIIy t.tt UoIII_..dIIon...: STATE OF F\.OAIIlA I COUNTY OF MWoI DADE) - ...., .... undonIgnod 1IIItoo<iy, pe<soMIy oppeIIId __._ Ills _u... pucpooes _ _ ondl1al~ is WO ond mnod. ... -. """ boilg lnt b\' me duly ......, did _r or ._ 11&1 AfF1ANT SWORN TO AND SUlISCAI8etl beIoto mo.... _ clay 01 .z4 ~_Sla"oIFIorldaN.1.argo P1tn1Od Name ol NoW\' t.tv.....I.'. ")11"'-= STATE OF F\.OAIIlA >> OOUNTYOF~ IleIool mo, ... undonIgnod Iilllhotlly, poIIllMIly --' __._..._Ior....___and....,ilweand-. fie AlIianI, _ boOlg Ir$t b\' mo duly _, did _ or .Ifinn thai AFIWIT SWORN TO AND SU88CRlBED be.... me '*_ day of . ~ NolIrt _ _ 01 FIorlda AI Looga PMIOd .... 01 NOIIIy Wy @at......npnt: Un.L...fA.N' MAr!~ ~ '_L>#~. . APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant 10 Section 31-71 (b)(21(il 01 the City al Avenlura land Development Code, 1his Applicanl ReprlllHl/ltative AffidaVit is hereby made and elbnilled. The lIldersigned authortzed re~tatiYe olllle IndivlduaI or entity applying lIlr the Development Permft. which is idenlilied .. IhG aetcmpanylnll application, and 1he owner of the propeny slbjec1 to lI1e application (I dillerent) hereby lists and lIIenIiliee ell p8f5IlnS representing lI1e Indlvidual or enlily applying lor the Development Permft In connection wtIh the application, as follows: Name C ~,../ L., 5A,~.$ //.'~ Relationship (i... ~...-. UndsaIpf AId1iIoc:l:I,~L*,.E"') EhQ /#f. ~~ r- / (AIlach AddllionaI Sheets " Necessary) NOl1CE: AllY STATEMENT OR REPRESENTAnON MADE BY AHY PERSON USTED ON lltE APPUCANT REPRESENTAnvE AFFIDAVIT SHALL BE BINDING UPON lltE INIllV\DUAL OR ENTITY APPLYING FOR lltE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY, APPUCAHTS AND AFRANTS ARE ADVISED TO nMEL Y SUPPLEMENT lltlS AFFIDAVIT PURSUANT TO see. a1-71(B)(2KIII) OF THE ClTY'S LAND DEVELOPMENT REGULATIONS IN lltE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERAnON OF THE APPUCATlON BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WIlNESS MY HAND THIS ~ DAY Of AImlORIZED REPRESENTATIV1~~U~: &r.~~ Name: (-A ...~':'"'~ ~ j b .5 T." r"-"{>J~e'l.-f- FORTil'J ! :::.'"'' c., ;;. v;, ~. I "",,~_'.1.:~, ......1',-',_~,_-;, i.'li'U . 1!J.i l,J.r.::. .'~.];~ ~;,;i. "'-"'"'h ";;~~", ""c,,,,.;, q .",rl"'2 '\,vf" ~~..\JjiU~ ~'_''''''~'''I r..... ~_ rr.;;; ~/y I 200B OWNER By; (Signalurs) Name: (PrlnQ Tille: Address: STATE OF flORIDA ) COUNTY OF MIAMI-DADE) llGIor8 me the undersigned aU1horlty pel'lOMlly appoared ell ~ II. . >1 J k .s )If the authorized representative of the AppIcant and/or lIle owner 01 the properly lubject to .,. application, who being fir&t ~ aid ~. that ~ .weeo_ I1is Allidavll for the purposes lIlaled therei1 andlhal K Is true and colT8Cl. . " . ~ / V~ 'AFFIANT """',. ""''''''''''''''''''''.... L.. " &5'" ~ o.nIIICFolln ~~~ ~ ~'J\.. My Con'.,JstIO<1 DOI..ellO Notary PlbIic SIale 01 F10Iida At Latge ,\!f. i ElqliIWI s.ptImbel 03. 2008 Pri1ted Name of Notary .." ....-.. . _, _,..._ 8XpIl'es: t;~r~Wh H<I(p-/nc L f),#J . ~. BUSINESS RELATIONSHIP AFFIDAVW .. This A/lidaYilIs made plJl'llUlIfltto Section 31-71 (b)(2)lii) of the City of Aventura Land Development Code. The undersigned Al1iant hereby discloses that: (mark v.ith "t' applicable ponjons only) )(1. Affiant does l!Q.\ have a Business Relationsh~ wllh any member of th9 City Commission or any City Advisory Board to which the application will be presented. Al1iant hereby disclose51hatl does have a Business Relationship with a member 01 the City Commission or a City Advisory Board lD which \he application will be presemed, as lollows: (liot name 01 Commissioner or MiIIItJry Board Member) .mo se~ en \he (Ust City Commission or City MiIIItJry Board upon ""Ich member 112. -I. The nature of \he lIu$i1ess Rlllallonshlp it as lolIows: Membar 01 CIly CommIssion or Board holds an ownlll'llhlp ~raat in _ oll "" ol101alllSS8fs or capllaIllllck 01 Applicant or RepresenraIive; Member ol City CommiIIIon or Board is a pamer, r:o-eharehotder (as ~ shanJs of a aHpOration which are not listed on any national or regiona1 $lDck axchange) or joint venturer with Ihe AppI'IC8I1l or RePl1lSlll1tali11\! in any busineas venwre; The Applicant or Representalivll is a Client 01 a member of the City Commission or Board Dr a Client Df another prof_ional wortcing fIllm 1ha same offICI or lor lhe same employer as the member Dl the City Commission or Board: A City Cornmissionet or Board membet is a Client 01 \he Appticant or ReprasenIl11iYe; The Applicant or Rllpre.dallve is a Cuslonlet oIl1le member of the CIty Commission or Board (Dr of his or her employer) and ~ monllhan $10,000.00 01 \he business of 1he member of \he City Commission Dr Board lor hla or her employer) in a given calendar year; I ] vi. The member ollhe CIty Commission or Board Is a CUstomer of the Applicant or Raprasantative and II'II1IaClIl more \han $25,000,00 of \he busNss 01 Ihe Applicant or RepresentaIlve in a given calendar year. WITNESS MY HAND THILL DAY Of ~jv .214 APPl~: By f~"4; (SignaIunl)FORT~N.lEf\\rt, ~)(i!.E;:;, !NG. Narne'_~ --L..--' _ s (PrinI) 180 \.tE, lC..a St. lllI8: p~ 4<, (Prinr) North \~!cmi S'c:::ch, FL 33162 . IIi. llii. lliii. lilY. 1I Y. .~ WITNESS MY HAND THIS _DAY OF PROPERTY OWNER: By: Name: TIlle' (S/gruJlure) (Print) (PrinI) 'The IIlrms "BusM18ss Re/IIIiOIIShIp: "CIenl,. "Cus1omsr: .Applicant," 'fleprllSBlllafivll' and 'nlere$/ed Person. are denned in SllcIlon 2-S95 olllle AWIIIfUnI CIty Code. t,/p hvv'? /1 ,tN" ;~C( i..&#? , , Wl1'NESSMYHANOTHIS10AYOf ( 7:-7 REPRESENTAllVE: ~..$ ~ine$s Relationship Affidavit) By: 11/~~naIure) Name:C4'rl,- ,57!<'h((Prim} Title: ~~. Fori(l~i~, loC::/b.;;"t) -- lt~ b~.~: ~c.J SL NOl'th Mi~i7ii Bc~(h, FL 33162 t'.:' ; c'"~''' By: (SignaIurv) Name' (Prtrt) Tille: (Print) By: (SignaWre) Neme' (Prtrt) TlUe: (Prill) By: (Signalure) Name: (Prill) TIlle: (Print) By: (SignaRJI1l) Name: (Print) TIlle: (Pml) By: (SignI1UI1l) Name: (PrinI1 TdI8:. (Prilt) 2d By: ($jgtIaIure Name: (Prinf) Tille: (Print) By: (Sil/nature Name: (Prill) Tille: (Print) By: (S/gnatu18 Name: (PrInt) Tille: (Print) By: (Signature Namo- (Prtnl) Tille: (Prim) By: (Signatum Name: (PrinJ) Tille: (PrirrI) By: (Signaluru Name' (Print) TlUe: (Print) NOTE: 11 U.. dupllc.ale.heeta If dlacloauN Infonn.uan tor RI&I-lIlIve vw\ea 2) Appllrantr 8fICI Afl\antIIarelllvlllld IrJ tImeIy.upp1ement OIls AIlIdaYIt plll'luant to See, 31.71(bK2)(lv) of the Clty'e LMd Dwelapment ~ In the CIty Code, In lite evant thaI prlgt to _lcIntlon of the appl\callan by the CIty Boanl at Commlsslan,lhe InfotmaIJon provided In Ole AIIkIavlt bIeol\ll$lncotred at Incomplele, I{,p~~w~ Hd rf~"'<. t..e>.ij:..7_ STATE Of FUlAlDA ) COUNTY OF NIAMI-DADf} 8eforo".lI1olllldollignod..u..ty.~Ij:IPO&I1IdC",./ I., rJ;~AIIIonl,~.. lItsI med~-.did_rOl.IllnnIhI" ___....AIIi:tovIl....llIlpu'l""*..._i1I1nd...llotruo.n4~ ~ AFFIANT S~TOAHD~;botn=C~YQI 0/Lf .~~/~ . ';jj MyCommlulonDOl4e800 -,.NlleSlllool_A1Lo1llO . '\.. "oJ ExpiIeo Soptombo( 03.2006 I'mIod _ 01-.., My_,~1 . -....: NOTARlZAllON PROVISION STATE Of fLDRlO,t. I COUNTY Of IUNI DADE) ........ Ul4el...d 0lIhl01ly. ~~ .......--...._lotll1o...-_....oroIlhol.ioNl OldClllllkl. "AIIIonl,whobmg Inllby.. ~_. did_or.b Iho\ AfFIANT SWORN TO AID SUBSCRlBEObotnl1'llllhls_ cloy 01 .2(0) ~ NIleS"'''' 01 _ N.LoIve Pm.d _ 01 NoIoJy My Q)R.. I I ~'... STIoTEOfR.OR~ ) COUNTY OF IMMfC/oDEl IIlItn n. lhe ...,.,oigI..cI dlaItIy. peIIlIIWIy oppoenld ,....-.cI.... _....lI1o...-1IoIod "'""'" oroIl1olftio l'Ut OldClllllkl. IhII Aftiont. ..... being firoI by me duly .un, did _ or oIIIrm Ilot AFfIANT lIWClRN lO Hf(J 1I.scR1BEO..... mellll_ cloy 01 at ~ f'lMr:8lII1o 01_ "'lMgo __01-" My_,.," . ..~ STIoTE Of R.ORlOA I COUNTY Of IUMl-lWlEl WIll mt,lI1o ....oi,.llllll auflolIy. ......, ~ ,....-- ..AllidM...... """'""'..... _ oroI.....Io...IhI_ "AIIIIrC,whoboi1O IlrIIbyn d~_. dld_arolllrmNl AFFIANT _lO AND SUBSCl\I8ED _.... _cloy 01 2UlJ ~ f'IMr:_ oI_N.lMgo l'ltnIod_al!lolooy My_I... "I \..... Rue ~O, 02 12:03p p.3 , \ - . BUSINESS RELATIONSHIP AFFlDAVIT* ThIs MIdaYllis made pulSuantlo Se<<ioo 31-7t(b)(2)(Ii) of the City of Aventura land Development Code. The undel$lgnecllllflal\l hereby cf~, lhat (malt< with .X" eppllcab\e portlons only) MllIOt does Il2! have a BusIness Relatlonshlp with any member ofllle CIty COnvnIsslon or any City Advlsory Board to whlch lIle appIloaIion win, be presented. AlflaRt hereby disotoses lhal K does have a Business Re\atlons~ with a mQmber of the City Commission or a CiIy AdYlsoty Board 10 \IAl1ch the appIIoation win be presenled, as follows: ' Jeffrey Perlow (\.1st name 01 Commissioner or Advlsory Qoard Membe~ who serves on the City ('rmni ""ir'ln (l.ls1 City Convnisslon or CIty Advlsory Board upon \IAllch member serves), The nature 01 the Buskless Relationship Is as follows: III Member 01 City CommIssion or Board holds an owne~ kiter8$! kI excess 011 % 01 total assets or caplt.al s10ck 01 Appficant or Representative; II Ii. Member 01 City Commission or Board Is a partner, oo-sharehoIder (as 10 &hares 01 a corporation \'IhIQh are not isted on any nalional or regional slock exd1ange) or joint venturer with the Applicant or Represenla1lve In any buslnllSli venture; (lI: m, The Applicant or Represenlative Is a Client 01 a member oflhe City COmmission or Board or a ClIent of anothef professlonal wor1<lng trom the same offICe or for the same employer as lIle member of the City COnvnlsslon or Board; (1 iv, A City Commissioner or Board member Is a Client ollhe Applioant or Representative; II y, The Applicant or RepresenlaUve I:; a CUstomer ollhe member oIlhe City Commission or Board (or of his or her employer) and transacls more than $10,000,00 01 the business ollhe member 01 the CIty Commission or Board (or his or lIer empIoye~ In a given calendar year. ( 1 vi. The member of the City Commission or Board Is a CUstomer olllle AppI'lC8.Ilt or RepreeentaUve and transacls more than $25,000.00 oIlhe business 01 the ApPlicant or RepresenlaUve iI a given calendar year, WI1NESS MY HAND 1lllS +OAYOf Tv \'1 .20013. APPlICANT: By: ~~-:f~ (Signature) Name: Mr!r; n .1. r~rt"!i ~_~rr~ (PdnU Tllle: llH",..,.",l' 9-:. (ptfnQ ~ WtlNESSMY H"D ISLOP.YOC- '?_J,J", ,200~_ PROPERlY OWNER: ' ~ J \... (xl 2, ., By: Name' l1tIe' 1, <- [~~QtY1~LdE.j (llCG I ::r" e.... Ct~ /"('0' ~l.;jh{,c,(ulA. LU PrinQ i ,i ? 'The ferms 'Business Relationship,. 'CIIenl,' 'CUslomer,. .AppUcant,. "Reprvsentatlve. and 'Interested Person. are defUled In SeclIon 2-395 of the AvenfUl1l CIty Code. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, I City Manager TO: City Commission BY: Joanne Carr, AICP Planning Director DATE: August 17, 2003 SUBJECT: Request of Venaventura, LLC for Conditional Use Approval The Atrium at Aventura 3131 NE 188 Street, Aventura (06-CU-03) September 2, 2003 City Commission Meeting Agenda Item -.1..f RECOMMENDATION It is recommended that the City Commission approve the request for conditional use approval for The Atrium at Aventura development project, subject to the conditions outlined in this report. THE REQUEST The applicant, Venaventura, LLC, is requesting Conditional Use approval to permit the following uses for residential development known as The Atrium at Aventura on NE 188 Street: 1. A height of 11 stories or 135 feet for the residential building, 2. Architectural design standards other than the Mediterranean design features required by Section 31-143(g)(6)(a) of the City's Land Development Regulations. 3. A transfer of density on 1.216 acres from a parcel of land to be conveyed to the City for educational, recreational or cultural purposes. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Venaventura LLC APPLICANT Venaventura LLC ADDRESS OF PROPERTY 3131 NE 188 Street, Aventura (See Exhibit #2 for Location Plan and Exhibit #3 for Aerial Photograph) LEGAL DESCRIPTION Part of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida (See Exhibit #4 for complete legal description) SIZE OF PROPERTY Approximately 3.424 acres (2.728 acres upland, 0,696 acres submerged land) EXISTING ZONING RMF3B, Multi-Family Medium Density Residential District FUTURE LAND USE DESIGNATION Medium High Density Residential The Site - The subject site is located on the north side of NE 188 Street, immediately east of the Uptown Marina Lofts residential site. The Project - The applicant has submitted a site plan for development of 192 residential condominium units in an eleven story, 135 foot high towers connected by a one story lobby. Nine levels of residences sit on top of two levels of parking. Recreational amenities are situated on the north rooftop of the garage levels. A water promenade has been designed in accordance with the City's Promenade Specifications. Sidewalks are proposed along both east and west sides of the site to connect with the public sidewalk on NE 188 Street. A color rendering of the architectural design of the building is attached as Exhibit #5. The development parcel measures 4.314 acres, comprised of 2.728 acres upland and 1.586 acres of submerged lands. The applicant is further requesting a transfer of density from the land to be dedicated to the City on 1.216 acres. Total density permitted on 5.53 acres, at 35 dwelling units per acre, is 193 units. 192 units are proposed. 2 ANALYSIS Citizen Comments. The Community Development Department has received no written citizen comments about this application. Community Development Department Analysis - At its June 3, 2003 meeting, City Commission passed Ordinance No. 2003-08, which ordinance amended the RMF3B zoning district site development standards. Section 31-143(g) of the City's Land Development Regulations was amended to provide the following: "(9) Multifamily Medium Density Residential Districts (RMF3B). * * * (9) Bonus heiqht provisions. If the applicant for a development permit under this section 31-143(q) proposes to dedicate land to the City for educational. recreational or cultural municipal purposes. which land is acceptable to the City Commission. the City Commission may approve a bonus heiqht for any multifamily buildinq not to exceed a maximum of eleven stories or 135 feet. subiect to the provisions hereof. Where the Commission approves such bonus heiqht. the followinq standards shall apply: a. The development permit shall be considered a conditional use and the application shall be subiect to the conditional use requirements of Section 31-73. b. The minimum size of the dedicated land shall be 1.5 acres. c. At the discretion of the City Commission, the density otherwise available on the land to be dedicated may be transferred, and credit for acreaae in the dedicated land in the calculation of the lot coveraqe otherwise required may be 3 aranted, in whole or in part. to (1) the parcel that receives the conditional use approval or (2) any adiacent property that is located on the same side of the street as the applicant and that is bound to the applicant's site bv a declaration of restrictive covenant entered into between the properties. The restrictive covenant shall be made part of the conditional use approval. shall be in a form acceptable to the City Attorney, and shall be filed at the applicant's expense in the public records of Miami-Dade County. d. If multiple property owners propose to dedicate the same land to receive the heiaht bonus allowable pursuant to this section 31-143(0), then each property owner shall apply for conditional use approval and meet the criteria of this section. Multiple property owners may be elioible for such approyals only if they own adiacent properties located on the same side of the street: and the properties must be bound by a declaration of restrictiye covenant. made part of each conditional use approval. in a form acceptable to the City Attorney, and filed at the owners' expense in the public records of Miami-Dade County. e. The form of the conveyance shall be approved by the City Attorney. f. Minimum open space shall be 40 percent of the total lot 4 area. g. Anv structure parkinq servinq the primary use on the site shall be incorporated into the buildinq envelope and shall be compatiblv desiqned. Such parkinq structure shall complv with all minimum setback and buffer vard requirements and shall be counted in computinq buildinq heiqht. h. There shall be no maximum floor area ratio. i. As part of the conditional use approval. the Citv Commission mav approve architectural desiqn standards other than the Mediterranean desiqn features required under Section 31- 143(q)(6)a. of the Land Development Requlations. j. All other provisions of the Land Development Requlations shall applv." The applicant proposes to dedicate a parcel land measuring 1.56 acres to the City jointly with the landowner to the west and requests conditional use approval for increased height, transfer of density and an architectural design other than Mediterranean style. Criteria According to Section 31-73 of the City Code, an application for Conditional Use will be evaluated using the following criteria: (a) The proposed use shall be consistent with the comprehensive plan. The use is consistent with the City of Aventura Comprehensive Plan, which designates the future land use category for this site as Medium High Density Residential. (b) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance or operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. 5 (c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with the residential community character of the immediate neighborhood of the proposed use, The properties to the north, south, east and west are zoned for residential use. (d) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs. The applicant's engineer has confirmed in the letter attached as Exhibit #6 that utilities, roadway capacity, drainage and other necessary public facilities shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirements of the City's Land Development Regulations. The letter notes that sanitary sewer capacity will be available upon completion of a new regional pump station. (e) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the building is proposed by way of an entrance/exit drives at the east and west limits of the property onto NE 188 Street. The recent reconstruction of NE 188 Street by the City will accommodate all projected traffic for the proposed use. (f) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The properties to the north, south, east and west are zoned for residential use. (g) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The building has been designed to minimize visual impacts of an increased height. Two eleven story towers are connected by a two story lobby and entry that allows an open view between the towers. The street fac;:ade at the first three stories includes wooden louvers and tiered landscape planters. A tiered sidewalk leads from the public sidewalk on NE 188 Street to the lobby of the building. A water promenade is provided with connection to the promenade along the property to the west. Sidewalks along the east and west limits connect the promenade to the public sidewalk on NE 188 Street. 6 CONDITIONS It is recommended that the City Commission approve the request for the Conditional Use, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . "The Atrium at Aventura", Site/Roof Floor Plan, Sheet A-1, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 3/20/03, 6/25/03 and 7/19/03, signed and sealed 07/20/03. . 'The Atrium at Aventura", Level 1 - Ground Floor Plan, Sheet A-2, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Level 2 - Parking Floor Plan, Sheet A-3, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . 'The Atrium at Aventura", Deck Level- Third Floor Plan, Sheet A-4, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Level 3A - Deck 2nd Floor Plan, Sheet A-5, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Level 4 - Floor Plan, Sheet A-6, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Typical Floor Plan, Sheet A-7, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . 'The Atrium at Aventura", Penthouse Floor Plan, Sheet A-B, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Penthouse 2nd Floor Plan, Sheet A-9, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Exterior Elevations, Sheet A-10, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Exterior Elevations, Sheet A-11, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and sealed 07/20/03. . 'The Atrium at Aventura", Building Sections, Sheet A-12, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. 7 . "The Atrium at Aventura", Level 3, Enlarged Plan, Sheet A-13, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Deck 2nd Floor, Enlarged Plan, Sheet A-14, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Typ. Floor, Enlarged Plan, Sheet A-15, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Penthouse, Enlarged Plan, Sheet A-16, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. . ''The Atrium at Aventura", Penthouse, 2nd Floor Plan, Sheet A-17, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Landscape Plan Pool Deck, Sheet L-1, prepared by Rhett Roy Landscape Architecture, dated 06/26/03, revised 07111/03, signed and sealed 07/16/03. . "The Atrium at Aventura", Preliminary Planting, Lighting and Paving Schedules, Sheet L-2, prepared by Rhett Roy Landscape Architecture, dated 06/26/03, revised 07/11/03, signed and sealed 07/16/03. . "Atrium at Aventura", Land Title Survey, Sheet 1 of 2, prepared by Fortin Leavy Skiles Inc., dated 10/1/99, last revised 7/24/03, signed and sealed. . "Atrium at Aventura", Land Title Survey, Sheet 2 of 2, prepared by Fortin Leavy Skiles Inc., dated 10/1/99, last revised 7/24/03, signed and sealed. 2. Building permits shall be obtained within twelve (12) months of the date of this conditional use approval, failing which this approval shall be null and void unless extended by motion of the City Commission. 3. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. 4. Within sixty (60) days of the date of this approval, unless otherwise agreed to by the City Manager, the applicant shall: (i) dedicate to the City for educational, recreational or cultural municipal purposes, that parcel of land measuring 1.56 acres in size lying on the north side of NE 188 Street adjacent to the proposed Atrium residential development, as described in Exhibit A, in a form acceptable to the City Manager and City Attorney, (ii) provide to the City, a Declaration of Restrictive Covenants in Lieu of Unity of Title binding this property with the proposed Uptown Marina Lofts residential site, in form acceptable to the City Manager and the City Attorney and filed at the applicant's expense in the public records of Miami-Dade County. 8 ~~[[~~[~~ ATTORNEYS AT LAW 1~~~~I~ Clifford A. Schulman (305) 579.()613 Direct Fax: (305) 961,5613 E-Mail: schulmanC@gtlaw.com August 1,2003 Via Hand Deliverv Ms, Joann Carr Planning Director City of Aventura 19200 West Country Club Drive A ventura, Florida 33180 EXHIBIT #1 06-CU-03 Re: The Atrium at Aventura! Application for Conditional Use Approval! Letter ofIntent Dear Ms, Carr: On behalf of Venaventura, LLC, ("Venaventura") I respectfully submit this letter of intent as part of Vena ventura's public hearing application for Conditional Use Approval pursuant to Section 31-143(g)(9) of the A ventura Land Development Regulations, Venaventura proposes to develop a multifamily residential facility named "The Atrium at Aventura", consisting of 192 residential units in an eleven (II) story high building on approximately 3.42 net acres located at 3131 and 3161 N,E, 188th Street. Approval of this application would permit Venaventura to construct up to its currently proposed height of II stories in exchange for a dedication of land to the City of Aventura which will be utilized for the construction of a charter middle school. On June 3, 2003, the Aventura City Commission adopted Ordinance No, 2003-08 which amended Section 31-143(g) of the Aventura Land Development Regulations to read, in pertinent part , as follows: (g) Multifamily Medium Density Residential Districts (RMF3B) ""* (9) Bonus height provisions, If the applicant for a development permit under this section 31-143(g) proposes to dedicate land to the City for educational, recreational, or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may approve a bonus height for any multifamily building not to exceed a maximum of eleven stories or 135 feet, subject to the provisions hereof, Where the Commission approves such bonus height, the following standards shall apply: GREENBERG TEAURIC, P.A. 1221 BBICIt&LL AVENUE MIAMI, FLORIDA 33131 305-579.0500 FAX 305-579-0717 www'Ct1aw.com AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DENVER FORT LAUDERDALE Los ANGELES MIAMI NEW JERSEY NEW YORK ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON. D.C. WEST PALM BEACH WILMINCTON ZORICH August 1,2003 Page 2 a. The development permit shall be considered a conditional use and the application shall be subject to the conditional use requirements of Section 31- I 73, b. The minimum size of the dedicated land shall be 1.5 acres. c. At the discretion of the City Commission, the density otherwise available on the land to be dedicated may be transferred, and credit for acreage in the dedicated land in the calculation of lot coverage otherwise required may be granted, in whole or in part, to (I) the parcel that receives the conditional use approval... d. If multiple property owners propose to dedicate the same land to receive the height bonus allowable pursuant to this section 31.143(g), then each property owner shall apply for conditional use approval and meet the criteria of this section. Multiple property owners may be eligible for such approvals only if they own adjacent properties located on the same side of the street; and the properties must be bound by a declaration of restrictive covenants made part of each conditional use approval in a form acceptable to the City Attorney, and filed at the owner's expense in the public records of Miami-Dade County, ... f. Minimum open space shall be 40 percent of the total lot area, h, There shall be no maximum floor area ratio. 1. Ail part of the conditional use approval, the City Commission may approve architectural design standards other than the Mediterranean design features required under Section 31- 143(g)(6)a, of the Land Development Regulations. ... Venaventura along with Investura, LLC ("Investuran), the owner of the property adjacent to the westerly side of Vena ventura's property, propose to dedicate the land described in the attached Exhibit "An to the City of Aventura for the purpose of developing a charter middle school. The property proposed for dedication is 1.56 acres in size and is to the immediate west of the new Aventura elementary charter school. In exchange for the dedication of this land, Venaventura GREENBERG TRAURIG August 1,2003 Page 3 respectfully requests that the conditional use approval allow that its building be developed to a height of II stories, that credit for acreage in the dedicated land in the calculation of the lot coverage required be granted in whole, that no maximum floor area ratio limit be placed on the development, and that design standards other than the Mediterranean design features be approved, Investura's proposed development satisfies the other criteria of Section 31-143(g)(9) in that the open space provided is 53% of the total lot area, a declaration of restrictive covenants between the Investura and Venaventura properties has been proffered and is attached as Exhibit "B", and the conditional use criteria of Section 31-73 of the Aventura Land Development Regulations are satisfied as is fully explained below, Section 31-73(c) of the Aventura Land Development Regulations provides the following criteria for conditional use approvals: (I) The proposed use shall be consistent with the Comprehensive Plan; (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare; (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses IDRs; (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets; (6) The establishment of the conditional use shall not impede the development of the surrounding properties for uses permitted in the zoning district; and (7) The design of the proposed use shall mmUnlze adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria, GREENBERG TRAURIG August 1,2003 Page 4 Criteria (1),(3), and (6) outlined above are satisfied by the proposed development in that it will consist of a residential use which is consistent with the Comprehensive Plan and the increasingly residential nature of the surrounding neighborhood, and in no way impedes the development of surrounding properties for uses pennitted in the RMF3B zoning district. Criteria (2),(4),(5), and (7) are satisfied by the proposed development in that sufficient infrastructure capacity and ingress/egress to the property are or will be available, the physical and design characteristics of the proposed development will be reviewed and approved by Planning Department staff, and the increased height of the proposed building will not be detrimental or endanger the public health, safety, and general welfare. We respectfully submit that this application satisfies all applicable conditional use criteria, This application is an essential part of a proposal which will provide the City of A ventura the option to open a charter middle school for the benefit of its younger residents or to use the dedicated property for any other approved public use, Approval of this application would be a great step forward in providing further public amenities to Aventura families and in truly creating a "City of Excellence". We respectfully request your favorable consideration of this application and ask that you schedule it for the September 2, 2003, meeting of the Aventura City Commission, If you have any questions, or wish to discuss this matter further please contact me at 305-579-0613 or my Associate, Mario Garcia-Serra, at 305-579-0837, Thank you for your attention to this matter, S~jJ Clifford A. Schulman ---... cc: Mr, Enrique Feldman Mr, SaIni Shiro GREENBERG TRAURrG EXIllBIT "A" LEGAL DESCRIPTION Beginning at Northwest comer of East 1/2 of Northeast 1/4 of Southwest 1/4 South 1072,11 ft, East 1597.55 ft, North 312,98 ft. to centerline of can a! East 218.71 ft, South 310,18 ft. West 218,70 ft, to point of beginning subject to easement, all in Section 3, Township 52, Range 42, , .- EXHIBIT "F" This instrument was prepared by or under the supervision of: Name: Clifford A, Schulman, Esq, Address: 1221 Brickell Avenue Miami, FL 33131 (Space reserved for Clerk) COVENANT RUNNING WITH THE LAND IN LIEU OF UNITY OF TITLE KNOW ALL BY THESE PRESENTS that the undersigned (collectively, the "Owners") hereby make, declare and impose on the land herein described, the easements and covenant running with the title to the land, which shall be binding on the Owners, all heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, VENA VENTURA, L.L.C., a Florida limited liability company, holds the fee simple title to the land in the City of Aventura, Miami-Dade County, Florida, described in Exhibit "A" (the "Atrium Property"), attached hereto and made a part hereof; and WHEREAS, INVESTURA, LLC, a Florida limited liability company, holds the fee simple title to the land in the City of Aventura, Miami-Dade County, Florida, described in Exhibit "B" (the "Lofts Property"), attached hereto and made a part hereof; and WHEREAS, the Owners of the Atrium Property and the Lofts Property have sought conditional use approval of the City of A ventura to construct on their properties in accordance with site plans so that the properties can be separately sold and developed for the projects noted below, or any other future projects that may be approved by the City of A ventura; and WHEREAS, the Owners of the properties may wish to convey portions of that property from time to time, and may wish to offer units as condominiums or in fee simple; and WHEREAS, this instrument is executed in order to assure that the future multiple ownership will not violate the Zoning Code of the City of A ventura and to effect the release of the Covenants noted above. NOW THEREFORE, in consideration of the premises, Owners hereby collectively agree, for their individual properties and the totality of land encumbered hereby, as follows: I. The Atrium Property will be developed in conformity with the plans enumerated as part of the Conditional Use Approval for Venaventura, LLC and more specifically referenced in Site Plan Approval 06-CU-03, attached hereto and made a part hereof as Exhibit C. No modification shall be effected in said site plan without the written consent of the then owner(s) of the Atrium Property, as to changes specifically proposed for their Tract or Parcel or Lot, and the City Manager of the City of Aventura, and provided the City City Use Only Legal Verifled Covenant Running with the Land in Lieu of Unity of Title Page 2 Manager fmds that the modification is not a major modification and conforms with the standards established in the City of A ventura Land Development Regulations, and provided further, that should the City Manager withhold such approval, the then owner(s) of the Atrium Property, shall be permitted to seek such modification by application to modify the plan and/or covenant at public hearing before the City of Aventura City Commission. 2. The Lofts Property will be developed in conformity with the plans enumerated as part of the Conditional Use Approval for the Investura, LLC and more specifically referenced in Conditional Use Approval (OS-CU-03), attached hereto and made a part hereof as Exhibit D. No modification shall be effected in said site plan without the written consent of the then owner(s) of the Lofts Property, as to changes specifically proposed for their Tract or Parcel or Lot, and the City Manager of the City of Aventura, and provided the City Manager finds that the modification is not a major modification and conforms with the standards established in the City of Aventura Land Development Regulations, and provided further, that should the City Manager withhold such approval, the then owner(s) of the Lofts Property, shall be permitted to seek such modification by application to modify the plan and/or covenant at public hearing before the City of Aventura City Commission. 3. If either Property is developed in phases, each phase will be developed in accordance with the Site Plan Approvals except as otherwise modified. 4. In the event of multiple ownership subsequent to the Site Plan Approvals, each of the subsequent owners, mortgagees and other parties in interest of the Atrium and Lofts Properties shall be bound by the terms, provisions and conditions of this instrument. Owners further agree that they will not convey portions of the properties, other than individual condominium units, to other parties unless and until Owners and such other party or 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: (i) easements in the common area of each parcel for ingress to and egress from other parcels; (ii) easements in the common area of each parcel for the passage and parking of vehicles; (iii) easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) easements for access roads across the common area of each parcel to public and private roadways; City Use Only Legal Verilied Covenant Running with the Land in Lieu of Unity of Title Page 3 (v) easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; (vii) 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; (viii) easements on each parcel for attachment of buildings; (ix) easements on each such parcel for building overhangs, 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; (x) appropriate reservation of rights to grant easements to utility companies; (xi) appropriate reservation of rights to dedicate road rights-of-way and curb cuts; (xii) easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (xiii) 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 the like. The easement provisions or portions thereof, may be waived in writing by the City Manager, or his/her designee if they are not applicable to the subject applications, When executed, the Easement and Operating Agreement shall not be amended without the prior written approval of the Office of the City Attorney of the City of Aventura, Such Easement and Operating Agreement may contain such other provisions with respect to the operation, maintenance and development of the Atrium and Lofts Property as to which the parties thereto may agree or the City Manager may require, all to the end that although the properties may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the Site Plan Approvals and in a coordinated and unified manner. 5. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami-Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then owners of the properties, as to their affected property, and the City Manger acting for and on behalf of the City of A ventura, Florida, upon the demonstration" City Use Only Legal Verified Covenant Running with the Land in Lieu of Unity of Title Page 4 and affirmative finding that the same is no longer necessary to preserve and protect such property for the purposes herein intended. 6. The provisions of this instrument may be amended, modified or released by a written instrument executed by the then Owner or Owners of the affected Tract or Parcel, with joinders by all of their respective mortgagees, if any, and subject to the approval and consent of the City Manager or his or her successor. 7. Enforcement shall be by action against any parties or persons violating or attempting to violate any covenants contained herein. The prevailing patty to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable attorneys' fees. This enforcement provision shall be in addition to any other remedies available at law, in equity or both, 8. Invalidation of any of these covenants by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect. 9. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone 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. 10. In the event ofa violation of this Declaration, in addition to any other remedies available, the City of A ventura 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. II. This Declaration shall be recorded in the public records of Miami-Dade County at the Owners' expense. THE REMAINDER OF THIS PAGE IN INTENTIONALLY LEFT BLANK City Use Only Legal Verllled Covenant Running with the Land in Lieu of Unity of Title Page 5 ACCEPTED by the City of Aventura, this _ day of Approved: City Attorney STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ,2003, CITY OF A VENTURA BY: City Manager Attest: City Clerk (SEAL) ) :ss The foregoing instrument was acknowledged before me this _ day of , 2003, by Eric Soroka, City Manager for the City of Aventura" on behalf of said city, who is personally known to me or produced as identification, My Commission Expires: Sign: Witness (print Name) Print Name: Title: Serial No.: . a Florida Limitied Liability Coropopration. By: , President Print Name, Title City Use Only Legal Verified Coyenant Running with the Land in Lieu of Unity of Title Page 6 Sign: Witness (Print Name) STATE OF FLORIDA ) :ss COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this _ day of , 2003, by , the President of , on behalf of said corporation, who is personally known to me or produced as identification. Print Name: Title: Serial No.: My Commission Expires: , a Florida Limited Liability Corporation By: , President Print Name, Title Sign: Witness (print Name) Sign: Witness (Print Name) City Use Only Legal Verifled Covenant Running with the Land in Lieu of Unity of Title Page 7 STATE OF FLORIDA ) :ss COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this _ day of , 2003, by , the President of , on behalf of said corporation, who is personally known to me or produced as identification. 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CI rr1 g: ::J CD::J.~o5'- ::J ." 0 n .0'" ~.ii" ,g ~ s:",0s:12 cnttooO-1Ect 2.'8 5'[i)l~1I"'l g (t CD 0'0 ::J ~s:;~gs:12 ..ct .... ets"=, 3 " ,.,., U'I. .0 ct .....::J CD n 0 (;' g ~o ll, O:t n O' _:J .....rrOOct ell ii i:g~",~ ~ o ........,... ~ S~ ~... :..,g:" II 2 Z lIE a 2 -. " a. O! " " - :> .. 0. 0 FJ !l n 0 .. -"_.__.~...?","...". -~-.."?""~.,,,- , .."~~.,~_''''''',,,",'. .._~ ...,.....n ",. ~,".~-~- r m oX 0>:1: 1- om c- 1-1 8. CJ1 @ I () C I o c.> m >< :c - OJ - -i ** 01 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN STORY, 135 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANFER OF DENSITY ON 1.216 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3131 NE 188 STREET; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF3B, Multi-Family Medium Density Residential District and WHEREAS, the applicant, through Application No. 06-CU-03, has requested conditional use approval to permit an eleven story, 135 foot high residential building with an architectural design other than Mediterranean style and a transfer of density for 1.217 acres from land to be dedicated to the City in the Multi-Family Medium Density Residential District; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1, Application No. 06-CU-03 for conditional use approval to permit an eleven story, 135 foot high residential building with an architectural design other than Resolution No. 2003- Page 2 Mediterranean style and a transfer of density for 1.216 acres from land to be dedicated to the City of Aventura in the Multi-Family Medium Density Residential District on property located at 3131 NE 188 Street and legally described in Exhibit "A" to this resolution is hereby granted, subject to the conditions in Section 2. Section 2, The approvals granted in Section 1 above are subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . "The Atrium at Aventura", Site/Roof Floor Plan, Sheet A-1, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 3/20/03, 6/25/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Level 1 - Ground Floor Plan, Sheet A-2, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Level 2 - Parking Floor Plan, Sheet A-3, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Deck Level- Third Floor Plan, Sheet A-4, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Level 3A - Deck 2nd Floor Plan, Sheet A-5, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Level 4 - Floor Plan, Sheet A-6, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Typical Floor Plan, Sheet A-7, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Penthouse Floor Plan, Sheet A-8, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Penthouse 2nd Floor Plan, Sheet A-9, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and sealed 07/20/03. Resolution No. 2003- Page 3 · "The Atrium at Aventura", Exterior Elevations, Sheet A-10, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Exterior Elevations, Sheet A-11, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Building Sections, Sheet A-12, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Level 3, Enlarged Plan, Sheet A-13, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Deck 2nd Floor, Enlarged Plan, Sheet A-14, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Typ. Floor, Enlarged Plan, Sheet A-15, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Penthouse, Enlarged Plan, Sheet A-16, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. . "The Atrium at Aventura", Penthouse, 2nd Floor Plan, Sheet A-17, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Landscape Plan Pool Deck, Sheet L-1, prepared by Rhett Roy Landscape Architecture, dated 06/26/03, revised 07/11/03, signed and sealed 07/16/03. . "The Atrium at Aventura", Preliminary Planting, Lighting and Paving Schedules, Sheet L-2, prepared by Rhett Roy Landscape Architecture, dated 06/26/03, revised 07/11/03, signed and sealed 07/16/03. . "Atrium at Aventura", Land Title Survey, Sheet 1 of 2, prepared by Fortin Leavy Skiles Inc" dated 10/1/99, last revised 7/24/03, signed and sealed. . "Atrium at Aventura", Land Title Survey, Sheet 2 of 2, prepared by Fortin Leavy Skiles Inc., dated 10/1/99, last revised 7/24/03, signed and sealed. 2. Building permits shall be obtained within twelve (12) months of the date of this conditional use approval, failing which this approval shall be null and void unless extended by motion of the City Commission. 3. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. Resolution No. 2003- Page 4 4. Within sixty (60) days of the date of this approval, the applicant shall: (i) dedicate to the City for educational, recreational or cultural municipal purposes, that parcel of land measuring 1.56 acres in size lying on the north side of NE 188 Street adjacent to the proposed Atrium residential development, as described in Exhibit A, in a form acceptable to the City Manager and City Attorney. (ii) provide to the City, a Declaration of Restrictive Covenants in Lieu of Unity of Title binding this property with the proposed Uptown Marina Lofts residential site, in form acceptable to the City Manager and the City Attorney and filed at the applicant's expense in the public records of Miami-Dade County. Section 3, The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 4, Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Robert Diamond Commissioner Ken Cohen Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Resolution No. 2003- Page 5 PASSED AND ADOPTED this 2nd day of September, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2003. CITY CLERK WRIUM AT AVENTliRA EXHIBIT "A" l ~ i ! I I I I I I -0 III ~ ~ Z !a )> ! 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() t- 0.., =a::!O::l=.s: "'o:JnV'a:n ct _.eI,.... 0"":1 -:s (t 00 .......n-OOft CD o .....-_ 'o"'S:"Q 2 ~ ~ ~ n 0. .. 'T.~"~' _.,~~..',"_ ......~,.;___.........~_,..... "'...,.,......~...'..'N...-. -0 ~ "8> 2,"8 ga -0 g,,,, '<0 0.- =s: g.o CT", .. 0 o.c 09' '" 0" ='" o , IE 0 ~... ~ n - o' ~ SA -f o IE '" .. :T ~. tn '" r- m ~ c m (f) (') :D ~ o ;;;;: - g> c - _:T '" o ~ 10 " ... '" b' ]!I. o o 0. .. &> c '" ~ ." 0" ::!. 0. !' CT .. 5' 10 3 o ii .' ".., I'" ...'...... .i.~ . '\.""...~ APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71 (b)(2)(i) 01 the City of Ayentura land Oeyeloprnent Code. this Applicant Representative Affidayit is hereby made and submilled. The undersigned authorized representative of the individual or entity applying for lIle Development Permtt, which is identified in Ihe accompanying application, and Ihe owner of the property subject to the application (n different) hereby lists and identifies all persons representing Ihe individual or entity applying for Ihe Oeyelopment Permtt in connection with Ihe application. as follows: Name Relationship (i.e. Attorneys. An:httects, Landscape Arohilects, fngineelS, Lobbyists. fie.) Clifford A. Schulman Mario J. Garcia-Serra Attorney Attorney (AItach Additional Sheets K Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY, APPUCANTS AND AFFlANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC, 31-71(BK2KIV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE, WITNESS MY HAND THIS ,.It' DAY OF AUTHORIZED REPRESENTATIVE OF APPLICANT: BY.~~~~ (Signafure) Name:_I'i\I1.'",., ('YMC;f\- &(('1 (Prinf) Title: A+(,.,rltl',y Address: IDl~\ B('\c.~\\ Avt.. MilAN'll. Pt.. 3313/ , J'J1 , 200). -~~ By: ~ 'nate) . W Name: FAl1l.'f.Jt: F~LOM (Print) . TIl1e:-Atl(I"'~r'\,(s\t'k"~ Address:-Bd-JVN ~ t f) r{'. H:~04-(.G fL 3,001 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) l<,..__\QJ~ f taDfl4~ Po"'el..Jr Before me the undersigned authority personally appeared autho . presentative of the Applicant and/or lIle owner of the property subject to the application, who being first by me d Iy , did s ear r affirm that helshe executed this Affidavit for the purposes stated therein and that tt is true and correct. ,r J AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this~ day of ~ ~ "a~-:r.~:'H:.;;:~ GARY A. KORN t.fliYl, MY COMMISSION # cc 962878 %.1~,i!J EXPIRES: August 22, 2004 ;'L ",.P,f,.~'f..'" BondedTlwNotaryNllicl.lndelwrlltra Notary e of F Printed Name of Notary My oornmission expires: tI BUSINESS RELATIONSHIP AFFIDAVIT" This Affldaytt is made pursuant to Section 31-71 (b)(2)(ii) 01 the City of Ayentura land Deyelopment Code. The undersigned Affiant hereby discloses lhat (mark with 'x' applicable portions only) kJ 1. Affiant does not haye a Business Relationship wtth any member of the City Commission or any City AdYisory Board to which Ihe application will be presented. [ J 2. Affiant hereby discloses that tt does have a Business Relationship with a member of the City Commission or a City AdYisory Board to which the application will be presented, as follows: (List name 01 Commissioner or Advisory Board Member) who serves on Ihe (List City Commission or City Advisory Board upon which member serves). The nature of Ihe Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock 01 Applicant or Representative; [I ii. Member of City Commissioo or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer v.ith the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representatiye is a Client of a member of Ihe City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of Ihe City Commission or Board; [J iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [J Y. 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 lhan $10,000.00 of the business of the member of Ihe City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member ofllle City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25.000.00 of the business of lIle AppIican1 or Representative it a given calendar year, WlTNESSMYHANDTHIS 3/tr DAYOF ,r~ .2OOJ APPLICANT: By: ~~-i~ Name: Marin J. r.~;::n"("!ia-Serra Tille: /It-t-OrnRY Ii- WITNESS MY HAND THIS ~ DAY OF (Signature) (Print) (Print) ':;.)1 .20<4 (Signature) (Print) (Print) 'The lenns "Business Relationship,. "Client.. "Customer.. .Applicant.. .Representative. and "Interested Person. are defined in Section 2-395 of/he Aventura City Code. , - ~. WITNESS MY HAND THIS 31 DAY OF -:(\J{l/ ,2001 / REPRESENTATlV~ (lis~ on Business Relationship Affidavit) By: O.-lAl. ) ( '^' ture) By: (Signature V ~ (Print) Name:Cl i Hord Schulman Name: (Print) Tille: Attorney (Print) Tille: (Print) By: ~ ~'~Signature) By: (Signature ~io J. Garcia-~nt) Name: (Print) Tille: Attorney (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) NOTE: 1) Use duplicate sheets If disclosure Information lor Representative yarles 2) Applicants and Afflants are adylsed to timely supplement this AffldaYlt pursuant to See, 31.71(b)(2}(lv) of the City's Land Development Regulations In the CIty Code, In the eyent that prior to consideration of the application by the City Board or Commission, the Infonnatlon proYkled In the Affidavit becomes Incorrect or Incomplete, - STATE OF FLORIOA ) COUNTY OF MIMII'DADE) NOTARIZATION PROVISION Clifford A. Schulman Before me, the undersigned authority, personaly appeared the Alfla" helshe executed !his Allidavit lor the purposes slated !herein end !hel k is InJe and oorracl SWORN TO AND SUBSCRIBED belora me Ihis 3 I OF8CiAL N(}TARYSF.AL MiRfJAM REV NafARY PUBliC S'l'A'i'E OF F1.ORlDA COMMISSION NO, CC886BBI MYCOMMJSSION EXP. NQV, 9 STATE OF flORIDA ) COUNTY OF MIMII,DAOE) fiIsl by me duly sworn, did swear or alllll11!hel Prinled Name 01 NoCaIy Myc:om.11issioI18~ Mario J. Garcia-Serra Betore me, !he undersigned authority, pelllOl1llly appeared !he Afftant, who being fiIsl by me duly sworn, did swear or affirm !het heIsI1lIexecutod IhisAllidavltlorthepurposes__andlhalllslnJeendoorracl ~~_ Jt#-~ AFFIANT SWORN TO AND SUBSCRIBED before me !h1s31 da 01,11/1 OffICiAL N 'ARYSEAL MlRRJAi\4 REY NafARY PUllLlC STA'J'E OF FLORIDA COMMISSlON NO, CCB86884 MY COMMISSION EXP. NOV,9 STATE OF FLORIDA ) COUNTY OF MW.II-DADE) Before me, the undOfSigned authority, pelllOl1llly appeared heIsI1lI PIlCllled Ihis AIIidavIt lor the purposes slated therein end IhaIIIs InJe end oorracl SWORN TO AND SUBSCRIBED belore me Ihis _ day 01 STATE OF FLORIDA ) COUNTY OF 1.IIAIoI1-DADE) Betore me, !he undersigned authority, pelllOl1llUy _red heIsI1lIexecutod Ihis Allidavll lor the pwposes staled _ end thet lis InJe end oorracl SWORN TO AND SUBSCRIBED before me !his _ day 01 2OOJ~~~ NotaIy Pldllic Stata 01 Florida 11. LafllO Printed Name 01 Notary My~explres: the Aftian~ who being fiIsl by me duly sworn, did swear or affirm thet AFFIANT ~ NoCaIy PldlIc Stalo 01 Florida 11. laIge PrinIad Name 01 NoCaIy My~expios: the Afftant, who being fiIsl by me duly sworn, did swear or affirm thet AFFIANT .200) Notary Pldlic StaIB 01 Florida 11. laIge Printed Name 01 NoCaIy My 00lMlIssi0n elqlires: = ."~ .. . ' ! , -~ ....--....... APPLICANT REPRESENTATIVE AFFIDAvIT f'\nUlIlll. to Section 31-71(b){2){i) of \he City of Aven1u'B Land [)eyelopmel'II Code. tIjs Appicant RepresenIatiYe Alfiday\\ is hereby made and SlJlmilled. The IIldersigned lIlAhortzlld represerUIiY8 oflhe inctoIIOOaI or rity 8RJl'iing for lhe [)eyelopmel'II Penri~ which Is idErified in lhe IlCC(lI1'4l8llYng ~. and lhe owner oflhe property ~ to lhe IIlPteaIion Cd dfferentl hereby Iisls and identifies all persons representing lhe lnct.1dJa1 or entity awlYing lor lhe OeYeIopmert Pem1t In connecIion with lhe 8!lPfica1lolI. as follows: Name RelaUonship (1.0. A/lomO)'S. kchiIeds. lM1dsaJpo M;tiIeds. fngiM<<S.1JlbbIisfs, 9:.) ~t'\~ ~~ ~ ~\e.G:r (Attach AdcitionaI Sheets If Necessary) NOllCE:ANY STATEMENT OR REPRESENTAl10N MADE BY ANY PERSON USTED ON THE APPUCAHT REPRESENTATIVE AFADAVlT SHAL+ BE BINDING UPON THE INDMDUAl ~Nl1TY APPLYING FOR THE DEVELOPMENT pERMIT AND THE OWNER OF THE . CT PROPERTY, D s;ti Df\Y OF \l~--r-' 2001.- F APPlICANT() OWNER By: By: Mane: Tl1Ie: ~~~ Mane: TllIe: ~t;.\~1Ii{ MbsS:~ ~,~ a1.......i~ N.....1~oe t-\~1. ~\.... 7~\60 MbsS: ~ ~ B-.~~I9'r STATEOFA.ORlDA 1 COUNTY OF MIAMI-DADEl \K811U1horiZed representa1Ne oflhe near or affirm that helshe o'll-r1j:J",""2../l)n'3?s" "b> ./. SWORN TO AND SUBSCRIBED BEFORE ME ~.::fday of -- BUSINESS RELATIONSHIP AFRDAVrr* This AffidaYilIs made pursuant to Section 31-71(b)(2)(nl of the City of Avenlura Land Development Code. The oodersigned Affl8llt hereby discloses that (mark v.ith "t' applicable portions only) ~. Affl8llt does !!2! have a Business Relationship with any member 01 the City Commission or any City Advisory Board to which the application will be presented. [ J 2. Affl8llt hereby d'1SCloses that II does have a Business Relationship with a member 01 Ihe City Commission or a City Advisory Board \0 which the application will be presented. as follows: (List name of Commissioner or AdvIsory Board Membe~ who serves on the (List City Commission or City Advisory Board upon which member serves). By: Name: Title' The nature of the Business Relationship Is as follows: [ ) i. Member of City Commission or Board holds an ~ i1lerest i1 excess ofl % of total assets or capital &lock of AppfIC8l1l or Representative; [] ii. Member of City Commission or Board is a partner. oo-shareholder (as to shares of a oorporation which are nollisled on any national or regional stock exchange) or joint venturer with the Applicant or Representative i1 any business venture; [ ) iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a crl8t1t of another professional working from the same offICe or for the same employer as Ihe member of 1he City Commission or Board; [J iv. A City Commissioner or Board member Is a C1'18t11 of the Applicant or Representative; [J v. The Applicant or Representative is a Customer of the member ol1he City Commission or Board (or of his or her employe~ and transacts more than $10,000,00 of lIle business of the member of lIle City Commission or Board (or his or her employe~ i1 a given calendar year; ~ [ J vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25.000.00 olllle busi1ess 01 the AppI'IC8l1l or Representative i1 a given calendar year, S -2. '-f DAY 200J APP Signature) (Pdnt) lint) DAY OF r1-r2OO3 SIgnature) Prinf) (Print) "The ferms 'Business Relationship,. "CIienI,. "Cusforner.. .Applicanf,. "Represenfalive. and 'nterested Person. are de~n9f' in Seclion 2-395 of the Avenfura City Code, ~ j-/;;c If f j., b-"..:f fO <l.<Ld ?o.? :J1A NOTARIZATION PROVISION STATE Of I\.ORlllA I COUNTY Of MlNoIHlADEl ~ --' IItb9 me, .... uncfec>igned 1IllhoIly, pocsonaIy ~ lLi~ .-1- J c:Il~ #.Iliaft, who beilg fnl by me d<Ay cwom. diI owear 0< allim flat heIshe .....".,ltlisAlldaYll""....pUqIO..ula1ecl toe<elnondflatlls....lnll'coned. """,,&..O...O.J .~ ~ ~....:.,.... ~ 'fC4 3 .20 >S9~ I () '\ %' .Ir/.rf u'f SWORN TO 1J(l 200' " I > . STATE Of IUlRlDo'. I ,COUNTYOf~ IItb9 n, .... uncl....IIl".clllllholly, pocsonaIy __ he/aIlO t-*<l..... MiIa.tl "".... puIpOSe$lla1ecl........ ond flat ti SWORN TO 1J(l SUBSCRIBED <0 .... AIliaId, tdlo bH1g fnl by me d\q cwom. diI owear 0< allim flat STATEOfR.ORlDA I COUNTY Of I.IWolI-OMlEI IItb9 ..., ... uncfec>igned authorily, pocsonaIy __ he/aIlO .JlOCU1ecl..... MiIa.tl "" ... puq>ose$ $latecllle",1n ond flat lis .... ond coned. ... A/Iiant, tdlo bH1g fnl by me d\q cwom. d"ocl owear 0< allim flat AffWIT SWORN TO 1J(l SU8SCIllllED lleloce me..... _ dayol m. IloIIly Nlic lllIIe ol FIo<\la N.l.Il\IO _ NaIN oIllo11ly MyCOl,.,.IssIol:,.~ STATEOf R.ORIDA I COUNTY Of UIAMl-lWlEl IItb9 ..., lie UNleaIgc"'" 1IllhoIly, pocsonaIy __ he/aIlO .JlOCU1ecl..... MiIa.tl "" .... puq>ose$ $la1ecl........ ond flat lis .... ond coned. .... AIliaId, tdlo bH1g fnl by me d<Ay cwom. diI owear 0< allim flat AffWIT SWORN TO ANI> SUBSCRIBED belcxe me Ills _ clay 01 ,1005 . IloIIly Nlic lllIIe 01 FIo<\la N.l.Il\IO PdnIecI NaIN olllollly 1oIy............."'*""' ~... .... ....... ..........v ..,,~ ..."'...u............ ..............~.. ......... .-...................-.. ~-. ~un 26 03 10.54a p.2 . APPUCANT REPRESENTAnVE AFflDAVIT l'InuInllO SecIilnal-111l11C2lle 0I..~.......t..d Deu"lf I 11 Code. ..Aflpbnlftepl--.....MdaIlIs IMnllJ' IIIIlIt lid eo.......u. The ~.. auIIllItmf ~-"""''''tIe hlMbd or _1p/lI)tlg btle Del . ." Pennit. wIIQ Is 1dInIied" tie .. V..p.g ~.1Ild lie _"'Ile ~ Wljel;t Ie'" 8llll'<cdon (I dilmnQ Ilet.t>yliolo_ CIontilios III \llIl1OOS ~....lndividuaI or enIIIy ~ for... DewIopmord PttmltillXllllllCfioll wiIh lie lCl(Jbron.lIS folbws: Name ~~~6\1 L:.I\~C'~\) r J\~L\ut.'-u~ ~n..':'''~'\'l.\\. .." ..1l1ISfttI,..-....--.~ J. ~___c..-ftej L.. y~ ~.-c~~~ ~ (AIlIcIl AJI-<:tl III ShIlls I~ II lirA NOtICE: MY STATliIEH1' OR REFRISENrATlOf( IlADE IIY MY PERSoN umu ON 1ME APlIUCAIa fa --(lE1ITAllVE AFRDIt.'4rT SIWL Be IlIIIIG UPOIl THE IIaVllllW. OR EIImY APPLWG POR lHE oevB.OPIIENT PERm AND 1I1E 0WlER OF1lESU8JECr PROfat.. T. IJIIIUeAKIS AND AFFWCtS ARE ADVISED TO 1lIIEl.Y SUPPWll:Kr lllI$ AfR>A1ft1' PURSUANT 10 SEe. S1-?1l8ll'J(lV) OF THE aTY'$1NIl) lleVB.OPlIEMT REGUl.AlIOIlS If nE arv cotJE, IN 1IIE 6'ENr11tAT PRIOR TO~l1ON OF 11Ie APPUC4l1ON BY 11lE art lIOARD OR COMIllSSlON, l1lE INFOllIIAlIOH PROVIOED If lHE AFFIOAVIT BECOMIS IHCOIlIlEC1' OR lNCOIlPI.ETE. WITNESS MY HANDlliIS ~ DAYOF "'S u t\~ ~- ltIe: ~.... <;,..~~ ~'\\~ ~. I\~VJc. ~~ ~....- \.~"~~o..\t J ~k.: '3330 \ 8'rA11;OFR.OlW:IA I CCll.II1Y OF.... DADE) ,"**Il===:;:'~-==~~~~':''ao~;';~~ ~""4utt===-== """eI'* fllsAlldawl1Qr1lll ~ .........IId..... MlRIlIIllleCl. Br. Name: ~ . Uf"..b lJ? ,.J :... ~~ :N A~ ('O-+-1t-:- AY&'~ f14- ~L '5'3 l ~t> SWORN TO NfD *" :l.eo,3 ~.~ - --~ ...... Naaw 01 HatIIy. ". , IIyllll1llllll8lon . \ p~'\. "'^ NolIry PublIc - ... lJi/ Fb* 1IrCl....-., .....AICIM,lIllII Co..ml..Io~ . DD142331 IIandId By N_ NolIry AIM. Jun 26 03 10.55a """".1....... U~.UQ C~ ~u~OOUI~I. p.3 ~~~~....~y ~JJv.....~ .f) BUSINESS RELAnONSHlP AFADAVrr- 11W NIila'ik S II'IIde jUSUII\\ III Sedion 31.f1tb1lZ1(ij 01 tie Cil1 III .........1-' DuvelapmII1l CodI.. The lIIlIelllQlled ~ hecebf -toses tilt (madt... "X' IIIlJ1' .."".......Irifl 111, --1!!l1 ha... II...... ~ WlIIIIIII\' menw ollie Ciy COrM1lssIon or eny CIly AdoIlso'Y &aid to "'*" lie lIllPlicalicln.. be JIl_o1ed. ( )2. AIlierilheldlr"~ L_ "'does haw a IIuHlesa lIeleliooollolp wlIh 1lll8tllb8'IllIII CIly 0lInmissi0Il ora CiIr AdvIsclly lloan:t *' whiGlltJelppicallon fdI be Presenled.es IOIIOWS: (LIlt - III eo.4.__ ClI" hWeory 110IIII MemlItcl lObI _ an ... A1 CIIy Conw..lsall.1 or CIly MvEory 80anI upon w.tOcIl member MMs)- ~ The naIIn oI....1lusllwu ...."\l'~ q lies IaIows: lit (Ii. [)II. NemberlllCllyCIl""'Jwb" or lIaard \lQlllc In ~ tIlerut. _ al 1% 0111*1.... Of CIpIII--.,..-.. - ",,4<<~_6dh.r; NeIlIIlIt 01 cay Co.......... or IIoanII5 & ... CllHbaIIhaldIr (at III .,.. aI a llllIp\........, wllilh... ftIlllillBd ClIlIllJ I1IlIanaI or IIgianIIIb:k w...,.;j Of: jltll1lllUWwIIIJ lie AppIicIu1l or ~-,,~~llIIIIIn; The ApplicW ar Repc--.1s a CIienI oil memllerOlIle ClItCalmllsslol. or 110IIII or a Clieat 01_..' . .., ~ fram lie came OIIioaarlarlle -1IlllI1oret as ""..-GlIle ~Ootl.J. 'J .orBaanl: A Cly Com.,~.er or 1loaRl-w Is I ClIenlOllhe ~ or Af4XI!SfIIlallw: TheAjlplicantar~ ill a Cus'oomefallhll ~alIlIClIto......bA.. ar lloIrlI(arOl lIIIar ....1l\lIIIO)oel) lInd ,..-oil...... __$Io.ooa.ooal... b.....OIIle llltIllbetOlIle CIty ConInl5$lon or lIaard (or Ills or her ~ i1a g1vIn caIandar ~ (I ~ lilt IIIIImIIer 1If lie ClIy COIll/l1' ..... or lloaRlls a 0IsIDmI! ollie ~ cc f\epfesenlaljwelllCl .. -.... hln S25.COD.IXl at .... llusn!ss Ollie Apjlbnl or fleplllSene.li.. il a gNon ClI!elIdIrWW. WI1NEllSMYHAND'MS~OAYOF ~"...R "':1.003. lilY. Ilv. N'l'l..ICAHf: ~ :-J TtIS ZQ. DAY OF "S"... Nil. Br. ~;I.oo.3 # 0Jlle ..... 'Vl,,~ R . II nst+..1:lianC.''''' "I ._;" ~. "ep._UIloI" .wi 'IUIl.W f'eI$GlI' 8tlI deIineU' il SeclbtNS5IllIleAM!naQ CIy~ ...U'..I....... U~....U j..'1....l. ..J...~QU...,..'.. .Jun 26 03 10:55. p.5 WlTNE&SMYIWIll Tt1!S3..!2..DAYOF -:s' ""....Q. 3lO4. d-oo..3 Sf; ~ By: Hame:"t.\..o.\+ & .R.i IPlilfj Natne: na.: ~'t"f' So ,L.,. "'"' /Fri1IJ TlIIo: By: ~ By: NanIa: /PmIJ Namo; - TIle; (PtrW} ~ IIr- ~ By; NaInIl: (PIiIU NalIllI: TIle; fPrWJ llIle: By. (~ By; NImr. IPmI) N8me: TIle: (Print) llIe- By; tSignl/lXe] By: MIlne- tPttlq Nam8: l1Ife; /PIWJ ,.., Br. ~ By. ..-. /I'ItIO Name: 11IlE II'lt1lI "*' (SClna1Lll! (PIirrO (PJilIJ ~ {PrtIQ (FIWJ /StlrIIIIft p:mo /FliJO /StInobe IPmQ (Pm) ~ (PMIJ (PrtW} --- IPItIlI lAW) IlO1E: 1) \lie dupl'-'IIheel$Ui . JlUN .............. for Rep......1iVll Wllta II Apf"l; I 1M and AIImIs...... tIlllllely IIIPP..IlInI.... AIIIdaIt punamt to See.. al.71(l1I(al(1v) llf Ihe ClIr'a~Oe. 'l. oR.... I IIl...CllrCodo, III 1he-.tIllllIlllorIDDDIlIfU. hClortbe~ "''''CilyllolrdarCaJU: . Il....Wml - JIlPl"O'1MlntleAlndlwlt. fl...~I..aDl'lIloemp_. VV'." v... v~.vo ~~ ~U~OOO'.'. .,)~an.c 4..n.V .n.""''''''V~4.."I. ....v. ~un 26 03 10:558 p.4 aTA11EClF"- , ClDUNl'YClFWII DADeJ ... ..... .. f.... .-....w,--'f__ ~\l.. G.. (\,.'L III Mull. *'... fIlt.., III ~_IliI_. _.... --'*-"-"'____""'10"'__ ~ -' _.~.C)CI 3 NOTAAlZAllON PAOVISIQH. :;l-o I' <0 S'r~tECIF~ I ..couNn'CF..... OM>>ll ... ..... lai ,. "Mt...................... --..--..---.....,,...--- ... -.-........,. ..---.-... - SWOIWlONDD-.-w;r ......I'liI_.... 1IlOI. __""'_II_Al~ .....,---, 1Ir" .40 ITAttClF ftDNllO. , CCII.Ift'YOf'el~"OIIDEI ...... ... .... . '- . ......,.......-- --..-"'...---......,.....-- ...-. -.......,.. ._lfilI_......... - 8WOllN1011fC1 I' 11Ioo .......-... IDt. ""-"._lIIlal111 -_II"'" IIr .' ITllt'EClFIl.CAIlII. I CllMITTCIl'Io1111n IllIDIl --,.. . - .-..-,.......,.- ----......---.....,..""...- ...-.-.......,..__. -..-- -.- _to_...-. -....-... 1IlOI, . ""_"._Al~ ....-..... lilt L -41- .Jun 26 03 10:S~" p.2 . APPUCANT REPRESENTAllVEAFADAVIT P\nuant b Secli>n 31.7IlbK2l(il 01... c.y 0( "......u"lM'tl1lovelopmer( Code, Ila ~ Rc_ltdM AIImvi! Is h<Imy m8lIe Inllll.tlmillecl. The 1I1Oe<.......s lIUt'al2M ~ 0( 110 tdm.IiII or erQy ~ tel'... ~ Pemil, >d1C1 is i:len1l1cd n'" ~ '~""', and'" _ 0( "" ~ Slb)octIO Ille ~ Ii! cf;ftefMQ he<'ebylists and O:nifes aIll*'S<m reprI!S<flfug ... h:lM:lu3loc eRIi:y awty;r.g lor the ~ P9nnll'l ~.....ti.. will11he apf:f;z:af<l<\, as /oIbws; Name Rdallcrl;hp~.."",,,-~,- ~~'-f>:J C \..J.r:- Z-e\'V\e \ "EV\~V\ €e"S C 1'-1 \ \ E\/~j '1./\ '€~ (AIlad\ ~ Sl1eels ff Ho.:=aly) H07lCl::: AN'( STATalaIT OR REPRESEmAn)H JU.OE BY AH'( PmSOH USTED 011 lllE APPUCANT l\fl'R::SalTA.llVE ~VlT SlW..L BE IllHD:NG UPOO THE IHllMI:JUJ.L OR emrr APPlYlt.'G FOR THE DEV8.DPIilENT PEIlIllT AJID lllE OWHE:R OF lllE SUaJECT PRClI'ERlY. APPLJC.UnS AND A.FfU.1{TS ME AOYlSEll TO nl.lE!..Y SUPPLEIoIEWTTlllS AFAoAVlT PURSUANT TO SEe. ~1-71(BK2m'l OF THE OTY'S lAAo OEVa.OPI.l8lT REGUlA'IlO!lS IN THE OTY CODE, IN THE EVBO'THAT PIllOO TO COffSIDEllAilON OF THE APPUCATIOH BY Ti'.E CITY 80AAD OR C01!!lISSION, "THE lNI'ORMAllOlI PROVIDED III "THE "FFlDAV1T BECOMES IlICOAAECT OR IHCOllPLErE. Wlll/ESS MY IlAND THIS _ OAY OF N (S91iwreJ ~c:<.-\L.; ~V\\-C \ UIIl: ..ll..ssC!>~k ~ lo N"-I 4-L..6..v-e .,u. ZCeo l'A.\/l..I.u.\ ':> 't"L ~'3.\'2-b. STATE OF F\.OAlO,\ I COt.MY OF MW.I(-l)A()E1 Ileboe... ... ...o...ivoold I'AI'oty ~ _~... /If ~ .. l>ellUlhorlD:<l '.p_ ollhe ~ an:lIor the - 01 .... prQpetty Ilbjed b !he app5catm, 'll1>o bEing Ii"i1 bj' me ctJly swam. If,d GV/W '" :a.fun lhal hc/$hc ~edIllIsAlltla\'lllorllopuposesS1lll8(l~enal!1t1lis!lue""':Orroc:t. ~~ ~Ct4.\~l LE'tu@,l AFRANT . 6WORNTO~GUBSCMlEDBEFOREIdElhls.1?daYol;:1..#~ UlV'~_..... _ ~ . ry PIAM: G1Ilte 01 FlQrido "11....11.;':_ AJ PmtedNa.....clNcr.lJ)'.:7~ ~" t.lyClllM\lW)n~~ y Za:>"" By: fL- 33180 ~un 26 03 10:5511 p.3 . BUSINESS RELATIONSHIP AFADAV~ lIB _1I1l11de pnuIlll to ~ at-ntbl~ III the CIlycl Alooenkq Und !lr-v:p'Nl'll Coda. The undelCigned Manl hen!by discIclses tilt. {marhilh"lt' ....... "'" jlaIUB cnn Ill. AIfionI does IS hi.. alluonea 1Ie~ wlIIIlnY memllIt 01 .... av CamrnIsslolI OC IIl1Y car Mvisary Boald t> whi:f1fl8 "Pll"Ca1ion wi be~. ~...,. . = I hi.......... a EkDiless ~ wiIIIall\llnl8'lJi/'" carCannission or a City NMoory8all'll to WhIclt the ~\lo!l vriII be .....,.ed, iii toIows: ( )2. (UcI....... 01 Colt..' ',w or ~ IloaftI .........1\ wllo _... fl8 (list CiIy CammiselOn or Cilr MviIory lIoIIII l4'O" WhIclt mn.er ." 1eMG). The _ at fle BusMli$1IeIallanship Is iii laIaws: ilL lIi. 1111. (Jiv. IIv. II vi. ....... 01 CIv 0armiI$I0n or BoInI haIda 1Il1-.llip -.-a " _oily' GI toIII UIllIs or c:aplal1Ioek of ~ar Ro,.....1lIIMi; NelIiIer 01 CIllt ec....~ OC bnIl1: a ...... ~ {ac III __ ... . ClllIJllnIIan whi:f1 ...1Wlt IIIed CII'I"" nalbnal ar 1agicml1IoCt.~ or Ji*It..,...". wiIh lie ~ or ~.t4.'.lIIlJlMilIos~ The AppIicanl Of l\e~ is a Client 01 a member cllle CIy CommIsslon or IloanI or . Client of onolhor"""_ ~.............lllIice or.... lie...... ~ as .... mlmber GIllie Qty Col... :........, or 8o&rct; A Cilr ea.,. ,.......... or lIoIIIIlMlIlber is . Client of.... Ajlpic:8nI or RepresMllCivo: n. 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P"-'r~_ _"0 ~~..~IDrIMIJUIIII;IM:5....IwIN_'*.....In:ICDNct. ...-. -1IIrv ~ llf.......,.-.dd _Olllli.. twI - SWOII(lONG".~~.....N..__'...~\ 2IlIJt. 5tmOf~ I ClCMCTYOf1M1 DIIDEl ........ .. .......- ..,...,. ................. --...-.....---.....,........-. ___._IlILal9o --.- "'~W:a."..' ...-.-.... ........., -.... _ow __... -.- _TONe ......,.,.,...._.....__. -- -,..-_II_jjlMlt --..- .., - A~ . ~ MINUTES CITY COMMISSION MEETING JULY 1, 2003 6 PM (following LPA meeting) Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1, CALL TO ORDER/ROLL CALL: The meeting was called to order at 8:00 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners lev Auerbach, Jay R. Beskin, Ken Cohen, Bob Diamond, Harry Holzberg, Vice Mayor Manny Grossman, Mayor Perlow, City Manager Eric M. Soroka, and City Attorney David M. Wolpin. City Clerk Teresa M. Soroka was absent. As a quorum was determined to be present, the meeting commenced. 2, PLEDGE OF ALLEGIANCE 3, ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34. All witnesses giving testimony in these hearings were sworn in by Assistant City Attorney Nancy Stroud. A, At the neighborhood's request and without objection by applicant, 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 September 2,2003 was offered by Commissioner Cohen, seconded by Commissioner Diamond and unanimously passed. B, Mr. Wolpin read the following resolution by title: 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', 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 2.5', 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, A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Holzberg. Joanne Carr, Planning Director, explained the request of the applicant and entered the staff report into the record. Mayor Perlow opened the public hearing. The following individual addressed the Commission: Alan Rosenthal, Esq., representing the applicant. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed to provide the following: a) prior to issuance of a building permit, applicant to provide a signed lease with FEC to construct additional parking spaces to the west of the railway tracks to accommodate employee parking; b) applicant to prepare and record a covenant restricting uses on subject site to those requiring a parking ratio of not more than one space for each 250 sq. ft. of building area; and c) provide copy of annual FEC lease to Community Development Department. The motion for approval, as amended, passed unanimously and Resolution No, 2003-52 was adopted. 4, AGENDA: Request for Deletions/Emergency Additions: None. 5, SPECIAL PRESENTATIONS: Certificate of Appointment was presented to Billy Joel as a new member of the Community Services Advisory Board. 6. CONSENT AGENDA: Commissioner Beskin requested removal of items 6A and 6B from the Consent Agenda. A. A motion to approve the minutes of the May 6, 2003 Commission Meeting, May 20, 2003 Special Meeting, and May 20, 2003 Workshop Meeting was offered by Commissioner Cohen and seconded by Commissioner Diamond. Commissioner Beskin questioned the consensus as to the November 20, 2003 date in item 2 of the June 19, 2003 Workshop Meeting, as this was not his understanding. City Manager and Mayor confirmed the minutes correctly reflected the consensus of the Commission. The motion for approval passed unanimously. C, Mr. Wolpin read the following resolution by title: 2 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, A motion for approval was offered by Commissioner Diamond and seconded by Commissioner Cohen. Commissioner Beskin moved to delete funding for the middle school in the 2005/2006 CIP. Motion died for lack of second. The motion for approval passed unanimously and Resolution No, 2003-53 was adopted. 7, ORDINANCES - FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following ordinances by title: A, 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, A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Commissioner Diamond and seconded by Commissioner Grossman. Mayor Perlow opened the public hearing. There being no speakers the public hearing was closed. The motion for approval passed unanimously, by roll call vote. B, 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 3 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Commissioner Grossman 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 unanimously, by roll call vote. 8, PUBLIC HEARING: ORDINANCES - SECOND READING: None. 9. RESOLUTIONS: None. 10. OTHER BUSINESS: None. 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 8:44 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. 4 A'!he Qty ci .n.ventura . MINUTES COMMISSION MEETING JULY 17, 2003 10:00 AM Aventura Govemment Center 19200 W. Country Club Drive Aventura, Florida 33180 1, CALL TO ORDER/ROLL CALL. The meeting was called to order at 10:00 a.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 Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2, OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka gave a powerpoint presentation showing an overview of the financial performance of the City over the last seven years. He then reviewed the proposed 2003/04 budget document, as follows: A, GENERAL FUND, including Revenues, General Government Departments (City Commission, City Manager, Finance Support Services, Legal, City Clerk), Public Safety Department, Community Development Department, Community Services Department, Non-Departmental and Capital Outlay. A motion for approval of the General Fund Budget Revenues was offered by Commissioner Diamond, seconded by Vice Mayor Grossman and unanimously passed. A motion was offered by Commissioner Cohen and seconded by Commissioner Holzberg to amend the City Commission budget by increasing Legislative Expenses to $700 per Commissioner for 2003-2004 and each fiscal year thereafter to be increased annually in accordance with COLA increase given to City employees. The motion passed, 6-1, with Commissioner Diamond voting no. A motion to approve the City Commission budget, as amended, was offered by Commissioner Cohen, seconded by Vice Mayor Grossman and unanimously passed. A motion to approve the City Manager budget was offered by Commissioner Holzberg, seconded by Commissioner Cohen and unanimously passed. A motion to approve the Finance Support Services budget was offered by Commissioner Diamond, seconded by Commissioner Cohen, and unanimously passed. A motion to approve the Legal Department budget was offered by Commissioner Holzberg, seconded by Commissioner Diamond, and unanimously passed. A motion to approve the City Clerk budget was offered by Commissioner Cohen, seconded by Vice Mayor Grossman, and unanimously passed. A motion to approve the Public Safety budget was offered by Commissioner HOlzberg, seconded by Commissioner Cohen and unanimously passed. A motion to approve the Community Development Department budget was offered by Vice Mayor Grossman, seconded by Commissioner Diamond, and unanimously passed. A motion to approve the Community Services Department budget was offered by Commissioner Cohen, seconded by Commissioner Diamond, and unanimously passed. A motion to approve the Non-Departmental budget was offered by Commissioner Cohen, seconded by Commissioner Diamond, and unanimously passed. A motion to approve the Capital Outlay budget was offered by Commissioner Cohen, seconded by Commissioner Holzberg, and unanimously passed. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE RATE FOR THE 2003/04 FISCAL YEAR; PROVIDING FOR THE DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUGET; AND PROVIDING FOR AN EFFECTIVE DATE, A motion for approval of the resolution, which establishes a millage rate for the 2003/04 fiscal year of 2.227 per $1,000 of taxable assessed value, was offered by Commissioner Holzberg, seconded by Commissioner Cohen, unanimously passed and Resolution No, 2003-54 was adopted. Mr. Soroka announced the first budget public hearing for September 4, 2003 at 6 p,m. C, POLICE EDUCATION FUND: A motion for approval was offered by Commissioner Holzberg, seconded by Commissioner Cohen, and unanimously passed. D. STREET MAINTENANCE FUND: A motion for approval was offered by Commissioner Cohen, seconded by Commissioner Diamond, and unanimously passed. 2 E, POLICE CAPITAL OUTLAY IMPACT FEE FUND: A motion for approval was offered by Commissioner HOlzberg, seconded by Commissioner Cohen, and unanimously passed. F. PARK DEVELOPMENT FUND: A motion for approval was offered by Commissioner Cohen, seconded by Commissioner Holzberg, and unanimously passed. G, DEBT SERVICE FUND: A motion for approval was offered by Commissioner Beskin, seconded by Commissioner Cohen, and unanimously passed. H, CAPITAL CONSTRUCTION FUND: A motion for approval was offered by Commissioner Cohen, seconded by Commissioner Holzberg, and unanimously passed. I, STORMWATER UTILITY FUND: A motion for approval was offered by Commissioner Cohen, seconded by Commissioner Holzberg, and unanimously passed. J. POLICE OFF-DUTY SERVICES FUND: A motion for approval was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed. The Commission recessed for 10 minutes at this time. 3, RESOLUTION: A, Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AGREEMENT BETWEEN THE CITY AND FLORIDA POWER AND LIGHT ("FPL") CONCERNING PENDING RELOCATION OF FPL FACILITIES TO CITY RIGHT OF WAY AND ANY POTENTIAL FUTURE RELOCATION OF FPL FACILITIES FROM CITY RIGHT OF WAY LOCATED AT THE LOEHMANN'S FASHION ISLAND AND APPROVING AND ACCEPTING RELATED DECLARATION OF RESTRICTIONS BY THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, SO AS TO FACILITATE FPL UTILITY RELOCATION WHICH IS NECESSARY TO THE DEVELOPMENT OF THE TOWN CENTER PURSUANT TO RESOLUTION NO, 2002-46; PROVIDING FOR EFFECTIVE DATE. 3 A motion for approval was offered by Commissioner Cohen and seconded by Vice Mayor Grossman. Clifford Schulman, Esq., and Ashley Bosch, representing The Related Group of Florida, addressed the Commission. The motion for approval passed unanimously and Resolution No. 2003-55 was adopted. 