07-01-2003AT ntC
Jeffrey M. Perlow, Mayor
Zev Auerbach
Jay R. Beskin
Ken Cohen
Bob Diamond
Manny Gros~man
Harry Holzberg
Eric M. Soroka
C~_tv
Teresa M. Soroka, CMC
City Attorney
Weiss Serota Heffman
Pastoriza & Guedes
LOCAL PLANNING AGENCY
AGENDA
JULY 1, 2003 - 6 PM
19200 West Count~ Club Drive
Aventura, Florida 33180
CALL TO ORDER~ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: May 6, 2003 LPA Hearing
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING
ORDINANCES:
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.
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.
5. ADJOURNMENT.
This meehng 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 pafficipate in this meeting because of that disability should contact the Office of the City Clerk,
305466-8901, not later than ixvo days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventom
Local Planning Agency with respect to any matter considered at such meeting or hearth8 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 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item
should contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be in
MINUTES Government Center
LOCAL PLANNING AGENCY 19200 W. Country Club Drive
MEETING Aventura, FIoriria 33180
MAY 6, 2003 6 PM
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin,
Ken Cohen, Bob Diamond, Vice Mayor Manny Grossman, Mayor Perlow, City Manager
Eric M. Soroka, and City Attorney David M. Wolpin. Commissioner Harry Holzberg and
City Clerk Teresa M. Soroka were absent. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Norman Leopold led the pledge of allegiance.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the March 11,
2003 LPA Hearing was offered by Commissioner Cohen, seconded by
Commissioner Diamond and unanimously passed.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-143(g) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICTS (RMF3B)" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PROVIDE OPPORTUNITY FOR HEIGHT BONUSES,
TRANSFER OF DENSITIES AND LOT COVERAGE CREDIT WHERE
DEDICATIONS FOR CERTAIN PUBLIC LANDS ARE PROVIDED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption of the ordinance was offered by Vice Mayor
Grossman and seconded by Commissioner Cohen. Joanne Carr, Planning
Director, addressed the Commission. Mayor Perlow opened the public hearing.
There being no speakers, the public hearing was closed. The motion passed (5-
1 ) by roll call vote with Commissioner Beskin voting no.
Se
ADJOURNMENT. There being no further business to come before the Local
Planning Agency, the meeting adjourned.
Approved by the LPA on
Teresa M. Soroka, CMC, City Clerk
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
City Commission ~,.~
Eric M. Soroka, 1~2f'.~-C~
City Manager ~.
Joanne Carr, AICP(-.~_
Planning Director
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 J Jr ~r
July 1, 2003 City Commission Meeting Agenda Item __
September 2, 2003 City Commission Meeting Agenda Item __
RECOMMENDATION
It is recommended that the City Commission:
1. Approve the small scale Comprehensive Plan amendment to change the land use
designation of three tracts of land on NE 28 Court totaling 8,36 acres from Business and
Office to Medium High Density Residential; and
2. Approve the transmittal of the amendment to the Florida Department of Community
Affairs and other state agencies pursuant to Chapter 163, Florida Statutes.
THE REQUEST
The applicant is requesting a small scale Comprehensive Plan amendment to change the
land use designation of three tracts of land on NE 28 Court totaling 8.36 acres from
Business and Office to Medium High Density Residential to facilitate a rezoning of the
parcels from B2 (Community Business District) to RMF4 (Multifamily High Density
Residential District). (See Exhibit #1 for Letter of Intent)
The 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
Ill, Inc.
Tract A 28-2203-000-0271 3.09 acres
Tract B 28-2203-000-0284 3.61 acres
Tract C 28-2203-000-0231 1.66 acres
NAME OF APPLICANT
Ben Fernandez for Merco Group at Aventura
Landings I, II and III, Inc.
LOCATION OFPROPERTY
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
requested to be abandoned)
right of way
DESCRIPTION/BACKGROUND
The site is comprised of three tracts of land in the same ownership, divided by the NE 28
Court road allowance. Tracts A and B lie to the west of the road and Tract C lies to the
east. Tracts A and B formedy 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 o¢ 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
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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:
Business and Office
Business and Office
Medium High Density Residential
Medium High Density Residential
Business and Office
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
B2, Community Business District
B2, Community Business District
RMF4, Multi-Family High Density Residential District
U, Utilities District and
RMF3, Multi-Family Medium Density Residential District
B2, Community Business District
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
vacant, under remediation
commercial
residential
utility station and residential
commercial
Access - Access to each parcel is from NE 28 Court.
Conformity to City Comprehensive Plan - The amendment is consistent with the goals,
objectives and policies of the City's Comprehensive Plan. More specifically, the proposal
is consistent with the following policies in the Future Land Use, Transportation, Parks and
Recreation and Coastal and Conservation elements of the Plan:
4
Future Land Use Element
Policy 8.2 Applications to amend the City's Future Land Use Plan map shall be
evaluated to consider consistency with the Goals, Objectives and Policies of all
Elements, other timely issues, and in particular the extent to which the proposal, if
approved, would:
1. Satisfy a deficiency in the Plan map to accommodate projected
population or economic growth of the City;
Recent population figures provide information that the City is continuing to
grow and the median age is growing younger. Demand for housing is
therefore increasing. The residential use and mix of different housing types
in this development will accommodate projected population growth.
2. Enhance or impede provision of sen/ices at adopted LOS Standards;
Traffic - The traffic generation table provided later in this report supports the
proposed amendment in that a decreased projected vehicle trips per day
enhances the provision of traffic services. The extension of Miami Gardens
Drive through the site will enhance traffic flow in the southern part of the City.
Water- The intensity of a maximum 2.0 FAR of commercial uses as
currently permitted is decreased with the proposed amendment. Therefore,
provision of services will be enhanced.
Sewer- The intensity of a maximum 2.0 FAR of commercial uses as
currently permitted is decreased with the proposed amendment. Therefore,
provision of services will be enhanced.
Mass Transit - A bus transit facility is located at Aventura Mall,
approximately .60 mile from the subject properties. The proposed
residential development will be required to provide pedestrian linkage to
County and City transit services that are safe and convenient to transit
users.
Parks and Recreation - The City presently exceeds LOS standards for park
space. Additionally, the subject properties are within walking distance of
both Founder's Park and the City's Community Recreation Facility.
Stormwater Drainage - The intensity of a maximum 2.0 FAR of commercial
uses as currently permitted is decreased with the proposed amendment.
Therefore, provision of services will be enhanced.
5
Solid Waste - The intensity of a maximum 2.0 FAR of commercial uses as
currently permitted is decreased with the proposed amendment. Therefore,
provision of services will be enhanced.
3. Be compatible with abutting and nearby land uses and protect the
character of established neighborhoods; and
The proposed amendment is compatible with abutting and nearby land uses
and, not only protects, but is anticipated to enhance the character of the
neighborhood. Properties to the east and south are developed as residential
uses and this amendment will form a natural transition from business uses to
the west to existing residential uses to the east.
4. Enhance or degrade environmental or historical resources, features or
systems of significance.
The proposed amendment will enhance the environmental systems in that
the applicant is remediating an existing contaminated site prior to
development, to the benefit of all surrounding land uses.
Policy 8.3 The City shall strive to accommodate residential development in suitable
locations and densities which reflect such factors as recent trends in location and
design of residential units; projected availability of service and infrastructure
capacity; proximity and accessibility to employment, commercial and cultural
centers; character of existing adjacent or surrounding neighborhoods; avoidance of
natural resource degradation; maintenance of quality of life and creation of
amenities.
The proposed amendment will accommodate residential development in suitable
locations and densities; accommodate projected availability of service and
infrastructure capacity; accommodate proximity and accessibility to employment,
commercial and cultural centers; accommodate character of existing adjacent or
surrounding neighborhoods; accommodate avoidance of natural resource
degradation; accommodate maintenance of quality of life and creation of amenities.
Policy 10.1 Aventura shall facilitate redevelopment of substandard or
underdeveloped areas, high intensity activity centers, mass transit supportive
development and mixed use projects to promote energy conservation.
The proposed amendment will facilitate redevelopment of an underdeveloped area.
Policy 12.1 All proposed Comprehensive Plan amendments that increase density
(population) shall be required to submit, at the time of application, an analysis of
the impacts of the proposed amendment upon the evacuation routes and
evacuation times as included within the South Florida Regional Hurricane
Evacuation Study, April, 1996, or as may be amended from time to time.
6
Policy 12.2 The City shall not approve any Comprehensive Plan amendment that
increases density (population) and results in evacuation times exceeding 12 hours.
Address Lot Size Increase in Population Overall Increase
Density Factor in Population
Tract A 3.0910 ac 45 du/ac 1.79 249
Tract B 3.6137 ac 45 du/ac 1.79 291
Tract C 1.6623 ac 45 du/ac 1.79 134
NE 28 roadway 0.6518 ac 45 du/ac 1.79 52
Totals 9.02 ac 726
The South Florida Regional Planning Council has prepared an analysis of the
impacts of the proposed amendment upon the evacuation routes and evacuation
times using the 1996 South Florida Hurricane Evacuation Study Model. It was
determined that the increase of 405 dwelling units resulting from the proposed
amendment will increase the clearance time by eight (8) minutes. That additional
time increases the present evacuation time of 11.41 hours (11 hours and 24
minutes) to 11.54 hours (11 hours and 32 minutes).
Transportation Element
Policy 1.5 The City will develop transportation management strategies, such as
(but not limited to) 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 mu/ti-modal transportation system.
The proposed amendment, and associated rezoning and road extension will
provide an important transportation link with provision of sidewalks on both sides of
the road with pedestrian safety. The proposed residential development will be
required to provide pedestrian linkage to or transit service facilities that are safe
and convenient to transit users.
Policy 4.3 Transit sen/ice shall be linked to major trip attractors and generators and
the transportation disadvantaged. Transit sen/ice shall be located such that they
are safe and convenient to transit users.
This new residential development will be required to provide pedestrian linkage to
or transit service facilities that are safe and convenient to transit users.
Policy 4.7 Transit shelters, according to the City's approved design, shall be
provided at the time of development by the property owner.
Transit shelters, according to the City's approved design, will be provided by the
owner at the time of development.
7
Policy 5.1 In co-ordination with the Miami-Dade Metropolitan Planning Organization
and the Florida Department of Transportation, rights of way acquisition timetables
and protection mechanisms will be established for the eastedy 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
Policy 4.1 The City adopts a level of service requiring 2.75 acres of net useable
park land per 1,000 residents, implemented by the concurrency management
system.
The estimated current population for the City of Aventura is 27,000. 405 additional
dwelling units results in a population increase of 726 people as shown in the table
above. The amount of park and recreation land required by this park standard is
76.24 acres. The existing available park and recreation land, using the
calculations provided in the Level of Service Standards, is 106 acres. Therefore,
no deficiency exists nor will be proposed amendment create a deficiency in this
standard.
Conservation and Coastal Management Element
Policy 9.2 The City shall maintain the adopted levels of service on the local
roadways based on the future land use plan to achieve a reasonable evacuation
time.
The traffic generation table provided later in this report supports the proposed
amendment in that a decreased projected vehicle trips per day enhances the
provision of transportation (traffic) services, thereby maintaining the adopted levels
of service on local roadways to achieve a reasonable evacuation time. The road
extension through the site completes a part of a new link in the evacuation route.
Urban Design Element
Policy 1.7 The location of parking, curb cuts, walkways, bike lanes, signage,
lighting and landscape treatments shall be co-ordinated to provide maximum user
safety, while improving the comprehensive aesthetic appearance of Aventura.
8
The applicant will be required, through the site plan review process, to locate parking,
curb cuts, walkways, bike lanes, signage, lighting and landscape treatments to maximize
user safety and improve the aesthetics of the City.
Traffic Generation - The applicant's traffic engineers have prepared traffic generation
information relative to existing permitted land uses and the proposed amendment.
Applications Area Land Use Category PM Peak Hour
Driveway Trips
Existing Land Use Business & Office 1,311
Designation (all office use)
Business & Office 1,073
(all retail use)
Business & Office 1,973
(office, hotel, retail uses)
Proposed Land Use Medium High Density 185
Designation Residential
As can be seen from the table above, the proposed residential land use designation will
have significantly less impact on the City's road network as compared to the existing
business and office land use designation.
School Impacts - The application has been provided for comment to the Miami Dade
County School Board in accordance with the Interlocal Agreement entered into between
the City and the Board in February of 2003. The Interlocal Agreement provides that the
School Board must first advise what options it has identified to meet the anticipated
demand and, then, if the affected schools are at more than 115% capacity, the School
Board will ask the applicant and the City to meet with it in a collaboration meeting to
discuss additional options to relieve overcrowding. This is the first development for which
the City was required to follow this process.
The School Board's letter of April 7, 2003 is attached as Exhibit #6. It notes that the public
elementary, middle and high schools affected by this development are currently operating
at 184%, 171% and 145% respectively of FISH capacity and that the proposed
development will increase those capacities to 202%, 174% and 147% respectively. It
identifies three school construction projects that may serve all or a portion of this area,
however, school boundaries have not yet been established and the Board gives no
assurances that the new projects will help to alleviate the impacts of this development. It
has also provided a list of approved charter schools within the County that may provide
capacity relief but does not count any of that capacity towards satisfying the impacts of the
development. The Board's recommendation is that the applicant, the City and the School
Board meet to discuss options and alternatives.
This is the action specified in the Interlocal Agreement and the applicant is willing to enter
into such discussion, however, the Agreement also provides that the School Board first
advise what options it has identified to meet the anticipated demand. City staff has asked
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
BERCOW & DELL
DIRECT LINE: (305) 377-6220
E-Maid: 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
Re: Aventura Landings (01-SP-03)
Dear Ms. Carr:
EXHIBIT #1
01-CPA-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 28t~ 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.
Ms. Joanne Cart
June 6, 2003
Page 2
The Applicant will proffer a Declaration of Restrictions in Lieu of
Unity of Title tKat 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 town_home owners from converting garage area into habitable space.
As we stated in our April 24, 2003 amended letter of intent,
approval of the Application as amended would not be detrimental to the public
welfare or injurious to other property since the proposed project will be
compatible with the surrounding area. For all of the foregoing reasons, we
request your favorable review and recommendation with respect to the
Application.
CC:
Mr. Homero Meruelo
Mr. Jesus Velez
Jorge Mouriz, AIA
Ed Llorca, AIA
Omar Armenteros, P.S.M.
Manuel Echezarreta, P.E.
Henry Fandrei, P.E.
BERCOW ~ RADELL
BERCOW RADELL
DTRECT LTNE: (305) 377-6220
E-Mail: 3 bercow@BRZoning Law.com
VIA HAND DELIVERY
April 24, 2003
Ms. Joan.ne Carr, Director
Community Development Department
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Re: Aventura Landings (01-SP-03) /~F- ~/4d- [
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 28t~ 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 28m Court and NE 185m Street. The Applicant's
architects have submitted a revised site plan dated April 23, 2003 to your offices
under separate cover.
Ms. Joanne Carr
April 24, 2003
Page 2
The Property consists of three separate parcels: Tract A, north of
future NE 185m Street and west of NE 28th Court; Tract B, located south of future
NE 185th Street and west of existing NE 28m 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 185t~ Street, and a
mid-rise, contemporary style tower that is compatible with the rhythm and fabric
of other similarly sized structures in the immediate vicinity and throughout the
City of Aventura. The roof of the parking structure will be fully landscaped and
will feature a pool with a deck and recreational facilities.
On Tract C, the Applicant is proposing to develop an 11 to 13 story
condominium building featuring 138 loft-style units with 16'8 feet high ceilings
and ranging from 1120 square feet to 1430 square feet in size. This building will
provide an appropriate land use and buffer from the FPL substation immediately
east of Tract C, and will be further separated from the townhomes on Tract B by
a proposed private roadway to be located in the right-of-way of existing NE 28th
Court.
The Applicant will proffer a Declaration of Restrictions in Lieu of
Unity of Title that will ensure that the Property is considered one parcel for
zoning purposes and that limits the density of the Property to 46 dwelling units
to the acre. A copy of this proffered Declaration is enclosed with this letter. The
Applicant will provide to staff and the City Attorney's office a fully executed
Declaration with all appropriate joinders prior to second reading of the
ordinances adopting and approving the land use amendment and rezoning.
Variances. The Applicant is requesting the following variances
from the City of Aventura Land Development Regulations.
1. Townhome Setbacks. A variance is requested in order to allow
the proposed 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
BE. RCOW & RADF_LL
M~. Joanne Cart
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. CFhe 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 28~h 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
BERCOW ~ RADF_LL
Ms. Joanne Cart
April 24, 2003
Page 4
Landings project. A copy of TAP's analysis of the driveway separation will be
provided under separate cover.
4. Lot Size. The minimum lot size for townhouses being developed
pursuant to the RMF3A zoning regulations, as permitted by the RMF4 zoning
provisions, is 1,600 square feet. All of the exterior lots proposed for Tract B meet
or far exceed this requirement. However, fifteen of the interior lots, or less than
one-quarter of the total number of townhomes, will require a variance of the
minimum lot size. However, if these townhomes were to be developed under
the RMF3B zoning regulations, the minimum lot size would be a 20 foot width
by a 60 foot depth, or 1,200 square feet. All of the proposed 62 townhome lots far
exceed this requirement. Moreover, the average lot size for all 62 townhome lots
is 2,221.85 feet (See Table on Sheet SP-la of Site Plan). This variance is necessary
in order to provide luxury-style townhomes, instead of another high-rise tower,
in a visually pleasing urban environment.
5. Garage Side Setback - Tract C. The minimum side setback in the
RMF4 zoning district is 25 feet. Although the proposed structure located on
Tract A complies with this and all other applicable setbacks, the parking garage
located on Tract C has a ten foot setback on the east side of the Property. It is
important to note that Tract C is bordered on the east by the FPL substation, and
that only the parking garage component of the loft building to be constructed on
Tract C encroaches within the required setback area. The main building, by
contrast is setback 110'8" from the east property line and 135 feet from the front
property line. This setback variance is necessary in order to mitigate the visual
and other impacts of the FPL substation upon the views of the future residents of
Tract C.
Applicant presently is negotiating for a license agreement with FPL
in order to relocate FPL's existing fence 20 feet to the east, and to provide
enhanced landscaping on the west 20 feet of the FPL property. As a result,
Applicant will be creating a 30 foot wide landscape buffer area on the property
line separating Tract C from the FPL property, with a ten foot strip of
landscaping being planted within Applicant's east side setback area and the
remainder of the thirty foot buffer area being planted on FPL's property. We
believe such action substantially mitigates any impact of this setback variance.
Hardship. Section 31-76(e) of the Code requires that the Applicant
demonstrate that there is a hardship justifying the variance requests. The
Aventura Landings project is well within the maximum allowable density in the
proposed land use designation and zoning district. However, the Aventura
B~..RCOW & RADF_.LL
Ms. Joanne Carr
April 24, 2003
Page 5
Land Development Regulations do not address or anticipate Applicant's
proposed new urbanism traditional neighborhood town_home 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
BF. RCOW ~,, RADF-.LL
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 requi~ed 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.
BERCOW & EADE. LL
Ms. Joanne Carr
April 24, 2003
Page 7
Road Vacation. The Applicant is also requesting that a portion of
NE 28th Court be vacated in order to develop in accordance with the proposed
plan. The proposed closure will result in a public benefit as currently NE 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 1854 Street
extension. However, as noted on the Site Plan, this roadway will remain a
private drive in order to provide ingress and egress to the future residents of
Tracts B and C.
Miscellaneous. Applicant's transportation engineer, Transport
Analysis Professionals, has submitted under separate cover a traffic study
showing compliance with all City requirements. Prior to City Commission
hearing we will provide the required mailing labels for mailed notice to
surrounding property owners. We 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.
Comvliance with City of Aventura Comprehensive Plan. The
Application is consistent with Policy 1.1 entitled Medium-High Density category
as the total dwelling units per gross acre do not exceed sixty (60) dwelling units.
Policy 5.1. After having submitted the site plan for review through
the Design Review Committee process the site plan has been revised in order to
ensure that the proposed uses and structures are compatible with all proximate
land uses. Factors such as noise, lighting, shadows, glare, vibration, odor, run-
off, access, traffic, parking, heights, bulk, scale of architecture elements,
landscaping, buffering and safety have all been addressed, as applicable.
Policy 4.7. The Applicant will comply with all transit shelter
requirements, as necessary, at the time of development.
Policy 9.2 Coastal Management Element According to information
provided by the Community Development 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 ~ RADF_.LL
Ms. Joarme 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, AIA
Ed Llorca, AIA
Omar Armenteros, P.S.M.
Manuel Echezarreta, P.E7
Henry Fandrei, P.E.
BERCOW ~ RADELL
BROWARD COUNT~
DADE COUNTY
IVES DAIRY RD,
Hosp#al
Center
- WATERWAYS
Promenade
Shops
201 TER,
AVENTURA '
Station Library
Aventura Police
Aventura Mall
.3ity of Aventura
192 ST.
~DR.
CIRCLE
NAY
Shoppes 207 ST.
CLUI~'DR.
