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01-08-2008 The City of Aventura ~(i, 'rk"nff.~~'# Local P1:mning Agency Susan Gottlieb, Mayor City Manager Eric M. Soroka, ICMA-CM Zev Auerbach lBob Diamond Teri I-lolzberg lBilly Joel Mnchae1 Stern lLuz U rbaez Weinberg City Clerk Teresa M. Soroka, MMC City Att0171ey Weiss Serota Helfman Pastoriza Cole & lBoniske LOCAL PLANNING AGENCY AGENDA JANUARY 8, 2008 - 6 PM Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: October 2, 2007 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 31-171(a)(6) "OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT MECHANICAL PARKING LIFTS TO BE COUNTED AS REQUIRED PARKING SPACES SUBJECT TO CERT AIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 31-144(e) "OFFICE PARK (OP) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT DISPLAY SHOWROOMS AS A CONDITIONAL USE SUBJECT TO CERT AIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE IV "FINANCE", DIVISION 5 "IMPACT FEES", TO CREATE SECTION 2-302 ESTABLISHING A TRANSPORTATION January 8, 2008 LPAMeeting MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF TRANSPORTATION IMPACTS BY NEW DEVELOPMENT; PROVIDING FOR TRANSPORTATION MITIGATION IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF A TRANSPORTATION MITIGATION IMPACT FEE FUND; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, aU persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 West Country Club Drive, A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be in attendance. 2 A~ - MINUTES LOCAL PLANNING AGENCY MEETING OCTOBER 2, 2007 6 PM Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Stuart Wagner. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the June 12, 2007 LPA Hearing was offered by Commissioner Joel, seconded by Commissioner Auerbach, 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 THE CITY OF A VENTURA COMPREHENSIVE PLAN BY ADDING AN 'EDUCATION ELEMENT'; BY AMENDING POLICY 2.4 OF OBJECTIVE 2 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADD LEVEL OF SERVICE STANDARDS FOR PUBLIC SCHOOLS AND FOR THE CITY OF EXCELLENCE SCHOOL; BY ADDING A NEW POLICY 4.18 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADOPT BY REFERENCE THE MIAMI DADE COUNTY PUBLIC SCHOOLS FACILITIES WORKPLAN; BY RENUMBERING POLICY 4.18 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT AND AMENDING THIS POLICY TO ADOPT BY REFERENCE THE CITY OF AVENTURA 2007/08-2011/12 CAPITAL IMPROVEMENT PLAN; BY AMENDING AND ADDING PUBLIC SCHOOL FACILITIES TO THE CONCURRENCY MANAGEMENT SECTION OF THE CAPITAL IMPROVEMENT ELEMENT; BY ADDING A NEW POLICY 1.21 TO OBJECTIVE 1 OF THE INTERGOVERNMENTAL COORDINATION ELEMENT TO COORDINATE THE ESTABLISHMENT OF LEVEL OF SERVICE STANDARDS FOR PUBLIC SCHOOL FACILITIES AND TO RENUMBER EXISTING POLICIES 1.21 THROUGH 1.24 INCLUSIVE OF THE INTERGOVERNMENTAL COORDINATION ELEMENT TO POLICIES 1.22 THROUGH 1.25 INCLUSIVE; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. Susan Trevarthan, Esq., the city's legal counsel, addressed the Commission. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. A motion to recommend approval was offered by Commissioner Joel, and seconded by Commissioner Holzberg. The motion passed unanimously by roll call vote. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, the meeting adjourned at 6: 11 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the LPA on 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission BY: Eric M. Soroka, I City Manager { J 'j Joanne Carr, AICt.."l Planning Director --'. FROM: DATE: December 3, 2007 SUBJECT: Proposed Amendment to Section 31-171(a)(6) of the Land Development Regulations to permit mechanical parking lifts as required parking spaces (01-LDR-07) January 8, 2008 Local Planning Agency Agenda Item !:1..ft 1st Reading January 8, 2008 City Commission Meeting Agenda Item 1.A 2nd Reading February 5, 2008 City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission approve the request for an amendment to Section 31-171(a)(6) of the Land Development Regulations to permit mechanical parking lifts as required parking spaces, with the following conditions: "Parking lifts" shall be defined as an electro-hydraulic mechanism in a multifamily residential building or in a non-residential building that lifts a parked passenger vehicle to make space available to park a passenger vehicle below it in a single vertical tandem fashion. . A traffic queuing analysis shall be submitted by the owner of the building for parking areas using parking lifts, for review and approval by the City Manager, to ensure efficient processing times and queue lengths. The number of parking lifts permitted to be counted as required parking spaces shall be determined by the approved queuing analysis; . All parking lifts shall be located within a fully enclosed parking garage and shall not be visible from exterior view. No outside parking lifts shall be permitted; . Parking lifts shall be permitted only when operated by an attendant or a licensed and insured valet parking company on a 24 hour/7-days-a-week basis, to be confirmed by Restrictive Covenant to be recorded by the owner/applicant prior to establishment of the use; . No resident, guest, patron or customer of the building shall be permitted to operate the parking lift. A physical barrier shall be placed in the parking area to prohibit access to the parking lift area by residents, guests, patrons or customers of the building; . All parking lifts shall be maintained and kept in good working order; . The parking lift platform must be sealed and of a sufficient width and length to completely cover the bottom of the vehicle on the platform to prevent dripping liquids or debris onto the vehicle below; . All lifts must be designed so that power is required to lift the car, but that no power is required to lower the car, in order to ensure that the lift can be lowered and the top vehicle can be accessed in the event of a power outage; . All parking lifts must be designed to prevent lowering of the lift when a vehicle is parked below the lift; . Ceiling heights of any parking level with parking lifts shall be sufficient to accommodate all types of passenger vehicles. Such required height shall be proposed in the traffic queuing study and approved by the City Engineer; . Noise and vibration barriers shall be utilized to ensure that surrounding walls decrease sound and vibration emissions outside of the parking garage; . No automated parking system, other than the single vertical parking lifts defined in Section 31-171(a)(6)i., shall be permitted as a required parking space unless first approved as a conditional use by the City Commission at a public hearing following the procedures in Section 31-73 of the City Code. THE REQUEST The applicant, Cabi Aventura Hotel LLLP, is requesting a reVISion to the parking requirements of the City's Land Development Regulations to permit mechanical parking lifts as required parking spaces. (See Exhibit #1 for Letter of Intent) DESCRIPTION OF THE PROPOSED AMENDMENT The amendment proposed to Section 31-171 (a)(6) of the Land Development Regulations is the following underlined text: "ARTICLE VIII. OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS Sec. 31-171. Off-street parking and loading standards. (a) General. Every building, use or structure, instituted or erected after the effective date of this chapter shall be provided with off-street parking facilities in accordance with the provisions of this section for use of occupants, employees, visitors or patrons. Such off-street parking facilities shall be maintained and continued as an accessory use as long as the main use is continued. 2 (6) Size and character oF[ required parking, The following design requirements shall be observed for off-street parking: a. Size; parking stalls. Each parking space required and provided pursuant to the provisions of this article shall be not less than nine feet in width and 18 feet in length, except as provided in Section 31-171(a)(6)i. ... d. Accessibility. In all zoning districts, the width of accessory aisles and driveways shall be substantially in conformance with the standards set for in figure 31-171(1). Every space shall be accessible without driving over or through another parking space, except as provided in Section 31-171(a)(6)i. ... L. Parkinq Lifts. For the purposes of this section, "parkinq lifts" shall be defined as an electro-hydraulic mechanism in a multifamily residential buildinq or in a non-residential buildinq that lifts a parked passenqer vehicle to make space available to park a passenqer vehicle below it in a sinqle vertical tandem fashion. A parkinq lift space may be counted as a parking space required by Section 31-171(b), and shall not be subiect to the minimum parkinq stall size requirements of Section 31-171(a)(6)a., provided that all of the followinq conditions are fulfilled: 1) A traffic Queuinq analysis shall be submitted by the owner of the buildinq for parkinq areas usinq parkinq lifts, for review and approval by the City Manaqer. to ensure efficient processinq times and Queue lenqths. The number of parkinq lifts permitted to be counted as required parkinq spaces shall be determined by the approved Queuinq analysis; and 2) All parkinq lifts shall be located within a fully enclosed parkinq qaraQe and shall not be visible from exterior view. No outside parkinq lifts shall be permitted; and 3) Parkinq lifts shall be permitted only when operated by an attendant or a licensed and insured valet parkinq company on a 24 hour/7 -days-a-week basis, to be confirmed by Restrictive Covenant to be recorded by the owner/applicant prior to establishment of the use; and 4) No resident, quest, patron or customer of the buildinq shall be permitted to operate the parkinq lift. A physical barrier shall be placed in the parkinq area to prohibit access to the parkinq lift area by residents. quests, patrons or customers of the buildinq; and 5) All parkinq lifts shall be maintained and kept in qood workinq order; and 6) The parkinq lift platform must be sealed and of a sufficient width and lenqth to completely cover the bottom of the vehicle on the platform to prevent drippinq liquids or debris onto the vehicle below; and 7) All lifts must be desiqned so that power is required to lift the car, but that no 3 power is required to lower the car, in order to ensure that the lift can be lowered and the top vehicle can be accessed in the event of a power outaQe; and 8) All parkinQ lifts must be desiQned to prevent 10werinQ of the lift when a vehicle is parked below the lift: and 9) CeilinQ heiQhts of any parkinQ level with parkinQ lifts shall be sufficient to accommodate all types of passenQer vehicles. Such required heiQht shall be proposed in the traffic QueuinQ study and approved by the City EnQineer: and 10) Noise and vibration barriers shall be utilized to ensure that surroundinQ walls decrease sound and vibration emissions outside of the parkinQ QaraQe. i. No automated parkinQ system, other than the parkinQ lifts defined in Section 31- 171 (a)(6)i., shall be permitted as a required parkinQ space unless first approved as a conditional use by the City Commission at a public hearinQ followinQ the procedures in Section 31-73 of the City Code. ANAL YSIS Section 31-171(a)(6)d., the section of the City Code regulating off-street parking, loading and driveway standards currently provides that every off-street parking space required by our Code shall be accessible without driving over or through another parking space. This section, therefore, would not allow an automated parking lift space to be counted, since one car would need to drive over the bottom space to access the top space. Staff has met with the parking lift manufacturer that the applicant proposes to use for its development. This manufacturer has provided the attached Operating Instructions and specifications for its parking lifts, along with reference projects using its lifts. These lifts are a hydraulic mechanism that lifts a parked vehicle to make space available to park a vehicle below it in a vertical tandem fashion. Staff has contacted several of the municipalities on that reference list to determine if there have been any concerns with this