4. ADJOURNMENT: After motion made, seconded and unanimously passed, the meeting adjourned at 12:15 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4 A~ . MINUTES COMMISSION WORKSHOP MEETING JULY 17, 2003 Following 10 a.m. Budget Review Meeting Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 The meeting was called to order at 12:20 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 Attorneys Richard Jay Weiss and Steven W. Zelkowitz. As a quorum was determined to be present, the meeting commenced. 1. AGREEMENT TO PURCHASE GULFSTREAM PROPERTY: Mr. Soroka updated the Commission on proposed purchase of six acres of Gulfstream property which is anticipated to be presented to Commission for formal discussion at the September Commission meeting. CITY MANAGER SUMMARY: No action necessary. 2. FOUNDERS DAY ACTIVITIES: Robert M. Sherman, Community Services Director, discussed proposed activities. CITY MANAGER'S SUMMARY: Consensus to proceed as presented. 3, FORMER COMMISSIONER RECOGNITION: (Commissioner Diamond) Commissioner Diamond suggested an historical pictorial record of Commissioners who have served the City. He suggested that a Commission photograph be taken every 2 years for the City's record and for display. CITY MANAGER'S SUMMARY: Consensus to proceed. 4, AVENTURA NICE: (Commissioner Diamond) Commissioner Diamond reported on his meeting with Aventura Marketing Council to set up this program which would honor City businesses. He suggested a Committee of six (3 from Marketing Council and 3 representing City) to set forth criteria, method of presentation, etc. CITY MANAGER'S SUMMARY: Consensus not to proceed. Mr. Soroka requested input from Commission as to the names for the plaque for the Charter School dedication. Consensus that names be of sitting Commission at time of dedication. 4, 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 1 :30 p.m. Approved by the Commission on Teresa M. Soroka, CMC, City Clerk ,2003. 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. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: TO: FROM: SUBJECT: Traffic Control Jurisdiction Agreement - Villa Dorada Condominium Association, Inc. September 2, 2003 City Commission Meeting Agenda Item 6-B RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Villa Dorada Condominium Association, Inc. to provide traffic control jurisdiction by our Police Department over the private roads within the condominium. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND In our continued efforts to provide improved police services to the community, we have initiated a program that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner $25.00 per hour for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01233-03 RESOLUTION NO, 2003-_ 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 VILLA DORADA 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Traffic Control Jurisdiction Agreement between Villa Dorada Condominium Association, Inc. and the City of Aventura. Section 2, The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner _, who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner 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 2 PASSED AND ADOPTED this 2nd day of September, 2003. ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY JEFFREY M. PERLOW, MAYOR TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this _day of .200_, by and between V\..\..~ '"PO~Prt:>p. COI\JJ>t'I-l/u\t.lM ASSOClfTi/OP,ljJC:) , (the "Owner") and the City of Aventura, Florida, a Florida municipal 90rporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: ;;. iC. E v"l JT A6 It EJ:> of Dade County, Florida, and commonly known as (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private . Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/IOO Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads, except only that the City shall enforce the speed limit established by Owner, in Owner's sole discretion, for the Private Roads, which speed limit Owner shall post along the Private Roads by appropriate signage. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall 2 be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. (e) Nothing in this Agreement shall require, authorize or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate City for the services performed by the City under this Agreement at the rate indicated on Exhibit "8" attached hereto, so as to assure full reimbursement for costs incurred by City, as determined by City, on the 15th day of each month for service provided in the prior month, upon invoice from City. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. Except as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to pay the City any compensation for performing police services pursuant to this Agreement. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liabilitv Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof, and shall thereafter automatically continue for successive one (1) year terms, unless terminated by either 3 party upon written notice to the other party given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Aqreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and 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. 7. Governinq Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Dade County, Florida. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. 4 Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and shall provide for 30 days prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. led and delivered nce of: a/)t.() OWNER: VIL.L.PI 1:;>"1':"'90'1 e..(JN1>C>A'" I "11 (7.ssoc,'''''lltJ,I'''<:'', . ~..d ~bd= '!UI..IE ~,z:s.RAEiH- "PRes,1>e IJT CITY OF AVENTURA, a Florida Municipal corporation ATTEST: By Teresa M. Soroka, CMC/ME City Clerk Eric M. Soroka City Manager Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol Aventura Police Officers in marked police vehicles or motorcycles will patrol the private roads of the V\L..L.v'j ~DI'?A-pA COf\JP>o 1'7550, :LtJC.on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner $25.00 per hour for each officer required to perform the requested traffic enforcement detail. 7 ~ . - r ~[809S '>(!906 EX:IlI!lI"r 1 UQ.L Dr:~IP'I'IO" or CONDOMINIUM PROPERTY POR VILIJ. DOIt.ADA COIIDOIUMItlM 110. ~-if " A Trlct of laM lyi"" in Tract.,". roeJltT1I AIlOn'IOI/, alSCAr.E TAClrT AJCD COUln'llT C1.U!I, .. recordet 1.Il Plat ~ '2 It Pa98 ., of the ~l1c ""orda of c.de Couftty. nodeS., -.ore pen.i""larly deacr1becl .. tollows. c-Dee a, tbe Iouthweat ooraar of tAe .... 1/4 of the I... 1/4 ot '..at!... 34. TOWftal\1p 51 _u., ...... ,~ ..at, Dad. OooIDt7, PlorieS.1 tbe..,. . ).11'0'" . &loot tba "'t Ita. of tAe .aid a.l. 1/4 for 13.10 feet, .- rei . "'l"~'. . for 351.0% f.-t to ~ ~iat of .......... of ~id .-.at of a_II~"'" a oonti_ . ".u'n" . for 141.00 f., , th - I %.40'32" . tor %5'." feet. ~ . ",~,,%,. . tor lU.to t_t, .--- . %.'0'3%" . %51." f~ tIo tba "Pout of h9ian1J>c;." 'i,' '-'. .:; ~. ~. ;U 8481 d243 EXHIBIT 1 --. LEG~ DESCRIPTION OP CONDOMINIUM PROPERTY FOR VILLA DO~ CONDOMINIUM NO.1 , A Tract of land lying in Tract "5. of the FOURTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB as recorded in Plat Book 92 at Page 86 of the Public Recorda of Dade County, Florida lIlort: particularly described as follows:l Ccmmence at the S.W. corner of the N.W. 1/. of the S.E: 1/. of Section 3., Township 51 South, Range .2 East, Dade County, Florida; thence 53. 17' 07" E. along the West boundary of said Tract "5. and its Northerly extension for 130..0 feet; thence N86. 42' 53" E. for 49.00 feet to the "Point of Beginning" of said Tract of land; thence continue N86. 42' 53" E. 260.79 feet, thence 52. 40' 32" E. 1.1.01 feet; thence 586. 42' 53" W. 259.29 feet; thence N3" 17' 07" w. 141.00 feet to the "Point of Beginning"". Jul-OI-2001 IO:41am 'A~ORD"": T-9,6 P002/002 F-OIO ;;.omE- R~I F'I'C'A' TE""" eCI'N' .S.U.....a;'A'N"~",...,C.. ,.~E.!;"~t:,)fr:I:;.r-:;:.,::::""\.:;,i:;::,<:"'l.lrr,;~;~':1;'if:!::i7.:"'r";~~::} ...~' ",~I.~~"'"'' ''''~r,:' 'f'\.:R.' l'~"\' '\~"'"",,'h)'-',"'" .,. ""'''''1.'.''''''''''''''0'.'',''''1<1',., "_"_',"', ... :'-':f;:,~:-,I:'&"'~'::I,I:':::'?: ;"I"::~.\I ::'\:',.J'i',I,:,':".~,i:":'!i.':":' f,',: ,1,J.;t:'::'~:i::.:,V: r'I';",',:/:;l!:' :,~,..",.\l,'S!:,~':u;~~'!;:,::b~;i~:~~ ~':i!'::<~.~'! MI'I"" "'::.;,<f'} t:,. 7/3/2003 PRODUCER THIS CERTIFICATE IS ISSUeD~.s A MATT!;R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TIrE CERTIFICATE HOLDER. TIiIS CERTIFICATE JOSEPH HELD CO., INC. DOES NOT AMEND. EXTEND 0" AI- TER Tlofe COVERAGE AFFOROED BY Tlil; WALL STREET PlAZA - 88 PINE STREET POLICIES BELOW. NEW YORK, NY 10005 COMPANIES AFFORDING COVERAGF: -. (212) 962-3122 FAX (212 797-5413) COMPANYA QBE INSURANCE CORP. COMPANyB QBE INTERNA"'ONAL INSURANCE LIMITED INSUReo COMPANVC VILLA DORADA CONDOMINIUM ASSOCATION.INC. - 20250 WEST COUNTRY CLUB DRIVE cOMPANyD AVENTURA, DADE CO" FLORIDA 33180 COMPANyE COMPANVF COVERAGES THIS IS TO CERTIFY THAT THE POLICies OF INSURANCE LISTED BI;LOW HAVe BEEN ISSUED TO THe INSUIlEO NAMED ABOVE FOR THE POLICY PERIOD - INDICATED, NOTWITHSTANDING ANY RI;QUIREMENT. TERM OR CONOITION OF my CONTRACT OR OTHeR DOCUMENT WITH RI;SPECTTO WHICH THIS CERTIFICATE MAV Be ISSUeO OR MAY PERTAIN, THE INSURANCEAFFOROED BY THE POLiCII;S DESCRIBEIl HEREIN ARE SUBJeCT TO ALL THE TERMS. i EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. liMITS SHOWN MAY HAVE BEEN REDUCED BV PAlO CLAIMS. I co. EFFECTIVE EXPIRATION LIMits -! lTIIt. 'rYPE OF INSURANCE POLICY NUMBER DATE DATE B GENERAL LIABILITY GE~Ie:RAL AGGREGATE $ 2.000,000. I X COMMERCIAL GENERAL LIABiliTY ax 3165 7/1/2003 4/1/2004 PRC'OUC'rS-COMP/OP AGG. $ 1,000.000. j - CLAIMS MADE IIJ OCCUR. PERSONAL & ADV. INJURY $ 1,000,000 .j ~ - OWNER'S & CONTRACTORS PROTo eACH OCCURRENCE $ 1,000,000. ~ ~ OAMAGE (Any Ono Fit.) $ 00,000. "- MEOICAI. EXP. (My One Person) $ 5,000. AUTOMOBilE LIABILITY c....;;:. ANY AUTOMOBilE COMBINED SINGLE liMIT $ --- AJ..L OWNEO AUTOMOBILES r--- i-- SCHEOULED AUTOMOBILES BOO,l Y INJURY IPor 'erson> $ I-- HIRED AUrOMOBILES I-- NON-OWNED AUTOMOBILES BOOr _ Y IN..IURY (Per AccldlJlnt) $ I - GARAGE lIABILITY i - PRO/'ERTY DAMAGE $ I I excess LIABILITY EACe OCCURRE:NCE $ RUUMBRElLA FORM AGGF EGA Te S OTHER THAN UMBRELlA FORM "\~,)lR\(~;?! ~'~'ir u,i:',\~ '!i.:"f'~'~('~,~t{)"I;;~ ::.,}~,~,P~ "t.;i;1':~-il:\''\':';'iA'J:Vll:'~~.;,;;r;-;il;r;.~i~ WORKERS COMPENSATION AND I :ITATUTORY LIMITS EMPLOYERS' LIABiliTy EACH ACCIDENT $ OISE.OSE - POLICY liMIT S DISEASE - EACH EMPLOYES S A OTHER Special Form ow 3165 711/2003 411/2004 BUILDING $40,804.350. ! CONTENTS $ 30,000. D\:SCF 1l="TIQN OF OP5RATIONS/LOCAT10NSlVEHrCl..ESI$PECIAl. ITEMS; CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED . ".., ". '.~\( \/",-" '. .:\ .~ :":1 ';'~':'_:" .,...~.,.\~....' :'-", ", .....;. '; : ""'1\'" .(:,/ " ',. ""V"":'".. 1.:, "'~:".:"7:-.\ ",. ..~.. ,,', '1'\ . I':r.'~ .'~'.' i' \~,t, ~:,:~.(, i"l:'lt"!~Y'!_\"',i"""'I' \S"~~ . "~I,; ",111,,(1""","" ,CERIIRICA:EE,.flOLDEEl"A.. I.",. .... THE CITY OF AVENTURA AVENTURA, FLORIDA 1"~llI"':~l"'1 ~'''~'I"" ,}.J^j.it.,N,;~,"(r'v". .~:I{~ ,~\'11", "',~ \~~I~~,,,,I,,(~}~:\ 1(, ~~:F.h.'~~1~!~,I;1:l!.r~).,\ m',;, "",,I,,? '~.'!i'~~\~ '; ~.~ ',J ~"'~)\',i, 7;':~~',\: ,~\:~\ti\l:tg"':~~.I\'!!~ ~,,~;~I SHOULD ANY OF THE: ABOVE: DES( RIBED POLICIES BE CANCeLLE:D BEFORE THE .EXPIRATION DATe THE~eQF, THE ISSUING COMPANYWn..i.. ENOEAVOR TO MAlL ~ DAYS WRITTEN NOTICE TO TH, CERTIFICATE HOl.OER NAMEO TO THe lEF'T. iUT FAILURE TO MAil SUCH NOTICE SHALL IMPOse NO OBLlCATiON OR LIABilITY OF ANY KIND UPON THE ':OMPANV.ITS AGSN7S OR REPRESENTATIVES. AUTHORIZEO RElPRE:SElNTATIVE: .-'1:~ g11~ ~CORO 25-5 (7/VD) ACORD CORPORATION 1590 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM Eric M. Soroka, ICMA-CM, , TO: FROM: City Commission DATE: August 21,2003 SUBJECT: Resolution Declaring Equipment Surplus September 2, 2003 City Commission Meeting Agenda Item to c...- RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain property as surplus to the needs of the Police Department. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01229-03 TO: CITY OF AVENTURA POLICE DEPARTMENT INTER I E MEMORANDUM FROM: Tho DATE: 1 July 2003 SUBJECT: Surplus Property I would like to have the below listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: Make Model Year VIN Number Chevrolet Pick up 1985 1 GCGD34JXFF390232 1 GCEK24L4FF399288 Chevrolet Pick up 1985 .. These vehicles were obtained from used military surplus in 1998 and 1999. RESOLUTION NO, 2003-_ 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, WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals AdoDted, The above recitals are hereby confirmed and adopted herein. Section 2, The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4, The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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 2 PASSED AND ADOPTED this 2nd day of September, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission DATE: August 21, 2003 FROM: Eric M. Soroka, ICMA-CM SUBJECT: Disbursement of Police Forfeiture Funds September 2, 2003 City Commission Meeting Agenda Item ..kl> RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $47,200 for the Crime and Prevention Program and for the purchase of filing cabinets system, supplies for Community Patrol/Crime Prevention Unit, overhead projector and SWAT equipment from the Police Forfeiture Fund in accordance with the City Manager's memorandum". If you have any questions, please feel free to contact me. EMS/aca Attachment CC01230-03 CITY OF A VENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM FROM: TO: DATE: August 20, 2003 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of Forfeiture Funds for the items shown below. I request this be presented at the September 2003 Commission meeting. DFYIT Little Acorns Filing cabinets system Crime Prevention/Community Patrol Overhead projector SWAT Equipment $5,000 $10,000 $12,000 $8,000 $4,500 $7,700 $47,200 Total Expenditure Request: I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary DFYIT/Little Acorns - LETF procedures mandate that 15% of trust fund proceeds be spent on Crime and Drug prevention programs. Little Acorns Children and Family programs have been selected to receive a $10,000 grant to assist in program funding. DFYIT is a school based program that teaches drug awareness and drug prevention activities to school aged children. OFYIT will receive a $5,000 grant. Filing cabinet system - Recently an in-house move was made that opened up office space within the Administrative suite. This money would be used to purchase a file cabinet system to modernize our storage and increase storage space. Additionally, it will increase the efficiency of the office staff as these cabinets will be adjacent to their work areas and hold three times as many files as the present file cabinets on hand. Community PatrollCrime Prevention - This money will be used for supplies for these units to purchase crime prevention materials, printed items and VIN etching plates. Overhead projector - This equipment will be used in the PO Community room to assist in video presentations for in house training or community information. SWAT Equipment MP5 slings - New slings have been designed by H&K that will make it easier for the officer to use and control the weapon if needed during their tour of duty. Chemical agents - Chemical agents have a shelf live of 5 years and the current supply is nearing expiration. Additionally, the FTAA conference is coming to the City of Miami in November 2003 and thousands of protesters are expected. APO will have units participating in helping Miami PO maintain order and these agents may be needed in the event the crowds become unruly. Rappelling gear - This gear will be used by the SWAT team in the event that officers need to access to a roof or rappel down the side of a building during a SWAT callout. The team currently has one member trained as a Rappel Master to facilitate the training and use of this equipment for the team. CITY OF AVENTURA CITY MANAGER'S OFFICE FROM: BY: ts Manager tL-f j DATE: August 20, 2003 SUBJECT: Recommendation - Work Authorization No. 01..Q103..Q35 Professional Design Services for Hospital District NE 213lh Street Connector Drainage Improvements TO: September 2, 2003 City Commission Meeting Agenda Item I. t Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Work Authorization NO.01-0103-035 to Craven Thompson and Associates, Inc. for Professional Design Services for the Hospital District NE 213lh Street Connector Drainage Improvements for an amount of $60,200.00. This project is included in the Capital Improvements Program for the 2003/04 fiscal year. 8ackaround The project is to be designed in accordance with the City's Capital Improvement Program approved by the City Commission and is based on the City's Storm Water Master Plan. The cost includes services pertaining to civil design, permitting, bidding, survey and construction inspection. The proposed budget is $415,000.00. If you have any questions or need any additional information, please feel free to contact me. WORK AUTHORIZA nON NO. 01-0103-035 The City of Aventura has requested Work Authorization No. 01-0103-035 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. This Work Authorization No 01-0103-035 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. Schematic Desil!n Phase Prepare Site Specific Survey...... ................................ ... ........ .... ........................ ..$5,500.00 Schematic Engineering Plans........................... ............ ................ ....... .............. ..$3.000.00 Total Schematic Phase ........,..,..,............................""",..."""",....,...................$8,500,00 Desil!n Phase Prepare Design Drawings.... ............................................... ..... ........ ................ ..$15,500.00 Prepare Drainage Calculations.... .................. ....... ........ ....................... ........ ..... ... .$1,200.00 Project Management...... ................. .......... .... ..... ............................. ........ ...... ..... ..$5.000.00 Total Design Phase ..........................................................................................,21,700,00 Permittinl! Phase Prepare and Process Permits.......... .... ..... ....... ... .......................................... ........ .$6,000.00 Coordination with FDOT and DERM ........... .... ............................................... ... .$1.500.00 Total Permitting Phase......................."""",.."""",...."",.............,..."..""..""",$7 ,500,00 Biddinl! Phase Prepare Bid Documentsrrechnical Specifications ................................................$2,200.00 Attend Pre-bid Conference.......... ....... ........................................;.......................... $200.00 Respond to RFI's/Prepare Addendums .................................................................. $500.00 Total Bidding Phase """,.............',.,..""""",..",...............,...,..................,.........$2,900,00 Construction Phase Shop Drawing Review................. ................ ...... ......... ...................... .................. ... $800.00 Site Visits ...... ............. ..... ............. ....................................... ..... ....................... .$12,500.00 Project Closeout Documentation ......................... .... .......... ........ ............ .... ......... .$ 1.200.00 Total Construction Phase ".....",.......,...........,....................,....,..,..."".........,......14,500,00 Reimbursable EXDenses Printing, Graphics, Communications ................................................ ..................... $500.00 Geotechnical...................................................................................................... .$1,600.00 Utility Locations ......... ... ............... ........ ............................................................. .$2,500. 00 Couriers, Expcess Mail, Etc. .................................................................................. $500.00 Total Reimbursable Expenses...""",.."""".."".",..".."............................,........$5,100.00 Total Estimated Labor Expenses are ..................................................................$55, 100.00 Total EStimated Reimbursable Expenses are ...... .... ..... .................................... .....$5, 100.00 The time period for this Work Authorization will be; Schematic Design Phase...........................................60 Days Design Phase........................................... ...... ...........60 Days Permitting Phase ....................................................150 Days Construction Services Phase (estimate)................... 150 Days BY BY City Clerk City Manager Teresa M. Soroka, CMC Eric M. Soroka. ICMA-CM day of ,2003 APPROVED AS TO FORM BY Notice to Proceed_ Yes City Attorney Weiss Serota & Helfman, PA Project Initiation Date RECOMMENDED through its Capital Projects Manager BY (})' r.",:" -:f. Jo;. Capital Projects Manager Antonio F. Tomei 20 dayof~003 No . J'lt.,. EXHIBIT "A" Consultant shall prepare design drawings and specifications for the western extension of the 213 th Street drainage system to serve the Hospital District. The plans shall be for the design of the 60" drainage culvert to be placed under Biscayne Boulevard, most likely by jack and bore. This Work Authorization is based on portions of the general layout as proposed in the Drainage & Sanitary System Study of Biscayne Lake Gardens Neighborhood and Hospital District. prepared by Craven Thompson & Associates. Consultant will more specifically perform the following: . Perform field survey and prepare survey drawings sufficient for the proposed design. I Prepare engineering plans for the jack and bore construction of a 60" drainage culvert under Biscayne Boulevard to connect to existing NE 213th Street "North Collector System. . Prepare Engineers Cost Estimate for the proposed improvements. I Prepare and submit drainage calculations and permit applications for the following: DERM Environmental Resource Permit, FDOT General Use Permit, and FDOT Drainage Permit (if required). I Process the aforementioned applications through their respective agencies and obtain drawing approval by the City. . Prepare technical specifications for inclusion into the City's Bid package. . Miscellaneous coordination with agencies, franchise utilities, and/or City. . Prepare bid documents and assist City in bidding the work. · Provide construction services, including general observation of the work to assure conformance with specifications and drawings. . Attend fina1 inspections and coordinate with City and Contractor on fina1 acceptance of the work. . Provide Statements of Completion as required by the permitting agencies and/or the City. The following are not included: Design and permitting of gravity sanitary sewer, force main, water main, or the extension of the drainage system west to 28th Avenue to tie in to the Hospital District System. RESOLUTION NO, 2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO, 01.Q103.Q35 FOR PROFESSIONAL DESIGN SERVICES FOR THE HOSPITAL DISTRICT NE 213TH STREET CONNECTOR DRAINAGE IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC,; AND PROVIDING AN EFFECTIVE DATE, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1, The City Manager is hereby authorized to execute attached Work Authorization No. 01-0103-035 ($60,200.00) for professional design services for the Hospital District NE 213th Street Connector Drainage Improvements by and between the City and Craven Thompson and Associates, Inc. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner . and upon being put to a vote, the vote was as follows: Commissioner 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 2 PASSED AND ADOPTED this 2nd day of September, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM TO: City Commission FROM: Eric M. Soroka, City cts Manager a:f?1 BY: - Antonio F. Tomei, Capl DATE: August 4,2003 SUBJECT: Aventura Charter Elementary School September 2, 2003 City Commission Meeting Agenda Item '" F Recommendation It is recommended that the City Commission adopt the attached Resolution dedicating an eighteen (18) foot by twenty (20) foot Easement to the City of North Miami Beach for the Aventura Charter Elementary School. Backaround The City of North Miami Beach requires an Easement to operate and maintain water services for the Aventura Charter Elementary School. If you have any questions or need any additional information, please feel free to contact me. Attachment RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DEDICATING AN EIGHTEEN (18) FOOT BY TWENTY (20) FOOT EASEMENT TO THE CITY OF NORTH MIAMI BEACH ON THE AVENTURA CHARTER ELEMENTARY SCHOOL SITE; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE, WHEREAS, the City of Aventura requires potable water service to the new Aventura Charter Elementary School located at 3333 NE 188th Street; and WHEREAS, the City of North Miami Beach requires an easement for operation and maintenance of water service lines for the new Aventura Charter Elementary School. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1, That the Easement dedication, as reflected on the attached Easement, inclusive of the Sketch and Legal Description, is hereby accepted and the City Manager is hereby authorized to cause such Easement to be recorded in the Official Records of Miami-Dade County, Florida, subject to confirmation by the City Attorney as to the legal form and sufficiency of the Dedication and instrument of conveyance. Section 2, The City Manager is authorized to take all action necessary to implement the purposes of this Resolution. Resolution No. 2003-_ Page 2 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 R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 2nd day of September, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY DESCRIPTION: WATERLINE EASEMENT A PORTION OF THE SOUTHEAST ONE QUARTER (SE1I4) OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI,DADE COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF PARCEL "A", HUBER TRACT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 140, PAGE 58, OF THE PUBLIC RECORDS OF MIAMI,DADE COUNTY, FLORIDA; THENCE SOUTH 89'20'35" WEST, ALONG THE NORTH RIGHT OF WAY OF NORTHEAST 188'" STREET, PURSUANT TO OFFICIAL RECORDS BOOK 14003, PAGE 2376, OF SAID PUBLIC RECORDS, A DISTANCE OF 150.23 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89'20'35" WEST, ALONG SAID RIGHT OF WAY, A DISTANCE OF 20.00 FEET; THENCE NORTH 00'39'25" WEST, A DISTANCE OF 18.00 FEET: THENCE NORTH 89'20'35" EAST. A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'39'25" EAST, A DISTANCE OF 18.00 FEET TO THE POINT OF BEGINNING.. SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA. THE BEARINGS REFERENCED HEREIN ARE BASED ON AN ASSUMED BEARING. THE WEST BOUNDARY OF SAID PARCEL "A" IS ASSUMED TO BEAR NORTH 00'41'09" WEST. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE MIN.lMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN CHAPTER 61G17-6 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. / THIS SI(ETCH IS ,,:' .I,'ur .,''1':; :01'1 THE SIGNATUR. .;;D T! ~ O! ,'.I;'.i/\J ~1.~ISED SEAL OF RI:Ji\ lIcn:,"' SUliVEYOR MW .. DOUGLAS . DAVIE PROFESSIONAL SURVEYOR AND MAPPER NO. 4343 STATE OF FLORIDA Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper, JUL 2 1 2003 SHEET 1 OF 2 SHEETS N;\ClericaIUOBS\2001\01-0103\LEGAL\S&D WA TERESMT.doc Created on 7/10/200311:30 AM DMDldmd (jj CRAVEN -THOMPSON & ASSOCIATES, INC, ENGINEERS PLANNERS SURVEYORS 3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400 FAX (954) 739-6409 FOR CITY OF A VENTURA NOTE; THIS 1$ .tiQ! A SKETCH OF SURVEY, but only a graphic depiction of the description shown hereon. There hos been no field work, viewing of the subject property, or monuments set in connection with the preparation of the information shown hereon. ~ 1~ 1"=60' SKETCH TO ACCOMPANY DESCRIPTION WA TERUNE EASEMENT >- Z w' "'.~ ". w~ uw z1;! w~ "'~ :::l!~ o'l! ui!i u "-- o~ >-!Ii z'" ~I 5il "- .... N r (3 (i! ~ ~I '" '" i5 ~I ill - ~ b ~ ... '" a z III "-I !::!.Q.TI;. The undersigned and CRAVEN-THOMPSON &; ASSOCIATES, INC. make no reprllsentcltions Or guarantees os to the information reflected hereon pertoining to easements. rI9h1s-of-wo)l, let bock lines. reservotlons. agreements and other similar matters. and furthff. this instrument is not intended 10 relleet or set forth 011 such maUers. Such information should be obtained and confirmed by others throu9happropriotetitleverificatian. t:!..Q.K Lands shawn hereon were not abstracted far ri9ht-af-woy ondlar easements of record. PARCEL "A" HUBER TRACT PLAT BOOK 140, PAGE 58 t.lIAt.lI-DAOE COUNTY RECORDS WEST BOUNDARY PARCEL "A" , ~w wO 0.< ~o -. ~;:; :8 ~N ~ ~~ '" "'0. ~ ~9 b 1-0 ... ~~ 01 !:;!- III :g N~ NOO"39'25"W 18.00' ....J """ :z """ u \~ 00 (~ b<'\- i:'-'v y ,;c,'I' /":J (j: ":l \J~'v ^-.,\,\J~ 'v. r"S" S. J LEGEND It.-DENOTES CENTERLINE PROPERTY ADDRESS: 3333 NE. 188TH STREET A VENTURA, FL. 33180 UPDATES and/or REVISIONS ADD ADDRESS DATE 7/18/03 BY CK'O DMD DMD ~~ 00 ISIS "" Ww ~~ "I:: uz ~~ Ig I I~ U) I~ 10- I~ et:: 10 :z I J., I SHEET 2 OF 2 SHEETS JOB NO.: 01-0103 DRAWN BY: OMD G: \2001 \OIOIOJ\OWG-FROM-OTHERS\OWG\S&D WA TERESMT.O CHECKED BY: TCS F.B.N/A PG. N/A DATED: 07-10-03 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City a TO: City Commission OA TE: August 22, 2003 SUBJECT: Acquisition of FOOT Surplus Property September 2, 2003 City Commission Meeting Agenda Item ----LEt RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution which authorizes the acquisition of approximately .34 acres of FOOT surplus property located on the east side of Biscayne Boulevard between N.E. 202nd and N.E. 203rd Street. The land is currently a landscaped open space area. The property can only be used for public purposes such as open landscaped areas, entrance features, etc. The land is being acquired at no cost to the City except the preparation of a legal description and survey. This matter was previously approved at a Commission Workshop. The preparation of the Resolution was delayed due to the preparation of a new legal description and survey. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01231-03 JEB BUSH GOVERNOR Florida Department of Transportation RIGHT OF WAY ADMINISTRATION - DISTRICT SIX 1000 NW III AVENUE - ROOM 6116 MIAMI. FLORIDA 33172 PHONE, 305-470-5150 I SC 429-5150 FAX: 305-499-2340 /SC 429-2340 JOSE ABREU SECRET AR Y May 22, 2003 Mr. Eric M. Soraka City Manager City of Aventura 19200 Country Club Drive A ventura, Florida 33180 CERTIFIED MAIL NO. 7001 0320000359219954 Dear Mr. Soroka: SUBJECT: PUBLIC PURPOSE CONVEYANCE Item/Segment No. : 2498401 W.P.I. No. : 6114017 State Project No. : 87030-2534 Federal Project No. : 0951 078 I County : Miami-Dade State Road No. : 5 (Biscayne Blvd) Parcel No. : 6002 I am pleased to inform you, the revised survey and legal description submitted by Craven, Thompson & Associates, Inc., have met our standards and has been approved by our Department. The City of Aventura has to provide the Department with an adopted resolution demonstrating this conveyance will be for a public purpose use. Once we receive the additional information, we will proceed with the closing. If you have any questions or if I can be of any further assistance in this matter, please call me at (305) 470-5340. MAY 2 8 2003 OHIL;l Ur I'Ht:. CITY MANAGER OP: www.dot.slale.fl.us RESOLUTION NO, 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO ACQUIRE THE FLORIDA DEPARTMENT OF TRANSPORTATION SURPLUS PROPERTY LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 202ND STREET AND NE 203RD STREET (PARCEL 6002, APPROXIMATELY .34 ACRE SITE); ACKNOWLEDGING THE SURPLUS PROPERTY WILL BE UTILIZED FOR PUBLIC PURPOSES AS OPEN SPACE LANDSCAPED AREA; AND PROVIDING AN EFFECTIVE DATE, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to take necessary action to acquire the Florida Department of Transportation surplus property located on the east side of Biscayne Boulevard between NE 202nd Street and NE 203rd Street (parcel 6002, approximately .34 acres) to be utilized for public purposes as open space landscaped area. Section 2. 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 lev 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 2 PASSED AND ADOPTED this 2nd day of September, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AGENDA ITEM 6-1 RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,FLORIDA; SUPPORTING THE FLORIDA FREE TRADE OF THE AMERICAS (UFTAA") EFFORTS TO PROMOTE MIAMI AS THE NATURAL LOCATION FOR THE PERMANENT SECRETARIAT OF THE FTAA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the recent history of a comprehensive Western Hemispheric free trade zone began with the Enterprise Initiative for the Americas proposed by President George Bush in 1990, and at the first Summit of Americas, held in Miami during December 1994, a 2005 target date was approved for the establishment of the FT AA; and WHEREAS, successful negotiation and ratification of such a free trade area would mean significant reduction of trade barriers and lend impetus to the future dynamics in hemispheric commerce that would be of great benefit to Florida's economy; and WHEREAS, during the VII American Business Forum in Quito, Ecuador, Florida FTAA delegates explained Miami's business, infrastructure and cultural advantages to Latin American and Caribbean government representatives; and WHEREAS, for the first time, a conceptual design of the building that would house the FTAA Permanent Secretariat has been designed and presented; and WHEREAS, Miami is the business capital of the Americas and South Florida is home to 2100 multinational companies, 25 foreign trade offices, and 40 bi-national chambers of commerce; and WHEREAS, over half of U.S. international trade with Latin America and the Resolution No 2003-_ Page 2 Caribbean flows through Miami; and WHEREAS, 40 shipping lines through Miami connect 360 ports in 130 countries around the world, and Miami International Airport is the top U.S. airport for international travelers to and from Latin America; and WHEREAS, the Florida FTAA is a non-profit corporation, which supports hemispheric free trade and efforts to bring the permanent Secretariat of the FTAA to Miami, supported by Governor Jeb Bush, top state leaders in business and government, Enterprise Florida, Inc., individual companies and associations statewide. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Section 1. The City Commission of the City of Aventura supports the efforts of the Florida FT AA to promote Miami as the natural location for the permanent secretariat of the FTAA. Section 2. This resolution shall be effective immediately upon 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 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 2nd day of September, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: BY: City commiSSiO~ Eric M. Soroka, IC - M City Manager ./ Joanne Carr, AICe Planning Director FROM: DATE: August 7, 2003 SUBJECT: Request of The Related Group of Florida for extension of those approvals granted through Resolution No. 2002-46 18741 Biscayne Boulevard, Aventura (05-CU-02) September 2,2003 City Commission Meeting Agenda Item6 J RECOMMENDATION It is recommended that the City Commission approve, by motion, the request for extension of the approvals granted through Resolution No. 2002-46 for an additional six (6) month period from September 3, 2003 to March 3, 2004. REQUEST The applicant, The Related Group of Florida, is requesting a six (6) month extension of the following conditional use approvals granted through Resolution No. 2002-46 passed September 3, 2003 (See Exhibit #1 for Letter of Intent, Exhibit #2 for Resolution No. 2002-46 and Exhibit #3 for Location Map): 1. An 11 story residential building, where a maximum of 4 stories are permitted by Code. 2. A 7 story residential building, where a maximum of 4 stories are permitted by Code. 3. Floor area minimum of 750 square feet for one bedroom units, where a minimum of 900 square feet is required by Code. 4. Floor area minimum of 1025 square feet for two bedroom units, where a minimum of 1050 square feet is required by Code. ~ 5. Residential uses on the ground floor, where retail and office uses only are permitted on the ground floor by Code. 6. 825 parking spaces, where 1,066 parking spaces are required by Code. BACKGROUND The applicant was granted approval of the conditional uses by Resolution No. 2002-46 passed on September 3, 2003. These approvals were granted to permit the construction of the first stage of the Town Center redevelopment. This first stage consists of two residential buildings with ground floor retail on the north elevation and attached parking garage. The resolution provided that the applicant obtain building permits 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. A building permit has not been issued to date, The applicant's attorney has advised that due to circumstances beyond the applicant's control, such as approvals and negotiations with Florida Power and Light, the Miami-Dade Water and Sewer Department and Miami-Dade Department of Environmental Resources Management, the applicant has been unable to obtain the required building permit within the one year period. The applicant is therefore requesting a six (6) month extension of time in which to obtain the permit. Section 31-73 of the City's Land Development Regulations provides that: "... the approval of a conditional use application shall be void if the recipient does not obtain a building permit for the proposed development within 12 months after the date of the approved resolution. An applicant who has obtained conditional use approval may request an extension of time period by filing within the 12 month period, a letter stating the reasons for the request. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant". 2 ~~[[~~[~~ ATTORNEYS AT LA'. H~~~I~ Clifford A. Schulman 05. C U '02- (305) 579.j)(j 13 Direct Fax.: (305) 961-5613 E-Mail: schulmanc@gtlaw.com July 17, 2003 VIA FACSIMILE: 305-466-8949 Ms. Joanne Carr Planning Director City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 EXHIBIT #1 05-CU-02 REV Re: Loehman's Plaza Conditional Use and Site Plan Approvals I Request for Extensions of Time to Obtain Building Permits Dear Joanne: We represent the Related Group of Florida ("Related") in the above referenced matters. As you are aware, the Aventura City Commission adopted Resolution No. 2002-46 approving Related's application for a conditional use approval for the Loehman's Plaza property on September 3, 2002, Section 2 of Resolution No. 2002-46 required that building permits for the first stage of development be obtained within twelve (12) months of approval of the conditional use application. Unfortunately, due to circumstances beyond our control such as approvals and/or negotiations with Florida Power and Light, the Miami-Dade Water and Sewer Department, and . the Miami-Dade Department of Environmental Resources Management, we have been unable to obtain the required building permits. As a consequence, we would like to request, pursuant to Section 3l-73(e)(2) of the Aventura Code of Ordinances, that the City Commission extend the conditional use approval for six (6) months so that the required permits may be obtained. Additionally, a site plan for the Loehman's Plaza property was administratively approved on October 14, 2002, Since we are experiencing delays in obtaining our building permits for the reasons mentioned above, we respectfully request that the City Manager grant a six (6) month extension of the site plan approval pursuant to Section 3l-79(i) of the Aventura Code of Ordinances. Since the conditional use approval is set to expire on September 3, 2003, we ask that you schedule the request to extend that approval for the September 2, 2003, City Commission GREENBERG TRAURIG. P.A. 1221 BRICKELL AVENUE MIAKI. FLORIDA 33131 305-579-0500 FAX 305-579-0717 www.,tlaw.eom AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DENVER FORT LAUDERDALE Los ANGELES MIAMI NEW JERSEY NEW YORK ORUNDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH WILMINGTON ZORICH July 17, 2003 Page 2 meeting. If you have any questions, please call me at 305-579-0613 or my Associate, Mario Garcia-Serra, at 305-579-0837. Many thanks for your attention to this matter. Sincerely, ~V-.~~~. !tL<~ .t;r^ Clifford A. Schulman cc: Ms, Ashley Bosch Mr. Ivan I. Heredia GREENBERG TRAURIG. P.A. RESOLUTION NO. 2002-46 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT USES THAT EXCEED THE HEIGHT LIMITATIONS SET OUT IN THE TC1 (TOWN CENTER) DISTRICT; CONDITIONAL USE APPROVAL TO PERMIT FLOOR AREAS THAT ARE LESS THAN THE MINIMUM FLOOR AREA REQUIRED IN THE TC1 (TOWN CENTER) DISTRICT; CONDITIONAL USE APPROVAL TO PERMIT ALLOCATION OF INTERIOR SPACES OTHER THAN AS SET FORTH IN THE TC1 (TOWN CENTER) DISTRICT; AND CONDITIONAL USE APPROVAL TO NUMBER OF OFF-STREET PARKING SPACES THAT DOES NOT MEET THE REQUIREMENT OF SECTION 31-171 (B) OF THE CITY'S LAND DEVELOPMENT REGULATIONS; FOR PROPERTY LOCATED AT 18741 BISCAYNE BOULEVARD, CITY OF AVENTURA;' PROVIDING FOR CONDITIONS OF APPROVAL, PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC1, Town Center District; and WHEREAS, the applicant, The Related Group of Florida, through Application No. 05-CU-02, is requesting conditional use approval to permit the following: 1, Uses that exceed the height limitation in the TC1 zoning district; 2, Floor areas that are less than the minimum floor areas required in the TC1 zoning district; 3. Allocation of interior spaces other than as set forth in the TC1 zoning district; 4, Number of off-street parking spaces that does not meet the requirement of Section 31-171 (b) of the City's Land Development Regulations; and WHEREAS, following proper notice, the City Commission .has held a public hearing as provided by law; and EXHIBIT #2 05-CU-02 REV Resolution No, 2002-46 Page 2 WHEREAS, the City Commission finds that the App'lication meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the following uses in Phase 1 of the proposed Town Center development: i. An 11 story residential building, where a maximum of 4 stories are permitted by Code. ii. A 7 story residential building, where a maximum of 4 stories are permitted by Code, iii. Floor area minimum of 750 square feet for one bedroom units, where a minimum of 900 square feet are required by Code. iv. Floor area minimum of 1025 for two bedroom units, where a minimum of 1050 square feet are required by Code, v, Residential uses on the ground floor, where retail and office uses only are permitted on the ground floor by Code, vi. 825 parking spaces where 1,066 parking spaces are required by Code, is hereby granted to the Applicant, for the Phase 1 development only on property legally described as Part of Tract "A", Part of Tract "B" and all of Tract "C., Regina Square Subdivision, recorded in Plat Book 113, Page 27 of the Public Records of Miami-Dade County, aka 18741 Biscayne Boulevard, City of Aventura, subject to the conditions set out in this Resolution, Resolution No, 2002-46 Page 3 Section 2. Approval of the requests above are subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . .Conceptual Redevelopment of Loehmann's Fashion Island, 18711 Biscayne Boulevard. Master Plan Phase One: The Residences at Aventura", Index to Drawings, Site Plan Resubmission 5 August 2002, prepared by The Related Group of Florida, not signed and sealed, . .Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Demolition Plan", Sheet A.OO, prepared by The Related Group of Florida, signed and sealed _' . "Loehmann's Plaza", Aerial Overlay, Proposed Master Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc" dated 12/27/01, signed and sealed, . .Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Master Site Plan" Sheet A.02, prepared by The Related Group of Florida, signed and sealed . .Conceptual Redevelopment of Loehmann's Fashion Island, Master Plan, Site Photos" Sheet A,03, prepared by The Related Group of Florida, signed and sealed, . "Topographic Survey, Loehmann's Plaza Phase I", Sheet I of 3, prepared by Fortin, Leavy, Skiles Inc" dated 3/7/02, signed and sealed, . "Topographic Survey, Loehmann's Plaza Phase I", Sheet 2 of 3, prepared by Fortin, Leavy, Skiles Inc" dated 3/7/02, signed and sealed, · "Topographic Survey, Loehmann's Plaza Phase I", Sheet 3 of 3, prepared by Fortin, Leavy, Skiles Inc" dated 6/13/02, signed and sealed, . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Site Plan", Sheet A,100a, prepared by The Related Group of Florida, signed and sealed, . . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Site Plan", Sheet A,100b, prepared by The Related Group of Florida, signed and sealed, . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Ground Floor Plan", Sheet A,101a, prepared by The Related Group of Florida, signed and sealed, . .Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Ground Floor Plan", Sheet A,101b, prepared by The Related Group of Florida, signed and sealed, . .Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Typical Floor Plan", Sheet A,102a, prepared by The Related Group of Florida, signed and sealed, Resolution No. 2002-46 Page 4 . .Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Typical Floor Plan", Sheet A,102b, prepared by The Related Group of Florida, signed and sealed, . .Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, East Elevation", Sheet A.201, prepared by The Related Group of Florida, signed and sealed, . .Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, North Elevation", Sheet A,202, prepared by The Related Group of Florida, signed and sealed. . .Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, West Elevation", Sheet A,203, prepared by The Related Group of Florida, signed and sealed, . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, South Elevation", Sheet A.204, prepared by The Related Group of Florida, signed and sealed, . .Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Context Elevation", Sheet A,205, prepared by The Related Group of Florida, signed and sealed. . "Conceptual Redevelopment of Loehmann's Fashion Island, Phase One: The Residences at Aventura, Longitudinal Section and Cross Section", Sheet A-301, prepared by The Related Group of Florida, signed and sealed. . "Loehmann's Plaza Phase One", Site Planting Plan, Sheet L1.1, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed, . "Loehmann's Plaza Phase One", Courtyard Planting Plan, Sheet L 1,2, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed, . "Loehmann's Plaza Phase One", Planting Details, Sheet L 1,3, prepared by The Related Group of Florida, dated 06/12/02, signed and sealed. . "Loehmann's Plaza", Sketch ofLegal Description, Sheet 1 of 1, dated June 18, 2002, prepared by Fortin Leavy Skiles Inc" dated 06/18/02, signed and sealed. . "Loehmann's Plaza", Conceptual Paving, Drainage, Water and Sewer Plan, Phase 1, Sheet 1 of 1, dated June 20, 2002, prepared by Fortin Leavy Skiles Ine" signed and sealed, 2, Building permits for the first stage of Phase 1 shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission, 3. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. Resolution No, 2002-46 Page 5 4. The applicant agrees to submit for review and obtain approval of a site plan showing detail of the perimeter screening of the Phase 1-A site, Such screen shall consist of walls and landscaping to the satisfaction of the City Manager and shall be completed prior to the issuance of any certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings. 5, The applicant and owner agree to demolish the building marked FF on the Demolition Plan and construct the roadway, on-street parking and interface with the ~xisting plaza shown on Plan A.100, Site Plan Opt. 1-B within one year of the date of issuance of the final certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings, The applicant may petition the City Commission in the future to extend the time period due to unforeseen circumstances. 6. The applicant agrees to support, when requested by the City, a request to Florida Department of Transportation and Miami-Dade County to relocate the existing traffic signal at the intersection of NE 187 Street and Biscayne Boulevard to the intersection of the present entrance drive to Loehmann's Plaza and Biscayne Boulevard and to support a request to eliminate left hand tums at the intersection of NE 187 Street and Biscayne Boulevard. 7, The applicant agrees to arrange with Miami-Dade County to install, at the applicant's expense, a traffic signal at the intersection of NE 187 Street and NE 28 Court, prior to the issuance of a certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings, 8, The applicant agrees to arrange with Miami-Dade County, at the applicant's expense, necessary timing changes to the existing traffic signals at NE 187 Street and Biscayne Boulevard and at NE 190 Street and NE 29 Avenue, prior to issuance of a certificate of occupancy or temporary certificate of occupancy for the Phase 1 buildings, 9, The applicant and owner agree to negotiate in good faith and formalize an agreement with the City relating to the proposed cultural arts center generally in accordance with the Term Sheet attached as Exhibit #4, prior to the approval of any future phases. 10. The conditional use approval for reduced parking shall be terminated in the event that the City Manager or his designee determines that the approval has created and/or is creating a nuisance to the community, In the event of such termination, the applicant and owner agree to add the number of parking spaces, sufficient to meet the requirements of Section 31-171(b) of the City Code, to the site in a future phase and in an area agreed upon by the applicant, the owner and the City Manager, Resolution No. 2002-46 Page 6 11, The applicant agrees that one bedroom units shall comprise no more than 27% of the 498 units in Phase 1 of the Town Center development. 12, Prior to the issuance of a building permit for construction of Phase 1, applicanUowner to submit to the City a recordable declaration in lieu of unity of title, or other legal document approved by the City Attorney, that binds the applicanUowner to build the proposed project in accordance with the approved site plan and conceptual master plan for the entire parcel, with only such modifications as may be approved by the City Manager, pursuant to Section 31-79(j) of the City's land Development Regulations or, if not so approved, otherwise approved by the City Commission after ~ public hearing. Section 3. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City, Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner,Grossman, who moved its adoption, The motion was seconded by Commissioner Beskin, and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Manny Grossman 'yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Jeffrey M, Perlow yes Resolution No. 2002-46 Page 7 PASSED AND ADOPTED this 3rd day of September, 2002. , MAYOR APPRM~:ICIENCY: CITY ATTORNEY olution was filed in the Office of the City Clerk this 4th day of September, 2002, c... ...:.." ....1I'l L==-' --" " n'"VT~T'~n'c-:'.-::, .J.. Gtdf- l.,."n."W'*...,...."~1 ~ ~ ~ : BROWARD coUNri .....-.-.-. DADE COUNl"Y .-' ',!, Ii.; ':;c ~. ,... . co ; '--, WATERWAYS Ii I Watt""'yr Shopper 207 ST. . .. . I I I I I . . I ," ,. ;'~:OA1RY RD. : ;' ,. 'I :. :" :" ;1 ,. :a :: :. , .. :. :. :. , :" .. ~ . .t, ,;., ", ; COUNTRY ClUB DR. .j:., [ In, 201 TER. g CD Z ~ 8 '.'.' 1''-';:;.':' Subject Site x w 8 C) ;: 192 ST. 190 168 ST. g CD z in o o :,". 33180 . . -.---.-.-.-.-.-.-.-.-.-., 33 60.' I . . . . . . . . . . . . . . . ..,.~. ~-"". ... ..a:a1l ..... ';.'~ . . Ii". .. .,f- " " , , " " ," , " " , " , . " '1," 1 MIMII' GARQENS DR. 183 ST. Al/4ntic Ocean Un/t Maule Lak< LEGEND e Maule Lak. ...... Roadways City Bound8l'{ ZIP Code Bound8l'{ Railroad E- - -" EXHIBIT #3 05-CU-02 REV ~ CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: August 27,2003 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, C' SUBJECT: Pump Station Cost Sharing Development Agreement September 2, 2003 City Commission Meeting Agenda Item 6 I<. RECOMMENDATION It is recommended that the City Commission approve the attached Resolution which authorizes the execution of the attached Pump Station Cost Sharing Development Agreement. BACKGROUND The Sewage Pump Station owned and operated by Water and Sewer Authority of Miami Dade County, which services the area from N.E. 190th Street to N.E. 188th Street, has reached its design capacity. The original design did not envision the rezoning of the subject area to residential and the redevelopment of the Town Center. In order for development to proceed in the subject area, it will be necessary to construct a new sewage pump station. The Miami-Dade Water and Sewer Department will not approve new development permits without the pump station or a commitment to construct a new station. Several developers in the area approached the City to act as the coordinating party among the various developers. The developers represent property along N.E. 188th Street and Loehmann's Shopping Plaza. The attached Cost Sharing Agreement was formulated by the group of developers. The five developers would share in the cost of constructing the sewer lines and sewage pump station. Based on the attached Agreement, the Related Group would design, construct and install the improvements. The City's responsibilities associated with the Agreement are as follows: 1. Review and approve all improvements. 2. In the event variances are required to secure terms of the agreement, the City agrees to expeditiously process such requests. Memo to City Commission Page 2 3. The City shall collect the proportionate share of the improvements and to deposit such payments in an interest bearing account. 4. The City shall disburse the funds to pay draw requests for the construction of the improvements based on the engineer's certification to the City that the request is complete and accurate. 5. Once the improvements are complete, the City would have no further responsibility. The benefit to the City as it relates to the approval of the Agreement is to facilitate re- development in the Town Center area and new development along N.E 188th Street. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01235-03 RESOLUTION NO, 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED PUMP STATION COST SHARING DEVELOPMENT AGREEMENT BETWEEN INVESTURA, L.L.C" VENAVENTURA, L.L.C., VENAVENTURA II, L.L.C., THE RELATED COMPANIES OF FLORIDA, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA AND THE CITY OF AVENTURA; AND PROVIDING AN EFFECTIVE DATE, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute the attached Pump Station Cost Sharing Development Agreement between I nvestura , L.L.C., Venaventura, L.L.C., Venaventura II, L.L.C., The Related Companies of Florida, Inc., The Prudential Insurance Company of America and the City of Aventura. Section 2. 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 R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Resolution No. 2003-_ Page 2 PASSED AND ADOPTED this 2nd day of September, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 1472607:030609 This document was prepared by: Clifford A. Schulman, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 PUMP STATION COST SHARING DEVELOPMENT AGREEMENT THIS PUMP STATION COST SHARING DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into this _ day of ,2003, by and between INVESTURA, LLC., a Florida limited liability company with an office located at 2999 N.E. 191" Street, Suite 803, Aventura, Florida 33180; VENA VENTURA, L.L.C., a Florida limited liability company, with an office located at 2999 N.E. 191st Street, Suite 803, Aventura, Florida, 33180; VENA VENTURA II, LLC, a Florida limited liability company with an office located at 10557 N.W. 53rd Street, Sunrise. Florida, 33351; TRG REGINA SQUARE, LTD, c/o The Related Group of Florida, Inc., a Florida Limited Partnership, with an office located at 2828 Coral Way, Penthouse 1, Miami, Florida 33145 (all of the foregoing parties are collectively referred to herein as "Joint Users", and, individually, as a "Joint User") and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation, with an office located at 8 Campus Drive, 4th Floor, Parsippany, New Jersey, 07054 ("Prudential"); and the CITY OF A VENTURA, a Florida municipal corporation ("City"), with an office located at 19200 West Country Club Drive, Aventura, Florida 33180. WIT N E SSE T H: WHEREAS, Joint Users are the owners of certain properties (the "Joint Users' Properties") located in the City of Aventura, Miami-Dade County, Florida; and WHEREAS, Joint Users will require a commitment for sewer service from the Miami-Dade Water and Sewer Department ("W ASD") in order to provide sewer service with appropriate capacity for the development of the Joint Users' Properties; and WHEREAS, all of the Joint Users are presently unable to receive such a commitment for said sewer service from W ASD due to the limited capacity presently available in Sewer Pump Station 439, which presently serves the geographic area where Joint Users' Properties are located; and WHEREAS, in order for any of the Joint Users to receive such commitments, it will be necessary to construct a new sewer pump station and/or to redirect existing flows from Pump Station 439 to another pump station, to reduce the load on said pump station in order to meet the developmental needs of the Joint Users; and WHEREAS, the Joint Users have agreed, for the benefit of their respective Joint Users' Properties, to design, construct and install such sewer lines and pump station and other related improvements (collectively, the "Improvements"), as is more particularly described in Exhibit "A" hereto; and WHEREAS, TRG REGINA SQUARE, LTD., has agreed to serve as the Joint Users' representative and the other Joint Users are willing to have TRG REGINA SQUARE, LTD." serve as the Joint Users' representative in connection with the design, construction and installation of the Improvements; and WHEREAS, Joint Users desire to enter into this Agreement for the purpose of setting forth the terms and conditions under which they will share in the cost of design, permitting and constructing the Improvements, all as more particularly set forth hereinafter; and -2- WHEREAS, Prudential is willing to contribute a site for the Improvements on lands owned by Prudential, on terms and conditions hereinafter set forth and in contemplation of making use of the Improvements in the future; and WHEREAS, the City, for the benefit of the public, is willing to act as the administrator ofthe funds deposited to an account to be administered by the City according to this Agreement and to distribute those funds as set forth herein. NOW, THEREFORE, for and in consideration of these premises, the agreements hereinafter set forth, the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, Joint Users, Prudential and City do hereby covenant, stipulate and agree as follows, to wit: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated as a part of this Agreement as if fully set forth herein. 2. Design of Improvements. The Improvements shall be designed at such capacity as will service the contemplated development of the Joint Users' Properties and such other properties ("Other Properties") that may, in the future, require capacity in said geographic area of the City and which will be required to connect to the Improvements. Such design and capacity shall be subject to review and approval by the City and W ASD. 3. Cost Sharing for Improvements. Joint Users each hereby agree to pay, in advance, their respective Proportionate Share (as hereinafter defined) of the estimated cost of design, pennitting, construction and dedication of the Improvements (collectively, the "Estimated Improvements Costs"). The Joint Users hereby agree that the Estimated Improvements Costs are set forth in Exhibit "B" to this Agreement. It is the intention ofthis Agreement that the Joint Users shall -3- each pay for their respective Proportionate Share of all out-of-pocket costs associated with the Estimated Improvements Costs, including, but not limited to out -of-pocket fees and costs to third parties for (i) engineering, planning and design, (ii) consulting fees for processing and expediting, (iii) legal representation (to the extent required in connection with the design, permitting and construction of the Improvements, except that each Joint User shall each pay for its own attorneys' fees), (iv) construction, (v) insurance and bonding, (vi) repairs and warranty work, (vii) hazard, liability and other necessary insurance and (viii) all other third party costs and expenses reasonably incurred by the Joint Users in connection with the design, permitting, construction or dedication of the Improvements. Except as otherwise set forth herein and for purposes of this Agreement, each Joint User's respective Proportionate Share shall be determined based upon the anticipated number of gallons of "new" sewer capacity that is estimated by the Miami-Dade Water and Sewer Department for each of the Joint Users' Properties and as set forth in Exhibit "c" hereto. 4. Credit for Land Donation. Prudential is the owner of the property generally known as Loehmann's Fashion Island. As part of that property, W ASD has identified a site to be used for the construction of the Improvements to meet the needs ofJoint Users, as well as other users who may, in the future, require new sewer capacity that is to be served by the new pump station, or the existing pump station once additional capacity is created by the construction of the new pump station in connection with development or redevelopment of Other Properties. The approximate location and size of the proposed site for the new sewer pump station is identified on drawing attached as Exhibit "D". Prudential has agreed to donate the land for the new pump station site to WASD. Upon request of W ASD and in such form as required by W ASD, Prudential hereby agrees to transfer ownership and/or a perpetual easement to W ASD for the construction of the new pump station, in -4- such form and manner as may be reasonably required by W ASD and the City hereby agrees that the donation of said pump station site shall not in anyway diminish Prudential's entitlement to construct future improvements on the Loehmann's Fashion Island property, except the new pump station site, and without any loss of floor area ratio, open space, gross lot size, lot coverage or any other zoning requirement. In the event that variances, either administrative or by public hearing, are required to secure the terms hereof, the City agrees to expeditiously process any such request. In return for the donation of the new pump station site, Prudential shall receive a credit against its prorata share of the cost of the Improvements equivalent to the fair market value of the new pump station site and Prudential shall not be required, at this time, to otherwise advance any costs, fees or charges for the Improvements required herein. At the time Prudential, or its successors or assigns seeks approval from W ASD to connect to the pump station, or the sewer system with available capacity created by the construction of the new pump station, Prudential shall submit to all Joint Users and W ASD an appraisal ofthe value of the new pump station site, as ifit were unencumbered by the existence of the pump station, by a qualified and licensed appraiser, with said appraisal being based on the value of the new pump station site on the date ofthe request for sewer service from W ASD. In the event that the appraised value ofthe new pump station site is less than the contribution required to be made for Other Properties by W ASD, the difference in that value shall be paid by Prudential to W ASD in accordance with W ASD's policies, rules and regulations. In the eventthatthe appraised value of the new pump station site is greater than the contribution required to be made for Other Properties by W ASD, in accordance with W ASD' s policies, rules and regulations, then and in that event, Prudential shall be entitled to a proportionate share of any reimbursement collected by W ASD pursuant to Paragraph 8 hereof. In the event there is any dispute by any of the Joint Users or W ASD as to the -5- appraised value of the new pump station site, then and in that event. the disputing party shall have its own appraisal conducted at its own cost and expense and shall submit same to all other Joint Users. Prudential and to W ASD. W ASD shall determine the fair market value of the new pump station site, based on said appraisals, and W ASD' s determination in that regard shall be binding on Prudential and all Joint Users. 5. Advance Payments Deposited with City. Within ten (10) days of the date of this Agreement and except as otherwise set forth herein, each of the Joint Users shall pay to the City their estimated Proportionate Share of the Estimated Improvement Costs. City hereby agrees to accept such payments and to deposit such payments in an interest bearing account, segregated and not commingled with any and all other funds and accounts of the City and limited for use to the purposes set forth in this Agreement (the "Improvement Costs Account"). Acceptance ofthe funds called for in this Agreement shall not result in the City incurring any liability to any of the Joint Users or Prudential or W ASD, except for any breach of City's duties specifically set forth herein. The duties of the City pursuant to the Agreement shall include the following: a) Disbursement of Funds. The City shall disburse and deliver the amounts of funds set forth herein only in accordance with the terms hereof. The City shall not disburse the funds in the Improvement Costs Account to any party other than as specifically provided herein, without the express prior written authorization of all Joint Users and Prudential, or their respective successors or assigns except as otherwise expressly set forth herein. The City shall disburse the funds referred to herein as provided in Paragraph 7 hereof. -6- b) Administration and Investment ofDeoosit. City shall invest, and from time to time reinvest, any cash then being held by City hereunder in the a separate interest bearing account. All investments will be immediately available. c) Liability of Citv. The duties of City hereunder shall be limited to the observance of the express provisions of this Agreement. City may rely upon and act upon any instrument received by it pursuant to the provisions of this Agreement that it reasonably believes to be genuine and in conformity with the requirements of this Agreement. City shall not be liable for any action taken or not taken by it in the absence of a willful breach of its obligations hereunder or gross negligence on its part. d) Indemnification of City. Joint Users hereby covenant and agree to indemnify and hold City harmless from and against any and all loss, costs, damages or expenses (including reasonable attorneys' fees) it may sustain by reason of its service as City hereunder, except if such loss, costs, damages or expenses (including attorneys' fees) are incurred by reason of a willful breach of its obligations hereunder or gross negligence on its part. e) Disagreements Between Parties/Interpleader. In the event of any disagreement between the parties to this Agreement resulting in adverse claims or demands being made in connection with the Improvement Costs Account, or in the event that City, in good faith, shall be in doubt as to what action it should take hereunder, City may, at its option, refuse to comply with any claims or demands relating to this Agreement, so long as such disagreements continue or such doubt exists, and in any such event, City shall be entitled to continue to refrain from acting until (i) the rights to the funds in the Improvement Costs Account, as applicable, shall have been fully and finally adjudicated by a court of competent jurisdiction or -7- (ii) all differences shall have been adjusted and all doubt resolved by agreement among all of the persons making claims or demands with respect to the funds in the Improvement Costs Account, as applicable, and City shall have been notified thereof in writing signed by all such persons. In connection with any such disagreement as aforesaid, City shall have the right to institute a bill of Interpleader, and any costs so incurred by City shall be paid by the non- prevailing party. The rights of City under this paragraph are cumulative of all other rights that it may have by law or otherwise. f) Termination. City obligations under this Agreement shall automatically terminate and expire and be of no further force and effect at such time as City shall have fully performed all of the duties set forth herein and the funds in the Improvement Costs Account have been fully disbursed in accordance with the terms hereof 6. Refinement of Calculation of Estimated Cost ofImorovements. Within thirty (30) days of Joint Users obtaining written notice from Fortin, Leavy, Skiles, Inc. (the "Engineer"), the Engineer retained by the Joint Users to design the Improvements and to inspect same during the construction of the Improvements, that the working drawings for the Improvements have been completed, Engineer shall obtain, on behalf of the Joint Users, from three (3) potential contractors ("Contractors") bids to construct the Improvements (collectively, the "Refined Cost Estimates"). Said Refined Cost Estimates shall be submitted to W ASD for its review and approval ofthe lowest, responsible bid (the "Approved Cost Estimate"). Once so determined, the Approved Cost Estimate shall be certified to all Joint Users and Prudential and the City and shall be attached to and made a part of Exhibit "B". Within ten (10) days of approval of the Approved Cost Estimate, each of the Joint Users shall contribute to the City its Proportionate Share of any additional funds that are -8- necessary to assure that 100% of the Refined Cost Estimate is in the Improvement Costs Account being administered by the City. Thereafter, and until finally determined as set forth herein, the Refined Cost Estimate shall govern the construction of the Improvements, and the Improvements shall be constructed by the Approved Contractor pursuant to a construction agreement approved in writing by WASD and inuring to the benefit of the Joint Users and Prudential (the "Construction Contract"). The Construction Contract shall provide that the invoices to be provided by the Contractor in support of its draw requests, and the Contractor's books and records in connection therewith, may, upon written notice from any of the Joint Users or Prudential to the Contractor, be audited by an independent accounting firm or real estate consultant retained by any of the Joint Users or Prudential and which shall be paid for by the Joint Users (and, if applicable, by Prudential) and if more than one Joint User or Prudential requests the audit, shall be paid for by said Joint Users (and, if applicable, by Prudential) in accordance with their respective Proportionate Share. Any changes, amendments or modifications made to the Refined Cost Estimate or to the Construction Contract. and any change orders made for the construction of the Improvements, shall require the mutual written consent of a majority of the Joint Users, as determined by their respective Proportionate Shares. 7. Distribution of Deposited Funds bv City. The purpose of the deposits with the City shall be to pay draw requests for the construction of the Improvements. The Improvement Costs Account administered by the City shall be so managed that all draw requests from the Contractor shall be forwarded to the City and the Engineer. The Engineer shall inspect (i) the Improvements that have been constructed immediately subsequent to receiving each draw request, and (ii) each draw request to confirm that such draw request conforms to the terms of the Construction Contract, and that the -9- invoices provided by the Contractor supporting such draw request adequately support such draw request. The Engineer shall provide written certification to the Joint Users and the City prior to the disbursement for any draw request that (A) the Improvements have been constructed to date in accordance with the Construction Contract, (B) the draw request conforms to the terms of the Construction Contract, and (C) the invoices provided by the Contractor supporting such draw request adequately support such draw request, which certification shall be in the form of Exhibit "E" hereto (the "Engineers Certification"). Within five (5) days after receipt of a draw request, the Engineer shall provide its Engineer's Certification to City and Joint Users provided that the draw request is complete and accurate. If the draw request is not accurate or cannot be substantiated, it shall be returned to the contractor for adjustment. Within seven (7) days after the Engineer sends its Engineer's Certification, Joint Users shall review the Engineer's Certification and shall also provide any written objections to the City concerning the Engineers Certification. On the fifth (5lh) day after the Engineer's Certification is sent to City, City shall send notice by fax to Joint Users of its intent to pay the draw request authorized by the Engineer's Certificate unless any Joint User provides written objection to such payment no later than the seventh (7lh) day after the Engineer's Certification is sent. In the event that City receives a written objection from any Joint User. the issue shall be resolved in accordance with the terms of the Construction Contract. In the event that City receives no written objection from any Joint User within seven (7) days after the Engineer's Certification is sent to City, City shall pay the draw request pursuant to the terms of the Construction Contract, by withdrawing the certified amount from the Improvement Costs Account. In the event that there exists no further funds in the Improvement Costs Account to pay for the Contractor's draw requests, Joint Users shall each, promptly but in any event with ten (10) days of receiving written notice from the City of such -10- shortfall, together with a written estimate from the Contractor, substantiated by the Engineer, of the remaining unfunded Improvement Costs (the "Remaining Improvement Costs"), pay their respective Proportionate Share of the Remaining Improvement Costs to City, which shall thereafter promptly deposit said funds into the Improvement Costs Account, provided. however, that if any Joint User shall fail to pay its respective Proportionate Share of the Remaining Improvement Costs to City within three (3) days of receiving written notice from City of such shortfall, the remaining Joint Users shall submit to City the non-deposited amount in their respective Proportionate Shares and said Joint Users shall be solely responsible to take such legal actions as may be required to compel payment by the non-depositing Joint User and/or seeking reimbursement from the non-depositing Joint User, with the prevailing party in any such action being entitled to reasonable attorneys' fees and costs, at trial and appeal. City shall have no duty to seek any such reimbursement from the non-depositing Joint User. This process shall be repeated as needed until completion of the Improvements in order to provide for sufficient funds to fully pay for the Improvements. 