Turnberry Isle
Resort & Club
192 ST.
MIAMI
GARDENS DR,
Fashion
Island
188 ST.
SITE
Little Williams
Maule Sound
Lake
/
/
Dumfoundting / ~
Bay / ···
/ ·
Atlantic
Ocean
/
/
LEGEND
Roadways
...... City Boundary
...... ZIP Code Boundary
........... Railroad
EXHIBIT #3
01-CPA-03
MARCH 14, 2003 DRAb-'r
DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is made and entered
into as of the day of ,2003 by and between the
City of Aventura, Florida a municipal corporation, ("City") and MERCO GROUP
AT AVENTURA LANDINGS I, INC., MERCO GROUP AT AVENTURA
LANDINGS II, INC. AND MERCO GROUP AT AVENTURA LANDINGS III,
INC. (collectively "Owner").
RECITALS:
WHEREAS, the Owner owns the property, consisting of
approximately 9.02 gross acres of land (the "Property"), the legal description of
which is attached hereto as Exhibit A; and
WHEREAS, the Owner has proposed in the Application to develop
the Property with the planned uses (the "Project") described in Exhibit B
attached hereto; and
WHEREAS, the Owner has filed applications for development
approvals relating to the Property, including an application to amend the City of
Aventura Comprehensive Plan, an application for rezoning, an application for
site plan approval, an application for various variances required to develop the
Project, and an application to close a portion of NE 28th Court (the
"Applications"), with the City's Community Development 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 ufility 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. 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 with_hold 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
ff 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:
With a copy to:
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
City Attorney
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
If to Owner at: MERCO Group Inc.
5101 Collins Avenue
Miami Beach, Florida 33140
With a copy to:
Jeffrey Bercow, Esq.
Bercow & Radell, P.A.
200 S. Biscayne Boulevard
Suite 850
Miami, Florida 33131
Notices personally delivered or sent by overnight courier shall be
deemed given on the date of delivery and notices mailed in accordance with the
foregoing shall be deemed given three (3) days after deposit in the U.S. mails.
The terms of this Section 21 shall survive the termination of this Agreement.
19. Construction. (a) This Agreement shall be construed and
governed in accordance with the laws of the State of Florida. All of the parties to
this Agreement have participated fully in the negotiation and preparation hereof;
and, accordingly, this Agreement shall not be more strictly construed against any
one of the parties hereto. (b) In construing this Agreement, the use of any gender
shall include every other and all genders, and captions and section and
paragraph headings shall be disregarded. (c) All of the exhibits attached to this
Agreement are incorporated in, and made a part of, this Agreement.
20. Severabili_ty. In the event any term or provision of this
Agreement be determined by appropriate judicial authority to be illegal or
otherwise invalid, such provision shall be given its nearest legal meaning or
construed as deleted as such authority determines, and the remainder of this
Agreement shall be construed to be in full force and effect.
21. Litigation. In the event of any litigation between the parties
under this Agreement for a breach hereof, the prevailing party shall be entitled to
reasonable attorney's fees and court costs at all trial an appellate levels. The
terms of this paragraph shall survive the termination of this Agreement.
22. Time of Essence. Time shall be of the essence for each and
every provision hereof.
23. Entire Agreement. This Agreement, together with the
documents referenced herein, constitute the entire agreement and understanding
among the parties with respect to the subject matter hereof, and there are no
other agreements, representations or warranties other than as set forth herein.
This Agreement may not be changed, altered or modified except by an
instrument in writing signed by the party against whom enforcement of such
change would be sought and subject to the requirements for the amendment of
development agreements in the Act.
24. Force Majeure. Any prevention, delay or stoppage due to
st-rikes, 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"), sh~ll 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.
Print Name:
Print Name:
By:
Print Name:
Title:
WITNESSES:
Print Name:
Print Name:
MERCO GROUP AT AVENTURA
LANDINGS II, INC.
By:.
Print Name:
Title:
WITNESSES:
Print Name:
Print Name:
MERCO GROUP AT AVENTURA
LANDINGS III, INC.
By:_
Print Name:
Title:
Attest:
CITY OF AVENTURA, FLORIDA
By:.
By:
Theresa Soroka, Clerk Eric Soroka, City Manager
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
[INSERT LEGAL DESCRIPTION FOR AVENTURA LANDINGS PROPERTY]
EXHIBIT B
PROJECT LAND USES, DENSITIES AND INTENSITIES
The Project includes the following described development, permitted on the
Property as described in Exhibit A attached to the Agreement.
Townhome Parcel. (South of Proposed NE 185m Street and west of
current NE 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 28~h 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 185m Street and east of current NE 28~h
Court). This parcel is 1.952 acres in size. Proposed development of
this parcel is for 138 loft-style apartment units under the RMF4
zoning district regulations. Proposed maximum height is 13 stories
or 206' 10".
Outparcel. (South side of NE 185th Street, on northwest side of
Townhome Parcel). The outparcel is .284 acres in size. No
residential or other habitable development area is proposed for this
parcel. Subject to approval by the City Commission, the Owner
may install landscaping, a water feature, or other decorative
elements on this parcel.
EXHIBIT C
LIST OF REQUIRED DEVELOPMENT PERMITS
Department of Environmental Resource Management Permits
Miami-Dade County Public Works Department Permits
Miami-Dade Water and Sewer Authority Department Approval and permits
South Florida Water Management District Permit (Storm Water Management)
Full Building Permits, covering
Foundation
Electrical
Plumbing
Mechanical and Cooling Towers
Elevator
Fire/Life Safety Systems
Roofing
Glazing (Windows and Doors)
Stair and Balcony Railings
Signs
Certificates of Use and Occupancy
Such other permits as may be required by Federal, State and local law.
EXHIBIT D
PUBLIC FACILITIES
The Project will be serviced by those roadway transportation facilities
currently in existence as provided by State, County and local roadways. The
Project will also be serviced by public transportation facilities currently in
existence, as provided by Miami-Dade County, the Florida Department of
Transportation, and such other governmental entities as may presently operate
public transportation services within the area of the Project. Sanitary sewer,
solid waste, drainage, and potable water services for the Project shall be those
services currently in existence and owned or operated by Miami-Dade County,
and/or the Miami-Dade County Water and Sewer Authority Department. The
Project shall be serviced by those existing educational facilities owned or
operated by the Miami-Dade Public Schools District, and shall be serviced by
those existing parks and recreational facilities located in Aventura owned or
operated by the United States Government, by the State of Florida, by Miami-
Dade County, and by the City.
The Project will also be serviced by any and all public facilities, as such are
defined in Section 163.3221(12) of the Act, that are described in the City's
Comprehensive Plan specifically including but not limited to those facilities
described in the Comprehensive Plan's Transportation, Infrastructure, and
Capital Improvements Elements. A copy of the Comprehensive Plan is available
for public inspection in the offices of the City's Community Development
Department.
This instrument was prepared by:
Name: Jeffrey Bercow
Address: Bercow & Radell, P.A.
200 South Biscayne Blvd., Suite 850
Miami, FL 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIONS
IN LIEU OF UNITY OF TITLE
(Residential)
KNOW ALL BY THESE PRESENTS that the undersigned Owner hereby makes, declares and
imposes on the land herein described, these easements and covenants running with the title to the
land, which shall be binding on the Owner, all heirs, successors and assigns, personal
representatives, mortgagees, lessees, and against all persons claiming by, through or under them;
WHEREAS, the undersigned Owner holds the fee simple title to the land located in the City
of Aventura in Miami-Dade County, Florida, described in Exhibit "A," attached hereto, and
hereinafter called the "Property,' which is supported by the attorney's opinion attached as Exhibit
'B,' and
WHEREAS, Owner is desirous of developing the Property for residential purposes and wants
to assure the City of Aventura that the integrity of the large scale development will be built in
accordance with the proffered plans, and
WHEREAS, Owner may wish to convey portions of the Property from time to time, or may
wish to develop the same in phases or stages, or may wish to offer the units as condominiums and
is executing this instrument to assure the City that the development will not violate the Code of
Aventura when it is so developed, and
WHEREAS, Owner intends to develop some or all of the buildings on the Property for sale
to multiple owners or in a condominium or association format of ownership and/or in two or more
phases,
-EXHIBIT #5
01-CPA-03
NOW THEREFORE, in consideration of the premises, Owner hereby freely, voluntarily and
without duress agrees as follows:
This agreement on the part of the Owner shall constitute a covenant running with the land
and will be recorded, at Owner's expense, in the public records of Miami-Dade County,
Florida, and shall remain in full force and effect and be binding upon the heirs, successors
and assigns of the respective parties hereto, until such time as the same is released in
writing as hereinafter provided.
The Property will be developed in accordance with the site plan entitled, "Aventura
Landings", prepared by Mouriz/Salazar Architects dated last revised on June 6, 2003. No
modification shall be effectuated without the written consent of the then owner(s) of the
phase or portion of the property for which modification is sought, and the City Manager.
The City Manager's approval determination shall be made pursuant to section 31-79(j) of
the City's Land Development Regulations. Should the City Manager withhold such
approval, the then owner(s) of the phase or portion of the Property for which modification is
sought shall be permitted to seek such modification by application to modify the plan or
covenant at public hearing before the City Commission.
If the subject property will be developed in phases, that each phase will be developed in
accordance with the approved plan, except as otherwise modified pursuant to section 31-
78(k)(3)b.2 of the City's Land Development Regulations.
In the event of multiple ownerships subsequent to site plan approval, that each of the
subsequent owners shall be bound by the terms, provisions and conditions of this
Declaration of Restrictions in Lieu of Unity of Title. The Owner agrees that he or she will
not convey portions of the Property to such other parties unless and until the Owner and
such other party (parties) shall have executed and mutually delivered, in recordable form,
an instrument to be known as an 'easement and operating agreement' which shall contain,
among other things:
a. Easements in the common area of each parcel for ingress to and egress from the other
parcels;
b. Easements in the common area of each parcel for the passage and parking of vehicles;
c. Easements in the common area of each parcel for the passage and accommodation of
pedestrians;
d. Easements for access roads across the common area of each parcel to public and
private roadways;
e. Easements for the installation, use, operation, maintenance, repair, replacement,
relocation and removal of utility facilities in appropriate areas in each such parcel;
f. Easements on each such parcel for construction of buildings and improvements in favor
of each such other parcel;
2
Easements upon each such parcel in favor of each adjoinin§ parcel for the installation,
use, maintenance, repair, replacement and removal of common construction
improvements such as footings, supports and foundations;
h. Easements on each parcel for attachment of buildings;
Easements on each parcel for building overhangs and other overhangs and projections
encroaching upon such parcel from adjoining parcel such as, by way of example,
marquees, canopies, lights, lighting devices, awnings, wing walls and the like;
j. Appropriate reservation of rights to grant easements to utility companies;
k. Appropriate reservation of rights to road rights-of-way and curb cuts;
I. Easements in favor of each such parcel for pedestrian and vehicular traffic over
dedicated private ring roads and access roads; and
Appropriate agreements between the owners of the several parcels as to the obligation
to maintain and repair all private roadways, parking facilities, common areas and
common facilities and the like.
These provisions or portions thereof may be waived by the City Manager if they are not
applicable to the subject property. The provisions of the easement and operating
agreement shall not be amended without prior written approval of the Office of the City
Attorney. In addition, such easement and operating agreement shall contain such other
provisions with respect to the operation, maintenance and development of the Property as
to which the parties thereto may agree or the City Manager may require, all to the end that
although the Property may have several owners, it will be constructed, conveyed,
maintained and operated in accordance with the approved site plan and in a coordinated
and unified manner.
This Declaration shall be in effect for a period of 30 years from the date the documents are
recorded in the public records of Miami-Dade County, Florida, after which time they shall
be extended automatically for successive periods of ten years unless released in writing by
the owners and the City Manager, acting for and on behalf of the City of Aventura, Florida,
upon the demonstration and affirmative finding that the same is no longer necessary to
preserve and protect the Property for the purposes herein intended.
Enforcement of the declaration shall be by action at law or in equity with costs and
reasonable attorney's fees to the prevailing party.
No combination shall be approved where approval would allow a violation of any other
provision of this chapter.
The maximum residential density on the Property shall not exceed 45 dwelling units per
gross acre.
10.
11.
12.
13.
14.
As further part of this agreement, it is hereby understood and agreed that any official
inspector of the City of Aventura, or its agents duly authorized, may have the privilege at
any time during normal working hours of entering and investigating the use of the premises
to determine whether or not the requirements of the building and zoning regulations and
the conditions herein agreed to are being complied with.
The provisions of this instrument may be released, amended, or modified from time to time
by recorded instrument by the then Owner or Owners of all of the Property, with joinders
by all mortgagees, if any, provided that the same is also approved by the Mayor and City
Commissioners of the City of Aventura, after public hearing.
Should this Declaration of Restrictions be so released, amended or modified, the Director of
the Community Development Department, or his or her successor, shall forthwith execute a
written instrument effectuating and acknowledging such modification, amendment or
release.
Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the
other provisions, which shall remain in full force and effect.
All rights, remedies and privileges granted herein shall be deemed to be cumulative and the
exercise of any one or more shall neither be deemed to constitute an election of remedies,
nor shall it preclude the party exercising the same from exercising such other additional
rights, remedies or privileges.
In the event of a violation of this Declaration, in addition to any other remedies available,
the City of Aventura, is hereby authorized to withhold any future permits, and refuse to
make any inspections or grant any approval, until such time as this Declaration is complied
with.
This Declaration shall be recorded in the public records of Miami-Dade County at the
Owner's expense.
[Execution pages follow]
Signed, sealed executed and acknowledged this
WITNESSES:
Print Name:
day of ,2003.
MERCO GROUP
LANDINGS, I, INC.
By:
Print Name:
Print Name: Title:
AT AVENTURA
WITNESSES: MERCO GROUP AT AVENTURA
LANDINGS, II, INC.
By:
Print Name:
Print Name:
WITNESSES:
Print Name:
Title:
MERCO GROUP
LANDINGS, III, INC.
By:
Print Name: Print Name:
Title:
Print Name:
AT AVENTURA
STATE OF FLORIDA~
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
., 20 __, by ., who is personally known to
me or who has produced as identification and who did take/did not take
an oath.
NOTARY PUBLIC:
Sign
Print
State of Florida at Large (Seal)
My Commission Expires:
Administrative Director
Ana Rijo-Conde, AICP
April 7, 2003
Ms. Joanne Carr, AICP, Planning Director
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
Re: Aventura Landings
NE 28 Court and NE 185 Street
Miami-Dade County School Board
D~ Michael M. Krop, Chair
Dr. Robert B. Ingram, Vice Chair
Agustin J. Barrera
Frank J. Bolaf~os
Frank J. Cobo
Perfa Tabares Hantman
Betsy H. Kaplan
Dr. Marta P~rez
Dr. Solomon C. Stinson
Superintendent
of Schools
Merrett R. Stierheim
Dear Ms. Carr:
Pursuant to the state-mandated and School Board approved Intedocal Agreement, local
government, the development community and the School Board are to collaborate on the
options to address the impact of proposed residential development on public schools where
the proposed development would result in an increase in the schools' FISH capacity
(permanent and relocatable), in excess of 115%. This figure is to be considered only as a
review threshold and shall not be construed to obligate the governing agency to deny a
development.
Attached please find the School District's review analysis of potential impact generated by
the above referenced application. Please note that all o the impacted school facilities meet
the referenced review threshold. The proposed [esidential 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 affeoted area that meet the review threshold.
Please note that S/S "PP1" and SIS "RR1" 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 of this general area,
the attendance boundary have not yet been established. As such, assurances cannot be
provided by the School District that the proposed school will help to alleviate the impacts of
the proposed development.
EXHIBIT #6
01-CPA-03
Facilities Planning · ~450 N.E. 2nd Avenue, Suite 525 · Miami, Florida 33132
305-995-7280 · FAX 305-995-7295 · www. facil, dade.k~2.fl, us
Ms. Joanne Carr
April 7, 2003
Page Two
Aisc, 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 for your consideration and continued partnership in our mutual goal to
enhance the quality of life for the residents of our community.
Coordinator III
PG:am
L-953
Attachment
CC:
Ms. Ana Rijo-Conde
Mr. Fernando Albuerne
Mr. Ivan Rodriguez
Ms. Vivian Villaamil
SCHOOL IMPACT REVIEW ANALYSIS
APPLICATION:
REQUEST:
ACRES:
LOCATION:
NUMBER OF
UNITS: 380 units
ESTIMATED
STUDENT
POPULATION: 156 students*
ELEMENTARY: 84
MIDDLE: 38
SENIOR: 34
Aventura Landings
Land use change from Business and Office to Residential and a
rezoning from B2 (Community Business) to RMF4 (Multi-family High
Density)
.72 acres
NE 28 Court and NE 185 Street
SCHOOLS SERVING AREA OF APPLICATION:
ELEMENTARY: Ojus Elementary - 18600 W. Dixie Hwy.
MIDDLE: Highland Oaks Middle - 2375 NE 203 St.
SENIOR HIGH: Dr. Michael M. Krop Senior- 1410 NE 215 St.
* Based on Census 2000 information provided by the Miami-Dade County Department of
Planning and Zoning.
The following population and facility capacity data are as reported by the Office of
Information Technology, as of October, 2002:
STUDENT FISH DESIGN % NUMBER %
POPULATION CAPACITY UTILIZATION OF UTILIZATION
PERMANENT FISH DESIGN PORTABLE FISH DESIGN
CAPACITY STUDENT CAPACITY
PERMANENT STATIONS PERMANENT
AND
RELOCATABLE
Ojus Elem 902/ 355 254%/ 134 184%/
986* 278%* 202%*
Highland Oaks 2385/ 1121 213%/ 270 171%/
Middle 2423* 216%* 174%*
Dr. Michael M. 3556/
Krop Sr. 3590*
* includes proposed development
2366 150%/ 79 145%/
152%* 147%*
ADDITIONAL SCHOOL INFORMATION: The following information was provided by school
site personnel or other data sources in October 2002:
O/us Elementary:
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-instructional space utilized for
instructional purposes:
Teachers required to floatJtravel:
In each classroom, in special
computer labs and media center
None
Platinum Award for being an "A"
School and Superintendenrs
Recognition Award
Before/After school care
Enrichment classes
Begins at 10:15 a.m.
Cafeteria, Library, Art Room, Music
Room and AV Room
Art, Music, Spanish S/SL, CCHL
and ESOL
Highland Oaks Middle:
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-instructional space utilized for
instructional purposes:
Teachers required to float/travel:
Dr, Michael M. Krop Senior High:
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-instructional space utilized for
instructional purposes:
In each classroom, special
computer labs and Media Center
Cafeteria and Media Center
"A" School
None
Begins at 11:28 a.m.
Auditorium and Media Center
Gifted Science
In each classroom, in special
computer labs and Media Center
None
Seaman's Award for the AP Test
Scores in Math and Science
Magnet programs, Vocational
Begins at 10:18 a.m.
Art Gallery, Storage rooms, Offices
and Resource rooms
Teachers required to float/traveh Social Studies
PLANNED RELIEF SCHOOLS IN THE AREA (information as of March 2003):
School Status Occupancy Date
State School "PPI" Planning N/A
State School "RRI"
State School "D"
Site Search N/A
In Progress
Site Search N/A
In Progress
OPERATING COSTS: According to Financial Affairs, the average cost for K-12 grade
students amounts to $5,833 per student. The total annual operating cost for additional
students residing in this development, if approved, would total $909,948.
CAPITAL COSTS: Based on the State's April-2003 student station cost factors*, capital
costs for the estimated additional students to be generated by the proposed development are:
ELEMENTARY 84 x $13,185 = $1,107,540
MIDDLE 38 x $15,118 = $ 574,484
SENIOR 34 x $20,005 = $ 680,170
Total Potential Capital Cost
$2,362,194
* Based on Information 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)
Note: There are two application that is pending which would generate 174 students.
TOTAL 7005 20 7025 4203 535 148%
AVENTURA.xls Updated 4/7/2003
z
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 Desi.qnation. The future
land use map designations of three tracts of land described as Tracts A, B and C on
Exhibit "A" to this ordinance, totaling 8.36 gross acres located on NE 28 Court and
having Folio Numbers 28-2203-000-0271, 28-2203-000-0284 and 28-2203-000-0231
are hereby changed from Business and Office to Medium High Density Residential.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Comprehensive Plan. It is the intention of the
City Commission and it is hereby ordained that the provisions of this Ordinance shall
Ordinance No. 2003-
Page 3
become and made a part of the Comprehensive Plan of the City of Aventura and that
the Future Land Use Map of the Comprehensive Plan may be revised so as to
accomplish such intentions.
Section 5. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs and other agencies as
provided under Chapter 163, Part II of the Florida Statutes.
Section 6. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Robert Diamond
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as
follows:
Commissioner Zev 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.
ATTEST:
JEFFREY M. PERLOW, Mayor
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
4
Exhibit A to Ordinance No. 2003-
LEGAL DESCRIPTION:
Tract A:
The North 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-Dada
County, Florida being more particuloHy 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
Fractional section 3; thence N 89-59'25# W, along the South llne of the Northeast 1/4 of the Southwest 1/4 of
the Southwest I/4, of 'said Section 5, for 80.21 feet; thence N 0'01'45" E for 510.86 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
SouthessteHy, along a circular curve to the left (concave .to the Northeast), having o radius of 694.69 feet and
a central angle of 0'6'`30# for an arc distance of 1.51 feet to a point of tangency; thence S 89'58'15" E, along
a line parallel with and 20.00 feet South of as measured at Hght angles to. the North line of the South 1/2 of
the Northwest I/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 5. for 4;31.94 feet; thence
S 0'00'¢5# W, along the Westedy Hght-of-way line of NE 28th Court end its Southefiy
in Official Records Book 6088, Page 160 of the Public Records of Miami-Dada County, prolongation as recorded
Florida, for 760.62 feet;
thence N 8g'$g'25' W, along a line parallel with and 44g.91 feet South of, as measured at fight angles to the
North fine of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 'of said Section 5, for 346.87
feet; thence N 0'46'52' w
· . _ _, a~ong the East llne of the Southwee't 1/4 of the Southwest 1/4, of said Section 3,
for ¢49.95 feet to the POINT OF BEGINNING, lying and being in Miami-Dada County, Florida.