type of parking. The following is a summary of comments received from those municipalities: City of West Palm Beach City staff advised that they are receiving many requests for mechanical parking systems. No regulations are currently in place. Until regulations are in place, applications are reviewed by its Downtown Board. Applicants must provide a 24-hour valet service for the lifts and the lifts must be located inside a parking garage or screened with plantings. City of Coral Gables City staff provided a copy of the City Code section regulating automated parking systems. They permit self-service for two-level residential systems when the lift is available for one 4 residential unit. Systems are required to have an average delivery rate of five (5) minutes, cannot increase the building mass to create a structure larger than permitted by the underlying zoning district, must be located entirely within the confines of the building and not visible to public view and the parking structure must be animated with architectural detail to give character to the street. The City Commission considered and removed a requirement for 24-hour attendant service for non-residential systems. City of Sunny Isles Beach City staff advised that mechanical parking lifts are permitted inside parking garages with a restriction that no more than 20% of the required parking may be provided by the lifts. A 24-hour valet service is required to operate the lifts. City of A ventura Experience There is one residential development in the City that has used these parking lifts, which were not allowed to be counted as required parking, but were allowed as additional parking for the building. The lifts have been in use for over one year and the building management advises that there have been no concerns with the mechanical operation. The lifts are operated by their valet service company. Staff recommends that other types of mechanical parking including robotic parking, where the entire parking area is automated by way of a computerized lift, parking wheels and parking racks, be subject to conditional use approval. Standards for reviewing proposed amendments to the text of the LDR: 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 2. The proposed amendment IS consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. Specifically, Objective 10 of the Future Land Use Element provides that "...the City shall continue to maintain, update and enhance the municipal code, administrative regulations and procedures to ensure that future land use is consistent with the Plan and to promote better planned development and community with well designed buildings." This amendment will update and enhance the municipal code to permit mechanical parking spaces with conditions that ensure safe operation. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. 5 The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. "The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs are adopted in order to foster and preserve public health, safety and welfare and to aid in the harmonious, orderly and progressive development and redevelopment of the City..." The proposed amendment is consistent with this purpose. It sets out appropriate minimum standards for mechanical parking lifts. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides standards for mechanical parking lifts. 6 Bilzin Sumberg A-rTOf~!.JEY /-\T L/\VV ''''~'',':S If ) i,;" ;r;Q" , ,i (\ ,,", r" I" \' 0I,~ },':) <jUJ/ "',,, l) , \sy' \ ;1. t.', \' , . \ I -' Stanley B. Price, Esq. Tei 305.350.2374 305.351,2204 sprice@bilzin.com July 16, 2007 VIA HAND-DELIVERY Exhibit #1 01-LDR-07 Joanna Carr City of Aventura Government Center 192000 W. Country Club Drive, 4th Floor Aventura, Florida 33180 JUL (Y\I.~\' c,,, ~ VlYiI1vN!T\' Re: Starwood Hotel 2777 Miami Gardens Drive, Aventura, Florida Dear Ms. Carr: LETTER OF INTENT FOR CODE AMENDMENT Please consider this our formal letter of intent in connection with a proposed ordinance to amend Section 31-171(d) of the Land Development Regulations for the City of Aventura. This amendment, a copy of which is attached hereto, will provide for automated parking through the use of parking lifts, robotic and mechanical parking systems. Automated parking is currently utilized as a solution to overcrowded parking in a number of South Florida localities. Specially, the City of Miami unanimously approved a similar amendment under Section 917.14 of the Miami City Zoning Code in December of 2005. This amendment was noted as a "system that seems to work... in many other parts of the world" and as a "right move" towards resolving the City's parking situation.1 Additionally, the City of Miami Beach recently approved an amendment under Section 130-68 of the City's Land Development Regulations to permit robotic parking systems in areas where parking capacity has become a concern.2 While this amendment will apply to garages located in the GU and CCC government districts, many garages in the City of Miami Beach are government property but developed as a joint venture with the private sector. We find that our proposed amendment provides an alternative to projects that are unable to meet the required parking threshold required by the City of Aventura. Similarly, we have seen such beneficial results with both the St. Regis Hotel in the City of Sal Harbor and the Beach House Condominiums in the City of Surfside. Here both projects were able to meet parking requirements by implementing automated parking designs in their site plan proposals. 1 Commissioner Winton, Minutes from the Miami City Commission hearing on December 1,2005. 2 The ordinance was approved on first reading and will be heard on second reading July 11,2007. MIAMI 1361044,1 7548426759 7/6/079:53 AM BILZIN SUMBERG BAENA PRICE & AXELROD LLP 200 S. Biscayne Boulevard. Suite 2500, Miami, FL 33131-5340 leI305.374.7580 Fax 305.374.7593 Joanna Carr July 16, 2007 Page 2 Based on the foregoing, we submit that the proposed ordinance be approved by the City of Aventura. We thank you for your consideration and respectfully request your support. Sincerely, @ SBP: JO/ka Attachments MIAMI 1361044.1 7548426759 7/6/07953 AM fl:::.. BILZIN SUMBERG BAENA PRICE & AXELROD LLP r i Autoparksysteme Hermann-Krum-Str.2 . 0-88319 Aitrach Tel. +49-7565-508-0 . Fax +49-75 65-59 24 Exhibit #2 01-LRD-07 I~.i~ ~ '. V ///// ~ <0"-- C? 0*-<8- <<~ *- ^'-~ C:> OPERATING INSTRUCTIONS FOR STACK PARKER G 61 10/97, Edition 1.0, @ KLAUS, Aitrach, Germany Part No. 929.07270 Realisation: Aerolog, Munich The G 61 stack parker consists of a parking platform which can be driven onto horizontally tor one vehicle and one parking space below said parking platform Betore lowering the parking platform, the parkrng space below the platform must be completely emptied. Drivers who are physical!y handicapped (e.g wheel-chair users) may use the G 61 stack parker to some limited extent. GENERAL INSTRUCTIONS If any unauthorized type of vehicle is parked on the G 61 stack parker, your operating permit for the system will be invalidated - All safety instructions must be strictly observed - Always keep your key safely. - Never lend your key to unauthorized persons. - Always make sure that your key is not accessible to children. Only roadworthy vehicles are to be parked on the G 61 stack parker. Do not deposit any vehicles out of order, parts of vehicles or any other miscellaneous objects on the platform nor on the parking space below the platform. Do not misuse the G 61 stack parker as a car hoist or as an elevator for people , . For details on authorized vehicle types, maximum weights and dimensions, please see chart on the last page For safety reasons the platform is equipped with a wheelstop for one front wheel. This wheelstop must be correctly adjusted to your vehicle by an authorized and Instructed person before you use the platform for the first time. ~ .,;.......""" ..,........"'..,,, ~~!'I. 0"; .~.g . 1..c.5..m-;"AO\'. i ~ 1'''(';Ok..,1 "."E ~ If the wheelstop adjustment is not carried out by an instructed person, your operation permit tor the parking system will be invalidated. , Danger of serious damage I Only drive onto platform with the vehicle type to which your parking system is adjusted. . IN CASE OF MALFUNCTION Do not carry out any repair works of the stack parker on your own. In case of malfunction immediately call: - the caretaker in charge of the parking system - or the local maintenance service Telephone No.: _ _ _ _ _ _ _ _ _ _ - _ - IN CASE OF EMERGENCY - Immediately push the red "EMERGENCY-STOP" button. - In case of imminent danger or if there is anyone trapped or injured, call the local emergency services (Police Dept., Fire Dept., Ambulance etc.) Telephone Nos.: _ _ _ _ _ _ _ _ _ _ _ - - SAFETY REGULATIONS - Only park your vehicle at walking speed forwards, i.e. front. first, do not reverse into parking space. - Keep people and pets away from the platform's area of movement =: danger zone. - Do not operate/move the platform if there are people, pets or any miscellaneous objects either on top or below the platform A\. WARNING - danger of serious injuryl ~ Danger of being crushed between platform and garage floor/ carriagewayl ~" ...j" 1 ~ ....... :JD\. ~~~ ;/'}::;:;;'/:~::';-:H",,;,-;,~<;,\:~i'::;;:~:::::;;??:,'2:-' '~,';"::":?".."y~,S>,~ - Never allow passengers and pets to get on or off the vehicle still parked on the platform or on the parking space below the platform - Never load or unload a vehicle parked on the platform or on the parking space. - Never do any repair works on a vehicle parked on the platform or on the parking space. - If your garage has a door, always take care when operating it and make sure that nobody (particulary children) is left in the garage when you close the door ~ If the stack parker is Installed on an outdoor site, platform and parking space will have to be kept free of snow and Ice PARKING/PARKING OUT OF A VEHICLE & DRIVING AWAY Before parking a vehicle the first time Make sure that it is REALLY your parking space in front of you and that the wheelstop is correctly adjusted to YOUR vehicle and that the wheelstop is fully tightened. Before parking generally - Make sure that the parking space and the platform are clean and free of obstructions - Have passengers and pets get off the vehicle before you drive onto the stack parker. - Unload your vehicle before driving onto the stack parker. - Check and make sure that neither people nor pets are in the platform's area of movement =: danger zone. - Ask an adult person to assist you and to monitor the entire parking procedure. - Switch on garage lighting if necessary. If necessary, remove roof rack/s and non-retractable antenna/so Retract retractable rod antenna/so Fold external mirrors back. .",..>>,..,.." ....,....... I ~ .......: 0 !i1i~l ~L'l ~ UJ.. ....' ,.0 ;.,',:..I:,.:?',..j:.;.......,',:~';:.,.,......,..(jd~ - If your vehicle is equipped with adjustable hydraulic suspension (e.g. Citroen), select the middle setting for your vehicle. RAISING AND LOWERING OF THE PLATFORM , Before lowering the platform, empty the space below the platform completely. Make sure that no objects protrude from the opposite and/or adjoining parking system. - Do not move/operate the platform, if there are people, pets or any miscellaneous objects either below or directly near the platform. "00' '."","" b.. :'~'\~ La i V; ~ ~4CJ~] ~ dl ~._ . ,.." <.. .,' '! ',". . '., . ,.~, ,.')J, ':""""'~" ~~~"'.I:U _;e:>,.",_,.~..