8. Sharing of Reimbursements from the Miami-Dade Water and Sewer Department. Each of the Joint Users shall provide in their agreements for service with W ASD, that any reimbursements that are received by or from W ASD on account of the owners of Other Properties who seek to connect to the Improvements shall be paid to the City and deposited in the Improvement Costs Account and shall be distributed to the Joint Users pursuant to their respective Proportionate Shares as provided for in paragraph 3 herein. 9. Authority. Each party warrants and represents to the other that it has all necessary power and authority to enter into and consummate the terms and conditions of this Agreement and -11- that, upon execution of this Agreement by all parties, this Agreement shall be valid, binding and enforceable against such party and their successors and assigns. 10. Governing Law/No Presumption. This Agreement shall be governed and enforced in accordance with the laws of the State of Florida. Both parties have participated in the drafting of this agreement and in the event oflitigation, there shall be no presumption in favor of one party over the other in such regard. 11. Term. This Agreement shall remain in effect until completion of the construction of the Improvements in accordance with the terms of this Agreement, and thereafter until the completion in full of all of the terms and provisions set forth in this Agreement, including the Improvements Warranty Period. 12. Desil!llation of . The Joint Users have designated and do hereby designate as the Joint Users' representative to coordinate the activities of the Joint Users provided for in this Agreement, to communicate with the City, the Contractor, the Engineer, W ASD and Prudential, on behalf of the Joint Users and otherwise to expedite the Joint Users' activities hereunder. 13. Notices. Any notice which can or may be delivered pursuant to the terms of this Agreement may be delivered by hand-delivery, certified mail return receipt requested, telecopy or express courier and shall be effective upon receipt if delivered to the parties at the addresses set forth on the first page of this Agreement. Any party by written notice delivered in accordance with the requirements of this Paragraph 13 may modifY its address for receipt of all future notices. 14. Counter:parts. This Agreement may be entered into any number of counterparts which when affixed together shall constitute one (1) original agreement. -12- 15. Bindimz Effect. This Agreement shall be binding upon and shall ensure to the benefit of Joint Users and their respective successors and assigns. 16. Arbitration. Any dispute or controversy arising under or in connection with this Agreement shall be settled by arbitration to be held in the Miami-Dade County, Florida in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction pursuant to the Federal Arbitration Act, 9 U.S.C. ~ I et seq., and the parties to this Agreement consent to the jurisdiction of the Florida courts for this purpose. Any process or other papers under this provision may be served outside the State of Florida in the same manner provided with respect to notices under this Agreement, provided a reasonable time for appearance or response is allowed. Each party to the arbitration shall appoint one arbitrator and the two arbitrators so appointed shall appoint a third arbitrator. The parties shall be afforded reasonable prehearing disclosure of relevant information. Each party to the arbitration shall have one day to present its case to the arbitrators and the arbitrators shall be instructed to make their award no later than 30 days after the date of the closing of the hearing. The arbitrators may provide that the costs, expenses and attorneys' fees incurred by the prevailing party in connection with the proceeding will be paid, in part or full, by the other parties to the arbitration. The parties will be entitled to injunctive relief to restrain any breach or threatened breach of this Agreement pending the resolution of a dispute pursuant to this Paragraph and no bond or other security will be required in connection with such injunctive relief. [SIGNATURES ON FOLLOWING PAGE] -13- IN WITNESS WHEREOF, Joint Users have caused these presents to be executed in the manner and form sufficient to bind them as the date and year first above written. Signed, sealed and delivered in the presence of: ., a Florida corporation By: Witness Name: Printed Name Its: Witness Date: Printed Name limited partnership. a By its General Partner: a corporation. By: Witness Name: Printed Name Its: Witness Date: Printed Name Exhibit "D" {MI7S22S0;1} Exhibit "D" {MI752250;I} STATE OF FLORIDA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2003 by , the of Corp., a Florida corporation, on behalf of said corporation. He/she is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC, STATE OF FLORIDA (Print, Type or Stamp Commissioned Name of Notary Public) STATE OF FLORIDA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2003 by , the of , the General Partner of , L.P., a limited partnership, on behalfofsaid limited partnership. He/she is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC, STATE OF FLORIDA (Print, Type or Stamp Commissioned Name of Notary Public) Exhibit "D" {MI752250;1 } EXHffiIT "E" ENGINEER'S CERTIFICATE The undersigned, FORTIN, LEAVY, SKILES, Inc., a Florida Corporation, hereby certifies to INVESTURA, LLC., VENA VENWRA, L.L.C., VENA VENTURA II, LLC, TRG REGINA SQUARE, L m., THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, and the CITY OF AVENTURA (collectively, the "Certified Parties"), with the understanding that the Certified Parties will rely upon the accuracy of the facts contained in this Certificate, that (i) the undersigned has received a draw request from the Contractor on , 200_ (the "Draw Request"), (ii) the undersigned has inspected (A) the Improvements that have been constructed immediately subsequent to receiving such Draw Request, and (B) the Draw Request and the invoices provided by the Contractor in connection with such Draw Request, and (iii) based upon such inspection, the Improvements have been constructed to date in accordance with the Construction Contract, the Draw Request conforms to the terms of the Construction Contract, and the invoices provided by the Contractor supporting such Draw Request adequately support such Draw Request. Capitalized terms used but not defined herein shall have the respective meanings assigned to such terms in the Pump Station Cost Sharing Agreement, dated .2003, between the Certified Parties. IN WITNESS WHEREOF, the undersigned has executed this Certificate as of .200_ FORTIN, LEAVY. SKILES, INC. By: Name: Title: Exhibit "E" STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE) SWORN TO AND SUBSCRIBED before me this _ day of ,200-, by ,~ ~ FORTIN, LEAVY, SKILES, INC., a . on behalf of said . Said signatory is personally known to me or has produced a driver's license as identification. Name: State of Florida My commission expires: Exhibit "E" CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: City Commission ~ Eric M. Soroka, ICMA-CM,~ fnag r Robert M. Sherman, Director of mm nity Servl s BY: DATE: August 25, 2003 SUBJECT: Bid No. 03-8-11-2 Biscayne Boulevard Landscape Maintenance September 2, 2003 City Commission Meeting Agenda Item ~ RECOMMENDATION: The City Commission reject all bids for this contract and re-advertise for bids using more quantitative and descriptive criteria for unit prices to be included in the base bid. BACKGROUND: In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised and opened on August 11, 2003. All contract specifications were reviewed by the Finance Support Services Director, City Attorney and Landscape Architect prior to advertising for bids. Bids were received from six bidders that ranged from $165,000 to $324,202 for the base bid that included mowing, edging, trimming, general fertilization, litter pick-up and irrigation system maintenance. As part of the evaluation process, meetings were held between staff and the landscape architect. The concern was raised that the base bid did not reflect the true annual maintenance cost for this project since the base bid did not include unit prices for seasonal color, mulch and the required maintenance and chemical applications for Royal and Date Palm trees. When these items were added to the base bid, the annual price almost doubled the base bid. Including these prices in the base bid will closely reflect the total cost involved in maintaining the landscape on Biscayne Boulevard, and will provide each bidder with accurate quantities and information upon which to base their bid upon. Therefore, it is recommended that this bid be re-advertised with a revised, inclusive base bid composition to provide for a fair bid comparison process amongst bidders. City Commission August 25, 2003 Page Two There were also concerns raised regarding whether or not the required equipment had to be owned or leased at the time of bid submittal and what type of equipment needs to be stored at the satellite storage area for emergencies, as the bid language was open to interpretation. These requirements will also be clarified in the new specifications. RMS/gf RMS03053 AGENDA ITEM 6-M RESOLUTION NO, 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ENDORSING THE "NO PLACE FOR HATE" CAMPAIGN SPEARHEADED BY THE MIAMI- DADE COUNTY COMMUNITY RELATIONS BOARD AND ANTI-DEFAMATION LEAGUE; PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Miami-Dade County Community Relations Board and the Anti- Defamation League are joining forces to spearhead a campaign designed to unite residents in fighting prejudice and preventing intolerance by empowering individuals, institutions and communities to join together to promote understanding, celebrate our rich diversity, and enhance our position as the desirable multi-cultural destination for conventions, visitors and new businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Section 1, The City Commission of the City of Aventura supports the efforts of the Miami-Dade County Community Relations Board and Anti-Defamation League in the "No Place for Hate" campaign and urges all citizens to participate in this campaign and unite together in appreciation of our rich diversity and shared sense of values. Section 2, This resolution shall be effective immediately upon 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 R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Resolution No 2003-_ Page 2 PASSED AND ADOPTED this 2nd day of September, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, I City Manager BY: DATE: June 23, 2003 SUBJECT: 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 rt A September 2, 2003 City Commission Meeting Agenda Item .,jfL 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 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 1Il,lnc. 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 LOCATION OF PROPERTY Ben Fernandez for Merco Group at Aventura Landings I, II and III, Inc. NE 28 Court at NE 185 Street See Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph SIZE OF PROPERTIES Approximately 8.36 acres (9.02 acres including .65 acre right of way requested to be abandoned) DESCRIPTION IBACKGROUND 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. 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 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 #4 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 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 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: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office Business and Office Medium High Density Residential Medium High Density Residential Business and Office 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 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 Policv 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. Policv 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. Policv 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. Policv 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 Policv 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 dulac 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 Policv 1.5 The City will develop transportation management strategies, such as (but not limited to) traffic 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. Policv 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. Policv 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 Policv 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 Drive 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 Policv 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 Policv 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 Policv 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 Drivewav 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 Desianation 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 9 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 ~ . BERCaW &. RAOC:LL ZONING. LAND USE AND ENV1AON.....ENTAL LAVV 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 (Ol-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 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 outparcel. WACHOV1A FINANCIAL CENTER. 200 SOlTTH BISCAVNe BOULEVARD. SUrrE 850 . MlAMl, FLORIDA 33131 PHONE. 305.374.5300. FAX. 305.377.8222 Ms. Joanne 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 A ventura 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. 1bis 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 reconunendation with respect to the Application. cc: Mr. Homero Meruelo Mr. Jesus Velez Jorge Mouriz, AlA Ed Uorca, AlA Omar Armenteros, P.S.M. Manuel Echezarreta, P.E. Henry Fandrei, P.E. BERcaw & RADELL ZDN''''_, LAND U.. AND .N.,...ON...NT....1.. I.AW IJ Bi!RCOW &. RAD~LL ZONING. LAND USE AND ENVIRON_ENTAL. LAVV DIRECT LINE: (305) 377-6220 E-Mail: Jbercow@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) {(E:. V -# [ 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 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 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 185th Street. The Applicant's architects have submitted a revised site plan dated April 23, 2003 to your offices under separate cover. WACHOVlA FINANCIAL CENTER. 200 BOUni BISCA.YNE BOULEVARD. SUITE 850. MIAMI, FLORIDA 33131 PHONe. 305.37....5300. FAX. 305.377.8222 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 28th 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 185th 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 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 A ventura 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 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 BERCaw &. RADELL :ll:ON...._. LAND U.. _D ._,...........__. ......... Ms. Joanne Carr 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 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 185th 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 28th 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 A ventura BERcaw & RADELL ZON'''''O. """"ND U.. AND .NVI..0N.......,.,..... """"_ Ms. Joanne Carr 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-Ia 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 envirorunent. 5. Gara~e 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 BERcaw & RADELL __...LO_ . __._ ____ ____ ________a_____ Ms. Joanne 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 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 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 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 BERcaw &. RADELL aON''''''. LAND U.. AND ....v...O......NT...... ......_ Ms. Joanne 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 commerciill corridor makes a successful commerciill 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 Residentiill 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 commerciill areas to the east. Furthermore, the approvill 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 185th 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 185th 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 illso 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 Residentiillland 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. BERcaw &. RADELL &ONIN., .......D U.. AND .Nv'..o.............<- ......_ 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 28th 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 Band 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 Citv of A ventura 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 Mana~ement Element. According to information provided by the Community Development Department, 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. BERcaw 5. RADELL ZaNING, L.At.OD u.. _0 .N"'..ON....NT...L ......w Ms. Joanne Carr April 24, 2003 Page 8 Policv 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 Meruelo Mr. Jesus Velez Jorge Mouriz, AlA Ed Llorca, AlA Omar Armenteros, P.S.M. Manuel Echezarreta, P.E. Henry Fandrei, P.E. BE.RCOW &. RADE.LL &ONI"_. LAND U.. ....ND ......._~~~_..__. . ~~ BROWARD COUNTY ..---.-.-- DADE COUNTY ;1 'I , .. :. :~ :' :' :. :' '. , .. :. , :' :' :' :' :' :. .. . .. . IVES DAIRY RD. :" .. :' :. :' :' :. .. :. :. :. :. :. :' :' :. :' '. :. :- :' :. .. ~. ~ :. :. :. w :. X :' 0 :. s: :. :' :' MIAMI :" .. GARDENS DR. ;. n ,----------~ "l .....n..,...'-r.:-n.:-;..-;:. L '\ -'.___ _ _ In ...." ..............." .............. r;;:; Gulfslream YACHT LUB DR. I Park a MARINA . '. COVE . ~ HARBOR CIRCLE . Ilf; r~ WAY l\'lel'. -NjI.'/ ~ \ Waterways WATERWAYS ~', Shoppes COUNTRY CLUB OR. l S:? \) C~~k \j -~~ Cs. (] (\ {/ g III Z i.Ii 8 201 TER. Tur~rry Is/e Resort '" Club 192 ST. Loehmann's Fashion iii Island :i( '" C\I 190 T. ~ .... III Z i.Ii () o 1 Atlantic Ocean LEGEND e Roadways . . . . . . City Boundary ZIP Code Boundary __uu_____ Railroad 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, lNC. (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 Department; 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 185th Street extension, as well as dedicate needed right-of-way for N.E. 185th 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 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 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. Recordin~ of the Development A~eement. 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 (b) 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 9163.3225, Florida Statutes. City approval shall not unreasonably withheld provided that the City finds that the Owner has complied with the obligations applicable to OWI)er 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, 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 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. 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 .2003. WITNESSES: MERCO GROUP AT AVENTURA LANDINGS I, INC By: Print Name: Print Name: Title: Print Name: WITNESSES: MERCO GROUP AT AVENTURA LANDINGS II, INC By: Print Name: Print Name: Title: Print Name: WITNESSES: MERCO GROUP AT AVENTURA LANDINGS III, INC By: Print Name: Print Name: Title: Print Name: CITY OF A VENTURA, FLORIDA Attest: By: By: Theresa Soroka, Clerk Eric Soroka, City Manager EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY [INSERT LEGAL DESCRIPTION FOR A VENTURA 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 28th 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 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 28th 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 Bercaw Address: Bercaw & Radell, P .A. 200 South Biscayne Blvd., Suite BSO Miami, FL 33131 REVISED IUNE 19. 2003 (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 "8: 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-CPA-03 1 NOW THEREFORE, in consideration of the premises, Owner hereby freely, voluntarily and without duress agrees as follows: 1. 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. 2. 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. 3. 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. 4. 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 g. 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; i. 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 m. 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. 5. 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. 6. Enforcement of the declaration shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party. 7. No combination shall be approved where approval would allow a violation of any other provision of this chapter. 8. The maximum residential density on the Property shall not exceed 45 dwelling units per gross acre. 3 9. 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. 10. 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 ot 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. 11. Invalidation of anyone of these covenants, by judgment of Court, shall not affect any of the other provisions, which shall remain in full force and effect. 12. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone 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. 13. 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. 14. 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 day of ,2003. WITNESSES: Print Name: MERCO GROUP LANDINGS, I, INC. By: AT AVENTURA Print Name: Print Name: Title: WITNESSES: Print Name: MERCO GROUP LANDINGS, II, INC. By: AT AVENTURA Print Name: Title: Print Name: WITNESSES: MERCO GROUP LANDINGS, III, INC. By: AT AVENTURA Print Name: Print Name: Title: Print Name: 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 - tttt.~ l~ giving our students the world Administrative Director Ana Rijo-Conde, AICP April 7, 2003 Miami-Dade County School Board Dr. Michael M. Krop, Chair Dr. Robert B. Ingram, Vice Chair Agustin J. Barrera Frank J. Bolanos Frank J. Cabo Perla Tabares Hantman Betsy H. Kaplan Dr. Marta Perez Dr. Solomon C. Stinson 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 Superintendent of Schools Merrett R. Slierheim Dear Ms. Carr: 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 address the impact of proposed re~idential 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 0 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 "RR 1" are funded for construction and S/S "D" is currently funded in the facilities five-year work program for site acquisition, and for school construction, However, although it is possible that this school will serve all or a portion ofthis 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. 1450 N.E. 2nd Avenue, Suite 525 . 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 merits 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 foryourconsideration and continued partnership in our mutual goal to enhance the quality of life for the residents of our community. PG:am L-953 Attachment cc: Ms. Ana Rijo-Conde Mr. Fernando Albuerne Mr. Ivan Rodriguez Ms. Vivian Villaamil SCHOOL IMPACT REVIEW ANALYSIS APPLICATION: Aventura Landings REQUEST: Land use change from Business and Office to Residential and a rezoning from B2 (Community Business) to RMF4 (Multi-family High Density) ACRES: .72 acres LOCATION: NE 28 Court and NE 185 Street NUMBER OF UNITS: 380 units ESTIMATED STUDENT POPULATION: 156 students. ELEMENTARY: 84 MIDDLE: 38 SENIOR: 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 CAPACllY PERMANENT % UTILIZATION FISH DESIGN CAPACllY PERMANENT NUMBER OF PORTABLE STUDENT STATIONS % UTILIZATION FISH DESIGN CAPACllY PERMANENT AND RELOCATABLE Ojus Elem 902/ 355 254 %/ 134 184%1 986* 278%* 202%* Highland Oaks 2385/ 1121 213%/ 270 171%1 Middle 2423* 216%* 174%- Dr. Michael M. 3556/ 2366 150%/ 79 145%1 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 Elementarv: Access to computers: In each classroom, in special computer labs and media center Capital Improvements since 1990: None Recognition for Academic Achievement: Platinum Award for being an "An School and Superintendent's Recognition Award Special Programs: Before/After school care Enrichment classes Lunch schedule: Begins at 10:15 a.m. Non-instructional space utilized for instructional purposes: Cafeteria, Library, Art Room, Music Room and A V Room Teachers required to float/travel: Art, Music, Spanish S/SL, CCHL and ESOL Hiahland Oaks Middle: Access to computers: In each classroom, special computer labs and Media Center Capital Improvements since 1990: Cafeteria and Media Center Recognition for Academic Achievement: "A" School Special Programs: None Lunch schedule: Begins at 11 :28 a.m. Non-instructional space utilized for instructional purposes: Auditorium and Media Center Teachers required to floaUtravel: Gifted Science Dr. Michael M. Kroo Senior Hiah: Access to computers: In each classroom, in special computer labs and Media Center Capital Improvements since 1990: None Recognition for Academic Achievement: Seaman's Award for the AP Test Scores in Math and Science Special Programs: Magnet programs, Vocational Lunch schedule: Begins at 10:18 a.m. Non-instructional space utilized for instructional purposes: Art Gallery, Storage rooms, Offices and Resource rooms Teachers required to floaUtravel: Social Studies PLANNED RELIEF SCHOOLS IN THE AREA (information as of March 2003): School State School "PP1" Status Planning Occuoancv Date N/A State School "RR1" Site Search In Progress N/A State School "D" Site Search In Progress N/A 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 MIDDLE SENIOR 84 x $13,185 = $1,107,540 38 x $ 15,118 = $ 574,484 34 x $ 20,005 = $ 680,170 Total Potential Capital Cost $2,362,194 . Based on Information provided 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) ::~:;:lllllltlflltlI1:1'1'~'III~I'i~1 ~11'11'111~1: ".'1'1< PINNACLE PARK LTD. E of NE 26 Ave. Unitsl HIGHLAND OAKS ELEM-11 Bce APPROVED #02-084 and 5 ofNE 211 20 Students HIGHLAND OAKS MID-5 5/23/02 Terr. KROP SR-4 Note: There are two application that 15 pending which would generate 174 students. HIGHLAND OAKS ELEM 119% . .... :%?hz:S~:~Hf.~~:~~Wm%t:::..1%. HIGHLAND OAKS MID 172% KROP SR 3556 4 146% TOTAL 7005 20 7025 4203 535 148% AVENTURA.xls Updated 4fl nOO3 Revised 1/16/03 -.'-,.~~-~ .__..'--~- _........_~'._-- ~ "- Ul - o o J: U tJ) ... Gl +' ... m J: o Ul - o o J: U tJ) U '<t o o N I l'l o o N ..... -te .<11 ,C' .0 ~ ~ ~ E ~ . ~ :i ~ it i . I") c:: ::II M E E ~ it . ~ .(~. ~ ~ ,... 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Gl5~ao6.:~ii~1!3t: ~~i~~:!!:~!~~;fi &~'2J .Q.g~ .~~=::J; C t i !. :I :I ! e J & j ~ : i E S, t ~:i';iii~~~~~.nci:~:: eeeGGGeeeeeee6e 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 Florida 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 Commission agreed to approve a residential zoning designation on the subject property, conditioned upon the acceptance of a Plan amendment; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission believes it is in the best interest of the public to amend 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 Desianation. The future land use map designations of three tracts of land described as Tracts A, Band 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. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. 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 yes yes yes yes yes yes yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach 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. JEFFREY M. PERLOW, Mayor ATTEST: 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 310.86 feet, of the following described property: A portion of the Southwest 1/4 of Fractional, Section 3, Township 52 South. Range 42 East, Miami-Dode County, Florida, being more particularly described os 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 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 0 point on 0 curve (said point bears S 0"8'15" W from the radius point of the next described circular curve); thence Southeasterly, along 0 circular curve to the left (concave .to the Northeast), having 0 radius of 694.69 feet and a centrol angle of 0"6'30" for on ore distance of 1.31 feet to 0 point of tangency; thence S 89"58'15" E, along o fine parallel 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 1/4 of said Section 3, for 431.94 feet; thence S 0'00'45" W, along the W.sterly right-of-way line of NE 28th Court and its Southerly prolongation os recorded in Official Records Book 6088, Page 160 of the Public Records of Miami-Dode County, Florida, for 760.62 f.et; thence N 89"59'25" W, along 0 fine parallel with and 449.91 feet South of, os measur.d at right angles to the North fine 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 fine of the Southw....t 1/4 of the Southwest 1/4, of said Section 3, for 449.95 feet to the POINT OF BEGINNING, lying and being in Miami-Dode County, Florida. Tract B: Th. 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-Dade County, ,Florida, being more particularly described os follows: ' Begin at the Southwest comer 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 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 0 point ,on 0 curve (said point bears S 0"8'15" W from the radius point of the next described circular curve); thopce Southeasterly, along 0 circular curve to the left (concave to the Northeast), having 0 radius of 694.69 feet and o centrol ongl. of 0"6'30" for on ore distance of 1.31 f.et to 0 point of tangency; thence S 89"58~15" E, along o fine parallel 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 1/4 of said Section 3, for 431.94 feet; thence S 0'00'45' W, along, the Westerly right-of-way fine of NE 28th Court and its Southerly prolongation os recorded in Ofrlciol Records Book 6088, Page 160 of the Public Records of Miami-Dode County, Florida, for 760.62 feet; thence N 89"59'25" W, along a fine parallel with and 449.91 feet South of, os measured at right angles to the North fine 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 fine of ' the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 449.95 feet to the POINT OF BEGINNING, lying and being in lIiami-Dod. 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 FractiO!1al Section 3, Township 52 South, Range 42 East, lAiami-Dode County, Florida, being more porticularly described os follows; Commence at the Northwest comer of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of the southwesl 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 Southeast 1/4 of the Southwest 1/4 of lIoid F roctional Section 3, 0 distance of 90.17 feet to the point of intersection with East right-of-way boundary of Northeast 28th Court os described in that certain right-of-way Deed to Dode County, filed on September 10, 1988, in Official Records Book 6088, Page 160 of the Public Records of lAiami-Dode County, Florida, being the POINT OF BEGINNING of the porcel of land hereinafter to be descnDed; thence run S 0"00'45" W along the aforesaid described line, a distance of 361.28 feet to the point of intersection with 0 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 run N 89'57'54" E along the lost described line, 0 distance of 200.28 feet to 0 point. said point being 46.75 feet West of the East bounda7 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional 3; thence run N 0"00 45" E along 0 line that is 200.28 feet East of and parallel to the said Easl boundary of Northeast 28th court, 0 distance of 361.18 feet ta the point of intersection with the North boundary of lh. Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3, thence run N 89"59'25" w along the lost descnDed line, 0 distance of 200;28 feet to the POINT OF BEGINNING. fi' .:..-..... ... I' .~ ,~~~ k. PLlCANT REPRESENT A T1VE AFhuA VIT Pursuant to Section 31-71(b)(2)(ij of the City of Avenlura Land Development Code, this ApprlCallt Representative Affidavit is hereby made and submitted. The lJ1dersigned authorized representative of the i1c:fMdual or entity appty;ng for the Development Permit, which is identified il the accompanying appl'tcation, and the owner of the property subject to the application (d dIfferent) hereby lists and identifies an persons representing the ildividual or entity applying for the Development Perm~ i1 connection wi1h the apprlCation, as follows: Name Ben Fernandez. Esq. Mouriz/Salazar & Assoc. Relationship /i.,. All",",)'$. Atthilecfs, l.endscape M:I1necfs, Engine.,., LoIlbyists, Ele.} Attornev Architects Engineer Manuel Echazaretta (Attach Additional Sheets If Necessal)') NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON mE APPUCANT REPRESENTATIVE AFADAVIT SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR mE DEVaOPMENT PERMIT AND mE OWNER OF mE SUBJECT PROPERTY. APPUCANTS AND AFAANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AffiDAVIT PURSUANT TO SEC. 31-71(B)(2)(1V) OF mE ClTY'S LAND DEVaOPMENT REGULATIONS IN mE CITY CODE, IN mE EVENT THAT PRIOR TO CONSIDERATION OF mE APPUCATION BY mE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AF AVIT BECOMES INCORRECT OR INCOMPLETE. Addr~: 200 S_ Biscavne Blvn , # 850 , 2OQ3, By: "'""'- (Signature Name' Ben Fernandez (Print) 1lle: Attornev Name: Meruelo Tille: Addr~: Miami _ FT, 'n1~1 M;::Ilm; 'Ra.:II,...h. 14'T. ~'31~ STATE OF FLORIDA ) COUNTY OF MIAMI-OADE) Romero Meruelo & Before me the undersigned authority personaUy appeared Ben Fernandez as the authorized representative of the Applicant and/or the owner of \he property subjecllo \he application, who being fIlS! by me duly sworn, old swear or affirm that he/she executed this Affidavit for the pulpOSeS stated therein and that It is true and correct. G) BEllY UERENA MY CiO... Uh)N. DO 0DI5I887 ElCPIlES: FebNoIy 10. aooe ,~ R....,......'~m . SWORN TO AND SUBSCRIBED BEFORE ME this 3 ;iay of J.eb.. ~ E of Florida M. Large P led of Nolaly Y commission expires: . ,~& buSINESS RELATIONSHIP AFFIDA\.. t This Atftdavil is made pursuant to Section 31.71 (b)(2)(ii) of the City 01 Aventura Land Development Code. The undersigned Atfl3.nt hereby discloses that (mark with 'x' applicable portions only) bd ,. Atfl3.nt does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the appfication will be presented. [ 12. AJliant hereby discloses that ij does have a Business Relationship with a member of the City Commission or a City Advisory Board \0 which the application will be presented, as follows: serves). (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member '. The nature of the Business Relationship is as follows: ( )1. Member of City Commission or Board holds an ownership interestln excess of 1 % of total assets or capital stock of ApprlCant or Representative; (I U. Member of City Convnlsslon or Board Is a partner, co-shareholder (as \0 shares of a COrpollltion which are not listed on any national or reglonal stock exchange) or joint venturer with the Applicant or Representative il any business venture; [ I m. The ApprlCant or Representative is a CHent of a member of the City Commission or Board or a Client of another professlonal working from the same offICe or lor the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ J v. The ApplIcant or Representative is a Customer of the member 01 the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, ( I vi. The member 01 the City Commission or Board is a Customer 01 the ApplIcant or Representative and transacts more than $25,000.00 01 the business 01 the Applicant or Representative In a given calendar year. DAY OF MARCH ~~2002 B. Name' Title: (Signature) PrinQ (Print) ESS MY HAND THIS ---...:. DAY OF PROPERTY OWNER: .2001. By: Name: Title: (SIgnature) (Print) (Print) . 'The teons "BusIness Relationship,' "Client,' "Customer,' 'App/'IcaIl~" "Representative" and "Interested Person" are defined In Sec/l0II2-395 ollhe Aventura City Code. . ,- . .- ~~ Signature) By: (Signature (Prillt) Name: IPrint) Tille: (print) Title: (Print) By: (Signa/ure) By: (Signature Name: rPrint) Name: (Print) TilIa: (print) Title: (print) By: (Signature) By: (Signature Name: (PrInt) Name: (PMtJ . Tille' (print) Title' (Print) By: (Signature) By: ISignature Name: (Print) Name: (Print) Tille: (print) Tille: (Print) By: (Signature) By: (Signature Name' (Print) Name' (Prillt) Tille: 1Prinl) Tille: (Print) By: (Signature) By: (SignaIure Name: (print) Name: (PMtJ Tille: (Print) Tille' (print) NOTE: 1) Use duplicate sheets If dlsclo$ure Infonnatlon lor Rep~entaUve varies 2) Appllcants and A1fl3llts are advised III lImely supplemenl1hls AIlIdavlt pursuant III Sec. 31-71(b)(2)(1v) of IIIi' City's Land Development Regulations In III. CIty Code, In lIIe event)hat prior III cons,lderatlon ofllle appBcalIon by 11I0 CIty Board or Commission, 11I0 information provided In the Alfldavlt becomes Inconect or Inccmplete. ,'v^\'; ~i\,.( \' " '. :, _'~ii:' " ':,.4: -, ....- ~ HOT~RlZA~OHPRO~~OH &T"TEOf~ I COUf(lYOf~ 11<"'" ..., .... U'de<>lQnod M>o<i:y, pe<>ana.... __ Harem MeruelG MW>l. .... barQ Iicsl by ... d<it """" d'd <weal or IIr... Ilal M/Slle .~ ..... Molaoit 10<'" pucposas sIotled ...."'it ard INll ~ "'" &nd cooed. ~~~. Y MY COMMISSION II 00 095991 E)(pIRES: February 27. 2006 1-8>>3-NOTAAV R.NaWY~&I3a(lCing.Inc. Feb. ~T ~~~. rinled Name oIHo1art loIyalCl1ll'oh5iooo'l'i"" . &T~TEOfR.lll\1lll. 1 .COUKlYOf~ Ilrixt me,.... ~ 1Ulhorily,,.....,.ay~ _.-I1IoMidMIo<....pucposas&lalad......itardlllllls""'ard- ...~"""'beitQ Iicslby....d<it......diI.......or_1IIl N'fWO' SWOON TO 1M) SU1lSCRIaeDbeforo ...1IIs_clayal .~ NalaIyNllo 61ale 01 ~ 1lu.ve piinfod Name oIKotaiy My axMUslon O'll"'" ST.o.TEOfR.O!llll.o. I COUtIIYOf~ ee"'" ....IN ~ lulllocity. peaoaally_l<<l _ ollllOlied Ills MlllaoOt 10<.... _-.lI1<..itard lhalllslnHl ard "",<<1. .... MWIl....m beitg....by me d<it......d'd....... or_hi AFfWIT SWOON TO 1M) &lJ8SClWl6l\lelolG ....1IIs_day 01 ~a HoloIyNllo_ 0I1\o1'd11lu.ve l'1lrU4_al~ My01R....b.'1~l\.~ ST~TEOf R.lll\1llI. I COUlIlYOf \!L\Io\Hlo'DEl 110... .... "" ...<Ioc>llQ.lOd outo.oclly, pocscody __ .... MII!t, ""'" beilg W. by .... oluly --. dil ...., or _Ilal _.-.led ""MidMIor",,_&Ialad ......itord 1\&1\10 "'" ardcooed. IoAW{r SWOONTOH<<l8lJ8SClllBeDbe.......I1Io_dayol .~3 HoWyNllo&lUl 0I1\o1'd11lu.ve Pdnlod Name oIlloWy Uy""",._J:ss\oc,~ " -- ~. -- -----,- r'- 11 .........-~ BUSINESS RELATIONSHIP AFADAVIT* This Nf"Klavil is made pursuant to Section 31-71 (b)(2)(iij of Ihe City of Aventura Land Development Code. The undersigned Afflallt hereby cflSCloses !hat (mar1< with 'x' applicable portions only) ~1. Afflallt does not have a Business Relalionship with any member of the City Commission or any City Mvisory . Board to wlllch the appncalion wl1I be presented. [ 12. Afflallt hereby cflSCloses !hat tt does have a Business RelaUonship with a member of Ihe CiIy Conunission or a CiIy Advisory Board 10 wlllch the apprlCalion will be presented, as follows: (list name of Commissioner or Advisory Board Member) who selV8S on the (list City Commission or City Advisory Board upon wl1lch member SelVes). The nature of Ihe Business Relationship Is as follows: [ ] I. Member ot CiIy Commission or Board holds an 0Wl18lSl1i> inlerest in excess of 1 % 01 tolal assels or capital stock of ApprlCal\t or Repcesentative; 1I i Member 01 CiIy Commission or Board Is a par1ner, <:O-$hereholder (as 10 shares 0111 oorporalion which are not &sled on any nalional of regional stock exchange) or joint venn.er with Ihe Applicant or Representative in any business venture; [ ] iiI. The Appbnt or Representative Is a Client of a member ollhe City Commission or Board or a Client of anolher professional wor1<ing trom 1I1e same ol1Ice or for lhe same employer as Ihe member ollhe City Commission or Board; [ I iv. A CiIy Commissioner or Board member is a Cnent ollhe Applicant or Representative; (I v. The Apprtcallt or Representative Is a Customer of lhe member of lhe CiIy Commission or Board (or of his or her employefj and Iransacts morelhan $10,000.00 oflhe business of lhe member of lhe City Co ISS or Board (or his or her employefj in a given calendar year; er of Ihe City Commission or Board is a Customer of the Applicant or Representative and more Ihan $25,000.00 of1he business 01 \he ApprlCal\l or Representative In a given year. S~DAYOf Februarv .2OOJ ure) 1 Prtnt} MY HAND lffiS 'J.lPDAYOf February PROPER OWNER: .200] ,., / ' ~,<:-<;: .' ~~~,. ?)... .,' ...-. ";c- ~I'.~. . t ':: .,,:~~iti: ~_. . .' ....t.. ,1, ... ',~.s' . By: Name: TI\le: (Signature) fPrtnQ (pdnQ "7he lenns "Business Relalionship," "CIien~" "Customer," ").ppIican~" "Representalive" and 'lnteresfed Person" alll defltled In S<lcIion 2-395 of rhe A\/lltIIura City Code. WITNESS MY HAND 'THIS ---3....- DAY OF Februarv 200 3. on Business Relalionship Nfldavil) By: By: (Signature Name: (Print) Name: (Print) Tille: Attnrnpy (Print) Trtle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Trtle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (PriIIQ Tille: {print} Title: {PrinQ By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Trtle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) TrtIe: (Print) Tille: (Print) By: (S/gna1ure) By: (Signature Name: {prinQ Name: (PrinQ Tille: (PrinQ Tille: {print} HOTE: t) Use duplicate sheets If disclosure InfonnaUon for Representative varies 2) AppUcants and Afflallts are advised to timely supplement this Affidavlt pursuant to Sec. 3t.7t(b){2){1v) of the City's Land Development RegutaUons In the CIty Code,ln the event that prior to conslderaUon of the appllcatlon by the CIty Board or Commission, the lnfonnatlon provided In the A.ffidavlt becomes Incorrect or Incomplete. NOTARIZATION PROVISION STATE OF 'U)RlDA I COUNTY OF M1MIHWlEl Belore me. the unde<>igned aulhocity. pel>OOaly oweare<fRpn Fprn"nnp heIshe allOClJlod I1is Mdaw 10< the putpOSes staled ""..In and ""t lis lnIe and o>rred. FIANT SWORNTOANOSUBSCRIBEDbelo<emel1is..3_dayol-Eeb. ~2OO3't~1 /9ytP/( ", G) BETlY LLERENA N P . tl MVCOMMISSION # oo0959S7 ~ ~ ::. EXPIRES: Fabtualy V. 2006 P Name olaty 1~_ R.__''''''''''.Inc. Mycommissione",..s: , STATE OF R.ORIOA I .COUNlY OF MIAMHIADE) Beb1 .... "" unde<signed authorily, pel>OOaly oweare<f heIshe ellOClJlod I1Is AllidaMlIo< the pIllPOSO$ staled ......In and Ilallls lnIe and o>rred. the MIaI'I. wllo being i<sl by ... dlAy ...,." did sweat or alI'lI11\ flat AFFIANT SWORN TO AND SU8SCRlBED belo<e ...11is _ day 01 2001. Notary P1bIic Slate 01 _ M lalV' Printed Name 01 Nolary My commission expires: STATEOFR.ORIDA I COUNTY OF M1AMHlADE) Belo<e me, the unde<>igned au1horiIy, personally appeared heIshe el3lQJ1ed I1is Mdaw 10< the purposes sla1ed therein and flallls lnIe and lXXTecl. ll1e Alf..n~ wllo being fils! by me duly ...,." cflC! swear or a[1I11\ \hat AFFIANT SWORN TO AND SUBSCt118ED belore mel1is _ day 01 2001. NolartNlicS1ala olFbldaMlaJge PMIsd Nama 01 NoIary My COlM1issIon e",no: STATE OF R.ORIOA I COUNlYOFt.IIAt.II~ IleIam me, .... undel>lgned authortly, pe<>analy appeared haIsIla ellOClJlod I1is Mdavlllo<.... putpOSes staled ""nm and Ilallls lnIe and o>rred. .... Alflal'l. wllo being i<sl by me duly ...,." cflC! sweat or a[1I11\ flat AFFIANT SWORN TO AND SUBSCRIBED belo<e me I1is _ day 01 2001. Notary P1bIic StaIs 01 Fblda M laJge PMIsd Nama 01 NoIary My oo"".......",..s: -. .......~ BUSINESS RELATIONSHIP AFADAVlTt Thls Affidavit is made pursuant to Section 31-71 (b)(2)(iij of the City 01 Aventura land Development Code. The undersigned Afflal1t hereby d'lSCloses !hat (marl< v.itf1 'x' applicable portions only) ~1. Affliil1t does not have a Business Relationship with any member of the City Cortvnission or any City Advisory . Board to whicl1the applicallon will be presented. Affliil1t hereby d'oscloses !hat k does have a Business Relalionship v.itf1 a member 01 the City Commission or a City hMsory Board to which1l1e appIicalion will be presented, as follows: (list name of Commissioner or Advisory Board Membe~ y,11o selVeS on 1I1e (Ust City Commission or City Milsory Board upon which member [ )2. selVes). The nature 01 the Business Relationship Is as IoI1ows: ilL [I i. [)iii. [) iv. Il v. By: Name: l1IIe: Member of City CommIssion or Board holds an ownership Interest in excess of 1%01 fetal assets or capital steck 01 Applicanl or Representative; Member 01 City Cortvnlssion 0( Board Is a partner, CCHlhareholder (as 1D ahares 01 a corporaIion which are not listed 00 any national Or regional stock exchange) or joint venturer wtth the Applicant or Representative il any business venture; The ApprlCanl or Representative Is a CHent of a member 0I1I1e City Commission or Board or a Client of another professlonal working from the same office or for 1I1.e same employer as the member of \he City Cortvnission or Board; A City Cortvnlssloner or Board member is a Client of the Applicant or Representative; The ApprlC8l'lt or Representative Is a Customer of Ihe member 0I1I1e City Commission or Board (or 01 his or her employe~ and ~ansacls more Ihan $10,000.00 of the business ollhe member of \he City Commission or Board (or his or her employe~ in a given calendar year, ember 01 the City CommIssion or Board Is a Customer 0I1I1e Applicant or Representative and cts more Ihan $25,000.00 01 the business of the ApprlCBl1t 0( Represenlative in a given year. llilS~AYOF Feihruarv .200J Signature) PrInt) MYHANDlHIS.::>\t' DAY OF February .2003 (Signature) IPrfnQ (Pdnq "The /enns 'Business Re/aJionshlp,' "CIienl,' "Cllsfomer,' "Appl'1Ca/1~' "Representative. and 'lnteresled P/lISOO' are defined h Section 2-395 of the A_tura CIly Code. " WITNESS MY HAND nus _ DAY OF February ~3 By: (Signature Name: (Print) Title: Architect (print) nle: (Print) By: (Signature) By. (Signature Name: (Print) Name: (Print) Tille: (print) Tille: (print) By. (Signature) By. (SIgnature Name: (print) Name: (Print) . Tille: (PrinI) Tdte' fPrint) By: (Signature) By: (Signature Name: (Print) Name: (PrinQ Tille: (Print) Tille: (Print) By: (Signature) By: (Signa/ufe Name' (Print) Name: (Print) Tl1le: (Print) Tille: (Print) By. (Signature) By. (Signa/urIl Name: (PrinI) Name: (Print) Tille' (Print) Tille' (print) NOTE: 1) Use duplicate sheets It disclosure Information lor RepleSelltaUve varies 2) Applicants IRCI AllIants are advlsed to Umely supplemenllhls Affidavit pursuant to Sec. 31-71(b)(2l(1'1) ollhe CIly's Land Development RegulaUonsln lIIe City CocIe, In lIIe evenl)hat prior to coRS.ldmUon of lIIe appllcaUon by the Clly Baanl or Commission, the InIQnnalion provided In the Affidavit becomes II\COneC\ or Incomplete. , NOT ARIZA liON PROVISION liTATEOfI\.Cllllll^ I COOlllY Of l.l\MlI-OoIDEl . 80m"'. tlo ~ Mmy, pe<SOlUly __George M::>uriz ... M.......oo bo<lg r..t by mo dcJy """'" cfd......, oc 1~""1\al _._ ....lJrdavi Ix'" p<Jl!lOSIs slaled....... ard "'Ills We ard_oct. - <layd Feb. ~ .201. . liTAlE Of fU)IlIllA I .COOlllYOf~ 8om.........~aut.ority.pIISOI1aly~ _.-M4I>1s-...llChI___ardlwllIsWeard- ... /ofIMC. """ bel'l,l i<>lby... dol( """'" cfd I'/IAlOC &11m I\al mwIT SWOfIN to >>IIl5UllSClllBen belonl me I>Is _ dayal . ~ NolaIy PWIC &talo of f1o<\da foI.l&lge PMlod Nama of HotllY My cocmissIoa ""kes: liTAlEOfR.ORlllA I CCUNTYOf~ BeIore ..., !he ~ &Ull'oo<ity, pe<>OMIIy _red _ .lOIl>Il<<lIhlsM<Ia'lilIlC.... pu__ ",..lnard lhatllsw. ard_oct. !he Ml&l\l.whobe~ IlsIbyme doJIf.......d"d owwoc.-IW mWlT SWOfINTO ml SUSSCI\lIlEll beIore........ _day of 201a Kolo/l'PWlCWl alfbIla foI.l&lge Pti1lIdNamaofKolo/l' Uyo:xtuht'ja.l~ liTAlEOf fU)IlIllA I COUKlYOf Io\W.\Hl.'DEl 80m ..... "" undt.oIQao4 eulhocly,,......ay -- MhM.-M4I>1s_llCtlo_-_1nandlwllls\Uoand_ tlo -. who being r..t by ... tMy ...... dil ...., oc &11m lhat mwIT SWOf\N 10 NC SU8SCI\IIleD beIore...1>Is _day aC .2005 Ilol;uyPWIC&1aIo off1o<\dafol.l&lge PMIodNam&alNolaIy L(y\MI.'J:ssIon~ .....~ -. 'l......~ BUSINESS RELATIONSHIP AFADAVrr* This Afrldavil is made pursuanlto Section 31-71 (b)(2)(iij olthe City of Avenlura Land Development Code. The undersigned Afr1allt hereby cflSCloses that (mark wiIh 'x" apprlCable portions only) ~1. Afrlaflt does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the appUcatlon WIll be presented. [ ]2. Afrlafll hereby cftsdoses that ~ does have a Business Relationship wiIh a member of the City Cortvnission or a City AdvisoIY Board to which the appf'lCatlon will be presented, as follows: (Lis! name of Commissioner or Advisory Board Membe~ vmo selVeS on the (Ust City Commission or City Advisory Board upon whlcf1 member seMlS). The nature of the Business Relationship Is as follows: [ ] l Member 01 City Commission or Board holds an ownen;h" ille<es\ in excess oIl % ollotal assets or capital stock of AppfICalll or Representative; [ I i Member 01 City Commis3Ion or Board is a paMer, co-shareholder (as m shares of a CDIpOlaIion which are not listed on any national of regional stock exchange) or joint venturer with the Applicant or Representative il any business venture; ( I iii. The AppflCant or Representative is a C6ent 01 a member 0/ the City Conunlssion or Board or a croent 0/ anothar professional WIlll<ing from the same office or for the same employer as the member of the City Commission or Board; 1llle: [)Iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (I v. The Approcant or Representative is a Customer of the member 0/ the City Commission or Board (or of his or her employe~ and transacts more than $10,000.00 of the business of the member 01 the City Commission or Board (or his or her empIoye~ in a given calendar year, [ I vi. The membl!l 01 the City Commission or Board is a Customer of the Applicant or Representative and $25,000.00 of the business of the Applicant or Representative in a given 'OAYOF Februarv 200J M' Home 0 Merue 0 ura) ~ I) MYHANOllilS_OAYOF February .2003 By: Name: Tille: (Signature) fPtfn~ (PIfn~ 7he tenns 'Business Re/alIonshIp: "CIien~" "Customer: "App/'IcaI1~" "RepresenlalNe" and 'lnIerested PeISOI1" ars defined In SecIion 2-395 of rhe AV'ef1tutll City Code. rnESSMYHANOTlilS '2~DAYOF ~~~~g A AlIVE: BuGi Aelallonslip AllIdmil) turn) By. (SIgnature Name.M<<I'~~ Name: IPtinl) TIlle: ~/~~ ffl} i~ (PrinI) . ~.6VG"/"'~ ~ /..a::. ey: ($igt!alllrs) By: (Signatu(e Name: fPrint) Name: (Print) ilk (PrinI) litIe: (Pdnl) By; (S/gna1ure) By. ~ Ntme: 'PM/) Name: (Print) 'lk (Ptfr1tJ '1118' (PdnJ) By: fSignaernl By. (Signatwe Nama: (PIi<1tJ Namll: fPtil1I) - illle; IPdnI) 11lfe: (Pdnt) By: (Signature) By: (SigIla/ute Nama: (Prinl) Name: (ptinl) TItIG: (Prinl} illle: (PM) By; ~) By: (S~ HaIns: (PdtlO Nama: fPdIII) Tolle: IPrinI) itl8: (Prill) . MOlE: 11 Uce dupllcale IIIeIIfs If ~ ktfomatlon for Aepresentlllve varies 2\ Ajlpbnll ud Alrranls Ire Idvlsecl1lCl tlmely IC$plement lIIk Anlda'lft purallllll1lCl Sea. al-71{b)(2l(l\1 at Uti Clty'aland DeVllopnlent RegulatIans III 1II~ CIty Codf, 1lIll\e 1'/elIt)llal ptlar ro COnsJdel'atlon CI tile Ip~ by Ihe CIty Boarder Camm/sslan, 1lI1tnramallon ~ In the Altldavlt bet:amu I1Ic:clmct Ill' Incomplete. - KOT~noKPRO~~ON STAt<. OF I'LOIlDII I Cl)(,l{lYCf~ . 8om....1l-oo \nl<lRig!lod ~.~ 1(lllWed~ ~~ Nl<W, <<lla bo<q 6rs!by lOt d<J{...... dIl ~O( alOmI to( NicflO.- ....~<WI1x "'_d>1cd f!e<ol:l 141""11 10M IRl-. . N'fWff SWOIlNTOOOliUllSCllllll!Db<ltc<l....f..1k...IlOya(~2lllj. ~~'~ JULIA A MURILLO ~w. ~ MY OOMMISSION II 00076813 if'-t,,~,~ EXPIRES: Decembcr5.:KI05 1..eQO.3..K)TARY R. NocIly s.w.. BoncIng, InC . srATECI'R.IJ(1D,l. I .cauNtYCI'~ ..... IN. flI tj:r1.1S.~ ~fpGQCldy"- 1lo/lt&....-&..~"'....I'I<\lCSIl'_....iI>lllltlk...lM- ...~"""baIlgftsIloy....~-.tI'd_lI<_lC AFfW<< SWOONTO,QIl~Bellbctc<l....I1I<_""'ol Nl',a 1Io\oIyPdlli:_ a(fb\l;> N.~ PW1IeIl Nama alN@Y t.lr~~ ~ c- STAl1!CI'f\.Ol'lOA I COUNlYOF~ Il<fooo "",GIe ~ 1lIIIY>clt1, ~1ppa1'd _."""""....Nr.,.\tlor....pIIIPlO8._"""''''otodllatlkMItlImt<1. lho~""'".I'llJollby...~.-.tI'd........_1\al _'lQ~~llIbt......._R.y'" NTW<T .mi .' NdIIyl'lll&c_ol~N.~ I'tt\tIIdllla00Nllur l.\ralllKl'Jl( -.., STA1l!Cl'~ I CXM<<YCI' WJ.U.D,\llE} e.t:n.... tl& 1IlIlt~ 1lIlho<1lr, po...,..ay fllllIII'OII __1lI;_fol...(XIq>OOOtSlllell_I1Ir4b1.lkMIMCIOI\YlC1 "'~YIl1ollotlQf<stby....~"""",<lll_.._lIal SWOON TO ,QIlIllJOOci\ise!l bololYI....... _'" aI mwcr .~3 HoIolyPWlo81olO alADltHLa<vo P,,*,,_oI-, Uy....l{~~ .--- D' "\:.......~ ArPLlCANT REPRESENTATIVE AFh",AVIT Pursuant \0 Section 31-71 (b)(2)(iJ 01 the City 01 Avenlura Land Development Code, lhis Applicant Representative Affidavills hereby made and submitted. The oodersigned authorized representative of the in<flVidual or entity applying for lhe Developmenl Pennit, which Is identified ilthe accompanying apprlCation. and lhe owner of lhe property subject 10 lhe application fd d'dferenQ hereby Iis1s and identifieS an persons representing lhe in<flVidual or entity applying lor lhe Development Permij il connection with lhe application, as follows: Name Relationship fe. AUome!,. M:hitects, Undscape M:hiteds, El19ineers, LoIlbyists, EIe.) JEFFREY BERCaW ATTORNEY (A1tach hld'diona1 Sheets H NecessaI)I) N<mce: AN'( STATEMENT OR REPRESENTAllON MADE BY AN'( PERSON USTED ON THE APPUCANT REPRESENTAllVE AffiDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFAANTS ARE ADVISED TO llMEL Y SUPPLEMENT THIS Afi:tDAVIT PURSUANT TO SEC. 31.71(BK2)(lV) OF THE ClTY'S LAND DEVELOPMENT REGULAllONS IN THE CrTY CODE, IN THE EVENT THAT PRIOR TO CONSIDERAllON OF THE APPUCAllON BY THE CITY BOARD OR COMMISSION, THE INFORMAllON PROVIDED IN THE AFRDAVlT BECOMES INCORRECT OR INCOMPLETE. MARCH .2001:2002 OWNEft By: By: Tille: ~:200 S. BISCAYNE BLVD. SUITE 850, MIAMI, FL 33131 (Signatu Name: HOMF.RO MF.RUF.T.O (Print) : Tille: PREsrDENT , Address: 51 01 COLLINS AVENUE MIAMI BEACH, FL 33140 SWORN TO AND SUBSCRIBED BEFORE ME lhls L~y of MARCH (/ Nolaly Public Stale of FlorIda AlLarge PrinledNarneofNolaly LISA C BROOKS My commission explres: Ql~ lISAC.BIlOOKS ; b -~ MY COMl.CISSION. co 856829 . . EXPtRES: . -........;,,~~ 11 '\......~ ...." BUSINESS RELATIONSHIP AFADAV/T* This NfKlavit is made pursuant to Section 31-71(bJ(2)(iij of Ihe City of Aventura Land Development Code. The undersigned Nflallt hereby d'lSCloses 1I1at (marl< wilh 'x' applicable portions only) PROPERlY By: Name: Tille: ~1. Nflallt does nol have a Business Relalionship with any member of the City Commission or any City Advisory Board to which 1I1e application will be presented. [ ]2. Atflallt hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the appI"lCation wilt be presented, as follows: (List name of Commissioner or Advisory Boaltl Member) y,flo serves on 1I1e (Ust City Commission or City Advisory Board upon which member SelVes). The nature 01 the Business Relationship Is as follows: [ ] l Member or City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital sIock 01 Applicant or Representative; [ ] i. Member or City Commission or Board is a partner, c:o-shareholder (as to shares of a 0ClIpClfati0n which are not &sled on any national or regional sIock exchange) or jolnt venturer wi1I1the Applicant or Representative i1 any business venture; [ I iii. The ApprlCanl or Representative is a CHent of a member of 1I1e City Commission or Board or a crl8llt of ano1l1er professional worl<ing from the same office or for 1I1e same employer as the member of 1I1e City Commission or Board; [ I iv. A City Commissioner or Board member is a Client of the Applicant or Representalive; (] v. The Applicant or Representative is a Customer 01 the member 01 the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; (l vi. The member 01 the City Commission or Board Is a Customer of the Applicant or Representative and transac1s more Ihan $25,000.00 of the business of the Applicant or Representative i1 a given r. AYOF F~bruarv .2OOJ ~b(~ SIgnature) Home 0 Meruelo 1 Pl1nt) IdYHAN01liIS~DAYOF February .2003 ER: (Signature) /Print) (prfnQ 'The /snns "Business ReIalionsh/p,' "Client, , "Customer,' 'AppIican~' "RepresentalNe' and 'lnteresfed Person' an! defined k1 Section 2-395 0{ the A_ City Code. ,.2OOlr2002 By: By: (Signature Nam Name: (Print) Title: ATTORNEY (Print) litle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By; (Signature) By; (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Trtle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Trtle: (Print) NOTE: 1) Use duplicate sheets If disclosure Inlonnallon lor Representative varies 2.) Applicants and Alflants are advised to timely supplement this Affidavit pursuant to Sec. 31.71(b)(2.){lv) 01 the CIty's Land Development Regulallons In the City Code, In the event that prior to consideration 01 the appllcallon by the City Board or Commission, the Inlonnatlon provided In the Affidavit becomes Incorrect or Incomplete. STATE Of F\.ORIOA ) COUtrr( Of I.II.'MI-DADE) Belore me,!he uodel$iQned autt1o<ity, pel>OC1ally appeared JEFFREY Em helshe e>:eOJ1sd this Affidavit lor !he p<Jq>OSes stated !hemin and lhat I is true and cocrect NOTARIZATION PROYISION SWORN TO AND SUBSCRIBED belore me this ---19. day of MARr.H ....,-:r.~'ii!iit LISA C. BROOKS forA' ,.j MY COMMISSION I co 850829 ~'~""f EXPIRES: Ju~ 20 2003 Notary PWftcStae of :;":.'~ SondedThruNotaryPubic:Onderwrilers T.TSA C'. RRrrlKS Printed Name 0( Nola!)' My COl'M\ission expires: STATE Of F\.ORIOA ) .COUlm' Of MIAMI.QADE} Belore me, !he undersigned auIh:xity. pel>OC1ally appeared heIshe a>raalled Ihis Affidavit for !he pu<poses staled !hemin and flat I is true and 0JlTeCt. !he Aff..n~ who being Ii<st by me du~ sworn. <f~ SVl9ar ex alfum lhat AFFIANT SWORN TO AND SUBSCRIBED belore me this _ day of 2001. Nola!)' poor" Slate of Florida />J Large Printed Name of Nola!)' My rommlssion expires: STATE Of R.ORIDA ) COUtrr( OF MIAMI.QADE} Belore me,!he undersigned authority. pel>OC1aRy oweared helshe exeaJled Ihis Affidavit lor !he pUq>OSes stated !hemin and that k is lrue and 0JlTeCt. the Alf..n~ who being first by me du~ sworn, did swear ex alfum thai AFFIANT SWORN TO AND SUBSCRIBED belore me thIs_ day 0( 2001. NotaIy PIbIic Slate 0( Florida />J Large Printed Name 0( NoIaly My_e'l'lres: STATE Of A..ORIDA ) COUlm' Of 1oUAM1.QADE) Belore me, lie undel$iQned auIh:xity, personaly appeared heIshe e>:eOJ1sd this A/lidavit for !he pUq>OSes staled 1he..1n and that lis true and 0JlTeCt. !he Afflalll, who being Ii<st by me du~ sworn. did swear ex alfum that AFFIANT SWORN TO AND SUBSCRIBED belore me Ihis _ day 0( 2001. NotaJy Plblic Slate 01 Florida />J Large Printed Nama 01 NotaIy My c:onvnIsslon expires: ~ BE.RCOW & RADE.LL ZONING, LAND USE AND ENVIRONMENTAL. LAVV MEMORANDUM ~_."_._---~^_._-,-.. --------~~.._-~.~,_._.__._--,.,...._._~ ._--'-_."._------_._----~--.-,---_.,---,- TO: FROM: SUBJECT: City of Aventur Jeffrey Bercow Aventura Landi Representative s - Business Relationship Affidavit and Applicant ffidavit DATE: CC: August 28, 2003 Enclosed is the original of the above-described forms to be filed in your office. Please date-stamp the extra set of documents we have enclosed and return them to us (self-addressed envelope enclosed). Should you have any questions, please contact me at (305) 377-6220. Thank you for your attention to this matter. 200 S. BISCAYNE BLVD., SUITE 850 MIAMI, FLORIDA 33131 305.374.5300 ii' 305.377.6222 FAX , Ii <>>;,-........ APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71 (b)(2)(i) 01 the City of Aventura Land Development Code, this AppHcant Representative Affidavit is hereby made and submitted, The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Andrew Dolkart Relationship ~.,. AUom,ys, An:I1itec15, Landscape An:I1ilects, EngineelS, Lobbyists, E/c.) 8;eJ e~{ (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHAll BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ..fl1:DAY OF 4u~ ,~ 2003 AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER By: (Signature) Name: Name: (Print) Title: Title: Address: Address: 5105 Collins Avenue Miamm Beach, Fl 33140 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared Homero Meruelo as the authorized represe/!tative of the Applicant andlor the owner of the property subject to the application, who being first by me duly swom, did swear or aff~~ that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. // . -- AFFI SWORN TO AND SUBSCRIBED BEFORE ME thi~Y of Ii. =-=--.--..-.- !!l <>";";...>" BUSINESS RELATIONSHIP AFFIDAVIT* This Nfidav~ 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) Cd 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that tt does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: serves). (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory 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 % 01 total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ I 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; [ I iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board isa Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given en year. DAY OF -f~wiot .px 2003 By: Nam: r Meruelo Trtle: By: Name: Trtle: WITNES MY HAND 11-IIS (Signature) (Print) (Print) DAY OF ~(..L'bt .~!ltlt. 2003 ~ignature) (Print) (Print) t:~ ::~'Ilall J, '\!f.i ~...!l1" 'The terms 'Business e/ationship,". 'Client, "'Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 01 the Aventura City Code. WI1NESS MY HAND THIS ~ DAY OF 11uJv0 ,j!OOt 20 D 3 REPRESENT A TlVE: (Listed on Business Relationship Affidavit) By: ~~ (Signature) By: (Signature Name:AiTIrFw fhlkrm- (Print) Name: (Print) Hie: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Hie: (Print) Hie: (Print) By: (Signature) By: (Signature Name:- (Print) Name: (Print) Trtle: (Print) nle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Hie: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Hie: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Trtle: (Print) Trtle: (Print) NOTE: 1) Use duplicate sheets If disclosure Intormation for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b}(2)(iv) of the City's Land Development Regulations In the City Code, In the event that prior to consideration of the application by the City Board or Commission, the Information provided In the Affidavit becomes incorrect or Incomplete. p:::=-- ~-- , NOTARIZATION PROVISION STATEOFFl.ORIOA ) COUmY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared ~irnn:::r.7 n-.lk:::n+ heJshe exeoJted !his Affidavit. /0( !he purposes slaled ttleraio and lhat it is lnJe and OOITect the A1Han~ who being first by me duly swam, did swear or afflml that ~_-/.- p~ IANT SWORN TO AND SUBSCRIBED bela<e me th~ 8#J.y 01 IJUf)4<J/:~ 2003 "I I.., 1/)-0- .. ~V!).~ ;" ~; M\I~,IlD1Q8017 No~ublicStateol ~ " ExpiroI Ajw1130. 2007 - .' Printed Name of Notary Myaxnmission expires: ST ATE OF Fl.ORIOA ) .COUmY OF MIAMI-DADE) Belon! me, !he undersigned etllOOrity. pe","",ny appeared he/st'o exeaJted th~ Atfidav!(fa< the pulpOSes staled !herein and !hat k is !rue and COlTect !he AtfIal1~ wf10 beil9 first by me duly sworn. did swear or a~1llTI !hat AFFIANT SWORN TO ANO SUBSCRIBED before me th~ _ day of _ 2003 Notary pubrlC State 01 Florida /oJ. Large Printed Name of Notary My commission expires: STATE OF Fl.ORIOA ) COUmY OF MIAMI-DADE) Before me, the undersigned authority, personany appeared he!she executed this AffidavIt lor the purposes state<! therein andlhat it is true and correct. the Aff"lan~ who being flfSt by me duly S'ft'Om, did swear or affirm that SWORN TO AND SUBSCRIBED belore me this _ day of AFFIANT :>l!lIIX 2003 Notary Public State 01 FIoOOa /oJ. Large Printed Name of Nolaty My c:onwission e~ires: ST ATE Of Fl.ORIDA ) COUmY OF MIAMI-DADE) Before me. !he undersigned etllOOrity, pe","",ny appeared hefshe exeo.rtecl this Affidavit lor the purposes stated ttlerein and that It is true aM cocred.. the AtfIal1~ who beil9 first by me duly sworn. did swear or elficm !hat AFFIANT SWORN TO AND SUBSCRIBED before me th~ _ day 01 2001. Notary pubrlC State 01 FIoOOa /oJ.l.arge Printed Name 01 Notary My commission e~ires: Aventura Landings Summary of Educational Facilities Impacts Current FISH # Over/Under School Enrollment Permanent! FISH Permanent! Temporary Temporary Capacil' Elementary Middle Senior Olus Elem. 902 489 . (413) 0 0 Boone-Highland Oaks 1,064 902 (162) 0 0 EI. Greynolds Park EI. 1,358 1,155 (203) 0 0 Highland Oaks Middle 2,385 1,391 0 994) 0 J.F.Kennedy Middle 2,019 1 ,404 0 615) 0 M. Krop Senior 3,556 2,445 0 0 (1,111.l N. Miami Beach Sr. 2,895 2,302 0 0 (593) Sub-Total Existing Schools (778) (1,609) (1,704) S/S "D" 0 1,045 1,045 0 0 PLC "J-1" 0 280 280 0 0 S/S "RR1" 0 1 ,495 0 1 ,495 0 S/S "AA1" 0 500 0 500 0 S/S "BBB1" 0 2,858 0 0 2,858 Sub-Total Relief 1 ,325 1,995 2,858 Schools/Additions Northeast Academy 416 600 184 0 0 Janet Dean Charter 0 1,200 800 400 0 School Aventura Charter 0 600 600 0 0 Elementary School Aventura Charter 0 300 0 300 0 School K-8 Expansion City of North Miami Charter Senior High 0 1,600 0 0 1,600 School Sub-Total Charter Schools 1,584 700 1,600 Sub-Total without Proposed 14,595 18,066 2,131 1,086 2,754 Development Proposed 166 (77) (41) (48) Development Total 14,761 18,066 2,054 1,045 2,706 (e) Signage and markings. All bicycle park- ing spaces shall be posted with a perma- nent and properly maintained above- ground sign which shall conform to the figure entitled "Secured Bicycle Parking" hereby incorporated in this section. The bottom of the sign must be at least five (5) feet above grade when attached to a build- ing, which may not be installed in the County maintained right-of-way. No per- mit shall be required for such signs. .. 18" ILACIl.ON_11i Wl1)tlvrUTTiRS I BICYCLE PARKING ONLY PlWfUCURE't'OUIIICYCUPIOftRLY -- -I 1- 12" Bicycle parking sign (D Application to existing uses. All property owners of existing establishments that are required by this section to provide bicycle parking spaces shall comply within one (1) year from the effective date of the ordinance from which this section derives and shall be responsible to maintain such facilities. Existing multi-family uses are exempt from this subsection. (Ord. No. 99-81, 9 1, 7-13-99; Ord. No. 00-107, 9 1, 9-7-00) Sec. 33-122.4. Litter containers. (1) All shopping centers, strip malls, grocery stores, restaurants or commercial establishments that sell takeout beverages or food must provide a litter container near every entrance and at every 100 feet along any established pedestrian walk- way within the footprint of such property. Supp. No. 30 q~ ZONING ~ 33- 124 (2) Litter containers shall be well designed and secured in a manner that will cause them to remain stationary where placed. They shall be maintained free of graffiti and overflow trash. (3) Containers shall not interfere with access for the general pedestrian public or for people with disabilities. The definitions contained in the Americans with Disabilities Act Accessibility Guide- lines shall control the placement of the contain- ers. (Ord. No. 00-47, 9 1,4-11-00) Sec. 33-123. Approval of plan before issu- ance of permits. Prior to the issuance of any building, paving, grading and leveling or other pennits, a suitable sketch must be presented to the Department indicating the parking layout drainage on the premises and indicating all driveways extending beyond the property line into the public right-of- way. The drainage plan for the premises shall meet with the approval of the Department of Public Works. The driveway plan must meet with the approval of the Director and the Director of the Public Works Department on all roads and in approving or rejecting the plan, the Directors shall determine that their decision is in the inter- est of public safety and welfare, taking into con- sideration the volume of traffic to be generated, its pattern and conflict with the adjacent road traffic; the number of driveways proposed and their proximity to others in the area; location and proximity of median cuts; visual clearances or obstructions at the driveways; angle and location of driveway and its intersection with the road; elevation of the driveway in reference to the road, and any other factors that may affect the safety and welfare of the public. In addition all drive- ways extending into State roads shall meet with the approval of the State and Department. (Ord. No. 57-19, 9 5(BB), 10-22-57; Ord. No. 68-32,9 1,5-21-68; Ord. No. 95-215, 9 1, 12-5-95) Sec. 33-124. Standards. Off-street parking shall be provided in accor- dance with the following minimum standards: (a) Dwellings: (1) Single-family dwellings not specifi- cally referenced elsewhere in this 5208.1 ~ 33-124 MIAMI-DADE COUNTY CODE section shall be provided two (2) park- ing spaces. Paving of said spaces shall not be required. (2) Two-, three- and four-unit dwellings shall be provided two (2) parking spaces per unit. (3) 'Ibwnhouses shall be provided a min- imum of two (2) 6ff-street parking spaces per townhouse unit. Such parking spaces may be provided on the lot of the townhouses or in a commonly owned and maintained off- street parking bay or facility; pro- vided, that no parking space shall be more than one hundred fifty (150) feet, by the most direct pedestrian route, from the door of the townhouse to the parking space it is intended to serve. Each townhouse site shall have its own off-street parking area and drive- way thereto where on-site off-street parking is to be provided. In addi- tion to the above required residents off-street parking spaces, a mini- mum of twenty-five hundredths (0.25) visitors parking Supp. No. 30 5208.2 ZONING ~ spaces per townhouse shall be pro- vided in a convenient commonly owned and maintained off-street parking bay or facility. Individual garages shall not be credited towards the parking require- ment. (4) Cluster communities shall have two and one-quarter (2.25) parking spaces provided for each dwelling unit either on the individually owned lot(s) or on common property. Tandem parking is permitted only on individual lots and in the driveways connecting such lots with the adj acent roads provided said driveways are for the exclusive use of each individual lot; however, tandem parking shall be limited to no more than one (1) such tandem parking space for each individual lot. Individual ga- rages shall not be credited towards the parking requirement. (5) Zero lot line communities shall have a minimum of two (2) off-street parking spaces provided on each platted lot. In addition, zero lot line communities shall provide one guest parking space for every four (4) dwelling units for all projects, except for those developed on public streets. Tandem parking is permitted only on individual lots and in the driveways connecting such lots with the adjacent roads; provided, said driveways are for the exclusive use of each individual lot; however, tandem parking shall be lim- ited to no more than one (1) such tandem parking space for each individ- uallot. Individual garages shall not be credited towards the parking require- ment. (6) Five (5) or more unit apartment build- ings or apartment hotels: One and one-half(1.50) parking spaces for each guest room, efficiency, or one bedroom unit. One and three-quarters (1. 75) parking spaces for each two-bedroom unit. Supp. No. 16 ~ 33-124 Two (2.0) parking spaces for each three- or more bedroom unit. (7) A minimum of two (2) off-street park- ing spaces shall be provided for each mobile home space, both such parking spaces may be on the mobile home space, and each of the same shall be hard surfaced, or one or both parking spaces may be in a common parking court, such courts, where provided, to be installed throughout the park to conveniently serve the inhabitants in different areas of the park, and such courts shall be hard surfaced. (b) Hotels, rooming houses. At least one park- ing space for each of the first forty (40) individual guest rooms or suites; one addi- tional parking space for every two (2) guest rooms or suites thereafter. Public meeting rooms in hotels shall be further controlled as to parking by subsection (e) of this section and by subsection (k) where the meeting room does not contain permanent seats; and restaurants by subsection (i) and (j). In addition, one parking space shall be provided for each four (4) employees. (c) Motels, tourist courts and transient accom- modations. One parking space for each individual sleeping room or bedroom. (d) Churches. At least one parking space for each fifty (50) square feet or fractional part thereof of the seating ~rea in the main auditorium (sanctuary), including adjacent areas which may be used as part of the auditorium. (e) Reserved. (I) Hospitals. At least one parking space for each of the first three hundred (300) beds and one additional parking'space for every two (2) additional beds thereafter for pa- tients contained in such building, plus one parking space for each three (3) employees and resident staff members. (g) Sanitariums, convalescent homes, homes for the aged and similar institutions. At least one parking space for each two (2) 5209 ~ 33-124 DADE COUNTY CODE beds for patients contained in such build- ings, plus one parking space for each two (2) employees. (h) Commercial: (1) Retail-Food or grocery stores, drug and sundry stores, department stores, membership warehouses, retail stores, retail stores similar to the foregoing, banks, post offices, mortuaries, funeral homes, waiting rooms stations for com- mon carriers and shopping centers shall be provided parking at a rate of one parking space for each and every two hundred fifty (250) square feet of the gross floor area or fractional part thereof. All retail uses within enclosed malls in excess of three hundred thou- sand (300,000) square feet shall pro- vide parking at the rate of one parking space for each and every three hun- dred and fifty (350) square feet of the gross floor area or fractional part thereof, excluding theatres, restau- rants and food courts which shall pro- vide parking as delineated in this sec- tion. (2) Auto dealership showrooms, garage and gas station bay areas, and similar uses shall be provided three (3) parking spaces for the first twenty-five hun- dred (2,500) square feet of floor area, or fractional part thereof, and one park- ing space for each additional five hun- dred (500) square feet of gross floor area, or fractional part thereof, plus three (3) parking spaces for each five thousand (5,000) square feet, or frac- tional part thereof, of open lot area. Office and retail parts areas shall be provided parking spaces as otherwise contained in this article. Customer and employee parking shall be labeled as such. (3) Furniture showrooms shall be pro- vided three (3) parking spaces for the first twenty-five hundred (2,500) square feet of gross floor area, or fractional part thereof, and one parking space for each additional five hundred (500) Supp_ No. 16 5210 square feet of gross floor area or frac- tional part thereof. When such a use is located within any BD District, the site plan submitted to the Department shall illustrate future parking spaces based on a calculation of one parking space for each two hundred fifty (250) square feet of gross floor area or frac- tional part thereof, which shall be pro- vided in the event the furniture use is discontinued. The lot area reserved for future parking spaces shall remain un- encumbered with any structures and shall be landscaped. However, this land- scaped area shall not be credited to- ward the minimum required open space. Prior to the issuance of a Certificate of Use and Occupancy for any use other than a furniture store, the property owner must provide the required num- ber of parking spaces for the intended use as provided elsewhere in the arti- cle. (4) Plant nurseries shall have parking pro- vided at a rate of eight (8) spaces for the first acre, or fractional part thereof, and one parking space for each two (2) acres thereafter up to ten (10) acres. One additional parking space shall be provided for each five (5) acres or por- tion thereof thereafter. (5) Packing plants shall have parking pro- vided at a rate of one parking space for each one thousand (1,000) square feet of gross floor area, or fractional part thereof. (6) Open lot commercial uses such as, but not limited to, used care lots, storage yards and recreational vehicle sales -lots shall be provided five (5) off-street parking spaces for the first five thou- sand (5,000) square feet of net lot area, or fractional part thereof and one park- ing space for each additional five hun- dred (500) square feet of net lot area so used. These spaces shall be reserved for customer and employee parking only, and shall be labeled as such. Ju1 01 03 02:16p Office of Cit~ Manager 305-466-8919 p.2 RESOLUTION NO. 2003-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT SUBSTANTIAllY AS ATTACHED HERETO, BETWEEN THE CITY OF AVENTURA, TWENTY-FOUR NONEXEMPT MUNICIPALITIES, MIAMI-DADE COUNTY AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AS REQUIRED BY ~163.31777 and ~1013.33, FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute an Interlocal Agreement substantially as attached hereto, between the City of Aventura, Twenty-four Nonexempt Municipalities, Miami-Dade County, and The School Board of Miami Dade County, Florida, as required by 3163.31777 and 31013.33, Florida Statutes. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this resolution. Section 3. This resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Cohen, who moved its adoption. The motion was seconded by Commissioner Grossman, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Manny Grossman yes Commissioner Patricia Rogers-Libert yes Vice Mayor Harry Holzberg yes Mayor Jeffrey M. Perlow yes I!-. Ju1 01 03 02:16p Office of Cit~ Manager p.3 Resolution No. 2003-bL Page 2 305-466-8919 PASSED AND ADOPTED this 4'" day of February, 2003. APPR VED AS TO L AL SUFFICI~Y: JU~~ CITY ATTORNEY " Ju1 01 03 02:16p Office of Cit~ Manager 305-466-8919 p.4 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNiNG IN MIAMI-DADE COUNTY This agreement is entered into between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County"), the Cities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Village of EI Portal, City of Florida City, City of Hialeah, City of Hialeah Gardens, City of Homestead, Village of Indian Creek, Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami (hereinafter collectively referred to as "Cities"), and The School Board of Miami-Dade County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as "School Board"). RECITALS WHEREAS, the County, Cities and the School Board recognize their mutual obligation and responsibility for the education, nurturing and general well-being of the children within their respective communities; and, WHEREAS, the County, Cities, and School Board recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with land development, (2) greater effiCiency for the school board and local govemments by plaCing schools to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the local governments, (4) better defined urban form by locating and designing schools to serve as community focal points, (S) greater efficiency and convenience by co-locating schools with parks, ball fields, libraries, and other community faCilities to take advantage of. jOint use opportunities, (6) reduction of pressures contributing to urban sprawl and support of existing neighborhoods by appropriately locating new schools and expanding. and renovating existing schools, and (7) improving the quality of education in existing, Page 1 of 18 II -- Jul 01 03 02:17p Office of Cit~ Mana~er 305-466-8919 p.5 renovated and proposed schools; and, WHEREAS, Section 1013.33, Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and, WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school boards, and describes the processes for collaborative planning and decision- making on population projections and public school siting; and, WHEREAS, Sections 163.31777 and 1013.33, Florida Statutes, further require each county al!d the non-exempt municipalities within that county to enter into an interlocal agr~ement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments core to be coordinated; and, WHEREAS, By entering into this agreement the School Board, County, and the Cities are fulfilling their statutory obligations and requirements recognizing the benefits that will accrue to their citizens and students described above; AGREEMENT NOW THEREFORE, be it mutually agreed between the School Board, the County and the Cities that the following procedures will be followed in coordinating land use and public school facilities planning: Section 1. Joint Meetinos 1.1 A staff working group comprised of the County MayorlManager and/or designee, School Board Superintendent and/or designee, and City Mayor/Manager and/or their designees will meet at least on a semi- annual basis to discuss issues and formulate recommendations regarding public education in the School District, and coordination of land use and school facilities planning, including such issues as population and student projections, development trends, a work program for five, ten and twenty year intervals and its relationship to the local government comprehensive plans, particularly as it relates to identification of potential school sites in the comprehensive plan's future land use map series, school needs (school capacity and school funding), collocation and joint use 'opportunities, and ancillary infrastructure improvements needed to support the schOOl and ensure safe student access. Representatives from the Regional Planning Council, the Latin Builders Association and the Builders Association of South Florida will also be invited to attend and participate. The initial meeting of the working group shall be held within 60 days of the date of execution of the interlocal agreement, upon at least 30 days written Page 2 of 18 TI- ,'--- Jul 01 03 02:17p Office of Cit~ Mana~er 305-466-8919 p.6 advance notice, and shall be coordinated by the School Board Superintendent, or designee, provided however, that the initial meeting will occur in a timely manner to provide meaningful participation by local govemments in the School Board's 2003-04 planning process. 1.2 The School Board Superintendent and/or designee shall coordinate an annual joint workshop session and invite one or more representatives of the County Commission or their designee, the governing body of each City or their designees, and the School Board or their designee (s). A representative of the Regional Planning Council will also be invited to attend. The School Board shall provide the meeting invitations with at least 30 days advance written notice of such meeting to the person designated as a contact in this Agreement. The joint workshop sessions provide opportunities for Ihe County - Commission, the City Commissions or Councils, and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concem regarding public education, and coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off- site improvements, school capacity, school funding, options to reduce the need for additional permanent student stations, and joint use opportunities. Section 2. Student Enrollment and Population Proiections 2.1 In fulfillment of their respective planning duties, the County, Cities, and School Board agree to coordinate their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. Countywide five-year population projections shall be updated at least once every two years by the County. The School Board may enter into a separate agreement with the County for the preparation of student enrollment projections. Updated County and School District data shall be provided at least once every two years for review at the staff working group meeting described at subsection 1.1. 2.2 The School Board shall utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences pursuant to S,ection 216.136, Florida Statutes, where available, as modified by the School Board based on development data and agreement with the local governments and the Office of Educational Facilities and SMART Schools Clearinghouse. The School Board may request adjustment to the estimating conferences' projections to reflect actual enrollment and development trends. In formulating such a request, the School Board. will coordinate with the Cities and County regarding development trends and future population projections. 2.3 The School Board, working with the County and Cities via the staff working group, will use the information described in subsection 3.4 and Page 3 of 18 I I Ju1 01 03 02:17p Office of Cit~ Mana~er 305-466-8919 p.7 any other relevant information provided as part of the requirements of this Interlocal Agreement, to allocate projected student enrollment by Minor Statistical Areas. The allocation of projected student enrollment will be determined at the first staff meeting described in subsection 1.1. Section 3. Coordinatina and Sharina of Information 3.1 Tentative District Educational Facilities Plan: By June 30th of each year, the School Board shall submit to the County and each City the tentative district educational facilities plan prior to adoption by the Board. The plan will be consistent with the requirements of Section 1013.35, Florida Statutes, and include projected student populations geographically, an inventory of existing school facilities, projections of facility space needs, information on relocatables, general locations of new scl:1ools for the 5-, 10-, and 2D-year time periods, and options to reduce the need for additional permanent student stations. The plan will also include a financially feasible district facilities work program for a 5-yea~ period. The Cities and County shall review and evaluate the plan and comment to the School Board within 60 days on the consistency of the plan with the local comprehensive plan, including its compatibility with the comprehensive plan's future land use map series, and whether a comprehensive plan amendment will be necessary for any proposed educational facility. 3.2 Educational Plant Survey: The School Board will remain responsible for reporting and submission of updates. The Educational Plant Survey shall be consistent with the requirements of Section 1013.31, Florida Statutes, and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination with existing land use plans. The staff working group, in accordance with the procedure outlined in Section 3.5, will evaluate and make recommendations regarding the location and need for new, significant renovation or expansion, closures of educational facilities, and the consistency of such plans with the local government comprehensive plans and relevant issues including, but not limited to, those listed in subsections 4.3, 7.6, 7.7 and 8.1 of this agreement. 3.3 The County and the School Board shall annually review the Educational Facilities Impact Fee Ordinance, its formula, and the Educational Facilities Impact Fee Methodology 'and Technical Report, and if appropriate, make recommendations for revisions to the Board of County Commissioners. Among the goals of this annual review will be the adjustment of impact fee structure to ensure the full eligible capital costs, as allowed by the governing ordinances, associated with development of public school capacity is included. In reviewing the Educational Facilities Impact Fee Ordinance (EFIFO) the County and School Board shall employ their best afforts to evaluate a more equitable distribution of impact fee assessments, including redistricting to create east/west alignments of Page 4 of 18 ---;- Jul 01 03 02:18p Office of Cit~ Hana~er 305-466-8919 p.8 benefit districts throughout the County. Such benefit districts should combine urban infill and emerging development areas within the County. The School Board and County are encouraged to provide local government, industry and citizen participation and input prior to submitting recommendations to the Board of County Commissioners for substantive revisions to the Educational Facilities Impact Fee Ordinance, its formula, and/or the Educational Facilities Impact Fee Methodology and Technical Report, including the adjustment of impact fee structure or benefit district boundaries. 3.4 Growth and Development Trends: By January 31 s'-of each year, local governments will provide the School Board with a report on growth and development trends within their jurisdiction, based on the previous calendar year. This report will be in tabular, graphic, and/or textual formats and will include the following: (a) The type,number, and location of residential units, which have received zoning approval or site plan approval; (b) Information regarding adopted future land use map amendments, which may have an impact on school facilities; (c) The County shall report to the School Board the school impact fees collected annually on building permit applications, said report shall include the amount of the fee collected and location of the proposed residential development. The School Board shall report to the County to each City how the impact fee revenue and all other school contributions have been spent within the Benefit District in which it was collected. All data shall include source information for verification and be provided in a format consistent with other capital expenditures; (d) Information, if available, regarding the conversion or redevelopment of non-residential structures into residential units that are likely to generate new students, and conversely information on the number of residential units converted to non-residential uses; and (e) The identification of any development orders issued that contains a requirement for the provision of a public school site as a condition of development approval. 3.5 The staff working group shall provide recommendations on the planning of new facilities, additions or renovations for consideration by School Board staff and the SSPCC in formulating the tentative district educational facilities plan. Likewise, the staff working group shall also provide input and comments, Page 5 of 18 I] Ju1 01 03 02:18p Office of Cit~ Manager 305-466-8919 p.9 recommendations on the update of the Five-Year Educational Plant Survey and any revisions thereto. Section 4. School Site Selection, Siqnificant Renovations and Potential School Closures 4.1 The School Board as soon as possible after the Interlocal Agreement is effective as to any party. but in a timely manner that will provide meaningful participation by local governments in the School Board's 2003- 04 planning process, shall amend its rule 6Gx13-2C-1.083, Section II.D. Membership, to expand the membership of its standing School Site Planning and Construction Committee (SSPCC) by four voting members as follows: 'a floating member" designated by the City Manager of the most impacted municipality to which the agenda item relates whenever an agenda item concerns any incorporated area of Miami-Dade County, or if it concerns an unincorporated area, this 'floating member" shall be from the geographically nearest municipality most impacted by tne agenda item; a representative selected by the Miami-Dade County League of Cities; a Miami-Dade County representative selected by the County Manager or designee;" and 'a member of the residential construction industry: For purposes of this Section, a floating member from the most impacted local government" shall be defined as the local government jurisdiction in which the proposed project is located. In the event that this rule change is not accomplished as required herein, the School Board shall approach the Cities and County and negotiate an amendment to this Agreement with a mutually acceptable alternative means of coordination on all issues herein allocated to the SSPCC, The SSPCC shall review potential sites for new schools and proposals for significant renovation, the location of relocatables or additions to existing buildings, and potential clo,sure of existing schools, and make recommendations on these and all other issues within its purview under the Rule for consideration by School Board staff. The SSPCC shall also: (a) Host a planning forum on an annual basis or more often as may be needed, For purposes of this forum, the SSPCC shall invite a representative from each of the impacted units of government to participate in the proceedings and to provide input and comments, for consideration by the SSPCC in its deliberations. The forum will review the School Board's acquisition schedule and <III other relevant issues addressed in this Agreement and required by statute, and will include appropriate staff members of the School BOilrd, at least one staff member of the County and a representative from each of the affected Cities. Based on information gathered during the review, the SSPCC will submit recommendations to the Superintendent or designee for the upcoming year. (b) Invite a staff representative from each unit of local govemment affected by an agenda item at any SSPCC meeting throughout the year to Page 6 of 18 I I Ju1 01 03 02:18p Office of Cit~ Mana~er 305-466-8919 p.l0 attend that meeting. It shall provide a full opportunity for such local government representatives to provide comments, and shall consider those comments in its deliberations. Based on information gathered during the review, the SSPCC will submit recommendations to the Superintendent or designee on these items. For purposes of this Sub Section, an affected local government shall be defined as follows: a. Any jurisdiction within fifteen hundred feel of the property or improvement; and b. Any jurisdiction whose utilities are utilized by the School Board property or improvement. The School Board Superintendent and/or deSignee shall provide the' invitations referenced in this Section 4.1, with at least 30 days advance written notice of s<.lch meeting to the person designated as a contact in this Agreement. The Superintendent or designee shall forward the SSPCC recommendations referenced in this Agreement tei the School Board so that they may be considered. by the Board at the time that it deals with the issues to which the recommendations relate. 4.2 When the need for a new school is identified and funded in the district educational facilities plan, the SSPCC will develop a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified and funded in the district educational facilities plan for significant renovation, the location of relocatables, or additions to existing buildings and potential closure and opportunities for collocation will be submitted to the iocal govemment with jurisdiction over the use of the land for an informal assessment regarding consistency with the local government comprehensive plan. 4.3 The evaluation of new school sites or significant expansion of student . stations at existing schools shall be in accordance with School Board Rule 6Gx13-2C-1.083, as may be amended from time to time and attached hereto as Exhibit "A". Any proposed amendments to this rule, which may impact upon the terms of this Interlocal Agreement, shall be submitted to the affected local units of government prior to submission to the SSPCC and to the School Board. 4.4 Pursuant to Section 1013.33 (11), Florida Statutes, at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility, the School Board shall provide written notice to the local government with jurisdiction over the use of the land. The local government, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site is consistent with the land use categories as depicted in the_future land use map series, as well as Page 7 of 18 I I Ju1 01 03 02:19p Office of Cit~ Manager 305-466-8919 p.11 the policies of the local government's comprehensive plan. If the site is not consistent, it shall not be used as a school site until and unless otherwise approved by the local government. This preliminary notice does not constitute the local government's determination of consistency pursuant to section 1013.33 (12), Florida Statutes. Section 5. Supportino Infrastructure 5.1 In conjunction with the preliminary consistency determination described at subsection 4.4 of this agreement, the School Board and affected local governments will jointly determine the need for, .and timing of, on-site and off-site improvements necessary to support each new school or the proposed significant renovation .of an existing school. Significant renovation shall include construction improvements that result in a greater than five (5) percent increase in student capacity, the location of portables, or additions to existing buildings. The School Board and affected local government will enter into a letter of agreement as to the timing, location, and the party or parties responsible for constructing, . operating and maintaining the required on-site and off-site improvements, respectively. This section shall not be construed to require the affected local unit of government to bear any costs of infrastructure improvements related to school improvements. Section 6. Public Education Facilities Site Plan Review 6.1 The School Board and the County will continue to coordinate any and all proposed construction or expansion of public educational facilities, including the general location of new schools in unincorporated Miami-Dade County, with the County's Comprehensive Development Master Plan (CDMP) and local land development regulations in accordance with the review procedures outiined in Miami-Dade County Resolution R-535-92, as adopted on May 5, 1992. 6.2 The School Board will coordinate any and all proposed construction or expansion of public educational facilities, including the location of new schools or relocatables, within any City's juriSdiction with that City's adopted comprehensive plan, and land development regulations. This coordination shall be accomplished in accordance with the provisions of Section 1013.33 (12) through (15), Florida Statutes. Section 7. Local Plannino Aoencv. Comorehensive Plan Amendments. Rezoninos. and Develooment Approvals 7.1 In accordance with the requirements of and to the extent required by Section 163.3174 (1), Florida Statutes, the County and Cities will invite a Page 8 of 18 I I I-~...._-~-~-----_._-----~---_..- Ju1 01 03 02:19p Office of Cit~ Mana~er 305-466-8919 p.12 staff representative appointed by the School Board, as a non-voting member, to attend meetings of their local planning agencies or equivalent agencies that first consider comprehensive plan amendments and rezonings at which comprehensive plan amendments and rezonings are considered that would, if approved, increase residential density. The County and Cities may, at their sole discretion, appoint such School Board representative to the planning agency, and grant voting status to the School Board member. 7.2 The School Board will designate a staff representative to serve in an advisory support capacity on the County's staff development review committee, or equivalent body. In addition, the School Board representative will be invited to participate at the meetings of the Cities' staff development review committees, or equivalent body, as appropriate, when development and redevelopment proposals are proposed that would create an increase in the number of residential units. It shall be the responsibility of School Board staff to review the potential impact of a proposed (re) development based on current Florida Inventory of School Houses (FISH) capacity (both permanent and relocatables) and be prepared to convey this information in writing to the local staff development review committees at least five days prior to the meeting or development review committee review, for their consideration. The School Board shall only be required to provide such review where the proposed (re) development will result in an increase in FISH capacity (permanent and relocatables) in excess of 115%. This figure shall be considered only as a review threshold and shall not be construed to obligate the County or a City to deny a development should the School Board fail to identify options to meet anticipated demand or should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity. A copy of the plans shall be delivered to the School Board representative at least 15 working days prior to the proposed meeting date, or on the date the agenda is distributed. The School Board's review shall be conducted in accordance with the methods set forth in the procedures manual to be adopted in accordance with the provisions set forth in this Agreement. The procedures manual shall be developed through a collaborative process with the staff working group and in a timely manner to provide meaningful participation by local govemments in the School Board's 2003-04 planning process. 7.3 The County and the Cities agree to transmit to the School Board copies of proposed land use applications and development proposals that may affect student enrollment, enrollment projections, or school facilities. This requirement applies to amendments to the comprehensive plan future land use map, rezonings, developments of regional impact, and other major residential or mixed-use development projects with a residential component. Page 9 of 18 I I Ju1 01 03 02:20p Office of Cit~ Manager 305-466-8919 p.13 7.4 Within 30 days after receipt of notification by the local government, which notification shall include development plans, the School Board will advise the local govemment of the school enrollment impacts anticipated to result from the proposed land use application or development proposal and whether sufficient capacity exists or is planned to accommodate the impacts. School capacity will be reported consistent with State Requirements for Educational Facilities, and shall be based on current FISH capacity at impacted schools (including penTIanent and relocatable satisfactory student stations), as well as any proposed student station additions in the area of impact. The School Board will also include capacity infonTIation on approved charter schools that provide relief in the area of impact. 7.5 If sufficient capacity is not available or planned to serve the development at the time of impact, tha School Board will dete,mine ..rid specify the options available to it to meet the anticipated student enrollment demand. Alternatively, the School Board, local govemment, and developer will use their best efforts to collaboratively develop options that aim to provide the capacity to accommodate new students generated from the new residential development. The School Board shall be responsible to review and consider funding options for the incremental increase in the projected number of students which include, but are not limited to, creation of new community development districts pursuant to Chapter 190, Florida Statutes, creation of educational facilities benefit districts as described in Section 1013.355, Florida Statutes, other available broad-based funding mechanisms to fund school capital construction, developer contributions in the form of land donation set · asides, monetary contributions, or developer provided facility improvements in lieu of impact fees and other School Board approved measures such as public charter schools, public-private partnerships, or a combination of any of these. In its analysis of need, School Board staff shall also include information on the estimated educational facilities impact fee revenues to be generated by the development, as well as on any other available funding for capital projects specifically intended to mitigate the area of impact. This Section shall not be construed to obligate a City to impose, assess or collect a school impact fee, unless provided by generai law. As it relates to the collection of impact fees, this provision shall not be subject to dispute resolution under Section 9 of this Agreement. This Section shall not be construed to obligate a City or County to deny a development should the School Board fail to identify options to meet anticipated demand or should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity. Page 100f18 Jul 01 03 02:20p Office of Cit~ Mana~er 305-466-8919 p.14 7.6 In the review and consideration of comprehensive plan amendments, rezonings, and development proposals, and their respective potential school impacts, the County and Cities should consider the following issues: . a. School Board comments, which may include available school capacity or planned improvements to increase school capacity, including School Board approved charter schools and operational constraints (e.g., establishment of or modifications to attendance boundaries and controlled choice zones), if any, that may impact school capacity within an area, including public-private partnerships; b. The provision of school sites and facilities within planned neighborhoods; c. Compatibiiityofland uses adjacent to existing schools and reserved or proposed school sites; d. The potential for collocation of parks, recreation and neighborhood facilities with school sites; e. The potential for linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access; f. Traffic circulation plans that serve schools and the surrounding neighborhood, including off-site signalization, sign age, and access improvements; g. The general location of public schools proposed in the five-year work plan as well as other available information over a ten and 20-year time frame. . 7.7 In formulating community development plans and programs, the County and Cities should consider the following issues: a. Giving priority to scheduling capital improvements that are coordinated with and meet the capital needs identified in the School Board District Educational Facilities Plan; b. Providing incentives that promote collaborative efforts between the School Board and the pr,ivate sector to develop adequate school facilities in residential developments; c. Targeting community development improvements in older and distressed neighborhoods near existing or proposed School Board owned and operated public schools and School Board approved charter schools; and Page 11 of 18 " Jul 01 03 02:21p Office of Cit~ Manager 305-466-8919 p.15 d. Coordination with neighbering jurisdictiensto address public scheel issues of mutual concern. e. Appreyal and funding of cemmunity development benefit districts (COD'S) and other available funding mechanisms . created by state law. Sectien 8. Collecation and Shared Use 8.1 Collocation and shared use of facilities are important to both the School Board and local governments. The School Beard and Cities and County will work together, via the staff working group and the SSPCC, te look for oppertunities to collocate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, collocation and shared use epportunities will be considered by the local governments when preparing the annual update to the comprehen!;ive plan's schedule of capital improvements and v/hen planning and designing new, or renovating existing, community facilities. For example, potential epportunities for collocation and shared use with public scheels will be considered where compatible for existing or planned libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, the potential for cellocatien and shared use ef school and governmental facilities for joint use by the cemmunity will also be considered. 8.2 A separate agreement. or an amendment to a master agreement between the School Beard and the appropriate local govemment will be develeped for each instance ef colloca.tien and shared use, which addresses legal liability, eperating and maintenance cests, scheduling ef use, and facility supervisien er any ether issues that may arise frem collocatien and shared use. Section 9. Reselution of Disputes 9.1 If the parties te this agreement are unable to reselve any issue in which they may be in disagreen:'ent covered in this agreement, the applicable parties to the dispute will empley dispute reselution procedures pursuant to Chapter 164 or Chapter 186, Flerida Statutes, as amended from time te time, or any other mutually acceptable means of alternative dispute reselutien. Each party shall bear their own attorney's fees. Section 10. Oversiaht Precess 10.1 The Schoel Board, the County and the Miami-Dade County League of Cities shall each appeint an equal number ef citizen .members to serve on a cemmittee to menitor implementation of the interlocal agreement. The Scheel Board shall organize and staff the meetings of this Cemmittee, calling on the staff working group for assistance as needed. It shall Page 12 of 18 11"-" Jul 01 03 02:21p Office of Cit~ Manager 305-466-8919 p.16 provide thirty (30) days written notice of any meeting to the members of the Committee, the staff working group, the SSPCC, County, Cities and to the public. Committee members shall be invited by the School Board to attend all meetings referenced in Sections 1 and 4 and shall receive copies of all reports and documents produced pursuant to this Interlocal agreement. The Committee shall appoint a chairperson, meet at least annually, and report to participating local governments, the School Board and the general public on the effectiveness with which the interlocal agreement is being implemented. Meetings of the Committee shall be conducted as public meetings, and provide opportunities for public participation. Section 11. Effective Date and Term This Agreement shall become effective upon the signatures of the School B6ard and County, and shall remain in full force and effect for a period of five (5) years from the effective date. The execution cf the Agreement by each City shall make It effective as to that City. The failure of any party to execute the Agreement by March 1, 2003 may subject that party to penalties as provided by sti;ltute. This Agreement may be earlier cancelled by mutual agreement of individual Cities or County and the School Board, unless otherwise cancelled as provided or allowed by law. This Agreement may be extended upon the mutual consent of the parties to this Agreement for an additional. five (5) years, on the same terms and conditions as provided herein, provided that the party seeking an extension gives written notice to the other parties of such intent to extend no later than one (1) year prior to the expiration of the then current term, and the other parties agree in writing to such extension. Extensions shall . be valid as to those parties consenting in writing thereto, even if not all parties hereto so consent. Section 12. Severabilitv If any item or provision of this Agreement Is held invalid or unenforceable, the remainder of the Agreement shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. Section 13. Notice and General Conditions A All notices which may be given pursuant to this Agreement, except notices for meetings provided for elsewhere in this Agreement, shall be in writing and shall be delivered by personal service or by certified mail return receipt requested addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the .day on Page 13 of 18 I '~ . ,. Ju1 01 03 02:22p Office of Cit~ Manager 305-466-8919 p.17 which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Phone: (305) 446-8910 Fax: (305) 466-8919 Town Manager Town of Bay Harbor Islands 9665 Bay Harbor Terrace Bay Harbor Islands, Florida 33154 City Manager City of Coral Gables P.O. Box 141549 Coral Gables, Florida 33114-1549 Mayor Village of EI Portal 500 N.E. 87 Street EI Portal, Florida 33138-3517 Mayor City of Florida City P.O. Box 343570 Florida City, Florida 33034-0570 Mayor City of Hialeah P.O. Box 110040 Hialeah, Florida 33011-0040 Chief Zoning Officer City of Hialeah Gardens 10001 N.W. 87 Avenue Hialeah, Gardens, Florida 33016 City Manager City of Homestead 790 North Homestead Boulevard Page 14 of 18 , , -~-~----~-_._-_._'--_._--- Ju1 01 03 02:22p Office of Cit~ Manate~ Homestead, Florida 33030 Village Manager Village of Indian Creek. 9080 Bay Drive Indian Creek Village, Florida 33154 Village Manager . Village of Key Biscayne 85 West Mcintyre Street Key Biscayne, Florida 33149 City Manager City of Miami 350b Pan American Drive Miami, Florida 33133 City Manager City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 Town Manager Town of Miami Lakes 6853 Main Street Miami Lakes, Florida 33014 Village Manager Village of Miami Shores 10050 N.E. Second Avenue Miami Shores, Florida 33138 City of Miami Springs 201 Westward Drive Miami Springs, Florida 33166-5259 City Manager City of North Bay Village 7903 East Drive North Bay Village, Florida 33141 City Manager City of North Miami 776 N.E. 125 Street Page 15 of 18 305-466-8919 p.18 Jul 01 03 02:22p Office of Cit~ Manager North Miami, Florida 33161 City Manager City of North Miami Beach 17011 N.E. 19 Avenue North Miami Beach, Florida 33162 Director of Community Development and Planning City of Opa-Locka 777 Sharazad Boulevard Opa-Locka, Florida 33054 Village Attomey . The Village of Palmetto Bay 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Planning Director Village of Pinecrest 11551 S. Dixie Highway Pinecrest, Florida 33156 City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Deputy City Attomey City of Sunny Isles Beach 17070 Collins Avenue Sunny Isles Beach, Florida 33160 Mayor City of Sweetwater 500 S.w. 109 Avenue Sweetwater, Florida 33174-1398 City Manager City of West Miami 901 S.w. 62 Avenue West Miami, Florida 33144 Miami-Dade County Director Department of Planning & Zoning 111 N.W. First Street . Page 16 of 18 305-466-8919 p.19 Ju1 01 03 02:22p Office of Cit~ Manager 305-466-8919 p.20 Miami, Florida 33128 Superintendent The School Board of Miami-Dade County, Florida 1450 N. E. 2 Avenue, Room 912 Miami, Florida 33132 B. Title and Paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. Section 14. Meroer Clause This Interlocal Agreement together with the Exhibits hereto sets forth the entire agreement between the parties and there are no rromises or understandings other. than those stated therein. It is further agreed that no modification, amendment or alteration of this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herein. The Exhibits to this Agreement will be deemed to be incorporated by reference as though set forth in full herein. In the event of a conflict or inconsistency between this Agreement and the provisions in the incorporated Exhibits then this Agreement will prevail. Any amendment to this Agreement requested by a local legislative body of the County or a participating municipality will be placed on a School Board Agenda for consideration within sixty (60) days of the School Board's receipt of such request. Likewise, any amendments to this Agreement requested by the School Board will be placed on the agenda of the local legislative body of the County and participating municipalities for consideration, within sixty (60) days of receipt of the request. Section 15. Counterparts Clause This Interlocal Agreement may be executed in counterparts and facsimiles shall constitute best evidence for all purposes. Section 16. Supplementary Aareements All parties to this Interlocal Agreement stipulate that the School Board may enter into Supplementary Agreements with individual municipalities to address individual circumstances. Any such Supplementary Agreement shall be consistent with the statutes goveming this Interlocal Agreement. Section 17. Favored Nations Page 17 of 18 I; Ju1 01 03 02:22p Office of Cit~ Manage~ 305-466-8818 p.21 Should the School Board enter into an agreement with another municipality. separate or otherwise, which provides more beneficial terms than those agreed to herein, the School Board shall offer the same terms to all other parties to this Interlocal Agreement. . IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of Miami-Dade County, the Cities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Village of EI Portal. City of Florida City, City of Hialeah. City of Hialeah Gardens, City of Homestead, Village of Indian Creek, Village of Key Biscayne, City of Miami. City of Miami Beach, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Opa-Locka, Village of Palmetto Bay. Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater. and the City of West Miami, and the School Board of Miami-Dade County, Florida, on this day of - , 2003. ATTEST: Chairman, School Board Chairman, Board of County Commissioners Mayor, City of Mayor, City of Page 18 of 18 I I Analysis of Development Impact on Educational Facilities Ol-SP-03 A ventura Landings 8.73 acres at the intersection ofN.E 28tl' Court and N.E. 185'h Street The proposed development consists of 3 tracts: Tract A with 205 condominiums, Tract B with 62 townhouses, and Tract C with 138 condominiums. The potential student impact by tract is estimated as follows: Tract/# of Units Total Elementary Middle Senior Students Tract A - 205 84 39 21 24 condominiums Tract B - 62 25 12 6 7 townhouses Tract C -138 57 26 14 17 condominiums Total' 166 77 41 48 · TIle estimated number of students to be generated is based on Census 2000 information provided by the Miami-Dade County Department of Planning and Zoning. However, the following should be noted: . The Census 2000 information indicates that the K-12 Public School Enrollment for 2000 was 388,728. However, documented sources (M-DCPS and State) indicate that the actual K-12 Public School Enrollment for 2000 was 359,021; an actual enrollment that is nearly 30,000 less than indicated by the Census (i.e., Census 2000 data is approximately 8% greater than actual enrollment). These differences have not been reconciled and, as such, the estimated number of students to be generated may be less than indicated. . Previous student generation rates differentiated by type of housing unit (e.g., single family home, townhouse, apartment). TIle Census 2000 information now used is collapsed across housing type and, as such, is less reliable as a predictor for any particular housing type. As an example, by proportionately adjusting the 2000 data based on the ratio of previous townhouse/condominium rates to the previous rate collapsed across housing type, the proposed townhouse/condominium development would yield approximately 20% fewer students than indicated. . If the student generation rate is adjusted as indicated above, the potential student impact of the proposed townhouse/condominium development would be approximately 119 students. 1 Schools Impacted Membership Permanent PermanenV Temporary Based on 2002-03 Utilization' Utilization - # Port. Attendance Boundaries Std!. Stations' Ojus EI. 2002-03 902 254% 184% (Same for FISH) (134) School Board Item- 905 144% 115% Data as of 3/12/03 Highland Oaks Middle 2002-03 2.385 191% 157% (270) FISH 2,385 213% 171% School Board Item" 2,390 156% 131% Data as of 10/23/02 M. Krop Senior 2002-03 3,556 143% 138% (79) FISH 3,556 150% '1450/,-- . Miami-Dade County Public Schools Five-Year Facilities Work Program, approved September 12, 2002. (Capacity numbers based nn FISH Satisfactory Student Stations and FISH Design Capacity) 2002~03 School Board Agenda Items used for Charter School Decisions .. Membership Permanent Permanent! Temporary Other Area Schools Utilization* Utilization - # Port. Std!. Stations' Boone-Highland 2002-03 1,064 149% 118% Oaks EI. (Same as FISH) (186) School Board Item" 1,074 125% 119% Data as of 10/23/02 Greynolds Park EI. 2002-03 1,358 161% 118% (Same as FISH) (312) School Board Item" 1,354 144% 99% Data as of 3/12/03 J.F. Kennedy Middle 2002-03 2,019 185% 133% (419) FISH 2,019 205% 144% School Board Item" 2,019 138% 114% Data as of 10/23/02 N. Miami Beach Sr. 2002-03 2,895 123% 120% (57) FISH 2,895 129% 126% School Board Item" 2,861 121% 111% Data as of 3/12/03 . Miami-Dade County Public Schools Five-Year Facilities Work Program, approved September 12, 2002. (Capacity numbers based on FISH Satisfactory Student Stations and FISH Design Capacity) 2002~03 School Board Agenda Items used for Charter School Decisions .. 2 1. Utilization: Growth management legislation enacted in 2002 required that the School Board, the county, and all non-exempt municipalities enter into an Interlocal Agreement to jointly establish ways to coordinate their planning processes, including the School Board's review of the potential impact of proposed residential development and its options to meet anticipated student demand. Pursuant to the executed Interlocal Agreement, the School Board has established its threshold for review at 115% utilization of permanent/temporary capacity. The calculations for permanent/temporary utilizations are based on the membership count at the indicated point in time and the permanent/temporary FISH capacity reported to the state in MDCPS' Five-Year Facilities Work Program (Work Program). Further, MOCPS is to advise whetller sufficient capacity exists or is planned to accommodate the impacts (including planned student station additions and charter school capacity.) If sufficient capacity is not available or planned to serve the development at the time of impact, MDCPS is to determine and specify the options available to it to meet the anticipated student enrollment demand. The schools impacted based on current attendance boundaries, as well as those in the immediate area, currently exceed the established review threshold. However, as indicated in this analysis, the additional planned M-DCPS and charter school student stations more than offset the students generated by the proposed development, the existing deficit at the schools impacted by current attendance boundaries, and the existing deficit at the other area schools. 2. Planned Relief Schools and Major Additions' Type of School/ # of Student Other Information Location Stations New eiementary to Site purchase funded for 2002- S/S"D" relieve Broad-Bay 1,045 03. Schooi construction funded Harbor/Ojus for 2005-06 Eiementaries PLC "J-1" @ Ojus Eiem. 280 School construction funded for 2002-03 Middle School @ NE School construction funded for S/S"RR1" 207 Street and NE 14 1,495 2005-06 Avenue Middle Learning School construction funded for S/S"M1" Center @ J.F. 500 2005-06 Kennedv Middle New senior high to School construction funded for S/S "BBB1" relieve N. Miami/N. 2.858 2005-06 Miami Beach Seniors * Miami-Dade County Public Schools Five~Year Facilities Work Program, approved September 12, 2002 3. District-owned/committed Property: The District currentlv owns the following properties: Address Acres Comments NE 202 SI. & NE 2 Ave. 10 acres Vacant NW 183 SI. & NW 12 Ave. 14.49 acres Leased to Miami-Dade Countv for Park NE 207 SI. & NE 14 Ave. 15 acres Vacant - Identified for S/S RR1 3 4. Magnet and Choice Programs: Several schools in MDCPS offer magnet programs, which are choice programs offering themes of study. Any student who attends or is eligible to attend a MOCPS school may apply for admission to a magnet program and, as such, school capacity that might otherwise be available to proposed development, is made available to out-of-area students. The following schools, impacted by the application, or with adjacent attendance boundaries, offer magnet programs: . J.F. Kennedy Middle . North Miami Beach Senior . Dr. Michael Krop Senior 5. Capacity through Charter Schools: There are currently 25 charter schools operating for the 2002-03 school year in Miami-Dade County, serving approximately 7,612 students and with a projected enrollment of 15,481 students. Additionally, MDCPS has approved applications for a total of 59 charter schools to open over the next 5 years. If all were to open, charter schools would serve approximately 49,000 students. Existing or planned charter schools in the area of impact, . including new/expanded charters currently under cunsideration by municipalitie&, are as follows. School/Location Type of Status Enrollment/Capacity School Current Proiected Northeast Academy K-5 Open 416 600 1750 NE 168'h Street Janet Dean Charter School 2003-04 North of Ives Dairy Rd, between K-8 Opening N/A 1200 NE 10'h and NE 121h Avenues Aventura Charter Eiementary 2003-04 School K-5 Opening N/A 600 3333 NE 188'h Street Aventura Charter School K-8 Possible 300 Expansion 6-8 2007-08 N/A 3333 N E 1881h Street Openina considered City of North Miami Charter Projected 1600 Senior High School 9-12 2005-06 N/A considered NE 151" SI. and Bav Vista Blvd. Openina Elem - 2000; Total Middle = 700; Senior - 1600 4 6. Impact Fees: l1lis development will pay school impact fees based on the square footage ofthe units. Based on tile adopted formula [[$600 + (.90 X Unit Size)] X 1.02], this development will pay approximately $ 710,760 in school impact fees (based on 205 condominiums with an average square footage of 1,105;62 townhouses with an average square footage of 1,641.5; and 138 condominiums with an average square footage of 1,275). The Educational Facilities Impact Fee Ordinance provides for three Benefit Districts within which collected impact fees must be spent: the East Benefit District; the Northwest Benefit District; and the Southwest Benefit District. MDCPS' 2002-03 Budget documents indicate that approximately $132 million has been received in impact fees across tlle benefit districts since the enactment of tlle Ordinance (October 1995). Furtller, these documents indicate that annual revenues are anticipated to be $19.265 million, with the average annual collection for the East Benefit Oistrict to be $9 million. The Budget documents indicate that the following projects have been or will be funded by the East Benefit District impact fee revenues. 1 Key Biscayne Elem. Addition 150 West Mcintire SI., Key Biscayne 2 Hubert Sibley Elem. 255 NW. 115 Street 3 S/S "001" K-8 NW. 154 Street, east of Biscayne Blvd. 4 PLC "M" at Madie Ives Elem. 20770 N.E. 14 Avenue, N. Miami Beach 5 Biscayne Elem. Addition 800 77 Street, Miami Beach 6 PLC"P" Aventura area 7 North Beach Elem. Addition 4100 Prairie Avenue, Miami Beach 8 Coral Gables Sr. addition 450 Bird Road, Coral Gables 9 MLC "XX" at Coral Way Elem. 1950 SW. 13 Avenue 10 S/S "B1" Elem. at Ada Merritt Former Ada Merritt site 11 PLC at Shenandoah Elem. 1023 S.w. 21 Avenue 12 PLC at Brentwood Elem. 3101 N.W. 191 Street 13 Ojus Elem. Addition 18600 W. Dixie Highway, N. Miami Beach 14 Kinloch Park Elem. Addition 4275 NW. 1 Street 15 S/S "0" Elem. Aventura area; Broad/Bay Harbor/Ojus reI. 16 MLC at Kensington Park Elem. 711 NW. 30 Avenue 17 Biscayne Gardens Elem. Addition 560 NW. 151 Street 5 Summary Current FISH PermanenV # Over/Under School Enrollmen t Temporary FISH PermanenV Temporary Capacity Elementary Middle Senior Oius Elem. 902 489 1413 0 0 Boone-Hiahland Oaks EI. 1,064 902 1162 0 0 Grevnolds Park EI. 1,358 1,155 1203 0 0 Hiahland Oaks Middle 2385 1,391 0 (994) 0 J.F.Kennedv Middle 2,019 1,404 0 (615) 0 M. Krop Senior 3556 2,445 0 0 (1,111) N. Miami Beach Sr. 2,895 2.302 0 0 1593\ Sub-Total ExistinQ Schools (778) 11,609) 11,704\ S/S"D" 0 1,045 1,045 0 0 PLC "J-1" 0 280 280 0 0 S/S"RR1" 0 1,495 0 1,495 0 S/S"AA1" 0 500 0 500 0 S/S "BBB1" 0 2,858 0 0 2,858 Sub-Total Relief 1,325 1,995 2,858 Schools/Additions Northeast Academv 416 600 184 0 0 Janet Dean Charter School 0 1,200 800 400 0 Aventura Charter 0 600 600 0 0 Elementarv School Aventura Charter School 0 300 0 300 0 K-8 Expansion City of North Miami Charter 0 1,600 0 0 1,600 Senior Hioh School Sub-Total Charter Schools 1,584 700 1,600 Sub-Total without 14,595 18,066 2,131 1,086 2,754 Pronosed Development Pro Dosed Development 166 (77) (41) 1481 Total 14,761 18,066 2,054 1,045 2,706 )> Pursuant to M-DCPS Five Year Facilities Work Program, planned relief schools/additions in the area are to provide 1,325 new elementary student stations, 1,995 new middle school student stations and 2,858 new senior high school student stations. )> New/expanded charter schools in the area are to provide an additional 1,584 elementary, 700 middle, and 1,600 senior high student stations. )> The additional M-DCPS and charter school student stations more than offset the students generated by the proposed development, the existing deficit at the schools impacted by current attendance boundaries, and the existing deficit at the other area schools. )> This development will pay approximately $ 710,760 in school impact fees. 6 RESOLUTION NO. 03-Z-74 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICATION SUBMITTED BY MANDALAY L.L.C., (Z2003-02), SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on January 27, 2003, Mandalay L.L.C., submitted an application to the City of Sunny Isles Beach, Florida requesting the following: 1. Pursuant to Section 515 of tl1e City of Sunny Isles Beach Land Development Regulations the Applicant is requesting to transfer 33,657 square feet of development rights from the City. 2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations the Applicant is requesting a site plan approval for a 29 story, 90-unit condominium. 3. Pursuant to Section 703.8.4(h) of the City of Sunny Isles Beach land Oevelopment Regulations, the applicant is requesting to waive the Beach Access Easement requirement under the code. 4. Variance of Setback to permit a proposed parking pedestal to setback 2.33 ft. from tl1e interior (north) property line (20 ft. required) and setback 0.00 ft. from the interior (south) property line (20 ft required). LEGAL: North 59 feet of Lot 95, together with the South 41 feet of Lot 96 of Tatum's Ocean Beach park, Plat Book 5 Page 35. ADDRESS: 16275 Collins Avenue And, WHEREAS, on June 19, 2003, the City Commission conducted a public hearing on tl1e application submitted by Applicant; and WHEREAS, the applicant requested withdrawal ofrequests #3 and #4, and WHEREAS, the public hearing of the City Commission was advertised and held as required by law and all interested parties concerned in tl1e matter were heard, and upon due and property consideration given to tl1e matter and to the positive recommendation of the joint memorandum from the Planning and Zoning Administrator and Planning Consultant; and 03-Z.74 Mandalay LLC Reso JLV/ed Rev. LMD/ch I WHEREAS, the City Commission has reviewed the application, and finds substantial competent evidence to support a showing by the Applicant that the request for site plan approval and for the Transfer of Development Rights are in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintain the basic intent and purpose of the zoning, subdivision or other land use regulations, which is to protect keep in general welfare of the public, particularly as it affects tl1e stability and appearance of the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: II. APPROVALS. The Applicant's request for a Transfer of Development Rights, Site Plan Approval is hereby approved as follow: I. Pursuant to Section 515 of the City of Sunny Isles Beach Land Oevelopment Regulations, the applicant is requesting to transfer 33,657 square feet of development rights from the City. This approval is subject to the acceptance of an appraisal amount on a square footage basis that will be determined by an MAl appraisal acceptable to the City Manager, taking into account the new zoning approval in accordance with this resolution, and further procedures being developed to effectuate tl1is program, notwithstanding tl1e fact that such procedures may be formally adopted subsequent to this particular approval. 2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Oevelopment Regulations the applicant is requesting a site approval for a 29 story, 90-unit condominium. The approval and all conditions listed below are transferable to applicant's successor, buyers or assignee and subject to the conditions set forth below being performed to the satisfaction of the City and subject to all procedures to be adopted relating to that transfer. III. CONDITIONS A. Conditions to be completed before buildin!! permits are issued or any construction commenced I. That an up to date appraisal of the property (current to within 60 days) be approved by the City. The City Manager shall agree on the T.D.R. value before issuance of any building permits (demolition, sales trailer permit does not constitute a building permit). The applicant and shall pay the amount determined by the City for the transfer of thirty- three thousand six hundred fifty-seven square feet (33,657 sq. ft.) of development rights from the City (a Sender Site) to the subject property described hereinabove (Receiver Site) as approved by the City Commission in tl1is Resolution. The Applicant OJ-Z-74 Mandalay LLC Reso 2 JLV/ed Rev. LMD/ch shall submit any and all otl1er documentation and payments required by the City to effectuate the transfer of development rights and further procedures being developed to effectuate this program, notwitl1standing the fact that such procedures may be formally adopted subsequent to this particular approval. 2. Upon the submittal of an application for a building permit, the plans submitted shall meet with tl1e approval of the Planning and Zoning Administrator and be consistent witl1 the specific site plan approved by the City Commission. Plans shall include all the required elements of tl1e site plan pursuant to tl1e City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Ordinance 2003-167 adopted March 20, 2003, the Applicant shall be required to obtain another approval of the City Commission. 3. That in the approval of the plan, the same be substantially in accordance and consistent with site plan presented at the City Commission hearing on February 20, 2003, entitled "Sayan", prepared by The Seiger Suarez Architectural Partnership consisting of32 sheets dated revised 6/02/03 and plan entitled "Sayan Condominium Conceptual Paving, Drainage, Water and Sewer Plan", prepared by Fortin, Leavy, Skiles, Inc., consisting of two sheet dated revised 4/03/03, plan entitled "Sayan Condominium Existing Driveway Location", prepared by Fortin, Leavy, Skiles, Inc., dated 4-01-03, plan entitled "Boundary Survey", prepared by Fortin, Leavy, Skiles, Inc., dated 4-01-03 consisting of two sheets, and plan entitled "Site Entrance Lighting", prepared by The Seiger Suarez Architectural Partnership dated sign and seal 4-03-03. Plans may be modified at public hearing. 4. That a plan be submitted to the Planning and Zoning Administrator, Landscape Architect and Planning Consultant including their in-house experts, for their review. Plans shall include all easements to be proffered by the Applicant to the City, including but not limited to beach access easements exactly as represented to the City Commission by site plan drawing and oral representation, ten-foot (10') landscaping streetscape easement as per Streetscape Master Plan, if applicable. Plans shall show the type and size of plant materials, which shall coordinate with tl1e approved Streetscape Master Plan prior to tl1e issuance ofa building permit. 5. That tl1e applicant submit a Declaration of Restriction in recordable form acceptable to tl1e Zoning Director prior to submittal for an application for building permit, which proffers the beach access, landscaping, easements over, across, under and through. Maintenance for such easement parcels proffered to the City, shall be the responsibility of the applicant, including 24-hour valet parking services for owners and guests, among otl1er things. 6. That the Applicant shall present evidence of performance to the Planning and Zoning Administrator of the obligation required to qualify for the Floor Area Ratio bonus under Section 703.9.5 of the code. 03-Z-74 Mandalay LLC Reso ILV/ed Rev. LMD/ch 3 a) Beach Access 0.10 FAR $ -0- b) Beach Access Trust Fund 0.20 FAR $ 47,600 c) Public Beach Rec. Enhancement 0.50 FAR $, 119,000 d) Collins Ave Streetscape 0.30 FAR $ 71,400 e) Sunny Isles Public Parking 0.20 FAR $ 47.600 Total 1.30 FAR $ 285,600 The total contribution for all Floor Area Ratio bonuses for the development is $285,600 for a total increase in floor area ratio of 1.3 for a maximum floor area ratio of 3.8. If development is permitted in phases the bonus contribution shall be pro rated for each phase. 7. That the applicant contribute to tl1e Off-Street Parking Fund as per Section 801.1.2(b) for the buy down of20% (27 parking spaces) oftl1e required parking spaces. 8. That in the event of multiple ownership, a homeowner's association be established in accordance with applicable regulations to assure that all common areas and facilities for the residents, as well as all easements dedicated to the City shall be maintained in continuous and satisfactory marmer, and witl10ut expense to the general taxpayers of the City of Surmy Isles Beach. 9. That the Applicant comply witl1 all conditions and requirements of the Department 0 f Environmental Resource and Management (DERM), the Fire Department, Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FDOT). 10. No building permits shall be issued unless the Applicant has submitted all documents referred under this approval and shall have paid all impact fees, bonuses and Transfer of Development Rights (if applicable), professional fees (as per Ordinance 2001-132 and such other applicable Land Development Regulations) due to tl1e City. 11. Under Ordinance 2001-132, the City Manager and lor his/her designee in review of any application, has and may continue to refer any such application presented to it to such engineering, planning, legal, technical, or environmental consultant or professional( s) employed by the City as the Manager shall deem reasonably necessary to enable himlher to review such application as required by law. Charges made by such consultants or professionals shall be in accord witl1 the charges customarily made for such services in Miami Dade County, and pursuant to an existing contractual agreement by and between tl1e City and such consultant. Charges made by tl1e City shall be in accord with tl1e hourly rates charges by such consultants or hourly rates of employed professionals and shall be paid prior to the issuance of a building permit (demolition, sales trailer permit does not constitute a building permit). To date, Applicant owes $15,695.07 additional professional fees which must be paid prior to issuance of a building permit. 03-2-74 Mandalay LLC Reso JLV/ed Rev. LMD/ch 4 12. At the time of submission of any application for building permit, after the development order has been approved, applicant shall fund an escrow account b e established, from which witl1drawals would be made to reimburse the City for tl1e cost of professional review services, if any. The applicant shall provide funds to the City for deposit into such account in an amount to be detennined by the City Manager or his designee, based on his/her evaluation of tl1e nature and complexity of tl1e application. The Applicant shall be provided with copies of any City voucher for such services as tl1ey are submitted to tl1e City. When the balance in such escrow is reduced to one-tl1ird (1/3) of its initial amount, the Applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within thirty-days (30) after tl1e Applicant is notified, in writing, of tl1e requirements for such additional deposit, tl1e City may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit shall not be issued unless all professional review fees charged in connection with tl1e Applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, tl1e City shall refund to the Applicant any funds remaining on deposit. B. Conditions to be completed before any Certificate of Occupancy is issued. I. That the Applicant demonstrates that they are in compliance with all terms and conditions under this approval. 2. Applicant shall pay all fees related to the review of the application described herein and shall have paid all other fees due to tl1e City. C. Other Conditions I. That tl1e Applicant obtains a Certificate of Occupancy and a Certificate of Use from the City upon compliance with all terms and conditions. The Certificate of Occupancy and Certificate of Use shall be subject to cancellation upon violation of any oftl1e conditions. 2. That the City Manager will discuss with tl1e Police Department whetl1er tl1e beach access should be gated. 3. That the approved site plan shall remain valid for a period of 24 - montl1s from the date of approval. Ifno building permit is issued witl1in tl1e 24 -month time period, the site plan shall be considered null and void and of no force and effect. 4. That the Applicant complies with all City Ordinances applicable to development and permit approvals. 5. That tl1e Applicant shall submit a Declaration of Restrictions, in recordable fonn, acceptable to the Planning and Zoning Administrator prior to submittal for an application for building pennit, which proffers the maintenance of the landscape in tl1e swale area along the frontage of the property. 03.2-74 Mandalay LLC Reso JLV/ed Rev. LMO/ch 5 FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFfER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. IV. SEVERABILITY AND EFFECTIVE DATE. I. If any section, subsection, clause of provision of this Resolution is held invalid, the remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 2. This Resolution shall become effective upon adoption. PASSED and ADOPTED tl1is 19'h day of June 2003. - ~ By: " ~ ~ , A'J:TEST: , '. >>. \'AL-' \",. ",... - ..:~~~... .:. ftrt4 . , . .v. .... ,Jane A. Hines, Acting City Clerk . . . . David Samson, Mayor ". ~' ';' APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: 5-0 Mayor Samson Vice Mayor EdeIcup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman Second by: 0.t-.hY\"""~~l1>oO"..I2' T ~1 S~L ~ C/\~rM1ru."I\'l't.L ~ Moved by: Vyes _no V yes _no 0ves _no 0es_no es_no 03-Z-74 Mandalay LLC Reso JLV/ed Rev. LMD/ch 6 STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, JANE A. HINES, Acting City Clerk of tl1e City of Sunny Isles Beach, Florida, do hereby certify tl1at the above and foregoing is a true and correct copy of Resolution No. 03-2-74 adopted by the City Commission at its meeting held on tl1e ,q-U. day of0u rte.... ,2003. 4. r,~:: ., Issued: ~14.\,,\ ~)"ZOO:s c::-,~ Jane A. Hines " Acting City Cle'rR " ~ Ai1b: ' ',' , , .... .' ! /' . .',' ...: . ,,) ", ~: :< , ,/ 'r,") :'.' . . , , -. . .. .. ,.. " ' 7 OF SU~ To: From: Date: Re: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 City Commission David Samson, Mayor Norma. S. Edeleup, Vice Mayor Gerry Goodman, Commissioner nanny Iglesias, Commissioner Lila Kauffman, Commissioner (305) 947-{l606 City Hall (305) 947-2150 Building Department (305) 949-31 13 Fax Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Jane A. Hines, Acting City Clerk MEMORANDUM The Honorable Mayor and City Commission Jorge 1. Vera, Planning and Zoning Administrator Shelley Eichner, Calvin, Giordano & Associates, Inc. May 15 2003 Zoning Hearing #Z2003-02 Applicant: Mandalay 1.1.C. Owner/Developer: Sayan Developers, Inc. Proposed Use: Land Area: Location: Land Use: Zoning: 90 Condominium Units 37,397 s.f. (0.859 acres) 16275 Collins Avenue Mixed Use - High Density/Resort MU-R (Mixed Use - Resort) Base FAR 2.5 Bonus FAR 1.3 Total FAR 4.7 with TDRs I. TECHNICAL REVIEW 1. Setbacks: Required Provided Front Building 75' 86'3" Porte-Cochere 50' 50' 16 Agenda Item G:. A Date 5-J~-03 May 15, 2003 Page 2 Rear Bulkhead line or 20' from the rear property Bulkhead line line whichever is closer to Collins Avenue (for parcels under 200' in width) Side North 20' 2'4" Side South 20' 0' Interior Buildings N/A N/A SeDaration 2. Height: 297' 10" main roof 327' 7" top of architectural element 3. Open Space: Required: 40% Provided: 48.5% 4. Parking: Required Provided Regular 135 122 (10% Off-Site Trust Fund) Loadine: One soace I I' x 35' Provided HandicaD Provide Provided 5. Lighting: Provided 6. Signage: Provided II. GENERAL COMMENTS: Site Plan 1. Provide side setbacks as specified in 703.8.4 (d)(2). That portion of the parking structure located on tl1e soutl1 side of the site is not exempt from required setbacks since tl1e structure is not below six (6) feel above grade. That portion of the parking structure located on tl1e east side of the site is not exempt from required setbacks since the structure is not below six (6) feet above grade and does not exceed twenty (20) feet above grade as specified in Section 703.8.4(m). 17 May 15, 2003 Page 3 The parking/electric room structure located on the north side of the site is not exempt from required setbacks since the structure is not below six (6) feet above grade. The Porte-Cochere is not exempt from required setbacks since the structure is not below six (6) feet above grade. Please note tl1at "grade" is defined as tl1e average elevation of the top of curb (sidewalk) of the road fronting the property as measured across the width of the property. If no curb or sidewalk exists, the elevation of tl1e centerline of the road fronting tl1e property shall be used. 2. Provide beach access easement as specified in 703.8.4 (h). Beach access easements may only be waived by the City Commission upon written determination by tl1e Zoning and Planning Director tl1at in the interest of protecting the public safely and welfare, provision of a beach access way at a mid block location constitutes a potential safely hazard as an inducement to illegal pedestrian crossing of CoIlins Avenue or it may be waived if the proposed beach access is adjacent to a public park. The Zoning and Planning Director has made no determination that a beach access easement would create a potential safety hazard nor is the property adjacent to a public park. The nortl1 side of the property is a logical location for a beach access easement since it is adjacent to a crosswalk at tl1e intersection of Collins A venue and Atlantic Avenue Traffic Onerations 1. A traffic engineering review was performed for the above resubmitted queuing study to address previously offered comments. Based on our review, we generally concur tl1at sufficient storage will be provided on-site to accommodate tl1e anticipated queue. This conclusion, and our concurrence, assumes tl1at at least 150 feet of stacking distance will be provided internally, as measured from the valet drop-off location to the edge of tl1e driveway connection to CoIlins Avenue 2. The Applicant continues to present two access connections to SR-AIAlCollins Avenue along the frontage of the property. The proposed spacing is significantly less tl1an tl1at identified per Access Management criteria, which creates numerous traffic operations and vehicular conflict problems, especially for residents of Sayan Condominiums who wish to travel soutl1 on CoIlins Avenue. Please note that the Applicant must receive and provide conceptual approval for this proposed access configuration by tl1e Florida Depar1ment of Transportation. To that extent, we continue to advocate consolidating the two connections into a single right-in, right- out connection located as far south of the intersection of Collins Avenue and Atlantic Avenue 18 May 15,2003 Page 4 3. Given the provision of tandem parking spaces, it is assumed that 24-hour valet parking will be provided on-site for all residents Should tl1e City Commission find that the Section 703.8.4 (m) does not provide tl1at parking structures tl1at fall within the VE zone are exempt from setbacks tl1en a variance is needed to reduce tl1e required setbacks to zero (0) feet. In reviewing a variance request, tl1e following standards shall apply. Code Section 505: Variances Section 505.7 Standards of Review Florida Courts have held tl1at a legal hardship will be found to exist onlv in tl10se cases where tl1e property is virtually unusable or incapable of yielding a reasonable return when used pursuant to tl1e applicable zoning code. The City's Land Development Code (Section 505.7) provides tl1at a variance shall be granted only where competent and substantial evidence presented in tl1e particular case shows tl1at all of tl1e following are met: (a) Special conditions and circumstances exist which are peculiar to tl1e land, structure, or building involved and which are NOT applicable to otl1er lands, structures or buildings in tl1e same zoning district and deny all reasonable economic return; · Staff Evaluation: No special conditions and circumstances exist which are peculiar to the land or buildings involved and deny all reasonable economic return. The lot size and proposed use are typical of the surrounding area. (b) The special conditions and circumstances do NOT result from the actions of the petitioner; · Staff Evaluation: No special conditions and circumstances exist which are peculiar to tl1e land or buildings involved. (c) Literal interpretation of tl1e provisions of these LDRs deprives the applicant of rights commonly enjoyed by other properties in tl1e same zoning district under the terms of this zoning ordinance and works unnecessary and undue hardship on tl1e applicant; · Staff Evaluation: It does not appear tl1at tl1e literal interpretation of tl1e LDRs would deprive tl1e applicant of rights commonly enjoyed by other properties in tl1e same zoning district or create an unnecessary and undue hardship on tl1e applicant. The applicant should modify tl1e proposed site plan to be consistent witl1 tl1e LDRs. (d) The alleged hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent witl1 tl1e LDRs; · Staff Evaluation: The alleged hardship has been created by way of the applicant's site plan design. 19 May 15,2003 Page 5 ( e) Granting of the variance requested conveys the same treatment to the individual owner as to the owner of otl1er lands, buildings or structures in tl1e Same zoning district; · Staff Evaluation: Other properties within the same zoning district have not been granted variances for tl1is type of request. (f) The variance, if granted, is the minimum variance that makes possible tl1e reasonable use of tl1e land, building or structure. · Staff Evaluation: It does not appear that tl1e variances requested are tl1e minimum necessary to make possible tl1e reasonable use of tl1e land. Evidence has not been provided tl1at demonstrates conformance with tl1e LDRs would preclude tl1e applicant from developing tl1e site consistent witl1 tl1e permitted uses of the MUR Zoning District. Due to section 505.7, by competent and substantial evidence presented, all of the above must be met. Due to this Code requirement, staff would have no choice but to recommend denial of tl1e variance. III. RECOMMENDATION If the City Commission finds tl1at this site plan eitl1er complies witl1 tl1e provisions of Section 703.8.4(m) of the Land Development Regulations or if the City Commission grants the variance to reduce tl1e side setbacks, and iftl1e City Commission waives the provision of a beach access easement, tl1en tl1e site plan may be recommended for approval with the following conditions: Prior to the issuance of a building permit: I. All permits from the applicable regulatory agencies must be obtained prior to the issuance of a building permit. 2. Payment of$312,676 in participation units in order to qualify for tl1e bonus FAR. 3. The applicant submits all documents and fees necessary for the Transfer of Development Rights to achieve a total FAR of 4. 7. 4. The applicant submits a Declaration of Restriction in recordable form acceptable to the City Attorney tl1at provides for 24-hour valet parking for owners and guests. 