Tract B: ·
The South 4-4-9.91 feet. of the following described property:
A portion of the Southwest 1/4 of Fractional, Section 5, Township 52 South. Range 42 East, Miami-Dada
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
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 a point on a
curve (said point bears S 0'8'$5' W from the rodlus point of the next described circular curve); the.ace
SoutheasteHy, along o circular curve to the left (concave to the Northeast), having a radius of 694-.69 feet and
o cenb'al angle of 0'6'50" for an arc distance of 1.31 feet to a point of t(~ngenc~; thence S 89'58!15' E, along
a line parallel with and 20.00 feet South of as measured at fight angles to, the North llne of the South 1/2 of
the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said SecUon 3, for 431.94` feet; thence
S 0'00'45' W, along the WesteHy H~ht-of-way llne of NE 28th Court and ifs Southerly
in off*~'ial Records ~ook 6088, Page 160 of the Public Records of Miami-Dada Counbj, prolongation as recorded
Florida, for 760.62 feet;
thence N 89'59'25' W, along a line parallel with and 449.91 feet South of, as measured at right angles to the
North llne of the Southwest 1/4 of the Southwest 1/4 of the Southwest I/4 of said Section .3, for .346.87
feet; thence N 0'4`6'52' W, aloha the East llne of'the Southwest 1/4 of the Southwest I/4,
for 449.g5 feet to the POINT O~ BEGINNING. lying and being in Miami-Dada Counb/, Florida. of said Section 5.
Tract C:
A portion of the East 1/2 of the Southwest 1/~ of the Southeast 1/4 of the Southwest 1/4 of Fractional
Section 3, Township 52 South, Range 4-2 East, Miami-Dodo County. Florida. being more particularly desc~bed as
follows:
Commence at the Northwest corner 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 intemection with East right-of-way boundary of Northeast 28th Court as described in
that certain right-of-way Deed to 1~3de County, fi~d on September 10, 1968, in Official Records Book 6088,
Page 160 of the Public Records of Mall-Dada County, Florida, being the POINT OF BEGINNING af the percel of
land hereinafter to be described; thence ~un S 0'00'4-5" W along the aforesaid described line, a distance of
.361.28 feet to the point of interSection with o line that is 500 feet North of and parallel to the South boundor./
of the East 1/2 of the Southwest 1/4 of the Southeest 1/4- of the Southwest 1/4- of said Fractional Section .3;
thence run N 89'57'54" E along the last described llne, a distance of 200.28 feet to a point, said point being
46.75 feet West of the East bounder/ of the Southwest 1/4
said Fractional 3; thence run N 0'00r4-8" E along a llne that of the Southeast 1/4- of the .Southwest I/4 Of
East boundary of Northeast 28th court, a dlstan~:e of ,361.18 is 200.28 feet East of and parallel to the said
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 89'5g'25" w along the last described line, a distance of 200;28 feet to the POINT OF BEGINNING.
PLICANT REPRESENTATIVE AFF,,.,AVIT
Porsuent to Sectk~ 31-71(b)(2)(~ of the City o! Aventura. Land Development Code, this A~pr~cant Representative Aa'~ is
hereby made and submitted, lhe tmdem~gned aul~orized representative of the indwidual m' entity applying fo~ the Development Pem~
,~icfl is identir~ in the accompanying a~pr~tion, and the owner of the Ixoperty subject to the application ('~f different) hereby ~sts and
iden~es all persons representing lie indwidual or entity applying for lie Development Permit in connection with lie apprmtion, as folk~s:
Name
Relationship ~,e. ~omeys, A,~:hi~ Landscape
Ben Fernandezt Esq.
Mouriz/$alazar & Assoc.
/u~h~e~s,~g~emLobby~,E~.)
Attorney
Architects
Manuel Echazaretta
Engineer
(Atta~ Add~ Sheets ff Necessau)
NOTICE:ANY STAT-~ENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDMDUAL OR F. hlllt' APPLYING FOR THE
DEVELOPMENT PERMIT AND THE OWNER QF THE SUBJECT PROPERTY. APPUCAN1~ AND AFRANTS/~RE
ADVISED TO TIMELY SUPPLEMENT THIS AFRDAVIT 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 TIlE
APPUCATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION~AvIT
BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS ~ DAY OF 'F~
- _(Signature'J_
Name: uen lrernandez
Name'. ~..o.m.,e~ Meruelo
~se: Attorney
Address. 200 S. Biscayne Rlvd.~ ~ 850 : g g ,"'nlltn~ ~v,=nUe
STATE OF FLORIDA )
COUNTY OF MINdI-OABE)
Bomero Meruelo &
Before me the undersigned authority personaJly appeared Ben Fernandez as the authored representative of lie
Appr~cant end/or the owner of me pmpe~ subject to me appl~tion, ~ being first by me duly swnm, d'~ swear or .ffirm that he/she
executed this Nfidavit for the purposes stated therein m~d that it is tree and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this 3 .day of _.~. .
,JSINESS RELATIONSHIP AFFIDA ,,'
This A,h'~.vit is made pursuant to Section 31-71(b)(2)(q o! the City o! Aventura Land Development Code. The undersigned kE~,nt hereby
disck)ses that: (mark with 'x' applicable portions only)
[X] 1. All'ant does no._[ h~ve a Business ReJ~tionship with any member of the City Commission or any City Advisory
Board to v~hich the applicatk)n will be presented.
[]2.
Nf'~nt 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:
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 Reb, tlonship is as follows:
iii.
Member of City Commission or Boerd holds an ownership interest in excess of 1% of tom assets or
capital stock of Appl'~ant or Representative;
Member of City Commission or Board is a palner, co-sherehofder (as to shares of a coqxxation
which ere not listed on any national or regio~l stock exchange) or joint venturer ~ the .%opr~ssnt or
Representa~e in any business venture;
The Applicant or Represontative is a Client o( a member of the City Commission or Boerd or a Client
of another proleas~'ta[ wo~ng from the s~me office or for the same employer as Ihe member of lhe
City Commission or Board;
[ ] iv, A City Commissioner or Board member is a Clien[ of the AppI{c~nt or Representative;
[Iv.
The Applicant or Representative is a Customer of the member o( the Cie/Commission or Bcard (or of
his or her employer) and b'ansacts more than St0,000.00 of the business of the member of the City
Commtsslon or Boerd (or his or her employer) in a given caleeder year,
[) vi. The member of the City Commtsslon or Board is a Customer of the Applicant or Representative and
~ansacta more than $25,000.00 of the business of the Applicant or Representative in a given
[~P.~'~'~'~ (Print)
WITNESS MY HAND THIS __ DAY OF ,2001.
PROPERTY OWNER:
(S/gna(ute)
'The ten'ns 'Business Relationship,' 'Client; 'Customer,' 'App~cant,' 'Representative' and 'lnteresled Person' are defined in
SecUon 2-395 of the Aventura City Code.
dF*. ,
W~TNESS
. February
Meruelo (Prht) Name:
(Pdnt)
(S,~gnature
IPr~)
8~ (S~gnature) 8y:.~ (Signature
Name: (P~fnt) Name: {Pd~t)
T~e: ~ T~: ~
8~ .(Signature) By:.. (Signature
N,~ne: .(Print) Name: (Prfnt)
Tee: (Pdn~) T~e: (Pdflt)
By:. (Signature) By:.. (Signature
Hame: (Pdnt) Name: (Pcfnt)
TiUe: (Pr~) Tflle:, [Pr/fit)
T~e: (Pr/nO T~e:
NOTE 1) Us~ duplicate sheets If dL~lasm'e Information loc Repres~taflve ~
Applicants and AfllaAls m~ ad~sed ~'dmely supplemem thLs Affidavit pursuant to Sec. :~1-71(bX2)(iv) of
Cl~/'s L~fl4 Dev~l~pme~t flegula~Jons In thq Ctty C~ la the event that pd~r to cons~dea~n ef the eppllc~tJon
by the City Board or Comrnlssh~n, the k~(omu~n provided In the Affidavit becomes incmrect c~ incomplete.
Feb.
A~qANT
BUSINESS RELATIONSHIP AFFIDAVIT*
~ N~vit is made pursuant to Section 31-71(b}(2)(i~ o! the C~ of Av~tura Land Devel~ome~t Code. '[he undemig~ed Nf~,nt hereby
¢~scloses that: (ma~ with 'x' ~op{ic~ble portions
,~l'~t does no{ have a Business Relationship w{th any member el the City Comm~inn o~ any C~
Board to which the applica~ Nil be [xesented.
{}2.
Nrmnt hereby discloses that it does have a Business Relationship w~ ~ member o! the C~ty Commission or a
(List name o( Commissioner or ~ry Beard Member) ~o ~e~,es on the
{List City Cemmission or City Advisory 8card ~ which member
The n~ture of the Business RelatJe~hip ~s ~s le~ws:
UL
Member of City Cemmissle~'. 0¢ aoa~ holds a~ o,,,~ship interest in excess el t % o{ total assem or
ca,oital st(x~ of ~pr~mt or Re~sa~tative;
[Ir,.
hlamb~ of C~ Commi~on or ~ is a I~r~ner, c~.st~rehok~' (~s ~ shams
which are nof [~-ted on any nal~mal o~' regic~d stedc e=tmnge) or Joint vendor with ~,e Aloof. cant or
Representa~ve i~ any business venture;
The Applicant or Representative is ~ Cl'~t o! a membe~ of the City Commissk~ or ~ or a Client
of a~other Fofessio.al working Item the same off'me or for the same empbyer as the member of the
City C~'nmission or Board:
[ ] k'. A City Cemmissioner o~ Board member is a Client of the Appr~t or l:~oresen~e;
[Iv.
[iv[ ~_..~ me/nbe~ o{ the Cit'/
Name: H ~r~e'..~o Me {R~)
1-~e: (Pmf)
TNESS t/iy HN~O 'i~IS "'~ DAY OF February
I~OPE~ OWNEP~
The Appr~c~nt of fleFeseotative is ~ Customer of the member of the City Commission or Board (or of
his or her employer) and tra~s~cts more tha~ $10,000.00 o! ~ business of the member of the CAy
(or his or her employer) kt a given calendar year;,
Ce~,~.~ien or ~ is a ~ of the ,~t or Representa~ve and
s mare ~ $25,e00.00 of the busbess of ita ,~opr~canl or Representative la ~ g~n
'The terms 't~siness Relalionshtp; 'C,~ont; 'Customer,' 'ARdicant. · 'RepresontzZ;'ve" and "interested Pr. son" era defined ~n
WITNESS UY HAND THIS t D^YOF February ,200 3.
By:.. (Signature
Name: Name: .(Pdnt)
T~tle: At~nrn~y (Print) T~tle: (P~t)
BT. (Signature) BT.. (Signature
Name: (Print) Name: (Print)
T~i (P#nO T~le: (Print)
By:. (Signature) BT. (Signature
BT. (Signature) BT. . (Signature
Name:, .(Print) Name: .(Pfinl)
Tt~e', .(Print) T~te: (Pdnt)
BT. .(Signature) BT. (Signature
Name: (Print) Nsme: .(Print)
Tt~e: (P~t) Tile: [Print)
By:, (Signature) By'. ' ($tgnalura
Tee: (PfinO T~e:
HOTE: 1) Use duplicate sheets I( disclosure information lot Representative wries
2) Applicants and Aft'ants are advised to timely supplement this AffidavR pursuant to Sec. 31-71(b)(2XIv) o! the
City's Land Oevelopm~t Regulations In the City Code, ia the event that prior to consideration of the application
by the City Board or Commission, the ialom~aiton provided ia the Affidavit becomes Incorrect or Incomplete.
NOTARIZATION PROVISION
STAT~ 06 ~OR.IOA )
Be{o~ me. I~e underslgne4 au~hodty, pe,rsonaiy appeamdB ~ n
No~y PubGc Slate d Flodda At Lauge
P6nted Name o~ Nota~/
Uy ~ ex,es:
STATE OF FLORIDA )
coukq~ OF I.U.'U~-OADE)
U~e Nf~anL who being ~ by r~e duty sw~m, ¢~ s,*~,r o~ af6rm I~at
No, ar/P~Gc Sta~e d F~,'-'-., At L~ge
STATE (X: FLOfl~OA )
81/~R~ TO AND SUBSCRIBE0 belom me Ibis
Notaef Pubic 8~ate d I:kxt~ N t.~ge
BUSINESS RELATIONSHIP AFRDAVIT*
This A,~'~vit is made pumuant to Section 31-71(b)(2}{i~) o{ the C~ of Aventura ~ Development Code. The undemigned Nt'~t hereby
cr~scloses that: (mark ~th "x' applicable po~¢as only)
A~nt d<~,s no( have a Bus,ess Re~tia~ship with any member el the City Comm~isn o~ any C~ Advisory
Board to which the appllo~llon v~ll be p~esented.
[]2.
Ah-~ant hereby c~scloses Ir'at it does have a Business Relaaonship w~ a membe~ o~' the CA? Commissien or a
C~ Advisoe/Board to 'which the applkation v~ll be ~'esented. ss follows:
(L~ name of Commissiene[ or .N:Msory Board Membe0 who Se~es en the
(List City Comm~k~n or C~ Advisory Board upen whkh member
The nature o! the Business Re~tloosh¥ Is as Iollows:
Member o~ C,'~tY Commtssio~ or 8oa'd hokis an ownmship intesest in excess of t % el to~ asseb er
Jla.
ReprusentatNe h ~ business venture; ·
The App~cant or RepresentaUve is a Client of a member o~ the City Commission or Boazfl or a Ciloat
of a~othor professional wo~ng Imm the same office or for ~e same employer es the member o! the
City Commission or aeard;
wm
PROPERTY
[]iv. A City Commbsloner or Board member is a Client of the AppScant or RepreseatatNe;
[Iv.
The Appr~cant of Represeatalive is a Customer of the member o~ the City Commissin~ or Bo~rd (or of
bls or her employer) and transacts mere tha~ $10,000.00 of Itm business el the member ef the City
Comm~ien or Bead (or his or her emp(oyer} in a g~ven calendar yeaq,
le City Commission o~ Board is a Custemm of the Apgr. c;,.nt or Representa~,,e and
~ $25,0e0.00 of ~e business of I~e ,~ok:ant or Representative in a g'~en
WNER:
Name:.
~P~
W~TNESS MY HANO THIS _ DAY OF February
Name:~O Nm:
Architect
[$~gn~ture
By:. [Signature] By:.
Name; JPdnt) Name:
er. (s~ure) ~. (Sma~ure
· T~ (Print) TFdet [P~t)
BT.. (Signature) BT.. (Signature
Name:. (P~t) Name: [Print)
T~e: (PdnO T~Ue: (Print)
B~. .(Signature) By.. (S~jnature
Hame:. .(Print) Name:.
Nam~ (~0 same:
T~: (Prat) Tnle: (P~O
NOZ~.: 1) Use duplicate shest~ I~ dL~ciosu~e laform,~on fgx Represe~taUve ~
Applicants ~ Affiants m~e mdvlsed t~ timely supplement Ibis AE~lavlt pursuant to Ses. ~1-71(bX2)0v) of the
Clys Land Development Regut~ns In the City C~de, In Ihe event ~hat prior t~ c~nsldetat~n of Se app~lC~On
by Ihe City B~ard or C4=mmlssion, 'dxe InformaUon provided la the Affidavit becomes Incecrect ~ iocemplete.
AFR~T
~l.O~~- ?eb..zm3,
BUSINESS RELATIONSHIP AFFIDAVIT*
Nf~vit is made pursuant to Sermon 31ql(b)(2)O0 of the C~ of Aventura Land Developmeat Code. ne undemigaed A~'~nt hereby
that (mark ~ 'x' appr, cable pomons o~ly)
~ I. A~ant d<~s no_[ here a Bus~ess Rela~ip ~ any member of the ~ Commission o~ any Ci~ Advisory
~)ard to w~ the applicat~ w{ll be ixesented.
[ 12. Nfiant hereby cr~:;inses ~t it does have a Business Relationship with a member of the C~ Commission or a
(L~ name of Commissi(~or or N:l~sory Board Memberl ~o serves on ~he
(list City Commission or City ~ry Board ~ whk:~ member
The nature of the 8usimass Relati~ is es [ol~ws:
Membor o~ C~ Cemm~k~ or Bo~:I holds a~ mip intemt in ez_,'~_ of t% el to~ ~ts or
whld'~ are m:~ rmed on any nalinaal m' regiona~ stock mmhange) or Joint vatttm~. ~h the Apl~cant or
Relxesentative b afly business vonta'e; -
The Apprzant or I:{epreserdative is a Client of a membor of the CAy C4muatssion or I~l or a ~t
of a~other professional working from the same office or for the same employer a.s the member of the
City Cemmiss~on or Boa'd;
[ l iv. A City Commissioner or Board member is a Client of the App~cant or Repmsonta~e;
[ ] v. The Apprmt or Represemtive is a Custemer of the member of the City Co~m~s[on or Board (or of
his or her employer) a~l transacts more than $10,000.00 of the business of the member of the City
Commission or Bead (or his or ha' employer) in a given calenda' yeaq
[ ] vi. The member of the C~ Commission or Board is a Cus~ma' ~f the A~ or Represer~t~t~,e and
.~~ $2S,0(30.00 of the business o! Ihe Appr~mt or I:~pmsent~ve in a given
· -e,_,-. ---- - i ,'~ _
Name: Home~o Meruelo (PdnO
W~SS MY I-{AND 'l~lS DAYOF February ,200~
PROPERTY~/NER:
~ mrrns 'Bus/ness Re~a~msh/po* ~' 'C, ust~na',' ',~opf~..ant,' "RepresenaUve" and 'thterested Pe~on' am de~ned in
140TE~ 1] U~ dupllrm:t~ ~ I~ ~ k~ol'm~;t tat ~pre~lell~llv~ ,/~des
A PLICANT REPRESENTATIVE AFF,.AVIT
Pursuant to Sectio~ 31-71 (b)(2)(i) o! the City o( ^ve~tta'a Land Development Code, ~is Apgr~cant Representative Nf~:mvit is
hereby made a~d submitted. The t~demic~ed autho~zed represen~e o! I~e ind~,~dual ~x e~lity ~plying tof the Develo~t Pem~
v/nB is Identif~ in ~ accampa~ying appr~atio~, an~ the ovmef o! the pmpe~ sub]ec~ to the app~icatio~ Cd different) hereby ~t~ and
ide~fies all perso~ repmsent~g the in(r~idual o~ en~ applying lot the Devek)pment Permit in connecti~ with the appr~catio~, as bllows:
JEFFREY BERCOW
Relationship g.e. Raome~. ~c~ec~ Lanc~ape
,4.'chitects, Engk~eers, Lobby~L~ Etc.)
ATTORNEY
(Ntad~ Add'~l Sheets If Necessa~
NOTiCE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT
REPRESENTATIVE AFRDAVIT $11ALL BE BINOING UPON THE INOIVIDUAL OR Ehlu f APPLYING FOR THE
DEVELOPUERI' PERMIT AND THE OWNER QF THE SUBJECT PROPERTY. APPUCANTS ANO AFRANTS ARE
ADVISED TO TIMELY SUPPLEMENT THIS AFRDAV[I' PURSUANT TO SEC. 31-71(BX2)(IV) OF THE CITY'S LAND
OEVELOPMENT REGULATIONS IN THE C~TY CODE~ IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE
APPUCATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFRDAYIT
BECOMES INCORRECT OR INCOMPLETE
Ad~e~s:200 S. BISCAYNE BLVD.
SUITE 850, MIAMI, FL 33131
Name: HOME~O MERIIRT,~
~: PRESIDENT
Addre,~: 5101 COLLINS AVENUE
MIAMI BEACH, FL 33140
STATE OF FLORIDA )
COUNT~ OF UIAMI.OAOE)
Bel~e me the undersigned authofffy personal~ appeared 0EFFREY BERCO~ as.,tl~aul~ed..[epresentative, p( the
Ap~icant and/o~ the cymes' of the property subject to the appr~.,atkm, who being first by ma/{~u~'
SWORN TO AND SUBSCRIBED BEFORE ME this 1__9~y of MARCH
.
Notay Public State c~ FIo~da N Large
P~ntedNamec~NotmyLISA C BROOKS
My commission expires:
BUSINESS RELATIONSHIP AFFIDAVIT*
This N~ is made pursuant to Section 31-71(b)(2)(i~ el the ~ el Aventura L~nd Developmem Code. The undemigned Nf~t hereby
discloses that: (mar~ v~th "x' applicable portions o~ly)
~ I. A~ant dons no~ have a B~siness Relationship with any member el the City Comm~isn o,' any C~ Adviso~,
"- Bo~rd to whid~ the applic~tlon will b~ p~esented.