~~,~^;_..._(~~,,-.. t .._,;;-"\<l._'rl:l: .....,,~=_"""."". &. "",<b'~,,-< 4. Warning - danger of serious injuryl ~ Danger of being crushed between platform and garage fioor/ camageway! In case of emergency push immediately the red "EMERGENCY-STOP" button. After release of the pushed "EMERGENCY-STOP" button, the raislng/ lowering process may be continued - Keep your feet and/or other parts of your body well away from the platform danger zone. ~ (,..,;."::,,~,.,::,,,., Insert the key in the operating element. - Turn the key in the required direction as indicated by the arrow and keep the key in this position. The platform either ascends or descends. The process will be interrupted as soon as you release the key. - Keep the key in the desired position until the platform is locked In the upper position and/or is lowered completely, Never leave the platform in an intermediate position. The platform is locked only in the upper=raised position. - Remove the key. ~ PARKING A VEHICLE , Danger of serious damage! - Make sure that . the platform is locked in the upper=raised position and/or is completely lowered. For this purpose insert key in the operating element and keep key in the desired direction - Drive forwards = front-first at walking speed either onto lhe platform until the front wheel touches the wheelstop or into the parking space. Reverse parking IS STRICTLY FORBIDDEN. , The vehicle must be positioned straight and within the platform's outlines (mirrors) Do not drive over/ across the wheelstop. Pull the parking brake firmly and engage first gear. If your vehicle is equipped with automatic transmission: position the automatic gear-shift lever in "P". & ~ ~ If your vehicle is equipped with adjustable hydraulic suspension, fully lower suspension. - Switch off the engine. - Remember when getting off your vehicle: Pay attention to limited headroom. ~ Danger of serious injury! ~ Never reach beyond platform outlines. PARKING OUT A VEHICLE AND DRIVING AWAY - Remember limited headroom of the parking space when getting on the vehicle, step carefully on platform. 4. Danger of serious injury! ~ Never reach beyond platform outlines. Only let passengers get on the vehicle after having left the stack parker with your vehicle - Do not load your vehicle as long as parked on the parking system. - If your vehicle is equipped with adjustable hydraulic suspension, select middle setting. Check the exit area behind you. - Reverse slowly and carefully off the platform. MAINTENANCE - Check monthly whether the front wheelstop is still fully tightened, check whether front wheelstop has dislocated - Immediately inform the caretaker in charge of the parking system as soon as you notice any loose parts, oil stains/leaks, suspicious noises etc. on the parking system. - Observe separate General Maintenance Instructions. If your parking platform has not been used for a period exceeding six months: - Raise and lower the platform several times without a vehicle parked on it and visually check the parking system, - Afterwards park your vehicle as usual. If your stack parker has not been used for a period exceeding 12 months, we recommend that it is serviced by the local representative of KLAUS. I Maximum Authorized Dimensions and Weights I~ Type G 61-170-200 minimum height 3.30 m* Please cross o Upper o Lower appropriate platform platform platform I -- i Standard passenger Standard Standard I I vehicle! standard station passenger passenger I wagon vehicle vehicle I I I I Standard station wagon Standard Standard I i station station i wagon wagon I I i I Max. vehicle length 5.00 m I 500 m I I Max vehicle height I please insert Max vehicle width 1.90 m 1.90 m Max. vehicle weight 2,000 kg - I Max. wheel load I 500 kg - . I I i I I [KI.AV.s) KLAUS Auto.Parksysteme GmbH Hermann.Krum.Str. 2 0-88319 Aitrach Type Max Op. Press Max Stat Press Max Load per Pa rklng Space Number of Parking Spaces Drive Capacity kW G 61 - 170-200 bar Year of Constr Serial No Type Approval No bar kg (( Noise emission dunng raising! lowering: 70 dB(A) * Height IS the headroom between finished floor and the lower edge of the ceiling. Also relevant documents are Operating Instructions Plate (Part No. 929.07.290), Adjustment Instructions (Part No 929.07.330), General Maintenance Instructions (Part No. 929.06.010) und SerVicing Instructions (Part No. 929.07.31.0). I hereby confirm that I have been fully instructed in accordance with the regulations as to the safe operation of G 61 stack parker. I also confirm that I have read and fully understood the above operating instructions. Date! signature Official Vehicle Registration No.: I Type of Vehicle: I Parking Space No.: GENERAL NOTES: STACK PARKER MODEL G61 Vertical Clearance Required: o 10'-6" two cars o 11 ' -6" car above + suv below o 12' -6" car above + large suv below o 13'-6 two suv's . Valet Parking Preferred . Shared Parking Allowed within same unit owner . Equipment Weight 2,000 pounds per lift . Equipment Load Capacity 5,000 pounds per platform · (1) Power Pack per (12) Lifts Average . Each Power Pack req's 1-(3) Phase (208) Volts and (30) amp's Disconnect . Floor Load Capacity 100 pounds per square foot for Elevated Slabs . Slab on Grade 6 inch depth . Embedment Plates 10" x 10" x Y/' thick for PT Slabs, 4 per lift . Fabrication (3) months, Aitrach Germany . Loading (12) Lifts per (20' Open Top Container) . Shipping/US Customs (1) month . Installation (l) week per container . Permits El ectri callMechanical/Structural . City of Miami Class II Special Permit per ordinance 917.14 . Fire Sprinkler Upper and Lower vehicles, side wall 16' throw . Warranty 1 year parts and labor from time of building TCO . Cost $8,500 per lift TURNKEY (2008 delivery) (!<~~~ y~ Auto-Par~...)'steme GmbH Herma:m-Krum-Str. 2 D-88319 Altrach Tel. 0 75 6" i 508-0 Fax 0 75 65/ 508-58 httpi/w,,"w klaus-autopark de e-rnai! info@ klavs-autopark.de Stack Parker iC El iCONtOHMrTY! Series G 61 (Horizontal) EB (Single Platform) = 2 vehicles Basement garage r 28 18 1 '6' n Fme space Space requlfemenlS are mum li'lished dimenSions Inch ~ ~ / for dividing walls cutting through 10 XI 0 (for ducts lor cables. pipes etc) of dividing wail I .1 \ \ \ 11 I ~ i / - - ..../ , it~ " I PLEASE NOTE: Before lowering the platform the lower vehicle must be removed. <D :;:: ~ 17'1" (for vehicle up to 165' 1011g) ----------~-- <17'9' (for vehicle up tD 17'1' long)> Garage with door in front of the car parking system 2'8 2' Free space for door Space requirements are mini- mum rinished dimensio'ls in inch 31 for dividin walls cutting through 10 x 10 (for ducts for cables. pipes etc.) of dividing wall II I I ~ I ill 0 PLEASE NOTE: Before lowering the platform the lower vehicle must be removed. 17'7" (for vehicle up to 16'5" long) <18'3" (for vehicle up to 17'1" long)> Type H DH Suitable for Maximum vehicle dimensions G 61-160 10'6" 5'3" u~per' standard ~assengel cars & station wagons, max. veil. l1eight 4'11" Length 165" <17'1"> lower: star]dard passenger cars & station wagons, max. veh. height 4'11" Height see "S ultable for' G 61-170 10'10" 5'7" upper standard passengel' cars & station wagons, max. veil. height 4'11 Width 6'3' lower: standard ~assenger cars & station wagons. max. veh. height 5'3" Weight 2,000 Kg G 61-180 5'11 " upper: standard passenger cars & station wagons, max veh. l1eight 4'11" Wheel load 500 kg 11 '2" lower: standard passenger cars & station wagons, max. veh. height 5'8" G 61-190 11'6" 6'3" upper' standard passenger cars & station wagons, max veh. height 4'11" lower: standard ~assenger cars & station wagons, max. veil height 6' G 61-200 11 '10" 6'7" upper: standard passenger cars & station wagons, max. veil. 11eighl 4'11" lower: slandard passenger ca,'s & station wagons, max veh. heigllt 6'3" G 61-210 12'2" 6' 11 " upper: standard passenger C,lI'S & station wagons, max. veh heigl1t 4'11" lower: standard passenger cal'S& staiion wagons, max veh helgl116'7" If dimel1sionlleight "H' IS increased by customer. correspondingly higher vehicles may be parked 011 the upper platform(s) Widths - Basement \.... --<rage All space requirE:lTienTS are minimunl.finlstlsd dinlensions in em Series G 61 (Horizontal) Dividing Walls Internal Columns External Columns Single Platform (EB) Fl'" I' ie.. II I ~ tnr[r1~ ~I'"I E BI. E B ,1'., ,,'- " I i__JL_l~ ~Nrn;n,8' ElI!: ql i EB i EB b }-- ~ II Bs Ilmlls' , ---1~ TWin Unit (2 x EB) r:8: E~l i.1 i l B1 rr=="'~I' "r=r I I I I I ! EB : E8.1 I EBf EB i ~ w--- ~_~I B5 ~ Triple Unit (3 x EB) EB I EB EB I B, , Carriageway in accordance with local requlatlons n Ifj~ EB I EB I EB i EB I I I EB I EB i I , ' ~~~j 7", El~ B3 I'll' I I I -J II " EB I EB EB I EB EB I EB I B4 H B5 ~. Usable Dividing Internal External Platform Width Walls Columns Columns B, B" B3 B., B, 7'7" 8'7" 8)51' 8'3" 8'3" 7'11 " EB 7'11 " 8' 11" 8'9" 8'7" 8T 8'3" 8'3" 9'3" 9'1" 8'11 " 8'11 " 8'7" 7'7" 1 7 '1" 16'11 " 16'9" 16'9" 16'6" 2 X EB 7'11 " 17'9" 1 7 '7" 17'5' 17'5" 17'1 " 8'3" 18'5" 18'3" 1 8 '1" 1 8 '1" 17'9" 7'7" 25'8" 25'6" 25'4" 25'4" 25' 3 X EB 7'11 " 26'7" 26'5" 26 '3" 26'3" 26' 8'3" 27'7" 27'5" 27'3" 27'3" 26'11 " c=J Standard width = parking space width 7'7" PLEASE NOTE: . End parking spaces are generally more difficult to drive Into, Therefore we recommend for end parking spaces our wider platforms. . Parking on standard width platforms With larger vehicles may make getting Into and out of the vehicle difficult This depends on type of vehicle, approach and above all on the individual driver's skill Widths - Garage wiHl door II j front of the car parking system 1\11 space requi!"ements are mi!l!rnulT1 fln!shed dimensions ir, inoh Series G 61 (Horizontal) Single Platform (EB) Twin Unit (2 x EB) W' [. EBll ~LLJ -4 ~ ~ ~'I "17:"7 I ' EB I EB ! 11111 :1 ' 11 I EB I EB II ! I I; c:J ~ 4.1 I DF : t---~ ~r CB: '8 i EB: EB U I I~ CJ 0 D 1# W- ~ WF~_~~_~ o 0 -4 ~ ~ ~W2E~ Usable OF L S Platform Width 7'7" 7'10" 5" 10" EB 7' 11 " 8'3" 5" 10" 8'3" 8'3" 6" l' 7T 15T 9" 1 '6" 2 x EB 7' 11 " 16'6" 8" 1'4" 8'3' 17'1" 8" 1'4" OF = dom entrance width Door dimenSions require coordination with door supplier. I Approach [....."_.."""~. ".'" c.~.".. '"""~~".,'""" '["'""""'""~~I I H I :' I! In~~~JL~~.:"="'- .. 1~ These illustrated maximum approach angles must NOT be exceeded. Incorrect approach angles will cause SERIOUS MANEOUVRING & POSITIONING PROBLEMS on the parking system for which the local agency of Klaus accepts no responsibility. I Load plan forces !n kN dimensions in inch r................................".........""."."".""""""."."...,..""..".".""'.".."...".......",....,....'...' '"'""""""'"'"""""'""""""""I~ :1 I 1.1 ~ j ..' ~ ~ "..............1."""", . ... 0-- __ . L. ~_J ,J~;,2 -"'--j .4 12:j:1.4 $ 6.6:1:1.4 $ EB F" 31 8, I l Jnits me hnlterl to the floor nrillinn rlenth ;:mnrox G" I nstallation Data Series G 61 (Horizontal) Garage ventilation, drainage, heating, electrical wiring dimenSions In inch I FI-ee space for !ongitudinal and vertical ducts (e.g. ventilation) ~ I 1'2; L1" :nL Ii ~'-If~ l2'~1"} B/'~ B,+:?'c, IBB") B/-:~'~ I 8, = dimension for dividing 'vvajls ---j (see I!lside page) TFlt : l- 1 ::,:"" Ime II' " i /t:>:::<,::,: i I i~ Free space for vertical pipelines I 1.1 vemilatlon branch canais t------.-1J I I Free space for hmrzonlai ducling w.::- I ;.,.i. 5~11~ I I EB II I EB IUJ i.'I/ -r-l , 11~1 t----- Be: l i (8'5") 4)' r Example for ventilation b~anch ca~ la! and/or venicel pipelines ,-------- ! EB I I I I .- I B? Free space only applicable if veh!cle Is parked forwards = with FRONT FIRST and d!wer's door. on tile lefl side ( )-dl!llensions II!ustr'lte an example for w:.able platform width 77" (16'11") Electrical Data dimensions in inch Generally to be effected by customer: . electrical wiring 5 x 25 mm2 per unit . delayed-action mains fuse 3 x 16 A per unit . "EMERGENCY-OFF"/main power supply switch, lockable, per unit Cable conduits and recesses for operating element exposed concealed 3'8"above i~ carrlage-~ I.. way level I v 0: ~l L~J t-=-~ (~l CoT': [ B I o-Jl--...