5. A homeowner's association is established in accordance with applicable regulations to assure that all common areas and facilities for the residents, as well as all easements dedicated to the City shall be maintained in continuous and 20 May 15, 2003 Page 6 satisfactory marmer and witl10ut expense to tl1e general taxpayers of the City of Sunny Isles Beach. Prior to the issuance of a Certificate of Occuoancv: 1. The applicant demonstrates tl1at tl1ey are in compliance witl1 all terms and conditions under this approval. 2. The applicant shall have paid all fees related to tl1e review of tl1is application and all other fees due to ilie City. Other Conditions The applicant must comply wiili all oilier conditions that may be imposed by the City Commission at tl1e time of site plan consideration. 21 &~~- January 27, 2003 Jorge Vera Zoning Director 17070 Collins Avenue Suite 250 Sunny Isles, Florida 33160 Re: Administrative Site Plan Review of the Sayan Condominium, 16275 Collins Avenue Sunny Isles, Florida 33139 Dear Jorge: The plan to develop the Sayan condominium is composed 0 f a ninety lInit condominium in a twenty nine story building. The development planned meets all the requirements of the Land Development Regulations of the city of Sunny Isles, The development is below the allowed FAR of and the allowed density. It is also much less than the original approved development on the same site which had a density of 168 units. The entire garage is covered with an enclosed architectural theme structure that fully screens vehicles from exterior views maintaining the elevation of the building intact. We look forward to a favorable review of our application by the commissioners and staff, and to continue developing in the city of Sunny Isles. Ve ,~-i~ Joseph Milton 305.692.8500 I 305.692.8501 t ~:,\(1 Stmnv bit>.., B~)tllt'v(lrJ, Sunnv [f;le~ nt:'<~dl. Fl33160 22 .,- ~) City of SUIlnY Isles Beach 17970 Collins Avenue, Suite 250 - SUIlnY Isles Beach, Florida 33160 (305) 947-0606 City Hill (305) 949-31t3 Fax (305) 947-2150 Building Deputm<nt (305) 947-5t07 Fax PUBLIC HEARING APPLICATION PLEASE TYPE OR PRINT LEGIBLY, IN INK, ALL INfORMATION ON APPLICATION Hearing # Date Received 1. Name of Applicant MANDALAY , LLC a. if applicUlt is owner, give name aactly .. ",corded on deed. b. If applic:.ant is Ie......, attach copy of valid lease of one (1) year or more and Owaen Swom-to-ConsetlL C. If applicant is co<pontion, partnership, limited partnership, or trustee, a sepante Dioclosure of Interest &om must be completed. Mailing Address 16275 Collins Avenue City !=;nnny T~l p.~ Rp;lC"h State 'FloTin~ Zip "l,Q Tel. # (during working hours) (05) 692-8500 2.,~ Name of Property Owner Mandalay, LLC 3. Mailing Address 16275 Collins Avenue Other City Sunny Isles Beach State Florida Zip 33139 TeL# (during working hours) (305) 692-8500 Other 4. Contact Person Joseoh Milton Mailing Address 3211, Ponce de Leon Blvd., Suite 301 City Coral Gables State Florida Zip 33134 Other (305) 343-1820 TeL # (during working hours) (305) 460-6300 5. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION a. if subdivided, provide lot, block, complete name of subdivision, plat book and P"8" number. b. if metes U1d boWlds description, provide complete desaiplion (mcluding ""ction, lOwtIship U1d range). c. if sepante request apply to diff=t ar.... provide the legal description of each area covered by a sepante request. d. attach a sepuate, rypcd sheet if nece..ozy. V crify the legal i. COrrcCL f4 23 52 42 Tatums Ocean Beach PK PB 5-35 N59FT Lot 95 & 541FT Lot 96 Lvini F. of ~t Rd AlA (!=;ee att:u,:hpn full np~C'Tipt"inn) City of Sunny Isle. Beach Public Hearing Application 2003, (cd) 2 3 o , '" ..., , o "" '"0 '" o '" '" n < o 6. Address or location of subject property: 1627S Collin~ AV"nl1" 7. Size ofpropeny: 375 ft. x 101 ft. acres 0.869 8. Date subject properly acquiredfl or leased 0 $ t= ofIease years/months. 9. Docs property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (lfIengthy, please type on a sheet labeled "Contiguous Property". day of Ortoh"r I qq9 No 10. Is there an option to purchase UII or lease 0 the subject property or properly contiguous thereto? ltl Yes or 0 No If yes, who are the potential purchaser or lessees? (Complete section of Disclosure of Interest form also). ,. Savan Develooers~ Inc. 11. Present zoning classification (5): Mixed Use Resort District (MUR) 12. REQUEST (S) COVERED UNDER THIS APPLICATION: Please check the appropriate box and give a brief description of the nature of the request in the space provided. o Comprehensive Plan Amendment o District Boundary (Zone) Change (s) I!I Site Plan Approval o Conditional Use o Variance o Plat Approval o Transfer Development Rights o Vested Rights o Appeals o Modification/Deletion of Declaration or Covenant t3. Has a public hearing been held on this property within the last year and a half? 0 yes Il!I no If yes, applicants name Date of hearing Nature of hearing 2 City of Sunny Isle. Beach Public Hearing Application 2003 (ed) 24 Decision of hearing Resolution # 14. Is this hearing being requested as a result of violation notice? 0 yes IXI no If yes, give name to which violation notice was sCtved N aturc of violation 15. Are there any existing structures on the property? 0 yes [J no If yes, briefly describe 16. Is there any existing use on the property? 0 yes Xl no If yes, what is the use and when was it established? Use Established ,. City of SWII1Y Isles Beach Public Hearing Application 2003 (ed) 3 25 OWNER OR TENANT AFFIDAVIT 1. . being fiISt duly swom, depose and say that I am the 0 owner 0 tenant ot the property de=bed and which is the subject matter of the proposed heuing; matter attached to and made a part of the application are bonest and true to the best of my knowledge and belief. I undentand this application must be complete and accurate befote the application can be submitted and the hearing advertised. Signature Swom to and subscribed to befote me this_day of Notuy Public Commission Expires f9 :'>1!2:rt:~'~'~::~"""''''''''''coiipo'RATIO~~~~':=:'=:=::.~:~.:~.=.=.:~............. ~tesident 0 Vice Ptesident and 0 Sectetuy 0 Aut. SeCtetuy of the afotesaid cotporation and as such, have been authorized by the cotpotation to file this application for public heuing; that aD answen to the questions in said application and aD sketches, data and other supplementary matter attached to and made a part of this application are hoqest and true to the best of our kno....ledge and belief; that said cotpotation is the 0 owner 0 tenant of the property described herein and which is the subject matter of the proposed hearing. We undentand this application must be -...-.- ...",..;.",="'-::z:~ ) Pte~ts . ature (Co,!,. Seal) Attest ~ ~~~s~ecreiary'~s . . Swom to and subscribed to befote me this~~yof j~"-j ZOO~ Notary Public SaDdm GlIRIa.EalJada Commission Expires '5 ~'2..C~O" t'-......... # 00104315 1IIlIIdI.II;-2OO&................................................................................................................ Bondld tI>n1 P ARTNFRSHIP AFFIDAVIT We, . Q~ swam depose and say that "'" are pannen of the hen:inafter tWned parmenhip and as such, have been authorized to file this application for a public bearing; that aD an......n to the questions in said application and aD sketche., dam and other supplementary matter attached to and made a part of thi. application are honest and true to the best of our knowledge and belief; that said partnenhip i. the 0 owner 0 tenant of the property described herein. which is the subject matter of the proposed hearing. We understand this application must be complete and accurate befote the application can be ~ubmitted and heating advertised. (Name of Partnership) By By S....om to and subscribed to betOte me this day of % % By By % % Notuy Public Commission Expires ........u......................................................................................................................................................................... City of Sunny Isles Beach Public Heating Application 2003 (ed) 4 26 ..u.........u........................................i'.i'M'iTRO.PARTNF.RSmP.AFFiD.;:ViT........................................................ We, the undersigned, being first duly swam depose and say wt we :are putnen of the heIcUWter lWDCd limited partlIcrsbip and as such, ~ been aumori2ed to 6lc tbia application for a public hcariog; that all aDSWCrs to the question, in ,aid application and all sketches, data and other ,upplemcncuy matter attached to and made a part of this applic.ation :are honest and true to the ben of our bowI.dge and belief, Wt said limited partnership is the 0 owner 0 lctw1t of the propcrry dc.aibed hc%ein, which is the subject matter of the proposed heaCng. We understand this application must be complete and accurate before the application can be submitted and hearing advettiscd. (Name of Limited Pa:tncr.ship) By By Swom to and subscribed to before me this day of % % By By % % Nowy Public Corumiuion Expires ..~...........................u.............................................................................................................................................. TRUST AFFIDAVIT I. , being first duly swam, depose and say that I am the trustee for the property described and which is the subject matter of the proposed hearing; that all anowe.. to the queStiOl1s in thi, appllcatiOl1 and all sketch data and other supplcmencuy matter attached to and made a part of the application :are honesr and true to the best of my ltnow1edge and belief. I understand tbia application must be complete and accurate before the application can be submitted and the hearing advertised. Swom to and subscribed to before me tbia day of Signarurc Nowy Public Commission Expires .............................................................................................................................................................................. AITORNEY AFFIDAVIT 1. , being first duly sworn, depose and say tb2t I am a State of Florida AllOmcy At Law and I am the Allomey for the Owner of the propcrry descu"bcd and which is the subject matter of the proposed hearing; Wt all UlSWCIS to the questions in tbia applicatiOl1 and all sketch data and other suppIemencuy matter attached to and made a part of the applicatiOl1 :are honest and true to the best of my knowledge and bclief. I undentand thi. application must be complete and accurate before the application can be submitted and the hearing advertised. Signature Swom to and subscribed to before me tbia day of Nowy Public Commission EapiIe. ..............................u.............................~..........u....~.....~.u.u...u......u..~.uu..u.u.................................................... 5 City of Sunny Isles Beach Public Hearing Application 2003 (ed) 27 OWNERSHIP AFFIDAVIT FOR CORPORATION STATE OF Florida Public Hearing No. COUN1Y OF Dade , 1/ ~../"" ~,.,...- Before me, the undersigned authority, personally appeared .iaaft- Lus t iI1;man , hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is th~vice-president or CEO of the Mandalay, LLC CorpoJ:2tion, with the following address: . 16275 Collins Avenue 2. The Corporation owns the property, which is the subject of the proposed hearing. 3. The subject property is legally descn'bed as: .14 23 52 42 Tatums Ocean Beach Pk PB 5-35 N59FT Lot 95 & 541FT Lot 96 Lying ~ E of 5t Rd AlA (see attached full description) 4. Affiant is legally authorized to file this application for public hearing: 5. Affiant understands this affidavit is subject to the penalties oflaw for perjury and the possibility of voiding of any zoning granted at public hearing. wryj ,.,. S~ature.l I, I \J 0> ~4' It" Mol \..n.n.-J ~~ ~- Signature CIHW...-e\ )~~ Print Name Sworn to and subscribed before me on the~y of Affiant islPersonally knowlilo me or has produced Identification. ~-~ ~"',. Affiant's S' e ~ ~ Lusti~n Print.Name ....,,' Stmdm Garcia-EllJada . r--'-lM\ # DDl04315 · . IilpllB VIIII:h 28, 2006 =. 1oIIdIcI1Ilru 1m, \ AtIaIltlc Bonding Co..lnc. ja.-.t\l..:>~ cJOJlOr~~ Notary (Stamp/Seal) .2002- , Commission Expires:~:z.'i'IOCo 7 City of Sunny Isle. Beach Public Hearing Application 2003 (ed) 28 Public Hearing No: RESPONSABIUTIES OF THE APPUCANr PLEASE READ CAREFULLY BEFORE SIGNNING I hereby acknowledge that I am aware that the Department of Environmental Resources Management (DERM) and the Miami-Dade County Fire Department (MDFD) will review and comment on all devdopment applications. These comments sometimes include requirements for an additional public hearing before DERM Environmental Quality Control Board, (EQCB) the preparation and execution of agreements to run with the land, which are recorded, prior to obtaining a building permit. I understand that is my responsibilities as the applicant or applicants representative to promptly follow through with the compliance of DERM and MDFD requirements or to advise this office in writing if the application will not go forward and may be considered withdrawn. Contact with the above-mentioned agencies is advised during the hearing process. Permit requirements: I also understand that the Florida Building Code, DERM and MDFD may contain requirements that affect my ability to obtain a required building permit for my project, even ~if the zoning application is approved at public hearing. I am aware that a Building Permit is required for all construction and that I am responsible for obtaining the required permit, all required inspections, the Certificate of Use and Occupancy or Certificate of Completion for any and all structures and additions whether proposed or existing without permits. Additionally I am aware a Certificate of Use and Occupancy must be obtained for the use of the property, if approved at a Zoning Hearing and that failure to obtain the required permits and/or Certificates of Completion, Use and Occupancy will result in the initiation of enforcement action against the occupant and owner. I further understand that submittal of Zoning Hearing application will not necessary forestall enforcement action against the property. Fees: I understand that the hearing fees paid at the time of filing may not be the total cost of the hearing and that I will be advised of the following fees which must be p promptly; additional radius fee changes or additions to the hearing application or plan Signature J"o~, If- /-). i l.,ttN Print Name Notary: Sworn to c::?.M..da 0 cribed before me this ~tI!> ."l"lI:... YVONNE A. BOODEN f!".~,~ MY COMMISSION' CC 888402 , '. . i EXPIRES: MarcIt 4, 2004 ~.' .....,.1lu\I-.y__ City of SWUlY Isle. Beach Public Hearing Application 2003 Ced) 29 11 DISCLOSURE OF INTEREST If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and principal officers or stockholders consist of another corpontion (s), trustee (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). Mandalay, LLC Corporation Name ~ Name. Address and Office ~",- ~ LustiR1Dl1n Percen~ of Stock 100% ~ If the property, which is the subject of the application, is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. {Note: where the beneficiary (s) consist of corporation (s), another trust (s), partnership (s) or other similar entities, further disclosure shall be required which disclosures the identity of the individual (s), (natural persons) having the ultimate ownership interest in the aforementioned entity}. Trust Name Name and Address Percentag.e ofInterest City of Sunny Isle. Beach Public Hearing l\pplicalion 2003 (cd) 12 30 , i If the property, which is the subject of the a.pplication, is owned or lease by a PARNERTSHIP or UMlTED PARTNERSHIP, list the principals of the partnership, including general and limited partners. {Note; where the other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural person) having the ultimate ownership interest in the aforementioned entity}. PARTNERSHIP OR LIMITED PARTNERSHIP NAME NAME AND ADDRESS PERCENTAGE OF OWNERSHIP .~ If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not and whether a Corporation, Trustee or Partnership list the names of the contract purchasers below, including the principal officers, stockholders, beneficiaries or partners. {Note; where the principal officers, stockholders, beneficiaries or partners consist of another corporation, trust, partnership or other similar entities, further disclosure shall be required which discloses the identity of the individual (s) (natural persons) having the ultimate ownership interest in the aforementioned entity}. Sayan Developers, Inc. NAME NAME ADDRESS AND OFFICE (If applicable) Percen~ of Interest Frank Milton 42.5% 7.5% 35.0% 7.5% 7.5% ?Y Yost Gil ~Lusti~man Michael Lusti~man Ronnv Lustill1l1an Date of Contract ~ \~ I tao"L- City of SWIJ1Y Isles Beach Public Heating Application 2003 (ed) 13 31 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a cotporation, partnership or trust. For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in the appliClLtion to the best of my knowledge and belief. Signature: ~ (Applicant) ~. Sworn to :Illd subscribed before me, This -z.4-t\... day of ~\l ""y ,200 ~ C~~A~A N orary Public, State of Floric:!ll at Large (Seal) My Commission Expires: ~/VlIu,o" * Disclosure shall not be required of any entity; the equity interest is which are regularIy traded on an established securities market in the United States or other country; or any entity, the ownership interest of which are held in a limited partnership consisting of more than 5,000 separate interest and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership. City of Sunny Isle. Beach Public Hearing Application 2003 (cd) 14 32 ;:7~ . All thAt part of Lots Ninety-Five (95) and Ninety-six (96) and riparian rights thereto, of TAtuM'S OCEAN BEACH PARK, according to the Plat thereof. recorded in Plat Book 5, Page JS. of the Public Reco~ds of Dade Coun~y, Florida, described as follows: Begin ae a poine wbere a line drawn parallel to and 1029,39 feet Soueh measured a~ right angles to the Brown Base Line, as said Brown Base' Line is-shown On the Plat of Sunn~ Isles Base Line and Tie-ins, according to the Plat therein, recorded in Plat Book 34, at Page- 95, of ehe Public Records of Dade County, Flo~id4, intersects the Easterly line of Sunny Isles Ocean Road; thence Easterly paralle+ to the 1029_39 feet South, measured At right angles, to the aforesaid Browu Base Line, to the high water line of the Atlantic Ocean, thence Southerly along the high water line of the Atlantic Ocean, a distance of 100 feet mor. or less to a point where a 1in= drawn parallel to and 1129.39 feet South, measured at right angles to the aforesaid Brown B~se Line would iQt~rsect the higa water line of the Atl&ntie Ocean; thence Westerly parallel to and 1~29.J3 teet South, measured at right angles to tae Aforesaid Brown Base Line to a point located on the Easterly line of Sunny Isles Ocean Read; ~ence Northerly along ~e Easterly line of said Sunny Zsles Ocean Road, a distance of 100 feet more or less to the point ofbeginniog, including all riparian rights thereto. Tax Folio No. 31-2214-008-0250 33 ~ - 1, 2, w .. :JI CD ? co ! c: ( Z c ~ .. < i--- . .. ... ~ ~ , l , , i :z: . ~ it ~ . . 7 . , . .. . . 3 "' m ~ ~ Wi '.~;,.,. ..~.~8~~~ ...~.~.~w..~...~..... .;~.~~~' 3,} RESOLUTION NO. 03-Z-75 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICATION SUBMITTED BY LA MANSION L.L.C., (Z2003.06), SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on April 25, 2003, La Mansion L.L.C., submitted an application to the City of Sunny Isles Beach, Florida requesting the following: 1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development Regulations the Applicant is requesting to transfer 38,847 square feet of development rights from the City. 2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations the Applicant is requesting a site plan approval for a 42 story, 40-unit condominium. LEGAL: Lots 1,2 and 3 of a Replat of Blk 1 Venicetta Beach, Plat Book 44, page 4 ADDRESS: 19505 Collins Avenue And, WHEREAS, on July 17, 2003, the City Commission conducted a public hearing on the application submitted by Applicant; and WHEREAS, the public hearing of the City Commission was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration given to the matter and to the positive recommendation of the joint memorandum from the Planning and Zoning Administrator and Planning Consultant; and WHEREAS, notice has been provided to all interested parties and a neighboring jurisdiction regarding the application. WHEREAS, the City Commission has reviewed the application, and finds substantial competent evidence to support a showing by the Applicant that the request for site plan approval and for the Transfer of Development Rights are in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintain the basic intent and purpose of the zoning, subdivision or other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community. 03.Z-75 La Mansion. LLC Reso JLV/ed Rcv.HO/jb 719/03 1 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: II. PRELIMINARY APPROVALS. The Applicant's request to accept this site as a receiver site for the Transfer of Development Rights from a City owned sendor site, Site Plan Approval is hereby approved as follow: 1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting to transfer 38,847 square feet of development rights from the City. This approval is subject to a hearing in which the City Commission will consider the application for transfer of development rights. This approval is also subject to the acceptance of an appraisal amount on a square footage basis that will be determined by an MAl appraisal acceptable to the City Manager, taking into account the new zoning approval in accordance with this resolution, and further procedures being developed to effectuate this program, notwithstanding the fact that such procedures may be formally adopted subsequent to this particular approval. Upon approval of the application for transfer of development rights, the development approval shall become final. If the application for development rights is denied by the City Commission, this approval shall not become final. 2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting a site approval for a 42 story, 40-unit condominium. The approval and all conditions listed below are transferable to applicant's successor, buyers or assignee and subject to the conditions set forth below being performed to the satisfaction of the City and subject to all procedures to be adopted relating to that transfer. III CONDITIONS A. Conditions to be comnleted before buildine: permits are issued or any construction commenced 1. Assuming approval at the hearing set forth in Section II above, an up to date appraisal of the property (current to within 60 days) be approved by the City. The City Manager shall agree on the transfer of development rights ("TORs"). value before issuance of any building permits (demolition, sales trailer permit does not constitute a building permit). The applicant shall pay the amount determined by the City based on the appraisal for the transfer of thirty-eight thousand eight hundred forty-seven square feet (38,847sq.ft.) of development rights from the City (a Sender Site) to the subject property described hereinabove (Receiver Site) as approved by the City Commission in this Resolution. The Applicant shall submit any and all other documentation and payments required by the City to effectuate the transfer of development rights and further procedures being 03.Z.75 La Mansion, u.c Reso lL VI ed Rev.HO/jb 719/03 2 developed to effectuate this program, notwithstanding the fact that such procedures may be formally adopted subsequent to this particular approval. 2. Upon the submittal of an application for a building permit, the plans submitted shaH meet with the approval of the Planning and Zoning Administrator and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Ordinance 2003-167 adopted March 20, 2003, the Applicant shall be required to obtain another approval of the City Commission. 3. That in the approval of the plan, the same be substantially in accordance and consistent with site plan presented at the City Commission hearing on July 17, 2003, entitled "Regalia Tabular Data" and "Lobby and Garage Level Lighting Plan", prepared by The Sieger Suarez Architectural Partnership dated revised 7-1-03 consisting of three sheets, plans entitled "Regalia", prepared by The Sieger Suarez Architectural Partnership consisting of 25 sheets dated revised 4/04/03 and plan entitled "Conceptual Paving, Drainage, Water and Sewer Plan", prepared by Fortin, Leavy, Skiles, Inc., consisting of one sheet date signed 4/07/03, plan entitled "Existing Driveway Location", prepared by Fortin, Leavy, Skiles, Inc., dated 2/13/03.Plans may be modified at public hearing. 4. That a plan be submitted to the Planning and Zoning Administrator, Landscape Architect and Planning Consultant including their in-house experts, for their review. Plans shaH include all easements to be proffered by the Applicant to the City, including but not limited to beach access easements exactly as represented to the City Commission by site plan drawing and oral representation, ten-foot (10') landscaping streetscape easement as per Streetscape Master Plan, if applicable. Plans shall show the type and size of plant materials, which shall coordinate with the approved Streetscape Master Plan prior to the issuance of a building permit. 5. That the applicant submit a Declaration of Restriction in recordable form acceptable to the Zoning Director prior to submittal for an application for building permit, which proffers the beach access, landscaping, easements over, across, under and through. Maintenance for such easement parcels proffered to the City, shaH be the responsibility of the applicant, including 24-hour valet parking services for owners and guests, among other things. 6. That the Applicant shaH present evidence of performance to the Planning and Zoning Administrator of the obligation required to qualify for the Floor Area Ratio bonus under Section 703.9.5 of the code. a) b) c) Public Beach Rec. Enhancement Collins Ave Streetscape Sunny Isles Public Parking 0.50 FAR 0.30 FAR 0.20 FAR $, 166,460 $ 99,876 $ 66.584 Total 1.00 FAR $ 332,920 03-Z-7S u. Mansion. LLC Reso 3 1L VI ed Rev.HO/jb 7/9103 The total contribution for all Floor Area Ratio bonuses for the development is $332,920 for a total increase in floor area ratio of 1.0 for a maximum floor area ratio of 3.5. If development is pennitted in phases the bonus contribution shall be pro rated for each phase. 7. That the applicant contribute to the Off-Street Parking Fund as per Section 801.1.2(b) for the buy down of 10% (6 parking spaces) of the required parking spaces. 8. That in the event of multiple ownership, a homeowner's association be established in accordance with applicable regulations to assure that all common areas and facilities for tl1e residents, as well as all easements dedicated to the City shall be maintained in continuous and satisfactory manner, and without expense to the general taxpayers of the City of Sunny Isles Beach. 9. That the Applicant comply with all conditions and requirements of tl1e Department of Environmental Resource and Management (DERM), the Fire Department, Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FDOT). 10. No building pennits shall be issued unless the Applicant has submitted all documents referred under this approval and shall have paid all impact fees, bonuses and Transfer of Development Rights (if applicable), professional fees (as per Ordinance 2001-132 and such other applicable Land Development Regulations) due to tl1e City. 11. Under Ordinance 2001-132, the City Manager and lor hislher designee in review of any application, has and may continue to refer any such application presented to it to such engineering, planning, legal, technical, or environmental consultant or professional(s) employed by tl1e City as the Manager shall deem reasonably necessary to enable himlher to review such application as required by law. Charges made by such consultants or professionals shall be in accord with tl1e charges customarily made for such services in Miami Dade County, and pursuant to an existing contractual agreement by and between the City and such consultant. Charges made by the City shall be in accord with the hourly rates charges by such consultants or hourly rates of employed professionals and shall be paid prior to the issuance of a building pennit (demolition, sales trailer pennit does not constitute a building pennit). 12. At the time of submission of any application for building pennit, after tl1e development order has been approved, applicant shall fund an escrow account be established, from which withdrawals would be made to reimburse the City for the cost of professional review services, if any. The applicant shall provide funds to the City for deposit into such account in an amount to be detennined by the City Manager or his designee, based on hislher evaluation of the nature and complexity of the application. The Applicant shall be provided with copies of any City voucher for such services as they are submitted to tl1e City. When the balance in such escrow is reduced to one-tl1ird (1/3) of its initial amount, the Applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within 03-Z-75 La Mansion. LLC Reso JL VI cd Rev.HOljb 719103 4 thirty-days (30) after the Applicant is notified, in writing, of the requirements for such additional deposit, the City may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building pennit shall not be issued unless all professional review fees charged in connection with the Applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the Applicant any funds remaining on deposit. B. Conditions to be comoleted before any Certificate of Occuoancy is issued. 1. That the Applicant demonstrates that they are in compliance with all terms and conditions under this approval. 2. Applicant shall pay all fees related to the review of the application described herein and shall have paid all other fees due to the City. C. Other Conditions 1. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the City upon compliance with all terms and conditions. The Certificate of Occupancy and Certificate of Use shall be subject to cancellation upon violation of any of the conditions. 2. That the approved site plan shall remain valid for a period of 24 - months from the date of approval. If no building pennit is issued within the 24 -month time period, the site plan shall be considered null and void and of no force and effect. 3. That the Applicant complies with all City Ordinances applicable to development and pennit approvals. 4. That the Applicant shall submit a Declaration of Restrictions, in recordable form, acceptable to the Planning and Zoning Administrator prior to submittal for an application for building pennit, which proffers the maintenance of the landscape in the swale area along the frontage of the property. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFI'ER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. 03-Z-7S La Mansion, ll.C Reso JL VI cd Rev.HO/jb 719/03 5 IV. SEVERABILITY AND EFFECTIVE DATE. 1. If any section, subsection, clause of provision of this Resolution is held invalid, the remainder shaIl not be affected by such invalidity. AIl Resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 2. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 17th day of July 2003. By: CR, FLORIDA VOTE: 5-0 Mayor Samson Vice Mayor Edelcup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman Moved by: \flce ('(\Cl.lfw"F,{e..\c..up Second by: C O"""'-l~SIO.u~;{~ ~"W\tCCtJ nes _no vYes no ~s no ~s_no es _no 03-2-75 La Mansion, lLC Reso !LVI eel Rev.HOIjb 719/03 6 STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, JANE A. HINES, Acting City Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 03-Z-::J..5 adopted by the City Commission at its meeting held on the ~daY of r, r. , ..;1 ,..... , Issued: ~~.2 ~) 2..00 3 \ 7 To: From: Date: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 City Commission DlVid Samson, Mayor Norman S, Edelcup, Vice Mayor Gerry Goodma~ Commissioner DaDDY Iglesias, Commissioner Lila Kauffman., Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Christopber J. Russo, City Manager Lynn M. Dannbelsser, City Altorney Jane Hina, City Cleric MEMORANDUM Honorable Mayor and City Commissioners Jorge L. Vera, Planning and Zoning Administrator Shelley Eichner, Calvin, Giordano & Associates, Inc. July 17, 2003 Applicant: La Mansion L.L.C. OwnerlDeveloper: La Mansion, L.L.C. Proposed Use: Land Area: Location: Land Use: Zoning: 40 Condominium Units 1.189 acres 19505 Collins Avenue Mixed Use - High Density/Resort MU-R (Mixed Use - Resort) Base FAR 2.5 Total FAR 4.5 5 (Floor area ratio bonus and TDR included) ZONING REQUESTS 1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting to transfer 38,847 square feet of development rights from the City. 2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting a site plan approval for a 42story, 40-unit condominium. ~~~ Agenda Item ~ A Date t-J,-() 3. Memorandum July 15, 2003 Page 2 1. TECHNICAL REVIEW 1. Setbacks: Required Front (tower) (porte-cochere) ara e Rear Provided 75' 50' 10' Bulkhead line or 20' from tl1e rear property line whichever is closer to Collins Avenue (for arcels under 200' in widtl1) 97' 7" 55'4" 105' 63/4" 13 I ' 5 3/8" (tower) 20' (garage) 20' 6' 20' I 5' (beach access) 20' 6' N/A 2. Height: 464' 9" main roof 484' 9" top of architectural element 3. Open Space: Required: 40% Provided: 83.2% 4. Parking: Required Provided Regular 60 54 (10% Off-Site Trust Fund) Loadinl!: 1 (I1'x35') 1 (I I 'x35) Handicap 1 1 5. La Mansion Recommendation JV /Rev. 7/15/2003 - LMD:ch Community/Zoning Lighting: Provided 2 Memorandum July 15,2003 Page 3 II. GENERAL COMMENTS Planninl! The proposed project is in furtherance of the goals and objectives contained within the City's Comprehensive Plan. The subject property serves as an excellent transition use with its unique one (1) unite per floor concept. The MUR zoning district permits densities of up to eighty (80) units per acre (with an additional thirty percent (30%) density with the purchase of Transfer Development Rights). The subject property is less than one-half (1/2) of the permitted density permitted on the site. The subject property furthers many of the goals contained in the Land Use Element of the Comprehensive Plan; to wit: Policy lA, which provides for the priority to re- develop existing obsolete commercial and beachfront development. Goal I.G, which is to encourage adequate and efficient provision of onsite parking, expanded onsite landscape open space and increased view corridors, as welI as providing additional public cross access corridors to public beaches. The subject property provides twenty-one feet (21 ') of beach access frontage, which is twenty-one percent (21 %) of the site. Site Plan Site plan complies with the City of Sunny Isles Beach Land Development Regulations, as submitted in this application. The following are the plans submitted under this application "Regalia Tabular Data" and "Lobby and Garage Level Lighting Plan", prepared by The Sieger Suarez Architectural Partnership dated revised 7-1-03 consisting of three sheet, plans entitled "Regalia", prepared by The Sieger Suarez Architectural Partnership consisting of25 sheets dated revised 4/04/03 and plan entitled "Conceptual Paving, Drainage, Water and Sewer Plan", prepared by Fortin, Leavy, Skiles, Inc., consisting of one sheet date signed 4/07/03, plan entitled "Existing Driveway Location", prepared by Fortin, Leavy, Skiles, Inc., dated 2/13103. Traffic Operations A traffic engineering review was performed for the written response received on behalf of the above project, and the following comments are offered: Queuing Analvsis: 1. The Applicant has indicated in their written response dated July 2, 2003, that sufficient vehicular storage in the valet drop-ompick-up area is available to accommodate two vehicles, or 50 feet, to ensure that a potential queue wilI not extend back into the "vehicle crossover point", effectively blocking the circular internal roadway. In order to accomplish this, the Applicant must ensure that valet operations are conducted as far forward in the designated pick-up/drop-off area (which is only 50 feet in length) as possible prior to entering the circular roadway path immediately to the north. Provided La Mansion Recommendation JV IRev. 7/t5/2003 - LMD:ch Community/Zoning 3 Memorandum July 15, 2003 Page 4 valet operations are conducted in this manner, we have no further objections regarding the queuing analysis submitted for the porte-cochere. 2. Regarding the potential for self-parking in tandem parking spaces, the Applicant has indicated that valet personnel will monitor and regulate any unauthorized self-parking in tandem spaces. Further, passive signs may also be installed if this continues to pose difficulties for valet operations. Provided these measures are implemented, we have no further objections about self-parking near tandem spaces designated for valet operations. 3. Concerning the exit driveway at the intersection of 195th Street and Collins Avenue and the potential hindrance to traffic operations of the internal valet service and on-site vehicular flow, it is recommended that the issuance of a building permit be withheld pending verification and approval of the new signalized intersection operational conditions resulting from this proposed development at 195th Street and Collins Avenue by the Florida Department of Transportation, which is the permitting authority. III STAFF RECOMMENDATION Staff recommends approval of the request for the purchase of Transfer of Development Rights and the Site plan approval subject to the following conditions: IV CONDITIONS A. Conditions to be completed before buildinl! permits are issued or any construction commenced 1. That an up to date appraisal of tl1e property acceptable to and approved by tl1e City be provided. The City Manager shall agree on the value of the T.D.R.s before issuance of any building permits (a building permit relates to any construction, whatsoever, including subgrade work, but excludes a sales trailer permit or demolition permit). The applicant and shall pay the amount determined by the City for the transfer of tl1irty-eight tl10usand eight hundred forty-seven square feet (38,847sq.ft.) of development rights from tl1e City (a Sender Site) to the subject property described hereinabove (Receiver Site) subject to approval by the City Commission in this Resolution. The Applicant shall submit any and all other documentation and payments required by the City to effectuate the transfer of development rights and further procedures being developed to effectuate this program, notwithstanding the fact tl1at such procedures may be formally adopted subsequent to tl1is particular approval. 2. Upon the submittal of an application for a building permit, the plans submitted shall meet witl1 the approval oftl1e Planning and Zoning Administrator and the Planning Consultants and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of tl1e site plan pursuant to the City's Land La Mansion Recommendation JV /Rev. 7/15/2003 - LMD:ch Community/Zoning 4 Memorandum July 15, 2003 Page 5 Development Regulations and recommendations and any conditions imposed by the City Commission. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Ordinance 2003-167 adopted March 20, 2003, the Applicant shall be required to obtain another approval of the City Commission. 3. That in the approval of fue plan, fue same be substantially in accordance and consistent with site plan presented at the City Commission hearing on July 17, 2003, entitled "Regalia Tabular Data" and "Lobby and Garage Level Lighting Plan", prepared by The Sieger Suarez Architectural Par1nership dated revised 7-1-03 consisting of three sheet, plans entitled "Regalia", prepared by The Sieger Suarez Architectural Partnership consisting of 25 sheets dated revised 4/04/03 and plan entitled "Conceptual Paving, Drainage, Water and Sewer Plan", prepared by Fortin, Leavy, Skiles, Inc., consisting of one sheet date signed 4/07/03, plan entitled "Existing Driveway Location", prepared by Fortin, Leavy, Skiles, Inc., dated 2/13/03.Plans may be modified at public hearing. 4. That plans be submitted to the Planning and Zoning Administrator, Landscape Architect and Planning Consultant including their in-house experts, for their review. Plans shall include all easements to be proffered by the Applicant to the City, including but not limited to beach access easements exactly as represented to the City Commission by site plan drawings, oral representations and any pictorial representations presented at fue public hearing, and a ten-foot (IO') landscaping streetscape easement as per Streetscape Master Plan, if applicable. Plans shall show fue type and size of plant materials, which shall coordinate wifu fue approved Streetscape Master Plan prior to fue issuance of a building permit. 5. That the applicant submit a Declaration of Restrictions in recordable form acceptable to the Zoning Director prior to submittal for an application for building permit, which proffers the beach access, landscaping, easements over, across, under and through as required by fue City. Maintenance for such easement parcels proffered to fue City, shall be the responsibility of the applicant, including 24-hour valet parking services for owners and guests, among other things. 6. That the Applicant shall present evidence of performance and payment to the Planning and Zoning Administrator of the obligation required to qualify for fue Floor Area Ratio bonus under Section 703.9.5 offue code. a) b) c) Public Beach Rec. Enhancement Collins Ave Streetscape Sunny Isles Public Parking 0.50 FAR 0.30 FAR 0.20 FAR $, 166,460 $ 99,876 $ 66.584 Total 1.00 FAR $ 266,336 La Mansion Recommendation ]V /Rev. 7/15/2003 - LMD:eh Community/Zoning 5 Memorandum July 15,2003 Page 6 The total payment for all Floor Area Ratio bonuses for the development is $266,336 for a total increase in floor area ratio of 1.0 for a maximum floor area ratio of 3.5. If development is permitted in phases the bonus contribution shall be pro rated for each phase. 7. That the applicant pay to the Off-Street Parking Fund as per Section 80LL2(b) for the buy down of 10% (6 parking spaces) of the required parking spaces. 8. That in the event of multiple ownership, a homeowner's association be established in accordance with applicable regulations to assure that all common areas and facilities for the residents, as well as all easements dedicated to the City shall be maintained in continuous and satisfactory manner, and without expense to the general taxpayers of the City of Sunny Isles Beach. 9. That the Applicant comply with all conditions and requirements of the Department of Environmental Resource and Management (DERM), the Fire Department, Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FDOT). 10. No permits shall be issued unless the Applicant has submitted all documents referred under this approval and shall have paid all impact fees, bonuses and Transfer of Development Rights (if applicable), professional fees (as per Ordinance 2001-132 and such other applicable Land Development Regulations) due to the City. 1 I. Under Ordinance 2001-132, the City Manager and lor his/her designee in review of any application, has and may continue to refer any such application presented to it to such engineering, planning, legal, technical, or environmental consultant or professional(s) employed by the City as the Manager shall deem reasonably necessary to enable himlher to review such application as required by law. Charges made by such consultants or professionals shall be in accord with the charges customarily made for such services in Miami Dade County, and pursuant to an existing contractual agreement by and between the City and such consultant. Charges made by the City shall be in accord with the hourly rates charges by such consultants or hourly rates of employed professionals and shall be paid prior to the issuance of a building permit. 12. At the time of submission of any application for permit, after the development order has been approved, applicant shall establish an escrow account from which withdrawals will be made to reimburse the City for the cost of professional review services, if any. The applicant shall provide funds to the City for deposit into such account in an amount to be determined by the City Manager or his designee, based on his/her evaluation of the nature and complexity of tl1e application. The Applicant shall be provided with copies of any City voucher for such services as they are submitted to the City. When the balance in such escrow is reduced to one-third (113) of its initial amount, the Applicant shall deposit additional funds into such account to bring its balance up to tl1e amount of the initial La Mansion Recommendation lV/Rev.7/15/2003-LMD:ch Community/Zoning 6 Memorandum July 15, 2003 Page 7 deposit. If such account is not replenished within thirty-days (30) after the Applicant is notified, in writing, of the requirements for such additional deposit, the City may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit shall not be issued unless all professional review fees charged in connection with the Applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the Applicant any funds remaining on deposit. B. Conditions to be completed before any Certificate of Occupancy is issued. 1. That the Applicant demonstrates that they are in compliance with all terms and conditions under this approval. C. Other Conditions 1. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the City upon compliance with all terms and conditions. The Certificate of Occupancy and Certificate of Use shall be subject to cancellation upon violation of any of the conditions. 2. That the approved site plans shall remain valid for a period of 24 months from the date of approval. If no building permit is issued within the 24-month time period, the site plan shall be considered null and void and of no force and effect. 3. That the Applicant complies with all City Ordinances applicable to development and permit approvals. 4. In the event construction of the project creates drainage, traffic or other adverse impacts to adjacent property, the City within its sole discretion, may require applicant to address such issues and correct such impacts to the City's satisfaction. La Mansion Recommendation JV /Rev. 7/15/2003 - LMD'ch Community/Zoning 7 RESOLUTION NO. CZAB14-7-03 WHEREAS, JOSEPH TAUBMAN, TR. & DELCO ENTERPRISES, INC. had applied to Community Zoning Appeals Board 14 for the following: AU to EU-M SUBJECT PROPERTY: PARCEL 1: The east Yz of the SE y., of the SE y., of the NW y., in Section 11, Township 56 South, Range 39 East. AND: PARCEL 2: The east Yz of the SW y., of the SE y., of the NW y., and the west y, of the SE y., of the SE y., of the NW ~ less the east 181' of the south Yzthereof, in Section 11, Township 56 South, Range 39 East. LOCATION: The north side of theoretical S.W. 208 Street, (Bush Drive) between theoretical S.W. 133" Court and S.W. 132 Avenue, Miami-Dade County, Florida, and WHEREAS, a public hearing of Community Zoning Appeals Board 14 was advertised and held, as required by law, and all interested parties concerned in the matter were given an opportunity to be heard, and upon due and proper consideration having been given to the matter it was the opinion of Community Zoning Appeals Board 14 that the requested district boundary change to EU-M would not be compatible with the neighborhood and area concerned and would be in conflict with the principle and intent of the plan for the development of Miami-Dade County, Florida, and should be denied without prejudice and said application was denied by Resolution No. CZAB14-8-02, and WHEREAS, JOSEPH TAUBMAN & DElCO ENTERPRISES, INC. had appealed the decision of Community Zoning Appeals Board 14 to the Board of County Commissioners, for the following: AU to EU-M SUBJECT PROPERTY: PARCEL 1: The east y, of the SE y., of the SE y., of the NW y., in Section 11, Township 56 South, Range 39 East. AND: PARCEL 2: The east Yzof the SW y., of the SE y., of the NW y., and the west y, of the SE y., of the SE y., of the NW y.,less the east 181' of the south y,thereof, in Section 11 , Township 56 South, Range 39 East. LOCATION: The north side of theoretical S.W. 208 Street, (Bush Drive) between theoretical S.W. 133" Court and S.W. 132 Avenue, Miami-Dade County, Florida, and 11-56-39/01-401 Page No.1 CZAB14-7-03 WHEREAS, after reviewing the record and decision of Community Zoning Appeals Board 14 and after having given an opportunity for interested parties to be heard, it was the opinion of this Board to vacate resolution CZAB14-8-02 and to remand the application back to Community Appeals Board 14 for further consideration with leave to amend, and said application was vacated by Resolution No. Z-1-03, and WHEREAS, JOSEPH TAUBMAN, TR. & DELeO ENTERPRISES, INC. applied to Community Zoning Appeals Board 14 for the following: AU to EU-M SUBJECT PROPERTY: PARCEL 1: The east y, of the SE )4 of the SE )4 of the NW )4 in Section 11, Township 56 South, Range 39 East. AND: PARCEL 2: The east Y,of the SW )4 of the SE )4 of the NW )4and the west Y2 of the SE )4 of the SE )4 of the NW ~ less the east 1 81' of the south y, thereof, in Section 11, T ownsh ipS 6 South, Range 39 East. LOCATION: The north side of theoretical S.W. 208 Street, (Bush Drive) between theoretical S.W. 133" Court and S.W. 132 Avenue, Miami-Dade County, Florida, and WHEREAS, a public hearing of the Miami-Dade County Community Zoning Appeals Board 14 was advertised and held, as required by law, and all interested parties concerned in the matter were given an opportunity to be heard, and at which time the appiicant proffered a Declaration of Restrictions which among other things provided: 1) That said Property shall be developed substantially in accordance with the plans previously submitted entitled" Site Plan, S.W. 208'" Street & S.W. 132" Avenue", as prepared by Superior Consultants, consisting of 6 sheets, dated September 26, 2001, and said plans being on file with the Miami-Dade County Department of Planning and Zoning, and by reference made a part of this agreement. 2) That the Applicant shall utilize no more than 8 Severable Use Rights in order to develop the property in substantial compliance with the above referenced plan. 3) That no more than 29 homes shall be developed on the Property. 4) That Owners shall obtain building permits for no more than 50 % of the proposed homes prior to September 2004. 11-56-39/01-401 Page No.2 CZAB14-7-03 WHEREAS, this Board has been advised that the subject application has been reviewed for compliance with concurrency requirements for levels of services and, at this stage of the request, the same was found to comply with the requirements, and WHEREAS, upon due and proper consideration having been given to the matter, it is the opinion of this Board that the requested district boundary change to EU-M would be compatible with the neighborhood and area concerned and would not be in conflict with the principle'and intent of the plan for the development of Miami-Dade County, Florida, and should be approved, and that the proffered Declaration of Restrictions should be accepted, and WHEREAS, a motion to accept the proffered Declaration of Restrictions and to approve the application was offered by Charlie McCarey, seconded by Curtis Lawrence, and upon a poll of the members present the vote was as follows: Samuel L. Ballinger Mabel C. Dijkstra Don Jones aye nay nay Curtis Lawrence Charlie McCarey Dr. Pat Wade aye aye nay Wilbur B. Bell aye NOW THEREFORE BE IT RESOLVED by the Miami-Dade County Community Zoning Appeals Board 14, that the requested district boundary change to EU-M be and the same is hereby approved and said property is hereby zoned accordingly. BE IT FURTHER RESOL VED that, pursuant to Section 33-6 of the Code of Miami- Dade County, Florida, the County hereby accepts the proffered covenant and does exercise its option to enforce the proffered restrictions wherein the same are more restrictive than applicable zoning regulations. BE IT FURTHER RESOLVED, notice is hereby given to the applicant that the request herein constitutes an initial development order and does not constitute a final development 11-56-39/01-401 Page No.3 CZAB14-7-03 order and that one, or more, concurrency determinations will subsequently be required before development will be permitted. The Director is hereby authorized to make the necessary changes and notations upon the maps and records of the Miami-Dade County Department of Planning and Zoning and to issue all permits in accordance with the terms and conditions of this resolution. PASSED AND ADOPTED this 25th day of February, 2003. Hearing No. 02-7-CZ14-1 ej 11-56-39/01-401 Page No.4 CZABI4-7-03 STATE OF FLORIDA COUNTY OF MIAMI-OADE I, Earl Jones, as Deputy Clerk for the Miami-Dade County Department of Planning and Zoning as designated by the Director of the Miami-Dade County Department of Planning and Zoning and Ex-Officio Secretary of the Miami-Dade County Community Zoning Appeals Board CZAB# 14, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. CZAB14-7-03 adopted by said Community Zoning Appeals Board at its meeting held on the 25'h day of February, 2003. IN WITNESS WHEREOF, I "'" 27)-::' 19' d,y of M'"h, 2003, Earl Jones, Deputy Clerk (3230) Miami-Dade County Department of Planning and Zoning SEAL .."'...""0.' ......., p ,- '"&. "; ..." ,-"r' c-1(..... \ ,.-"0~...."..r"...r.. .~ .. "'.1 .< -0 v-. :- - 0: :z (OU"11 ):::.:' ':.0 ..c-~LJ- ~ .:tJ:. '".~ (OR\~ '>. ."J ~:~.." ~ .w i~~~ , 1. JOSEPH TAUBMAN. TR. & DELCO ENTERPRISES. INC. (Applicant) 02-7-CZ14-1 (01-401) Area 14/District 8 Hearing Date: 2/25/03 Property Owner (if different from applicant) Same. Is there an option to purchase 0/ lease 0 the property predicated on the approval of the zoning request? Yes 0 No 0 If so, who are the interested parties? Eric Reardon. Trustee Disclosure of interest form attached? Yes 0 No 0 Previous Zonina Hearings on the Prooertv: Year Applicant Request Board Decision NONE Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. TEAM METRO SOUTH OFFICE ENFORCEMENT mSTORY Joseph Taubman, TR. & OeIco Enterprises, INC. North side of Theoretical SW 208 ST ( Bush Drive), between tl1eoretical SW 133 Ct and SW 132 Ave., Miami-Dade County, FI ADDRESS APPLICANT 212512003 DATE 01-401 HEARING NUMBER ENFORCEMENT HISTORY: No violations as of January 14, 2003 ~ MIAMI-DADE COUNTY COMMUNITY ZONING APPEALS BOARD. AREA 14 MonON SUP Applicant Name: JOSEPH TAUBMAN, TR. & DELCO ENTERPRISES, INC. Representative: Objectors: Hearing No. 02.7-CZ14.1 (01-401) Hearing Date: July 29, 2002 Resolution No. CZAB14-_-o2 Motion: ' Per Department Standard Conditions: Deferred to: ~. ~ S f :;200 ~ Withdrawal Per DIC Approved as Requested Denied Without Prejudice Denied With Prejudice Other: ~ \0 cl ~s-l O~ @ ~ul""l~ Ll'~ ~ ()t.n~ ~D- V'C.J).d~~~-\ d_ -b t....-..........~_ Revised plans accepted? YES Covenant accepted? YES Yes No Absent Samuel L. Ballinaer Wilbur B. Bell Mabel G. Dlikstra Don Jones Curtis Lawrence Dr. Pat Wade Charlie McGarev Nu ~L>o..- ~ VOTE: TO EXHIBITS: YES ~ NO - County Attllmey: 3 MIAMI-DADE COUNTY COMMUNITY ZONING APPEALS BOARD - AREA 14 MOnONSUP Applicant Name: JOSEPH TAUBAMAN, TR. &DELCO ENTERPRISED, INC. Representative: Ben r:ert'lA nde.z.. Objectors: None Hearing No. 02-7-CZ14-1 (01-401) Hearing Date: September 25, 2002 Resolution No. CZAB14- _..02 Motion: Per Department Standard Conditions: Per DlC Deferred to: 10-16-<l2 Approved as Requested Withdrawal Denied Without Prejudice Denied With Prejudice other: Board aooroved aoolicant's reauested deferral to 10/16102. Revised plans accepted? YES Covenant accepted? YES Ves No Absent Samuel L Ballinger S X Wilbur B. Ben M X Mabel G. Dljkstra X Don Jon.. X Curtis Lawrence X Dr. Pat Wade X Charlie McGarev X VOTE: L TO .!L EXHIBITS: YES NO !.. -, County Attoniey:Ronald BemMoeil] ~ .t!f=--";~-'~,,-, (id " ,,4.' t~i~' Clerk of the Board of County Commissioners Miami-Dade County, Florida ZONING ACTION January 23, 2003 #Z-1-03 APPLICANT: 1. Joseph Taubman, Trustee & Deleo Enterprises, Inc. (02-7 -CZ14-1/01-401) MOTION: Vacate the decision of CZAB #14 and remand for reconsideration with leave to amend. ROLL CALL M/S YES NO ABSENT Barreiro X Diaz X Ferauson X Hevman X Martinez X Morales X Moss 5 X Rolle X Seiias X Sorenson M X Sosa X Souto X Chair Carev-Shuler X TOTAL 9 0 4 s- MIAMI-DADE COUNTY DEPARTMENT OF PLANNING AND ZONING RECOMMENDATION TO COMMUNITY COUNCIL No. 14 APPLICANT: Joseph Taubman, Tr. & Oelco Enterprises, Inc. PH: Z01-401 (02-7-CZ14-1) SECTION: 11-56-39 DATE: February 25, 2003 COMMISSION DISTRICT: 8 ITEM NO.: 1 ======================================================================== A. INTRODUCTION o REQUEST: THE FOllOWING HEARING WAS REMANOED BY THE BOARO OF COUNTY COMMISSIONERS ON 1/23/03: AU to EU-M o SUMMARY OF REQUEST: The request will allow the applicant to change the zoning on the property from agricultural to modified estate residential. o lOCATION: The north side of theoretical SW. 208 Street, (Bush Drive) between theoretical SW. 133'" Court and S.W. 132 Avenue, Miami-Dade County, Florida. o SIZE: 14.13 acres. o IMPACT: The rezoning of the property would provide additional housing for the community. However, the rezoning would increase the population in the area, would bring an increase of children into the schools, would have an impact on public selVices, and would bring additional traffic and noise into the area. B. ZONING HEARINGS HISTORY: None. C. COMPREHENSIVE DEVELOPMENT MASTER PLAN ICDMP): 1. The Adopted 2005 and 2015 land Use Plan designates the subject property as being within the Urban Development Boundary for estate density residential. The residential densities allowed in this category shall range from a minimum of 1.0 to a maximum of 2.5 units per gross acre. This density range is typically characterized by detached estates which utilize only a small portion of the total parcel. Clustering, and a variety of housing types may. however, be authorized. 2. Severable Use Rights (SURs) may be transferred to parcels within the Urban Development Boundary. When Severable Use Rights are utilized on residentially designated parcels, development will be allowed to exceed the maximum limits b Joseph Taubman, Tr. & Deleo Enterprises, Inc. Z01-401 Page 2 designated for the site or affected portions of it; however, this provIsion does not authorize the granting of a zoning district that, without use of SURs, would exceed the Plan density limit. D. NEIGHBORHOOD CHARACTERISTICS: ZONING LAND USE PLAN DESIGNATION Subiect Property: AU; grove & plant nursery Residential, Estate Density, 1 to 2.5 SurroundinQ Properties: NORTH: EU-M; single family residences Residential, Estate Oensity, 1 to 2.5 SOUTH: AU; plant nursery & single family residences Residential, Estate Oensity, 1 to 2.5 EAST: EU-M & RU-1; single family Residential, 2.5 to 6.0 residence & single family subdivision WEST: AU; single family residence & grove Residential, Estate Density, 1 to 2.5 The subject parcel is an irregular shaped tract located north of theoretical SW 208 Street (Bush Orive), immediately west of SW 132 Avenue. SW 132 Avenue serves as the line of demarcation separating the estate density designation to the west from the low density designation east of SW 132 Avenue. The area is characterized with EU-M subdivision, groves, and plant nurseries. E. SITE AND BUILDINGS: Site Plan Review: Scale/Utilization of Site: Location of Buildings: Compatibility: Landscape Treatment: Open Space: Buffering: Access: Parking Layout/Circulation: VisibilityNisual Screening: Energy Considerations: Roof Installations: Service Areas: Signage: Urban Design: Acceptable Acceptable Acceptable Acceptable Acceptable Acceptable Acceptable Acceptable Acceptable N/A N/A N/A N/A Acceptable 7 Joseph Taubman. Tr. & Delco Enterprises, Inc. Z01-401 Page 3 F. PERTINENT REQUIREMENTS/STANDARDS: The Board shall hear and grant or deny applications for district boundary changes taking into consideration that same must be consistent with the CDMP, with applicable area or neighborhood studies or plans, and would serve a public benefit. The Board shall take into consideration if the proposed development will have a favorable or unfavorable impact on the environmental and natural resources of Miami-Oade County, inciuding consideration of the means and estimated cost necessary to minimize the adverse impacts, the extent to which alternatives to alleviate adverse impacts may have a substantial impact on the natural and human environment, and whether any irreversible or irretrievable commitment of natural resources will occur as a result of the proposed development. The Board shall consider if the development will have a favorable or unfavorable impact on the economy of Miami-Dade County, if it will efficiently or unduly burden water, sewer, solid waste disposal, recreation, education, pUblic transportation facilities, including mass transit, roads, streets, and highways or other necessary public facilities which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, street or highways. G. NEIGHBORHOOD SERVICES: OERM Public Works Parks MOTA Fire Rescue Police Schools No objection No objection No objection No objection No objection No objection 20 students H. ANALYSIS: On October 16, 2002 the Community Zoning Appeals Board-14 denied this application without prejudice by a vote of 4-1. The applicant appealed said decision to the Board of County Commissioners. On January 23, the BCC vacated the CZAB-14 decision and remanded this application back to the Community Zoning Appeals Board-14 for further consideration with leave to amend. At the time of this writing, no amendments to this application had been received. The subject property is located on the north side of SW 208 Street and west of SW 132 Avenue. The applicant is seeking a district boundary change from GU, Interim District, to EU-M, Estate Modified Oistrict. EU-M zoning permits a minimum lot area of 15,000 sq. ft. and a minimum lot frontage of 120'. Said zoning district with Severable Use Rights (SUR's) bonuses would allow a minimum lot area of 12,500 sq, ft. and a minimum lot frontage of 100'. Although a recently enacted ordinance deleted the requirement of a submittal of a site plan in conjunction with a zone change, the applicant submitted a site plan showing the development of this site with 31 single family residences. The lot area of said lots varies from 13,047 sq. ft. to 15,683 sq. ft. and the lot frontages vary from 101.6' to 130.1'. The applicant intends to proffer a covenant that will restrict the ~ Joseph Taubman, Tr. & Deleo Enterprises, Inc. 201-401 Page 4 development of the site to the plans submitted with this application and, additionally, will state that the property owners will submit the required number of SUR's prior to final plat approval. Said plans surpass the minimum requirements when SUR's are utilized for lot area and lot frontage. The Oepartment of Environmental Resources Management (DERM) has no objections to this application and has indicated that it meets the Level of Service (LOS) standards set forth in the Master Plan. The Public Works Department has no objections to this application. The proposed zone change will generate an additional 38 p.m. daily peak hour vehicle trips on the area roadways. However, said trips will not change the levels of service (LOS) on same which are currently at LOS "B," "C," and "D." Miami-Dade Public Schools indicates in their memorandum pertaining to this application that the proposed zoning will bring an additional 20 students into the area's public schools. The Cutler Ridge District of the Miami-Dade Police Department serves this area. Said District had an average emergency response time of 5.0 minutes in September 2002. This appiication will allow the applicant to provide additional housing for the community. The Comprehensive Oevelopment Master Plan designates this area for Estate Oensity Residential which permits a development density of 2.5 units per gross acre, for the maximum development of 35 units on this 14.13 acre site. As previously stated, the applicant intends to proffer a covenant which will restrict the development of this site to the plans submitted and will ensure the application of the appropriate number of SUR's in conjunction with said plans at the time of platting. The proposed EU-M zoning will be consistent with the Master Plan. EU-M zoning with the plans submitted which provide 31 single family residential lots, will be compatible with the surrounding area which consists of an EU-M subdivision to the north, an EU-M zoned property and an RU-1 subdivision to the east, and another EU-M subdivision to the east of same. Accordingly, staff recommends approval of this application, subject to the Board's acceptance of the proffered covenant. I. RECOMMENDATION: Approval of the zone change to EU-M, subject to the Board's acceptance of the proffered covenant. J. CONDITIONS: None. DATE INSPECTED: DATE TYPED: DATE REVISED: 06/24/02 07/02102 08/29/02; 09/19/02; 09/26/02; 10/09/02; 12/1710; 01/06/03; 02105/03; 02113/03; 02120/03 02120/03 ~~~ DATE FINALIZED: DO'QW:AJT:MTF:REM:JDR I Diane O'Quinn Williams, Director Miami-Dade County Department of Planning and Zoning 0/ .ED _RM -...--...... _._.._...._~........~, MEMORANDUM TO: Diane 0' Quinn-Williams, Director Department of Planning and Zoning DATE: SUBJECT: FROM: MY'" M R'bo~t,::~~~ Environmental Resources Management December 26,2001 C-14 #Z2001000401 Joseph Taubman, Trustee and Deleo Enterprises, Inc. SWC ofSW 133n1 Road & SW 20Sth Street & EtO SW 133n1 Road to SW 13200 Avenue & NtO SW 20Sth Street DBC from AU to EU-M, SE for Site Plan Approval and Companion NUV' s (AU) (14.13 Ac.) 11-56-39 DERM has reviewed the subject application and has detennined that it meets the minimum requirements of Chapter 24 of the Code of the Miami-Dade County, Florida. Accordingly, DERM may approve the application and it may be scheduled for public hearing. DERM has also evaluated the request insofar as the general environmental impact that may derive from it, and based upon the available information offers no objection to its approval. Potable Water SUDDlv and Wastewater Disposal: Public water and public sanitary sewers can be made available to this property. Therefore, DERM will require connection to the public water supply and public sanitary sewer systems. Existing public water and sewer facilities and services meet the Level of Service (LOS) standards set forth in the Comprehensive Development Master Plan (CDMP). Furthermore, the proposed development order, if approved, will not result in a reduction in the LOS standards subject to compliance with the conditions required by DERM for this proposed development order. Notwithstanding the foregoing, in light of the fact that the County's sanitary sewer system has limited sewer collection/transmission and treatment capacity, no new sewer service connections can be pennitted until adequate capacity becomes available. Consequently, final development orders for this site may not be granted unless. adequate capacity in the sanitary sewer collection/transmission and treatment system is available at the point in time when the project will be contributing sewage to the system or if approval for alternative means of sewage disposal can be obtained. Use of an alternative means of sewage disposal shall be an interim measure, with connection to the public sanitary sewer system required upon availability of adequate collection/transmission and treatment capacity. Stormwater Manal!ement: All stormwater shall be retained on site utilizing properly designed seepage or infiltration drainage structures. Drainage plans shall provide for full on-site retention of the stormwater runoff of a 5-year storm event. Pollution Control devices shall be required at all drainage inlet structures. . /0 C-14 #Z2001000401 Joseph Taubman, Trustee and Deleo Enterprises, Inc, Page 2 A Standard General Environmental Resource Pennit from DERM shall be required for the construction and operation of the required surface water management system. The applicant is advised to contact DERM in order to obtain additional information concerning permitting requirements. Site grading and development shall comply with the requirements of Chapter I I C of the Code of Miami-Dade County. Any proposed development shall comply with County and Federal flood criteria requirements. The proposed development order, if approved, will not result in a reduction in the Level of Service standards for flood protection set forth in the Comprehensive Development Master Plan subject to compliance with the conditions required by DERM for this proposed development order. Tree Preservation: Section 24-60 of the Code requires the preservation of tree resources. Consequently, DERM will require the on-site preservation of the specimen-sized trees, whenever reasonably possible, which are on the site. The site contains a tree grove. A Miami-Dade County tree removal permit shall be required prior to the removal or relocation of any trees. Upon development of the subject site, DERM will require that 100% of the tree canopy removed shall be replaced; furthermore, the department will also require that at least 50% of the replacement trees be species native to South Florida. The applicant is advised to contact DERM staff for permitting procedures and requirements prior to development of site and landscaping plans. Wetlands: The subject site is not located in jurisdictional wetlands as defined in Chapter 24-3 and 24-58 of the Code; therefore, a Class IV Permit for work in wetlands will not be required by DERM. Notwithstanding the above, pennits from the Army Corps of Engineers (USACOE), the State of Florida Department of Environmental Protection (FDEP) and the South Florida Water Management District (SFWMD) may be required for the proposed project. The applicant is advised to contact these agencies concerning their pennit procedures and requirements. Concurrency Review Summary: The Department has conducted a concurrency review for this application and has determined that the same meets all applicable Levels of Service standards for an initial development order, as specified in the adopted Comprehensive Development Master Plan for potable water supply, wastewater disposal and flood protection. Therefore, the application has been approved for concurrency subject to the comments and conditions contained herein. This concurrency approval does not constitute a final concurrency statement and is valid only for this initial development order as provided for in the adopted methodology for concurrency review. Additionally, this approval does not constitute any assurance that the LOS standards would be met by any subsequent development order:" applications concerning the subject I property. - I C-14 #Z2001000401 Joseph Taubman, Trustee and Deleo Enterprises, Inc. Page 3 In summary, the application meets the minimum requirements of Chapter 24 of the Code and therefore, it may be scheduled for public hearing; furthermore, this memorandum shall constitute DERM's written approval as required by the Code. Additionally, DERM has also evaluated the application so as to determined its general environmental impact and after reviewing the available information offers no objections to the approval of the request. cc: AI Torres, Zoning Services-P&Z Maria T. Fojo, Zoning Evaluation-P&Z Greg Adkins, Planning Division-P&Z Lynn Talleda, Zoning Hearings- P&Z 11- PHil 01-401 CZAB-14 Rev. 1 PUBLIC WORKS DEPARTMENT COMMENTS Applicant's Name: Joseph Taubman, Trustee & Deleo Enterprises, Inc. This Department has no objections to this application. This land requires platting in accordance with Chapter 28 of the Miami-Dade County Code. The road dedications and improvements will be accomplished thru the recording of a plat. This application does meet the traffic concurrency criteria for an Initial Development Order. It will generate 38 PM daily peak hour vehicle. trips. The traffic distribution of these trips to the adjacent roadways reveal that the addition of these new trips does not exceed the acceptable level of service of the following roadways: Sta. # LOS present 9820 SW 137 Ave. s/o SW 184 St. C I 9788 SW 127 Ave. s/o SW 184 St. C ,I F - 54 SW 186 St. w/o HEFT D ,19890 SW 200 St. nw/o US-1 D v 9898 SW 216 St. w/o US-1 D ,,; F-8 S. Dixie Hwy s/o SW 232 St. B 9892 SW 200 St. w/o SW 137 Ave. B LOS w/project C C D D D B B The request herein, constitutes an Initial Development Order only, and one or more traffic concurrency determinations will subsequently be required before development will be permitted. JUL 2.3 2002 Date I~ ~~ ~~ ~ giving our students the world July 15, 2002 Miami-Dade County School Board Perla Tabares Hantman. Chair Dr. Michael M. Krop, Vice Chair Frank J. Bo/alios Frank J. Cabo Dr. Robert B. Ingram Betsy H. Kaplan Manly Sabates Morse Dr. Marta Perez Dr. Solomon C. Slinson Ms. Ruth Ellis Myers, Acting Supervisor Miami-Dade County Department of Zoning Evaluation 111 N.W. 1 Street, Suite 1110 Miami, Florida 33128 Superintendent of Schools Merrell R. Stiemeim Re: Joseph Taubman, Trustee & Deleo Enterprises-Application No. 01-401 North of SW 208 Street between SW 133 Court and SW 132 Avenue Dear Ms. Myers: Please accept this letter as an expression of concern from the Miami-Dade County Public Schools (School District), over the impact of the above referenced development on the School District's public schools. Based on current attendance boundaries, the proposed development would be served by Redland Elementary, Mays Middle and South Dade Senior High. All of the impacted schools are over capacity, based on the data provided by the Office of Information Technology. Please see attached analysis. Of particular concern is South Dade Senior High, currently at F.1. S. H. permanent capacity of 182%. Please note that high school relief (S/S "HHH") is being constructed at 18180 S.W. 122 Ave.; the anticipated completion date for same is August 2003. 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. In accordance with established School Board policy, this letter should not be construed as commentary on the merits of the pending zoning application. Rather, it is an attempt to provide relevant information to the Community Council on the public schools that Wi~I~~1ffi serve the proposed development. ID1E~Th:ll W ~@ li\1 JUL 1 C 2002 DEPT. uc PLMI~II'l:> & ZONING ZONING EV ALUA nON SECTION School Board AdmInistratIon Building. 