]2. Nfmt hereby ~r~ses ~'~t it does have a Business Rela~ons~ip w~ a membe~ of the C~t7 ~ or a
City Advisor~ Boa~d to wflic~ the ap~'cation w~l be p~e.Sented, as follows:
(List name ol Commissioner ar Advisa[7 Board Membal ~ Serves o~ the
(List City C~mmission or City Adviso~7 Board ~ whid~ member
nature of the Business Reb,6a~hip is as Io~lows:
Ill.
[1~.
Member of C,~tY C, emmissi~n o¢ 8oan:l holds an ownemhip interest in excess of i % of to~.l assets or
Member of Ce/Com~_~irm a' Boa~ is a part, er, cc-shareholder (as to simms el a corlxxa~on
~'a~x:~ are not tsted ~ a~y n~lional or regk~al stock exct~nge) or Joint ventuno- wi~h Ihe Api~:an[ or
Representative h any business venture; -
[]r~.
'[he A~przant or Represent~lNe is a Client of a member of the City C~mmisslon m' ~ or a Client
of another prolessiorml working Imm the same office or for the same employer ;~ ~e member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Appr~cant or Represent~ve;
[Iv.
The App~c~nt or ReFasentative is a C~st~mer of the member of the City Cemmisslen or Bo~rd (~r of
his or her employer) and transacL~ mare than $10,000.00 of lfle business of the member of ttm City
C~mm~i~n or B~ard (or his or her employer) in a given calendau' year;,
Name: Home~o~Meruelo (Pr/of)
!
~IS~ OAY~ Februar~
PROPE~NE~
The member of Ifle City Cammission ar I~rd is a Custemer of the .~¢cant er Representative and
lransac~ m~re ~ $25,(X~0.00 of [~e bus..ss of lbe Applicant or P,~presenlalive th ,, given
MYH;~ND'I]~IS 19 DAY OF MARCH
REp R/E~t~E:~'~ ~k~s hip Affidavit)
,~ /¢ //Y / '~ (S~ture) B~
// ·
Nam~JEF~EY BERCOW fP~nt) Name:.
ATTORNEY (P~n~) ~tle;,
~.2002
(S,~na Iut'e
.(P#nt)
BT. (Signature) BT. (Signature
Name: (Print) N~me:. .(Print)
T~tle: (P#nt) T~.le: (Print)
ST. (Signalure) ST.. (Signature
Name: (Pdnt) Name:. [Print)
T~e: (P~) T~e: (Print)
BT.. .(Signature) BT.. (Signature
Name: (Pdnt) Name: .(Print)
T~le:. .(Print) T~le:. (Print)
BT.. .(Signature) BT. (Signature
Name:. .(Print) Name:. .(Print)
l'die: (Print) T~e: (Print)
By:. (S/gna~ure) BT. (Signalure
Name: (p~t) Name:, .(Pfini)
T~e: (Pfin~) T~e: .(Print)
NOTE: 1) Use duplicate sheets If disclosure Information (or Representative varies
21 Applicants and Afl'rants are advised to timely supplement ~ls Affidavit pursuant to Sec. 31-71(b)(2)(Iv) o! the
Cites Land Development Regulations In the City Code, In the event that prior to consideration o! the application
by the City Board or Commission, the information provided in the Affidavit becomes incorrect or Incomplete.
NOTARIZATION PROVISION
STATE O~ R. ORtDA )
f~, ~ ~ 4~ ~ ~:~ EXPIRES' Ju~ ~, ~
.o.,P~"~'~'~"~'~TM ~"~'"~"' I[
P~ Na~ d NoM~
My ~
STATE OF ~ORIOA )
.CO~ OF M~-ON~E)
SWOf~N TO ,~ ~J~.,~:~ISEO bekxe me ~is dayo(
Notar/Pubr~c State of FI~ N IJrge
Piloted Name o{ Notary
My c~mmis.sio~ expires:
STATE OF R. OFUDA )
COUNTY OF M[A~I-OADE)
Bekxe me, Ihe unders~ned au~'~odt-/, pemo~.~i¥ a~oeared
he..~he executed ~is Nfidavit lodge pu~oses stated Itmmln m~l IAa. t it is ~e a~ co~recL
· e Affiant, who being f~st by me duty sworn, did sw~.a,r c~ afl','m ~at
Notaff PubEc State ~( F~ NI.~
Pdnted Name e~ Nolac/
My ¢o~ expke~
STATE OF FLOPJOA )
he/d~ exacuted ~is M['~da~ kx ~e pua~s ~.ted l~em~ a~4 ~at K ~ ~ue ,~ ~
Ihe Affm~ who being ~st by me duly ~vom, did swe~ ~r ~Jf~n~ ~t
SV~3RN TO ,AND SUBSCRIBED belo~'e me ~ 6ay o4
.~CFIANT
.2~01.
Not~y Pub~ State o( F~ At I.~
My ~ expkes:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
City Commission
Eric M. Soroka, I,~
City Manager ~
Ooanne Carr, AICF
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 __
September 2, 2003 City Commission Meeting Agenda Item __
RECOMMENDATION
It is recommended that the City Commission:
1. Approve an amendment of the Official Zoning Map of the City of Aventura by
amending the zoning designation for three parcels on NE 28 Court totaling 8.36 acres
from B2, Community Business District to RMF4, Multifamily High Density Residential
District, upon the following condition:
a)
That the applicant prepare and record in the Public Records of Miami-Dade
County, in form satisfactory to the City Attorney, a covenant restricting the
density on the property to no more than 45 dwelling units per acre.
2. Approve a Development Agreement pursuant to Chapter 163, Florida Statutes,
between the owner and the City relating to the dedication, design and construction of
the extension of Miami Gardens Drive through the subject site and phasing of
development, with the revision recommended by staff in this memorandum, and
authorize the City Manager to execute the Development Agreement on behalf of the
City.
THE REQUEST
The applicant, Ben Fernandez for Merco Group at Aventura Landings I, II and 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
III, Inc.
Tract A 28-2203-000-0271 3.09 acres
Tract B 28-2203-000-0284 3.61 acres
Tract C 28-2203-000-0231 1.66 acres
NAME OF APPLICANT
Ben Fernandez for Merco Group at Aventura
Landings I, II and Ill, Inc.
LOCATION OFPROPERTY
NE 28 Court at NE 185 Street
See Exhibit #2 for Location Map
and Exhibit #3 for Aerial Photograph
SIZE OFPROPERTIES
Approximately 8.36 acres
(9.02 acres including .65
requested to be abandoned)
right of way
DESCRIPTION/BACKGROUND
The site is comprised of three tracts of land in the same ownership, divided by the NE
28 Court road allowance. Tracts A and B lie to the west of the road and Tract C lies to
the east. Tracts A and B formerly contained the Binnings Building Products factory and
Tract C is vacant land. Tract B is listed by Miami-Dade County Department of
Environmental Resources Management Department as a contaminated site and is
currently under remediation by the owner. Approval from DERM Pollution Remediation
Section is required prior to commencement of any site or construction work.
2
The three tracts are currently designated as Business and Office land use on the City's
Future Land Use Map in the Comprehensive Plan and are zoned B2 (Community
Business District).
The applicant has submitted a site plan for residential development of the property and
the plan is currently under review by City staff. In order to develop the plan as
proposed, the applicant is requesting approval of a comprehensive plan amendment, a
rezoning to permit residential use, a declaration of restrictions in lieu of unity of title to
limit density to 45 dwelling units per acre and a Chapter 163 Development Agreement
relating to the design and construction of the extension of Miami Gardens Drive through
the site and the phasing of development. The Development Agreement is attached as
Exhibit #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 townhomes and one hundred and thirty-eight (138),
thirteen (13) story loft style condominium apartments are planned on the parcel that will
lie to the south of the Miami Gardens Drive extension road. Two hundred and five
(205) condominium units in a high-rise building ranging from 13 to 18 stories are
planned for the north parcel. The applicant feels that the lack of exposure of this
property onto Biscayne Boulevard makes successful commercial development unlikely
and therefore requests an amendment to the Future Land Use Map to allow residential
uses. The property lies approximately 650 feet east of Biscayne Boulevard.
The extension of Miami Gardens Drive and improvements to the existing road from
Biscayne Boulevard to NE 28 Court are currently included in the Miami-Dade County
Metropolitan Planning Organization, Transportation Improvement Plan (TIP) for design
funding in 2004/05 and for construction in 2005~06 and 2006~07. The road currently
ends approximately 350 feet east of Biscayne Boulevard. The road is not constructed
across the frontage of two development parcels; those being, the Embassy
Suites/Gateway Office site and the Aventura Landings site. The project has been
awaiting dedication of the road right of way through the Aventura Landings
development site and the County has advised City staff that construction of the road
extension outside the Aventura Landings site would be expedited once this dedication
was made.
In order to develop the site as proposed, the applicant will be required to dedicate land
required for the road right of way and design and construct the road at its expense as
part of its subdivision improvements. In discussion with Miami-Dade County, the
applicant has offered to prepare the road extension design along its entire length, from
Biscayne Boulevard to NE 28 Court, so that a consistent design can be approved by the
City, County and Florida Department of Transportation to expedite construction by the
County of the road extension outside the Aventura Landings site. Although the
applicant is required to pay all costs for the road extension within its property limits, the
County has agreed that it may apply for reimbursement of the design costs external to
3
its development site. The Development Agreement, proposed for approval in this
memorandum, provides that the applicant prepare the design of the extension of Miami
Gardens Drive from Biscayne Boulevard to the easterly limit of its site, dedicate the
road right of way to the City on the effective date of the agreement and complete
construction of the road within its property limit prior to the issuance of the first
certificate of occupancy for the project. The applicant will then apply to Miami-Dade
County for reimbursement of off-site design costs. Should this reimbursement not be
approved by the County, the Development Agreement will be null and void.
The proposed Development Agreement vests the site plan for a maximum of five (5)
years and provides that all phases of construction must be complete within this time
limit. This time limit may extended in two and one-half (2.5) year increments, if
necessary to complete the development, provided that the road construction is
completed. Staff is recommending a further provision that, prior to any extension
request, the applicant has obtained or is in the process of obtaining the development
permits listed in Paragraph 3 of the agreement. Any such extensions are subject to
approval by the City Commission at a public hearing. If the Development Agreement is
voided due to non-payment of external design costs by the County to the applicant, the
dedication to the City of the required road right of way through the Aventura Landings
site will remain a requirement of development approval by the City. The proposed
abandonment of the NE 28 Court right of way to the applicant, to be presented to City
Commission concurrent with second reading of the comprehensive plan amendment
ordinance, will be conditioned upon dedication of land to the City by the applicant for
the extension of Miami Gardens Drive.
Although density will be limited by restrictive covenant to a maximum of 45 units per
acre consistent with the RMF3A multifamily medium density district, the applicant is
requesting the RMF4 zoning designation in order to accommodate the height of the
proposed condominium and loft buildings on the north and south parcels.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Business and Office
Business and Office
Medium High Density Residential
Medium High Density Residential
Business and Office
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
B2, Community Business District
B2, Community Business District
RMF4, Multi-Family High Density Residential District
U, Utilities District and
RMF3, Multi-Family Medium Density Residential
District
4
Properties to the West: B2, Community Business District
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
vacant, under remediation
commercial
residential
utility station and residential
commercial
Access - Access to each pamel 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
pamels on NE 28 Court totaling 8.36 acres from Business and Office to Medium High
Density Residential.
Standards for reviewing proposed amendments to the Official Zoning Map found
in Section 31-77 of the Land Development Regulations:
1. Whether or not the proposed amendment is consistent with goals, objectives and
policies of the City's Comprehensive Plan.
The proposed amendment will be consistent with goals, objectives and policies of
the City's Comprehensive Plan provided the City Commission approves an
amendment to the land use designations for these parcels from Business and Office
to Medium High Density Residential.
2. Whether or not the proposed zoning distdct is compatible with the surrounding
area's zoning designation(s) and existing uses.
The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses.
3. Whether or not the subject property is physically suitable for the uses permitted in
the proposed district.
The subject properties are physically suitable for the uses permitted in the proposed
district.
4. Whether or not there are sites available in other areas currently zoned for such use.
There are sites available in other areas currently zoned for RMF4 uses.
5. If applicable, whether or not the proposed change will contribute to redevelopment
of an area in accordance with an approved redevelopment plan.
5
This standard is not applicable to this proposed amendment.
6. Whether or not the proposed change would adversely affect traffic patterns or
congestion.
The traffic generation table provided later in this report supports the proposed
amendment in that a decreased projected vehicle trips per day enhances the
provision of traffic services.
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
Existing City Zoning
Zoning Category
B2 (all office use)
PM Peak Hour
Vehicle Trips
1,311
6
B2 (all retail use) 1,073
B2 (office, hotel, retail 1,973
uses)
Proposed City Zoning RMF4 (residential) 185
School Impacts - The application has been provided for comment to the Miami Dade
County School Board in accordance with the Interlocal Agreement entered into between
the City and the Board in February of 2003. The 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
BERCOW RaDELL
DIRECT LINE: (305) 377-6220
E-Mail: J bercow@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
Re: Aventura Landings (01-SP-03)
EXHIBIT #1
01-REZ-03
Dear Ms. Cart:
This law firm represents MERCO Group at Aventura Landings I, II,
III, Inc. ("Applicant") with respect to the property identified in the survey
included in our March 14, 2003 letter of intent as Exhibit A ("the Property"). This
letter constitutes a supplemental letter of intent to Applicant's multiple requests
for an amendment of the City's Comprehensive Plan land use designation of the
Property from Business and Office to Medium High Density Residential, a
rezoning of the Multi-Family High Density Residential District (RMF4), a
vacation of a portion of NE 28~' 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 "out-parcel" 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 out-parcel
will now be included in the Application, including specifically Applicant's
requests for an amendment to the City's Comprehensive Plan land use
designation, and rezoning. The Applicant's architects have submitted a revised
site plan dated June 6, 2003 to your offices under separate cover, along with a
revised survey for the Property that includes the outparcel.
Ms. 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 towrthomes in a visually pleasing urban
environment. If staff and the City Commission deem it appropriate, Applicant
would be willing to record a suitable declaration of restrictions that would
prevent townhome owners from converting garage area into habitable space.
As we stated in our April 24, 2003 amended letter of intent,
approval of the Application as amended would not be detrimental to the public
welfare or injurious to other property since the proposed project will be
compatible with the surrounding area. For all of the foregoing reasons, we
request your favorable review and recommendation with respect to the
Application.
CC:
Mr. Homero Meruelo
Mr. Jesus Velez
Jorge Mouriz, AIA
Ed Llorca, AIA
Omar Armenteros, P.S.M.
Manuel Echezarreta, P.E.
Henry Fandrei, P.E.
BF-.RCOW ~ RADE. LL
BERCOW RADELL
DZRECT LZNE: (305) 377-6220
E-Mail: 3bercow@ BRZoningLaw.com
VIA HAND DELIVERY
April 24, 2003
Ms. Joanne Carr, Director
Community Development Department
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Re: Aventura Landings (01-SP-03) ]~2~ bt 4d~ [
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
pplzcation ), 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 1854 Street. The Applicant's
architects have submitted a revised site plan dated April 23, 2003 to your offices
under separate cover.
Ms. Joanne Carr
April 24, 2003
Page 2
The Property consists of three separate parcels: Tract A, north of
future NE 185th Street and west of NE 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 185m Street and the east side of existing NE 28th Court.
The site plan for Tract B provides for 62 new urbanism traditional neighborhood
Mediterranean-style townhomes ranging from between 1,588 square feet and
1,695 square feet, and features two car garages in private drives throughout the
development.
On Tract A the Applicant is proposing a condominium
development with 200 units ranging in size from between 900 square feet and
1,310 square feet. The proposed building features an attractive Mediterranean
style base that is compatible with the townhomes across NE 185~h Street, and a
mid-rise, contemporary style tower that is compatible with the rhythm and fabric
of other similarly sized structures in the immediate vicinity and throughout the
City of Aventura. The roof of the parking structure will be fully landscaped and
will feature a pool with a deck and recreational facilities.
On Tract C, the Applicant is proposing to develop an 11 to 13 story
condominium building featuring 138 loft-style units with 16'8 feet high ceilings
and ranging from 1120 square feet to 1430 square feet in size. This building will
provide an appropriate land use and buffer from the FPL substation immediately
east of Tract C, and will be further separated from the townhomes on Tract B by
a proposed private roadway to be located in the right-of-way of existing NE 28th
Court.
The Applicant will proffer a Declaration of Restrictions in Lieu of
Unity of Title that will ensure that the Property is considered one parcel for
zoning purposes and that limits the density of the Property to 46 dwelling units
to the acre. A copy of this proffered Declaration is enclosed with this letter. The
Applicant will provide to staff and the City Attorney's office a fully executed
Declaration with all appropriate joinders prior to second reading of the
ordinances adopting and approving the land use amendment and rezoning.
Variances. The Applicant is requesting the following variances
from the City of Aventura Land Development Regulations.
1. Townhome Setbacks. A variance is requested in order to allow
the proposed 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
BERCOW & RADELL
Ms. J0anne Carr
April 24, 2003
Page 3
required under Section 31-143 of the Aventura Code for towrthomes. 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 towrthomes were to be
developed under the RNIF3B 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 Aventura
BERCOW ~. RADELL
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 environment.
5. Garage Side Setback - Tract C. The minimum side setback in the
RMF4 zoning district is 25 feet. Although the proposed structure located on
Tract A complies with this and all other applicable setbacks, the parking garage
located on Tract C has a ten foot setback on the east side of the Property. It is
important to note that Tract C is bordered on the east by the FPL substation, and
that only the parking garage component of the loft building to be constructed on
Tract C encroaches within the required setback area. The main building, by
contrast is setback 110'8" from the east property line and 135 feet from the front
property line. This setback variance is necessary in order to mitigate the visual
and other impacts of the FPL substation upon the views of the future residents of
Tract C.
Applicant presently is negotiating for a license agreement with FPL
in order to relocate FPL's existing fence 20 feet to the east, and to provide
enhanced landscaping on the west 20 feet of the FPL property. As a result,
Applicant will be creating a 30 foot wide landscape buffer area on the property
line separating Tract C from the FPL property, with a ten foot strip of
landscaping being planted within Applicant's east side setback area and the
remainder of the thirty foot buffer area being planted on FPL's property. We
believe such action substantially mitigates any impact of this setback variance.
Hardship. Section 31-76(e) of the Code requires that the Applicant
demonstrate that there is a hardship justifying the variance requests. The
Aventura Landings project is well within the n~ximum allowable density in the
proposed land use designation and zoning district. However, the Aventura
BEECOW 5. RADF_LL
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
BERCOW ~. RADELL
Ms. Joanne Cart
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.
BERCOW ~. RADF_LL
Ms. Joanne Carr
April 24, 2003
Page 7
Road Vacation. The Applicant is also requesting that a portion of
NE 28th Court be vacated in order to develop in accordance with the proposed
plan. The proposed closure will result in a public benefit as currently NE 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 B and C.
Miscellaneous. Applicant's transportation engineer, Transport
Analysis Professionals, has submitted under separate cover a traffic study
showing compliance with all City requirements. Prior to City Commission
hearing we will provide the required mailing labels for mailed notice to
surrounding property owners. We submitted as Exhibit F to our March 14, 2003
letter of intent the requested and required executed and notarized Corporation
Affidavit for each application together with a Disclosure of Interest.
Compliance with City of Aventura Comprehensive Plan. The
Application is consistent with Policy 1.1 entitled Medium-High Density category
as the total dwelling units per gross acre do not exceed sixty (60) dwelling units.
Policy 5.1. After having submitted the site plan for review through
the Design Review Committee process the site plan has been revised in order to
ensure that the proposed uses and structures are compatible with all proximate
land uses. Factors such as noise, lighting, shadows, glare, vibration, odor, run-
off, access, traffic, parking, heights, bulk, scale of architecture elements,
landscaping, buffering and safety have all been addressed, as applicable.
Policy 4.7. The Applicant will comply with all transit shelter
requirements, as necessary, at the time of development.
Policy 9.2 Coastal Management Element. According to information
provided by the Community Development 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 6, RADELL
Ms. Joanne Carr
April 24f 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, AIA
Ed Llorca, AIA
Omar Armenteros, P.S.M.
Manuel Echezarreta, P.E.
Henry Fandrei, P.E.
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01-REZ-03
EXHIBIT #3
01-REZ-03
MARCH 14, 2003 DRAFT
DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is made and entered
into as of the day of , 2003 by and between the
City of Aventura, Florida a municipal corporation, ("City") and MERCO GROUP
AT AVENTURA LANDINGS I, INC., MERCO GROUP AT AVENTURA
LANDINGS II, INC. AND MERCO GROUP AT AVENTURA LANDINGS III,
INC. (collectively "Owner").