-J ~o 4' above LJ --5Z carriage- way level 1=1=1 I...ra~ ,:r:~---nro~ ~ ~ Electrical wiring: Electrical wiring is carried out by the customer or by the local agency of f<laus in accordance with our circuit diagram/so (Please see the respective quotation at hand) Armoured conduitPG 16 Armoured conduit (flexible) PG 16 Technical Data as of issue 06/98: Units Low-noise power units mounted to lubber--bonded-to-metalmountlngs are Installed .Nevertheless we recommend to build the parking system's garage separately flam tile dwelling house Safety railings Ilny safety railings which become necessary due to ttle Installaifon of the system at access points, walkways, traffrc lanes etc. will have to be prOVided/paid for by custornel-. We reserve the right to change thiS specification without further notice Stamp The following documents can be supplied upon request: wall recess plans test sheeT on arrborne and solid-bome sound REFERENCE PROJECTS USING KLAUS PARKING LIFTS City of Miami . "Latitude on the River", Condominiums, EA Fish, Suffolk, Arquitectonica, (101) 2015 lifts. (Completed) . "Latitude One" , Office, EA Fish, Suffolk, Arquitectonica, (81) KLAUS model 2015's, (Completed) . "Grove Club" Condominiums, Deep Stream Development, Borroto and Associates Architects, (12) Klaus G61 lifts (8) Klaus 2015. (Completed) . "Shamrock at the Gables", Condominiums, Branko Vuckovich, (14) Klaus G61 and (25) Klaus 2015 lifts (Completed) . "Ten Museum", Condominiums, Greg Covin, Chad Oppenheim, (134) Klaus G61 lifts . "2915 Biscavne" Office Building, (6) KLAUS G61 Lifts (Completed) . "3333 Rice", Condominium, Rafael Gutierrez, (9) KLAUS G61 Lifts. (Completed) . "IOS on the Bav", Condominium, Pedro Bravo Architects, (20) KLAUS G61 Lifts Sunny Isles Beach . "AcQualina" Condominiums, Robert Swedroe Architects, Jules Trump, Pavarini Construction, (106) Klaus G611ifts (2) Klaus 2015 lifts (Completed) . "Le Meridien" , hotel-condo, Kobi Karp Architects, Fortune International Realty, Pavarini Construction, (50) Klaus 2015 lifts (Completed) . "Savan" Condominiums, Sieger Suarez Architects, Joe Milton, (42) Klaus G61 lifts. . "Turnberrv Ocean Colonv PH 1" Condominiums, Arch Tee, Jose Tunon, Turnberry Associates, Greg Warren, Robert Swedroe Architects, (49) Klaus G61 lifts. (Completed) . "Turnberrv Ocean Colonv PH 2" Condominiums, Arch Tee, Jose Tunon, Turnberry Associates, Greg Warren, Robert Swedroe Architects, (46) Klaus G61 lifts. . "Jade Beach", Condominiums, Fortune International Realty, (8) G61 Lifts. . "Da Vinci", Condominiums, Kobi Karp, (62) KLAUS G61 Lifts. Surf Side/Bal Harbor . "SpiaQQia", Condominiums, Kobi Karp AiA, (20) G61 + (40) 2015 + (5) 3015 Klaus lifts. (Completed) . "Beach House" Condominiums, Jerry Gascovich, Jorge Brugo. (84) G61 KLAUS lifts. . "St. ReQis Bal Harbour", Hotel-Condo, Sieger Suarez, Related Group, KLAUS G61 Lifts. 1 REFERENCb PROJECTS USING KLAUS PARKING LIFTS Aventura . "Bella Mare", Condominiums, Robert Swedroe Architects, Coastal Construction, (43) Klaus G61 lifts. (Completed) . "Hochstein Kane", Medical Office Building, Kobi Karp, ITASCA Construction Company (119) KLAUS G61 Lifts Fort Lauderdale . "Pelican Beach Resort" Hotel, George White and Associates Architects, Parlin Construction (70) Klaus G61 lifts (Completed) . "Progresso Lofts" Condominiums, Rene Lepine, (22) Klaus 2062 in-ground lifts . "W" Hotel, Adache Group AiA, (40) G61 lifts. . "Luna East" Condominiums, Lauris Boulanger Construction, (27) G61 Lifts (Completed) . "Coconut Grove" Condominiums, Ron Mastriana, Jim Trunzo AiA, James A Cummings Construction (39) G61 lifts 2007 . "Trump Las Olas" Condominiums, Oscar Garcia AiA, (39) KLAUS G61 Lifts . "Trump International", Hotel-Condo, Oscar Garcia AiA, Stiles Construction (180) KLAUS G61 Lifts Coral Gables . "900 Ponce", Office, George Diaz, MED of Miami Contractors, (40) Klaus G61 lifts . "CEC South" , Custom Mag Wheel Shop (2) Klaus G61 lifts. . "Allstate Insurance Office", Ignacio Borbolla (3) Klaus G61 lifts. (Completed) . "Ponce Towers" Condominiums, Juan Carlos Menedez, Corwill AiA, (106) Klaus G61 Lifts. . "247 Malaga", Condominiums, JC Menedez, Thorn Grafton AlA, (21) G61 lifts. West Palm Beach/Boca Raton . "The Harrick", Hotel-Condo, Spina Architects, (24) KLAUS 3015 Lifts . "Amrit", Hotel-Condo, Sumant Kachru Developer, (156) KLAUS G61 Lifts . "Luxuria" , Condominium, Trump of Williams Island, Derek Vander Ploeg Architects, (12) KLAUS G61 Lifts. 2 REFERENCE PROJECTS USING KLAUS PARKING LIFTS Columbus Ohio . "Lofts @ 106", Condo's by John Barnes Architects, Ruscilli Construction, (50) Spaces using the KLAUS model #2062 lift (Completed) . "Carlvles Watch", Condo's by Tim Welsh Architects, Ruscilli Construction, (55) Spaces using the KLAUS model #P31 0 parking system. (Completed) . "8 on the SQuare", Condo's by Glavan Architects, Ruscilli Construction, (46) Spaces using the KLAUS model #P31 0 parking system. Boston Massachusetts . "The Metropolitan", Condo's, by The ArchitecturalTeam, Suffolk Construction, (64) KLAUS lifts model #G61. (Completed) . "Boston Bodv Works", Commercial, Pat Cibotti owner, (10) KLAUS lifts model # G61. (Completed) . "Battery Wharf", Condo's by The Architectural Team, Skanska Construction, (187) KLAUS lifts model #G61. . "Pier One", Condo's by Addinc Architects, Skanska Construction (200) KLAUS lifts model #G61. ..., .) APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and Identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship {i P Mf^rnc"'~ /I'~"'''M'_ ,__ ~u_ Devel( I ; -, ,.; _-I ~L.\' '~1\....t... /' v..........L- \ '--' - 'if~&--; I \ ~J 1",.- Jacobo Cababie i Ii /, I l .r ( ~.'li..(....\.,. v '- / Li...>...L- L~) Victorina Jimenez Develo Stanley B. Price. Esq. Attorne Brian S. Adler, Esq. Attorne 7 c-- L ~\ L J >S'.- ( V'-' / ' '-.1.: I IU.' ( -./--lJ- -, c.'v i../t .{.~ (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ( AFFIDAVIT SHAll BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOI OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE A[ _ .___ . _ . ...,~~. ,",urrLc;ml::/1 I I nl;:) AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S lAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS I () DAY OF .-JO L'i ' 2007 l;,,'"rll'~ t~ D 11 G al ,':'~\,~,Y_Pit.ff", ulS€ A~ 'onz ez ,,<:l'AG-. .. #DD4118A" .~' ;'~:' ". ':C: ~ COrl11lllSSIOD ~. '1 "V", ~, :;J::Ex' MAR. 27 2009 :';?.r>',,' ~~..~ :pires: } ff/~fP,r;,:;'';,'" WWW.AARONNOTARYcorr, Cabi Aventura Hotel, partnership By: Name: Title: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared 1. , D. D 1 as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. Cabi Aventura Hotel, LLLP SWORN TO AND SUBSCRIBED BEFORE ME this LPday of Notary Public State lor' a At L Printed Name of Notary My commission expires: cn'lCt ~ 7/9/2007 MIAMI 1360630.1 7755327895 7/9/072:36 PM 9 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x. applicable portions only) r>j 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [J i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. ..)\l '-'1 ,2007. By: (Signature) ,,1111., G' 11 G ~ 1 ~~"'o~~Y. ~~~\ 'lSe. e onzllie~, ~:( @":~~Commission #00411849 .....~.~~Exp. MAR 27 200Q -:"~i"",,~,;; Il'es: . ) , "',,~~,f,;,'" WWW.AARONNoTARY.com APPLICANT: "The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. 7/9/2007 MIAMI 1360630.1 7755327895 7/9/07 2:36 PM 10 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with .x' applicable portions only) 141. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [] il. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; APPLICANT: [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. ,.,1 U L-'( , 2007. By: (Signature) "The terms "Business Relationship," "Client," "Customer," ''Applicant,'' "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. 7/9/2007 MIAMI 1360630.1 7755327895 7/9/072:36 PM 11 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) ~ 1. Affiant does not have a Business Relalionship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [1 ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [1 iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS JL DAY OF -lu L'-( ,2007. By: (Signature) *The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 ofthe Aventura City Code. 7/6/2007 MIAMI 1360630.1 7755327895 7/6/079:46 AM 12 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses lhat (mark with 'x" a~ble portions only) ~ Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iil The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacls more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS -L DAY OF _jv L,-\ ,2007. APPLlCA~r1__ By: \....~ D /- (Signature) Brian S. Adler / Attorney 'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. 7/6/2007 MIAMI 1360630.1 7755327895 7/6/079:46 AM 13 WITNESS MY HAND THIS DAY OF ,200_. REPRESENTATIVE: (Listed on Business Relationship Affidavit) Name: By: By: Name: Title: Title: By: Name: Title: By: Name: Title: By: Name: Title: By: Name: Title: NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. 7/11/2007 MIAMI 1360630.1 7755327895 7/11/0712:46 PM 14 WITNESS MY HAND THIS _ DAY OF ,200 . REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: By: Name: Jacobo Cababie Name: Title: Manaqer Title: By: By: Name: Victorina Jimenez Name: Title: Develo~er (?:>. *-, ') v , ~ Title: By: By: Name: / Brian S. Adler Name: Title: A~ttorne CL -:::/ By: V, ~~ Name: Stanley B. Price Title: By: Name: Title: Attorney Title: By: By: Name: Name: Title: Title: NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. 7/6/2007 MIAMI 1360630.1 7755327895 7/6/07 9:46 AM 14 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) NOTARIZATION PROVISION Before me, the undersigned authority, personally appeared JACOBO CABABIE the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. Jacobo Cababie, Developer , 2007 SWORN TO AND SUBSCRIBED before me this I 'L day of J lJ I Y .,,,,,,/ G' 11 G a1 ~,~~y.!'~;Z,o:. ISe e onz ez ;:<A':<;~Commission #DD411849 ~;~.....-#;Expires: MAR. 27,2009 ....;...'/~~,~\\'~ IN'l!,}! J\ ~< ef)~~ NOlA RY. carr. STATE OF FLORIDA } COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared VICTORINA JIMENEZ this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before rne this \ z... _ day of J J I ....., . ",,"l'~ '~JI';./,... f~_; ~ .. _ :~', ,: " ',_ , ". '," ",' '.. ........ ~...lI~, \Jl.~lCh'"' :,:.'.1,.....;;., ~~'A' ".~-:; " ,. " =.;,:' : . :COIDmlSSlOn #D0411 -:'..,..a.. .~.:' -:.,'9i.....-;R$ Expll'es: MAIl. 27,2000 "'" OF f\i.," WW\" A" 'I-""'::! ..... . "111' ''1. "\I.JJO. i ',-._':: .',:t.":..i i~ STATE OF FLORIDA } COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared STANLEY B. PRICE, ESQ. executed this Affidavit for the purposes stated therein and that it is true and correct. ~ SWORN TO AND SUBSCRIBED before me this II day of ~, 2007. /':~:~'\'\:':"';: ,.~l. .:',,':c':,' . _,") -~. ffiil .' "\"OUl..".,~.OI1" ,..,,,';y-.. ~~-.~:i-j Expire;: . AUG, '22, 2008 ""~ oi'f'..~'" A ." N '11'1111"" WWW.rJ.^AOIi.mm..:om 7/11/2007 MIAMI 1360630.1 7755327895 7/11/0712:44 PM Notary Public lorida At Large 61\.se\le Gon2..o.\-VZ Printed Name of Notary 2> '-':1 J'\C.. My commission expires: . c.- ,(.r ( Victorina Jimenez, Developer ,2007. ~ Notary Public State of Florida At Large Gl\se\\-€.. GOV)?..~eJL Printed Name of Notary I') ,.,.., O~ My commission expires: ..::>. v I ~ the Affiant, who being first by me duly sworn, did swear or affirm that he/she Stanley B. Price, Esq. Printed Name of Notary My commission expires: 15 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared BRIAN S. ADLER, ESQ, this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed <'Y "~. /} .' ')" .' ,-"'" '-- ."/' ./ i-j Brian S. Adler, Esq SWORN TO AND SUBSCRIBED before me this U ~ay of ~, 2007. \"nUII $~~Vf.:{~~ Kyra Albarracin f:'{d1"'{'. ~ Commission # DD>4S9,€2 "~'~'~::J;Vt'\' AUG 22 ':;.