1450 H.E. 2nd Avenue. Mlam~YFlorida 33132 14 305-995-1430. FAX 305-995-1488 . www.dadeschoo/s_net Ms. Ruth Ellis Myers July 15, 2002 Page Two 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. ,~ Patricia Goo Coordinator III PG:am L-196 Attachment cc: Ms. Ana Rijo-Conde Mr. Fernando Albuerne Mr. Alex A. David IS- REVISED SCHOOL IMPACT REVIEW ANALYSIS (01/08/03) APPLICATION: No. 01-401, Joseph Taubman, Trustee & Deleo Entrprises (CC14) REQUEST: Zone change from AU to EU-M ACRES: 14.13 acres LOCATION: North of SW 208 Street between SW 133 Court and SW 132 Avenue UNITS: 31 single-family units ESTIMATED STUDENT POPULATION: 20 students' ELEMENTARY: 11 MIDDLE: 5 SENIOR: 4 SCHOOLS SERVING AREA OF APPLICATION: ELEMENTARY: Redland Elementary - 24501 Sw 162 Ave. MIDDLE: Mays Middle - 11700 SW 216 St. SENIOR HIGH: South Dade Senior - 28401 SW 167 Ave. . Based on Census 2000 information provided by the Miami-Dade County Department of Planning and Zoning. /6 The following population and facility capacity data are a& reported by the Office of Information Technology, as of October, 2002: STUDENT FISH DESIGN POPULATION CAPACITY PERMANENT Redland Elem. Mays Middle South Dade Sr. 1072 1095 2824 829 1023 1871 % UTILIZATION FISH DESIGN CAPACITY PERMANENT NUMBER OF PORTABLE STUDENT ST A liONS 129% o 25 283 107% 151% ADDITIONAL SCHOOL INFORMATION: The following information was provided by school site personnel or other data sources in October 2002: Red/and E/ementarv: 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 Received A+ Grade Before and After-school care Begins at 10:15 a.m. None Spanish 5 & SL 11 Mavs Middle: Access to computers: In each classroom, special computer labs and media center Capital Improvements since 1990: Classrooms, Media Center, Administrative Offices, Art Photo Lab and Computer Lab Recognition for Academic Achievement: Theodore Gibson Oratorical and FBLA Special Programs: After-school care, Magnet program, Community, Enrichment and Vocational Classes and Saturday School Lunch schedule: Begins at 11:15 a.m. Non-instructional space utilized for instructional purposes: Custodial Offices Teachers required to f1oalltravel: ESE and Math South Dade Senior Hiah: Access to computers: In each classroom, in special computer labs and in the Media Center Capital Improvements since 1990: Media Center Recognition for Academic Achievement: FL School Recognition Program Special Programs: Vocational Classes Lunch schedule: Begins at 11 :00 a.m. Non-instructional space utilized for instructional purposes: Storage Room, Math Office, Little Theater, Teacher's Lounge, Wrestling Room and Science Office Teachers required to f1oalltravel: Spanish, History, Science, Social Studies Math, Business, English, Economics and Electives I~ PLANNED RELIEF SCHOOLS IN THE AREA (infonnation as of January 2003): School Status 'State School "HHH" Construction at Robert Morgan Vocational Tech. 18180 SW 122 Avenue Miami, FL 33177 Proiected Occupancy Date Fall/2003 'Note: The anendance boundaries for SlS 'HHH" have nollJeen established 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 $116,660. CAPITAL COSTS: Based on the State's January-2003 student station costfactors*, capital costs forthe estimated additional students to be generated by the proposed development are: ELEMENTARY MIDDLE SENIOR 11 x $ 13,063 = $ 5 x S 14,978 = $ 4 x $ 19,820 = $ 143,693 74,890 79,280 Total Potential Capital Cost $ 297,863 , Based on Information provided by the Florida Department of Education, Office of Educational Facilities Budgeting. If{ MIAMI-DADE FIRE RESCUE DEPARTMENT ZONING COMMENTS Hearing Number: Location: AI. Dr 0/ - 4D I ,/ Yes - /33 .4VC'. No ~V<.) 208 Sr. Service Impact 8e7"6<J€€N SIA.) 1.32 Recommendation: No objection No abjection with condition(s) Denial / . . Estimated number of alarms generated annually by application: /I If there is an impact, below is the service availability: EJ-. Grid aab 1 @SF 4:3 Occupancy Type / Station District Impact of additional calls on closest station: OMinimallmpact. DModerate Impact. Planned station(s) will mitigate impact. Planned Service to Mitigate: Service Location Year to be Completed ACCESS: Description of Concem(s): D Fire Engineering & Water Supply Bureau site plan review and approval required. D Gated entrances must have a minimum 15' width and must provide an elevator lock box containing a switch or lever to activate the gate for fire department use. D Access lanes are to be a minimum of 20 feet wide with a vertical clearance of 13 feet 6 inches. D Tumabout for fire apparatus shall have a minimum centerline radius of 50 feet. (T or Y turnaround acceptable to the AHJ shall be permitted) (Florida Fire Prevention Code) OTHER CONCERN(S): Reviewed by: Carlos Heredia Phone: (786\.331-4544 Date: Mav 22. 2002 Reviled 41181D2 :;'0 PETITION OF APPEAL FROM DECISION OF MIAMI-DADE COUNTY COMMUNITY ZONING APPEALS BOARD TO THE BOARD OF COUNTY COMMISSIONEjfu CHECKED BY dZt AMOUNT OF FEE $399.00 ffi1m:~JJ.1!!wr RECEIPT# ;;r.;)jjDc'lDc;YO Y NOY 04 200r OATE HEARO 10-16-02 ZONING HEARINGS SECTION MIAMI-DADE PlANNING AND ZONING DEPl BY 13 C BY CZAB # 14 BY DATE RECEIVED STAMP ****..******~~~~A~A~~.AAA~ 44444*****1111111111.1111.4111111_11_111111111111L1444ALLL1 _ _LL!L1111 L LLLL1* This Appeal Form must be completed in accordance with the "Instruction for Filing an Appeal" and in accordance with Chapter 33 of the Code of Miami-Dade County, Florida, and retum must be made to the Department on or before the Deadline Date prescribed for the Appeal. RE: Hearing No. 01-401 Filed in the name of (Applicant) Joseph Taubman. Trustee & Delco Enterprises. Inc. Name of Appellant, if other than applicant Addressllocation of APPELLANT'S property: The north side of theoretical S.w. 208'" Street. (Bush Drivel between theoretical S.w. 133"' Court and S.w. 132"" Avenue. Miami-Dade County. Florida. Application, or part of Application being Appealed (Explanation): Entire Application Appellant (name): hereby appeals the decision of the Miami-Dade County Community Zoning Appeals Board with reference to the above subject matter, and in accordance with the provisions contained in Chapter 33 of the Code of Miami-Dade County, Florida, hereby makes application to the Board of County Commissioners for review of said decision. The grounds and reasons supporting the reversal of the ruling of the Community Zoning Appeals Board are as follows: (State in brief and concise language) 1. The Community Zoning Appeals Board's ruling was arbitrary and capricious. 2. The Community Zoning Appeals Board's ruling was not based on substantial competence evidence. 3. The Community Zoning Appeals Board's ruling was based on perceived impact not related to the application. 4. The Community Zoning Appeals Board misapplied the Jaw. 5. The Community Zoning Appeals Board's prejudicial and irrelevant comments compromised the hearing. tl APPELLAN7 MUST SIGN THIS PAGE Date .~ day of _.. O_C706C~ . 20er Signed ~~-<-tP_-q JOJ ~ ~II YUAI1LZ!.."; Print Name t:{ ~ d- 9 .:5 rlC/,f L. Ctz.. JEte t.I1 tV E A Mailing Address P(')Y""'l!>IfIlJtt!-~/I .J.4iemi FL 33l/ '37 ~/ )3"~' 'IS"a..<I Phone f$'.G I ) '3' !f-'I5-;;..<j Fax Subscribed and Sworn to before me on the ~Tl day of .9 ~ .200).. ~~~ ~Iit.r'",- ~ (stamp/seal) Commission EXDites:rb. R8g1na ~. {;O In Notary Public 01 New Jersey My Commission Explrel ,., '1~Jo " j.t. APPELLANT'S AFFIDAVIT OF STANDING (must be signed by each Appellant) STATE OF COUNTY OF Before me the undersigned authonty. pe~onally appeared . . . (Appellant) who was sworn and says that the Appellant has standing to file the attached appeal of a Community Zoning Appeals Board decision. The Appellant further states that they have standing by virtue of being of record In Community Zoning Appeals Board matter because of the following: (Check alJ that apply) 1. Participation at the hearing X 2. Original Applicant -- 3, Written objection, waiver or consent Appellant further states they understand the meaning of an oalh and the pena~ies for perjury I and that under penalties of pe~ury I Affiant declares that the facts staled herein are true. Further Appellant says not. ;g-(,~~ tf:.ItN~ C~vtl'n~ p.~ it ~: I .J'_. . 1#:. ~ Slg re 1-'SA-1 N. /J1AILttrAJ Print Name Sworn to and subscribed before me on the .,;J-.i1:1... day oQ~_ J, 20~ Appellant is personally know to me or has produced PL hJ~,:'_:, ~. identification. ~ ' ~ .g. C:_L olary Public ~ ,RLJ:. h .1.0, --.d ppellanrs Signature JO<j~P/1 "'1/:1u~nnA!..__ Print Name as (stamp/seal) Commission Expires: Regina B. Cotllin Notary PubrlC a! New~ My CommiSSion Expires 0 0 L t~ APPELLANT MUST SIGN THIS PAGE Oate ~ day of NOvPkWW. 200J- Signed Ent~r ~i~, Inc. Print Name \~';,~ NW 2\ St- o b l. () \ Mailing Address f~M WI\..i2 r t "Ul-S Miamf" FL '3~o;;;1. \? - (qr;4) LfLl'7 -I~r~ Phone ) Fax Subscribed and Sworn to before me on the 0 If , 20 ()d- . (stamp/seal) C~ <2..C i?\'S..l'2.\ Commission Expires: JORGE L VIU.ASMIL NC7I'ARY I'UBUC S1'ATE OF FLORIDA COMMlS5ION NO. ccat572t MY COMMIsSION EXP. MAIL ll'lM.'l J-tf APPELLANTS AFFIDAVIT OF STANDING ~ (must be signed by each Appellant) STATE OF--\-Ior\ e::b.. ' COUNTY OF ~ ~- Before me the undersigned authority, personally appeared tI ~0(;".. J Q...( ~~ , (Appellant) who was sworn and says that the Appellant has standing to file the attached appeal of a Community Zoning Appeals Board decision. The Appellant further states that they have standing by virtue of being of record In Community Zoning Appeals Board matter because of the following: (Check all that apply) 1. Participation at the hearing X 2. Original Applicant 3. Written objection, waiver or consent Appellant further states they understand the meaning of an oath and the penalties for pe~ury I and that under penalties of pe~ury I Affiant declares that the facts stated herein are true. Further Appellant says not. ~ ~atuC - . -f.1f'T72iu''A A e Ct 0 tUWf. \ 3ov~Q.'\' \J\\\US{Y\~ . Print N e J I N P, ~L- (;)tJTt Print Name Pina del Conte President Deleo Enterprises, Inc. 13833 NW 21 Stret pembroke Pines, FL 33028 Sworn to and subscribed before me on the 0'-\ day of ~ Appellant is personally know to me or has pr identification. , 20 O--;r. I/\~' as (stamp/seal) C41 CC~l~72..! JORGE L VIU..ASMIL NOI'ARY PlJBLlCsrATECF~ COMMlSSiON NO, CC81S721 Commission Expires: MY~EXP.MAR.l' u.o. {L:~'- .\\::', 'U;:)'3 J.5" RESOLUTION NO. CZAB14-8-02 WHEREAS, JOSEPH TAUBMAN, TRUSTEE & DELCO ENTERPRISES, INC. applied for the following: AU to EU-M SUBJECT PROPERTY: PARCEL 1: The east Y..of the S E 14 of the S E 14 of the N W 14, in Section 11, Township 56 South, Range 39 East. AND: PARCEL 2: The east Y.. of the S W 14 of the S E 140f the N W 14and the west Y, ofthe S E 140f the S E 140f the N W 14 less the east 181' of the south y, thereof, in Section 11, Township 56 South, Range 39 East. LOCATION: The north side of theoretical S.W. 208 Street, (Bush Orive) between theoretical S.W. 133'" Court and S.W. 132 Avenue, Miami-Oade County, Florida, and WHEREAS, a public hearing of the Miami-Oade County Community Zoning Appeals Board 14 was advertised and held, as required by law, and all interested parties concerned in the matter were given an opportunity to be heard, and at which time the applicant proffered a Declaration of Restrictions which among other things provided for: 1) That said Property shall be developed substantially in accordance with the plans previously submitted entitled' Site Plan, S.W. 208'h Street & S.W. 132,d Avenue: as prepared by Superior Consultants, consisting of 2 sheets, dated September 26, 2001, and said plans being on file with the Miami-Oade County Department of Planning and Zoning, and by reference made a part of this agreement. 2) That the Applicant intends to utilize no more than 8 Severable Use Rights in order to develop the property in substantial compliance with the above referenced plan. WHEREAS, upon due and proper consideration having been given to the matter, it is the opinion of this Board that the requested district boundary change to EU-M would not be compatible with the neighborhood and area concerned and would be in conflict with the principle and intent of the plan for the development of Miami-Dade County, Florida, and should be denied without prejudice, and that the proffered Oeclaration of Restrictions should not be accepted, and 11-56-39/01-401 Page No. L CZAB14-8-02 26 WHEREAS, a motion to deny the application without prejudice, and to not accept the Declaration of Restrictions was offered by Don Jones, seconded by Dr. Pat Wade, and upon a poll of the members present the vote was as follows: Samuel L. Ballinger Don Jones Curtis Lawrence absent aye aye Charlie McGarey Dr. Pat Wade Mabel G. Oijkstra nay aye absent Wilbur B. Bell aye NOW THEREFORE BE IT RESOLVED by the Miami-Oade County Community Zoning Appeals Board 14, that the requested district boundary change to EU-M be and the same is hereby denied without prejudice. BE IT FURTHER RESOLVED that the proffered Oeclaration of Restrictions should not be accepted. The Director is hereby authorized to make the necessary changes and notations upon the maps and records of the Miami-Oade County Department of Planning, Oevelopment and Regulation. PASSED AND ADOPTED this 16'hday of October, 2002. Hearing No. 02-7-Cll4-1 bt 11-56-39/01-401 Page No. l. CZAB14-8-02 .21 STATE OF FLORIDA COUNTY OF MIAMI-OAOE I, Earl Jones, as Deputy Clerk for the Miami-Dade County Department of Planning and Zoning as designated by the Director of the Miami-Dade County Oepartment of Planning and Zoning and Ex-Officio Secretary of the Miami-Dade County Community Zoning Appeals Board 14, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. CZAB-14-8-02 adopted by said Community Zoning Appeals Board at its meeting held on the 16'" day of October, 2002. IN WITNESS WHEREOF, I have hereunto set my hand on this the 19'h day of November, 2002. ?~~ Earl Jones, Oeputy Clerk (3230) Miami-Oade County Department of Planning and Zoning SEAL IL.::,\~. ......... . ..... ;r'~ '....~.? PE~i"... .'" 't"" oJ'.. : e" \,) p.. D t (fj'". i<= -0- o~ ~ (DUNn ~~ .0 A--C- <it" .::0: :'~DR\<> 0':,. ~'. .. .' ~ ~11'. -t.r~.....:-&" S~-c.=~ ....-. ........".-. .' ,2.t6 DISCLOSURE OF INTEREST' If the property which IS the subjed of the application is owned or IuHd by . CORPORATION. list the principal atoclU1older5 and the percentage of atodt owned by each. (Nole: Where the principIIl oIIic:an or stockholders consist of another c:orpolllUon(S), trult88(s), partnership(s) or other similar entities. further diac:losure sh8I1 be requintd which discloses the identify of the indlVldual(S) (nllllnl persons) having the uIlJmaIe ownership interest in the aforementioned entitYl CORPORATION NAME NAME. ADDR~SS, A.ND OFFICE Percentaae of Stock If the property whicn is the sUbject of the application is owned or IeasIId by a TRUSTEE. list \he beneficiaries of the trust and the percentage of inter_ held by eactl. (Nola: where the benef'K,;.,lbeneficiaries consist of carpotatlon(s). another trus1(s), partnerahip(s) or other aimnar entItI8s, further disclosure anal be required whictl discloses the identity of \he individWII(s) (natural persona) having the Ultimate ownership Interest in the aforementioned entity]. William A Liebherr Revocable Trust and the M. Allen Alexander Revocable Trust TRUST NAME - NAME AND ADDRESS F'ercentaM of Interest "> William Liebherr 100% 7194 Caminitn nl,in~~n~ ~~n ni~g~. ~~ q?1?? Page 2 I~!I~W ZONING HeARINGS SECTION MIAMI-OAlIE IUNIlIllG AIIIl ZCltlIIlG DEPr. BY ~V J.'1 If the property which is the subject of the application is owned or Ieaaed by . PARTNERSHIP or LIMITED PARTNERSHIP. li8t the principals of partnership, including general and limited partners. [Note: Where the partner(8) consist of another partnenship(s). corporalion(s) trust(s) or other similar entities, further disclos.rre shaD be required which discloses the identity of the individual(s) (natural persons) having lhe ultimate ownership interest in the aforementioned entity]. PARTNERSHIP OR LIMITED PARTNERSHIP NAME NAME AND ADDRESS Percentaae of Ownership If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not, and whether a Corporation, Trustee, or PartMl'8hip, list the names of the contract purchaael'8 below. including the principal ollicers, stockholders. beneficiaries, or partners. [Note: Where the principal corporation, trust. partnership, or other similar enlilies further disclosUf1l shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. NAME NAME AND ADDRESS. AND OFFICE (if appticable) Percentaae of Interest Oate of contract: '5D ~lE~~~I" ZONING HEARINGS SECTION MIAMI-DADE PI.AlINING AND ZONING DEFT BY N./ Page 3 If any contingency clause or contrad terms involve additional parties, list all individuals or ofllcers. If a corporation. partnership or trust For any changes in ownership or changes in contracts for purchase subsequent to the date of the acplication. but prior to the date af final pubUc hearing. a supplemental disclos~ of interest shall be filed, The above is a full disclosure of an partie. of interest in this application to the best of my knowledge and belief. Signature: ~ 't(H D' .<dJ...____ (Applicant) - .JtJ5€"/'# -';;u", "1'1 tI Sworn to and subscribed before me, this 7 -t4 day of J./ or.-e"", h Lv( .20 t!J( ~~ Notary Public, State 0 lorida at Large .~~.. \ My Commission Expires: ~~ RODRKJOE. MOYA l...~~ .....CDMMIIIION. DO__ \;.~ EllPI...._'UIll ,_r II~ II\...,.....~_ . DIsclosure shall not be requlnld of: 1) any entity, the equity interests In which are regularly traded on an established securities market in the United States or another country; or 2) pension funds or persian tru.te of more than five thousand (5,000) ownership interests; or 3) any entity where ownership inlllnlsts ere held in a partnership, corporation or trust consisting of mo'" then five thousand (5,000) separate int."'.... including an intere.ts 8t tlVery level of ownership end where no one (1) person or entity holds more than 8 totlll of fwe per cent (5%) of the ownership interest In the partnership, corporation or trust. Entities whose ownership Interests Ire held in 8 partnership, corporation, or trust consisting of more than nve thousand (5,000) separate interests. including 10 interests at every level of ownership. shaH only be required to disdose those ownership Interest which exceed five (5) pen:ent of the ownership interest in \he partnership, corporation or truat. '3/ IDJ~~!J)EIID ~ N.OV U 7 20Dl ZONING HEARINGS SECTION MIAMI-llADE PlNINING AND ZONING llEI'T. BY ~v DISC[.OSURE OF INTEREST" If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and the percentage of stock owned by each. [Note: Where the principal officers or stockholders consist of another corporation(s), trustee(.), partnership(s) or other similar entities, further disclosure shan be required which discloses the ldentlfy of the Indlvldual(s) (naturel persons) having the ultimate ownership Interest in the aforementioned entity]. Deleo Enterorises, Inc. CORPORATION NAME NAME. ADDRESS. AND OFFICE Percentaae of Stock Ms. Rosa. Maria Savini 13833 N.w. 2111 Street Pembroke Pines, Florida 33028 100% ~r t nl.h~(T 13 If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. [Note: where the benefic:iarylbeneficiaries consist of corporatlon(s), another trust(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural peraona) having the ultimate ownership interest in the afprementioned entity]. TRUST NAME NAME AND ADDRESS Percentage of Interest Page 2 3~ If the property which is the subject of the application is owned or leilSed by 8 PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of pertnerWlip, including general and limited partneni. (Note: VlJhere the oartner(s) consist of another partnership(s), corporation(l) trust(s) or other similar entitiea, further dlldosure shaD be required which disclos.. the identity of the individual(s) (natural persons) having the ultimate ownership intel'lltlt In the aforementioned entity). PARTNERSHIP OR LIMITED PARTNERSHIP NAME NAME AND ADDRESS Percentaoe of Ownership If there is 8 CONTRACT FOR PURCHASE, whether contingent on this application or not, and Whether a Corporation, Tl\IlItee, or Partnership, list the nem.. of the contract purchasel$ below, including the principal oftIcers, stockholders, beneficiaries, or par1ners. (Note: VVhere the princlpaI corporation, trust, partnership, or other similar entities further disclosure shaH be required which disc:loaea the identity of !he Indivlclual(s) (natural penions) having the ultimate ownership interest in the aforementioned entity). NAME NAME AND ADDRESS. AND OFFICE (if applicable) Percentage of Interest Date of contract: 3~ Page 3 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation. partnership or trust. For any changes in ownership or changea in contracts for purchase subsequent to the date of the application. but prior to the date of final public hearing, a supplemental diacloaure of Interest shall be filed. The above is a full disclosure of 1111 parties of Interest in this appliClltion to the best of my knowledge and belief. (Applicant) {J;hJ,/P~- :P { N I'r OE'"L GoNT'f? Signature: Sworn to and subscribed before me, dayof ^(n J. K+h ,2001 I. this ~~q~ / Notary Public, State Of Florida at Large My Commission Expire$: / ~ - t!-().2;J . Disclosure shllll not be required of: 1) any entity, the equity interests in which are regular1y traded on an established securities market in the United States or another country; or 2) pension funds or pension trusts of more than five thousand (5,000) ownership interests; or 3) any entity where ownership interests are held in a partnership, cOrporlltion or trust consisting of more than five thoullllld (5,000) ..parete Interests, indudlng aU Interests at every level of ownership and where no one (1) person or entity holds more than a total of five per cent (6%) of the ownership Interest In the partnership, corporation or trust. Entitles whose ownership interests are held in . partnership, corporetion, or trust consisting of more than five thou.and (5,000) separate Interests, includlng III interests at every level of ownership, shall only be required to discloae those ownership Interest which exceed five (5) percent of the ownership interest in the partnership, corporation or trust. 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MIAMI-DADE COUNTY HEARING MAP Section: 11 Township: 56 Range: 39 Process Number: 01000401 Applicant: JOSEPH TAUBMAN, TR & DELeO ENTERPRISES District Number: 08 Zoning Board: C14 Drafter ID: DIONNE Scale: 1 :300' --r-- . r - - - .,.... .- - - ~ J: 1: 28', l' RO, I, t~'~~:7~~;~~'f :"':;~-.~ ..' 1 '9 B I 7 . : I ......_1 i; 2 ~ ~ +t. -~.. .. -"': ~: . 1'''--',' 4, : ,s oU: W ' 3" J l ; ..-'" ::: ____-- 20'5 ST ...... sw ,.-..- f (-;;-2~:' 21 20, N' ~ -RU"~ ~ --Eu-M ..., ; 2''' 'IS! 19 ,- ....., ~-3~ 17 ,~-t-., ' ,. .... . ,';;JW E05 LN ~. ::! :'~-')~: 1'-~;:, / CI)! ~'5"~ ~~";.~-.i---..~o\" ~ -..;2 15: , 12; -:;: , s: . "'.-.,,, _____; .- ~. .. -- , -. - _i : 7: ',lOl 11: ~ - B . ~ ~ 's~ -- 'k.;?" . sr ' .,. __' /- .-f':'--.., j.. ,.. ':'I. l' -" ' \ ',.... I I PORT dF! !- --- -1- _ _ _ _.; ,._ 'TR9:': 21 e' :. , :II---~ " , ,~: 3 - '''-1 ,-- :EU-M: ' ,. ,.' . 7' ~ ,...:o4 I '" "l 'l I ' I ~ _., _ -. ... .IUl r-' , 'i' 5 " 6 . ,1 I , 'u. --, 1 '---1-' --- ---.......-..-....-..- . , ~._-_..-.--_._._..---- s C A. L E o 200' t N Iz::zl SUBJECT PROPERTY ...aqo O:Z_~"""I.I:lll1 , , 'lC 'f!'- ,,' , T . S:j;P~l'~ "~~..~ ';'~~ !'.2iC~s~ ;c.':ii:t:;:,~'~ '.1:;: - - t= ,_ t!' -f' .-' -.~ ,"~ -" .-" ,. ,~{./_t ~,'.;...~ '-~ .~" ~' }' ~_.!.:,,~~ ~: . .~_:.<~ '.:.t,~" '"": , ~.. ~'i;,~' ~ , MIAMI-DADE COUNTY AERIAL seA L E 0-- NTS t N Section: 11 Township: 56 Range: 39 Process Number: 01000401 Applicant: JOSEPH TAUBMAN, TR & DELCO ENTERPRISES District Number: 08 . Zoning Board: C14 Drafter ID: DIONNE Scale: NTS -.. ,... SUBJECT PROPERTY _D O,KlNlNOIlIl.VTINCIo"~.'" Message Jeff Bercow Page I of I 1-4 From: Cynthia Caldevilla [cynthiac@fordco,com] Sent: Friday, August 29,200310:45 AM To: jbercow@brzoninglaw.com Cc: Omar Armenteros Subject: ADMIRALS PORT CONDO - AC, Pursuant to your fax dated 8/28/03, the following is the area calculation of the property described in your fax: 512.750.13 sf or 11.70 ac. +/- b'3 C.l II. 1tJ:: J.u. . - . 8/29/2003 SLI. I~ }/l.v. (;iC- , I -;J BERCaW & RADELL ZONINC, LAND USE AND ENVIRONMENTAL LA\N FACSIMILE TRANSMITTAL SHEET m Cynthia Caldevilla COMPANY: Ford Engineering FAX NUMBER: 305-470-2805 AU FROM: Jeffrey Bercaw DATE: _~~ August 28, 2003 . ,I T'OTAL NO, OF PAGES INCLUDING COVER: 4 PHONE NUMBER: 305-477-6472 By, SENDER'S REFERENCE NUMBER: 1439-1 RE: ..,~"-... YOUR REFERENCE NUMBER: .,,'..... . o URGENT o FOR REVIEW o PLEASE COMMENT o PLEASE REPLY o PLEASE RECYCLE THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEDGED AND CONFIDENTIAL AND IS INTENDED ONL Y FOR THE USE OF THE INDIVIDUAL NAMED ABOVE AND OTHERS WHO HA VE BEEN SPECIFICALL Y AUTHORIZED TO RECEIVE SUCH. IF THE RECIPIENT IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR DUPLICATION OF THE COMMUNICATION IS STRICn YPROHIBITTED, IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, OR IF ANY PROBLEMS OCCUR WITH TRANSMISSION, PLEASE IMMEDIATEL Y NOTIFY US BY TELEPHONE (305) 374-5300. NOTES AND COMMENTS: Dear Cynthia: Please review attached regarding Admiral's Port, and have someone in your office calculate the acreage of the Admiral's Port property from the "legal description of the site plan". Kindly get that information to me as soon as possible. Thank you. Sincerely, Jeffrey Bercow 200 S. 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OF PAGES INCLUDING COVER: 4 TO: P~ONE NUMBER: 305-477-6472 SENDER'S REFERENCE NUMBER: 1439-1 RE: YOUR REFERENCE NUMBER: o URGENT o FOR REVIEW o PLE/o.SE COMMENT o PLE/o.SE REPLY o PLE/o.SE RECYCLE THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEDGED AND CONFIDENTIAL AND IS INTENDED ONL Y FOR THE USE OF THE INDIVIDUAL NAMED ABOVE AND OTHERS WHO HA VE BEEN SPECIFICALLY AUTHORIZED TO RECEIVE SUCH. IF THE RECIPIENT IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR DUPLICATION OF THE COMMUNICATION IS STR/CTLYPROHIBITTED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, OR IF ANY PROBLEMS OCCUR WITH TRANSMISSION. PLEASE IMMEDIATEL Y NOTIFY US BY TELEPHONE (305) 374-5300. 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" *******************************************************..... Batch Name: 9330033-PS7 Batch Creator: MIDAS Batch Creation Date: 8/7/1988 Batch Creation Time: 13:35:30 Number of Pages:c 8 [All] Printed by: CASHIER2 , Print Date: 8/7/1988 Print Time: 13:48:9 ************************************************************ f CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, I City Manager TO: City Commission BY: Joanne Carr, AICR Planning Director DATE: June 20, 2003 SUBJECT: 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--2l2.. September 2, 2003 City Commission Meeting Agenda Item 5l.iL 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 III, 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 11I,lnc, 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 Aerial Photograph SIZE OF PROPERTIES Approximately 8,36 acres (9,02 acres including ,65 right of way requested to be abandoned) DESCRIPTION IBACKGROUND 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 #4. 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 town homes 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: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Business and Office Business and Office Medium High Density Residential Medium High Density Residential Business and Office 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 district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. 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. 1. 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. 2. 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 Zoning Category PM Peak Hour Vehicle Tri s 1,311 B2 all office use 6 82 all retail use 82 (office, hotel, retail uses RMF4 residential 1,073 1,973 185 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 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, 7 ~ BERCaW &. RADELL ZONING. L.AND USE AND ENVIRONMENTAL LA'W' 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 A ventura, FL 33180 Re: Aventura Landings (o1-SP-03) Dear Ms. Carr: EXHIBIT #1 01-REZ-03 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 Proiect. 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 outparcel. PHONE. 305.374.5300 . J:AV .ruo; .,...,..... _""'"., WACHOVIA FINANCIAL CENTER. 200 SOUTH BISCAYNE BOULEVARD. SUITE 850 . MIAMI. FLORIDA 33131 Ms, Joanne 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 A ventura 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, AlA Ed Uorca, AlA Omar Armenteros, P,S.M, Manuel Echezarreta, P.E, Henry Fandrei, P,E. r BE.RCOW &. RADE.LL ZOMIH_, LAND u.. ...ND .NVI..ON....NTA&. '"""W ~ BERCOW &. RADELL ZONING, LANO USE AND ENVIRONMENTAL LA,^, DIRECT LINE: (305) 377-6220 E-Mail: Jbercow@BRZoningLaw.com VIA HAND DELIVERY April 24, 2003 Ms. Joanne Carr, Director Community Development Department City of Aventura 19200 West Country Gub Drive Aventura, FL 33180 Re: Aventura Landings (01-SP-03) RE:. V -<<- ( Dear Ms. Carr: nus 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"). nus 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 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, nus letter supersedes our March 14, 2003 letter of intent. The Proiect. 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 185th Street. The Applicant's architects have submitted a revised site plan dated April 23, 2003 to your offices under separate cover, WACHOVlA FINANClAL. CENTER. 200 SOUTH BISCAYNe BOULEVARD, SUITE BSO. MIAMI, FLORIDA 33131 PHONE. 305.374.5300 . FAX. 3015_377_~~'::>> 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 28th 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 185th 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 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 A ventura 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 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 BERcaw &. RADELL aONI...". ........... U.. AND .Nv'OIION....NT...L LAW Ms. Joanne Carr 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, Drivewav 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 185th 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 28th 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 BERcaw &. RADELL _NI...., I.AND U.. AND .NV...OH...NT..... I.AW Ms. Joanne Carr 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 enviromnent, 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 BERcaw &. RADELL :lCON'''G, .......ND U.. ....ND ....V...ON....NT...L.......W Ms. Joanne 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 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 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 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 BERcaw &. RADELL ...NIN", L.4ND U.. AND ........."OH....NT...... LA_ Ms. Joanne 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 185th 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 185th 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. BERcaw 5. RADELL ZO..,NG. LA"O U.. AND .........ONM.NT...... ......._ 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 28th 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 Band 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 A ventura 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 Mana~ement Element. According to information provided by the Community Development Department, 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 &. RADELL --~.~- . ........ ...- ....... _......._..._--~-- . .... 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 Meruelo Mr. Jesus Velez Jorge Mouriz, AlA Ed Uorca, AlA Omar Arrnenteros, P.S.M. Manuel Echezarreta, P,E. Henry Fandrei, P.E. 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Roadways City Boundary ZIP Code Boundary Railroad ~ 01-REZ-03 EXHIBIT #3 01-REZ-03 MARCH 14, 2003 DRAFf DEVELOPMENT AGREEMENT This Development Agreement (" Agreement") is made and entered into as of the day of , 2003 by and between the City of A ventura, Florida a municipal corporation, (" City") and MERCO GROUP AT AVENTURA LANDINGS I, INe., MERCO GROUP AT AVENTURA LANDINGS II, INe. AND MERCO GROUP AT A VENTURA LANDINGS III, INe. (collectively"Owner"). RECIT Al.S: 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 Department; 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 185th Street extension, as well as dedicate needed right-of-way for N,E, 185th 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 EXHIB1T #4 n1-RI=7-n~ Government Development Agreement Act Sections 163.3220-163.3243, Florida Statutes (the" Act"); and WHEREAS, the City of A ventura 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, induding 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 (USl) 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-ln-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-I0 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 (b) 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, 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 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. 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 ,2003. WITNESSES: MERCO GROUP AT AVENTURA LANDINGS I, INC By: Print Name: Print Name: Title: Print Name: WITNESSES: MERCO GROUP AT AVENTURA LANDINGS II, INC By: Print Name: Print Name: Title: Print Name: WITNESSES: MERCO GROUP AT A VENTURA LANDINGS III, INC By: Print Name: Print Name: Title: Print Name: CIlY OF A VENTURA, FLORIDA Attest: By: By: Eric Soroka, City Manager Theresa Soroka, Clerk EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY [INSERT LEGAL DESCRIPTION FOR A VENTURA 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 28th 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 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 28th 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 Envirorunental 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 A ventura 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 Bercaw Address: Bercow & Radell, P.A. 200 South Biscayne Blvd., Suite 850 Miami, FL 33131 REVISED rUNE 19, 2003 (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 attomey'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 1 NOW THEREFORE, in consideration of the premises, Owner hereby freely, voluntarily and without duress agrees as follows: 1. 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. 2, The Property will be developed in accordance with the site plan entitled, "Aventura landings", prepared by MourizlSalazar 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 31-790) 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, 3, 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, 4, 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 g. 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; I. 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 m. 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 portiohS 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. 5. 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. 6. Enforcement of the declaration shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party. 7, No combination shall be approved where approval would allow a violation of any other provision of this chapter. 8. The maximum residential density on the Property shall not exceed 45 dwelling units per gross acre, 3 9. 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. 10. 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. 11, Invalidation of anyone of these covenants, by judgment of Court, shall not affect any of the other provisions, which shall remain in full force and effect, 12. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone 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. 13. 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, 14, 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 _ day of ,2003. WITNESSES: Print Name: MERCO GROUP LANDINGS, I, INC By: AT AVENTURA Print Name: Print Name: Title: WITNESSES: Print Name: MERCO GROUP LANDINGS, II, INC By: AT AVENTURA Print Name: Print Name: Title: WITNESSES: MERCO GROUP LANDINGS, III, INC By: AT AVENTURA Print Name: Print Name: Title: Print Name: 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 . Miami-Dade County School Board Ana Rijo-Conde, AICP Dr. Michael M. Krop, Chair April 7, 2003 Dr. Robert B. Ingram, Vice Chair Agustin J, Barrera Frank J. Bolanos Frank J. Cabo Perla Tebares Hantman Betsy H. Kaplan Dr. Marta Perez Dr. Solomon C. Stinson 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 Superintendent of Schools Merrett R. Sfierheim Dear Ms, Carr: 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 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 0 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 OJ us 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 affeoted area that meet the review threshold, ----- . Please note that SIS "PP1" and SIS "RR 1" are funded for construction and SIS "0" is currently funded in the facilities five-year work program for site acquisition, and for school construction, However, although itis possible that this school will serve all or a portion ofthis 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 525 . MIamI, Florida 33132 305-995-7280. FAX 305-995-7295. www.facll.dade.k12.f1.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, pursuantto 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 perunit) in impactfees, 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 merits 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, PG:am L-953 Attachment cc: Ms. Ana Rijo-Conde Mr, Fernando Albuerne Mr. Ivan Rodriguez Ms. Vivian Villaamil SCHOOL IMPACT REVIEW ANALYSIS APPLICATION: Aventura Landings REQUEST: Land use change from Business and Office to Residential and a rezoning from B2 (Community Business) to RMF4 (Multi-family High Density) ACRES: ,72 acres LOCATION: NE 28 Court and NE 185 Street NUMBER OF UNITS: 380 units ESTIMATED STUDENT POPULATION: 156 students. ELEMENTARY: 84 MIDDLE: 38 SENIOR: 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 % UTILIZATION FISH DESIGN CAPACITY PERMANENT NUMBER OF PORTABLE STUDENT STATIONS % UTILIZATION FISH DESIGN CAPACITY 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/ 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 Elementarv: Access to computers: In each classroom, in special computer labs and media center Capital Improvements since 1990: None Recognition for Academic Achievement: Platinum Award for being an "A" School and Superintendent's Recognition Award Special Programs: Before/After school care Enrichment classes Lunch schedule: Begins at 10:15 a.m. Non-instructional space utilized for instructional purposes: Cafeteria, Library, Art Room, Music Room and A V Room Teachers required to float/travel: Art, Music, Spanish S/SL, CCHL and ESOL Hiahland Oaks Middle: Access to computers: In each classroom, special computer labs and Media Center Capital Improvements since 1990: Cafeteria and Media Center Recognition for Academic Achievement: "A" School Special Programs: None Lunch schedule: Begins at 11 :28 a,m, Non-instructional space utilized for instructional purposes: Auditorium and Media Center Teachers required to float/travel: Gifted Science Dr. Michael M, KroD Senior Hiah: Access to computers: In each classroom, in special computer labs and Media Center Capital Improvements since 1990: None Recognition for Academic Achievement: Seaman's Award for the AP Test Scores in Math and Science Special Programs: Magnet programs, Vocational Lunch schedule: Begins at 10:18 a,m. Non-instructional space utilized for instructional purposes: Art Galiery, Storage rooms, Offices and Resource rooms Teachers required to float/travel: Social Studies PLANNED RELIEF SCHOOLS IN THE AREA (information as of March 2003): School State School "PP1" Status Planning Occupancy Date N/A State School "RR1" Site Search In Progress N/A State School "0" Site Search In Progress N/A 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 MIDDLE SENIOR 84 x $13,185 = $1,107,540 38 x $15,118 = $ 574,484 34 x $ 20,005 = $ 680,170 Total Potential Capital Cost $2,362,194 . Based on Information provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost PREVIOUSLY APPROVED DEVELOPMENT REPORT AVENTURA (JANUARY '01 - MARCH '03) ::;M.II'II\III.ll\.lt~ PINNACLE PARK LTD. E of NE 26 Ave 102.084 and 5 of NE 211 Terr. 5/23102 Note: There are two application that Is pending which would generate 174 students. TOTAL 1005 20 1025 .203 535 148% AVENTURA.xls Updated 4fll2003 ~ '. -'~;:.~;': . . ~ -,-; I',. ~ -, ;".'-';-, Revised 1/16/03 ---'~~''''''--'' ""-"--+---'-~-'-" -~.,--_...-.__._. "._.._-,,~... , ."..: 0G€lEHaeeeeeeeeee >. e g' ~ (I) g' ~ -$. ~ ~ ~ ;} m f !; i:' ':! ~3!liggrai2:tlll~ . 0....... -:I :LCI'l-1lI O"~! :I il c: -...!t. (/)0 0". Q.()Ci) o!.; iI~ '"G:::r~: S!:!~:;U::T!. :T>03. ~.1I.::I3 o.C =. !.n:::r.o- .~OOoc:t~O ell II II O:r" N.:::r ::l,,::l.:r -.a.:L:::r ~O""llliO"'O:J_1I cn~ ~ II 03 ::r9i':Ll=::r" ~ g.~ mi'i~ !II-' ~:L;!f ~~~;icn~i&'&'~o!t:~ . .... 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WDl. _=< %"-'S":1 c:- ;......oc.nr o::'.Q:~___ ':80. ~8~f!g~ tQ.~a~.SNf ~~z~ !V~Q.o~3 ~=Qi0~:r 2~~~ ifi!Ei ~:i i~~ :~~~ ~.3.~Dl "-'i::l ~~w 1lCi)(I)Tl a~i. ~ : ~~~ ~Dl~r- ~gQ.3~~ i I!..- .~;w -~--3"< I>> :~o I....~ ~o IIIt~ ~.!_ & ~i~ [~ie :i J!. CI ~ ..... li" ~ ~ ;j )>0 '3. Dj' ~ ~ .~" to! g 5" (.J ~ !;n ~ ~ .. .. ~ ~ .... '" ." .... m )c. iii' .:t :r (') :; .~ ::l. ~i' en o. :; 0 Q. S -. Dl 3 -. I 0 Dl C. (l) (') 0 C' :l "" '< "C c C" - r/) 0 :r 0 :l> 0 - ., 1Il 0' <: (') (l) a. :r :l> Dl ., g; "" (l) ~. ., ~, 0' r/) ;:J' III' ~ 0 .,. :r I\l 0 0 0 0 (.l I. - N 1Il 0 0 -l> 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 Femandez 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 ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this ordinance. Ordinance No. 2003- Page 3 Section 2. Official Zonina 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 Description). Section 3. Development Aareement. The Commission 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 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 yes yes yes yes yes yes yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this _ day of September, 2003. CITY CLERK Exhibit A to Ordinance No, 2003- LEGAL DESCRIPTIGN: T roct A: The North 31 0.B6 feet, of the following described property: A portion of the Southwest 1/4 of Froctionol, Section 3, Township 52 South, Range 42 East, Miomi-Dode County, Florida, being more particularly described as follows: Begin at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Froctionol 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 !T01'45" Efor 310,86 feet to a point on a curve (said point bears S 0'8'15" W from the radius point of the next described circular curve); thence Southeasterly, along a circular curve to the left (concave .to the Northeast), having a radius of 694,69 feet and a central angle of 0"6'JO' for an arc distance of 1.31 feet to a point of tangency; thence S 89"58'15" E, along o line parallel 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 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 Southerly prolongation as recorded in Official Records Book 6088, Page 160 of the Public Records of Miami-Dode County, Florida, for 760.62 feet; thence N 89"59'25" W, along a fine porollel with and 449.91 feet South of, os 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 cr46'52" W, along the East line of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 449.95 feet to the POINT OF BEGINNING, lying and being in Miomi-Dode County, Florida, Troct 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-Dade County, .Florida. being more particularly described os follows: Begin at the Southwest comer 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 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 !TO" 45" E for 310.86 feet to a point .on a curve (said point bears S 0'8'15" W from the radius point of the next described circular curve); theflce Southeasterly, olong 0 circular curve to the left (concave to the Northeast). having Q radius of 694.69 feet and o central angle of !T6'JO" for an arc distance of 1.31 feet to a point of tangency; thence S 89"58'15' E, along a fine parallel with and 20,00 feet South of as measured at right angles ta, the North line 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 !Too'45" W, along. the WesterlY right-of-way line of NE 28th Court and its Southerly prolongation as recorded in OffICial Records Book 6088, ~age , 60 of the Public Record.. of Miami-Dode County, Florida, for 760.62 feet; thence N 89"59'25" W, along a line parollel with and 449.91 feet South of, as measured at ri9ht angles to the North line of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, far 346.87 feet; thence N !T46'52" W, along the East nne af.the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 449,95 feet to the POINT OF BEGINNING, lying and being in Miami-Dade County, Florida. Troct c: A. portion of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of FroctiO!\01 Section 3, Township 52 South, Range 42 East, Miami-Dode 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 Southeast 1/4 of the Southwest 1/4 of said F roctional Section 3, a distance of 90,17 feet to the paint of intersection with East right-of-way boundary of Northeast 28th Court as described in that certain right-of-way Deed to Dode County, med on September 10, 1968, in OffICial Records Book 6088, Page 160 of the pubrlC Records of Miami-Dade County, Florida, being the POINT OF BEGINNING of the parcel of land hereinafter to be described; thence run S !TOO' 45' W along the aforesaid described line, a distance of 361.28 feet to the paint of intersection with a line that is 300 feet North of and parollel 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 F roctional Section 3; thence run N 89'57'54" E along the last described line, a distance of 200,28 feet to a paint, said paint being 46,75 feet West of the East bounda~ of the Southwest 1/4 of the Southeast 1/4 of the .southwest 1/4 of said Fractional 3; thence run N !TOO 45" E along a nne that is 200.28 feet East of and parallel ta the said East boundary of Northeast 28th court, a distance of 361. 18 feet to the paint of intersection with the North boundary of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Froctional Section 3, thence run N 89'59'25" w along the lost described line, 0 distance of 200,28 feet to the POINT OF BEGINNING. .,-.,,~- Exhibit 8 to Ordinance No. 2003- MARCH 14, 2003 DRAFr 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 A VENTURA LANDINGS I, INC., MERCO GROUP AT A VENTURA 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 Department; 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 185th Street extension, as well as dedicate needed right-of-way for N.E. 185th 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 Proiect. 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-af-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" (fIP 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 govermnental 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. Recordin~ 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 (b) 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 sI63.3225, 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, 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 A ventura 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 detennined 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. WITNESSES: MERCO GROUP AT A VENTURA LANDINGS I, INC. By: Print Name: Print Name: Title: Print Name: WITNESSES: MERCO GROUP AT AVENTURA LANDINGS II, INC. By: Print Name: Print Name: Title: Print Name: WITNESSES: MERCO GROUP AT AVENTURA LANDINGS III, INC. By: Print Name: Print Name: Title: Print Name: CITY OF A VENTURA, FLORIDA Attest: By: By: Theresa Soroka, Clerk Eric Soroka, City Manager EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY [INSERT LEGAL DESCRIPTION FOR A VENTURA 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 28th 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 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 28th 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. EXHIBITC 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: Bercaw & Radell, P.A. 200 South Biscayne Blvd., Suite 850 Miami, Fl33131 REVISED IUNE 19. 2003 Exhibit C to Ordinance No. 2003- (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 attomey'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 fonnat of ownership and/or in two or more phases, I 1 l NOW THEREFORE, in consideration of the premises, Owner hereby freely, voluntarily and without duress agrees as follows: 1. 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. 2. The Property will be developed in accordance with the site plan entitled, "Aventura landings", prepared by MourizlSalazar 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. 3. 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. 4, 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 g. 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; i. 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 m, 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. 5. 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, 6. Enforcement of the declaration shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party, 7, No combination shall be approved where approval would allow a violation of any other provision of this chapter. 8. The maximum residential density on the Property shall not exceed 45 dwelling units per gross acre, 3 9. 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. 10. 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. 11. Invalidation of anyone of these covenants, by judgment of Court, shall not affect any of the other provisions, which shall remain in full force and effect, 12, All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone 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. 13. 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. 14. 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 day of ,2003. WITNESSES: MERCO GROUP LANDINGS, i, INC. By: AT AVENTURA Print Name: Print Name: Title: Print Name: WITNESSES: MERCO GROUP LANDINGS, II, INC. By: AT AVENTURA Print Name: Print Name: Print Name: Title: WiTNESSES: MERCO GROUP LANDINGS, III, INC. By: AT AVENTURA Print Name: Print Name: Title: Print Name: 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 g..... .......... .". . . , '\:...~ h.. PLlCANT REPRESENTATIVE AFI-.",AVIT Pursuant \0 Section 3Hl(b)(2)(i) of the City ot Avenlura Land Development Code. this AppllCallt Representative Alfldavil is hereby made and submitted The l.<lC!elsigned authorized representative of the ilcfMdual Of enlity applying lor the Development Penni\, v.i1ich is klentilIed ilthe accompanying appftcalion, and the owner of the property subject \0 the application Cd lftfferenQ hereby lists and i:lentifies aft persons representing the ildividual or entity applying for the Development Permij i1 connection with the applICation, as follows: Name Relationship p.o. All",",,}$, Aithifeds, I..Indscape Ait:hifeds, Eng....OIS, Lobbtists. fie.} Ben Fernandez, Esq. Mouriz/Salazar & Assoc. Attornev Architects Manuel Echazaretta Engineer (AIlach Additional Sheets It Ne<:essaiy) NOl1CE: AIr( STATEMENT OR REPRESENTAllON LlADE BY AIr( PERSON USTED ON TIlE APPUCANT REPRESENTAlIVE AFROAVIT SHAU. BE BINDING UPON TIlE INDIVIDUAL OR EN11TY APPLYING FOR TIlE DEVELOPMENT PERMIT AND TIlE OWNER OF TIlE SUBJECT PROPERTY. APPUCANTS AND AFFIANTS ARE ADVISED TO llMELY SUPPLEMENT THIS AFftDAVIT PURSUANT TO SEC. 31'71(B)(2)(lV} OF THE CITY'S LAND DEVELOPMENT REGULAllONS IN TIlE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERAllON OF THE APPUCAllON BY THE CITY BOARD OR COMMISSION, THE INFORMAllON PROVIDED IN THE AF AVIT BECOMES INCORRECT OR INCOMPLETE, By: Name' T~ . ---- (Signature Ben E'ernandez (Print) Attornev .2003 AlffiI Name: MeruEilo TI\Ie' Address: 200 S. Bi scayn.. Bl vii _, II 850 Address' Miami, FT. '131'11 M;::IIm; ltO::ll,;..h. 'fT. ':l'31~ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Romero Meruelo & Belore me the undersigned authorily personally appeared Ben Fernandez as the authorized representative of the Applicanl and/or the owner ol the property subject to the application, who beilg fll'S\ by me duly swom, did swear or afflflll thai helshe executed this AllIdavit lor the purposes stated therein end that II Is lrue end correct. ~ BETTYl1ERENA UYCOIffl1SSION.OOOD58llr ElCPtRES: F-..y 27. 200lI t~MY' R.Naty.....1.1ardng. n:. . SWORN TO AND SUBSCRIBED BEFORE ME this 3 Jiay 01....Ecl:!.. ~ E 01 florida M large P led of Notary Y commission expires: it - bJSINESS RELATIONSHIP AFFIDA\..' This Alftdavit is made pursuant to Section 3t-71(b)(2)(ii) of the City of Aventura Land Development Code, The lJ'odersigned AlflaC\t hereby lflSCioses that (marl< with 'x' applicable portions only) bd 1. Alflant 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. Alflant hereby discloses that ij does have a Business Relationship with a member of the City Commission or a Cijy Advisory Board 10 which the application will be presented, as follows: serves). '. (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member IIi, The nature of the Business Relationship is as follows: 116. II iii, II iv. (] v. APPUCANT: B Name: Tille' II vi. Member of City Commission or Board holds an ownership ilteres\ In excess of 1 % of Iotal assets or capilal stock of ~tCalIt or Representative; Member ol City Commission or Board Is a partner, c:o-sha!eholder (as 10 shares ol a ccxporation v.i1ich are nollisled on any national or regional stock exdlange) or )oint venturer with the Applicant or Representative il any business venture; The ApprtCallt or Representative Is a Client of a member of the City Commission or Board or a Client of another professional worldng lrom the same ollice or lor the same employer as the member of the Cijy Commission or Board; A City Commissioner or Board member is a Client of the Applicant 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 Cijy Commission or Board (or his or her employer) i1 a given calendar year; The member 01 the City Commission or Board is a Customer 01 the AppllCallt or Representative and transacts more than $25,000.00 01 the business 01 the Applicant or Representative il a given. calendar year, DAY OF MARCH ~~2002 Signature) rinQ PrinQ ESS MY HAND THIS _ DAY OF PROPERTY OWNER: By: Name: Tille: .2001, (Signature) (PrinQ (Print) . 'The terms "Business Retal1onsh/p'" 'CIien~" "Customer," "AppI'lCan~" "Representative" and "Interested Person" are defined In Section 2-395 of the Aventum CIty Code. . r-'~ ".- S~DAYOF February ~g ~ 00 Business Relalionship Alfldavit) Signature) By: (Signature (Print) Name: (prinI) TIlle: (print) Tllle: (PrinI) By: (Signature) By: (SignatJJre Name: !Print) Name: (Print) Tille: (Prinl) Tille: (priaL) By: (Signature) By: (Signature Name: (Prinl) Name: {PriaLJ . Tills: (PrinI) Tille: (PrinO By: fSlgnature) By: (Signature Name: (Print) Name: (PrinO Tllle: (print) Tille: (PriaL) By: (Signature) By: (Signature Name: (Prin/) Name: (PrinI) Title: fPrint) Tille: (Prin/) By: fSigna/ute} By: (Signa/ute Name: (print) Name: (PriaLJ Tille: IPrin/J Tille: (prinI) NOlE: 1) Use dupllcat.e sheets If disclosure Inlonnation lor ReplesentaUve nrles 2) App1lcan\s IIId AIliants IIIl acIvlseclto lImely supplement this Aftldavll pursuant to See. 31-71(b)(2l(tll of the Clty's Land Development ReguIa1Ions In ~ CIty Code, In lite event lbat prlor to cons.ldemUon 01 lite application by lite CIty BaIrd or CommIssion, the Inlonnation provided In the AIllclavIl becomes Incorrect or Incomplel.e. . '\.\1'.\7 . .~~ '~""':::...' ....i' ~,~ ,_." ...~ " 1I0T~RlZA11011 PROVISION &TAlEOf fI.OOlOA I COUKlYOf~ Ill"" .... '" ~~. """,,,,"Iv __ Romero Meruel4;lIJGar(,..oo bU'Q ksI by.... dItt sv.om, diI....., or atr... I\al M/lIlO .1llOJ\lld ....lJfoloVt lor'" p<JlIlOSOS slaled "'cokl om "'Ills "" .nd_ ~~ . Y MY COMMISSION # 00 _7 EXPIRES: FebNOl'f 'V. 2006 1..eo:>>-NOTARY FlNoWf~'Bonding.lnC. Feb. Aff\NlT a>~~' mledNamOol!toWy My~'oqWeS: . STAlEOf IUlRlOA 1 JXlUH1YOf~ Btl:n me, '" udoc>igl.... ~.,......1Iy ~ -...-...._lor....~_.....kloml\O!l"""""'COlI'ed. flelJfM.V<toObenl Wby...'It_diI"""'or_11al H'fWIT SWOOII TO #Ill SIJ8SCRI86l be........lhIs _u.yol .~ NctuyN>lo61ai< olFllMaN.l.ocve PMlod _ ol Hotaiy uy~,~luplter. STAlEOffl()!Ull,\ I lXlUIIlYOf~ eeloce....IhI~&UIllorily.pe<>Oaally_ed M/lIlO.>:eOJied t.is IJfm....lor '" p_ _ ..."'klomhllls.... om oxred. !he 1Jf.anl,.V<toOllellQ ....by...dItt......Cd_orallitm, - SWOOIITO #Ill 6UIISCl\IIlEDbelort ....lhIs_ u.y ol .2ll14 lIIlIuYl'IbIic_olfb\l&N.l.ocve I'IiU4lbnolllllluY Uy~.1 L' n.~ CTATEOfIUlRlOA I COUKlYOf~ _...."'uole."'.....~.portllCQIy~ _.-....._lIlr"'palllOSOS__kletllIl\O!l..""omoxred. ....1JfM.V<toObftlQ ""-by... do.ly_4il_orallitml1al - SWOOIIlO _llUllSCiMal """'" ow ....._u.Y III 2005 lIIlIuYN>Io- olfb\l&N.l.ocve __alllolltt UV'_.,lu'1n..- -. 'I........~ ~ . .- BUSINESS RELATIONSHIP AFADAVrrt This Affidaw is made pursU3l\tlO Section 3t-71(b)(2)(iij of Ille City of Avenlura Land Development Code. The undersigned AffIall1 hereby cflSCloses lhat (marK wiIl1 'x" applicable portions only) AffIall1 does !JQ! have a Business Relalionship wiIl1 any member olllle City Commission or any City MvisJJry .Board to which Ihe application will be presented. AffIall1 hereby cflSCloses lhat k does have a Busiless Relalionship wiIl1 a member 01 the City Commission Of a City Advisory Board to which Ihe apprlCalion will be presented, as foRows: (l.Isl name of Commissioner or MiIsory Board Member) v.1lo serves on Ille (lisl City Commission or City Mvisory Board upon which member ~1. [ )2. seM!S). The nature 0I1lle Business ~ is as 1oI1ows: (] L (Ii. [liii. (l1Y. (Iv. Member 01 City CommIssion or 80ard holds an ownelShip lnIerest it e= of I % of 10taI asseIs or capiIaI stock ol Applicant or Represenlative: Member of City Commlssion or 80ard is a partner, co-shateholder (as " shates cI a COIpOIallon which are not &sled on any na60naI oC regional slock exchange) or Iolnl venturer wIIh the Applicant or Representative il any busiless venlure; . The ApplICant or Representative is a Client of a member 01 the C'1ty Commission or Boanl or a Client of anolller professional worldng from 1l1e same office or for 1l1e same employer as Ille member olllle City Commission or Board; A City Commissioner or Board member is a Client of 1l1e Applicant Of Representative; The Applicanlor Representative is a Cus10mer of 1l1e member ollhe City Commission or Board (or of his or her employer) and lransacIs more 1l1an $10,000.00 of lhe business of lhe member of lhe City ISS or Boanl (or his or her employer) In a given calendar year; er olllle City Commission or 80ard is a Cus10mer of lhe Applicant or Representative and more Ulan $25,000.00 of the busi1ess of the Appltcanl or Representative il a given year, S~DAYOf Februarv .200J 0) .. . ... "';'%U'L~ '@..9V'. .' --." ";- '.," ?). ;.; '.C.' ,,,..,.;. ,..._..:':':-'._" ,. "~':; :i" .,.....l- ~'..' ". . .~:~:-'._~~:,.:~il~:<1j, r .' '0'; ."~C..,.,.,,' \ . ..'..n., ,......,.... ...... "" . - Name' TIlle' Q t.lYHANDUilS ').lP DAY Of February PROPE OWNER: By: Name: Tille: .200] (SignalunJ) fPrfnIJ (PrtnQ "ll1e /enns 'Business ReIaIionsh/p,' "CSen~ . "Customer.. ',4ppIican~' "Representalive. BIld 'lnIeresled Person. alll defined i1 SecIion 2-395 of fh6 Awnlura City Code. WITNESS MY HAND THIS ~ DAY OF Februarv .200 3. on Business Relationship Affidavit) By: Signature) By: (Signature Name: (Print) Name: (Print) rille: Attornpy (Print) rrtle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (PrinQ Tille: (Print) By: (Signature) By: (Signature Name: (PrInQ Name' (PrinQ , l1Ue" (PrinQ Tille: (prinQ . By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tl\1e: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) 11fIe: (PrinQ TItle: (prinQ By: (Signalure) By: (Signature Name: (Print) Name' (PrinQ . Tille: (PrinQ Tille: (PrinQ NOTE: 1) Use duplicate sheets If disclosure InfonnaUon for RepresentaUve varies 2) Applicants and Alflllllls ere advlsed \0 Umely supplement IIIIs AlflClavlt pursuant \0 Sec. 31.71(b){2)(1v) 01 the CIty's Land Development RegulaUons In the CIty Code, In lIIe event IIIat prior \0 conslderaUon of the appllcaUon by lIIe CIty Board or CommissIon, lIIe InfonnaUon provlded In lIIe AffIdavit becomes Incorrect or Incomplete. NOTARIZATION PROVISION STATE OF ltORfOA ) COUNtYOF~ SWORN TO AND SUBSCRIBED before me lhis.3_ clay 0( ...Eeb . ~ 200 3 . ~ ~ BETlYLLERENAt' U9}V--t-' MY COMMI~StON # 00 0ll5ll01 N P La~ ElCPlRES.FobnIUy27.2006 P Name ry ,~- R--'_'_."'- Mycommlsslonexplres' Bem me, Ule undersigned authority, pecsonaly I{lPe3ledRAn Fprn~nnp heIshe .1IlClJ\Od lhis Mdavit lor the pucposes .uted ......il tnd lhat I Is we .nd lXlmld. , STATE OF R.OlllllA I ,COUNtY OF MWoIl.().ll)Ej - .... .... unde<signed 1Ulhldty. pel$OOdy I(lpealed . hoIsht tIIlClJ\Od... AIlida'IIlIor.... pu<poses _ lIe..il tnd Ihall Is we tnd lXlmld. lie Alflalll, ""'" be~ lir.;\ by me d.q IWIXII, did ........ or tlIim Ihal AFfW{T SWORN TO AND SIJ8SCRIB81 before me I1Is _ clay of 2001. Notary PIbIio Stale cl Aorida M.lalve Printed Name 0( Notary My oonvnlssIon expires: STATE OF R.ORIDA I COUNtY OF MlAMHlIIDE) Before me, the undelSigned tulhority. pelSO<1aily I(lpealed heIshe eJllCUledlhis Mdavit lor 1he puq>oses slated 1he..il tnd lhall Is we tnd lXlmld. lhe M",,~ ""'" be~ first by me duly IWIXII, crill ........ or .ffirm lhal AFFWIT SWORN TO AND SUBSCRlllED before me lhis _ clayof 2001, Notary Nlic Sta18 of Aorida M.lalve Printed Name of Notary My_..llssIorIe~ STATEOFR.OlllllA I COUNlY OF MWoIl.().ll)Ej _ me, I1e \I\IIersloned 1Ulhldty, pec>onaIy tppeaIOCI hoIsht._... AIlida'IIlIor I1e pu<poses _ _ tnd Ihall Is we tnd lXlmld. 1he MIalIl, ""'" be~ lir.;\ by me duly IWIXII, did ........ or .If.., lhal AFfW{T SWORN TO AND SIJBSCI\Ill81 before me I1Is _ clay of 2001. . Notary _ Sta18 cl Aorida M.lalve Printed Name cl Notary My COlMIlssIorI explres: -. '\.......~ BUSINESS RELATIONSHIP AFRDAVlTt This AIfldavit is made pursuant to Section 31-71(b)(2)(u1 of Ihe City of Avenlura Land Development Code. The undersigned A1f1al11 hereby olSCloses lhat (marl< with 'x" applocable portions only) ~1. A1flal1t does not have a Business Relationship with any member of Ihe City Commission Q( atrf City Advisory Board to which Ihe application will be plesenled. A1flal1t hereby oosctoses 1hat _ does have a Business Relalionship with a member of the City Commission or a City Advisory Board 10 which Ihe appflcation will be presented, 1I3 follows: (List name of Commissioner or Advisory Boan:l MembeIj v.t\o serves on Ihe (Ust City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship Is as follows: ( I L Member 01 City ConvnIssIon or Board hokls an owner&hip i:1Ierest in PCeSS of 1 'to 01 ~ assets or capital stock of Applicant or Representative: I ] i, Member of CIty CorM1isslon Of Boatdls a par1net. CCHhareholder (as t:llhares 01 a ClIX'pClmion which are nollsted on any nalional or regional sIoc:k exchange) Or]olnt venIlxer with the Applicant or Representative n any busiless _ture; . ( I ii. The ApprIC3ll\ or Representative Is a Cient of a member of the City Commission or Board or a C&enl of another professional worl<ing /rom lhe same office or lor lI\e same employer as the member of Ihe City Commission or Board; [1 iv. A City Commissioner or Board member is a Cienl of lhe Applicant or Representative; (] v. The Applicant or Representative Is a Customer of lhe member 01 the City Commission or Boan:l (or 01 his or her employer) and transacts more 1han $10,000.00 a/the business of Ihe member of Ihe City Commission Of Board (or his or her employer) in a gi'/en calendar year. ember of the City CoomIssion or Board Is a Customer of the Applicant or Representative and more lhan $25,000.00 of the business 01 the Applicant or Representative n a given year, llllS~AYOF F~bruarv .200J [ ]2, ura) Q MYHANDllllS~ DAY OF February .2OO,} By: Name: llle: (Slgnalute) fPmIJ (PtfnIJ "7IIe lenns 'Business Re/aIionshlp,' UenI," "Customer." "ApprICal1L' "Represen/alNe" and "/nteresled Person' am defined i1 Se<:IIon 2-395 olllHJ AventCll'll ClIy Code. ~ WIlNESS MY HAND nlls _ DAY OF February 2()')g ~--~ By: (Signature Name: (Prinl) Name: 'P I) TItle: Archi teet fPool) Title: (Prinl) By: (Signature) By: (Signalure Name: (Prin/) Name: (Print) TIIla: (Prinl) TJt1e: (Prin/) By: (SIgnature) By: (SIgnature Name: (PrinI) Name: IPrinlJ 'TdIa: (PrinI) TIlle' (PrinI) By: ISIgnature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille' (Print) By: (Signature) By: (Signature Name' (Print) Name: (Print) l1lIe: IPrinl) TJt1e' (Prinl) By: (Sjgnature) By: (Signature Name: (print) Name: (PrinI} TIIla' fPrin!) Tille' (Print) NOTE: 1) Use dupl1cate sheets If disclosure Inlonnalion lor RepresentaUve varies 2) Appl1cants IIId AIIlants are advlsed to Umely supplement \his AlrlClavlt pursuant to See. 31-71(b)(2)(lvl of the CIly's Land Development RegulaUons In the CIty Code, In the event)hat prlor to cons,lderalion of the epp1lcalion by the CIty Board or Commission, !he Informalion plllvlded In the AIfldavlt becomes Incanecl or Incomplete. , 1I0T 1.RIZA 110N PROVISION &TAre Of f\.ll!lDA I COJflT'(Of~ . Ilolore 1M. '" ~ ~.1*"""1y ~George !otOuriz ... -... <oM behl W by ow doli( soom, (oj......, ac &!I'm IW M/SI>e ,1OIIGIloI<l..... ~ loc ...pupose. sLtled _ord 1\&1'1< M ord "",eel oIff\.Wf .,... TO ,1I!ii!!> <layal ~eb. .zosJ . 'COIV'llSSlO"\' CCll8S314 ~'_ j ~ HOV 03. 2003 ",. .-.....,..oH r:~ ".' /IlN1JI<<NJf. MOlAl'( . STAlEOf fU)llIllA I .couHTYOflolW&o.lllEl 8Ibt me. '" ..,11, ~wad &Uhxly,~ ~ .......-Md Ills ~ loc'" pcIIlOSOS &Ialod ......ilord I1all isM lid 0XI1d. ....1>JGad. """ be\1l;l W by 1M d<Jit ...... (oj ....., ac Illim IW AFfWIT liWOI'I'l TO NIl) SUllSClIl86J bdocc ow.... _do.yd: .~ If<lI;uyNllc&laleol_lJ.l.uge PiInlod Kamo ol KotIiy My "",\,1ssIoo upIter. STAle Of fl.OlW" I COUIIlY Of IIJ.IJ,(H),I[lE Ileloco 1M,.... ~&UlMc'ly,peaoaaAy_e<l M/SI>e .>OOlIe<l1lls 1.If.s..... Ix'" p__l1<1<itord IW'I<W. lid "",eel ....1.IfWll,. <oM behQ .... by 1M ~...... Cd ....... ac .- '" oIff\.Wf liWOI'I'lTO WD SUllSClIl86J bdocc ...1lIs_<layol 201~ KolayNllcSllll alAldda1l1.llQO l'ttIo4Kamo oIKolay Il'fClXllJlJ'n~ STAlEOffU)lllllA I OOUHtYOf~ _ ....... ..~1Od 1UhocI\', ~ oppwod ......-Md Ills Mida'<lloc'" pcIpOSO$ &Ialod _itlt<ll\lllls M 1t<I_ IwI>JGad.'IlIlollmQ Wily... ck!y-...4il_aclllimltw IoFfW<< SWORIlTO NIl) llUllS<iP.lBeo bdocc....... _day 01 .2005 . HolalyNllc_olFlol'd&lJ.lI<vo p__olKolay 1ly"",,~,.lssIQa.~ -~ BUSINESS RELATIONSHIP AFADAVIT* This foJfldaw is made pursuant 10 Section 31-71 (b)(2WQ ot 1I1e City of Aventura Land Development Code. The undersigned AffIant hereby lflSCloses that (mart< v.i1h "x" applICable portions only) ~1. [ 12. foJflallt does not have a Business Relationship with any member ollhe City Convnission or atrf City Advisory Board \0 M1Ich the applicalion win be presented. Alllallt hereby discloses 1I1at K does have a Business Relationship with a member of the City Commission or a City Advisofy Board to which the applICation will be presenled, as follows: (List name of Commissioner or NMsory Board Member) v.tlo serves on Ihe (list City Convnission Of City Advisory Board upon which member 5efVeS). The nature 01 the Business Rela~ Is as IolIows: (] L Member 01 Clly ConvnIssIon Of Boanl holds an ownership illerest in excess 011 % of fD1aI assets or capiIaI stock 01 Applicant or Represenlalive: ( I i. Llembar 01 Clly ColNnissIon (l( Boanlls a pamer. co-Ihareholder (as m ahares c( a corporal/on which are not Is1ed on any national or regional stock exchange) or jolnt venturer wlIh the ApplicaI( or Representative iI any busi1ess venture; . [ 1 ill. The ApprlCal\t or Representative is a Client of a member of the City CommlssIon or Board or a Client 01 another professklnal worI<ing /rom the same office Of lor the same employer as the member oIlhe City Convnission or Board; [I lv, A City Conunissioner or Board member is a Clienl of the Applicant Of Representative; [ I v. The Applicanlor Representative is a Cus10mer of the member ot the City Commission or Board (or ot his or her employer) and transacts more Ihan $10,000.00 of the business ollhe member of the City Commission (l( Boanl (or his or her employer) in a given calendar year; (] vi. The member ot the City Conunlssion or Boanlis a Cus10mer ot the Applicant or Representative and $25,000.00 ot the business of the AppIicanl or Representative il a given .200J Home 0 Merue 0 ure) Q MYHANDTIllS_DAYOF February .2003 By: Name: 1lIe: (Signatute) (/'rinQ (PIfnI) "TlIe lenns "Busiless ReIaIionsh{!," 'CIien/," "Customer," 'ApprICa/1~' "Representative" and 'Interested PeISOll" alll defined .n S<<:Iion NJ95 of 1M Aventura CIIy Code. JNESSMYHANOiHlS '2.:GOAYOF fl-~~~~g R A lIIlS Illllallonstlp AIl1davil) By: (S/Qn;lWro Name: (t'tinI) rlllG: (PrinI) BY. ~ (Signature Name: IPrint) Name: (Pm/) lk (Pdnt) liUe: (Pmt) By: (S1gnatumJ lly: ~ tIame: (PrtIt) Name: (PdnI) -1lIlr (PrfnIJ 'l1l1l: (PdnO By: tsir;nattue) By. (Signature Walllll: (Prill/) Nam<< fPdt1!J rille: fPdrlQ 11tfe: (Pdnt) By: (Signstllfll) By' ~ NaIne: (PrIn/) Name: (ptinI) TllkI: t'PdnIJ 1ile: (PtirV) By; ~ lly: (Si/Ila(In Nall18: (PdrlQ Name: IPItlIj lk (Prill) rille: (PmfJ HOlE: 11 Use dupllcale Wets II dlsclasate k1fOllllallon fGrAf\lm~ Aries 21 Appbnls W All"lWIare Idvlsed flIIlkuly IIlJlplemeot III" AllId.1lvlt purauant flII Sec.I1-11(bl(2Xh1 of lIli CIly'$lInd DtvelclPl\1&tt f\tgUlalIaa$lII"~ CIly CQCIe, In 1l\e eveIItJ\llI prlar III collSj(leQUon Cl'llle ap!lftcaGon by .... CIty IIoIJ'd or CcImnIrwm. Ill. IaCanllallon ~ In lite Aflldavlt becomM l1lccmct QI' kIoampll\L _. NOTAAlZAllOK PROVISION STAlEOf~ I (:O(,I(lYOf~ . Gem...."'.mel$iJnl<! ~.~~~ ~~ M1onI. oMbG~6r$tby,",d4i-..dIl_Q( &h 1'0\ """""""""'Ns~~"'''''_sIl\:4l11<tl.lllll''''llktvollll-- #lWn' lVroI1N TO /Ml5UesClllllED bolXt lI'III U, 1J2..1la'(a! ~ md. ~<)Io'~ JUUAA.MURIU-O '.1' MY COMMISSION II 00076813 ~Ofl\.~ EXPIRES;DeccmberS,:KW 1..e:JO.3.NOTARY Fl.. Nowr SeMoI & 8oncIng, Inc . CTAlEOfRJ:llllO,l, I A:CIUl/lYOF~ ..... ..... tJri~.ISi.QnOIf ~. P<<SQCIdt..- M/ft.-ao!" Nilt'A1x11t MJQ$IOd:Ib:l....W Mils... 11II-. ... MiIlC..... ~ h fly IllI ~ -. tllI_ ar_1'O\ IEPoH<< SY<<l!lNTO_SU8SCllIBelJbclon!...l\Io_floI'ol .N!,a IIIlfIly~S1aIIC!~N.W;o l'MI1>> tMo aCNollly Ilr....~~ - .... "AlEOfFlCllltOt'. I coomrOF~ B<<Ionl....... ~ 1llIIloIt1. pecoonaIy -'" Iho I.t1i$lIl, "'" bc\'cl Jco( by 1M d4i....... till...... or.am I\aJ _''*'''''''tlsM''''''''lorl1t~.-.s~ll'oIlllatl''MIlII_ IRWlT _TOHClQl8SCl\lBeDWactllMtk_oI&yo{ .m! .' l"*'Y1'Illio_OIlfb\:ll,lJ..... PItIIIlcI-CIlllllur ur-.,t .., STAlElll'fUllllllI. I ClOOO'YOf~ kblIn.11& 1nIc11lilno41ldhocttt.,.........1IIPOIII'I __tis N\CIa\t"'I1t(llllllOleS IIalo<l ",,"ktlNl'b(11o. 1I'<l0lllld. 11t~"""~l<'<Iby"'dl4'_tllI_ar_fIOI _TON<f> 1I'lllll<:MleD"""'......._Rtal I.RW{t tlIQ3 HdiIly""""'1Ill afAodikN.~ ~"-olKolo<1 lit/ll"k.u..~ g,.. D.... '\:"l>...~ A..-PLlCANT REPRESENT A nVE AFh...A VIT Pursuant 10 Section 31-71 (b)(2)(i) of the City of Avenlura Land Development Code, this AppllCalll Representalive Affidavit Is hereby made and submitted. The undersigned authorized representative of the ilcfMdual or entity applying lor the Developrnent Permit, v.f1ich is klentilied ilthe accompanyilg applICation. and the owner of the property subject 10 the application Cd lftfferenQ hereby isls end i:lentifleS an persons representing the i1<fMdual or entity applying lor the Developmenl Permn i1 connection with the application, as follows: Name Relationship p... All",",,}$, Aithifeds, I..Indscape Aithifecu. EngineelS, ~ EIc.} JEFFREY BERCOW ATTORNEY (Altach Additional Sheets If Necessary) NOl1CE: ANY STATEMENT OR REPRESENTAllON LlADE BY AIr( PERSON USTED ON THE APPUCANT REPRESENTAlIVE AffiDAVIT SHAU. BE BINDING UPON TIlE INDIVIDUAL OR EN11TY APPLYING FOR THE DEVELOPMENT PERMIT AND TIlE OWNER QF THE SUBJECT PROPERTY. APPUCANTS AND AFRANTS ARE ADVISED TO llMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31.71(BK2)(lV} OF THE CITY'S LAND DEVELOPMENT REGULAllONS IN THE CITY CODE, IN THE EVENt THAT PRIOR TO CONSIDERAllON OF THE APPUCAllON BY THE CITY BOARD OR COMMISSION, THE INFORMAllON PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. Name: MARCH .2IlOt:2002 OWNEfl By: 'RIe: ~:200 S. BISCAYNE BLVD. SUITE 850, MIAMI, FL 33131 l1tIe. . hXkess: 5101 COLLINS AVENUE MIAMI BEACH, FL 33140 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Belore ine the undersigned authorily personally appeared ~EFFREY BERCO App!lCallt and/or the owner ol the property SIiljectlo the application. who beilg first by me executed this Affidavit lor the pwposes stated therein end thallt Is IlUe and correct. SWORN TO AND SUBSCRIBED BEFORE ME this 1 ~y olMARCH (Q) USAC.1lIlOOICS . ,1/1( "OWISSlON I CC 856829 . -~~~ Notary Public State of florida M large Printed Nameol Notary LISA C BROOKS My commission expires: -. ,~.,~ BUSINESS RELATIONSHIP AFADAVrr* This Nfidaw is made pursuant 10 Section 3f-71 (b)(2)[ul of Itle City of Aventura Land Development Code. The undelSigned Nflarlt hereby olScloses !hat (marK wi1h 'x" applicable portions only) ~1. Nflallt does nol have a Business Relalionship with any member of the City Convnission or MlY City Advisory Board to Which Itle appUcatlon will be presented. Nflallt hereby dlscIoses !hat k does have a Business Relationship wi1h a member of the City Commission or a City Advisory Board to which the applICation wilt be presented, as follows: (List name of Convnissioner or Advisory Board Member) v.ilo serves on Itle (Ust City Convnission or City Advisory Board upon which member ( J2, serves). The nature of the Business Relationship Is as Iol1ows: [) L IIi. [)ilL (Iiv, II v. [)vL Member 01 CIty Commission or Boalll holds an owne<>h" inte<est in excess 011 % oIlotal assets or capilal stock 01 Applicant or Representative: Member 01 CIty CommissIon or Boalll is a partner, c:o-shareholder (as to shales 01 a corporation which are not Isled on any nallonal or regional stock exchange) or joint wnIUrer wtlh the Applicant or Representative in any business venture; . The ApplICall\ or Representative is a Client of a member of Itle CIty CommIssion or Boalll or a Client of another professlonat WOI\<ing trom the same office or lor the same employer as the member ol the City Commission or Board; A City Convnissioner or Board member is a C6ent of the Applicant or Representative; The AppllCa/llor Representative is a CusIDmer of the member olthe City Commi:;sion or Boalll (or of his Of her employer) MId transacts more than $10,000.00 of the business at the member of the City Commission or Board (or his or her employer) in a given calendar year, The member 01 the City CommIssion or Boalllls a Customer ollhe Applicant or Representative and tronsacts more 1han $25,000.00 01 the business of the ApplICant or Representative In a given Y OF Foibruary .200J ~{? (~ By. ~: Home 0 Meruelo Tille: By: Name: llGe: ....) Q MYHANOllilS~D^YOF February .2IlOJ (Signatute) (Print) (prlnQ "1lIe /ellll$ 'Business ReIaJJonsh/p," "Cient' "Customer," 'Appflcant' 'f/epresenlalive" IIId "Interested PelSon' alll defined In Section 2-395 of Ihe Al'llrItura CIty Code. ~ ~~2002 By: By: (Signature Nam Name: (Print) TItle: ATTORNEY (Print) Trtle: (Print) By: (Signa/ure) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Name: (prinQ Name: (Print) Tille: (PrinQ Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Prinl) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (PrinQ Tille: (Print) Tille: (Prinl) NOTE: 1) Use duplicate sheets If disclosure Inlormatlon lor Representative varles 2) Applicants and Alfiants are advised to timely supplement this Affidavit pursuant to Sec. 31.71(b){2)(1v) 01 the CIty's Land Developmenl Regulations In the CIty Code, In the event that prior to consideration 01 the application by the CIty Board or Commission, the Inlonnatlon provlded In the Affidavlt becomes lncorrecl or Incomplete. NOTARIZATION PROVISION STATe Of R.ORIOA I COUlfTY Of MIJJ.II-OADE) Be""" me. Il1e unde""ned aulhority. p'oonalr appeared JEFFREY Bm helshe aJ.eOJled 11~ Affidavit 10< Il1e putpOS<ls slated l1e..in arid I1eII ~ InJe and cooed. SWORN TO ANO SUBSCRIBEO belo<e me 11~....1.9. day ol MI\RC'H ....;.':A~:'H...... USA C. BROOKS [.~. ~.