RECITALS:
WHEREAS, the Owner owns the property, consisting of
approximately 9.02 gross acres of land (the "Property"), the legal description of
which is attached hereto as Exhibit A; and
WHEREAS, the Owner has proposed in the Application to develop
the Property with the planned uses (the "Project") described in Exhibit B
attached hereto; and
WHEREAS, the Owner has filed applications for development
approvals relating to the Property, including an application to amend the City of
Aventura Comprehensive Plan, an application for rezoning, an application for
site plan approval, an application for various variances required to develop the
Project, and an application to close a portion of NE 28th Court (the
"Applications"), with the City's Community Development 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-REZ-03
Government Development Agreement Act Sections 163.3220-163.3243, Florida
Statutes (the "Act"); and
WHEREAS, the City of Aventura City Commission has considered
this Agreement at public hearings held on July 1, 2003 and September 2, 2003,
and has determined that the Project and this Agreement are consistent with the
City's Comprehensive Plan and the land development regulations the City has
promulgated pursuant thereto; and
WHEREAS, City has determined that it is in the public interest to
address the issues covered by this Agreement in a comprehensive manner in
compliance with all applicable laws, ordinances, plans, rules and regulations of
the City, while allowing the Owner to proceed with the development of the
Project in accordance with existing laws and policies, subject to the terms hereof,
and the City has agreed to enter into this Agreement with the Owner.
NOW, THEREFORE, in consideration of the foregoing, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
1. Recitations. The foregoing recitations are true and correct
and are incorporated herein by reference.
2. The Project. A description of the Project, including
population densities, and building intensities, is attached to this Agreement as
Exhibit B.
3. Applications for Development Approvals. Promptly
following the effective date of this Agreement, the Owner will initiate and
diligently pursue all applications for development permits (as defined by Section
380.031(4), Florida Statutes), which were not previously obtained. A list of all
local development permits required to be approved for the development of the
Property is attached hereto as Exhibit C. City shall process all development
permit applications in a timely fashion and the City shall cooperate with the
Owner (at no cost to the City) in processing all necessary development permit
applications with Federal, County and State agencies as needed.
4. Funding for Public Facilities. (a) Owner agrees to dedicate
to the City on the effective date of this Agreement the required road right-of-way
for NE 185th Street, as it bisects the Property, in accordance with design plans for
such roadway improvements to be prepared by Owner and approved by the
City, Miami-Dade County, and the Florida Department of Transportation
(FDOT), for construction of "Miami Gardens Drive Connection" (TIP project
number 671363) as a new 4 lane facility from Biscayne Boulevard (US1) to NE
28~h 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 prepo_ration 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
duratton 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.
MERCO GROUP AT AVENTURA
LANDINGS I, INC.
Print Name:
Print Name:
By:
Print Name:
Title:
Print Name:
Print Name:
MERCO GROUP AT AVENTURA
LANDINGS II, INC.
By:.
Print Name:
Title:
WITNESSES:
Print Name:
Print Name:
MERCO GROUP AT AVENTURA
LANDINGS III, INC.
By:
Print Name:
Title:
Attest:
CITY OF AVENTURA, FLORIDA
By:.
By:
Theresa Soroka, Clerk Eric Soroka, City Manager
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
[INSERT LEGAL DESCRIPTION FOR AVENTURA LANDINGS PROPERTY]
EXHIBIT B
PROJECT LAND USES, DENSITIES AND INTENSITIES
The Project includes the following described development, permitted on the
Property as described in Exhibit A attached to the Agreement.
Towrthome Parcel. (South of Proposed NE 1854 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 185~h 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 185a~ Street and east of current NE 28t~
Court). This parcel is 1.952 acres in size. Proposed development of
this parcel is for 138 loft-style apartment units under the RMF4
zoning district regulations. Proposed maximum height is 13 stories
or 206' 10'.
Outparcel. (South side of NE 185t~ Street, on northwest side of
Town_home Parcel). The out-parcel is .284 acres in size. No
residential or other habitable development area is proposed for this
parcel. Subject to approval by the City Commission, the Owner
may install landscaping, a water feature, or other decorative
elements on this parcel.
EXHIBIT C
LIST OF REQUIRED DEVELOPMENT PERMITS
Department of Environmental Resource Management Permits
Miami-Dade County Public Works 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 8ercow
Address: Bercow & Radell, P.A.
200 South Biscayne B~vd., Suite 850
Miami, FL 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIONS
IN LIEU OF UNITY OF TITLE
(Residential)
KNOW ALL BY THESE PRESENTS that the undersigned Owner hereby makes, declares and
imposes on the land herein described, these easements and covenants running with the title to the
land, which shall be binding on the Owner, all heirs, successors and assigns, personal
representatives, mortgagees, lessees, and against all persons claiming by, through or under them;
WHEREAS, the undersigned Owner holds the fee simple title to the land located in the City
of Aventura in Miami-Dade County, Florida, described in Exhibit "A," attached hereto, and
hereinafter called the "Property,' which is supported by the attorney's opinion attached as Exhibit
'B/' and
WHEREAS, Owner is desirous of developing the Property for residential purposes and wants
to assure the City of Aventura that the integrity of the large scale development will be built in
accordance with the proffered plans, and
WHEREAS, Owner may wish to convey portions of the Property from time to time, or may
wish to develop the same in phases or stages, or may wish to offer the units as condominiums and
is executing this instrument to assure the City that the development will not violate the Code of
Aventura when it is so developed, and
WHEREAS, Owner intends to develop some or ail 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
NOW THEREFORE, in consideration of the premises, Owner hereby freely, voluntarily and
without duress agrees as follows:
This agreement on the part of the Owner shall constitute a covenant running with the land
and will be recorded, at Owner's expense, in the public records of Miami-Dade County,
Florida, and shall remain in full force and effect and be binding upon the heirs, successors
and assigns of the respective parties hereto, until such time as the same is released in
writing as hereinafter provided.
The Property will be developed in accordance with the site plan entitled, "Aventura
Landings", prepared by Mouriz/Salazar Architects dated last revised on June 6, 2003. No
modification shall be effectuated without the written consent of the then owner(s) of the
phase or portion of the property for which modification is sought, and the City Manager.
The City Manager's approval determination shall be made pursuant to section 31-79(j) of
the City's Land Development Regulations. Should the City Manager withhold such
approval, the then owner(s) of the phase or portion of the Property for which modification is
sought shall be permitted to seek such modification by application to modify the plan or
covenant at public hearing before the City Commission.
If the subject property will be developed in phases, that each phase will be developed in
accordance with the approved plan, except as otherwise modified pursuant to section 31-
78(k)(3)b.2 of the City's Land Development Regulations.
In the event of multiple ownerships subsequent to site plan approval, that each of the
subsequent owners shall be bound by the terms, provisions and conditions of this
Declaration of Restrictions in Lieu of Unity of Title. The Owner agrees that he or she will
not convey portions of the Property to such other parties unless and until the Owner and
such other party (parties) shall have executed and mutually delivered, in recordable form,
an instrument to be known as an 'easement and operating agreement~ which shall contain,
among other things:
a. Easements in the common area of each parcel for ingress to and egress from the other
parcels;
b. Easements in the common area of each parcel for the passage and parking of vehicles;
c. Easements in the common area of each parcel for the passage and accommodation of
pedestrians;
d. Easements for access roads across the common area of each parcel to public and
private roadways;
e. Easements for the installation, use, operation, maintenance, repair, replacement,
relocation and removal of utility facilities in appropriate areas in each such parcel;
f. Easements on each such parcel for construction of buildings and improvements in favor
of each such other parcel;
2
Easements upon each such parcel in favor of each adjoining parcel for the installation,
use, maintenance, repair, replacement and removal of common construction
improvements such as footings, supports and foundations;
h. Easements on each parcel for attachment of buildings;
Easements on each parcel for building overhangs and other overhangs and projections
encroaching upon such parcel from adjoining parcel such as, by way of example,
marquees, canopies, lights, lighting devices, awnings, wing walls and the like;
j. Appropriate reservation of rights to grant easements to utility companies;
k. Appropriate reservation of rights to road rights-of-way and curb cuts;
I. Easements in favor of each such parcel for pedestrian and vehicular traffic over
dedicated private ring roads and access roads; and
Appropriate agreements between the owners of the several parcels as to the obligation
to maintain and repair all private roadways, parking facilities, common areas and
common facilities and the like.
These provisions or portions thereof may be waived by the City Manager if they are not
applicable to the subject property. The provisions of the easement and operating
agreement shall not be amended without prior written approval of the Office of the City
Attorney. In addition, such easement and operating agreement shall contain such other
provisions with respect to the operation, maintenance and development of the Property as
to which the parties thereto may agree or the City Manager may require, all to the end that
although the Property may have several owners, it will be constructed, conveyed,
maintained and operated in accordance with the approved site plan and in a coordinated
and unified manner.
This Declaration shall be in effect for a pedod of 30 years from the date the documents are
recorded in the public records of Miami-Dade County, Florida, after which time they shall
be extended automatically for successive periods of ten years unless released in writing by
the owners and the City Manager, acting for and on behalf of the City of Aventura, Florida,
upon the demonstration and affirmative finding that the same is no longer necessary to
preserve and protect the Property for the purposes herein intended.
Enforcement of the declaration shall be by action at law or in equity with costs and
reasonable attorney's fees to the prevailing party.
No combination shall be approved where approval would allow a violation of any Other
provision of this chapter.
The maximum residential density on the Property shall not exceed 45 dwelling units per
gross acre.
10.
11.
12.
13.
14.
As further part of this agreement, it is hereby understood and agreed that any official
inspector of the City of Aventura, or its agents duly authorized, may have the privilege at
any time during normal working hours of entering and investigating the use of the premises
to determine whether or not the requirements of the building and zoning regulations and
the conditions herein agreed to are being complied with.
The provisions of this instrument may be released, amended, or modified from time to time
by recorded instrument by the then Owner or Owners of all of the Property, with joinders
by all mortgagees, if any, provided that the same is also approved by the Mayor and City
Commissioners of the City of Aventura, after public hearing.
Should this Declaration of Restrictions be so released, amended or modified, the Director of
the Community Development Department, or his or her successor, shall forthwith execute a
written instrument effectuating and acknowledging such modification, amendment or
release.
Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the
other provisions, which shall remain in full force and effect.
All rights, remedies and privileges granted herein shall be deemed to be cumulative and the
exercise of any one or more shall neither be deemed to constitute an election of remedies,
nor shall it preclude the party exercising the same from exercising such other additional
rights, remedies or privileges.
In the event of a violation of this Declaration, in addition to any other remedies available,
the City of Aventura, is hereby authorized to withhold any future permits, and refuse to
make any inspections or grant any approval, until such time as this Declaration is complied
with.
This Declaration shall be recorded in the public records of Miami-Dade County at the
Owner's expense.
[Execution pages follow]
4
Signed, sealed executed and acknowledged this
WITNESSES:
Print Name:
__day of ,2003.
MERCO GROUP
LANDINGS, I, INC.
By:
Print Name:
Print Name: Title:
AT AVENTURA
WITNESSES:
Print Name:
Print Name:
MERCO GROUP
LANDINGS, II, INC.
By:
AT AVENTURA
Print Name:
Title:
WITNESSES:
Print Name:
Print Name:
MERCO GROUP
LANDINGS, Ill, INC.
By:
Print Name:
Title:
AT AVENTURA
STATE OF FLORIDA,
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 by
, , ., who is personally known to
me or who has produced as identification and who did take/did not take
an oath.
Sign
NOTARY PUBLIC:
Print
State of Florida at Large (Seal)
My Commission Expires:
Administrative Director
Aha Rijo-Conde, A/CP
April 7, 2003
Ms. Joanne Carr, AICP, Planning Director
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
Re: Aventura Landings
NE 28 Court and NE 185 Street
Miami-Dade County School Board
Dc Michael M. Krop, Chair
Dr. Robert B. Ingram, Vice Chair
Agustin J. Barrera
Frank J. Bola~os
Frank J. Cobo
Peda Tabares Hantman
Betsy H. Kaplan
Dc Matra P~rez
Dc Solomon C. Stinson
SupeHntendent
of Schoo~
Me~e~ R. SEe~eim
Dear Ms. Carr:
Pursuant to the state-mandated and School Board approved Intedocal Agreement, local
government, the development community and the School Board are to collaborate on the
options to add ress the impact of proposed residential development on public schools where
the proposed development would result in an increase in the schools' FISH capacity
(permanent and relocatable), in excess of 11.5%. 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 ail o the impacted School facilities meet
the referenced review threshold. The proposed residential development will impact Ojus
Elementary, Highland Oaks Middle School, and Dr. Michael M. Krop Senior High School
currently operating at 184%, 171% and 145% of FISH capacity, respectively. However,
utilizing the County's Census 2000 figures, the proposed residential development will increase
the FISH capacity of Ojus Elementary, Highland Oaks Middle School, and Dr. Michael M. Krop
Senior High School to 202%, 174% and 147%, respectively (please see attached analysis).
As such, it is our recommendation that dialogue among all affected parties take place as it
relates specifically to public schools in the affeoted area that meet the review threshold.
Please note that S/S "PP1" and SIS "RR1" are funded for construction and SIS "D" is currently
funded in the facilities five-yearwork program for site acquisition, and for school construction.
However, although it is possible that this school will serve all or a portion of this general area,
the attendance boundary have not yet been established. As such, assurances cannot be
provided by the School District that the proposed school will help to alleviate the impacts of
the proposed development.
EXHIBIT #6
O1-REZ-03
Facilities Planning · 1450 N.E. 2nd Avenue, Suite 52,5. Miami, Florida 33132
305-995-7280 · FAX 305-995-7205 · www. facll, dade.k12.fl, us
Ms. Joanne Carr
April 7, 2003
Page Two
Also, attached is a list of approved Charter School Facilities countywide, which may provide
relief to the area of impact, as well as a report depicting previously approved applications
which impact the schools serving this development.
Additionally, pursuant to Miami-Dade County's Educational Facilities Impact Fee Ordinance
the proposed development, if approved, will be required to pay educational facilities impact
fees (impact fees) based on the following formula:
New residential unit square footage X .90 (Square Footage Fee) + $600.00 (Base
Fee) + 2% administrative fee = Educational Facilities Impact fee
As an example, assuming the proposed unit is 2,000 square feet, the 380-unit development
is estimated to generate approximately $930,240 ($2,448 per unit) in impact fees. This figure
may vary since the impact fees assessed are based on the actual square footage of each
dwelling unit.
In accordance with the Agreement, this letter and attached information should not be
construed as commentary on the medts of the pending zoning application. Rather it is an
attempt to provide relevant information to the Community Council on public schools that will
likely serve the proposed development and meet the referenced threshold.
As always, thank you for your consideration and continued partnership in our mutual goal to
enhance the quality of life for the residents of our community.
Coordinator Ill
PG:am
L-953
Attachment
CC:
Ms. Ana Rijo-Conde
Mr. Fernando Albuerne
Mr. Ivan Roddguez
Ms. Vivian Villaamil
SCHOOL IMPACT REVIEW ANALYSIS
APPLICATION:
REQUEST:
ACRES:
LOCATION:
NUMBER OF
UNITS:
ESTIMATED
STUDENT
POPULATION:
ELEMENTARY:
MIDDLE:
SENIOR:
Aventura Landings
Land use change from Business and Office to Residential and a
rezoning from B2 (Community Business) to RMF4 (Multi-family High
Density)
.72 acres
NE 28 Court and NE 185 Street
380 units
156 students*
84
38
34
SCHOOLS SERVING AREA OF APPLICATION:
ELEMENTARY: Ojus Elementary- 18600 W. Dixie Hwy.
MIDDLE: Highland Oaks Middle - 2375 NE 203 St.
SENIOR HIGH: Dr. Michael M. Krop Senior ~ 1410 NE 215 St.
* Based on Census 2000 information provided by the Miami-Dade County Department of
Planning and Zoning.
The following population and facility capacity data are as reported by the Office of
Information Technology, as of October, 2002:
STUDENT FISH DESIGN
POPULATION CAPACITY
PERMANENT
% NUMBER %
UTILIZATION OF UTILIZATION
FISH DESIGN PORTABLE FISH DESIGN
CAPACITY STUDENT CAPACITY
PERMANENT STATIONS PERMANENT
AND
RELOCATABLE
Ojus Elem 902/ 355 254%/ 134 184%/
986* 278%* 202%*
Highland Oaks 2385/ 1121 213%/ 270 171%1
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 Elementary:
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-instructional space utilized for
instructional purposes:
Teachers required to float/travel:
In each classroom, in special
computer labs and media center
None
Platinum Award for being an "A"
School and Superintendent's
Recognition Award
Before/After school care
Enrichment classes
Begins at 10:15 a.m.
Cafeteria, Library, Art Room, Music
Room and AV Room
Art, Music, Spanish S/SL, CCHL
and ESOL
.Highland Oaks Middle:
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-instructional space utilized for
instructional purposes:
Teachers required to floatJtravel:
Dr, Michael M. Krop Senior High:
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-instructional space utilized for
instructional purposes:
Teachers required to floatJtravel:
In each classroom, special
computer labs and Media Center
Cafeteria and Media Center
"A" School
None
Begins at 11:28 a.m.
Auditorium and Media Center
Gifted Science
In each classroom, in special
computer labs and Media Center
None
Seaman's Award for the AP Test
Scores in Math and Science
Magnet programs, Vocational
Begins at 10:18 a.m.
Art Gallery, Storage reoms, Offices
and Resource rooms
Social Studies
PLANNED RELIEF SCHOOLS IN THE AREA (information as of March 2003):
School Status Occupancy Date
State School "PPI" Planning N/^
State School "RRI"
State School "D"
Site Search N/A
In Progress
Site Search N/A
In Progress
OPERATING COSTS: According to Financial Affairs, the average cost for K-12 grade
students amounts to $5,833 per student. The total annual operating cost for additional
students residing in this development, if approved, would total $909,948.
CAPITAL COSTS: Based on the State's April-2003 student station cost factors*, capital
costs for the estimated additional students to be generated bythe proposed development are:
ELEMENTARY 84 x $13,185 = $1,107,540
MIDDLE 38 x $15,118 = $ 574,484
SENIOR 34 x $20,005 = $ 680,170
Total Potential Capital Cost
$2,362,194
* Based on Information provided by the Florida Department of Education, Office of
Educational Facilities Budgeting. Cost per student station does not include land cost.
PREVIOUSLY APPROVED DEVELOPMENT REPORT
AVENTURA (JANUARY '01 - MARCH '03)
Terr. KROP SR-4
AK$ M(D
2365 5 2390 112t 270 172%
KROP 8R
3556 4 3560 2366 79 146%
TOTAL 7005 20 7025 4203 535 148%
Revised 1/16/03
ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR THREE PARCELS OF LAND
LOCATED ON NE 28 COURT AT NE '185 STREET, AND
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A,
FROM B2, COMMUNITY BUSINESS DISTRICT TO RMF4,
MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT;
APPROVING A DEVELOPMENT AGREEMENT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
DEVELOPMENT AGREEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Ben Fernandez for Merco Group at Aventura Landings
I, II and Ill, 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, Muttifamily
High Density Residential District; and
WHEREAS, the applicant has entered into a Development Agreement in order to
guarantee compliance with self-imposed limitations on the development of the Property,
attached as Exhibit "B" and incorporated by reference herein; and
WHEREAS, the applicant has offered a Declaration of Restrictions in Lieu of Unity
of Title that binds the Owner of the Property to certain limitations on the development of
the Property, attached as Exhibit "C" and incorporated by reference herein; and
Ordinance No. 2003-
Page 2
WHEREAS, the City Commission concurrently with this rezoning application has
considered a small scale Comprehensive Plan amendment to change the land use
designation of the Property from Business and Office to Medium High Density
Residential (01-CA-03); and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local
planning agency has determined that the rezoning is consistent with the applicable
provisions of the City Comprehensive Plan as proposed to be amended; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the application for rezoning and
the proposed Development Agreement, and has considered the testimony of all
interested parties at the public hearings, and has determined that the rezoning action
set forth in this Ordinance is consistent with the Comprehensive Plan, as proposed to
be amended; the intended use of the land as described in the Development Agreement;
and the health, safety and welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The foregoing whereas clauses are hereby ratified
and incorporated within this ordinance.
Ordinance No. 2003-
Page 3
Section 2. Official Zoning Map Amended. That the Official Zoning Map
of the City of Aventura is hereby amended by amending the zoning designation for
three parcels of land located on NE 28 Court at NE 185 Street (Folio Numbers 28-2203-
000-0271, 28-2203-000-0284 and 28-2203-000-0231) from B2, Community Business
District, to RMF4, Multifamily High Density Residential District (see Exhibit "A" for Legal
Description).
Section 3. Development Agreement. The Commissionl hereby
approves the Development Agreement, a copy of which is attached hereto as
Composite Exhibit "B", and authorizes the City Manager to execute the Development
Agreement on behalf of the City. The Applicant shall record the Development
Agreement in the Public Records of Miami-Dade County, Florida, at its sole cost and
expense. In furtherance of the development and upon approval of the Site Plan for the
Property, the Owner also shall record the Declaration of Restrictions in Lieu of Unity of
Title in the Public Records of Miami-Dade County, Florida, at its sole cost and expense.
Section 4. Severability. The provisions of this Ordinance are declared
to be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but
they shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City
Ordinance No. 2003-
Page 4
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura and that the Official Zoning Map
of the City may be revised so as to accomplish such intentions.
Section 6. Effective Date. This Ordinance shall be effective immediately
upon the effective date of the small scale amendment to the Comprehensive Plan (01-
CPA-03).
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Robert Diamond
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Robert Diamond
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
Ordinance No. 2003-
Page 5
PASSED on first reading this 1st day of July, 2003.