~i"""~,~ ....I'IIes: ,,2:008 ...... OF f\: ,-' "II'"I'- wvrw.AARo\NOTARY,com Printed Name of Notary My commission expires: 7/6/2007 MIAMI 1360630.1 7755327895 7/6/079:46 AM 16 ORDINANCE NO. 2008-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-171(a)(6) "OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT MECHANICAL PARKING LIFTS TO BE COUNTED AS REQUIRED PARKING SPACES SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to provide for automated parking through the use of parking lifts, robotic and mechanical parking systems, subject to certain conditions; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-171(a)(6) of the City's Land Development Regulations is hereby amended as follows 1 : "ARTICLE VIII. OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS Sec. 31-171. Off-street parking and loading standards. (a) General. Every building, use or structure, instituted or erected after the effective date of this chapter shall be provided with off-street parking facilities in accordance with the provisions of this section for use of occupants, employees, visitors 1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. Ordinance No. 2008 - Page 2 or patrons. Such off-street parking facilities shall be maintained and continued as an accessory use as long as the main use is continued. (6) Size and character oF[ required parking. The following design requirements shall be observed for off-street parking: a. Size; parking stalls. Each parking space required and provided pursuant to the provisions of this article shall be not less than nine feet in width and 18 feet in length, except as provided in Section 31-171(a)(6)i. ... d, Accessibility. In all zoning districts, the width of accessory aisles and driveways shall be substantially in conformance with the standards set for in figure 31- 171 (1). Every space shall be accessible without driving over or through another parking space, except as provided in Section 31-171(a)(6)i. ... L Parkinq Lifts. For the purposes of this section, "parkinq lifts" shall be defined as an electro-hydraulic mechanism in a multifamily residential buildinq or in a non- residential buildinq that lifts a parked passenqer vehicle to make space available to park a passenqer vehicle below it in a sinqle vertical tandem fashion. A parkinq lift space may be counted as a parkinq space required by Section 31-171(b), and shall not be subiect to the minimum parkinq stall size requirements of Section 31-171 (a)(6)a., provided that all of the followinq conditions are fulfilled: 1) A traffic queuinq analysis shall be submitted by the owner of the buildinq for parkinq areas usinq parkinq lifts, for review and approval bv the City Manaqer, to ensure efficient processinq times and queue lenqths. The number of parkinq lifts permitted to be counted as required parkinq spaces shall be determined by the approved queuinq analysis; and 2) All parkinq lifts shall be located within a fully enclosed parkinq qaraqe and shall not be visible from exterior view. No outside parkinq lifts shall be permitted; and 3) Parkinq lifts shall be permitted only when operated by an attendant or a licensed and insured valet parkinq company on a 24 hour/7-days-a-week basis, to be confirmed by Restrictive Covenant to be recorded by the owner/applicant prior to establishment of the use; and 4) No resident, quest, patron or customer of the buildinq shall be permitted to operate the parkinq lift. A physical barrier shall be placed in the parkinq area to prohibit access to the parkinq lift area by residents, Quests, patrons or customers of the buildinQ; and Ordinance No. 2008 - Page 3 5) All parkinq lifts shall be maintained and kept in qood workinq order; and 6) The parkinq lift platform must be sealed and of a sufficient width and lenqth to completely cover the bottom of the vehicle on the platform to prevent drippinq liquids or debris onto the vehicle below; and 7) All lifts must be desiqned so that power is required to lift the car, but that no power is required to lower the car, in order to ensure that the lift can be lowered and the top vehicle can be accessed in the event of a power outaqe; and 8) All parkinq lifts must be desiqned to prevent lowerinq of the lift when a vehicle is parked below the lift: and 9) Ceilinq heiqhts of any parkinq level with parkinq lifts shall be sufficient to accommodate all types of passenqer vehicles. Such required heiqht shall be proposed in the traffic Queuinq study and approved by the City Enqineer: and 10) Noise and vibration barriers shall be utilized to ensure that surroundinq walls decrease sound and vibration emissions outside of the parkinq qaraqe. i. No automated parkinq system, other than the parkinq lifts defined in Section 31-171(a)(6)i., shall be permitted as a required parkinq space unless first approved as a conditional use by the City Commission at a public hearinq followinq the procedures in Section 31-73 of the City Code. Section 2. 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 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Ordinance No. 2008 - Page 4 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 Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb 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 Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb PASSED on first reading this 8th day of January, 2008. Ordinance No. 2008 - Page 5 PASSED AND ADOPTED on second reading this 5th day of February, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this _ day of February, 2008, CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, I City Manager TO: City Commission BY: Joanne Carr, AICP 1/1 Planning Director'----f~ DATE: December 3, 2007 SUBJECT: Proposed Amendment to Section 31-144(e) of the Land Development Regulations to add display showrooms as a conditional use in the OP, Office Park District (01-LDR-08) January 8,2008 Local Planning Agency Agenda Item 4/; 1st Reading January 8, 2008 City Commission Meeting Agenda Item 1fi 2nd Reading February 5, 2008 City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission approve the request for an amendment to Section 31-144(e) of the Land Development Regulations to add display showrooms with those conditions listed in the ordinance as a conditional use in the OP, Office Park District. THE REQUEST The applicant, G & D Aventura, LLC, is requesting a revision to the Office Park (OP) zoning district of the City's Land Development Regulations to add display showrooms as a conditional use in that zoning district, with the following conditions: 1. Showrooms shall be established only in conjunction with a professional or business office located within the same unit; 2. Showrooms shall be located only on the ground floor of a building; 3. Only samples related to the professional or business office use shall be displayed in the showroom; 4. The samples displayed in the showroom shall not be sold to end users; 5. Inventory shall not be stored in the showroom; 6. Samples delivered to the showroom shall be utilized for display purposes only; 7. Samples shall not be delivered to or from the showroom for use by end users; 8. Samples delivered to the showroom for display purposes shall only be delivered to the showroom within normal business hours of the office building in which the showroom is located. (See Exhibit #1 for Letter of Intent) DESCRIPTION OF THE PROPOSED AMENDMENT The amendment proposed to Section 31-144(e) of the Land Development Regulations is the following addition in underlined text: "Sec. 31-44. Business Zoning Districts... (e) Office Park (OP) District (2) Conditional uses: The following uses if first approved as a conditional use: h. Display Showroom. subiect to all of the followinq conditions: 1. Showrooms shall be established only in coniunction with a professional or business office located within the same unit; and 2. Showrooms shall be located only on the qround floor of a buildinq; and 3. Only samples related to the professional or business office use shall be displayed in the showroom; and 4. The samples displayed in the showroom shall not be sold to end users; and 5. Inventory shall not be stored in the showroom; and 6. Samples delivered to the showroom shall be utilized for display purposes only. and 7. Samples shall not be delivered to or from the showroom for use by end users; and 8. Samples delivered to the showroom for displav purposes shall onlv be delivered to the showroom within normal business hours of the office buildinq in which the showroom is located. 2 ANAL YSIS The Office Park (OP) zoning district is intended to provide for high-quality, semi- professional and professional offices in a campus setting reflecting creative design and environmentally compatible use of space and perimeter buffer areas. Permitted uses include business and professional offices, dental and medical offices, banks, restaurants, hotels and accessory uses. Conditional uses include business-related schools, pharmacies, marine industry uses, automobile parking garages and all permitted uses in the Community Facilities District. Prohibited uses in this zone are residential uses, adult entertainment, retail and non-marine industrial uses. The applicant is requesting amendment to the Land Development Regulations to permit a furniture display showroom as a conditional use in the Office Park (OP) zoning district. In this case, the proposed showroom is proposed in a ground level space within a professional office condominium building. Samples of furniture will be displayed, with no sales from the unit and no inventory on site. The space will include an office area. The proposed use conditions will prohibit retail sales from the showroom but allow a business office to display its design samples to clients.. As there will be no retail sales from the unit, the proposed amendment does not conflict with the prohibited uses in this zone. If the requested amendment to the Land Development Regulations is approved, the applicant will require conditional use approval at a public hearing prior to establishing the display showroom use. The use will need to comply with the location and use conditions for display showrooms and will also need to meet the standards of review for approval of conditional uses found in Section 31-73 of the City Code. Standards for reviewing proposed amendments to the text of the LDR: 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 2. The proposed amendment IS consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The future land use designation for properties zoned Office Park (OP) District is Business and Office. The intent of the Business and Office land use category is described in the Future Use Element of the City's Comprehensive Plan. It accommodates retail, personal and professional services, commercial and professional offices, hotels, motels, hospitals, medical buildings, entertainment and cultural facilities, amusements and commercial recreation establishments. The Business and Office land use category then further provides that the specific range and intensity of these listed uses is dependent upon the provision of the applicable land development regulations which serve to implement the Comprehensive Plan. The 3 proposed amendment to allow a display showroom as a conditional use in the Office Park (OP) District is consistent with the intent of the Business and Office land use category. 3. The proposed amendment is consistent with the authority and purpose of the LORs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. "The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs are adopted in order to foster and preserve public health, safety and welfare and to aid in the harmonious, orderly and progressive development and redevelopment of the City..." The proposed amendment is consistent with this purpose. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for evaluation of display showrooms as a conditional use in the Office Park (OP) District. 4 Greenberg Traurig Clifford A Schulman (305) 579-0613 Direct Fax (305) 961-5613 E-Mail schulmanc@gtlaw.com October 1, 2007 Ms. Joanne Carr Planning Director City of A ventura 19200 West Country Club Drive A ventura, Florida 33180 r.m!MIINIIY DEVELOflMENT . Proposed Amendment to the Aventura Latfd"V'e'Velopment RegulatIOns to Include Display Showrooms as a Conditional Use in the Office Park ("OP") District / Letter of Intent Exhibit #1 01-LDR-OS OCT - i 2007 Re: Dear Ms. Carr: On behalf of G&D Aventura, LLC, ("Applicant"), I respectfully submit the enclosed Application to Amend the Land Development Regulations so as to permit a Display Showroom in the Office Park ("OP") District. A Display Showroom, subject to the limiting conditions provided in the ordinance, is similar to many of the other uses which are already permitted in the OP district. The samples which will be displayed in the showrooms would be specifically limited to new samples for display purposes only and no sales to the "end user" would be permitted. Furthermore, a specific prohibition on storage of inventory, as well as, deliveries to and from the showroom is included in the proposed ordinance and will protect the District from uses which are not similar. In the instant case, the Applicant is proposing a Furniture Showroom that will meet the criteria and limiting conditions set forth in the Ordinance. The Applicant proposes to display only new furniture that will not be sold to the end user and will not store any inventory on site, Furthermore, samples delivered to t~e showroom will be used for display purposes only and deliveries of the samples will only take place outside of the normal business hours of the office building. We submit that the Application for amendment to the land development regulations satisfies the applicable review criteria, and respectfully request that you favorably consider our request and schedule this application for the next available agenda of the A ventura City Commission. If you have any questions or would like to discuss this matter further, please contact me at 305-579-0613. Thank you for your attention to this matter. Sincerely, Clifford A. Schulman cc: Mr. Fernando Levy-Hara Javier F. Avina, Esq. MIA 179752976v1 9/27/2007 Greenberg Traurig, P.A. I Attorneys at Law 11221 BrickellAvenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 3) -71 (b )(2)(i) of the City of A ventura Land Development Code, this Applicant Representative Affidavit is hereby made and submined. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers. Lobbyists, Elc.) Clifford A. Schulman Attorney Javier F. Avina Attorney (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENT A TION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEe. 3]- 71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THA T PRIOR TO CONSIDERATION OF THE APPLICATION BY T CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDA VIT BECOMES \ ORRECT OR INCOMPLETE. WITNESS MY HAND THIS ZL.:. DAY OF <:,,')-k. ~~.:....... (Signature) AUTHORIZED REPRESENTATIVE OF APPLICANT: R ~ X~ (Print) ignature) Name: Fernando Levy-Hara (Print) Name: Title: Title: Address: Address: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) '^ frV)"- HA Before me the undersigned authority personally appeared (t:fl.JJ~jJl)(;; L,\s the aut Applicant and/or the owner of the property subject to the application, who being first by me dul he/she executed this Affidavit for the purposes stated therein and that it is true and ~orrect. , ! AFFIANT ~\ SWORN TO AND SUBSCRIBED BEFORE ME this~ay of S(J>rYJ{jrct2., 200_~~ ed representative of the om, did swear or affirm that o ary lie State of Florida At Large Printed Name of Notary 4tG~ 1rA-lJ>Po I1A(l.TIv' My commission expires: 06/11/2.011 / 8/28/2007 10 o.,-~:t .~ Notary Public State of Florida ~ ': Alejandro Martin ~ c ; My Commission 00684438 ~ OF ",t!' Expires 06/11/2011 ~"",~~" .'-" ^..IIfo,.. "'.-^ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) [X 11. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application wiU be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1% of tot a) assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [1 iii. The Applicant or Representative is a Client ofa member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [1 v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; WITNE The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. HAND THIS Z~ DAY OF ~)-\ ';:"...b...::... , 2001 APPLICANT: X By: Name: Title: (Signature) (Print) (Print) WITNESS MY HAND THIS DAY OF , 200_. PROPERTY OWNER: By: Name: Title: (Signature) (Prinz) (Print) *The terms "Business Relationship, " "Client, " "Customer, " "Applicant, " "Representative" and "Interested Person" are defined in Section 2-395 a/the Aventura City Code_ 8/28/2007 11 My commission expires: WITNESS MY HAND THIS DA Y OF ,200_. is ed on Business Relationship Affidavit) By: By: (Signature Name: Clifford Schulman (Print) Name: (Print) Title: Attorney _ (Print) Title: (Print) B~ignaIU") By: (Signature Name: (Print) N . ler A vino (Print) Title: Attorne (Print) Title: (Print) "'-By: (SIgnature) By: (Signature (Print) Name: (Prinl) Title: (Print) Title: (Prinl) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. S/2S/2007 13 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Clifford Schulman the Affiant, w affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this ~ day of first by me duly sworn, did swear or STATE OFFLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Javier Avino the Affiant, who being first "'"'" 0< ,ffi"" 'hot ho/,h. "",",oo thO Affi''''' to< tho ,""os", ,"'" th~od. <:::: AFF i4NT SWORN TO AND SUBSCRIBED before me thiS.n day Of~, 200_1 by me duly swam, did Printed Name ofN My commission expires: M~RlSOl.. R. GONZALEZ N Public . Slate of Florida , ExpiresSep 17, 2010 . ion # DO 553129 ed By National Notary Assn. ST ATE OF FLORIDA ) COUNTY OF MIAMI-DADE) AFFI the Affiant, who being first by me duly sworn, did rue and correct. Before me, the undersigned authority, personally appeared Fernando Lev swear or affirm that he/she executed this Affidavit for the purposes stated therein and t x SWORN TO AND SUBSCRIBED before me this Z6 day of ~pr€l1Ij{f}, 200]- 'VV ~'~,.~ Notary Public State of Florida ~ r '1- Alejandro Martin ;, c .; My Commission 00684438 ~ Of ,\:.1 Expires 06/1112011 -- -- -' ~.~~.:"~"~----- -- -- - - -- _._._~".--_.- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public State of Florida At Large Printed Name of Notary 812812007 12 ORDINANCE NO. 2007- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144(e) "OFFICE PARK (OP) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT DISPLAY SHOWROOMS AS A CONDITIONAL USE SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to permit display showrooms as a conditional use in the Office Park (OP) District, subject to certain conditions; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-144(e) of the City's Land Development Regulations is hereby amended as follows 1: "Sec. 31-44. Business Zoning Districts (e) Office Park (OP) District. 1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. Ordinance No. 2008 - Page 2 (2) Conditional use. The following uses if first approved as a conditional use: h. Display Showroom, subiect to all of the followinq conditions: 1. Showrooms shall be established only in coniunction with a professional or business office located within the same unit; and 2. Showrooms shall be located only on the qround floor of a buildinq; and 3. Only samples related to the professional or business office use shall be displayed in the showroom; and 4. The samples displayed in the showroom shall not be sold to end users; and 5. Inventory shall not be stored in the showroom; and 6. Samples delivered to the showroom shall be utilized for display purposes only, and 7. Samples shall not be delivered to or from the showroom for use by end users; and 8. Samples delivered to the showroom for display purposes shall only be delivered to the showroom within normal business hours of the office buildinq in which the showroom is located. Section 2. 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. Ordinance No. 2008 - Page 3 Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb 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 Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Ordinance No. 2008 - Page 4 PASSED on first reading this 8th day of January, 2008. PASSED AND ADOPTED on second reading this 5th day of February, 2008, SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this _ day of February, 2008. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Joanne Carr, A Planning Director TO: City Commission FROM: Eric M. Soroka, I City Manager DATE: December 6,2007 SUBJECT: Establishment of a Transportation Mitigation Impact Fee and Schedule of Fees for Development Activity to support mobility within the City of Aventura (01-IFS-07) January 8, 2008 Local Planning Agency Agenda Item He 1st Reading January 8,2008 City Commission Meeting Agenda Item 2...C 2nd Reading February 5,2008 City Commission Meeting Agenda Item_ RECOMMENDATION It is recommended that the City Commission adopt an ordinance to establish a Transportation Mitigation Impact fee and schedule of fees for Development Activity to support mobility within the City. THE REQUEST City staff is requesting adoption of an ordinance to establish a Transportation Mitigation Impact fee and schedule of fees for Development Activity to support mobility within the City. BACKGROUND Section 163.3177 of the Florida Statutes enacts transportation concurrency, which provides that public facilities and services needed to support development shall be available concurrent with the impacts of development. The legislature recognized, however, that there are areas where construction of new or expanded roadways is not possible. The legislature therefore made provision for exceptions to transportation concurrency called Transportation Concurrency Exception Areas. In these exception areas, the development may not be required to demonstrate compliance with Level of . Service Standards for roads if the development is otherwise consistent with the Comprehensive Plan, is a project that promotes public transportation or is within an area designated for urban infill development and the local government has adopted into its Comprehensive Plan strategies to support and fund mobility within the exception area. The City of Aventura was designated as a Transportation Concurrency Exception Area through adoption of its Comprehensive Plan in December of 1998. The City has adopted into its Comprehensive Plan strategies to support and fund mobility. Policy 1.12 of Objective 1 of the Transportation Element in our Comprehensive Plan states that the City will develop impact fees and other methods by which developers can mitigate impacts to our transportation system by contributing funds for alternative modes of transportation, particularly the expansion, operation and maintenance of our Aventura Express bus service. (2005 EAR based amendments approved January 9,2007) Since approval of the EAR based amendments, City staff has been working with Dr. James Nicholas, the consultant selected to prepare a Transit Impact Fee Study to satisfy the comprehensive plan policy. Dr. Nicholas has extensive experience with impact fees and impact fee studies. The Impact Fee Study entitled "A Program of Transportation Mitigation" and Dr. Nicholas' resume are attached. The Transportation Mitigation Study finds that the City of Aventura can accommodate the mobility needs of new development by the expansion of the Aventura Express with the payment of a transportation mitigation impact fee and recommends that the City adopt such a fee to support mobility in the City through the use of mass transit. The following table of fees is recommended according to type of use: TRANSPORTATION MITIGATION PER UNIT CITY OF AVENTURA Land Use (Unit of Measure) Persons Cost per Unit per Unit of Measure of Measure Residential (per Dwelling Unit) 0.972 $1,320.70 Office (per 1,000 FT2) 1.557 $2,115.94 Retail (per 1,000 FT2) 2.203 $2,993.95 Industrial (per 1,000 FT2) 1.324 $1,799.30 Institutional & Other (per 1,000 FT2) 2.396 $3,255.14 2 Impact fees would be collected prior to issuance of a building permit, similar to collection of other impact fees such as police and park impact fees. The ordinance provides for exemptions from the fee for alterations, expansion or replacement of existing buildings where the use is not changed and the number of dwelling units or square footage is not increased. Government and public facilities used for governmental purposes are exempt from the fee including Federal, State, County, City, School Board and Waste Management facilities. All funds collected will be accounted for in the Transportation and Street Maintenance Fund. ANAL YSIS The establishment of impact fees is governed by Section 163.31801 of the Florida Statutes. The attached ordinance has been drafted to comply with the provisions of that Section. The calculation of the impact fee is based on the most recent and localized data, provision is made for accounting and reporting of impact fee collections and expenditures through the Transportation and Street Maintenance Fund and published notice will be made no less than 90 days before the effective date of the ordinance. If adopted, the ordinance provides that it will be effective 90 days following publication of notice of adoption. 