\ MY COMMISSION' CC 856829 ~ ...... '/ EXPIRES:JIiy20,2003 Notary PubGc Sta of ". Bonded Thru NOCIry P\tlic lhSelWlQrs T.T~I\ C. RRfY)l{S Printed Name ol Notary Mya>nvnlsslon axpires: STATe Of R.ORIOA ) .COUII1Y Of MIAMHlAllE) Ilobno ..... I1e undef>igned 1Ulhority, p'oonalr appeared hoIshe aJllCU\ed Ills Mldavit lor... puq>oses slated t>e..in and flail ~ InJe and CO<Te<:t. Itle Aff...~ who being filst by me dliy lV<<X1l, cfld swear or affll11\ that AFAmT SWORN TO AND SUBSCRIBEO be""" ....Ihis_dayol 2001. Nolaly PtbUc Stale ol Florida 1J.l.arQe Printed Name 01 Nolaly My a>nvnIsslon expires: STATe Of Fl.ORIOA I COUII1Y Of MIAMHlAllE) Be""" me. Itle urlderslgned authority, p'oona'y appeared heMe axeal1edlhis Affidavit 10< Il1e pUlpOSElS slated Itlereln and that I ~ InJe and CO<Te<:t. lie Aff..n~ who being first by me duly smm, cfld swear or affll11\ thai AFFIANT SWORN TO AND SUBSCRIBED be""" ....Ihis _ day ol 2001. Notuy PtbIc Stale of Florida 1J.l.arQe Prinled Name of Notary My oornmlssloh ollplres: STATe Of R..ORIOA I COUII1Y Of MW.I1.{)AlJE) Be"'" ....,t>e lI'lde""ned 1Ulhority, personaly appealed heMe al<llCXl\ed Ills Mldavit lor Itle PUIpOSlls slated t>e..1n and that I ~ InJe and CO<Te<:t. Il1e Aff..... who being filst by me duly lV<<X1l, cfld swear or affll11\ that AFFIANT SWORN TO AND SUBSCRIBED be"'" me Ihis _ day of 2001. . Notary PWlic Stale of F10rida 1J.l.arQe Printed Name of Notary My CO<M1IssIon ollplres: m x (ii" .-+ S' co ~ (l) ::J .-+ C ..., OJ N o ::J S' CO s:: OJ "0 I , I III" 'III n'lIIllI WPllillll!!n" ;!i!II~II!1 !!!!II '!!:II!!II~ll!!!!! I' 1 '1IIll!!!! III!! 11:\ .u I lIIill" II II!I!~ II .~ I , I "tJ ..., o "0 o en (l) c. :::0 (l) N o ::J S' CO "tJ a "0 (l) ;::!. '< 1113 :::0 ~ ~ g CD _. ::J ::J r+ COC ~ ..-.. Q) ~r I Q) ;U::J m9: N::J I CO Ow VJ ---- m x (ii' ~ ::J lC r Dl ::J a. C en (l) - - <, ,J:J. ,..,."'O~ -'.. ._"" I::+o:=s. 't> < ..~c _ I 12.IIl)>oiil !.. >R-~b I ~On ~ c-c l'lI a. ag ~:;;: s:?Vl'<'II ~~ 0 ~g5.~ ~n> <=-0 ~ ~ a;. R- ~ g , w w ~ '"0 a "0 o en (l) a. r Dl ::J a. C en (l) <;)<;1 r _\, /j 'f j .....--:::J-~__~__._ ;_ I ."..,,; 0,... !l: - c 3 - ~ a. (J) c: .2: (l) U '"0 a "0 (l) ;::t. '< en 3 Q) - - en o ~~ )>CD 3 a CD ~ :::J Q) c.r 3 Q) CD :::J :::J C. ro+ -. ,,-.:::J aCC .....Ji..cn I () ~ I a w "-'" ; ~~~ .>g i~~ :i',/J I\" ., . , .\ ',' , .:t, J.~.1i l - ~,.. . \,.' '.' 'A ~,,,":,' v' ~ o ~ 111 ~ ~ " MOURIZ .~~ . SITE PLAN 1ST LEva SCALe )"-40' ("') => = c.. => a -. = -. = a t::i .., -. -< t'D ~ ~ '< fI.l ., . ., I~S: .>g ~~ilO ~ilON :Z"ll o a ::\."Cl ='0 =[; ::1. Q, < ~ ~ N. E. 28'" COLQT _~,~,~;~--" ~A_' ;:,;-1;:1; ':~"~)~;'~(",)> :7:',;'",~~~~~;~~~r:4k~~'RI~ Perimeter Setbacks Exceed Code Minimu ~ ~ Perimeter Townhouse Setback " MOURIZ t~~.~B I ., I ~ i ~ i i I l tJ g,6 MERCO GROUP AT A VENTURA - ROAD CLOSURE EXHIBIT I'~-- EXHIBIT FOR ROAD CLOSURE FORD, ARMENTEROS & MANUCY, INC. __ EXHIBIT ~ 1950 N.W, 94th AVENUE, 2nd FLOOR -- MERCO GROUP AT AVENTURA MIAMI, FLORIDA 33172 _n R.RODRIGUEZ Mill AUGUST 27, 2003 - .. PH. (305) 477-6472 1 u'U __n IClIIl l' = 100' FAX (305) 470-2805 _n -.. 02-170-5805 .1 ... CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, IC City Manager BY: Joanne Carr, AICP'\ lA' Planning Director ~ TO: City Commission DATE: August 21,2003 SUBJECT: Request of MelCO Group at Aventura Landings I, II and III, Inc. fOI Abandonment of Public Right-of-Way. (02-AR-03) September 2, 2003 City Commission Meeting Agenda Item !lit RECOMMENDATION It is recommended that the City Commission approve the lequest fOI abandonment of the public light-of-way of NE 28 Court lying south of NE 185 Street, upon the following conditions: 1. That, within sixty (60) days of the date of this approval, the applicant shall dedicate to the City, in form satisfactory to the City Attorney, a 70.00 foot wide palcel of land running east from the westerly limit of its landholdings to the easterly limit to provide for the extension of Miami Gardens Dlive through the site. 2. That the applicant shall construct, at its sole expense, the road extension of Miami Galdens Dlive from NE 28 Court to the westerly limit of the site in accordance with approved design drawings. Road construction shall be completed, certified and accepted by all agencies having jurisdiction plior to issuance of any certificate of occupancy for the applicant's proposed residential development. 3. That, within sixty (60) days of the date of this approval, the applicant shall convey any necessary easements to utility providers along the vacated roadway, including an easement to Miami-Dade County Water and Sewer Department for the existing lift station at the southerly limit of the abandoned light of way. The City Manager may extend the time limit to provide easements upon showing of good cause by the applicant. 4. That the applicant shall provide, as ploffered, a bond in fOlm satisfactory to the City Manager and City Attorney and in an amount up to $20,000.00 to conduct an engineering study and construct, if feasible, a new median cut on NE 185 Street to serve the Admiral's Port development. THE REQUEST The applicant is requesting abandonment of that portion of the 70 foot wide right of way of NE 28 Court running south of NE 185 Street approximately 450 feet to its southerly termination in order to facilitate a proposed residential development of its adjacent properties. (See Exhibit #1 fOI Lettel of Intent) BACKGROUND APPLICANT Ben Fernandez fOI Melco Group at Aventura Landings I, II and III, Inc. OWNER OF PROPERTY City of Aventura LOCATION OF PROPERTY The portion of the 70 foot wide right of way of NE 28 Court lying south of NE 185 Street (See Sketch and Legal Description attached as Exhibit #2). SIZE OF PROPERTY Approximately 31,496.41 square feet (0.72 acres). LEGAL DESCRIPTION That portion of a 70.00 feet wide right of way for NE 28 Court as desclibed in Official Records Book 6068, at Page 160 of the Public Records of Miami-Dade County, Florida, lying south of the North Line of the East Yo of the Southwest Yo of the Southeast Yo of the Southwest Yo of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida, more particularly described in the Sketch and Legal Description attached as Exhibit #2) SURROUNDING PROPERTIES Zoning - Subject Property North East Public Right of Way Public Right of Way B2 (Community Business District) 2 South West Existing land Use - Subject Property: Property to the North: Property to the South: Property to the East: Ploperty to the West: RMF4 (Multi Family High Density Residential Distlict) B2 (Community Business District) Public Right of Way Public Right of Way Residential Vacant Land Commercial Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are cUllently 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 Medium High Density Residential Business and Office Business and Office The Project - The abandonment request was brought forth in connection with a request from the petitionel fOI site plan approval of a residential development on its adjacent landholdings, which ale comprised of 8.37 acres cUllently bisected by the NE 28 Court right of way. The abandonment is requested to develop the property as proposed. BACKGROUND The development site is complised of three tracts of land in the same ownership, divided by the NE 28 Court road allowance. Tlacts A and B lie to the west of the road and Tlact C lies to the east. Tlacts A and B fOlmerly 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 cUllently under remediation by the owner. Approval from DERM Pollution Remediation Section is required prior to commencement of any site or construction work. The three tracts are cUlrently 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 fOI lesidential 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 lezoning to permit residential use, this vacation of a portion of the NE 28 Court right of way, variances to site development standards, a declaration of restrictions in lieu of 3 unity of title to limit density to 45 dwelling units per acre and a development agreement relating to the design and construction of the extension of Miami Gardens Drive through the site. Sixty two (62) 3-story townhomes and one hundled and thirty eight (138) 13- story loft style condominium apartments ale planned on the parcel that will lie to the south of the extension road. Two hundred and five (205) units in a condominium building ranging from 13 to 18 stories are planned for the north parcel. The filSt leading of an amendment to the future land use from Business and Office to Medium High Density Residential and the first reading of a rezoning from B2 to RMF4 (Multi-Family High Density Residential) District wele approved by the City Commission at its meeting of July 1, 2003. Second reading is scheduled to be considered by the City Commission on September 2, 2003. The applicant will be required to dedicate land to the City for road purposes and to construct, at its expense, the extension of Miami Gardens Drive from NE 28 Court to the westerly limit of the site, in accordance with the terms of the Development Agreement submitted with the application for rezoning. The abandonment of right of way, if approved, is conditioned upon dedication of that land within 60 days of the date of approval of the road abandonment lesolution. The resolution abandoning the light- of-way, if approved, will be effective upon acceptance by the City of the dedication parcel for the extension of Miami Gardens Drive. ANALYSIS Before a right-of-way, or any portion of right-of-way, is abandoned by a public agency, all public intelest in it must filSt be extinguished. Public intelest can include, but is not limited to, maintaining an appropriate traffic circulation system, maintaining adequate landscaping, and ensuring that utility and access easements remain available if needed. Roadway level of Service - Because the existing right-of-way of NE 28 Court forms a dead-end approximately 450 feet south of NE 185 Street, the potential transportation benefit of the property is negligible. Thus, the abandonment will have no impact on future transportation levels of service. The dedication and construction of the extension of Miami Galdens Drive by the applicant will improve traffic flow in the City. Utility Easements - The existing light-of-way of NE 28 Court now contains a Miami- Dade Water & Sewer Department lift station at its southelly limit, Flolida Power & Light wires and manholes and a sewermain and manholes. No existing easements are levealed by the Boundary Survey 01 Opinion of Title. The applicant will be required to provide any necessary easement to Miami-Dade County Water and Sewel Department for the lift station, will be lesponsible to incolporate the existing sewer main into its development or arrange for abandonment and will further be responsible to remove existing overhead wires within the right of way and convey any further easements to utility providels as necessary. 4 Access Easement - There is a portion at the southerly limit of this right-of-way that abuts the Admiral's Port condominium parcel. Once abandoned, one-half of the right- of-way adjacent to the Admiral's Port property will become part of Admilal's Port landholding. Thele is no past or present use of the right-of-way for vehiculal 01 pedestrian access by Admiral's Port. The current access for Admiral's Port condominium is by way of NE 183 Street. The applicant has advised staff that during its discussion with Admiral's Port Condominium Board, the Board did express an interest in having an access onto NE 185 Stleet to supplement its present access on NE 183 Stleet. The Admiral's Port palking area abuts both the right of way to be closed and NE 185 Street. (See aerial photograph attached as Exhibit #3) Rather than opening a driveway onto NE 28 Court, the applicant suggested to Admiral's Port that the existing curb cut on NE 185 Street would provide the additional access they desire; however, plesently, this dliveway would allow only light-in, right-out turns due to median location. The applicant has thelefole offered to provide a bond to the City in the amount of $20,000 to pay the cost of a new median opening on NE 185 Street to permit left hand turns in and out of Admiral's Port onto NE 185 Street. An engineering study is required to determine if this median cut is feasible. The abandonment lesolution has been conditioned upon provision of the bond by the applicant. Landscaping - The right-of-way parcel contains no landscaping and is cUllently unused. The abandoned roadway is proposed to be incorporated into the residential development as a plivate dlive and will be landscaped in accordance with the City Code. There is one additional issue concerning the abandonment of this road allowance. A private party (Gary Cohen) has advised the applicant that he claims an ownership interest in a portion of the land subject of the proposed light of way abandonment. The applicant's attorney is investigating this claim. The lesolution specifically states that the abandonment should not be construed to impair any private rights or interests, if any. 5 ~ BERCOW &. RADE.LL ZOH....a. .......NO vali ....ND .....VI..ONM.::..T.....t.. ",^W DIRECT UNE: (305) 377-6220 E-Mail: lberc:ow@lBRZonlngLaw.c:om VIA HAND DELIVERY April 24. 2003 Ms. Joanne Carr, Director Community Development Department Oty of Aventura 19200 West Country aub Drive Aventura. FL33180 EXHIBIT #1 02-AR-03 Re: Ayentura Landinl!:5 (0l-5P..()3) Dear Ms. Carr: ThIs law firm represents MERCO Group at Aventura Landings I, 11, III, Inc. r Applicant1 with respect to the property identified in the survey included in 0\l1' Mard\ 14, 2003 letter of intent lIS Exhibit A rthe Properlyj. ThIs letter constitutes a second amende4 and supplementa1letter of intent requesting an amendment of the Oty's Comprehensive Plan land use designation of the Property from Business a,nd 'Office to Medium High Density Residentia1. a . rezoning of the Multi-Family High Density Residential District (RMF4), a vacation of a portion of NE 28lh Court. approval of a proposed OIapter 163 Development Agreement,. lIl\d assodated variances (conectively, the - Application-), in order to develop a mix of residential uses on the Property in llCCOI'dance with . site plan that has been submitted to your offices, This letter supersedes our March 14, 2003 letter of Intent. The Proiect. As indic:ated by the survey end.osed lIS Exhibit A to . our March 14, 2003 letter of intent. the Property is 8.73 acres In size lll\d is located Ilt the intersedion of NE 28lh Court and NE 185. Street. The Applicant's architects have submitted a revised site plan dated April 23, 2003 to your offi~ under separate cover. ~A'Wk:MA.CIiiNlSR. em 8OU'n4 ~~. 8UITE alllJ.......... ft.OIW)A.,_1 PHONe. aos.CJAOO . PM. 00$.W7.ezzz Ms, Joanne Carr April 24, 2003 Page 2 The Property consists of three separa~ parcels: Tract A, north of future NE 185"' Street and west of NE 28lh Court; Tract B, located south of future NE 185'" Street and west of existing NE 28lhCourt; and Tract C, located on the south side of existing NE 185'" Street and the east side of existing NE 28"' 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 sae 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 185do Street:, and a mid.rise. contemporary style tower that is compatible wi~ the rhythm lI1ld fabric of other sIm1lady stud structures In the Imm~te vicinity and II1roughout the Oty of Aventura. The roof of the parking stn1ctute 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 cellings 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 inunediate1y 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 28'" Court. . The AppUcant will proffer a Declaration of Restrictions in Ueu of Unity of TItle that Wi11 ensure that the Property is considered. OM parcel for zoning purpo5C3 and. that li,mits the density of the Pr<o~l, to (6 dwelling units to the acre. A copy of this proffered Ded.aratioa. is enclosed with this letter. The AppUcant will provide to staff and the City Attome,y'B offk.e a fully executed Declaration with all apprOpriate joindeIS prior to second reading of the cmiinances adopting and. approving theJand use amendment: and rezoning. Variances. Th.e Applicant Is requesting the foUowlrIg variances from the Oty of Avenlura Land Development Regulations. 1. Townhome Setbacks, A variance is requested in order to allow the proposed townhomes to have varying setbaclcs. TI1e ftont fetback for most of the townhomes will be approximately 21'6", however, Lot 2S will have a 19'9n front setback. A miniml1ln 25 foot front setback and 2S foot rear setback is BaRCOV/& RADELL ...-...-....._. . _4~ Ms, Joanne Dn April 24, 2003 Page ~ required under Section 31-143 of the Aventura Code for townho~. 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 2D 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. 1he purpose of the shadow study is to prevent shadowing adjacent residential properties. Since the property to the .north of Tract A is 8 c:ommercial use (shopping center), there is no need to provide a shadow study for Applicant.'s proposed project. (1'he 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~ of the Site Plan), . 3. Drivewav Separation. Applicant is requesting a variance of Section 31-172(c) of the Qty Code relating to the minimum distance between driveways, This variance is required for Tract A. and is Justified due to the i.m!gular s~pe of the parcel that will be created after Applicant.'s dedication and construction Of NE 185th Street. As II result of the Irregular sm: of this parcel, it is physically impossible to incorporate the necessary driveways in this site with the code-inandated 150 foot separations. This condition Is further exacerbated by (8) the proximity of the existing driveway for the shopping center to the north. which is located within 2S feet of Tract A, and (b) the proposed eastern driveway for the Embassy Suites Hotel located immediately to the west. The proposed easlemmost Embassy Suites clrivev.;ay will be located approximately 95 feet from Applicant.' s proposed. condominium garage drivewa.y. 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 requiI:ed 150 foot landseape frontage separation between driveways. In order to mitigate conceUls raised by City staff. the porte cochere on NE 28<<' Court will be limited to in use to the residents of the 26 units in the eastemJnost portion of the buDding located on Tract A. as well as their guests and other visitors. App\icant has asked its transportation engineer, Transport Analysis Professionals, to review the proposed driveway spacing for the Aventura BERCOW &. RADEu.. .........~.,..--. -..- Ms.loanne Carr 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 Si:te. The minimum lot size for townhouses being developed pursuant to the RMF3A zoning regulations, as permitted by the RMF4 :toning 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 on~uarter of the total number of townhomes, will require a variance of the minimum lot siu, However, if these townhomes were to be developed Wlder the RMF31l 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 aD 62 townhome lots is 2,221.85 feet ~ Table on Sheet SP-ta of Site Plan). lliis variance is necessary in order to provide Iuxury-style townbomes, instead of another high-rise tower, in a visually pleasing urban environment. 5. Garalre Side Setback :.. Tract C. The ~wn 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 'J,'ract 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 1U'ea. The main building. by contrast is setback 110'8'" &om the east property line and 135 feet &om the front property line. ThIs setback variance is necessaty 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 aveement with FPL in order to relocate FPL's existing fence 20 feet to the east, a11d to provide enhanc:ed landscaping on the west 20 feet of the FPL property. As.a ~t Applicant will be creating . 30 foot wide Iandsc:a:pe buffer area on the ~lU}'=ty line lIeparating Tract C ~ the FPL ~lo}'=tl' with a ten foot &trip of landscaping being planted within Applicant's east side selback area and the remainder of the thirty foot buffer lU'Ca being planted on FPL's pIOperty. We believe such action substantial1y mitigates any impact of this setback variance. Hardshio. Section 31-16(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 :r.oning district. However, the Aventura Ba<<:ow& RADELl.. _~""""""I ..."""-...- Ms. Joanne Carr April 24, 2003 Page 5 Land Development Regulations do not address or anticipate Applicant's proposed new urbanism tradltiOllal neighborhood townhome design. In addition. the proposed extension of future NE 1851h 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'" Street (See' discussion below regarding the proposed Oulpter 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 vllriances 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 ResoUl.U5 Management as a contaminated site. When Applicant acqutred . the Property in November of 2000, Applicant immediately began working with DERM'15 Pollution Remediation Section to develop a plan to remediate the contamination on this site. Accordingly, the Applicant has spent over 18 months on envirorunental remediation which is required prior to commencing the development pJ0Ce5S. 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 remainlng 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 Prvp=tt, and together OOmbine to impose a partic:ular hardship upon the Applicant, if the requirements of the Oty's land development regulations wue to be literally applied. The ongoing envP:oNnenta! mnediation of tile Property, the Applicant's agreement to provide for the extension of Miami Gardens Prive (NE 1851' St.) within the FlopaLy and stage its project accordingly, the in'egular and somewhat awkward pan:elization resulting from the dedication of NE 1851\> Street. as well as the unique design of the townliomes located on Tract B, all constitute significant and overwhelming obstacles to development of the Applicant's plan that collectively constitute a hardship. ChaDter 163 Develooment ~t. The planned future eastward extension of Miami Gardens Drive through the Property is identified in the Cty's Comprehensive Plan as a critically important future transportation improvement. In its discussions with the Oty adminlstration, Applicant has BERCOW&RADELL -~-- ~~ Ms. J oaMe 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, RedesifP\8.tion. lad of exposure to the Biscayne Boulevard commercial corridor makes a successful commercial development on the Propel:ly UI1likely. Accordingly, the Property's cunent: Business and Office designation is inappropriate. Approval of the Applkant'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. Furthetmore, 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 NB 18511\ Street to Blscayne Boulevard as identified by Map 2-5: City of Aventura Future Fundi011ll1. Qassification &: 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 1851\0 Street eictensiOn would create a new Hurricane evacuation route for residents as required by Map 2-7: City of Aventura Future HurriClllU! Evacuation Routes - 2015. Rezonin;. The Applicant is abo requesting a rezoning of the Property to RMF4 in order to allow the development of the proposed. mixed-use project at a d4!llSity not to exceed 46 dwelling units to the acre. The 'proposed rezoning Is consistent with the proposed MediU11\ High Density Residential land \llle designation and will be compatible with residential properties to the &OUth and east.that are zoned either RMF4 or RMF3. 'The Applicant will proffer a Covenant in Ueu 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~&~n==-II ...........--... _ l' "'. II . 1'IIloL.-.- Ms. Joanne Carr April 24, 2003 Page 7 Road Vacation. The Applicant is also reque:;ting that a portion of NE 28'" Court be vacated in order to develop in accordance with the proposed plaIl. The proposed closure will result in a public benefit as currently NE 2B'" Court does not provide traffic connections since it "dead endsN into the Property, and th~ Applicant will be providing the new right-of-way for the NE 18511\ 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 Co Miscellaneous. Applicant's transportation engineer, Transport Analysis Professionals, has submitted under separate cover a traffic study showing compliance with aU Oty requimnents. Prior to Oq.. Coaunission . hearing we will provide the required mailing labels for mailed notice to &urrounding property owners, We submitted as ExIu'bit 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 Intuest. Compliance with Otv 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 structtlIes are compatible with all proximate land uses, Factor$ su.c:h as noise. lighting, shadows, glate, vibration, odor, run- off, access, traffic, parking, heights, bulk, scale of architecture dements, landscaping. buffering and safety have all been addressed, all applicable. Policy 4.7. The Applicant win comply with all transit shelter :requirements, as neceGSl\J:Y, at the time of development. Policy 9.2 Coastal Manaeement Element. According to Information provided by the Community Deve1opll\ent Department. the average occupancy for each multi-family residential unit in Aventura Is 1.79 persons per unit For . each 111 peISOfIS. it takes an additional two minutes to evacuate. The comprehensive plan cap on evacuation is 12 hours and the Oty Is at apptOltimately 11.4 hours evacuation time. Based on the number of additional units provlded by the proposed development, the approval of the application will not generate impacts that would exceed the 12-hour maximum. BERCOW&RAD;:,u.. w..-........__. I lll"'~ Ms. Joanne Carr April 24. 2003 Page g Policv 1.7 Urban Desi~ 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 Oty's Land Development Regulations. The Applicant has previously submitted letters from the appropriate agencies indicating that there is cuaently 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 sumItIllIY, approval of the Application would not be detrimental to the pubUc: welfare or injurious to other properly since the proposed project will be compatible with the SU1TOI1nding area. For all of the foregoing reasons, we request your favorable review and recommendation with respect to the Application. oc: Mr. Homero Meruelo Mr. Jesus Velu Jorge Mouriz, AlA Ed Uorca, AlA . Omar Armenteros, PS.M. Manuel EchezaIreta. P.E.. Henry Fandrel. P.E. BEReOW' &. RAoaL. ---...-..._ ''I __ ~ BERCaW &. RADELL ZONING. LAND USE AND eNVIRONMI!NTAL LAW DIRECT UNE: (305) 377-6220 E-Mail: Jbercow@BRZoningLaw.com VIA FACSIMILE & HAND DELIVERY June 6, 2003 Ms, Joanne Carr, Director Community Development Department City of A ventura 19200 West Country Oub Drive Aventura. FL 33180 Re: Aventura Landings (Ol-SP-OO) Dear Ms. Carr: This law firm represents MERCO Group at Aventura Landings I, II, ill, 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 Olapter 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 Prqject. 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 outparcel. ~ FltWIOlAL. CI5INTEA . ROO eount 1IISQA.'WoE 1IOULEvARD. SUITE eso . M&AMC. A..OAIIDA. _181 PHONE. II05..T4.aaoo . fiIt.X. 805.aT7.8222 Ms. ]oalU1e 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 enviromnent. 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. y cc: Mr, Homero Meruelo Mr. Jesus Velez Jorge Mouriz, AIA Ed Uorca, AlA Omar Armenteros, P .s.M. Manuel Echezarreta, P.E, Henry Fandrei, P.E. BERCOW& RADELL _. L.ANO"'" _ .,~ I I ..AN......._ 3) 4) 5) ! 6) ~ ~ , ~ J ... 1; ~ ~ , Jl ...- 5 '" .j.. , Jl ... '" .0 ~ .~ ~ ~ ~ lil >- a N.E. 187th STREET TRACT "s" GILDA TRACT 1ST ADD. (130-49) GILDA TRACT TRACT "A" (117-12) f- 0: ::> o u .<: ro N MIAMI TRACT "A" A TLAS COMMERCIAL (108-6) GARDENS PROPOSED PARCEL 2 NOT SUSDIVIDED PRo 'PoScD w :;i NORTH EXTENSION TRACT "c" N.E. 185th STREET TRACT "s" <b' j',.:i"(:)"? ~<f:3Q. ~ .ff v' a "' TRACT "A" v'll' ~. PROPOSED PARCEL 1 NOT SUSDIVlDED PROPOSED PARCEL .3 NOT SUSDIVlOED EXHIBIT #2 02-AR-03 N.E. 183rd STREET LOCATION MAP NOT TO SCALE SURVEYOR'S NOTES: 1) -This is not 0 Boundary Survey, but only 0 GRAPHIC DEPICTION of the description shown hereon. 2) -Not valid without the signature and the original raised seal of 0 Florida Licensed Surveyor and Mapper. Additions or deletions to survey mops' or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. - There may be additional Restrictions not shown on this Sketch & Legal that may be found in the Public Records of this County, Examination of ABSTRACT OF TITLE will be mode to determine recorded instruments, if any affecting this property. -North arrow direction and Bearings shown hereon are based on an assumed value of S89'59'25"W, along the North Line of the S.W. 1/4. S.E. 1/4. S.W. 1/4 of Section 3-52-42. - The Sketch and Legal Description shown herein is based on the information provided by the Client. -No title research has been performed to determine if there ore any conflict existing or arising out of the creation of the easements, Right of Ways, Parcel Descriptions, or any other type of encumbrances that the herein described legal may be utilizes for. SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is 0 true and correct representation of the SKETCH AND LEGAL DESCRIPTION of the real property described hereon. I further certify that this sketch was prepared in accordance with the applicable provisions of Chapter 61G17-6, Florida Administrative Code. Ford, Armenteros & Manucy, Inc. L.B.6557 Date: SEPTEMBER 16, 2002. Revision 1: MARCH 3, 2003. (ADD MEETS AND BOUNDS LEGAL DESCRIPTION) /17,) '1"} B~~~~~~~P~~~~~~th~Fh~- Professional Surveyor and Mapper State of Florida, Registration No. 5936 ROAD CLOSURE FOR PORTION OF THE N.E. 28th COURT MERCO GROUP AT A VENTURA TYPE IY PROJECT: SKETCH AND LEGAL DESCRIPTION ~RD' ARMENTEROS & I.IANUGY,ING. SH[[fNAII[: LOCATION MAP AND NOTES 1950 N.W. 94th AVENUE, 2nd FLOOR """"'EOfOO MERCO GROUP AT AVENTURA .. MIAMI, FLORIDA 33172 ORA~ BY: JAER OATESEPTEMBER 16, 2002 SH[[l PH. (305) 477-6472 0"'. Of:C1<EO BY (}Y!~ SCALE AS SHOWN 1 FAX (305) 470-2805 CHf:CKEDBY: PRO-E:CT No: 02-170.1004 Of 3 SHEETS . LEGAL DESCRIPTION: That portian of a 70.00 feet wide Right-of-Way for N.E. 28th Court as described in Official Records Book 6068, at Page 160 of the Public Recards of Miami-Dade County. Florida, lying South of the North line of the East 1/2. of the Sauthwest 1/4. of the Southeast 1/4. of the Southwest 1/4. of Section 3, Township 52 South. Range 42 East, City of Aventura, Miami-Dade County. Florida. ALSO KNOWN AS: A portion of the East 1/2, of the Southwest 1/4, of the Southeast 1/4. of the Southwest 1/4 of Fractional Section 3. Township 52 South. Range 42 East. Miami-Dade County. Florida. being more particularly described as follows: Commence at the Northwest corner of the East 1/2. of the Southwest 1/4, of the Southeast 1/4. of the Southwest 1/4. of said Section 3; thence S89deg59min25secE. along the North line of the East 1/2, of the Southwest 1/4. of the Southeast 1/4. of the Southwest 1/4. of said Section 3. for a distance of 20.17 feet to its intersection with the West Right-of-Way line of Northeast 28th Court. as described in that certain Right-of-Way Deed to Miami-Dade County, filed on September 10th. 1968. in Official Records Book 6088. Page 160 af the Public Recards af Miami-Dade County. Florida. said point also being the POINT OF BEGINNING of the hereinafter described Parcel of Land; thence continue S89deg59min25secE, along the last described line, a distance of 70,00 feet to its intersection with East Right-of-Way line of said Northeast 28th Court; thence SOOdeg01 min45secW, along said East Right-of-way line of Northeast 28th Court, for 449.95 feet; thence N89deg59min25secW for 70.00 feet to its intersection with said West Right-of-way Line of Northeast 28th Court; thence NOOdeg01min45secE. along said West Right-of-way Line of Northeast 28th Court, far 449.95 feet to the POINT OF BEGINNING. Cantaining 31.496.41 Square Feet and/or 0.72 Acres mare or less. ~ . ~ R ., ~ ! ~ ti ;; ~ J ~ ...- 5.r J ~ ~ ~ 1 ~ i ~ [5 > c; ROAD CLOSURE FOR PORTION OF THE N,E. 28th COURT ~ORDI ARMENTEROS & MANUCY, INC. 1950 N.W. 94th AVENUE, 2nd FLOOR ... MIAMI, FLORIDA 33172 PH. (305) 477-6472 FAX (305) 470-2805 MERCO GROUP AT A VENTURA IW[ Of PRI).(Cl SKETCH AND LEGAL DESCRIPTION SlfiT N!lO[ LEGAL DESCRIPTION TO ACCOMPANY SKETCH _lREDfCR MERCO GROUP AT AVENTURA ""A" "JAER o<1['SEPTEMBER 16,2002 SHEET DlOt CHEQ((D BY, 50...... AS SHOWN 2 CHECKED BY p'Mer No 02-170-1004 OF 3 SHEETS . GRAPHIC SCALE , \ --- -- ----- ~ - ---- I 1 I " o 30 60 ~ 120 , LL 00(\/ , w~'<t O~N 5?=LQ -UJ(I') OWZ CO::C :J~O oo~~ , I- Z U I 35.00' I 35.00. OQw I ~g ztroo: :!i o I 0.. S89~S9'~S"E .- 70.00'{Col.) 8 I :!l I inch = 6D ft. NOT SUBDIVIDED PORTION OF THE S.W. 1/4 OF SECTION 3-52-42 ~ 8 185th ST. :!i N.E. - 589'59'25'[- - NORTH S890S9'2S"E 20.17' o o .n .... - - ~5g;26-;W ---f-- -1- N89'S5'2S"W I I P.O.C. NORTHwEST CORNER OF THE EAST 1/2. S,W. 1/4, S.L 1/4. S.W. 1/4 or SECTION 3-52-42 N .., , " .J, Z o i= ~ ~ o .., " Ow wvi z :::::i"<i ~~ O~ zvi ~ " N W Z W I ~ ~ o ,.. or <: ~ ..t 50' ::::- lDo.o ~ tn""": vi ~~ ~ 0", z., ~ :~ ~ ~~ ~ ~ci (I'l !~ ~ o .c I <> '" C; ~ u. o '<t ..... O~(\/ w~'<t o 'N 50010 -w' OI(I') col-z :Ju.o OOOi= bZ~ ZOoo i= a: o Q. ~ vi ..,' " w vi u. o ~ o~(\/ w~'<t o 'N 50010 -w I OI(I') COI-Z :Ju.o OOOi= I-zU OOw Z_OO I- a: o Q. h 'I .~ z~ z ~g :~ IE~ ~o 0.., ~:::- ~~ ~'" 0" ~:::- 3~ or ::> o u ~ " N '" j w IE ~o ~~ :~ 0", ~:g ~~ z"' ::>or g9- ~ o w z ::> ~ ~ 471 . f ~ .. R ~ 5!- ! , NM-5r54"( -1--- - -;- - - - - - - I ~ :Jj ~ f ~ 5~ l ~ PG. - Denotes Poge ~ Sq. F\. - Denotes Squore Feet .r :I: - Den~e~ m~e~~e=: _ _ _ _ _ _ .s. ~ Ii! :l! ~ ~ >- o LEGEND: P.D.C. - Denotes Point of Commencement P.O.B. - Denotes Point of Beginning P.O. T. - Denotes Point of Termination O.R.B. - Denotes Official Records Book ow (\/ WI "i Ol-u. 5u.O~ OO~cJ, g COZ.....Z g :JO'O ~ 00- ~- I- ,I- b~OO~ L ZQ. 00 1 SOUTH BOUNDARY OF THE EAST I 1/2. S.W, 1/4. $_E. 1/4, s~. 1/4 OF ~C~ON 3-52-~2Z _ _ _ _ _ ROAD CLOSURE FOR PORTION OF THE N.E. 28th COURT . 8 C N89'S9'2S"W 70.00' (Calc.) NOT SUBDIVIDED PORTION OF THE SW. 1/4 OF SECTION 3-52-42 MERCO GROUP AT A VENTURA nl'( or PRo.m SKETCH AND LEGAL DESCRIPTION SHEET''''' SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPAAroFat MERCO GROUP AT AVENTURA OR''''' BY, JAER o"'SEPTEMBER 16. 2002 Slim, ot<<;. OiECKED BY: SCALE' 111: 60' O1ECI<ED 8" "'MeT NO' 02-170-1004 ~ORDI ARMENTEROS & MANUCY, INC, 1950 NW. 94th AVENUE, 2nd FLOOR . MIAMI, FLORIDA 33172 PH. (305) 477-6472 FAX (305) 470-2805 3 or 3 SHEETS EXHIBIT #3 02-AR-03 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ABANDONING A 450 FOOT LONG SEGMENT OF NE 28 COURT LYING SOUTH OF NE 185 STREET, TOTALING 0.72 ACRES; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Applicant, Ben Fernandez fOl Merco Group at Aventula Landings I, II and III, Inc., through Application 02-AR-03, has requested abandonment of that portion of the right of way of NE 28 Court lying south of NE 185 Street, totaling 0.72 acres in size; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1, Application No. 02-AR-03 for abandonment of that portion of the 70.00 foot wide right of way of NE 28 Court as described in Official Records Book 6068 at Page 160 of the Public Records of Miami-Dade County, Florida, lying south of the north line of the East Yo of the Southwest Yo of the Southeast Yo of the Southwest Yo of Section 3, Township 52 South, Range 42 East, City of Aventula, Miami-Dade County, Florida, mOle particularly described in Exhibit "A" attached is hereby granted upon the following conditions: 1. That, within sixty (60) days of the date of this approval, the applicant shall dedicate to the City, in form satisfactory to the City Attorney, a 70.00 foot wide parcel of land running east from the westerly limit of its landholdings to the easterly limit to provide for the extension of Miami Gardens Drive through the site. 2. That the applicant shall construct, at its sole expense, the road extension of Miami Gardens Drive from NE 28 Court to the westerly limit of the site in accordance with approved design drawings. Road construction shall be completed, certified and accepted by all agencies having jurisdiction prior to issuance of any certificate of occupancy for the applicant's ploposed residential development. Resolution No. 2003- Page 2 3. That, within sixty (60) days of the date of this apploval, the applicant shall convey any necessary easements to utility providers along the vacated roadway, including an easement to Miami-Dade County Water and Sewer Department for the existing lift station at the southerly limit of the abandoned right of way. The City Manager may extend the time limit to provide easements upon showing of good cause by the applicant. 4. That the applicant shall provide, as proffered, a bond in form satisfactory to the City Manager and City Attorney and in an amount up to $20,000.00 to conduct an engineeling study and construct, if feasible, a new median cut on NE 185 Street to serve the Admiral's Port development. Section 2. The City Manager is authorized to indicate such approvals and conditions upon the lecolds of the City. Section 3, This Resolution shall be recorded in the Public Records of Miami- Dade County, Florida, with the petitionel to pay the costs thereof. Section 4. This Resolution shall become effective immediately upon the acceptance by the City of the dedication parcel fOl the extension of Miami Galdens Drive. Section 5, Nothing in this Resolution shall be construed to affect, impair 01 abandon any private right, title or interest, if any, in the lands which are the subject of the abandonment. The foregoing Resolution was offered by adoption. The motion was seconded by vote, the vote was as follows: , who moved its , and upon being put to a Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Robert Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Resolution No. 2003- Page 3 PASSED AND ADOPTED this 2nd day of September, 2003. Jeffrey M. Perlow, Mayor ATTEST: Teresa M. SOloka, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2003. Teresa M. Soroka, CMC City Clelk , LEGAL DESCRIPTION: That portion of a 70.00 feet wide Riqht-of-Woy for N.E. 28th Cou~t os described in OfflC.iol Records Book 6068. at P<Jge 160 of the Public Records of Miami-Dode County, Florida, l)fnQ South of the North tine of the Eost 1/2. of the Southwest 1/4. of the Southeast 1/4. of the Southwest 1/4, of Section 3, Township 52 South, Range 42 Eost, City of Aventuro. Uiomi-Dode County, Florida. ,.LSO KNO\\lOl ,.S: A portion of the East 1/2. of the Southwest 1/4. of the Southeast 1/4. of the Southwest 1/4 of Fractional Section 3. Township 52, Sooth, Ronljl8 42 East. Miami-Dade County. Florida, being more partICularly described os follows: , Commence ot the Northwest come.- of the East 1/2, of the Southwest 1/4. of the Southeast 1/4. of the Southwest 1/4. of said Section 3: thence S89deljl59min25secE. olon9 the North Line of the Eost , /2. of the Southwe.t 1/4. 0' the Southea.t 1/4. of the Southwest 1/4, of said section J. for a distonce of 20.17 feet to its intersecUon with the W.st Ri9ht-of-Woy Une of Northeast 28th Court. os described in that certoin RkJht-of-Woy Deed to Miami-Dade County. filed on September 10th. 1968, in Officiol Records Book 6088. Page 160 of the Public Records of ..;ami-Dade County. Florida. said point oIso bein9 the POINT OF' BEGINNING of the hereinafter described Porcel of Land: thence continue SS9d8C)59min25sec:E. olong the lost desc:ribec:l line. a distance of 70.00 feet to Its Intersection with Eost Right-o'-Way Une of soid Northeost 28th Court; thence SOOde901min4S..cW, 010n9 said East Right-or-way Line of Northeast 28th Court. rOf' 449.9~ feet; thence N89deg59mln25t1ecW 'or 70.00 feet to it. int"",""llon with soid West Right-at-wey Line of Nol"theost 28th Court: thence NOOd8CilOlmin45secE. along said West Right-or-way Une of Northeast 28th Court, for 449.95 'eet to the POINT OF 8EGlNNING. , Containing 31,496.41 Square reet and/or 0.72 Acres more or less. I ~ t . .1 . I l " Exhibit A to Resolution No. 2003- ROAD CLOSURE FOR PORTION OF THE N,E. 28th COURT . ~ORD'ARMENTERllS&MANUCY'INC' 1850 N.W. 84Il,.VENUE, 2nd FlOOR MIAIII, FLORIllA 33172 .. PH. (305}477-&\12 FAA(306)4~ MERCO GROUP AT AVENTURA SKETCH AND LEGAl DESCRIPTION ow - LEGAl. DESCRIPTlON TO ACCOMPANY SKETCH -g MERCO GROUP AT AVENTURA _1'1 JAER . EP'I'EII8ER16.2002 !!En _HOD ft SCIU: AS SHOWN CIIECIOtI': "'" 02-t70-1004 2 Of 3 "1!1 .' .'. " ~:~~ PLlCANT REPRESENTATIVE Al. .wAVIT Pursuant \0 Sectioo 31.71(b)(2)(i) 01 the City 0( AvenItn Lend Development Code, this Applicant RepresentaliYe Affidavit Is hereby made and submitted. The unde<slgned aulhorized representative 0( the lndividuaI Of entity 8pply\lg lor.... Development Permit, which Is ~lifted k1the accompanying application. end the owner 01 the property subject \0 the arPflC8lion Cd dillerenQ heceby isIs end i:lentifle5 all persons representing the i\dividuaI or entity applyilg lor the Development Permit i1 oonnedion with the application, as lolIows: Name Ben Fernandez, Esq. Mouriz/Salazar & Assoc. Relationship (i... AIIomej$, AtrMeds, L.IndscIpe AtrMeds, EngkIHts, Lobbt/sIs. El::.) Attornev Architects Manuel Echazaretta Engineer (AIladl MditionaI Sheets II NecessalYl NOTICE: AIr( STATEMENT OR REPRESENTAllON MADE BY AIr( PERSON USTEO Of( TIlE APPLICANT REPRESeKTAlIVE AfFIDAVIT SHAU. BE BINDING UPON 11iE lNllMDUAL OR EN11TY APPLYING FOR tHE DEVELOPMENT PERMIT AND tHE OWNER OF tHE SUBJECT PROPERTY. APPLICANtS AND AFAANTS ARE ADVISED TO llMEL Y SUPPLEMENT TIllS AffiDAVIT PURSUANT TO SEe. 31.71(B)(2l(lV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN TIlE CITY CODE, IN TIlE EVENT THAT PRIOR TO CONSIDERAllON OF TIlE APPUCAllON BY TIlE CITY BOARD OR COMMISSION, TIlE INFORMAllON PROVIDED IN THE AVIT BECOMES INCORRECT OR INCOMPLETE. By:---- Ben J~aez (FIW) 1Ik Att:.orn~y .2003 ~ 200 So Biscayn.. Rlvn_, II 850 Mi Ami, FT/ ~"1 "1 Mol.,"" UOD,..h. FT J":l1~ STATEOFA.ORIDA ) COUNTY OF MlAMI-DADE) Romero Meruelo & Belore me lie IIldecsIgned au\horily pecsonaIIy appeared Ben Fernandez as the auIhodzed representatiw 01 h ~ endIor the owner ollie property Uject \0 lie application, who beilg first by me duly swom, did swear or affll1l\ Ulal he/sh. executed this Affidavit lor lie purposes stated lhecei1 end Ulallls lrue end correct. ~ BEllY I I 1EllA. MY~1T II *_ DDOMIIf Ela'IRElI:F-..yI7. _ .-- ft.__.._... . SWORN TO AND SUBSCRIBED BEFORE ME Ills 3 Jiay ol....Ecl:!.. ~ 11 ,\JSINESS RELATIONSHIP AFFID~ . ... ThIs Mtclavil is made ptnuanl \0 Section 31-71(b)(2)(i) 01 the City of Avenlura Land Developmenl Code. The oodelSigned MlllI\t hereby discloseS that (marl< with 'r:- applicable portions only! bd 1. Alfllll\t does not have a Busi1ess Relationship with any member 01 the City Convnlsslon or any City Mk,ory Board to v.i1ich the applIcation w11l be presented. ( )2. Alfllll\t hereby discloses that ft does have a Busiless Relationship with a member of the City Commission or a City hlvisory Board \0 Mlich the application will be presenled, as loIIows: (Usl name 01 Convnlssloner or hlvisory Board Membe~ who serves on the (LIst City CommIssion or City AdvIsory Board upon which member serves). '. The nature 01 the Business Relationship Is as loUows: ()l ()t () ilL ()k ()v. N'Pl..lCNff PROPERTY OWNER: . By: Name: TIlle: Membec 01 City CommissIon or Board holds an ownership ilterest iI excess 011 % 01 total assets or capIlaI nlcJ( ol1.pplicant or Representali'Ie; Meamer 01 CiIy Commlsslon or Board Is a pamer, CIHlhaIehoIder (as ., &hares 01 a oocporation whlch 11I'8 not Isted on any nalionaI or regOOal stock exchange) or)oilt wntInc with the Applicant or Representative iI any busiIess venll.re; The Applicant or Representative Is a Client of a member ollhe City CommIssion or Board or a Client of another proless1onal worl<Ing lrom the same offICe or lor the same employer as the member oIlhe City Convnlsslon or Board; lIvi. A City CommIssioner or Board member is a Client of the Appilcant or Representative; The Applicant or Representative Is a Customer 01 the member ollhe City CommIssIon or Board (or 01 his or her employer) end Iransac\s more than $10.000.00 ollhe business 01 the member ol the City CommIssion or Board (or his or her employer) iI a gIven calendar year; The member 01 \he City CommIssIon or Board Is a Customer 01 \he Applicant or Representative end transacts more than $25,000.00 01 the business ol the Applicant or Representative iI a given. calendar year. DAYOF MARCH ~....2002 ,2001. (SIgnalure1 (PrInt) (PrIntJ . "The lemIS 'Business ReIallonshql: 'Cf6nl.. "Customer: .AppI'lCaIl~. 'Representative. and 'nleresled Person. 11I'8 defltl6d In SecIIon 2-395 of the Aventura CIIy Code. . r~u ~~ UJ U~.~~~ p... ,...- 4Jg.OAYOf February ~a on Business Relalblshlp AlrldavlQ lure} By: {Sigtlature Name: .I} Name: (Print) Tille: (PrWJ T~ (I'rinIJ By. ~J By. (S9JaIure Name' fPrirQ Name: II'mQ . TIk fPrinI} Tille: (Print) Br. ~} By: /S4InaUu ~ (Print) Name: (Print) . 'Ilk (Print) ~ (Print) By. fSIgna/uteJ By. (SIgnature Name: (print) Name: (PrinQ Tille: (pdnIJ Tille: (I'rinIJ By: /Spure) By: (Signature Name: (Print) Name: (Print) lJla: (Print) Tille: fPrinI} By: /SV1afure} By: ~ Name: IPIt1/l Name: (Print) 'Ilk IPIiIIJ 'Ilk (PIWJ N01C: t) Use dupllcate sheets If disclosure InlOC1llll1ocllor RepcesecdaUve nrie$ 2) App1lcanls IIICI AIllanls lie 8dvlsed to timely lIIppIelaenll1ls AllIdavlt pUllUlllt to See. at-71(b)(2)(lv) of thi aty'1 LIIIcIIleYelapment ReglDlIons In ~ CIty Code, In the went lbat pclor to COlISlderatlon 01 the applicallon by the CIty BoaId or CocmIIsslcln, the InlomaIIan pmIded In the AllIdavltbecames lnc:omctor Incomplete. '\\~:~; . ". "~~"if,. -. . ~}~~. ..~:~,-' .; "'-eb ~l U.;j U~;c:;::~p p.:> ~ - HOT AAIZA l10H PROVISION 5TATEOf~ I COUKl'tOf~ 8<"" ..., '" u<l<>OQlIOd ,""""", ~ owe....s HanerO MeI:Ue1G NGaN...oM Mrq Wily'" ut -. 411_ Of_1IOl t.e/lM ,1Il(Sl\Ol ""M;S.oiI.lo< l>ep<JlllC<OSsUled "'lObol'd lNtlls\vt ol'd__ " . f MY C()MMISSION' DO_7 El(PtIIES: _ 27. 2008 ,~HW A. NaWJS4MaII& 8OldnD." Feb. AffiNIT .Di~. ;C' , N.~ _NamlolHoWy Uy""",4ilssb\.~ . CTA'lEOf I\.OllIOA I m:A(f'(Of~ ......ew Ur11 ..liIlI....,.peISORIIt~ M/IhI.-.Il4 ..lStl6Itlo<.... pui\IOOO$ oIIlo4 ......ol'dUtls.... onl__ ...IIian..oM bei1g Wily... 'Iii -. da_ Of _ tal H'lVHT S'I<<llVI TO NIl 61IllSCl1lllED bcb'c mollls _okyol .~ lIoluyP1lliC61alo olAlMaN.~ PMledNamlollloC3iy IoIVOlC\~.Is~"~ 5TATEOFf\.OOIl.\ I COUKl'tOF~ eeIxe -. .... ~ 1IlIM<'ty, peaoaaIlV owe....s '*"" .1lOCUIe4111s MilI\'llo<lw...-.1laIed _loud I\1llls"" ol'd om<!. ...-.._1letliIIcstby...ut-.IIiI-0f_1>Il H'lVHT SWOllIITO #.HD S\lIISClVBED-' ...1IIs_okyd: .mSi "*,,NI1icSlall tll'\llM& I/.t.IlIl" "'ull...tl"*" iii .. ,...., ctATEOfI\lllWlA I COUKl'tOF WIAOHlEl ............. IIdl..liooll4~..-IIIV-- IoofsN tIlIQl\04l11s 1Stl6It"'...".... oIIlo4.......ud ut".... ol'dllOOllCl. "~_"*4w.lIr"""",-.(d_Of_" H'lVHT SWOllII TO NIl S\lIISClVBED -. ...1IIs_okyol .1llO5 . .-y_StIIId:_N.'- l'dl'M4_tl.-y iii I' .. ..... ,reo ~! U~ v~.~~r p..> 1t BUSINESS RELATIONSHIP AffiDAVIT" This AIfldavil is made plKSuanl \0 Sedian 31.71lbl(2)fll of toe City 01 Avenlln Land Development Code. The IIldefslgned A1f1al1\ hereby discloses lhat (mar\( wilh '7:' app[able pol1ions only) [ )2. A1f1an\ does Ill!! have a Business Relalionship wilh any member ollhe City Commission or artt City MiIsory .Board \0 wI1Ich Ihe applicaUon will be presenled. AlrIal1\ hereby disdoses 1ha\ . does have a BusIness Relalionsl1~ v.ich a member of the City Commission Of a City Mi.sory Board 10 whi:I1lhe application wit be presented, as follows: (\.IsI name 01 Com.nlssionec or MiIs<<y Board Membell 'At1o Setves on the (\.IsI City Commission or City Mvisory Board upon wl1lch member ~1. seM!S). . The nalUre 0I1le BusIness ~ Is as IolIows: ilL Menilerol CllyCom.tllssb\ or Boatd holds.. ~ heceslkl _ 01 t% oIloCalusels or capllalliloc:k 01 AcJpicart or ~.....llidiw: ilL' Membet 01 City Commlsslon or IloIRI II a pemer. ~ (as to __ 01 a 0ClqI0Id0n wI1Ich are ncllsled on any national or I8glonIIliIoc:k tlld1ange) or JI*1l ventlnrllllh lie AjlpIcart or Representative h any bumess wnIIn; . 11m. [)Iv, ()v, The AppIicanI or Replesenla6ve Is a CienI 01 a membel oIlI1e Cily Com.Rlsslon or Board or a Client 01 another plOIesslonaI WllII<klg \tom lI1e same oIflCe or \or the same ~ as Ihe member of lie Cily Commlssiln or IloanI: A Clly Convnlsstoner or Board member Is a Client 0I1he Applicant or Represen1alive; The AppIicanI or RepreseaIaliYe Is a CusIomer oIlhe member 01118 City CommIssIon Q( Board (Of of his or her ernpIoylorl andlransads more than $1?.?oo.00 of 118 business of Ihe member of Ihe City or Board (or his or her ~ h a given calendar year; 01 the City Commlssiln or Board Is a CusIomer of Ihe Applicalt or Represenlafive and more than $25.000.00 oIlhe busbess 0I1le ApplicaIt or I\epIesenIalive .. a gtven J'IC. ~Il#.YOF Fe:bruarv .7mJ ~ By: tlarne: l1le: UYHANDl1iIS ?-toOAYOF February '2IlOJ' OWNER: - .: ~) (Prill) /FlfnIJ "Jl1e letms 'Busi1ess ReIaI1ons/14J," "CIenl.' "CusIom<<," .~. 'Reptesentatiw' and "InIeteSIed Person. atll delined i1 Sac:I/Gn 2o/l95 oIlhe AI'lIIIIura ClyCode. WITNESS MY HAND THlS.....3- OAY OF Februarv. 200 3. -.sO<<A]i~~--- By: (Signature Br::"~ {Signarure} Name: (PtinQ Name' n no>.. (Print) Tille: Attnrno>y (Print) Tille: (Print) By: (Signature) By: (Signature Name: (PrinQ Name: (PrilItJ Tille: (PrinQ Tille: (prinQ By: (Signature) By: (Sigtlature Name: (Print) Name: (PrinQ TilIIl: (Print) Tille: (PrinQ By: (Signature) By: (Signature Name' (Print) Name: (Print) . Tille: (PrinQ Tille: (PrinQ By: (SIgnature) By: (Signature Name: (prinQ Name: (prinQ T~ (prinl) Tille: (prilItJ By: ~) By: (S4jnature Name: (Print) Name: (PrinQ TilIIl: (PItlIJ l1Ile: (PrlnQ NOTE: t) Use duplleate ,IIeets U cIIsclosuce Informatlon for RepcesentaUve nrtes 2) Appllclnts and Afflants are advised to Umety ,upplemen\ thls AffldaYlt pursuant to See. 31.7t(bK2){lv) of the Clty'5 Lend Development Regulations In the CIty Code, In the event lllat poor to consldmUon of liIe applleaUon by the CIty Board or Commission, liIe InformaUon provided In the AffldaYlt becomes Incorrect or Incomplete. NOtARIZATION PROVISION &TATE OF C\.ORIOA I OOUKIYllf~ ~ me. ... ~ 1llkxIy, pecoooaIy appwed heIsho.~ tis IJrda\'ltor... flUIpOSes silled Ilecel:I end IlIIIIs tile tnIlllOC1Wd. SWORN TO mo SUBSCRIBED beloce me tis.3_ day 0(...Eeb. . _ 200 3 . O BETTY LJ..ERENA loIYCOMMlSSlON # 00_ ElCPtRES: F*-Y 27. 200lI 1.-.....crNrt R......,ltl'lbl.tIOnCInQ.tc. ~ -. . &TATEOfIUlRlOA I .oouNlYOf~ . .... .... ... ~ 1llkxIy, pecsooaIy appwed llIIsIlI.-IlId tis NIid..e. tor... JlUllIOS8SsIaIId .....lllIll1lllls tile IllIlllOC1Wd. ... Alliatl.toIlobmg 5rstbyn d<4'-.diII_ortllialllll IJfWIT 6WORNTO mo SUBSaUBEIl beIoce me tis _ day 0( .2001, NoWy Nllic Slate at FlorIla IJ. ~ Prinlecl Name at NoWy l.Iy corM'lsslon el<phs: &TATE Of flORlDA I OOUlllYOf~ \lebo .... ... ~ 1UIIlociy, peC$OCldy tppealOd _.-.104 tis_tor...pUIPOSOS_.....'" tnIlllllllstlle tnIlllOC1Wd. ... AIIiatI. toIlo being 5rst by me d<4' -. did _ or tIIial...1 AFfW([ 6WORNTO N<<l SU8SCAlIlED beb..... tis _ day at 2001. IlaCIIyNllicBllle alFlorllaIJ.~ PrinIod Nome al NalIly UrClO-..,~ 1T1oTE0f1UlRlOA I OOUlllYOf~ \lebo .... ... onIefsIgIlICIlllkxIy, ptlIOOdy t(l(lOIlO4 llIIsIlI.....-cl tis _tor... pUIPOSOS sIaIId .....1llIl11ll11s we IllIlllOC1Wd. ... Molt, toIlo bmg 5rst by me dill( -. did _ or.........' IJfWIT 6WORNTO N<<l SUBSaUBEIl_ metis_dayal 2001. . IlaCIIy Nllic8talll al FlorIla IJ.~ PrinIod Nome alllaClly loIycorM'lsslon..... ~ ~ '......~ BUSINESS RELATIONSHIP AFADA VlTt This Alftdavl is made pursuant to Section 31071(b)(2l(al of lie City of Avenlura land Development Code. The ~ Alfianl hereby discloses flat (mark wilh 'r:' appf1Cable portions only) AlfIal1l does l!Q[ have a Ilusines$ RelaIionship with any member o( the City Commission or any City NMsory .Board \0 which the appIlcaUon will be presented. Afflll11 hereby disdoses 1Ial. does have a Busi1ess RelaIionsltIp with a member of the City Convnlssion or a City AdvIsory Board 10 whi:h the apprlClltion will be presen1ed, as follows: (List name of Conmisslanel or NMsoly Board MembellIIM Serves on the (Usl City CommIssion Of City hMsory Board upon whlctl member tf:l1. ( )2, -I, The naUe 0( lie Busiless RelalionshIp Is as IolIows: ilL Ill' IIi. illY. II v, Member of CllV eo....~. or Board hakls lIlI ~ rteIest b __ of 1% Ill. ISSeIs or c:apllaI Ax:t 0( Applicant or Represe.1IaliYe; Iolea1ber III ar Commlsslon or Board .. a pIINr, 0lHllIreh0Ide4' (IS 10 ~ of a GOqIOldo.I fd1Ich lie nollsted on Ilrf national of regional Ax:t udIange) ell')cti \'IllIlIIe(d111e Applicart or Represerdative bllrf busi1ess venlIn; . The Appficanl or Representalive Is a Cienl of a member 0( the City CommIssbn or Board or a Cienl 01 another pco\esslonaI wolI<ing from 1he same office or lor the same ~ as the membef of lie City CommIssixl or Board: A City CommIssioner Of Board member is a Clienl of the Applicanl or Represenlalive; The Applicant or Representa6ve Is a Cus10mer III the member III tile City ~ c;If Board (or of his or her emplo)<et) and transacts more than $10,000.00 of the business of the member of the City CommissIon or Board (or his or her employee) k1 a given calendar year; III the City CorM1Isslon or Board Is a Customer of the Applicart or I\eplesentatiw and mace than $25,000.00 of 1he busitess ollie Appficanl or I\eplesentatiw b a given year. lltS~Y(ff tebruarv .200) l IoIYHANDlltS.::>Y OAYOF February .2OOJ By. (S91aluru) NaRIo: IPIt1I) 11le: (PrWJ "lIIe /8mIS 'Busiless ~. 'CIenI.' 'Cllsfomer." "AA*anI.' "Represetlla/MI" and 'lnIeresIed PetSOtr' IIll de6ned i1 S<<:rion N95 0( the AI'IIrllIn CIy Code. ~ WITNESS MY HANO lHlS _ DAY OF February ~3. ~7- By: (Signature Name: (Print) Tille: Architect IPri1IJ Tille: (Print) ar: (S/gtIaIure) By: (Signa/ure Name' fPmt) Name: iPrint} . Tille: (Print) Tille: (Print) By: ~} By: (S/gnatIIe ,....... fPriiJ Name: (Print} 'l1k (Print) Tllfe: (Print) By: fSignature) By: (Signature Name: (Print) Name: (PrinQ Tille: (PtinIJ Tille: (PrfnI) By: /SI!;mture) By: (Stjoature Name: (Prill) Name: IPtlnIJ 'RIo: (Print) TIlfe: (Prill) IIr, ~ By: (S/gnatIIe Name: (Print} Name: (Print) 'RIo: IPtlnIJ Tille: (Print} NOTE: 1) Use duplicate sheets II dlsclosUfe In(onnalloa lor RepmemaUve varle$ 21 ApplIcants Md AfllanIs areldvlsedlG tlmelr supplemat lhls AllidaYll pursuant lG See. a1-71(b)(2l(lY) Glibi' atts lind DeYelopmaIt RegulaUoas In ~ CIty Code, III the ewlItJbat pIlor lG COI\$.lderatlon of the IJIllllcaUon by lhil CIty Bwd or CocnmIsslan, the lnfannallan pnwldeclln the AllidaYll becames lclcarrector Incamplete. ~ 1l0T1JUZA.T\ON PROVlSlOIl 5TAl1'Of~ I COUtm'OF~ . Bebrl .... .... ..>l<<siQcltd 1llIhXly, poaoaaly ~George M:>uriz .... N/4d....c.o beCII irsI by... ~....... (oj ....., or llf<1lll\Ol he/Slle.1lOC>J\ll4 tlisMtWlloc....pIllllOSOS slalod t.ocobltd IIaIllsw. 1td0l<l'ed. N'fW{T .lOS' ~~TO- . ~ '. 'COl,,~,CC88S314 ~'. J -- tICY 03. :lOO3 .,' ""';;ao\M!lClUOll '::, ___lII7oNJ:t . CfAtEOF fI,OOIllt. I .c:ouKtYOFIIN~ _......."'11 .JItd......,..-.r'l'll6l'l4 M/IhI.-...s Ills Mla"loc.... (IUIIlOSOSs\1114 .....lI'4t11lllsw. II'4Cl1lCNd. ....1IiJd. ..c.o bet1Q irsI by 1M 6Jt -. (oj _<< IIIIto tool N'fW(T SWOOIlTO NlIl6UllSCl\lll6l _mo tlis_dqd. .~ lloIalyNllC&1Iled.FbIl&N.lIllIe Pi\oIOII_oelloWr uy~,&Wl\u;b~ CfAtE OF R..OlWA I COUlIlYOF~ Beloce ....... ~ 1llIhXly. peaoody I(lllWOd .......eooaMdllls_loc...P_-"_loll'4l1a1lIsWeIl'4Ol<1'ed. ....~..c.o...t1Q....by...6JI{_(oj_or_.... mwrr SWOOIllO NlIl6UllSCl\lll6lbebrllMllls_da\' d. .2llSi " MolIIyNllC_al_lI.l.IlQt ...-_oellolllr ur . ... fl-,Jt CfAlEOl'fI,OOIllt. 1 COUKtYOl'~ _.........d 1.1<014......,....-... ~ .... ~...."*4 irsIby... oUr _61_<<..... t M/IhI.-lIo4lllsloliddlloc......... -" .......101I...,1& \III...sClllCNd. N'fW(T SWOOKTO N.Cl suesCllB6l...... ..Ills_dqd. .2llcI5 . 1lotuy__oeFbll&N.lIllIe Pl\lII4_oellotuy ur r' ..... r~o ~l U~ U~;,~~ 1} p... BUSlNESS RELATIONSHIP AFAOAVW This Nfldavit is made plI'SUanllo SeclIon 31.71(b1(2l(i) ollie City 01 Aventura Land Development Code. The undel$lgned Nfl3l1l hereby discloses Ilat (marlt with 't' appI'teabIe prll1ions onIyl Nfl3l1l does l!2! have a Business Relalionship wilh any member 01 the City CommissIon or any City Mirsory BoanIIo wI1Ich 1he appIicaIIon will be presented. Nfl3l1l hereby disOOses 11a1. does have a Busi1ess Relationship with a member 01 the City CommissIon or a City AtMsory BoanIIo v.i1ich the application will be presented, as IoRows: (Us1 name 01 Commlssioner or ~ BoaIlI Membelj v.too serves on the (Us1 City CommIssion or City Mitsofy BoaIlI ~ wl1Ich member ~1. ( )2. seMIS). The nalIIre ollie BuskIess Relalionsl1Ip Is as IalIows: III IIi.' llii. lilY, IIv. IIvt Member ol CIty ~. or BoaIlI hatIs an llWllllIShIp rteceslln _ 011% ol tllal assets or capIlallloclc ol AppficaIt or Represerdaliw; Member ol CIty Conr' "n ar BoaIlIII a pamer, ClO'thaNhIllIIa (u " Ihws ola CCIIpClIdoc, which lie nallsled on II1Y nalional or reglonaIlloclc 8lIdIange) ar)oW wnlIIerwlll lie Applicart ar Representative In eny buslness wnIIn; . The #ilPIiCanl or Representative Is a Clenl of a meatler of the Cly Commlssfon or BoaIlI ar a Clienl of another proIessIonaI woddng /rom lie same o/Iice or lor the same employer as Ihe member ol lie CIty CommIsskln or Board; A City CommIssIoner Of BoaIlI member is a Client of the Applicant or Representalive; The AppCicanI or Representative Is a Cu&1omef 01 the member ollie City CommIssIon or BoaIlI (or 01 his or her employelj and IAnsacIs more I1an $1?.?oo.00 01 the business of the member 01 the City Commlssb1 or BoaIlI (or his or her ~ In a glwn calendar year; The member olthe City Commlssian or BoaIlIIs a Cuslomer ollie AppIicart or Representative and $2S.OOO.oo ollie buslness ollie AppIicart or RepresenIatiw In a given .2OGJ Rome 0 Merue 0 ~ IlYHANDllllS_DAYOF February .2OGJ POOPERTY By: ~] Ham<< lPrtlO llla: IPdnO "lIIe lennS 'BusiIess ~.. 'CfenI.' "CusIon1er.' ~. 'flepI8sen\aIiw" and 'fnIlIIllS/Gd petSOft' atll de6ned In SecfIon N95 olthe AWllllrft ClyCodo. , fi.... U""y", ~~ A' ~%:~~ By; (S/gnaIiJro Name'/YAU'~~i!(Plf N<me: fPtirliJ nIe:~~ ~ffl. 1llG: (PrintJ . ~.6Ya;'''''~l17~~ ;'-<C. ar. /SiQIta1uN) By: /SiQMture Ham&: II'IinO Ilan1e: (Pm!) lltlcl: (PrfIrJ 1k (NIl) By, ~ lly. ~ t-o' (PmO MaIM fAHJ .,., (PM/) 'I1Ia: - By: tsignaturel By; (Sigrrattue Nama: (/'dtll] Nam4l: IPMI) nre: IPdntJ 'I1le: fPItlI) By:. ~} By: .~ ~ (PdnO ~ (Prfrlt) 'IlIle: Il>MI,l 1lIe: (Fri#1 By, ~ Br, ~ NallIE (PljXj ~ fPMO ,.., IPdnO 'PIr (PdnrJ MOlE: 11 Utedupllcllullllls II tllSclGsute WOlNllall f<<~ vades ~ Appbnts MIS Aff'1MlI.... adWIed tel tknIy Iqlpllalealllk ~vtt parlIUII\t III Sec.11~{bmM af tI\i' ~UacI Dm1lIPI\*It Reg\llalIlIa$" ~ CllJ CoM, 1lIll\e eveatJlat PIlaI' ro CCl~ Grille eppllcaGoo by ... 0Iy IloIId oreommr.stan. tile ~ \lIll\'Ided IlIl1&e lfIIdmt bIeomes lacarrect arklcallipltle. - -.... HOTAAll.I.11Of( PR01llSloN STAmOfM!lm I COOllYCl'~ . Ileln...... ~ ~.~~~ ~~ m.ar. wbotlqb!.".... do#-..dll_oclhh( __....K_I><"'_ol&~........,fItt,......IId- NlW/I' lWCllIlTO/J4llOl.J6SCMl8l_IN..~lIOfar~lCIlj. . SQ,tEOfR.Qllllol. I .aMllYClFIlIMA llHlI;) ... ...... 11'1 . ~1I4 .................1I\llUIOd lol/thI...-4..WdtoAIx..~cbW"'Wktt..",,-~ ~'~ JUUAA.MURlu.o ~...z IolYOOIolIolISSION# DD07<i813 ~..".... EXPIRES:_.._ 1-"""_ R.__&-.g.'" ..... _1Ial1; ...,. l!l4'-,Otlll_IIr....... HWl<< ~TO/J4l~_"'''''_''oI 2Il'!3 lIololyl'Uli:SlalilacRoMoN.l.ot;o PMWllamI alNOWY ur.....ds>Jol\...., - .,. *1'A1ECll'R.QIIIloI. I CO\M1YClF~ ...... ....... uol "r...s 1lIIlvl<tr. __1llIlCOI'III WlMIlIClllOd...._Ilr..puopOMllllliila.....fLIiodMI..w.lllI-. ...~""'1lo\'qJool.,..""'_dll_or....Nl NfWIf _WH4!lCU8SCl\l8eD..........._*'CI{ .al .' "l'dIIolllI""lfbtkN.'- ........"MIlolr ur _Alr'I: ...(.1 CTI.1l!.ClFIUlMII. I ~ClFWIAIlNlel ...... ""--'- .......,.'--"~ wn_....-.tor...\MIlIIOOlI..._iIIIIfwll.."""WCSOQIIIlI. ... ~.....I"*O I<llll\'''' tit-.Illl-.-.... SWtIflMTONlD8'~'ro.............._C;yat I.RWtr .~3 . HalIIy",*etolilolA:xlkN.'- ...._CIlllo\olr vt~~. -- ntlt.~~ , o . .:PUCANT REPRESENTATIVE Af .IAVIT Pursuanllo Section 31-71(b)(2)(i} 01 the City 01 AYenIura Land DevelopmenICode, lhls App&cantRepresentative Alflda~ Is heceby made and SItxnitted, The oocIerslgned aulhorized representative of the ildMjuaI or enlity appIyIlg lor the Development Permit, vdIich Is ldenlifled it the acc:ompanyilg applicalion, end Ile ownef 01 the property subject \0 Ile applICation (~ differenQ hereby isIs and ldenlifleS aD persons repcesenling the kld"Mdual Of entity apptyiIg lor the Development Pennil i:I connection with \he application, as 1oI1ows: JEFFREY BERcaw Relationship p... AIIO<ne)$, Ait:hifeds, l.Indscape Ait:hifects. EngIneeIS, I.obbtUts. fie.} ATTORNEY Name {AlladI Mdilional Sheets II Neoessary1 flOl1CE:ANY STATEUEHT OR REPRESEHTAl'lON IIADE BY AIr( PERSON USTED ON TIlE APPLICANT REPRESEHTAllVE AFFIOAVIT SHAll. BE BlNlllNG UPON TIlE INDlVlDUAL OR ENTITY APPLYING FOR TIlE DEVELOPMENT PERMIT AND TIlE OWNER OF TIlE SUBJECT PROPERTY. APPUCANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AffiDAVIT PURSUANT TO SEe. 31-71(B)(2)(lV) OF TIlE ClTY'S LAND DEVELOPMENT REGULAllONS IN TIlE CITY CODE, IN TIlE EVENt THAT PRIOR TO CONSlDERAllON OF TIlE APPUCAllON BY TIlE CITY BOARD OR COMMISSION, TIlE INFORMAllON PROVIDED IN TIlE AffiDAVIT BECOMES INCORRECT OR INCOMPLETE. By: HARCR .200t:2002 OWNEfI By: ~ BERCOW A'l'TOam ( , Name: HOMERO MF.RrTF.T.n (PrWJ : 1lIe: PRES1:DEN"J' , '(k ~ 200 S. BI:SCAYNE BLVD. SUI:TE B50, MI:AMI:, FL 33131 ~ 5101 COLLI:NS AVENUE MI:AMI: BEACH, FL 331 40 STATEOFR.OAlDA ) COUNTY OF MlAMI-DADE) Belole me lie IDBslgned aubxty personaIy appeared nFFREY BERCO App&cant endIor the owner ollie property Ujecl \0 the application, who bei:Ig first by me exeoded this AlliIa'IIIlor Ile purposes stated lhelei1 end thal k Is lrue end oonect. SWORN TO AND SUBSCRIBED BEFORE ME lhIs 1 9day ~CH CD USAC-1IllOOlCll lIY"O'4lllSSlON' 00156828 , -~~~ Notary Nl&c Stale 01 florida M large PmledNameolNotary LI:SA C BROOK My commission expires: -. "'....P ,....., BUSINESS RELATIONSHIP AFAOAVlTt This Nfldavil is made plMSUanllo Section 31-71(b)(2lfll at I1e City at AvenIIKa land Oeve\opfMnl Code. The IIldetslgoed Nflalll hereby discbses Ilat (mark v.fll1 'x" applICable pof1ioos onIyl !f!l. Alflalll does nol have a Business Relalionship with any member 01 the City Commission oc any City Advisory .Board III Yrf1IcIt lite applicaUon will be presented. Alflal1t hereby lisdoses 11aI. does have a Busi1ess ReIalionshil with a member at the City Commission Of a City NMsory Board 10 whicl\ 1he apprlCafion wilt be pcesenled, as follows: (list name at Commisslonel or hMstxy Board Membec1 who Se.ws on the (1..isl City Commission or City Mitstxy Board upon which member ( J2, serves). The naIln ollhe Business ~ Is IS IoIIows: III ilL' (Iii. lIlv, II v, II v\. By: Member of CIIV ConloIsslor. or Board haIds an ~... kl_ of 1% llllalalassecs or c:aplIat Itlc:k of ~ or necx-1IaliYe: Nollnber of ar Cammission 0( lIoBRIls a pamer, ClO1barehokler (as la __ 01 a cocpocdo.i 1IIW:h In! AOlIAld on II'I'f na60naI or qglonaIltlc:k 1lIdIange) 0( 1* wnlII'er wIlh lie ~ or Representative h 8lTf buskless venIIn; . The Applicant or Represenla6ve Is a CIent of a member 0/ the Cly Commlssi:in or Board or a Client of another professlonal WlHIIilg /rom lie same office or for the same employer as the member 0/ lie Cily CommIssion or Board: A City Commissioner or Board member is a Clienl 01 the App6cant or Represen1alive; The Appicant or IIepresealatjve Is a Cuslomer at lie member at lie City Commi$sIon <<;II' BoaR! (or 0/ his or her empbyer) and ttansacI$ moce lhan $10,000.00 of the busiless 01 the member 01 the City CommlssiJn or BoaR! (or his or her ~ h a given caleOOar year; The member ollie Clly CocM1lsslon or Board Is a CusIamer 01 the Applicart or IIepresealatjve and tnInsads - lhan $2S,QOQ.oo of lie busi1ess of lie ApplicaIt or Representative h a given :tOF Februarv .200) ~(? (~ Home 0 Merue 0 a) MYtwlO1MIS~DAYOF February .2OOJ PROPER'I"l By: (S9laIcn) Name: (PrtIIJ tile: (PrtIIJ "llIe IsmIs 'IlllsiIess ~" "Cfen/,' 'CllsIomer." ~" ~" and 'Interested PetSO/1" BIll deIined In Se<:t1aa N95 of /he AI'IIl1lrft C<<y Code. r2OOl..2002 By: (Signature Name: (Print) Tille: ATTORNEY (Print) Trtte: (Print) By: (Signature) By: (Signature Name' (Print) Name: (print) Tille: (PrinQ Tille: (prinQ By: (SIgnature) By: (SIgnature Name: (Prill) Name' (PdnQ TltIe: (Print) TIlle' (prinQ . By: (Signature) By: (Signature Name: (Prinl) Name: (Print) Tille: (PrinQ Title: (PrinQ By: (Signature) By: (Signature Name: (Print) Name: (print) T~ (prinQ Tille: (Pdnt) By: (Signature) By: (StjnaIure Name: (PdnQ Name: (Print) T~ (Prill) TI\Ie: (PdnQ NOTE: t) Use dupUcate sheets If disclosure lnformaUon for RepresentaUve varies 2) AppUcants IIId AffWlts are advlsed to Umely supplement IiIls Affidavit pursuant to Sec. 31.71(bK2){lv) 01 the Clty's Land Development RegulaUons In the CIty Code, In the event that prior to conslderaUon of the appllcaUon by the CIty Board Of Commission, the lnformaUon JIlOYlded In the All1davlt becomes Incorrect Of Incomplete. NOTARlZAllON PROVISION STATE Of R.0l\IllA I COUNTY Of 1oIlMII-tlAllEl Belen ..... "" undersigned lulhorly. penonaly awwed B I1ehhe llOQJ\o<f tlis Mdavl lor... puq>oses staled """'" and lhat lis \ve and cxxred. SWORN TO AND SUBSCRIBED belore ....tis J.9. day 01 MARr.H . STATEOfR.ClRlOA I .COUNTY Of WJ.II.O,l,DE) BaIora ..., ... undeI$igned Illlhoritr. penonaIy awwed haIIIw aoaMd Ills MilIot lor... puqlOSO$ stalld....... and I1aIIIs WI and cxxred. ... IJliant, YdlO ber9 in;! by .... dlAy ,.".., d'1Il ....., or allinn Ihal IoffW(T SWORN TO AND SUBSCRIBED belore me tIls _ day 01 2001. NOCaIy PIbIc Slate 01_ M. U<ge Printed Name 01 No\arf My commIssIoa exphs: STATEOfFlOAlllA I COUNTY Of WJ.II.O,l,DE) BaIora me, ... undecsIgned 1UU'<lrily. personaly appeared heIslle emQIIId Ills MilIot lor ... puqlOSO$ staled ....... and I1at lis 1M and cxxred. the Moan!, YdlO beilg in;! by me duly ,.".., did ....., or _lhat I.FfWlT SWORN TO AND SUBSCRIBEO belen me Ills _ day 01 2001, NaIary NlIc S1a18 0( _ M.lMge PmIId Name 01 NcWy 1.Iy..m..1IssIorI1~ STATEOFR.ClRIOA I COUNTY Of w.MI.oAIlE) Belen .... ... ....lIlll$lgllld Illlhoritr, penonaIy appeared heIslle llIOOMd Ills MilIot lor ... puqlOSO$ staled ""lOIn and Ihallls 1M and CIlll1llC\. ... IJliant, YdlO ber9 in;! by me d<I{ ,.".., did ........ or atrm " I.FfWlT SWORN TO AND S\JBSCl\IllED belen me U1Is _ day 01 2001. . Ilotuy _ S1a18 01 fIorIda M.lMge Printed Name 01 NaIary I.IyClll<\.,-1JIlOs: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, City Manager TO: City Commission BY: Joanne Carr, AIC Planning Director DATE: August 17,2003 SUBJECT: Request of AventUla Turnbelry Jewish Center - Beth Jacob Inc. for modification of a previous approval to allow the expansion of an existing day care/pre-school/elementary/middle school from an enrollment of 250 students to 400 students - 20400 NE 30 Avenue, Aventura September 2, 2003 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission approve the lequest to modify the previous approval granted through Resolution No. 98-100 to allow an expansion of student enrollment from 250 students to 400 students. REQUEST The applicant is requesting a modification of the previous approval granted through Resolution No, 98-100 to allow the expansion of an existing day care/pre- school/elementary and middle school from an enrollment of 250 students to 400 students. (See Exhibit #1 for Letter of Intent) BACKGROUND In 1991, Aventura Turnberry Jewish Center-Beth Jacob was approved fOl a special exception and unusual use to pelmit the expansion of an existing synagogue to include a day care center and pre-school. This approval was made with the condition that the day care center/pre-school would be restricted to a maximum numbel of 45 children. In 1994, the Temple received approval to modify this restriction to add an elementary school and to allow a maximum of 190 children. In 1998, a further expansion of enrollment to a maximum of 250 students was approved by Resolution No. 98-100. No altelation of the existing stlucture or site was made at that time. The 1991, 1994 and 1998 resolutions are attached to the applicant's Letter of Intent. The Aventura Turnbelry Jewish Center has now made application for site plan approval to construct a three story addition to the existing Tauber School with new entrance canopy and drop off area. The floor area of the school will be increased from 31,464 square feet to 53,666 square feet to accommodate nine new classrooms; five of which will be used for middle school students and fOUl of which will be used for elementary school students. The proposed site plan is attached for Commission's infolmation. Forty-four new parking spaces have been added to the site to comply with the City Code as to number of parking spaces lequiled for all existing and proposed uses on this site. The majority of these spaces has been added to the east of the existing playground area on NE 205 Street and connects by sidewalk to the school. ANALYSIS Traffic flow and adequate parking are staff's concerns in evaluating the request to expand enrollment at the Tauber School. A new entrance from NE 205 Street has been approved as part of an administrative entrance feature approval issued by the City in March of 2003. This entrance will facilitate access to the new parking area and improve traffic flow through the site during school drop-off and pick-up. Parents will be instructed to enter through the NE 205 Stleet entlance, dlOp-off and pick-up students at the front entrance of the school and exit by way of NE 30 Avenue; however, both accesses will be available for entry and exit. This will alleviate concerns with all school traffic entering and exiting on NE 30 Avenue. Also, as part of the entrance feature approval, the existing entrance lanes on NE 30 Avenue will be widened, a guardhouse will be constructed and a new southbound right turn lane will be added on NE 30 Avenue. One hundred and ninety- four (194) palking spaces are required for the synagogue, existing school and proposed addition. One hundled and ninety-eight (198) parking spaces are provided on the ploposed site plan. Staff therefore recommends approval of the applicant's request to expand enrollment from 250 students to 400 students. 2 ~~ff~~f~~ ATTORNEYS AT LAl' l~~~~lo Clifford A. Schulman (305) 579.Q613 Direct Fa" (305) 961-5613 E-Mail: schulmanc@gtlaw.com July 25, 2003 Ms. Joann Carr Planning Director City of Aventura 19200 West Country Club Drive Aventura, FI33180 EXHIBIT #1 96-476 (REV 2) Re: The Tauber School at Aventura Turnberry Jewish Center - Beth Jacob, Inc. I Application to Amend a Prior Approved Resolution I 20400 N.E. 30th Avenue, Aventura, Fl33180 Dear Ms. Carr: This shall constitute the letter of intent accompanying the public hearing application by The Tauber School at Aventura Turnberry Jewish Center - Beth Jacob, Inc, (the "Applicant") for a modification of a previous resolution (Resolution No, 98-100) adopted'l(y the City Commission. The Applicant is the owner and operator of an existing dliy.carelpre- school/elementary and middle school (the ''Tauber School") located at 20400 N.E. 30 Avenue, Aventura, Florida, A public hearing was held on December 16, 1998, after which the City Commission approved a modification to a previous resolution (Resolution No. Z-242-88 as modified by Resolutions Nos, 4-ZAB-344-88, No. 4-ZAB-146-9l and No. 5-ZAB-407-94) approved by the Miami-Dade Board of County Commissioners, which had granted the Tauber School a maximum enrollment of 190 students, The modification granted by the Aventura City Commission in 1998 increased the maximum allowable enrollment at the Tauber School from 190 children to 250 children. Copies of all prior resolutions respecting the Applicant are attached to this letter. Since the early 1990s, the Applicant has consistently provided quality education at the Tauber School. The Applicant is taking steps to increase its educational role within the community, Because of the ever increasing demand for quality education, the Applicant seeks to modify Resolution No, 98-100 to increase the maximum enrollment at the Tauber School from 250 children to 400 children, A1; you are already aware, there is a pressing need for more quality educational facilities in the community, The new Aventura Charter Elementary School, which is located near the Tauber School and opens for the first time in August of 2003, is already enrolled at full capacity GREENBERG TRAURIC. P.A. 1221 BRtC~ELL AVENUE MIAMI. FLORIDA sun 305-579-0500 FAX 305-519.0717 wwwoltlaw.eom AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DENVER FORT LAUDERDALE Los ANGELES MIAMI NEW JERSEY NEW YORK ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH WILMINGTON ZORICH July 25,2003 Page 2 and has a waiting list of 100 - 200 students for each grade level. Additionally, the Tauber School is the only middle school in the City of Aventura. Clearly, demand exists for greater school capacity. The Applicant is adding approximately 22,000 square feet to the Tauber School to adequately provide for additional students, In order to address traffic concerns, particularly ingress/egress, the school has opened a gate on 205th Street to provide an additional means of access to the grounds. This additional access will ensure smooth traffic flow into and out of the school grounds, In addition, the Applicant has submitted a site plan showing an additional 44 on-site parking spaces to meet the requirements of the City, Substantially all other zoning and site plan requirements of the City have been met and administrative site plan approval only awaits your favorable consideration ofthis request and minor modification to the site plan. For many years, the Applicant has provided important spiritual and secular services to the Aventura community, A central focus of the Applicant's dedication to service is it's role as educator. Increasing the maximum enrollment at the Tauber School from 250 children to 400 children will benefit the community by expanding the availability of quality elementary and middle school education and will allow the Applicant to continue its educational mission without resulting in any detrimental impact to the surrounding community. Based on the foregoing we urge your favorable consideration of this application and look forward to working with you regarding this project. We respectfully request that this application be scheduled for the September 2, 2003 City Commission meeting, Should you have any questions or concerns, please call me at 305-579-0613.I Sincerely, ~~~-~ r Clifford A, Schulman cc: Ms. Amy Chafetz IIMIA.SRVOIIGONZALEZA 11492641 vOl \VZQ901 !.IlOCI7124103 GREENBERG TRAURIG 88-147/34-51-42 mxnrlwrf"'N Kl. Z-242_& . '!be followinJ resolution """ offemcl by Cannissioner Bany D. 5clu:eiller, seco..Je..\ by Camdssioner Jorge (George) Valdes, erd upon poll of ...-rs present thli vote """ as follows: BarlJara M. Camy Clara Osterle Beverly B. Phillips James F. Aedfoni, Jr. Harvey Ruvin a}'9 absent a}'9 absent a}'9 Bany D. 5clu:eiller aye Jorge (George) Valdes aye Shennan S. winn a}'9 Stephen P. Clark aye WIIEREl\S, AVENl'lJRA TURNBERRY JEWISH CENreR had llpplied for the following: (1) SPEX:IAL =uCll to pennit a religious facility, to wit: a synagogue. (2) N:N-tlSE Vl\RI1\ICE CE SE'lWCK ~ to pennit the ....