PASSED AND ADOPTED on second reading this 2"d day of September, 2003.
ATTEST:
JEFFREY M. PERLOW, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this __ day of September, 2003.
CITY CLERK
Exhibit A to Ordinance No. 2003-
LEGAL DESCRIPTION:
Tract A:
The North 510.86 feet, of the following described property:
A portion of the Southwest 1/4 of Fractional, Section 5, Township 52 South, Range 42 East, Miami-Dada
County, Florida, being more particularly described os follows:
Beg~n ct the Southwest corner of the Northwest 1/4 of the Southeast 1/4- of the Southwest 1/4- of said
Fractional section 5; thence N 89'59'25" W, along the South llne of the Northeast 1/4, of the Southwest I/4. of
the Southwest 1/¢, of said Section 3, for 80.21 feet; thence N 0'01'45" E for 310.86 feet to o paint 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 69~-.69 feet and
a central angle of 0'6'30" for an arc distance of 1.31 feet to a point of tangency; thence S 89'58'15" E, along
a line parallel with end 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 I/4 of the Southwest 1/4 of said Section 43, for 431.94 feet; thence
S 0'00'¢5" W, along the Westerly right-of-way llne of NE 28th Court and its Southerly prolongation as recorded
in Official Records Book 6088, Page 180 of the Public Records of Miami-Dada County, Florida, for 760.62 feet;
thence N 89'59'25" W, along a line parallel with and 44-9.91 feet South of, as measured at right angles to the
North llne 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 llne of the Southwest 1/4 of the Southwest 1/4, of said SocUon 3,
for ¢¢g.95 feet {o the POINT OF BEGINNING, lying and being in Miami-Bade County, Florida.
Tract B:
The South ¢49.91 feet, of the following described property:
A portion of the Southwest 1/4 of FracUonol, Section 3, Township 52 South, Range 42 East, Miami-Dada
Coumty, .Florida, being more partlculady described as follows:
Begin at the Southwest corner of the Northwest 1/4- of the Southeast 1/4- of the Southwest 1/4. of sold
Froctlonal sectian 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 SecUon 5, for 80.21 feet; thence N O'01'45" E for 510.86 feet to c point on a
curve (said point bears S 0'8'15" W from the radius point of the next described clraulor curve); the,qce
Southeasterly, along a circular curve to the left (concave to the Northeast), having a radius of 694..69 feet and
a cenb'al angle of 0'6'50" for an arc distance of 1.51 feet to a point of tangency; thence S 89'58~15" E, along
a llne 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 sold SecUon 5, for 431.94- feet; thence
S 0'00'45" W, along the Westerly right-of-way llne of NE 28th Court and its Southedy prolongation as recorded
in Official Records Book 6088, Page 160 of the Public Records of biiami-Dode County. Florida, for 760.62 feet;
thence N 89'59'25" W, along a llne parallel with and 4-49.91 feet South of, os measured at right angles to the
North llne of the Southwest I/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 346.87
feet; thence N 0'4-6'52' W, along the East llne of'the Southwest 1/4- of the Southwest 1/4, of said Section 5,
for 4-49.95 feet to the POINT O# BEGINNING, lying and being in Miami-Dada County, Florida.
Tract C:
A portion of the East 1/2 of the Southwest 1/4- of the Southeast 1/4 of the Southwest 1/4 of Fractional
Section 3, Township 52 South, Range 42 East, IVliami-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 Southwest 1/4. of the
southwest 1/4 of said Fractional Section ..%, 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, o distance of
90.17 feet to the point of intersection wth East right-of-way boundary of Northeast 28th Court as described in
that certain right-of--way Deed to Dodo County filed on September 10, 1968, in Official Records Book 6088,
Page 160 of the Public Records of Moral-Dada County, Florida, being the POINT OF BEGINNING of the parcel of
land hereinafter to be described; thence run S 0'00'4-5' W along the aforesaid described line, a distance of
561.28 feet to the point of intersection with a llne 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 $;
thence run N 89'57'54" E along the lost described line, a distance of 200.28 feet to o point, sold point being
46.75 feet West of the East bounds.r,/ the Southwest 1/4 of the Southeast 1/4- of the .Southwest 1/4. Of
said Fractional 3; thence run N 0'00 4-5°"f E along a llne that is 200.28 feet East of and parallel to the said
East boundary of Northeast 28th court, a dlstonce 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 89'5g'25" w along the last described llne, a distance of 200;28 feet to the POINT OF BEGINNING.
Exhibit B to Ordinance No. 2003-
MARCH 14, 2003 DRAFT
DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is made and entered
into as of the day of , 2003 by and between the
City of Aventura, Florida a municipal corporation, ("City") and MERCO GROUP
AT AVENTURA LANDINGS I, INC., MERCO GROUP AT AVENTURA
LANDINGS II, INC. AND MERCO GROUP AT AVENTURA LANDINGS III,
INC. (collectively "Owner").
RECITALS:
WHEREAS, the Owner owns the property, consisting of
approximately 9.02 gross acres of land (the "Property"), the legal description of
which is attached hereto as Exhibit A; and
WHEREAS, the Owner has proposed in the Application to develop
the Property with the planned uses (the "Project") described in Exhibit B
attached hereto; and
WHEREAS, the Owner has filed applications for development
approvals relating to the Property, including an application to amend the City of
Aventura Comprehensive Plan, an application for rezoning, an application for
site plan approval, an application for various variances required to develop the
Project, and an application to close a portion of NE 28t~ 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 185ta Street extension, as well as dedicate needed right-of-way
for N.E. 185m Street and construct such roadway within the Property, which will
satisfy the needs of the Project and remedy an existing deficiency, which actions
will also provide a significant enhancement to the quality and utility of other
area roadways; and
WHEREAS, this Agreement is intended to and shall constitute a
Development Agreement among the parties pursuant to the Florida Local
Government Development Agreement Act Sections 163.3220-163.3243, Florida
Statutes (the "Act"); and
WHEREAS, the City of Aventura City Commission has considered
this Agreement at public hearings held on July 1, 2003 and September 2, 2003,
and has determined that the Project and this Agreement are consistent with the
City's Comprehensive Plan and the land development regulations the City has
promulgated pursuant thereto; and
WHEREAS, City has determined that it is in the public interest to
address the issues covered by this Agreement in a comprehensive manner in
compliance with all applicable laws, ordinances, plans, rules and regulations of
the City, while allowing the Owner to proceed with the development of the
Project in accordance with existing laws and policies, subject to the terms hereof,
and the City has agreed to enter into this Agreement with the Owner.
NOW, THEREFORE, in consideration of the foregoing, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
1. Recitations. The foregoing recitations are true and correct
and are incorporated herein by reference.
2. The Project. A description of the Project, including
population densities, and building intensities, is attached to this Agreement as
Exhibit B.
3. Applications for Development Approvals. Promptly
following the effective date of this Agreement, the Owner will initiate and
diligently pursue all applications for development permits (as defined by Section
380.031(4), Florida Statutes), which were not previously obtained. A list of all
local development permits required to be approved for the development of the
Property is attached hereto as Exhibit C. City shall process all development
permit applications in a timely fashion and the City shall cooperate with the
Owner (at no cost to the City) in processing all necessary development permit
applications with Federal, County and State agencies as needed.
4. Funding for Public Facilities. (a) Owner agrees to dedicate
to the City on the effective date of this Agreement the required road right-of-way
for NE 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
284 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 finctings that all of the
public services and facilities necessary to serve the Project meet or exceed the
established LOS standards. Furthermore, the City agrees that during the term of
this Agreement, it shall provide and reserve concurrency-related public facility
capacity for the Project.
7. Laws Governing this Agreement. The City's laws and
policies governing the development of the Project and the Property at the time of
the execution of this Agreement (including, but not limited to the City's
concurrency management program as set forth in Section 31-239 of the City
Code) shall govern the development of the Project and the Property for the
duration of this Agreement. The City may apply subsequently adopted laws and
policies to the Project only as otherwise permitted or required by the Act.
8. Consistency with the Comprehensive Plan. The City has
adopted and implemented the Comprehensive Plan. The City hereby finds and
declares that the provisions of this Agreement dealing the Property are
consistent with the Comprehensive Plan and its adopted land development
regulations.
9. Public Facilities and Concurrency. Owner and City anticipate
that the Project will be served by those roadway transportation facilities
currently in existence as provided by State, County and City roadways. It is also
anticipated that the Project will be served by the public transportation facilities
currently in existence, including those provided by Miami-Dade County, and
other governmental entities as may presently operate public transportation
services within the area. Sanitary sewer, solid waste, drainage and portable
water services for the Project are expected to be those services currently in
existence and owned and operated by the Miami-Dade County Water and Sewer
Authority Department. The Project will also be serviced by any and all public
facilities, as such are defined in Section 163.3221(12), Florida Statutes (2002), and
as such are described in the Comprehensive Plan, specifically including, but not
limited to, those facilities described in the Comprehensive Plan's Transportation,
Infrastructure, and Capital Improvements Elements. A full listing of all such
public facilities is set forth on Exhibit D attached hereto.
10. Recording of the Development Agreement. Within fourteen
(14) days after the City executes this Agreement, the City shall record this
Agreement with the Clerk of the Circuit Court of Miami-Dade County. The
Owner shall submit a copy of the recorded Agreement to the State of Florida,
Department of Community Affairs (DCA) within fourteen (14) days after this
Agreement is recorded. This Agreement shall become effective only after (a) it
has been recorded in the public records of Miami-Dade County, and Co) thirty
(30) days have elapsed after DCA's receipt of a copy of the recorded Agreement.
The Owner agrees that it shall be responsible for all recording fees and other
related fees and costs related to the recording and delivery of this Agreement as
described in this section. The provisions hereof shall remain in full force and
effect during the term hereof, and, subject to the conditions of this Agreement,
shall be binding upon the undersigned, and all successors in interest to the
parties to this Agreement. Whenever an extension of any deadline is permitted
or provided for under the terms of this Agreement, at the request of the either
party, the other party shall join in a short-form recordable memorandum
confirming such extension to be recorded in the public records of Miami-Dade
County.
11. Term of Agreement. (a) This Agreement shall terminate on
the date which is five (5) years from the effective date hereof. (b) In addition to
the foregoing, the term of this Agreement may be extended by mutual agreement
of the City and Owner in 2.5 year increments for up to an additional five (5)
years from the effective date, subject to public hearing in accordance with
§163.3225, Florida Statutes. City approval shall not unreasonably withheld
provided that the City finds that the Owner has complied with the obligations
applicable to Owner in Paragraph 4 above. No notice of termination shall be
required by either party upon the expiration of this Agreement and thereafter the
parties hereto shall have no further obligations under this Agreement.
12. Time for Completion. Owner shall commence development
of the Project after the effective date of this Agreement, as set forth in paragraph
11, above. Ail 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. Severabili_ty. In the event any term or provision of this
Agreement be determined by appropriate judicial authority to be illegal or
otherwise invalid, such provision shall be given its nearest legal meaning or
construed as deleted as such authority determines, and the remainder of this
Agreement shall be construed to be in full force and effect.
21. Litigation. In the event of any litigation between the parties
under this Agreement for a breach hereof, the prevailing party shall be entitled to
reasonable attorney's fees and court costs at all trial an appellate levels. The
terms of this paragraph shall survive the termination of this Agreement.
22. Time of Essence. Time shall be of the essence for each and
every provision hereof.
23. Entire Agreement. This Agreement, together with the
documents referenced herein, constitute the entire agreement and understanding
among the parties with respect to the subject matter hereof, and there are no
other agreements, representations or warranties other than as set forth herein.
This Agreement may not be changed, altered or modified except by an
instrument in writing signed by the party against whom enforcement of such
change would be sought and subject to the requirements for the amendment of
development agreements in the Act.
24. Force Majeure. Any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials
or reasonable substitutes therefore, riot, civil commotion, fire or other casualty,
and other causes beyond the reasonable control of the party obligated to
perform, excluding the financial inability of such party to perform and excluding
delays resulting from appeals or rehearings commenced by the Owner (any such
causes or events to be referred to herein as a "Force Majeure"), shall excuse the
performance by such party for a period equal to any such period of prevention,
delay or stoppage.
Signed, sealed, executed and acknowledged this day of
WITNESSES: MERCO GROUP
LANDINGS I, INC.
~ 2003.
AT AVENTURA
Print Name:
Print Name:
By:
Print Name:
Title:
WITNESSES:
Print Name:
Print Name:
MERCO GROUP AT AVENTURA
LANDINGS II, INC.
By:
Print Name:
Title:
Print Name:
Print Name:
MERCO GROUP AT AVENTURA
LANDINGS III, INC.
By:.
Print Name:
Title:
Attest:
CITY OF AVENTURA, FLORIDA
By:
By:.
Theresa Soroka, Clerk Eric Soroka, City Manager
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
[INSERT LEGAL DESCRIPTION FOR AVENTURA LANDINGS PROPERTY]
EXHIBIT B
PROJECT LAND USES, DENSITIES AND INTENSITIES
The Project includes the following described development, permitted on the
Property as described in Exhibit A attached to the Agreement.
Townhome Parcel. (South of Proposed NE 185th Street and west of
current NE 28th Court). This parcel is 4.482 acres gross, and 4.07
acres net. Proposed development of this parcel is for 62
town_homes 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 apaxhnent 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 Ber¢ow
Address: Bercow & Radell, P.A.
200 South Biscayne Blvd., Suite 850
Miami, FL 33131
Exhibit C to Ordinance No. 2003-
(Space reserved for Clerk)
DECLARATION OF RE.~ i KICTIONS
IN LIEU OF UNITY OF TITLE
(Residential)
KNOWALL BY THESE PRESENTS that the undersigned Owner hereby makes, declares and
imposes on the land herein described, these easements and covenants running with the title to the
land, which shall be binding on the Owner, all heirs, successors and assigns, personal
representatives, mortgagees, lessees, and aga!nst all persons claiming by, through or under them;
WHEREAS, the undersigned Owner holds the fee simple title to the land located in the City
of Aventura in Miami-Dade County, Florida, described in Exhibit "A," attached hereto, and
hereinafter called the "Property,' which is supported by the attorney's opinion attached as Exhibit
'8,' and
WHEREAS, Owner is desirous of developin§ 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 sta§es, 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 buildin§s on the Property for sale
to multiple owners or in a condominium or association format of ownership and/or in two or more
phases,
NOW THEREFORE, in consideration of the premises, Owner hereby freely, voluntarily and
without duress agrees as follows:
This agreement on the part of the Owner shall constitute a covenant running with the land
and will be recorded, at Owner's expense, in the public records of Miami-Dade County,
Florida, and shall remain in full force and effect and be binding upon the heirs, successors
and assigns of the respective parties hereto, until such time as the same is released in
writing as hereinafter provided.
The Property will be developed in accordance with the site plan entitled, "Aventura
Landings", prepared by Mouriz/Salazar Architects dated last revised on June 6, 2003. No
modification shall be effectuated without the written consent of the then owner(s) of the
phase or portion of the property for which modification is sought, and the City Manager.
The City Manager's approval determination shall be made pursuant to section 31-79(j) of
the City's Land Development Regulations. Should the City Manager withhold such
approval, the then owner(s) of the phase or portion of the Property for which modification is
sought shall be permitted to seek such modification by application to modify the plan or
covenant at public hearing before the City Commission.
If the subject property will be developed in phases, that each phase will be developed in
accordance with the approved plan, except as otherwise modified pursuant to section 31-
78(k)(3)b.2 of the City's Land Development Regulations.
In the event of multiple ownerships subsequent to site plan approval, that each of the
subsequent owners shall be bound by the terms, provisions and conditions of this
Declaration of Restrictions in Lieu of Unity of Title. The Owner agrees that he or she will
not convey portions of the Property to such other parties unless and until the Owner and
such other pa~/(parties) shall have executed and mutually delivered, in recordable form,
an instrument to be known as an 'easement and operating agreement" which shall contain,
among other things:
a. Easements in the common area of each parcel for ingress to and egress from the other
parcels;
b. Easements in the common area of each parcel for the passage and parking of vehicles;
c. Easements in the common area of each parcel for the passage and accommodation of
pedestrians;
d. Easements for access roads across the common area of each parcel to public and
private roadways;
e. Easements for the installation, use, operation, maintenance, repair, replacement,
relocation and removal of utility facilities in appropriate areas in each such parcel;
f. Easements on each such parcel for construction of buildings and improvements in favor
of each such other parcel;
2
Easements upon each such parcel in favor of each adjoining parcel for the installation,
use, maintenance, repair, replacement and removal of common construction
improvements such as footings, supports and foundations;
h. Easements on each parcel for attachment of buildings;
Easements on each parcel for building overhangs and other overhangs and projections
encroaching upon such parcel from adjoining parcel such as, by way of example,
marquees, canopies, lights, lighting devices, awnings, wing walls and the like;
j. Appropriate reservation of rights to grant easements to utility companies;
k. Appropriate reservation of rights to road rights-of-way and curb cuts;
I. Easements in favor of each such parcel for pedestrian and vehicular traffic over
dedicated private ring roads and access roads; and
Appropriate agreements between the owners of the several parcels as to the obligation
to maintain and repair all private roadways, parking facilities, common areas and
common facilities and the like.
These provisions or portions thereof may be waived by the City Manager if they are not
applicable to the subject property. The provisions of the easement and operating
agreement shall not be amended without prior written approval of the Office of the City
Attorney. In addition, such easement and operating agreement shall contain such other
provisions with respect to the operation, maintenance and development of the Property as
to which the parties thereto may agree or the City Manager may require, all to the end that
although the Property may have several owners, it will be constructed, conveyed,
maintained and operated in accordance with the approved site plan and in a coordinated
and unified manner.
This Declaration shall be in effect for a period of 30 years from the date the documents are
recorded in the public records of Miami-Dade County, Florida, after which time they shall
be extended automatically for successive 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 necessa~ to
preserve and protect the Property for the purposes herein intended.
Enforcement of the declaration shall be by action at law or in equity with costs and
reasonable attorney's fees to the prevailing party.
No combination shall be approved where approval would allow a violation of any other
provision of this chapter.
The maximum residential density on the Property shall not exceed 45 dwelling units per
gross acre.
3
10.
11.
12.
13.
14.
As further part of this agreement, it is hereby understood and agreed that any official
inspector of the City of Aventura, or its agents duly authorized, may have the privilege at
any time during normal working hours of entering and investigating the use of the premises
to determine whether or not the requirements of the building and zoning regulations and
the conditions herein agreed to are being complied with.
The provisions of this instrument may be released, amended, or modified from time to time
by recorded instrument by the then Owner or Owners of all of the Property, with joinders
by all mortgagees, if any, provided that the same is also approved by the Mayor and City
Commissioners of the City of Aventura, after public hearing.
Should this Declaration of Restrictions be so released, amended or modified, the Director of
the Community Development Department, or his or her successor, shall forthwith execute a
written instrument effectuating and acknowledging such modification, amendment or
release.
Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the
other provisions, which shall remain in full force and effect.
All rights, remedies and privileges granted herein shall be deemed to be cumulative and the
exercise of any one or more shall neither be deemed to constitute an election of remedies,
nor shall it preclude the party exercising the same from exercising such other additional
rights, remedies or privileges.
In the event of a violation of this Declaration, in addition to any other remedies available,
the City of Aventura, is hereby authorized to withhold any future permits, and refuse to
make any inspections or grant any approval, until such time as this Declaration is complied
with.
This Declaration shall be recorded in the public records of Miami-Dade County at the
Owner's expense.
[Execution pages follow]
4
Signed, sealed executed and acknowledged this
WITNESSES:
Print Name:
day of ,2003.
MERCO GROUP
LANDINGS, l, INC.
By:
Print Name:
Print Name: Title:
AT AVENTURA
WITNESSES:
Print Name:
Print Name:
MERCO GROUP
LANDINGS, II, INC.
By:
Print Name:
Title:
AT AVENTURA
WITNESSES:
Print Name:
Print Name:
MERCO GROUP
LANDINGS, III, INC.
By:
Print Name:
Title:
AT AVENTURA
STATE OF FLORIDA,
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 20 __~ by , who is personally known to
me or who has produced as identification and who did take/did not take
an oath.
Sign
NOTARY PUBLIC:
Print
State of Florida at Large (Seal)
My Commission Expires:
CLICANT REPRESE ATIVE AFF,,.,AVIT
Relationship ~i,e. ~ome~ ~ L~
Ben Fernandezr Esq.
Mouriz/Salazar & Assoc.
Xa~ects, F_.ng~e~l. obby~,E~.)
Attorney
Architects
Manuel Echazametta
Engineer
(Attach Additional Gheets If Necessaz~
NOTICE:ANY STATEUF. Ei' Off REPRESENTATION UADE BY ANY PERSON USTED OH THE APPUCANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE
DEVELOPUENT PERU[T AND THE OWNER O.F THE SUBJECT PROPERTY. APPUCANT~ AND AFRANTS
ADVISED TO TIUELY SUPPLEUENT THIS AFRDAVIT PURSUA~ TO SEC. 31-71(BX2)(IV) OF THE CITES I-AND
DEVELOPUENT REGULATIONS IN THE CITY COOE, IN THE EVENT THAT PRIOR TO CONSIOERATION OF THE
APPUCATION BY THE ~ BOARD OR COUUIS$ION, THE INFORUATIOH PROVIDED IN THE AFF'j~AVIT
BECOUES INCORRECT OR INCOUPLETE.