3 A Program of Transportation Mitigation Prepared for the City of Aventura By James C. Nicholas, PhD August 15,2007 Executive Summary The City of Aventura wishes to consider an option to support the Transportation Concurrency Exception Area (TCEA), which is part of the Aventura Comprehensive Plan. The City of Aventura is largely built-out with few if any opportunities to construct new roads or to expand existing roads. While the opportunities to construct expanded roadways is limited, there is a continuing need for additional mobility within Aventura to meet the needs of residential and business developments in this City. The City of Aventura has developed and provides a system on transit known as the Aventura Express. This is a system of bus routes that is provided to residents and non- residents alike without charge. The objective of the Aventura Express is to provide mobility by means of busses and thus avoid the need to expand roadways or to suffer increased traffic congestion in the absence of such expansion. Florida law requires that new developments achieve and maintain adequate levels of transportation service as a prerequisite to development. This is commonly referred to as "transportation concurrency." When this law was passed it was recognized that such a policy would not be sensible in all situations. Aventura is one of those situations. Accordingly, the entirety of the City of Aventura has been designated a TCEA. The law requires local governments with TCEAs to develop means to support the TCEAs that will promote public transit. The net effect is to allow developers to contribute to public transit when achieving transportation concurrency by traditional means is not possible or is impractical. Such a program is presented herein. This report finds that the City of Aventura can accommodate the mobility needs of new developments by the expansion of the Aventura Express with the payment of a transportation mitigation fee. The amounts of the fees for various land uses are: CIRCULATOR MITIGATION PER UNIT CITY OF AVENTURA Land Use and Unit Persons Cost per Unit per Unit Residence per Dwellinq 0.972 $1,320.70 Office per 1,000 FP 1.557 $2,115.94 Retail per 1,000 FP 2.203 $2,993.95 Industrial per 1,000 FP 1.324 $1,799.30 Institutional & Other per 1,000 FT' 2396 $3,255.14 These mitigation fees represent a proportionate share of the City's costs to extend additional mobility to new development by means of the Aventura Express. Transportation Mitigation August 15, 2007 Page 1 Therefore it is recommended that the City of Aventura move ahead to adopt the calculated Circulator Mitigating Fees, the objective of which is to support mass transit within the City of Aventura and thus support the City's policy of transportation concurrency exception. Transportation Mitigation August 15, 2007 Page 2 A. The Need for Movement Progress requires the ability to move people and goods through economic space. Within a 21st Century United States, the accommodation of additional movement commonly involves providing infrastructure for additional vehicular traffic. The fact that this is a common means of accommodating the need for movement does not mean that it is the only means or that it is necessarily the best means. Adam Smith pointed out that the wealth of nations would result from the unrestrained interplay of the forces of supply and demand.1 He built upon the pioneering work of a school of philosophers known as the French Physiocrats.2 The Physiocrats are the ones that gave the world the maxim: "laissez fa ire, laissez aller, laissez passer." Translated, this means "let do, let go, let pass." Many have chosen to interpret this to simply mean that government should leave businesses alone to make the products that they wish. However, the issue of movement is prominent. The broader interpretation is to allow things - goods, services and people - to move about and to pass (through). Dr. Smith popularized this in English when he advised that the "division of labour is limited by the extent of the market.,,3 Smith was focusing here on the great economic importance of the ability to move goods and people and that the extent of economic development in limited by the relative ability to move goods and people. Movement of goods and people is essential to economic prosperity or, as Adam Smith put it, to the wealth of nations. In the United States there have been ~reat public investments in all forms of transportation. The canals of the early 19 h century were followed by rail roads that opened up the nation. The dominant forms of transportation in the 20th Century have been highways and air. These investments were funded by all levels of governments; federal, state and local. The result has been unprecedented economic growth and prosperity. The nature and form of transportation has changed over time. One would expect for this to continue in the future. While the means and technology of transportation has changed, one thing that has not changed is the critical need for the movement of people and goods. If goods or people cannot be efficiently moved, prosperity will wane and eventually cease. One of the roles of planning is to identify a community's need for mobility and to meet those needs 1 Adam Smith, The Wealth of Nations, 2 This school of thought was led by Frant;:ois Quesnay, who wrote the Tableau Economique, in 1759 3 Wealth of Nations, op cit Transportation Mitigation August 15, 2007 Page 3 in a timely and efficient manner. For much of urban American the need for movement has served with streets and highways. Increasingly alternative means of providing movement are being sought and provided. Public transit together with non-vehicular modes are being proposed as the cost and the consequellces of the tradition streets and highways solutions rise and become unacceptable. B. The Need for Transportation in Florida The State of Florida recognizes the integral role that the ability to move goods and people plays in the economic success of the state and places within the state. Accordingly, the Legislature enacted "transportation concurrency" into law; "It is the intent of the Legislature that public facilities and services needed to support development shall be available concurrent with the impacts of such development. 4 There are five public services subject to mandatory concurrency: . Water and sewer service; · Solid waste collection and disposal; · Parks and recreation; . Public schools;5 and . Transportation. These facilities must be adequately provided if development is to be allowed to proceed. In many instances the attainment of transportation concurrency is achieved through the construction or expansion of streets and highways. However, there are frequent instances where the construction of new or expanded roadways is not possible or is impractical. The Legislature foresaw such instances: (5)(a) The Legislature finds that under limited circumstances dealing with transportation facilities, countervailing planning and public policy goals may come into conflict with the requirement that adequate public facilities and services be available concurrent with the impacts of such development. The Legislature further finds that often the unintended result of the concurrency requirement for transportation facilities is the discouragement of urban infill development and redevelopment. Such unintended results directly conflict with the goals and policies of the state comprehensive plan and the intent of this part. Therefore, exceptions from the concurrency requirement for transportation facilities may be granted as provided by this subsection 4 Chapter 1633177(10)(h), Flonda Statutes 5 Not effective until January 2008 Transportation Mitigation August 15, 2007 Page 4 (b) A local government may grant an exception from the concurrency requirement for transportation facilities if the proposed development is otherwise consistent with the adopted local government comprehensive plan and is a project that promotes public transportation or is located within an area designated in the comprehensive plan for: 1. Urban infill development 6 Aventura is one of the places where an alternative means of providing movement is needed. There are few if any economically feasible street and highway options that will accommodate additional vehicles on Aventura's streets. The City has been designated a TCEA in 1998. Thus new developments within Aventura are exempt from the concurrency provisions of the statute? However, the statute established the promotion of public transportation as a prerequisite for such a concurrency exemption. In response to this requirement, the City has proposed the following policies to support the TCEA designation: Policy 1.8. The City of Aventura shall continue to identify projects to support and fund mobility, enhance alternative modes of transportation, and ensure connectivity in its Capital Improvement Program. . . B Policy 1.9. The City of Aventura . . . shall evaluate the impact of proposed development and redevelopment on its transportation system, Strategic Intermodal System facilities, and the adopted level of service standards of transportation facilities, and identify strategies to alleviate or mitigate such impacts in coordination with the developer and other agencies as appropriate.9 Policy 1.11. The City of Aventura shall, by ordinance, include proportionate fair share mitigation options in its concurrency management program. . .. The intent of these options is to provide for the mitigation of transportation impacts through mechanisms that might include, but are not limited to, private funds, public funds, contributions of land, and the contribution of facilities.1o Policy 1.12. By 2007, or at the earliest feasible date, the City of Aventura will develop impact fees and other methods by which developers can mitigate impacts to the transportation system by contributing funds for alternative modes of 6 163.3180, Florida Statutes. 7 While new developments in Aventura are exempted from transportation concurrency, developers are required to make safety improvements, such as acceleration or deceleration lanes, or intersection improvements when the staff review of site plans shows that such improvements are need to protect public health, safety or welfare 8 City of Aventura, Ordinance No 2007 - 01, page 20 9 City of Aventura, Ordinance No 2007 - 01, page 20. 10 City of Aventura, Ordinance No. 2007 - 01, page 20 Transportation Mitigation August 15, 2007 Page 5 transportation, particularly the expansion, operation and maintenance of the Circulator System 11 The thrust of these policies is to permit new development to proceed while still maintaining an appropriate level of transportation service by having developers mitigating their impacts on traffic circulation within Aventura. This mitigation would be in the form of contributing toward the Circulator System. The result would be that the increased demand for mobility resulting from new development or redevelopment within Aventura would be satisfied by the Circulator System rather than by expansion of Aventura's streets and highways. Thus, Aventura proposes to support its policy of transportation concurrency exception, and thus exempting new developments from transportation concurrency, if those new developments promote public transportation by payment of the mitigation fee. The only means of public transportation known that can constitute an alternative mode of transportation within Aventura is the Circulator System. Section 163.180(5) provides a means for Aventura to structure a program of transportation mitigation that will allow developments to proceed while also advancing the mobility of the community. This Section provides that: d) A local government shall establish guidelines in the comprehensive plan for granting the exceptions which must be consistent with and support a comprehensive strategy adopted in the plan to promote the purpose of the exceptions. (e) The local government shall adopt into the plan and implement strategies to support and fund mobility within the designated exception area, including alternative modes of transportation. The plan amendment shall also demonstrate how strategies will support the purpose of the exception and how mobility within the designated exception area will be provided. The proposed changes to the Aventura Comprehensive Plan, cited above, are the implementation strategies that are the prerequisite for the granting of transportation concurrency exceptions. In order to implement these policies it is necessary to develop and implement a program to support the TCEA. The following section will set out such a program. 