~ synagogue setback 30' (50' required) fI:an the side (_) .....,.....l}"1ine. (3) N:N-tlSE Vl\RI1\ICE CE IIEIGfl' ~ to pennit a 8<In:tulIry height of 40' (35' pennitted). (4) N:N-tlSE Vl\RI1\ICE CE P1lIlKIN3 RBilILl\TICIlS to pennit 125 parIdng spaces (150 spaces required). (5) N:N-tlSE Vl\RI1\ICE CE P1lIlKIN3 RBilILl\TICIlS to pennit 32 parking spaces (mne pennitted) within 25' of an official right-of-oey, (N.E. 30th Avenue). Plans are on file erd may be -..mined in the Zoning Ilepsrtnent entiUed "Aventura Turnbeny Jewish Center North MilIIni,"> Florida" , as prep!Ired by P'rlmI<DI & Associates, Inc., dated 7-22-88. Plans may be m:xIified at public hearing . SUBJEX:T l'''''''::a<:J:X': IDts 5-12 inclusive, Block 16 erd that. part of lot 13 lying within the east 235' of said Block 16; erd IDts 1 -12 inclusive, erd IDts 39- 42 inclusive, Block 15 erd that part of lots 13 ard 38 lyin;J within the east 235' of said Block 15; erd IDts 1-12 inclusive ard IDts 39-42 inclusive, Block 14 ard that part of lots 13 and 38 lyin;J within the east 235' of said Block 14; together with the adjacent rights-of-oey of N.E. 203 Tex:race and N.E. 204 11=......... and the platted alleys lyin;J adjacent to the BUbject lots; all of the foregoing in IIlIUANIlM.E PARK ro. 8, Plat book 20, Page 49. IlXATICIl: '!be _ side of N.E. 30 Averme, ):",l ea... N.E. 203 Street and 110' south of N.E. 205 Street, Dade O:>unty, Florida, ard MIEREAS, a public hearing of the Mettq;lolitan Dade O:>unty Zoning ~ Board """ advertised and heid, as required by 1M<; ard all interested parties cOI"""..ed in the matter were heard, at which time the llpplicant requested pexmission to witb::lraw Item .4 (non-use variance of parIdng regulations pertaining to 125 parking spaces), ard upon ch1e ard proper consideration having been given to the matter, it """ the opinion of the Zoning Aweals Board that the llpp11cation, on a m:xIified basis, lDlld be CCIlpltible with the area ard its deve10pnent ard lDlld be in Mx:nony with the general purpose ard intent of the regulations ard lDlld confoxm with the requin!ments ard intent of the Zoning Procedure Ordinance and the llpplication as m:xIified """ awroved, BUbject to conditions, and the x:equest to withdraw Item .4 was awroved, and Z -.)1;; -Y'? AVENroRA Page '1\io 34-51-42 MIEREAS, VIUA D:Ill\IlA. <XHlCHINIUI ASSOCIl\T.ICIl, DC. llppeAled the decision of the Zoning Appeals Board to this 5oax:d, erd after .. 15-day notice of the tinil ard place of the n-eeting of this Bosrd was published as required by the Zoning Procedure Ordinance a hearing was held by this Bosrd, and after reviewing the recOl:d and decision of the Zoning Aweals 5oax:d and after having given an opportunity for interested parties to be heard, it is the opinion of this Bosrd that the grounds and reasons specified for the reversal of the ruling made by the Zoning ~ Bosrd lOere insufficient to nerit a reversal of the decision; 101 '11iEIlEFORE BE IT RESCLVED by the 5oax:d of County Camdssioners, D>de County, Florida, that the decision of the Zoning AR;>eals Bosrd be ard the sarre is hel:eby sustained and the requested llpplication as nxxIifed be and same' is hel:eby approved, BUbject to the following conditions: 1. 'lbat a plot use plan be subnitted to and neat with the appx:oval of the Zoning Director; said plan to include am:lIIl] other things but rot be limited thereto, location of building or bui1c\in;ls, typa and location of signs, light lItandards, parIdng areas, exiJ;B and entrances, drainage, walls, lan:lscaping, ate. 2. 'lhat in the appx:oval of the plan, the same be substantially in accOl:dancewith that subnitted for the hearing entiUed "A ventura Turnbeny Jewish Center North MilIIni, Florida", as prep!Ired by P'rlmI<DI & Associates, Inc., dated 7-22-88, e>cept as may be nxxIified by the Public Works Ilepsrtnent to provide IlI1IX>ther tx:musition of lIE 203 Street; that the plan be ~~Lb:l to include the additional parking required. 3. 'lhat the llpplicants subnit to the Planning Ilepsrtnent for its review and appxoval a lan:lscaping plan which indicates the typa of plant material and size prior to the issuan:e of a building pennit and to be installed prior to the issuan:e of a certificate of use ard occupency. Said plan shall reflect heavy lan:lscape treatment along lIE 30 Averme ....~ty line adjacent to the parIdng ax:ea. 4. 'lhat only one sign rot to exr::eed 24 square feet be pennitted for the use. 5. 'lhat the use be established ard maintained in accordance with the approved plan. 6. 'lhat m ~ structures or temporax:y use of any typa shall be pennitted on the premises. 7 . 'lhat m occupency or use of the premises be pexndtted until the required parIdng facilities have been inpx:oved and installed in accordan::e with the Zoning axle requil:ments. 8. 'lhat the llpplicants oarply with all conditions ard x:equb:anents of the Deparbnent of EnvL.vuu=.ItLAl Resoun::es ManagE!.ncJl.L. 9. 'lhat the dedication of rights-of-oey shall be made in accordance with see. 33-133 of the axle of Mettq;lolitan Dade O:>unty Wlless the D1zector of Public Works deems such are rot necessary or J:eqUires a lesser !lIrOWlt. ~ts shall be made of such rights-of-way in 0J:der to oarply with ard in accordance with the x:equb:anents of the manual of Public ,Works c:onstruction, as may be deemed lacking, desirable and necessax:y by the Public Works Director. 'lhat the dedication and hrprovanent be made at such time as requested by the Public ~rks Director . AVENlURA Page 'I.1lIee 34-51-42 10. That the llpplicants subnit in >:ecOJ:dIoble foxm a cross parking "9-,e...eut which provides for availability of the additional required parking spaces for the synagogue use on the shopping center ...."l-"=l}" inmediately west of this site, prior to building pennit isllllllD:e for the synagogue. '!be Zoning DiIector is hen!by directed to make the necessazy rotations upon the maps ard recon:Is of the Dade County aillding an:! Zoning DepartlIent an:! to issue all pennits in accordan:e with the texms and corrlitions of this resolution. PASSED AND AOOPTED this 6th day of O:tober, 1988. August, 1988 lb. 88-8-24 11/18/88 mr 'Ibis resolution trar8aitted to the Clerk of the Bosrd of O:>unty O:mn!ss1oneJ:s on 1:h!! ---.lOth, day of HJVEMBER . 1988. ..> STATE 01' FLORIDA) ) ss: COUNTY 01' DADE ) I, RICHARD P. BRINKER, Clerk 01 the Circuit Court in and /'" Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of ..id County, DO HEREBY CERTIFY that the Z-242-88 Resolution No. above and foregoing is . true and correct copy of , adopted by the said Board 0/ County Commis- October 6 19 ~ si~ners at its meeting held on IN WITNESS WHEREOF, I have hereunto set my baod and official seal on this 30 day 01 November A. D. 19 ~ . ,.) RICHARD P. BRINKER, Ex-olficio Clerk Board of County Commissioners Dade County, Florida a:::<~ By .......... ......"\SS'OA~... '-~"'.". 'rA. ~O~. ~~... :P "t' en: i~ Q(f7. ; \~ lO .; ..-"0 "" ...:) .. ..- .......... Board of County Commissioners Dade County. Florida IGI.Ol_IIl[Y.II/72 34-51-42/88-147 RE~OLUTfON NO. 4-ZAB-344-SS The following resolution was offered by Georgia A. Wright seconded by Conzalo Sanche! And upon poll of members present, the vote was as follows: ThOmBB A. Conger R. Jol11vette Frazier lR.vi A. Johnson Joyce Masso Mary Jean 1Usl absent aye aye absent aye Conzalo (Guy) Sanchez Kenneth Welt' Georgia A. Wright Hurray Slsselman aye aye aye absent WHEREAS, AVENTURA TIJRNBERRY JEWrSH CENTER had applied for the f.ollowing: (1) SPECIAL EXC~PTtON to permit a religious facility, to wit: a synagogue. (2) NON-USE VARfANCE OF SETBACK REQUIREKENTS to pe1'1llit the proposed synagogue setback 30t (SO' required) from the side (west) property line. (3) NON-USE VARIANCE OF HEIGHT REQUI1lEMENTS to permit a aanctuary height of 40' (35' penitted). (4) NON-USE VARIANCE OF PARKING REGULATIONS to permit 125 parking spaces (150 spaces required). (5) NON-USE VARIANCE OF PARKING REGULATIONS to permit 32 parking spaces (none permitted) within 25' of an official right-of-way (N.E. 30th Avenue). Plans are on file and may be examined In the Zoning Department entitled "Aventura Turnberry .Jewish Center North Kia.i, Fl.,p1:'lda". as prepared by Frankel & Associates, Inc., dated 7-22-88. Plans may be modified at public hea ring. SUBJ'ECT PROPER.TY: Lot.s 5-12 inclusive, Block 16 and that par.t of Lot 13 lying within the east 2351 of said Block 16; and Lots 1 -12 inclusive, and Lots 3(}- 42 inctuAive, Block 15 and that part of Lots 13 and 3ft lying within the east 235' of said Block'15; and Lota 1-12 inclusive and Lots 39-42 inclusive, Block 14 and that part of loti 13 and 3S lying within the east 235' of sa1d Block 14; together with the adjacent rights-of-way of N.E. 203 terrace and H.E. 204 Terrace and the platted alleys lying adjacent to the sub.1ect lots; all of the foregoing 1n RALLANDAL! PARK NO.8, Plat book 20, Page 49. LOCATtON: The vest side of N.E. 30 Avenue, between M.E. 203 Street and 110' south of N.E. 205 Street, Dade County, Florida and, WHE~EAS, a public hearing of the Metropolitan Dade County Zoning Appeals Board was advertised and held, 8S required by law, and all interested parties concerned tn the matter were heard, at which ':.ime the applicant requested permi.8ion to withdraw ttem 14 (non-use v~r11nce of parking regulations pertaining to 125 parking spaces), and WER.EAS, upon <lue and proper considera ;i. n :18.vin~ ~. n gi'J'er. to t'le matter, it is the opinion of this Board that the application, on a modit'ied bllsis, would be compatible with the area and itll development and would be tn harmony with the general purpose and intent Ot the regulations and <JOuld conf-orm with the requirements and intent of the Zoning Pr,)c~dure OrrUrance, and that the request to withd18W ttem #4 should b! approved; NOW 'llIEREFORE J.E tT RESOLVE!) by the Mett'lp<l1ten n...de ~unt'f lOlting Appe,.1s Board that tile attpllcatl.on, as m.....di C.ed. ~e ald tl~ sall'f! ts hc-re1-y approvf':d. i"U~jf't:t tl'" t:le rol1o",in~ c)n(fitluns: f-2.4~-3 </y -n:-J 4-ZAB-344-as PAGE TlIO 34-S1-42/RR-147 I. That a plot uoe plan be lub1dtt.d to Ind ....t with the Ipprovsl of the Zoning 01 rector; said plan tn include among other things but not be limited thereto, location of building or buildings, type and location of signs, light standard!!. parking areas, exits and entrances, drainage, walls, landscaping, etc. 2. That in the approval of the plan, the same be substantially in accordance with -that submitted for the hearing entitled "Aventura Turnberry Jewish Center North Miami, Florida", as prepared by Frankel & Associates, Inc.. dated 7-22-RR, except 8S may be modified by the Public Works Department to provide 8lIoother transition of HE 203 Street; that the plan be amended to include the additional parking required. 3. That the applicants submit to the Planning Department for its review and approval a landscaping plan which indicates the type of plant IIllterial and size prior to the issuance of a building perait and to be installed prior to the issuance of a certificate of use and occupancy. Said plan shall reflect heavy landscape treatment along NE 30 Avenue property line adjacent to the parking area. 4.. Th.at only one sign not to exceed 24 square feet be permi tted for the us.. 5. Th.at the use be established and maintained in accordance with the approved plan. 6. 11\at no tem.porary structures or temporary use of any type shall be permitted on the premises. 7. That no occupancy or use of the premises be perm1~ted until the required parking facilities have been improved and instdled in accordance with the Zoning Code requirements. 8. That the applicants com.ply with all conditions and requirements of the Department of Environmental Resources Management. 9. That the dedication of rights-of-way shall be: made in accordance wi th Sec. 33-133 of the Code of Metropolitan Dade County unless the Director of Public Works deems such are not necessary or requires a le.fler amount. Improvements shall be IIl8.de of such rights-of-way in order to comply wi th and in accordance wi th the requirement. of the manual of Public Works construction, as _y be deemed lacking, desirable and necessary by the Public Works Director.. That the dedication and improvement be _de at such time as requested by the Public Ibrks Director. 10. "l'hat the applicants subait in recordable fom a cross parking agrenaent which provides for availability of the additional required parking spaces for the synagogue use on the shopping center property famediately west of this site, prior to building permit issuance for the synagogue. 'BE IT FURTHER ItESOLVED that the request to wi thdr.a" ttea #4 (non-use variance of parking regulations to perm! t 125 parking Sp.if.Cl.) be and the liIame is hereby approved. The Zoning Di rector ts hereby directed to make the necessary notf..tions upon tbe 1D8P8 and records of the Dade County Building and Zoning Department and to issue all permits in accordance with the terms and conditions of thls resolution. PASSED AND ADOPTED this 24th dlY of AUGUST, 19Sa. Ilelr1ng No. 8S- S-2 4 Typ.d 9/01/RRI bn STATE Of flOR lOA COUNTY OF DADE 1, Jorge S. Rodriguez, P.E., Acting Director of the Metropolitan Dade County Building and Zoning Department and Ex-Officio Secretary of the Hetropol1 tan Dade County Zoning Appeals Board t DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. l-\ - 2.,Al?,-?11l\- ~ adopted by said Zoning Appeals Board .t Its meeting held on 4. I lC~U~\ 8~ 19~. I seal on this \"'>~ IN WITHNESS WHEREOF. I have hereunto set IIY hand and- day of 'S>~6'-n-"':mP,I"'il7. ,A.D. 19K SEAL ..> Jorge S. Rodriguez, P.E., Ex-Officio Secretary Metropolitan Dade County Zoning APpeal/a~d d~: , By: h-Y ~ V' - 34-51-42/91-49 RESOLUrIOO 00. 4-ZAB-146-91 'l11e following resolution was offered by Gussie Davis seconded by Mavel Cruz and upon poll of nanbers present, the vote was as follows: HuniJerto Amaro Mavel Cruz Gusllie Davis Colleen Griffin Jose A. Losa William Lesner Scott tbtowitz Dean O:idy Kenneth Welt aye aye aye aye absent aye aye aye aye '\ WHEREAS, AVENl'URA-WRNBERRY JEWISH CENl'ER - BETH JACOB, roc. had applied for the following: (1) SPECIAL EXCEPl'IOO and UNUSUAL USE to peD1Iit the expansion of an existing synagogue to irx:lude a day care center and pre-sclxx:>l. (2) K:N-USE VARIAN::E OF SEml\CK ~REMENl'S to peDnit a proposed addition to setback 20' (50' required) fran the interior side (west) property line. (3) l-m-USE VARIAN::E OF PARKIOO REGUlATICNS to peD1Iit 149 parking spaces (150 parking spaces required). (4) M){)IFlCATlOO of Corrlition #2 of Resolution Z-242-88, passed and adopted by the BoaJ:d of County Catmissioners on the 6th day of October, 1988 as follows: - FRCM: "2. That in the app=val of the plan, the sane be substantially in acco!:dance with that subnitted for the hearing entitled 'Aventura Tun1ben:y Jewish Center tbrth Miami, Florida,' as prepared by Frankel & Associates, Inc., dated 7-22-88, except as may be m::xiified by the Public W::lrks Delpartmmt to p1:OVide snoother transition of NE 203 Street; that the plan be anended to irx:lude the additional parking required." 'lU: "2. That in the approval of the plan, the sane be substan? "ly in accordan::e with that suhnitted for the hearing l~itled . Interior Kitchen Inprovarents and l\dditions for: Aventura Tun1ben:y Jewish Center,' as prepared by Frankel & Associates, Inc., consisting of 5 sheets, dated received 2-19-91; site plan and floor plan entitled . Aventura Tun1ben:y Jewish Center,' as prepared by Frankel & Associates, Inc. , consisting of two sheets, dated received 2-27-91; and survey as prepared by Fortin, leavy, Skiles, Inc., dated last revised 7-3-90." 'l11e purpose of this request is to peD1Iit the applicants to subnit revised plans for the location of classroans and the proposed kitchen expansion. 'l11e aforarentioned plans are on file and may be examined in the Zoning Departm3nt. Plans may be m::xiified at public hearing. ;{ ~L //LL--9/ 4-ZAB-146-91 Page 'l\.Q 34-51-42/91-49 '\ SUBJECT ProPERlY: IDts 5-12, inclusive, Block 16 and that part of wt 13 lying within the east 235' of said Block 16; Lots 1-12, inclusive and Lots 39-42, inclusive, Block 15 and that part of Lots 13 & 38 lying within the east 235' of said Block 15; and Lots 1-12, inclusive, and Lots 39-42, inclusive, Block 14 and that part of Lots 13 & 38 lying within the east 235' of said Block 14; all of the foregoing being of HALLANDAlE PARK 00. B, Plat l:x:>ok 20, Page 49. I.D:ATlOO: 20400 N.E. 30 Avenue, Dade County, Florida, and WHEREAS, a public hearing of the M3tropolitan Dade County zoning Appeals Board was advertised and held, as required by law, and all interested parties concemed in the matter were given an OJ;p:>rtunity to be heard, and WHEREAS, this Board has been advised that the subject application has been reviewed for canpliance with COllCUl:l:ency requirerrents for levels of services and, at this stage of the request, the sarra was found to canply with the requi..rem;nts, and WHEREAS, upon due and proper consideration having been given to the matter, it is the opinion of this Board that the requested special exception, unusual use, m:x:lification and oon-use variances would be canpatib1e with the area and its developtent and would be in haDtony with the general purpose and intent of the regulations and would confol11l with the requi..ratents and intent of the Zoning Procedure Ordinan::e; N:M 'mEREFORE BE IT RESOLVED by the M3tropolitan Dade County Zoning Appeals Board that the application be and the sarra is hereby approved, subject to the following conditions: 1. That the use be made to confOl11l to the requiraTents and/or reculllo:n::lations of the Dade County Fire Chief and the Dade County Department of Public Health, State of Florida Depa.rt:rrent of Health and Rehabilitative Services (Child Care Licensing Unit). 2. That the day care/prescrool use shall be restricted to a maxinu.un m.u11ber of 45 children. 4-ZAB-146-91 Page 'nu:ee 34-51-42/91-49 3. That the day care/preschool hours of operation shall be between 8:00 A.M. and 6:00 P.M. 4. That the day care/preschool use may be conducted on the premises on SuOOays through Friday inclusive. 5. That the play area for the day care center shall be enclosed with a fence of a type and at a location to be atproved by the Zoning Director. .\ 6. That signage for the use canply with the requirarents of the Code. 7. That no school provided transportation be fumished in cormection with the use. a. That the applicants obtain a Certificate of Use and O::cupancy fran and pratptly renew the sane annually with the Dade COUnty Building and Zoning Department, upon c:arpliance with all tenns and conditions, the sane subject to cancellation upon violation of any of the conditions. BE IT FURnlER RESOLVED, notice is hereby given to the applicant that the request herein constitutes an initial deve10pnant ox:der and does not constitute a final developnant ox:der and that one, or more, concurrency detenninations will subsequently be required before developnant will be penni.tted. The Zoning Director is hereby di.t:ected to make the necessary notations upon the maps and records of the Dade COUnty Building and Zoning Department and to issue all peDllits in accon:lance with the tenns and conditions of this resolution. PASSED AND ALOI:'J.1:OlJ this 12th day of JI.Ule, 1991. Hearing No. 91-6-1 Typed 6/12/91 bn , STATE OF FLORIDA. ) coom.'Y OF DADE I, Carlos F. Bonzon, Ph.D., P.E., Director of the Metropolitan Dade County &lilding and Zoning OepartIlent and Ex-officio Secret:aI:y of the Metropolitan Dade County Zoning ~ls BoaJ:d, 00 HEREBY CERl'IFY that the above and foregoing is a' true and correct copy of Resolution No. ~ - 2...Pr8-1~ l(J -1 L ac:bpt:ed by said Zoning ~ls ~ at its meeting held on JUf'\P Id-J Jj'fL. '\ seal on this SEAL rn WI'mESS WHEREXlF, I have ~c;+.b clay of '"' U rre _ hereunto set my hand and , A.D. 19~. carlos F. Bonzon, Ph.D., P.E., Ex-officio Secret:aI:y Metropolitan Dade County Zoning ~1.. Board By: ~ .. RESOLt1l'ICN 00. 5-ZAB-407-94 WHEREAS, AVENruRA-TURNBERRY JEWISH CENl'ER had applied for the following: (1) SPECIAL EXCEPI'ION and UNUSUAL USE: to peIlTlit the expansion of an existing house of ltoOrship and day nursery with a proposed elarentaJ:y school onto additional land to the north and ~st of the subject property. (2) KJOIFlCATION of Condition 112 of Resolution Z-242-88, passed and adopted by the, Board of County CamU.ssioners on the 6th day of October, 1988, last -\ m:xIi.fied by Resolution 4-ZAB-146-91, passed and adopted by the Zoning Appeals Board on the 12th day of June, 1991, reading as follows: F'RCM: "2. That in the approval of the plan, the sarre be substantially in accordance with that suhnitted for the hearing entitled , Interior Kitchen lIlprovarents and Additions for: Aventura' Turnberry Jewish Center,' as prepared by Frankel & Associates, Ioc., consisting of 5 sheets, dated I:eCeived 2-19-91; site plan and floor plan entitled 'Aventura Turnberry Jewish Center,' as prepared by Frankel & Associates, In::. , consisting of t.\I.U sheets, dated I:eCeived 2-27-91; and survey as prepared by Fortin, Leavy, Skiles, Ioc., dated last revised 7-3-90." TO: "2. That in the approval of the plan, the sarre be substantially in accordance with that suhnitted for the hearing entitled .:..site Plan.' as p~n><i Q,y JIJ:l/Brenner and Jones. dated July 15. 1994. cons istinQ of four sheets." (3) KJOIFICATION of Condition 112 of Resolution 4-ZAB-146-9l, passed and adopted by the ZOning Appeals Board on the 12th day of June, 1991, reading as follows: F'RCM: "2. That the day care/preschool use shall be restricted to a max.inum nurrber of 45 children." TO: "2. That the day care/preschool/el-nf''''1' school use shall be restricted to a maxim.Jm nl.llltler of .l2ll children." 'l11e purpose of the aforementioned requests is to peIlTlit the applicant to suhnit revised plans SRJwing additional property for the house of ltoOrship and day nursery/elarentaJ:y school and to increase the nUlTtler of children that ~re previously approved. (4) N:)N-USE: V1\RIAlCE: OF SE:l'BACK REQUlREME:Nl'S to peIlTlit the existing house of ltoOrship setback 29.6' (30' previously approved) (50' required) fran the interior side (~st) property line. (5) N:)N-USE: V1\RIAlCE: OF SE:l'BACK REQUlREME:Nl'S to peIlTlit the propJsed Phase II I addition setback 27.5' (50' required) fran the interior side (~st) property line. 34-51-42/94-217 Page One 5-ZAB-407-94 , " (6) tom-USE V1'.RIlIN::E OF ZOOIN::; REQUlREMENrS to pennit 6,450 sq. ft. of outdoor recreation space (26,925 sq. ft. required). ( 7) ~-USE VAAIJl.OCE OF HEIGfI' REQUIREMENrS to peDni t the prop:>sed Phase II I addition with a height of 38.5' (35' peDnit.ted). '\ (8) ~-USE VARIANCE OF ZONIN::; REGUIATIONS requiring parking areas to be setback at least 25' fran property under different ownership unless a wall or hedge is provided; to waive sarre along the interior side (west) property line. (9) ~-USE VARIANCE OF PARKIN::; REQUIREMENI'S to peDnit parking spaces within 25' of the right-of-way of N.E. 30th Avenue and N.E. 205 Street (none peDni tted) . 'l11e aforarentioned plans are on file and may be examined in the Zoning Department. Plans may be m:x:Iified at public hearing. SUBJECT PROPERl'Y: Tract "A" of AVENl'URA JEWISH CENl'ER, Plat book 137, Page 53, Tract "1", Block 16 of REPIAT OF A PORl'ION OF HAI..L1INI:lALE PARK 00. 8, Plat book 40, Page 97, Tract "2" of IAIJRANNA, Plat book 76, Page 31, and Lots 1, 2 & 4, Block 16 of REPIAT OF A PORl'ION OF HALIJ>.NDALE PARK 00. 8, Plat book 20, Page 49. Lying and being in Section 34, Township 51 South, Range 42 East. I.CX:ATIOO; 20400 N.E, 30 Avenue, Dade County, Florida, and WHEREAS, a public hearing of the Matropolitan Dade County Zoning Appeals Board was advertised and held, as required by law, and all interested parties concerrled in the matter were given an opp:>rtunity to be heard, and at which tiIre the applicant subnitted, additional plans within the scope of the advertisement prepared by Brenner & Jones and dated received by the Clerk 10/26/94, and WHEREAS, this Board has been advised that the subject application has been reviewed for catpliance with concurrency requirarents for levels of services and, at this stage of the request, the sarre was found to c~ly with the requ1.rarents, and WHEREAS, upon due and proper consideration having been given to the matter, it is the opinion of this Board that the requested special exception and unusual use (Item 11), m:x:Iification (It an '3, non-use variances (Items 14- 9) and m:x:Iification (It an '2), on a m:x:Iified basis to include the additional 34-51-42/94-217 Page 'lW::> 5-ZAB-407-94 , .\ plans prepared by Brenner & Jones and dated received by the Clerk 10/26/94, \>QUId be c:arpatible with the area and its developrent and IooUUld be in hamony with the general purpose and intent of the regulations and \-.QuId confoDll with the requi.ratEnts and intent of the Zoning Procedure Ordinance, and WHEREAS, the following resolution was offered by Barbara Hardaron seconded by WilfJ:edo Calvillo, Jr. and upon poll of rre:rl:Jers present, the vote was as follows: Humberto J\maro aye Willie Barnett aye wilfJ:edo Calvillo, Jr. aye Frank Colunga aye Havel Cruz aye Raul Del Portillo aye Barbara Hardem::>n aye Henninia Herrera Eric Jacobs Char lie M:Garey , Jonathan Rubin June Stevens Colleen Griffin aye aye aye aye aye aye rrn THEREFORE BE IT RESOLVED by the loEtropolitan Dade County Zoning Appeals Board that the requested special exception and unusual use (It an ill), rrodification (It an #3) and rx:>n-use variances (ItEm; #4-9) be and the sarre are hereby approved, and BE IT FURIlIER RE$)LVEO that the requested rrodification (It an #2) be and the sarre is hereby approved on a rrodified basis to read as follows: "That in the approval of the plan, the sarre be substantially in accorclarw::e with that subnitted for the hearing entitled . Site Plan,' as prepared by .m:;/Brenner and Jones, dated July 15, 1994, consisting of four sheets and additional plans prepared by Brenner & Jones and dated received by the Clerk 10/26/94." BE IT FURIHER RESOLVED that the application, as approved, is subject to the following conditions: 1. That the applicant obtain a rrodified Certificate of Use and O::cupancy reflecting any rrodifications/additions approved by this application fran and prarptly renew the sarre annually with the Dade County Building and Zoning DepartIrent, upon ~liance with all tenns and conditions, the sarre subject to cancellation upon violation of any of the conditions, 2 . That the elE!ll'entary school hours of operation shall be be~n 8: 00 A, M. and 6:00 P.M. 34,-51-42/94-217 Page 'l1u:ee 5-ZAB-407-94 el~ntary school use may be conducted on the pr~nises to a maximum of be r~stricted to a maximum of constitute a determinations permitted. 3. That the on Sundays through Fridays, inclusive. 4. That the day car~/pre-school use be r~stricted 130 children. 5. That the elementary school use 60 children. 6. That the proposed parking lot be redesigned to include a multi-purpose BE IT FURTHER RESOLVED that all conditions of previous resolutions shall ~'~ain in full force and effect, except as her~in m~dified. BE IT FURTHER RES(~VED, notice is hereby given to the applicant that the request herein constitutes an initial dev~l~ent or~er and does final de~elofx~ent order and that one, or more, concu~=ncy will subsequently be required before develo[~ent will be The Zonirg Director is hereby d~r~cted to make the necessary notations upon the maps and records of the Dade County Building and Zoning Depa~U,ent and to issue all pemnits in accordance with the te~ms and conditions of this resolution. PASSED A~D ADO~'I=u this 26th day of October, 1994. Hearing No. 94-10-65 n/?/94 34 ~-51-42/94-217 Pag~ F~ur 5-ZAB-407-94 STATE OF FLORIDA '\ COUNTY OF DADE I, Marcy Gordon. Legal Counsel of Dade County Building and Zoning Department. as designated by Carlos F. Bonzon, Ph.D., P,E., Director of the Metropolitan Dade County Building and Zoning Department and E,,-Officio Secretary of the Metropolitan Dade County Zoning Appeals Board. DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No, 5-ZAB-407-94 adopted by said Zoning Appeals Board at its meeting held on the 26th day of October, 1994. IN \vlTNESS \\'HEREOF, I have hereunto set my hand on this 10th day of November, 1994. ~~cl.- Marcy Gordon. eputy Clerk and Legal Counsel Metropolitan Dade County Building and Zoning Department / , , , , 232 Pl!l3 JLL 09 '03 1~:l:j4 RESOLUTION NO. 98.100 A RESOLUTION OF THE CITY COMMISSION OF THE ;CITY OF AVENTURA. FLORIDA APPROVING MODIFICATIOlf OF A PREVIOUS APPROVAL TO ALLOW THE EXPANSION OF AN EXISTING DAYoCAREfPRE..sCHOOUELEMENTARY 13CHOOL FOR PROPERTY LOCATED AT 20400 NE 30 AVENUE; PROVIDING AN EFFECTI\!E DATE. WHEREAS, Aventura Tumberry Jewish center-Beth Jacob, Inc., through Application No. 96-476, Is requesting a modification of previOUS approvals fo allOW the expansion of an existing daY-(:8re1pre-scOOoVelementary school from {in enrollf'!1ent of 190 students to 250 students onihat certain property located at 20400 NE 30 Avenue; and WHEREAS, the applicant has received previous Miami-Dade County approvals limiting the enrollment of the existing day-care/pre-schooVelementary school through Resolution No. 4-ZAB-146-91 approved June 12. 1991 as further modified by Resolution No. 5-ZAB-407 -94 approved October 26, 1994: and WHER~S, the City Commission finds that the Application m~ts the orlteria of . the applicable codes and ordinances, to,the extent the Applioatlon is gllanted herein. / ' NOW, THEREFORE, BE IT R'SOLVED BY THE CITY COMMlSSION OF THE CITY OF AVENTURA. FLORIDA, THAT: Section 1. Modification of previous approvals to allow the ~xpanslon of an existing day-carelpre-schoollelementary school from an enrollment of 190 students to 250 students on that certain property legally described as follows: 232 P04 JlL 09 '03 13:05 . ...~..... "">J IVV ,~.&. I Tract 'N of AVENTURA JEWISH CENTER, Plat Book 137, Papa 53; Tract "1', Block 16 of REPIAT OF A PORTION ~F HALIANDALE PARK NO.8, Plat Book 40, Page 97; Tract "2' of IAURANNA, Pial Book 76, Page 31; and Lots 1, 2 and 4, Block 116, of REPLAT OF A PORTION OF HALLANDALE PARK NO.8, Plat Book 20, Page 49. Lying and being in Section 34, Township ~1 South, Range 42 East. aka Aventura Tumberry Jewish Center~ Beth Jacob Inc. 20400 NE 30 Avenue Is hereby approved such that Mlaml-Dade County Resolution No. 5-ZN3-407~94 shall be modified as follows: From: "2, That the day care/preschooVelementary school use shall be restricted to a maximum number of 190 children." To: '2. That the day care/preschooVelementary school use shall be restricted to a maximum number of 250 children." ;?ectlon 2. The City Manager is authorized to cause the Issuan~ of permits in aocordance with the approvals and conclitl0f18 herein provided and to ,Indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective Immedlaflely upon Its adoption. / "an No. 98, ((VI ~ - 232 P05 JUL 09 '03 13:05 The foregoing Resolution was offered by Colllllli.ssiouer , who moved its adoption, The motion was seconded by Viee Hayor Hol.zberg ; , and upon being put to a vote, the vote was as follows: Commissioner Arthur B.erger Commissioner Jay R. BE!skin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Roger$..ubert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder y~ abseuttrt.m the room yes- ; abSeii'tfrclID. the rOOm YmL- y.B5...- yes . PASSED AND ADOPTED this 1st" day of December, 1998. ATTEST: ~a.~ Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAl. SUFFICIENCY: ~~~ CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this..JJe... day pf 1flt7~tmk.1998. , , ~~ 'rx~ CITY CLERK RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MODIFICATION OF A PREVIOUS APPROVAL TO ALLOW THE EXPANSION OF AN EXISTING DAY -cARE/PRE-SCHOOUELEMENT ARY/MIDDLE SCHOOL FOR PROPERTY LOCATED AT 20400 NE 30 AVENUE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Aventura Turnberry Jewish Center-Beth Jacob, Inc., through Application No. 96-476 REV, is requesting a modification of previous approvals to allow the expansion of an existing day-care/pre-schoollelementary/middle school from an enrollment of 250 students to 400 students on that certain property located at 20400 NE 30 Avenue; and WHEREAS, the applicant has received previous Miami-Dade County approvals limiting the enrollment of the existing day-care/pre-school/elementary school through Resolution No. 4-ZAB-146-91 approved June 12, 1991 as further modified by Resolution No. 5-ZAB-407-94 approved October 26,1994; and WHEREAS, the applicant has received previous approval from the City Commission limiting the enrollment of the existing school through Resolution No. 98- 100 approved December 15,1998; 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: Resolution No.2003- Page 2 Section 1. Modification of previous approval to allow the expansion of an existing day-care/pre-school/elementary/middle school from an enrollment of 250 students to 400 students on that certain property legally described as follows: Tract "B" of AVENTURA JEWISH CENTER REPLAT, Plat Book 147, Page 63, Public Records of Miami-Dade County, Florida, lying and being in Section 34, Township 51 South, Range 42 East, less the right of way per Parcel 118 per State Road Department right of way aka Aventura Turnberry Jewish Center- Beth Jacob Inc., 20400 NE 30 Avenue is hereby approved such that Resolution No. 98-100 shall be modified to allow the expansion of an existing day care/pre-school/elementary/middle school from an enrollment of 250 students to 400 students, 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 , who moved its adoption. The motion was seconded by , 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 Resolution No,2003- Page 3 PASSED AND ADOPTED this 2nd day of September, 2003. Jeffrey M. Perlow, Mayor ATTEST: Teresa M. Soroka, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2003. Teresa M. Soroka, CMC, City Clerk CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, C' DATE: August 26, 2003 SUBJECT: Resolution Authorizing Approval of cal Law Enforcement Block Grant September 2, 2003 City Commission Meeting Agenda Item 1-C_ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution which approves the Local Law Enforcement Block Grant in the amount of $17,735. The Police Department is required to match funds in the amount of $1,971. BACKGROUND The Grant Funds would be used to fund a Direct Link System. This system allows both crisis negotiations and SWAT units the ability to establish a line of communication with barricaded subjects in an effort to bring an incident to a peaceful resolution. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01232,03 CITY OF AVENTUR~, POLICE DEPARTMENT FROM: MEMORAIIlDUM E<Ie M. Soroka, C; Y M&" Th as E. ibe, Chief of lie TO: RE: Local Law Enforcement Block Grant - FY 2003 DATE: August 22, 2003 Recently, we were given the opportunity to apply for funding through the LLEBG in the amount of $17,735, which application has been approved by the Bureau of Justice Assistance (BJA). Prior to our accepting any monies, there are several pre-requisites that must be met. One of which was establishing an Advisory Board to review and approve the application. This has been completed, The next step, is to hold a Public Hearing regarding the proposed use of funds prior to the BJA officially obligating the funds to us. The Department is required to match funds in the amount of $1 ,971.00; and, plans on utilizing the funding for a Direct Link System. This system allows both crisis negotiators and SWAT units the ability to establish a line of communication with barricaded subjects in an effort to bring an incident to a peaceful resolution. The system has the capability for covert video and audio, allowing us to process this information and make any type of dynamic entry safer for all of those involved, including the subject, with one of the highlighted features allowing us to direct all calls within an office building or school to the Direct Link. The system can also capture still photos allowing us to identify the subject, hostages and environment, print them out and pass that information on to SWAT members. The benefits that this system offers allows us to meet the objectives set forth by the Department Directives in resolving any crisis incident that would be encountered. The system is built for durability and has room for upgrading, ensuring years of quality service. I, therefore, respectfully request that this issue be placed on the September 2, 2003, City Commission Agenda in order to comply with the BJA requirements. CITY OF AVENTURA POLICE DEPARTMENT TO: FROM: RE: Local Law Enforcement Block DATE: August 22, 2003 We recently submitted an electronic application for the above-referenced federal grant to fund the Direct Link secure phone system for the Department. Today, we received electronic approval, and accepted, our request for funding in the amount of $17,735.00, with a match in the amount of $1,971.00, I have attached a hard copy print out of all documentation pertaining to this funding. I have tagged a block for your signature on the attached Award. Once this has been done, please return to me for final processing, at which time I will also forward a complete packet to Harry Kilgore for his reference regarding the parameters of this Award and drawdown procedures. Please note that a recent e- mail from the U.S. Department of Justice advised that we have 90 calendar days from the date of the Award (August 21, 2003) to submit a drawdown request otherwise the monies will be deobligated to the City. However, once we have presented at a Public Hearing during the September 2, 2003, City Commission Meeting, we can proceed and be well within the timeframe allotted. If you should have any questions, please call. TER:ph RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING APPROVAL OF LOCAL LAW ENFORCEMENT BLOCK GRANT; AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE APPROPRIATE GRANT DOCUMENTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the Local Law Enforcement Block Grant from the U. S. Department of Justice Bureau of Justice Assistance in the amount of $17,735 and authorizes the City Manager to execute any and all documents necessary to effect such grant. Section 2. The City Manager is hereby further authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner 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 2 PASSED AND ADOPTED this 2nd day of September, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M, SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms f) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of the Director Washington, D.C. 20531 August 21. 2003 Mr. Soroka City Manager, A ventura City 19200 West Country Club Drive Aventura, FL 33180-3195 RE: Fiscal Year 2003 Local Law Enforcement Block Grants Program Dear Mr. Soroka: I am pleased to infonn you that I have approved the application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2003 Local Law Enforcement Block Grants (LLEBG) Program in the amount of $17,735 for Aventura City. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. If you have any programmatic questions regarding this award, please contact BJA's Programs Office at (202) 514-6638, In addition, all financial questions regarding this award should be directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786. 1 look forward to a continuing partnership with A ventura City in furtherance of this important criminal justice program, Sincerely yours, ~ C. Camille Cain Acting Director Attachments f) U.S. Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 20531 August 21. 2003 Mr. Soroka City Manager, A ventura City 19200 West Country Club Drive Aventura, FL 33180-3195 Dear Grant Recipient: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 CFR sec. 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13. 14, and 15, as the grant goes forward, As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency. please forward a copy of such order or consent decree, as required by Assurance No, 14, to OCR at the V,S, Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N,W" Room 8136, Washington, D,C 20531. Additional Instructions For Grantees Receiving $500,000 Or More: 1. In accordance with Assurance No. 15, each grantee that receives $500.000 or more (or $1,000,000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address. I 2, Alternatively, the grantee may choose to complete an EEOP Short Form. in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-Step Guide to the Design and Development of an EEOP (which includes an EEOP Short Form) will assist you in completing this requirement. 3. Please be reminded that the above requirements apply to primary grantees and to each of their subgrantees or contractors that meet the criteria outlined in this letter, Therefore, all primary grantees should apprise subgrantees of these responsiblities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date of thei NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD. RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRA WDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under $500,000: 4. Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the NOTE: If agency has under SO employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days, 1 If you have already submitted an EEOP as part of another award from the Office of Justice Programs (alP) or the Office of Community Oriented Policing Services (COPS) within this grant period, or if you have certified that no EEOP is required. it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable. Additional Instructions For Grantees Receiving Under $25,000: 5, A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No, IS. No Certification is required. Instructions for All Grantees: 6, In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of OlP funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. 2 If you have any questions, please call OCR at (202) 307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: http://www ,ojp,usdoj,gov locr/. Sincerely, ~).~ Michael L. Alston Acting Director, Office for Civil Rights cc: Grant Manager Financial Analyst 2 The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964. 42 V.S.C. sec. 2000e. f) U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS AWARD II alP [J BIS Ix BJA C NU .~ OHDP :::J ove [!] GRANT n COOPERATIVE AGREEMENT PAGE 1 OF 7 CHECK APPROPRIATE BOX L GRANTEE NAME AND ADDRESS (Including Zip Code) AventurnCity 19200 West Country Club Drive Aventura. Fl. 33180-3195 4. AWARD NUMBER; 2003-LB-BX-0007 5. PROJECT PERIOD: FROM BUDGET PERIOD; FROM 10/0112002 TO 0913012004 10/0112002 TO 09130/2004 IA. GRANlEE IRSNENDOR NO. 650662615 6. AWARD DATE 0812112003 17..A~ION 'W Initial D Supplemental 2. SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 8. SUPPLEMENT NUMBER $0.00 $17,735 2A. SUBGRANTEE lRSNENDOR NO. 9. PREVIOUS AWARD AMOUNT 3. PROJECT TTI1..E FY 2003 Local Law Enforcement Block Grants 10. AMOUNT OF THIS AWARD Ill. TOTAL AWARD_ $17,735 12. SPECIAL CONDITIONS (Check, if applicable) i;;J L___ THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THEATIACHED 6 PAGES 13. STATUTORY AUTHORITY FOR GRANT :::J :::J -I LJ I ~- TITLE 1 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. 42 U.S.C. 3701, ET. SEQ., AS AMENDED TlTI...E 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 42 U.S.e. 5601, ET. SEQ., AS AMENDED VICTIMS OF CRIME ACT OF 1984, 42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 98~473, AS AMENDED OTHER (Specify): Fiscal Year 2002, Departments of Commerce, Justice, and Stale, Ihe Judiciary, and Related Agencies Approprialions Act (Pub. L. No. 107-77) 14. FUTURE ASCAL YEAR(S) SUPPORT: SECOND YEAR'S BUDGET PERIOD: AMOUNT OF FUNDS: THIRD YEAR'S BUDGET PERIOD: AMOUNT OF FUNDS: N/A N/A N/A N/A TYPE OF FUNDS: TYPE OF FUNDS: 15. METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIA A LETTER OF CREDiT AGENCY APPROVAL 16. TYPED NAME AND TlTI...EOF APPROVINGOJPOFACIAL C.CamiIleCain Acting Director Bureau of Jus lice Assistance DYES ~ NO GRANTEE ACCEPTANCE 18. TYPED NAME AND TlTI.E OF AUTHORIZED GRANTEE OFFICIAL Eric M. Soroka CilyManager 17. SIGNATURE OF APPROVING OJP OFACIAL 19. SIGNATURE OF AUTHORIZED GRANTEE 19A. DATE ~ AGENCY USE ONLY 21.L18MI4 1I02UOOOO7 20. ACCOUNTING CLASSIFICATION CODES ASCAL FUND BUD. DiV. YEAR CODE ACT. OFe. REG. SUB. POMS X B Ll80oo00 OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE (t) u.s. DEPARTMENT OF JUSTICE OFFICE OF ruSTICE PROGRAMS [J OJp [!] BJA ! OlIDP D BJS [J NU --l OVC ~ AWARD CONTINUA TION---r SHEET =:!J GRANT PAGE 2 OF 7 COOPERATIVE AGREEMENT CHECK APPRQPRIA TE BOX PROJECT NUMBER: 2003.LB-BX..()()()7 AWARD DATE 08/2112003 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (DIP) Financial Guide. 2. The recipient agrees to comply with the organizational audit requirements of OMB Circular, A-133, Audits of States, Local Governments and Non-Profit Organizations. as further described in DIP's Financial Guide, Chapter 19. 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CPR 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 4. The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds, pursuant to section 101(g) ofH.R. 728. l04th Congo (1995), 5. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2003.LB-BX-0007 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 6. The recipient agrees to provide information required for any national evaluation conducted by the U.S. Department of Justice. 7. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, as described in the applicable purpose area of Subpart A section 101(a)(2) of H.R. 728, l04th Congo (1995), that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform non.administrative public safety service. If the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, the unit of local government will establish procedures to give members of the Armed Forces who, on or after October 1, 1990, were or are selected for involuntary separation (as described in section 1141 of Title 10, United States Code), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.c. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel. OIP FORM 400012 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE II) u.s. DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET C OJP [!] BJA C OJJDP ':!J GRANT C BJS C NIl 0 ove L COOPERATIVE AGREEMENT PAGE 3 OF 7 CHECK APPROPRIATE BOX --j----AWA-jill DArn 0812112003 ! PROJECf NUMBER: 2003-LB-BX-0007 SPECIAL CONDITIONS CONTINUED 8. The recipient agrees this award document constitutes the obligation of federal funds for use by the recipient in execution of the program or project covered by the award. Such obligation may be terminated without further cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special conditions within 45 calendar days from the date of award. 9. The recipient agrees to submit the Request for Drawdown via the Internet system within 90 calendar days from the date of award, or to have all federal funds deobligated for redistribution during the next funding cycle. 10. Local recipients agree to one 24 month obligation and expenditure period, as established at the approval of the Request for Drawdown. All funds must be expended by the end of this 24 month period with no exceptions. 11. The recipient agrees to provide and expend a 10 percent cash match (calculated as 1/9 of the federal award amount) before the end of the 24 month obligation and expenditure period. The recipient is reminded that the matching funds are subject to audit under Special Condition #2 and will be binding to the recipient. Program income/interest earned on Federal funds may not be considered as part of recipient's 10 percent cash match. 12. Local recipients are required to establish a trust fund account. This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the 24 month period. Grant funds (including any interest earned) not expended by the end of the 24 month period must be returned to the Bureau of Justice Assistance (BJA) by the end of the 27th month, along with the final submission of the FinaIlcial Status Report (SF-269A). 13. The recipient agrees to submit one final progress report via the Internet system at the end of the 24 month obligation and expenditure period. 14. The recipient agrees, if funds are used by the recipient or subrecipient for enhancing security and/or crime prevention programs, that the recipient or subrecipient - - (a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101(a)(2), on the incidence of crime in the geographic area where the enhancement is undertaken; (b) will conduct such an assessment with respect to each such enhancement; and, (c) will submit to the Bureau of Justice Assistance (BJA) an annual written assessment report. L _J OIP FORM 400012 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE f) u.s. DEPARlMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS :::J OlP [;;l B1A [J BIS ~ NIl [j OJJDP Dove AWARD CONTINUATION SHEET ~ GRANT LJ COOPERATIVE AGREEMENT PAGE 4 OF 7 CHECK APPROPRIATE BOX PROJECT NUMBER: 2003-LB-BX-0007 AWARD DATE 08nJ/2003 SPECIAL CONDITIONS CONTINUED 15. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence Systems. 16. The recipient agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant functs, either directly by the recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the recipient agrees to first determine if any of the following activities will be related to the use of the grant funds. The recipient understands that this special condition applies to its following new activities, whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: 1. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a lOO-year flood plain; 3. A renovation, lease. or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household. recreational, or educational environments. Application of This Special Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipient's existing programs or activities that will be funded with these grant funds, the recipient, upon specific request from BlA, agrees to cooperate with BlA in any preparation by BlA of a national or program environmental assessment of that funded program or activity. 17. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.ojp.usdoj.gov/ec/states.htm OlP FORM 400012 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE lfi) U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS ~ OJp '!J BJA D enDP L BJS ~ NU D OVC AWARD CONTINUATION SHEET '~ GRANT L COOPERATIVE AGREEMENT PAGE 5 OF 7 PROJECf NUMBER: CHECK APPROI'RIATE_B~i 2003-LB-BX-0007 : AWARD DATE 08/2112003 SPECIAL CONDITIONS CONTINUED 18. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, at least one (1) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification to BJA, via the Internet system, of the public hearing. At the hearing, persons shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s) of the grant funds. The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 19. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, a previously designated or newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the advisory board to make nonbinding recommendations on the use(s) of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following, though it may be broader: a) the local police department or sheriffs department; b) the local prosecutor's office; c) the local court system; d) the local school system; and, e) a local nonprofit, educational, religious, or community group active in crime prevention or drug use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 20. The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2003, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-273), as of the date of this application. This provision requires that the unit of local government which employs a public safety officer (as defined by section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while on duty. 21. The recipient agrees that funds provided under this award may not be used to operate a "pay-to. stay II program in any local jail. The recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. OIP FORM 400012 (REV. 587) PREVIOUS EDmONS ARE OBSOLETE ,- t) u.s. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS [J OJp I;'i BJA L OJJDP D BIS D NIJ U ave AWARD CONTINUATION SHEET =:!J GRANT [J COOPERATIVE AGREEMENT PAGE 6 OF 7 CHECK APPROPRIATE BOX PROJECT NUMBER: 2003-LB-BX-0007 AWARD DATE 0812112003 SPECIAL CONDITIONS CONTINUED 22 . Mitigation of Health, Safety, and Environmental Risks a. General Requirement: The grantee agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and the disposal of the chemicals, equipment, and wastes used in or resulting from the operations of these laboratories. b. Specific Requirements: The grantee understands and agrees that any program or initiative involving either the identification, seizure, or closure of clandestine methamphetamine laboratories, hereafter referred to as the "Program", can result in adverse health, safety, and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment; and (4) the immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and wastes from a seized laboratory's operations are placed or come to rest. Therefore, the grantee further agrees that in order to avoid or mitigate the possible adverse health, safety, and environmental impacts of its Program, it will (1) include the nine, below listed protective measures or components within its Program; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this grant agreement; and (3) implement these protective measures throughout the life of this grant agreement. In so doing, the grantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractors, or other qualified third parties. 1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the grantee to either the seizure or the closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the Program with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; OIP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE ICD U.s. DEPARTMENT OF JUSTICE OFFICE OF JUSTlCE PROGRAMS =:J OJP ::!J BJA il OJIDP C BJS D NU C ave AWARD CONTINUATION SHEET [!] GRANT ~ COOPERATIVE AGREEMENT PAGE 7 OF 7 CHECK APPROPRIATE BOX PROJECT NUMBER: 2003-LB-BX"()()()7 AWARD DA 1E 08/2112003 SPECIAL CONDITIONS CONTINUED 5. Employ qualified disposal contractors to remove all chemicals and associated glassware. equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter.agency agreement or other form of commitment with a responsible state environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing state and federal requirements; and 9. Include among the personnel involved in seizing clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any of the offender(s)' children or other children present or living at the seized laboratory site. Response actions should include. at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow.up medical tests, examinations, or health care. c. Additional Requirements: As part of the Request for Drawdown process, the Grantee shall submit a brief description of its project sufficient for the Office of Justice Programs (OJP) to determine whether any additional compliance with federal environmental statutes and regulations needs to occur prior to the issuance of LLEBG funds. Furthermore, once LLEBG funds are issued, the Grantee shall notify OJP if the project changes significantly from the description in the Request for Drawdown, or if significant new information is revealed during the course of the expenditure of LLEBG funds so that OIP can determine whether any additional environmental analyses need to be completed. OlP FORM 400012 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE 08/14/2003 14:17 FAX I(lJUU", August 14,2003 City of Aventura A IT: Joanne Carr Community Development Dear Joanne; ~ )IOu are aware Aventuras Finest Hand Car Wash is supposed to move to its new aod perm"neJlt location at Harbour Centre Parlcing Garage. at the end ofSeptemba 2003. As)lOu lIIId all of your stafflmows, Harbour Centre was supposed to finish their construction 5ix months ago. Harbour Centre construction has not been under my control and it has been impossible for me to accelerate their project. You should recall that we met with Edith, who is in charge of Harbour Centre completion, and she indicated to you and to me that it will take approximalely four more IIlOnths for completion. We as A ventura Finest Hand Car Wasb have patiently waited until Halbour Centre finally received their Tca (temporary certificate of occupancy-end of July). Imroedialelyafter, we have submitted plans to Dade County fur approvals after you revised them on the necessary improvements and facilities to operate our business at Harbour Centre. We believe that the City of Aventura will understand that en extension, not to exceed 180 days, is needed to finalize the remaining improvements that we were unable to perfonn before Harbom Centre had received their TCO. I IhaIlk )IOu in advance for the &uppOrt you give to my petition as well for the support and understanding of all the COIlUlIissioners to this matter. . /~--/ GUlllermo Freile S. President (AFHCW) C.C.: City Mayor City Manager All City Commissioners MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI.DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she Is the VICE. PHESIDEN'r, Legal Notices of tne Miami Daily ~uslness Review f/k/a Miami Review, a daily (except Saturday, Sunday and legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - DEVELOPMENT AGREEMENT WITH MERCO GROUP AT AVENTURA LANDINGS I, INC., ETC. in the XXXX Court, was published in said newspaper in the issues of 07/1812003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County. Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or Sh~, as neither paid nor promised any person, firm or corporation a~ dl count, ,rebate, ~ommission or r~fun? f~r the purpose o s ring thIs -advertIsement for publication In the saId ;X':1 l' /-~ ~-> k ~~..,:,.~ Sworn to and subscribed before me this 18 (SEAL) ~y p MARIA I. MESA ~.~. SOOKIE WILLlI ~~ .. .. r a ~~"C.QM~~lON # CC 885640 t~IRl:'S"'March 4, 2004 State of Florida Bonded Thru Notary Puhlic Underwriters . Cll'YOF AYEIIIURA ....ICIIO'IICE NoIic8I1~d"ClIIIaf_'-IO_a~ 89___.... Men:o ~alA~~.I,~, MorooGloup at AvenluI'1IlandIngo 1I;1nc. and ~ GrouP at A......landIngo III. lne. on, ~...... 2, 2OQ3 at 6:OQ.p.in. atlhll CIty of A_ G0vern- ment CenIar; 1l1'ZOO ~CounlIy Cd> llItve, AWriunI, F1Ortdli, :13180, The _of the land sUbj8c:\1o the' PftllloMd d8>e1apinent lIgIMmOt1l is thai certain pan:aikx:al8d aI.the /lllIlIhleSl, ~and, ~ _ of lhlllnlan8l:lkll\6r~_cWt al\d 1IIe CUmllll and1Ulut8 NE 185 Slnlelln lhll CIty of A'f8i1tu1a lhO tegal ds"'iI>lIu, oflhllland II as f_: Tract A: A portion oflhll soUthwest 'hot F.-llic:tionS, Township 52 South, Range 42 Easl, MIamI-Dade County, FIortcIa Tracl B: A portion oflhll_ % of F.- Section 3; T_Ip52_,Range4,2llasl.c~CounIy . Tract C: A portion oftheeut %of".oul"'-" ~ofl'le_tIOUlhII8It 14 of the souttMest % of FraCtionllI Section 3. Township 52 South. Range 42 East, MIanlI-Da!Ia CounIy . . All lying at lhll inIerseclion orNE 28 Court and NE 185 SInost In theCltyofAvenlura Ths Developmenl ~ rIl;lIes to a propossd _ project to be _ uniIer lhll Clty's RMF4 zOfing dislricl ragulallons, wIIh 62 townhome ynits, 205 condominium units and 13.8 Ioft-slyle apartment units. fora totaIaf4ll5l81k$n11al units. The _WIll have 131,645 square feet of total building _awlth a maximum heigIIt 013 slorios or 35 feet; the condominium building wi. have 293,881 square feet of 1oIa1 buildingareswillH. __ """height of 18 stories or 188'6"; a"" the tofts buIldlng"'l have 199,331 0qUare feel oIloIal widing area and a rnaxinun IGof haighl of 13 _ or 206'10". A copy of lhll propossd llslIlllo_d Agrean1er!lia _ _ lhll 0Ilice oIlhll CltyClert<, 19200 WesI Counlly Clubllltve,_r8;1'IorIda, TerOsa M. Soroka. CMC, City Cieri< 03-4-54/380651 M 7/18 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA, PUBLIC HEARING 9/2/03 APPLICANT: HARBOUR CENTRE AT AVENTURA in the XXXX Court, was published in said newspaper in the issues of 08121/2003 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-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, co . sion or refund for the purpose of securing IS adv emen for publication in the said newspap (SEAL) OFFlCtAL NOTARY SEAL JAJ:'I,rn WRENA 1Im'I'A'~'htl1ltfC'S1'~E OF FLORIDA COMMtsSJON NO, CC 912958 MY COMMtSSION EXP. NE 23 2004 O.V. FERBEYRE . ern' OF AVEII'IUIIA llaIe and Time of Public _Ing: TlIOIldlly; Soptsmber 2, 2003 ~:OOp.m. Harllour Centre alAvenlura The applicant is Alquestil'G ths fcIIowing: Applicant Nama: ,Appllcanra ~t .A Vartanca from Section 31.191- (gK2)(d) of ths.Ctty's Land Deve~ ojJmant Ragulallons to alow a wa. sign on a t)uikting etevation that faces an adjacent reskientially zoned property within 300 laot 01. tha aJevation. Application Number: . LocallonofSubJoclPr_rty. Legal Oeacrlp1lon: 03-S\!.()3 18851 NE291hAvenue Tract "A" of Halbour Centre ac:conl-' ing to the plat thereof, as recorded in Plat Book 158.1 Page n of tho Pul>. lie Records of Miami.Oade County, Florid.. ,SizeoISubjoclPr_rty; 3.8488 acres Plans are on file and may be examined during regular business hours in ,the~ity of Aventura Government Center, 19200 West Country Club: Olivo, Avenlura, Floride 33180. Plans may be mOdified at or belore the, Public Hearing. The application may cha~e during the hearing process. The PUblK: Hearing will btl held at City of Aventura Government Center, 19200 West Country Club Drive, Aventura. F10rida 33180. Your: comments may be made In person at the hearingorfiled in writing prior to: \he hearing dale. Rsfer to aPi>licanllproper\y on correspondence and mail same to City of Avenlura Govemment Center, Community Develop-' ment Departmenl, 19200 W811 Coonby Club Drive, Aventura, Florida' 33180. Forlurther informetion. please coU (305) 408-8940. In accordance with ths Ainericans with Disabilities Act of 1990, au' 'persons who a.. dlsablod 8!lCI who n80d special accommodatIonS to. . participats in Ihia' proceeding because of that ~lsabUity should contact, . the Offics of \he City'CIeIlt, ~901, not'laterlhan two business ~,days prior to such proceedings. tl a person decides to appeal any_ made by the City COmmission with respect to any matter conaidered' at a meeting or hearing, that: : person wiN need alKOOf of the proceedings and, lorsuch purpose, may need to ensu.. that a verbalimlKOOf of \he proceedIngs IS made, which record i_ ths leslimony end evkIencs upon which tho appeal Is to I be based. 8/21 Teresa M. _a, CMC, CUy Cieri< Q;l-3.,l!Q/389057M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared a.v. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING 9/2/03 APPLICANT: NORTHERN TRUST BANK in the XXXX Court, was published in said newspaper in the issues of 08121/2003 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-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami.Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thi dvertis r publication in the said newspaper. 21 (SEAL) OFFICtALNOTARYSEAL JANFIT LLERENA O.V. FERBEYRE per ~~C'!lrATE OF FLORIDA COMMlSSlON NO. CC 912958 MY COMMISStON EXP. NE 23 004 It......... '-'.' '\:~.,,~ CITY~ AVENTUIIA Dal8 and Time of Public Hearing: TUllday, Stptember 2, 2003 6:00 p.m. AppIlcant N.....: Applicant.. Rsque.t: Northem Trust Bank The applicant is requesting the following: AppllcaUon Numbet: .. A VariallC!B from Section 31.191- (9K2)(b) Of the City's Land Deve~. opment Regulations to allow two (2) wall Signs within 300 feet ofa. residentially zoned property" where wall signs are not pennltted.' . A Variance from Section 31.191- (gK2Kb) Of the City's Land Deve~ opment Regulations to allow a pri- maI}' and secordal}' wall sign to be 35 square leet each, where the secondary sign is required to be fit.. ty (50) peroent of the square loot. age of the primal}' sign. . 02-sv-03 LocaUo..of Subject Property: 18909 NE 2lith Avenue Legel Description: Tract P of lh8 Plat of Marina Del Rey Reviled. actordng 10 the plat there- Of as recoitIed in Plat Book 144 at Page 89 of the Public Reconls 01: Mierni-Dedll County, Florida . I 1.57aa8S ! Size of Subject Property: Plans are on file and may be examined during .lar business- hours in . the City Of Aventura Government Center, 19:jOO West Counby Club Drive, Aventura, Florida 33180. Plans may be rtlodified at or before the Public Hearing. The application may ~nge durililg the hearing process. The Public Hearing will be held at City of Avenll'ra Government Center, 19200 West Countl}' Club Drive,' Aventural Florida 33180. Your. comments may be made in person atthelMiaring orfiled in writing prior to the hearing date, Refer to applicant/prl:lpsrty on qorrespondence and mail same 10 City of Aventura Government Center. Oommunily DeveIopmsnt Department. 19200 West Country Club Driv.,1ventura, Florida 33180. For lurtherinfonnalion, pleaaecell (305l<l66-8""f" ' . In ~ ... the __ with Di"_ Act of 1990, al penons wI10 .. _led ard wI10 .- spe\:ial accommodations to pertlcipate in this pnxeeding becauae of that d"bIity _ contact the 'blIice of the CltyClort<, 305 1lMl8801. not Ieter!than...,._ days prior 10 such proceeding.., i I II a parson decides to appeel any decision madaiby the City CommisSion ' with respect to any matter considered at a ~ting or hearing, that .:. parson will need a record of the proceedings ~,Ior suell purpose, may need to ensure thai a verbatim record at theproc;eedings is ma::le, which' 'reCOrd includes the leetimony ard evidence upop wtllch the appeal is to . .be based. 8121 T......M. SoroI<a. CMC, c:j1yCIeri< '. _g~3-el/389058M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING 9/2/03 APPLICANT: INVESTURA, LLC / 05,CU,03 in the XXXX Court, was published in said newspaper in the issues of 08/21/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County I Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, r ate, com . sion or refund for the purpose of securing s adve men for publication in the said newspap , 21 (SEAL) OH'lCIAl. 1\ 5 L ]ANElT LLERENA ~'!''I>/Jai'1l: Sf ATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. NE 23,2004 . I CITY OF AVEII"ft$A NonCEOFPUBUCH~NG I Tuesday, Sepl~mber 02, 2003 6:00 p,m. ' . I Invsslura, LLC I 05-CU-03 I Too appllcanl ~ requesting Conditional Use appryval; to per:mit the f~lCJWinQ'-, u~ for ~pta.jm Marina Lofts deve\os>-; ment proJect: I I Date and Time of Public Heartng: Applicant Nama I Number: Appllcanrs Roquost: . A height of 11 jstories or 129 feet for the . residential building; and . Architectural estgnstandards other than the itonanoan design loa- w.... req ired by Section . 31-143(0)(6)( ) of the City's umd' Development egutations; and . /Ii. transfer of density for 0.344 acres from a parcel f land to be conveyed to ==tional, rocreationalOf Part of 3; Township 52 South, Range421!a I, City of Avonlu1a, Mia- mi-Dado Cou ty, Florida Slzo 01 Subjecl Pr_rty: ~imatOty .638 aCres locationOfSUbjec:tPr-'l: :io29NE 188 : . Pmns are on file ai1d may be.~ dU$' W' business hours in the City of Avontura Gove,""",:", Conter, ity llovoIopmont oe. partrnent, 19200 Wesl CounIrY Club Drive, A ra, FIarida. 33180. Plans may be modiflOd at Of b8Iont the Public '. The application may chango during the hearint~. ! The Pubilc Hearing wiA be OOId ot City of Av ra Goverrvnonl Conter, ; 19200 West Country Club Drive, Aventura, F 33180. Your como,: menta may be made in person at the ~ or I~ in writing prior to the . hearing dote. R_ to appllca~ on . end mail sarno to City of Avontura Government Conlol, Community Devolopment DepartmonLAvenlura, FIoIida, 33180. Fcrfu~~.pIea..cal, (305) 466-8940. I . 'In accordance with tho Americans _ ~ Act of 1990, a. per-' ,IOOS who are disabled and who need speclaI~mlldationa to partici- pate in this proceeding because oflhat d ' _ conIlIct the OffICe: of tho City CIertt, 305-466-8901, not later than business days prior to : 'such proceedings, " il a person docIdos to appeal ony docision ma~ by tho City Commission' _ rospoctto any ~rconsidorod ata meotIt1g Of hoaring,lhal person i wiA IlMd a record of tho procoodings and, IOf such purpose, may IlMd to. ensure that a verbatim. roccrd of tho ~ is mado, which record . InCludes tho testimony and evIdenc8 upon wlilch the appeal is to be based,. I ' lOgal Description: 8/21 Toresa "" Soroka, CMC, CityCior1<' 03-3-621389064M , MIAMI CAlLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA, PUBLIC HEARING 9/2/03 APPLICANT: VENAVENTURA, LLC / 06,CU-03 in the XXXX Court, was published in said newspaper in the issues of 08121/2003 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-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, reb , commission or refund for the purpose of securing this vertise ublication in the said newspaper" (SEAL) OFFICIAL NOTARY SEAL on<lllv knol.llNm"LLERENA NarARypUiiLIC Sr ATE OF FLORIDA COMMISSION NO, CC 912958 MY COMMISSION EXP, NE 23,2004 O.V. FERBEYRE pe .! CI1'YOFA~ IIOYICE OF PUBUC ",NG I T_y,Septs~2,2OO3 ' 6:00 p.m. . I . Venaventura, LLf / 06-CU-03 I The applicant~"S uesting Conditional Usa approval permit !he following uses for The m at Avemura deve).;: . opment project: 1 i ': Date Ind Time 01 Public Hearing: Applicant Namo J Number: Appllcanl's Request: 'Legal _crlptlon: . A height of 11 tories or 135 feet for I the reskiential b 0 iog; and ! . Architectural d ign standards other 1 than.!he Medite nean design features required by . 31-143(gK6Ka) of; !he City's Land eIopmenl Regula- tions. and . A trinsfer@fdltyforl'216acres from a pan:aI ci nd to be CClllVeyed to, the City for adu tialal, recreational or cu.....Ipu. . Part of 5ectIon~' Township 52 South, Range 42 Eas.t, City of Aventura, Mia- mi-Dade Coun , Florida. ' ~matsly '.424acres SlzoofP~: !LocalIon Of Subject "'-"Y: . . . . . . Plans are on file and may be examined durIitg the City of Aventura Government Centsr, 1 ,Drive, Aventura, Florida 33180, Plans moy be ,Public Hearing. The appltcation may change duri The Public Hearing wiH be held at City of AVe$tu Goverm1ent Centsr, 19200 west Counby Club Drive. A_. 33180. Your corn- , menls may be made in person al the hearing or . in wrtting prior to the hearing dats. Refer to appIicanUproperty on ~spondence and mail same to City ci Aventura Government Centsr, munity Development Department, 19200 West Country Club Drive, A entura, FIoMa 3311' Forfurtherinfonnation,pIeasecaIl(305)~ ' In accordance with t'1e Americans with Di&abi~" s Act of 1990. at! per- 'sons whO ara disabled and who need special modations. to partici- 'pate in this proceecling because of thatdisabitity s Id contact the OffICe of !he City Clerk. 305-466-8901, not Iatef lIllV1 busInass days prior to such proceedings. I isIf a person decides to appeal a~ydecision ma~"e y the C~ Commission i. with respect to any matterconsKlered at a meeti or hearing, that person will need a record of the proceedings and. for sue purpose, may need to I ensure that a verbatim record of the proceed" is made. which fecorcl includes the testimony and evidence upon whO h the appeal is to be, based. I T......M..$oro!<... a, CMC., City Clerk: 8/21, L ... _O;l-3-631~89Q65M' MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared a.v. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami.Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA, PUBLIC HEARING 9/2/03 APPLICANT: MERCO GROUP AT AVENTURA LANDINGS I, INC., ETC. in the XXXX Court, was published in said newspaper in the issues of 06/21/2003 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-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, re ate, commission or refund for the purpose of securing t " adve. ent r publication in the said newspaper 21 OFFICIAL NOTARY SEAL O.V. FERBEYRE person lIy known IMlIPT LLERENA NOTARY PUBUC Sf ATE OF FLORIDA COMMISSION NO. CC 912956 MY COMMISSION EXP. NE 23,2004 '.f'" .',. ;,.;.,......,.. __n.o. ..,~~~r..l . ~:. 2.2003 ,~,t,.;' alAventura Landings 1,1nc. . alAventura Landings II, Inc. alAIIIlIOurllLandings 1II.lnc. is requesting the following: Applicant Name: AppHcanl's RoqUNt: . V~fNrns.giPI'-31_:r=' JaoftheCity'sLanddeve~. opmenl'RegtllaIlons to slow front, side and rea'~ ,yard setl>;!d<s; and .' ' . . Viwtance-from Section 31.143 f)(3)a to allow a reduced tot_ size for townhomes; and . Variancs from Section 31-17 (bX2) to ]lOnnll two Interior parking spaces foreoch town ; and . Variancs from $oction 31-1 3)1> to allow a building hoighllhat creates e shadow 0 adjacent property: and . Varjancs fromSoc;lion 31-172 c) to allow driveway sopara- lions of loss than 150 fool of scapod frontage: and . Al!andonmont of that portion the 70 fool wide right-of-way,' ofNE 28 Court ruming soulll NE 185 Stroot approximately' 450f<Jottoitssoutl1ol1y .. , AppII_Nu_: LocalIon ofSUbjocl "'-4': NE 28 Legal D'L_~ - IOU may contact the Development Dspartmont pIote legal doecr1plion. ; SIze of Sub).... Property: Approxl ately 9,02 acras (including righl-of ay requested 10 be : ab ) Plans are on flte and may be examined du ng regular business hours in the.City of A......... ~ Center 19200 W. Country Club Drive. Aventura, Florida 33180, Plana ma be modlfted II or bofote the : ~-.g,Tb..~ljc;Itionmey duringlhe-.a_ f The Public _11!l.will b\I held at CIty of : 19200 W. CWnlrj Club Drive, A [comments maVbe made In penon lllhe the I1IarIng _, ReIer to : mal same IoC!IY ofAvenlunl Government menlDspartmenl, 19200 W. Country 33180, Forfurlherinformation, pIoalecol( . ra Government Center, ,Florid. 33180. Your, ring or tII!lCIln WItlIng prior to on~and, -, CommunilyDeveIop- i b Drive, Aventura, Floride . ) 466-8940. Iln accordance with the ,Americans with &abilities Act of 1990, all persons who are. disabled ana who need special accommodations to ; participate In this proceeding bocaUS8 of 1 disability should contact . the OffICe of the City Clerk. 305-466-8901 not later than"two business days prior to such proceedings. If a _ decides to appeal enydsclsion with respect m LIly matter considered a ptKSOI\ will need al1lC<ll<l of the proceed' need to snsol8lhat a verbatim I1lC<lI<I of I1lC<lI<I includss the Iestimony and bebasod, by Ihe CIty Commission . a meeting or hearing, that and, for such purposo, may proceedIngS is mads, which upon which the appeal is to M. Soroka, CMC, City Cieri< : 03-3-64/389067M 8121 ~ht illami Htrat~ ImBII Published Dallv MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: FRANK TOMASINO Who on oath that he is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade county, Florida; that the advertisement for City Of Aventura was published in said newspaper in the issue of: Miami Herald, local section Monday, July 28th, 2003. 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 mall 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 ~ ud A.D. 2003 ;(~ ~~. ~, Lisa Ann Hernandez ;) ~....~v't::'L,~ Lisa Ann Hernandez iW(}wnml...... 00000617 =~ = BIpIroo ,.... 11,2005 "'-"ll . _ "'"' ""I;ff. - l!oodbor 00. lac. 900 West 49th Street, Suire 500, Hialeah, Florida 33012 )KNIGHTRIDDER) CITY OF AVENTURA NOTICE OF AMENDMENT OF COMPREHENSNEPLAN AND NOTICE OF AMENDMENT TO OFFICIAL ZONING MAP Public Notice is hereby given that the City of Aventura City Commission will meet in a public hearing on Tuesday, September 2, 2003 at 6:00 p,m, to consider final adoption of the following ordinances on second reading: 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 ON NE 28 COURT AT NE 185 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE. 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) .. ]11.-- 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 property location) The. Public Hearing will be held at, City of Aventura' Government Center,'19200 West Country Club Drive, Ave8tura, Florida, 33180, The proposed Ordinances may be inspected by the pubiic at the Office of the City Clerk, .19200. West Country Club Drive, Aventura, Florida. . Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinances. In accordance with the Americans with Disabilities Act of '1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is . maoe, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, CMC, City Clerk