Name: Ben Fernan~ez~(~sc~. Name: ~"m~-~ Meruelo
·
T~ Attorne,v T~e: /
/
~ 200 S. Bt~ca_vn~ Blvd., ~ 850 Address: q,~ ~ 4n~
STATE OF FLORIDA
COUNTY OF I~IA~I-DADE)
Eomero Merue*lo &
Betore me ~te uademlgned ~ulhodty persona~ appeared Sen Fernanc]e3 as Ifle authc~zecl re~e mi ~e
Applicant and/o~ the miner ot Ifle property subjec[ to ~e apprlcalJon, 'who being first by me duly sworn, ~id swe,~r or strrm lt~t he/she
SWORN TO AND SUBSCRIBED BEFORE ME this 3 .cb.y of _.E.e..b.. .
?r t sto
bO ilFll S RELATIONSHIP AFi:IDA ,,'
This Aff~davit is m~de pursuant to Sectio~ 31-71~)(2)(~ o! the City of Avemura Land Development Code. The undemigned N1'~ant hereby
d?~toses that: (n~ with "x' appficable portions on[y)
Afl'ant does not h~ve a Business Retatio,'~ship ~ any memher of the City Commission or any City Advisory
Board to which the application will be presented.
[ J 2. Afl'ant hereby discloses that it does have a Business Re~3.tionship with a member of the City Commission or a
Ci~ Advisory Board to whk:h the appl~catk~ will be presented, as foltows:
serves).
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commiss~ or City Advisor' Board upon which member
The nature of the Business Relationship is as follo~:
Iii.
[1~.
Member of City Cemmiss'~ or Board holds ~n ownership interest lo excess of 1% of total assets or
capital stoc~ of Ai:)~cent or Reprasontative;
Member of City Commisskx~ or Board Is a partner, co-shareholder (as to sba'as of s coq~3r~tion
v,~nich are not r~sted o~ any natkx~l or reglona~ stock exchange) or Joint venturer with the A~limnt or
Represont~tive In shy busbass venture;
The A,op~loant or Representative is ~ Client of a member of the City Commission or Board or a Client
of another pmfeaslonal wo~ng Imm I~e same off~ or for the same employer as the member o! the
City Commission or Board;
[]iv, A city Commisslooer or Board memher is ~ client of the Applicant or Repmsen~tive;
The Applicant or Representative is a Customer of the member o! the City Commission or Boa. rd (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the C~
Commission or Board (or his or her er~loyer) in a given calendar year;,
[ I vi. he member of the City Commission or Bead is a Customer of the .~prtcont or Representative and
t~m~acLs more Ihan $25,000.00 o! the business of the Applicant or Representative in a given
WrfNE~S MY HAN~_j[~ DAY OF ~ ,- 2 0 0 2
W~ESS I,W HN, D THiS O^Y OF .20Or.
PROPERTY OWNER:
(S~gna~ure)
"The terms 'Business Re[atA3nsflip: 'C~onh" "Ousfomer," ",a~opFicanL" "Representative" end "Interested Person' are defined in
Sec~on 2.395 of the Avenlura Ciiy Code.
l~j~lS ~ DAY O~ February
Name:/cmero Meruelo (~U Name:
T~: ~,~t) r~:
(Sk~ature
[Pm)
By:, (~Lure) By:.. (S/gnature
Nax~ /P~ ~ne: fP~
· T~lte: (PUnt) Tdfet ~nt)
By:. .(Signature) By:. (Signature
Name: (P~t) Name:
THe: (Pd~ r~Je: (Pdnt)
By', [$~nature) By:.. (Signature
~ .(,=~nO Name:
T~de: (Fv~ T~e: (Pr~)
NOTE: 1) Usedupll~atesheets~dtsd~ureM{onaatlank~Repre~eataUverar~s
Applicants mhd Affiants mm mdvkted to timely ~pplemeat
Clys Land Oevelepmeat Regul~s in ~e City C~e, In I~e event that pder to c~.~ldera~fl of the application
by ~e City Board or Commissio4% ~e k~ma~ prorated la I~e Affidadtt becomes Irtc~tect ~ ~lete.
~OTA. RIZATIOt4 pROVI~(O~
Feb.
AFRANT
BUSINESS RELATIONSHIP AFRDAVrr*
~ Nf~avit is made pursue.hr to Section 31-71(b1(2)(i~ et Ihe City o( Aventura Land 0evelqomeot Code. '[he uc4ersignecl Nt'~! hereby
~ I. ,Afl'~'~{ ~ riel have a Bus,ness Relationship wi~ any mentor el the City Cor~issi0~ (x' any City
-'- .Board to wh~ tm appacat~ ~ll ~ ixeserded.
[]2.
Nfant hereby ¢~scioses that il does have a Business Relationship wilh a membe~ ~ the PAy Commission or a
C~/Advisory Bead to wflic~ fie e,opfica'don will be ixesented, as fello~:
(List name e! Commissia~e~ or Advisor/Board MembeO who Sem~ on the
(List CKy Commission o¢ Ci~ Adviso~7 8oard upe~ which member
The nature o{ the Busiaess I~a~ship IS as folbws:
(IL
Member o{ City Cammissloo o( Boa~d holds an mip W. emst in execs o{ t% o{ to~ ~= or
capital stock al A~ o~ Fteg~mtalJve;
[Ii. '
'rhe Apprtcant or Repmse~taSve is a Cr.~erd o! a membe~ d ~e C~ Comic~ oe Boerd o~ a C~mt
of armther ixolesslonal work~g lmm the same office ~ lot the same emp!oyer as the member' of lie
[ J iv. ^ City Commissioner o~ Board membe~ is a ~em of the Appacant or Repmse~mlNe;
[Iv,
The Apprmt ~ Pepeseatative is a Customer o! me member o{ te City C~miss~ qr ~ (or of
his or he~ employer) and trans~cts more ~ $10,000.00 of ~e business of the member of the City
[or hi, s or her employer) in ~ given c~ienda' y~,
Cammission o~ 8card Is a Customer el the Ai:~cam o~ Represec, ia~ve a~l
more Iron $2S,Q(X).O0 of the busthes~ e( ~e Ai~rtcant oe Representative k~ a g'~en
arms 'Bus/mss Re/a~nst~p,' "C~e~ · 'Customer'.' "/lppa'ca~' 'Re~'esena/~" ~ '/ngeres~ed Pe~on' are derr~,,d/n
8e<;~ a-,~ o/~e Aventura City Code.
W~TNFSS~YHAND'~t$ ~ DAYOF February
B~ ~ ~j ~, (S~,ure) B~.
~: B~n ~~ (P~nt) N~e:
TAle: ~t~n~np~ (Pdnt) TAle:
($~gnature
By:.. .(Signature) By:. (Signature
Name: .(Pr/nO Name: (Pr/nO
~. (S~ture) Br.
By'.. (Signature) By:. (Signature
Name:. .(Pr~hr) Name:
T~Je: (Pr~hr) T'gte:. (P~t)
B~. (Signature) By;, (Signature
Name:. .(Print) Name:
~ ~S~e) Br.
~IOTE 1} Use duplicate sheets If disclosure I~ton~ti~n lot Representative varies
Nof~/PubSc b'~te o( Fkxlda At Large
Pdnted Name o(No~
h~y ~ exD~s:
BUSINESS RELATIONSHIP AFFIDAVIT*
~ A,'f~vit is made pumuant to Section 31-71(o)(2)(i,~ o{ the CAy of Aveatura Land Oevek~pme~t Code. The undersigned Nt'mt hereby
crees ~ (mark ~ 'x' appr~'.ab~e po~ns onh4
A~ant does no~ have a Business Re~ionship with any member ol the City C~am~ion oc any City Advisory
Board to which Ihe applicalion Mil be Fasente¢
[ ]2. Nfant hereby discloses thai il does have a Bosinass Relatio~aip wi~ a membe~ of tbe ~ ~ or a
City Advisop/BOad Io which the appfica~n 'will be lxe. sented, as follows:
(List name o( Commissionor or Advisor~ Board Mambe41 who Se~es on the
(Ust City C~mmission or City Advisory Board u~ whk:h member
(iL
[Iai.
Remta~'m b any b,~i~ss venture;
The Appr~nt ~x Representative is a Client d a mambar d the City Comm~ or Boad ur a ~t
of another Ixofeasional working Imm the same office or for ~e same empbyer as ~e member o~ the
City Commission ar Board;
[ ] iv. ^ GAy Commissioner or Board member is a Client of the AppEcant or Repm=e~t~tive;
[ ] v. The Apprmt ~x Repraseatative is a Customer o! the member
his or bar employer) and t~m more than $10.000.00 of the business of the member of the Cib/
Com~k~ ~ Boaz~ (or his or her employer) in a gN'en c~leadar yeaq,
[ ] vt/..--;,.~Tt'~,[~ember o{ the City Commission or BOa.d Is a Customar of the Api3r, canl. or Re~reserd=~l;,ve and
aro Meruelo
f:SSUY~NO~S~ OAYO~ February
.an.:
V~TNESS MY HANO THIS DAY OF February .2~..~.
Architect (Pdt) rKle:
6y:.
Name:
T,~:
NOTE: 1) Use~upllcatesbeetslfdtsck~urela(otma~nloeRepreseatatlve'~des
OTARIZATIO~ PROVISION
BUSINESS RELATIONSHIP AFRDAVIT*
~ M'~vit is made pumuant to Sec~3n 31-71(b)(2)('~] o( ~e Ck'y of Aventura ~ Development Code, The ut~emigned A~mm hereby
~ 1. Aff~t does not have a Business Relationsh¥ ~ any member el I~e City Commission o~ any City Advisory
-'- Board to whk:h the application wil~ be Ixe~ented.
[ ]2. Nf~ant hereby discloses that it does have a Business Relaticx~ip with a member o~ the C~ ~ ora
CAy Adviso~/Boan:l to which ~e al~'~af~on w;ll be Fesented, as foitows:
selves).
(List name el Cemmisskmer or Adviso~ Board Membe~ who senms m the
(List City Comm~ion or City Advisoq, aoard upon wh~ member
(]~
IIi. ' l~temt~ofCe/Cmtwisskm~6oa~disapamor, co-sharebol~or(astoshueso(ao:~ixxar~o.
[]~
'l~e Ai3PScant or Representa6ve is · Client of ~ member oHhe City Commission or Board or ~ Cfie~t
of ariel.' pmfessio~ worldng Imm the same office o~ to~ the same empk3yer as the member of the
lIN,. A City C~mmissionor or Board member is a Client o~' the App6cant or Repre~entatN, e;
[]v. The ApprK~t m' Pelxese~laUve Is a Customer of I~e member of the City Commission or ~rd (or ~
his or her ern~byer} and tmn..<acts mom ~ $10,000.00 o! ~e business of the member of ~ C~7
Comm~ian or B:~d (or his or he~ employer) in a given c~tendar yeac
[]vi. ~e member of the City Commission or Soad t~ ~. Customor of the Apff~.,,al. or Representative and
Na~: I-forego ~eru~lo
W~cSS MY HANO THIS OAYOF, February
terms 'Bus/ness Re/at/ar, s~," 'G~ent,' 'Customer,' "/Ippr~ant.' "Represenfa/~" and 'Mtere~ Pe.m~q' are 6e~ned
ArPLICANT REPRESENTATIVE AFF.,AVIT
Pursuam to Sectio~ 3t -71 ~o)(2)(i) o~ the C~ of Ave~tur~ Land Development Code, his App[icafl! Represe~f,!LtJve
he.by made and submitted. The u~demig~ed suC'x~zed representative of the ind'widu~( o~ enlity app~y~g Io~ Ihe Development Permit.
~ich is iden~'~ in the accompan~ appr~tio~, a~ the owner ef the property subiec~ to me ap~icatien ('~ d'~forent) hereby lists and
identifies all perso~ representing b~e indMduaJ or entity applying for Ihe Development Permit in co~nec~io~ with Ihe
Name Relationship (i.e. ,~ome~ ,'~,c~ec~
.4~itec~, Engheem Lobbyists, Elc.)
JEFFREY BERCOW ATTORNEY
(Nmch Ad~mo~ Shee~ U Nece~
NOTIC~.:AHY STATEMENT OR REPRESENTATION I~DE BY ANY PERSON LISTED ON THE APPUCANT
REPRESEI~ATIVE AFRDAVIT StlN.L BE BINDING UPOH THE IHI~IDUAL OR EhiHf APPLYING FOR TilE
DEVELOPMEI~ PERMIT AHD THE OWNER O.F THE SUBJECT PROPERTY, APPUCANTS AND AFRANTS ARE
ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(BX2)(IV) OF THE C~['Y'S I..AHD
DEVELOPMENT REGULA,TIONS IH THE CITY CODE, IH THE EVENT THAT PRIOR TO CONSIDERATION OF THE
APPUCATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT
BECOMES INCORRECT OR INCOMPLETF_
MARCH
AddmssL200 S. BISCA~1E BLI/D.
SUITE 850, MIAMIw FL 33131
~e: HOM~O MERT]ET.Q
T~: P~SIDENT
~: 5101 COLLINS A~NUE
MI~I BEACH, FL 33140
STATE OF FLOPJDA )
COUI~Y OF MIAMI-DADE)
execute~ Ibis Nrxla~t ~ me puqx~s stat~ If~mln efta mat It Is true a~:l coa-ect.. WY//
· ,,,ag./l, rr- p' v .
SWORN TO N'IO BUBSCRISED BEFORE ME this 1 9cb. y OIMARCH , ~)~t.,- 2 0 ~'2
BUSINESS RELATIONSHIP AFFIDAVIT*
Tt~s M'~3.vit is made pu~suan{ to Sect/on 31-71(b}(2)(',') o~' the C~y o~ Av~tura Lar~ Development Code. The u~ersigned ~t hereby
d'~bses that: (mark w~ 'x' applicable po~ens enly)
[~ I. A~anl does no..._[~ have a Business Rdatio~ship wi~ any member al the City Comm~ion or any C~ Adviso~,
"- Board to which the application Mil be Ixasented.
[ ] 2. Nf'~ant hereby ~r~sciosas thai it does have a Business Relationship wi~ a membe~ of the City ~mmiss~ or a
C/ty Advbo~7 Board to which the apprc, a~,on will be p,*asente<l, as Ioaows:
{List name of Commissiaae[ or Adv{sory Board Membe,,) v/no Serves en the
(list City CommLssion or City Advisory 8oard upee ~ member
The nature of ~ Business Relationship Is as [oflo~:
IlL
~ Al:~licant or Representative is ~ Clieat o[ a member of the City Commiss~ a' Bead or a Ci'~ent
of a~other professional ~rking Imm the same or, ce or ~ the same employer as ~ member of
City Commissinn oc ~a~d;
[liv.
[Iv.
[]vi.
A City Commbsio~er or Board member h a Client of the App~cent or Represeatative;
T~e A,op~c~nt or Repraseotative is a Customer of the member of lhe City Caemisslen or Bo~d (or of
his or her employer) ~nd ~'ens~cts more ~ $10,000.00 of ~ business of the member of I~e City
Commissiea or Board (or his or her employer) b a given calender year,
~e memb~ of Ira City Commission or Bead ts a Custa~a. of the kR~ or Repmseata~e and
Iratsads mare ~ ~,25,000.00 of the business of ~ Apprtcant or RaprasenlalJve in a given
Section e-,.~ o/the Aventur~ C;~, Co~e.
~NESS MYH~O THIS 1 9 DAY OF MARCH
BT. ' ,I//t //~' / -c,*" (Signature) BT..
//\/ Y ·
NamfJEFF?EY BERCOW (Print) Ham,'.
T~]e: ATTORNEY (P~nt) T~le:
,-Z00~2002
(Signature
(Print)
.(P~t)
By:.. (Signature) By:. (Signature
Name: (Print) Name:, .(Print)
'1'd~e:, .(Pdnt) T~e: (Print)
By:. .(Signature) By:.. (Signature
Name: (Pdnt) Name:. [Print)
rf~e: (Print) 'l'dle: (Print)
BF (Signature) By:.. (Signature
Name: .(Print) Name: (Print)
Tdie:. (Print) '['die: (Print)
By:.. (Signature) By:. (Signature
Name: .(Print) Name: (Print)
Tdie; (Print) Tdie: .(Print)
By:. (Signa~re) B~. (Signature
Name; [Print) Name: (Pddlt)
T~e'. (Print) T~ie: (Print)
NOTE: 1) Use duplicate ,:heeLs If disclosure Infemmtion for Representative vartes
2) Applicm~ts and Aft"rants are advised to timely ,:upplement this Affidavit pursuant to Sec. 31-71(b)(2}(Iv) of the
City',: [~nd Development Regulations la the City Code, I~ the event that pdor to conslderation of the application
by the City Board or Commission, the I~fo~maUon provided M the Affidavit becomes Incorrect or incomplete.
NOTARIZATION PROVISION
STATE 0~: FLORIDA )
·. ,
My ~
STATE 0(: FLOPJO~
,COUNTY
~e Nf~L ~o belnQ F, rst by me duty sworn. Cd swear ~. &fl'~m~ grot
b'INORN TO AND SUBSCRIBED before me ~is ,'L,¥ O(
Note. r/P ubr. c State o( Fkxida N ~rge
P~ted Name of Notaq,
My commi,.mT~ expires:
STATE OF Fq=O~DA )
COUNTY OF
· e kfl'~nt, w~o bei~ first by me duly sv,~m, did swear
Nolar/Pubic State d Fk)6da At L.m,ge
STATiOn: ~ )
Nolae/P ublic $ ~.te a( ~ Al, L,e~ge
Published Daffy
MIAMI, FLORIDA
STATE OF FLORIDA
COD~qTY OF DADE
Before the undersigned authority personally appeared:
Who on oath that he is:
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishln~ 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: Thursday, June 19~, 2003; The Miami Herald, Local
Section: Pa~e 9B.
Affiant further says that the said Mi~ml Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that the said newspaper has heretofore been
continuously published in said Dade, County, Florida, each day and has been
entered as second class mail matter at the post office in Miami, in said Dade
County, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement.
~ TOM.~SI~O
Sworn to and subscribed before me
This ~ day of ~~ A.D. 2003
Ann tternandez
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL
PLANNING AGENCY
AND NOTICE OF AMENDMENT OF
COMPREHENSIVE PLAN
AND NOTICE OF AMENDMENT TO
OFFICIAL ZONING MAP
Public Notice is hereby g~ven that the City of AVentura LOCal Planning
Agency will meet in a public ~earing on Tuesday, July 1 2003 at
6:00pm to make a recommendatior regarding the adout~on of [he
following Ordinances:
AN ORDINANCE OF THE CITY OF AvENTuRA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF THE
CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE
MAP DESIGNATION FOR PROPERTY LOCATED ONNE 28
COURT'AT NE 185 STREEt', MORE PARTICULARLY
.DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM.
BUSINESS AND OFFICE TO ME[~iu~/I'~ HIGH .'DENSITY
RESIDENTIAL; PROVIDING FOR TRANGMI]-I'AL' TO THE
AGENCIES AS REQUIRED UNDER CHAPTER 163, PART 0,
FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE
DATE. (see mad for proper~ location)
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 PARTIOULARLY 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 I1~ THE
CODE; PROVIDING FOR AN EFFECTIVE DATE. ~see mai] for
oroper~ ocation)
Immediately following the Local Planning Agency meeting, the City
Commission df the City of-Aventura, as t~e governrng ,lody, will
consider on first reading at a ~ublic hearing Amendment of the
Comprehensive Master Plan and Amendment to the Official Zoning
.Map Ordinances' ,., ,.~
The Public Hearing Will be ~eld at city of' Aventu~ra Government
Center; 16200 West Country Club Drive Aventura Florida, 33180,
The proposed Ordinances may be inspected by the ~ublic at the Office
of the City ClerK, 19200,West Country Club Drive, Aventura Forda
Interes;~ed parties may appear at the Public Hearing and'be heard w th
respect to the proposed Ordinances,
In accordanc~..with the Americans witt~ Disabilities Act. of: 199(~,.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 da~'~ prior to ~uch proc!edings. .
If a person decides':~o appeal' any decision made 'by~ tile:~ity
Commission with respect to any matter cdns dered at a meeting or
hearing, that person wiil~ need a record of the.prdceedings and. for
such purpose, may nedd to .ensure that a verbatim record of the
proceedings is made,.which~ record ncludes the ,, test mony and
~evidence upon which the appeal is to b~ based.
Teresa M: Soroka. CMC, City Q~rk
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miarni-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-Dada
County, Flodda; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA'S INTENT TO CONSIDER A DEVELOPMENT
AGREEMENT WITH MERCO GROUP, ETC. JULY 1,2003
in the XXXX Court,
was published in said newspaper in the issues of
06/24/2003
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-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-Dada County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount,~rebate, commission or refund for the purpose
of securing?~ adc.ve~U~s~ent for publication in the said
:;°rn t: ::d~E cribed bef°r: me t '2~0 /
~ ' ' ~ OFRCL'U. NOTARy SEAL I
OAL FERBEYRE persorl~ll_~k_nownJ~,N~l~ LLERENA
' J NOTARY I'U3UC ST^'r~ OF FLORID^ I
I CO~4MiSSfON NO. CC 9~SS I
Landings III. Ii'x;. al3 July 1, 2003 at 6:00 p.m. a~ the City ~¢ Aventura
~ Ceatar, lg2OO West Court/CIu~ Drle~ Aventura, Flmlda,
s(x~thwest camera of ~e intemectiaa ~ NE 28 Caart and the ~u~ent anti
Tract A: A i:x~on of the ~outttwelt ~ ~' Fractional 8ectaon ~l~
Tra~ B: A podion of the ~athwe~ % of Free'ohM 8e~on 3,
Tmm~p ~ Seuth, Range 42 E~t I~at~m Goun~
Seuth, Range 42 Earl I~ml~Oade ~
Iovmlmnm unit~. 20~ ~ndomlntum uni~ a~d la8 Iofl.~te apmlment
June 12, 2003
Jeffrey Bercow, Esq.
Bercow & Radell
200 S. Biscayne Boulevard
Miami, Florida 33131
Re: Sirana at Aventura
Dear Mr. Bercow:
Miami Economic Associates, Inc. has performed analysis to determine whether re-
designation of a 9-acre parcel (the "Subject Property") within the City of Aventura from
Business and Office to Medium High Density Residential use is appropriate from the
perspective of market, fiscal and economic considerations. The Subject Property is
located east of Biscayne Boulevard and will straddle the alignment of Miami Gardens
Ddve when that roadway is extended east from Biscayne Boulevard. If re-designated as
proposed, the Subject Property would be the site of the Sirena at Aventura project that
will be comprised of 405 residential units including condominium apartments,
townhouses and lofts. This letter summarizes the findings of the analysis performed.
Summary of Findings
MEAl strongly believes that the Subject Properbj should be re-designated for to permit
the proposed residential based on the market, fiscal and economic considerations
discussed below.
Market Considerations
Designation of the Subject Property for Business and Office Use is inconsistent with the
realities of the Aventura market. As a result, it will likely remain undeveloped for the
foreseeable future if the current land use designation is maintained. Alternatively if it is
re-designated for residential use, its development would enjoy immediate market
support. Factors leading to this assessment are as follows:
Retail Use
The Subject Property's lack of frontage on Biscayne Boulevard renders it a secondanj
retail location. The importance of high visibility from Biscayne Boulevard is demonstrated
by the experiences of Loehmann's Fashion Island and the Promenade Shops, the two
largest shopping centers within the City other than the super-regional Aventura Mall.
The City of Aventura is a strong retail marketplace reflecting the high density and relative
affluence of its population. Survey of all the major retail properties within the City reveals
6861 S.W. 89~ Tm Ml~nli, I:lorlda 331S6
Tel: (30S) 669-0229 Fa]c {305) 669-8534 Emall: nle~lnl4~telocltv, com
Jeffrey Bercow, Esq.
June 12, 2003
Page 2
few, if any, vacancies, except at Loehmann's Fashion Island and Promenade Shops.
Leaving aside Aventura Mall which is unique among the properties surveyed by virtue of
its size and the drawing power of its anchor tenants, Loehmann's Fashion Island and
Promenade Shops are also the only two retail facilities surveyed in which the majodty of
tenants do not enjoy visibility from Biscayne Boulevard.
The current rate of vacancies at Loehmann's Fashion Island reflects the fact that the
property is proposed for redevelopment. However, redevelopment of the property is
being considered because it has historically struggled to achieve an occupancy rate
above 85 percent. Retail leasing and management specialists familiar with Loehmann's
Fashion Island unanimously believe that the facility's design that limited visibility from
Biscayne Boulevard to only a few tenants at the west end of the project has been the
most prominent factor for its historically poor rate of occupancy.
Promenade Shops are located immediately northeast of the grade separated
intersection of Biscayne Boulevard and Ives Dairy Road. As a result of the ramp
structures that create the grade separation, only the very northern portion of the
shopping canter is visible to northbound and southbound traffic along Biscayne
Boulevard. Stores located in the southeastem comer of the property are totally hidden
from sight. That area of the property evidences a particularly high vacancy rate including
the space that was formerly occupied by Winn Dixie, an anchor tenant. This is a
distinctly different situation than existed at the facility prior to the construction of the
roadway structure. The property's current estimated occupancy rate of 80 percent on an
overall basis strongly -- but negatively -- differentiates it from all other retail facilities
within the City of Aventura save Loehmann's Fashion Island.
MEAl believes that the historically poor performance of Loehmann's Plaza and the
problems experienced by retailers at Promenade Shops since they lost their visibility
from Biscayne Boulevard due to construction of the grade separated intersection will
make the development of any significant amount of retail spaca on the Subject Property
difficult to implement successfully.
Office Use
According to information complied by Black's Guide, the speculative office market in
Miami-Dade County is comprised of 798 buildings of 15,000 square feet or more each.
The buildings surveyed, all either completed or under construction at the time of survey
in March 2003, contain a total of 51 million square feet of spaca. Fourteen of the
buildings surveyed, containing a total of 1,055,317 square feet, are located in the City of
Aventura. Accordingly, Aventura accounts for less than 2 percent of Miami-Dade's
speculative offica market in terms of both number of buildings and square footage.
MEAl's survey of the 14 buildings within the City of Aventura revealed that 322,780
square feet, or 30.6 percent of the total, are available for lease. Included in this figure
are 262,500 square feet of space in 3 buildings currently under construction. Despite the
fact that marketing of 2 of the 3 new buildings began 3 years ago, 80 percent of their
space remains untenanted and/or uncommitted.
Mlml Economic Assoclate~ Inc. 686t S.W. 89m Terrace Miami, Florida 33156
Tel: (305) 669-0229 Fax: (305) 669-8534 Emil: mealnk~i)ellsoah.net
Jeffrey Bercow, Esq.
June 12, 2003
Page 3
MEAl believes that before new office development within the City of Aventura could be
considered, the current vacancy rate would need to be reduced from its current level of
30.6 percent to approximately 10 percent. The timeframe required to achieve this is
likely to be prolonged given the Iow level of space commitments in the three new
buildings dudng the past three years.
Hotel Use
Until 2000, the only lodging facility located within the City of Aventura was the Turnberry
Isle Resort and Club. Since then, two limited service hotels, a Courtyards by Marriott and
a Residence Inn, have been developed within the City of Aventure and a Hampton Inn
has been developed just over the City's boundary with Hallendale Beach. These three
properties contain approximately 400 rooms. A 170-room Embassy Suite is proposed for
development on a parcel immediately adjacent to the Subject Property, which will bdng
the total of new lodging units to 570.
As discussed above, the office market in Aventura is small, being comprised of just over
1,055,000 square feet of space, 30.6 percent of which are vacant. Given this situation
and the general downturn in travel since 9/11, MEAl believes that the three existing
limited service hotels will struggle to establish a composite level of occupancy of even 65
percent, notwithstanding the fact that they are "flagged" with three of the strongest brand
names in the limited service sector of the hotel industry. Performance information
compiled by Smith Travel Research supports this belief. Completion of the proposed
Embassy Suites, also a strong brand, will attenuate the pedod in which the market
records a Iow composite rate of occupancy. Given prolonged Iow occupancies and the
fact that the properties with the strongest flag-affiliations are already present in the
market, additional hotel development within the City of Aventura is considered highly
risky.
Residential Use
In contrast to the market constraints confronting the development of retail, office and/or
hotel uses on the Subject Property, the market environment for its development
residentially is strongly positive. Between 1990 and 2000, the population of the City of
Aventura increased from 14,914 to 25,267 people as nearly 5,150 households moved
into the City. To accommodate these new households as well as people seeking
seasonal homes within the City, approximately 7,200 new housing units were added to
the City's housing stock during the 1990's. More have been added since.
Interest in Aventura as the location for either a permanent or seasonal residence
remains strong; however, the City has minimal amounts of land available for new
residential development. Parcels along the peninsula historically known as Thunder
Alley in proximity to the new charter school and community center form the major
concentration of land remaining for new residential development It is also anticipated
the redevelopment of the Loehmann's Fashion Island property will include new
residential units. The Subject Property is the only other major opportunity for new
residential units to be developed within the City. Given the weak potential for its
Miami Economic Associates, Inc. 686t S.W. 8~ Terrace Miami, Florida 33156
Tel: (305) 669-0229 Fax: (305) 669-8534 Emall: mealnk~bellsouth.net
Jeffrey Bercow, Esq.
June 12, 2003
Page 4
development with non-residential uses, MEAl believes that the City should seize this
opportunity, thereby positioning itseff to derive the significant fiscal and economic
benefits described below.
Fiscal Considerations
As discussed in the opening paragraph of this letter, the Subject Pmperbj would be the
site of the 405 Sirena at Aventura project if it is re-designation for commercial use. The
proposed project would be comprised of 205 condominium apartment and 138 loft
apartments generally ranging in size from 900 to 1,430 square feet as well as 82
townhouse units in excess of 2,000 square feet each. The average price of the
townhouse units will exceed $400,000 (2003 Dollars) while the average prices for the loft
and condominium units exceed $310,000 and $277,000 (2003.Dollars), respectively.
Based on these price estimates, it anticipated that the overall market value of the project
in today's dollars will approximate $119,250,000. The taxable value of the project taking
into consideration current assessment standards within Miami-Dade County and the
deductions to assessed value due to the Homestead Exemption will be $85,275,000.
Development of the project described in the proceeding paragraph will generate
significant fiscal benefits for the City of Aventura. As shown below, these benefits will be
one-time and recurring in nature. The term "one-time benefits" relates to the revenues
that the City will receive during the projects development period while the term "recurring
benefits" relates to those received an annual basis after development is completed. The
principal benefits that will accrue to the City will be as follows:
One-time Benefits
· $ 38,588 in police services impact fees
· $150,408 in building permit fees
· Roofing, plumbing, electrical and mechanical permit fees~
Recurfinfl Benefits (2003 Dollars)
· $189,907 in ad valorem taxes
· $ 75,000 in franchise fees and utility taxes2
· Increased stormwater utility fees
· Increased gas tax revenues
· Increased sales tax revenues
· Increased state revenue sharing revenues
~ These fees cannot be estimated based on the level of plans currently available.
2 Includes fees and taxes on electrical, telecommunication and solid waste hauling services
based on estimated usage.
Miami Economic Associates, Int. 6861 S.W. 89~ Ten'ace Miami, Florida 33156
Tel: (305) 669-0229 Fac (305) 669-8534 Emall: mealnkGbellsouth.net
Jeffrey Bercow, Esq.
June 12, 2003
Page 5
in addition to the funds that the proposed Sirena at Aventura project will generate for the
City of Aventura, it will also benefit other governmental jurisdictions that impact the lives
of City residents, as follows:
One-time Benefits
· $ 753,782 in Miami-Dade County road, park and fire impact fees
· $ 700,215 in Miami-Dade Public School impact fees
Recurring Benefits (2003 Dollars)
· $ 529,068 in Miami-Dade County ad valorem taxes
· $ 40,950 in Library ad valorem taxes
· $ 224,216 in Fire ad valorem taxes
· $ 779,573 in Miami-Dade Public Schools ad valorem taxes
Economic Considerations
Development of Sirena at Aventura will benefit the private sector economy of the City of
Aventura as well as its government. The most obvious benefit to the economy will be
derived from the retail and restaurant expenditures of the project's residents. Based on
current mortgage underwriting standards, households residing at Sirana at Aventura will
require an average income approximating $120,000. It is further estimated that $35,000
of that amount will be spent in retail establishments, in restaurants and on entertainment
such as movies, with the result that the project's 405 households will spend $14,000,000
in such a manner. MEAl projects that $8.4 million of these expenditures will occur in the
City of Aventura producing an overall economic impact of $12.6 million when the
multiplier effect is taken into consideration.
Summary
Development of the proposed Sirena at Aventura residential project will provide the City
of Aventura and other govemmental jurisdictions that impact the lives of City residents
with significant amounts of revenue. It would also provide additional support for the
City's economy by virtue of the expenditures of project residents. In order to access
these benefits, the site of the proposed project needs to be re-designated from Business
and Office to Medium High Density Residential use. MEAl believes that such re-
designation is consistent with the realities of the marketplace that will preclude retail,
office and hotel development on the property for the foreseeable future. On the other
hand, strong market support for the proposed residential project.
Sincerely,
Andrew Dolkart
President
Miami Economic Associates, Inc. 686t S.W. 89~ Terrace Miami, Fled{la 33156
Tel: (305) 669-0229 Fax= (305) 669-8534 Emall: rnealnk~bellsouth.net
TRANSPORT ANALYSIS DAVID C. RHINARD, P.E.
PROFESSIONALS, INC. Principal
QUALIFICATIONS Continuously involved in transportation engineering for over 35 years, Mr.
SUMMARY Rhinard has been in responsible charge of numerous public and private sector
transportation projects and programs in South Florida for the last 32 years.
His experience ranges from multi-modal highway and transit system planning
to financing, impact analysis, preliminary engineering, traffic design,
construction, parking, traffic operations, and electronic toll collection
systems.
REGISTRATION
Professional Engineer, State of Florida
Professional Engineer, State of Michigan
Professional Engineer, Commonwealth of Pennsylvania
EDUCATION
AND TRAINING
MSCE - Transportation - Purdue University
BSCE - Pennsylvania State University
Professional Program in Urban Transportation - Carnegie-Mellon
University
Advanced Technical Topics in Urban Transportation - US DOT
Highway Engineering and Administration - US DOT
Transportation Finance - ITE - American Society of Civil Engineers
Site Traffic Impact Evaluation - ITE
Financing Urban Transportation Improvements - FHWA
Legal Aspects and Liability of Traffic Improvements - ITE
Traffic Accident Reconstruction - Northwestern University
Highway Capacity Analysis Workshop - University of Florida
PROFESSIONAL
EXPERIENCE
As co-founder of Transport Analysis Professionals, Mr. Rhinard has taken
direct charge of a variety of transportation planning, traffic operations, and
design activities for the firm. Internal management, proposal preparation,
presentations before cotmty and city commissions, planning and zoning
boards, and courtroom testimony are among his activities.
His project involvement on behalf of the firm includes developments of
regional impact, parking demand analyses, parking facility layout, impact fee
ordinances, traffic engineering assistance to South Florida municipalities,
roadway master planning, shopping center and multi-use development access
and parking analyses, traffic engineering and traffic data collection services
for county and state governments, site access evaluation and access
permitting, origin-destination surveys, specialized traffic generation rate
analyses, traffic signal warrant analyses, traffic improvement conceptual
design and preliminary cost estimates, downtown traffic cimulation plans,
AVENTURA LANDINGS
(01-CPA-03 and 01-REZ-03)
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THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A
TO THE ORDINANCE, FROM B2, COMMUNITY
BUSINESS DISTRICT TO RM4, MU[..T!--FAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; AND DO NOT
AGREE WITH ANY PROPOSAL TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ANY DEVELOPMENT
AGREEMENT. TI-IE AFOREMENTIONED
DEVELOPMENT WILL CREATE AN EVEN GREATER
TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT
TIME, ENCOMPASSING THE EMERGENCY VEHICLES,
OF FIRE, 911, AMBULANCES AND POLICE.
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CITY OF AVENTURA
WE THE FOLLOWING RESIDENTS OF AVENTURA
OPPOSE THE AMENDING OF THE ZONING OF THE
THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A
TO THE ORDINANCE, FROM B2, COMMUNITY
BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; AND DO NOT
AGREE WITH ANY PROPOSAL TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ANY DEVELOPMENT
AGREEMENT. THE AFOREMENTIONED
DEVELOPMENT WILL CREATE AN EVEN GREATER
TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT
TIME, ENCOMPASSING THE EMERGENCY VEHICLES,
OF FIR~,, 911, AMBULANCES AND POLICE.
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CITY OF AVENTURA
WE THE FOLLOWING RESIDENTS OF AVENTURA
OPPOSE THE AMENDING OF THE ZONING OF THE
THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A
TO THE ORDINANCE, FROM B2, COMMUNITY
BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; AND DO NOT
AGREE WITH ANY PROPOSAL TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ANY DEVELOPMENT
AGREEMENT. THE AFOREMENTIONED
DEVELOPMENT WILL CREATE AN EVEN GREATER
TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT
TIME, ENCOMPASSING THE EMERGENCY VEHICLES,
OF FIRE, 911, AMBULANCES AND POLICE.
CITY OF AVENTURA
WE THE FOLLOWING RESIDENTS OF AVENTURA
OPPOSE THE AMENDING OF THE ZONING OF THE
THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A
TO THE ORDINANCE, FROM B2, COMMUNITY
BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; AND DO NOT
AGREE WITH ANY PROPOSAL TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ANY DEVELOPMENT
AGREEMENT. THE AFOREMENTIONED
DEVELOPMENT WILL CREATE AN EVEN GREATER
TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT
TIME, ENCOMPASSING THE EMERGENCY VEHICLES,
OF FIRE, 911, AMBULANCES AND POLICE.
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CITY OF AVENTURA
WE THE FOLLOWING RESIDENTS OF AVENTURA
OPPOSE THE AMENDING OF THE ZONING OF THE
THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A
TO THE ORDINANCE, FROM B2, COMMUNITY
BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; AND DO NOT
AGREE WITH ANY PROPOSAL TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ANY DEVELOPMENT
AGREEMENT. THE AFOREMENTIONED
DEVELOPMENT WILL CREATE AN EVEN GREATER
TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT
TIME, ENCOMPASSING THE EMERGENCY VEHICLES,
OF FIRE, 911, AMBULANCES AND POLICE.
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CITY OF AVENTURA
WE THE FOLLOWING RESIDENTS OF AVENTURA
OPPOSE THE AMENDING OF THE ZONING OF THE
THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A
TO THE ORDINANCE, FROM B2, COMMUNITY
BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; AND DO NOT
AGREE WITH ANY PROPOSAL TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ANY DEVELOPMENT
AGREEMENT. THE AFOREMENTIONED
DEVELOPMENT WILL CREATE AN EVEN GREATER
TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT
TIME, ENCOMPASSING THE EMERGENCY VEHICLES,
OF FIRE, 911, AMBULANCES AND POLICE.
CITY OF AVENTURA
WE THE FOLLOWING RESIDENTS OF AVENTURA
OPPOSE THE AMENDING OF THE ZONING OF THE
THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A
TO THE ORDINANCE, FROM B2, COMMUNITY
BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; AND DO NOT
AGREE WITH ANY PROPOSAL TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ANY DEVELOPMENT
AGREEMENT. THE AFOREMENTIONED
DEVELOPMENT WILL CREATE AN EVEN GREATER
TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT
TIME, ENCOMPASSING THE EMERGENCY VEHICLES,
OF FIRE/911, A~LANCES AND POLICE.
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CITY OF AVENTURA
WE THE FOLLOWING RESIDENTS OF AVENTURA
OPPOSE THE AMENDING OF THE ZONING OF THE
THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A
TO THE ORDINANCE, FROM B2, COMMUNITY
BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; AND DO NOT
AGREE WITH ANY PROPOSAL TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ANY DEVELOPMENT
AGREEMENT. THE AFOREMENTIONED
DEVELOPMENT WILL CREATE AN EVEN GREATER
TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT
TIME, ENCOMPASSING THE EMERGENCY VEHICLES,
OF FIRE, 911, AMBULANCES AND POLICE.
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CITY OF AVENTURA
WE THE FOLLOWING RESIDENTS OF AVENTURA
OPPOSE THE AMENDING OF THE ZONING OF THE
THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A
TO THE ORDINANCE, FROM B2, COMMUNITY
BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; AND DO NOT
AGREE WITH ANY PROPOSAL TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ANY DEVELOPMENT
AGREEMENT. THE AFOREMENTIONED
DEVELOPMENT WILL CREATE AN EVEN GREATER
TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT
TIME, ENCOMPASSING THE EMERGENCY VEHICLES,
OF, FIRE, 911, AMBULANCES AND POLICE.
CITY OF AVENTURA
WE THE FOLLOWING RESIDENTS OF AVENTURA
OPPOSE THE AMENDING OF THE ZONING OF THE
THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A
TO THE ORDINANCE, FROM B2, COMMUNITY
BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; AND DO NOT
AGREE WITH ANY PROPOSAL TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ANY DEVELOPMENT
AGREEMENT. THE AFOREMENTIONED
DEVELOPMENT WILL CREATE AN EVEN GREATER
TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT
TIME, ENCOMPASSING THE EMERGENCY VEHICLES,
OF FIRE, 911, AMBULANCES AND POLICE.
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CITY OF AVENTURA
WE THE FOLLOWING RESIDENTS OF AVENTURA
OPPOSE THE AMENDING OF THE ZONING OF THE
THREE PARCELS OF LAND DESCRIBED IN EXHIBIT A
TO THE ORDINANCE, FROM B2, COMMUNITY
BUSINESS DISTRICT TO RM4, MULTI-FAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; AND DO NOT
AGREE WITH ANY PROPOSAL TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ANY DEVELOPMENT
AGREEMENT. THE AFOREMENTIONED
DEVELOPMENT WILL CREATE AN EVEN GREATER
TRAFFIC PROBLEM THAN WE FACE AT THE PRESENT
TIME, ENCOMPASSING THE EMERGENCY VEHICLES,
OF FIRE, 911, AMBULANCES AND POLICE.
.... .......................................................
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