11 City of Aventura, Ordinance No 2007 - 01, page 21 Transportation Mitigation August 15, 2007 Page 6 c. A Transportation Mitigation Program The objective of an Aventura Transportation Mitigation Program is to support and fund the City's Circulator System so that the Circulator System can satisfy the need for enhanced mobile as the City continues to grow. New residential and non-residential developments within Aventura will contribute to the need for increased mobility. New residences will bring additional people that will live, shop, recreate and work in or around the City. Each of these activities will require mobility. Additionally, new non-residential developments will attract additional shoppers, employees, customers and recreators to and within Aventura. Both types of developments will cause a need for enhanced mobility. A mitigation program will involve the payment of a fee that offsets the costs of accommodating the mobility impacts of new residential and non-residential developments with the Circulator System of the City of Aventura. The first step in developing a mitigation fee is to quantitatively define the Circulator Service. Table 1 provides the first part of this definition. At present the Circulator System is 354,860 passenger seats per year. These seats are provided within 5 routes, running 10 times per day on weekdays and 13 times on weekends. Table 1 CIRCULATOR SERVICE CITY OF A VENTURA Routes Runs Seats Seats Seats per Day per Year Weekday 5 10 22 1,100 280,500 Weekend 5 13 22 1,430 74,360 TOTAL 1,155 354,860 SOURCE City of Aventura, February 2007 The Circulator System serves the residents of and visitors to Aventura. Our convention is to define a population of a place, such as Aventura, as the number of people who reside within the borders of that place. This definition is fine for purposes of voting but it is not acceptable for purposes of defining a population of people served by services such as police and fire protection, or Aventura's Circulator System. The population served by the Circulator System is the number of people within Aventura no matter if they are permanent residents, seasonal residents, employees of businesses or patrons of those businesses within Aventura. The population served is the functional population. These people are served by the Circulator even if they don't ride it. They are served by diverting those that do ride the busses from the streets, thereby creating capacity for those that prefer driving to bus riding. Additionally, businesses are served even if the owners of the businesses do not ride the busses because the busses bring their employees and customers to and from those places of business. Transportation Mitigation August 15, 2007 Page 7 The functional population of an area is the number of people than can be expected to be present at businesses, residences, schools, parks, churches or the myriad of other places that people go or congregate. The number of people within Aventura's functional population is shown in Table 2. These are the people served by the City of Aventura. Table 2 SERVICE AREA POPULATION CITY OF AVENTURA Resident Functional Residential Population 28,207 14, 1 04 Peak Population 40,336 7,277 Visitors to I Offices 2,892 Retail 1 5, 1 34 Industrial 532 Institutional 1,849 I LTOT AL 41,788 SOURCES 2000 Census of the Population, Table 3 Table 3 shows the derivation of the functional population. These calculations use Miami-Dade County as the base for the calculations. Counties are used because employment data is not reported for geographic areas smaller than counties. Vehicular trip generation rates 12 are used to identify the total number of people present at a site. Employment data are used to identify how many of those persons present are employees, with the remainder being visitors. The ratios of persons per 1,000 feet of floor area for Miami-Dade County are applied to non-residential floor area within Aventura to estimate Aventura's functional population at non-residential areas. Because many of the people present at and assigned to non-residential areas of Aventura are the occupants of residences within Aventura, it is necessary to adjust the population assigned to residences to avoid double counting those persons. This is done on a time allocation basis. Table 3 shows the Miami-Dade County and Aventura allocations, resulting in a functional population of 41 ,788 for Aventura. 12 As reported by the Institute for Transportation Engineers, Trip Generation, ih Edition, 2003 Transportation Mitigation August 15, 2007 Page 8 Table 3 FUNCTIONAL POPULATION CITY OF A VENTURA Aventura Miami-Dade Land Use Floor Area Persons at Site Floor Area i Persons at i Site Non-Residential Office 1,857,080 2,892 91,889,361 143,096 Retail 6,868,173 15,134 185,691,556 409,164 Industrial 401,883 532 182,695,376 241,930 Institutional & 771,833 1,849 124,193,781 297,529 1 Other I 1 Full time Residences 14,104 1 1,189,909 I 7,277 . Seasonal Residences 98,191 i TOTALS 9,898,969 41,788 584,470,074 2,379,818 Table 4 shows the functional population of Aventura in terms of persons per unit of land use; 1,000 square feet of floor area for non-residential developments and the dwelling unit for residential development. Recall that many of the residents on Aventura are also the employees and patrons of the businesses within Aventura, thus the relatively low functional population assigned to residences. Table 4 FUNCTIONAL POPULATION PER UNIT CITY OF AVENTURA Land Use Persons Units Population at Site per Unit Office - 1,000 FP 2,892 1,857,080 1.557 Retail 1 ,000 FP 1 5, 1 34 6,868,173 2.203 Industrial 1 ,000 FP 532 401,883 1.324 Institutional & Other -1,000 FT2 1,849 771,833 2.396 Residences - Dwellinq 21,381 20,782 0.972 TOTAL 41,788 The annual cost per seat for Circulator Service is shown in Table 5. The cost from Table 5 is used to calculate a per capita cost, using functional population, of the Circulator System for the present year and as a present value of future costs. Table 5 CIRCULATOR COST PER SEAT CITY OF AVENTURA Da Bus Hours er 53 Cost er Hour 44 Cost er $2,310 SOURCE City of Aventura, Budget for FY 2006-07. Year 16,380 $44.00 $720,720 Transportation Mitigation August 15, 2007 Page 9 The level of service provided or expected to be provided in the future is 0.0276 seats per capita per year. The costs shown in Table 7 are the costs of continuing this level of service as the City continues to develop. Table 6 CIRCULATOR LEVEL OF SERVICE CITY OF A VENTURA 41,788 i 0.0276 The basic annual cost of $6,552 per seat is reduced by 51 % to reflect the allocation of funds to Aventura's Circulator System from Miami-Dade County's Transit System Surtax. These calculations assume that this surtax and the allocation to Aventura will continue for the next 25 years. Cost per Route $144, 144 Seats per Route 22 Cost per Seat $6,552 Paid by County Transit System Surtax 51% Net Cost to City per Seat $3,231 Level of Service 00276 Cost per Capita $89.29 Years 2500 Discount Rate 425% Present Value $1,359 Table 7 CIRCULATOR COST PER CAPITA CITY OF A VENTURA The Circulator System mitigation cost per unit of development is shown in Table 8. These costs, assessed as an alternative to transportation concurrency, should recoup the City of Aventura's costs of meeting the need for mobility with the City's Circulator System. The total costs to the City have been adjusted for the availability of other funds to pay this cost. As such, the amounts shown represent a proportionate share of the City of Aventura's costs of meeting the needs of additional residential and non- residential development by means of the City's Circulator System. Transportation Mitigation August 15, 2007 Page 10 Table 8 CIRCULATOR MITIGATION FEE PER UNIT CITY OF A VENTURA Land Use and Unit Persons Cost per Unit per Unit Residence per Dwelling 0972 $1,320.70 Office per 1,000 FF 1557 $2, 115 94 Retail per 1,000 FF 2.203 $2,99395 Industrial per 1,000 FT2 1.324 $1,799.30 Institutional & Other per 1,000 FF 2396 $3,255.14 Should the City adopt these mitigation fees, annual updates should be done based upon the City's updated cost of providing the Circulator System. D. Implementation Should the City proceed to enact a transportation mitigation fee, it should be recognized that the City is requiring developers to make a present payment to cover future costs of providing the Circulator service. The preferred way of implementing such a program would be for the City to deposit all mitigation fees collected into a trust fund and then annually appropriate the earnings from this fund to the Circulator system. In this way there is consistency between the assumptions of the fee calculations and the use of the funds. It is recommended that the City of Aventura enact a transportation mitigation fee that is no greater than the amounts shown in Table 8 and that the fees collected be deposited into a restricted trust fund, the earnings from which will be used solely to fund the City's Circulator or successor system of mass transit. It is recommended that the implementing ordinance provide for a refund of mitigations fees in the event that the City ceases to provide some type of circulator service. If the City of Aventura ever stops providing the Circulator service or a seNice similar to the Circulator, the amounts on deposit in the trust fund should be returned to the then current owners of the property for which the mitigation fee was paid on a pro rata basis. Transportation Mitigation August 15, 2007 Page 11 RESUME JAMES C. NICHOLAS OFFICE 126 SW 165tl1 Street Newberry, FL 32669 j<;nicho las(wmsn. com POSITION Emeritus Professor of Urban & Regional Planning and Emeritus Professor of Law, University ofFlorid~ Gainesville, Florida, 2006 to present. PREVIOUS POSITIONS Professor of Urban & Regional Planning and Affiliate Professor of Law, University of F]orid~ Gainesville, Florida, 1985 to 2006. Associate Director, Environmental and Land Use Law Program, College of Law, 1999 to pre- sent. 1985 - 1992, Co-Director of Growth Management Studies, College of Law, University of Florida. 1969 - 1985, Professor of Economics, Florida Atlantic University, Boca Raton, Florid~ and Associate and Acting Director, Joint Center for Environ- mental and Urban Problems of Florida Atlantic and Florida International Universities. PERSONAL Birth: July 24,1941 Los Angeles, California EDUCATION Ph.D.: 1970, University of Illinois, Major in Economics M.A.: 1967, University of Miami, Major in Economics B.B.A.: 1965, University of Miami, M3:.ior in Business Administration 3 I. RESEARCH AND PUBLICATIONS Books 1. Principles and Practices of Impact Fees, Chicago: American Planning Association, 2007, with A. Nelson and 1. Juergensmeyer. 2. A Practitioners Guide to Development Impact Fees, Chicago: American Planning Associa- tion, 1991, with A. Nelson and J. Juergensmeyer. 3. The Changing Structure of Infrastructure Finance, Cambridge, Mass.: The Lincoln Institute of Land Policy, 1985. Editor. 4. State Regulation and Housing Prices, New Brunswick, NJ: Rutgers University, 1982. 5. The Unnecessary Cost of Automobile Ownership, Fort Lauderdale, Florida: Joint Center for Environmental and Urban Problems, 1980. 1~onographs 1. Impact Fees in Hawaii' Implementing the State Law, Honolulu: Land Use Research Founda- tion, 1993. With D. Davidson. 2. Calculating Proportionate Share Impact Fees Under the Rational Nexus Test, Chicago: American Plarming Association, 1988. 3. The Use ofFlorida's Land, Tallahassee, Florida: State of Florida, Environmental Land Man- agement Study Committee, 1973. Editor. 4. New Communities.' A Tool to Implement a Policy for the Management of Growth, Tallahas- see, Florida: State of Florida, Environmental Land Management Study Committee, 1973. Editor. Chapters in Books 1. "Impact Fees Should Not Be Subject to Takings Analysis," in Taking Sides on Takings Issues: Public and Private Perspectives, Ed. By Thomas E. Roberts, Chicago: Am. Bar Assn, 2002. 2. "Transferable Development Rights and Alternatives After Sutium," Twenty-Eighth Institute of Planning, Zoning and Eminent Domain, New York: Matthew Bender, 1998. With J. C. Juer- gensmeyer and B. Leebrick A reprint of item D. 1. 3. "Elementos Economicos da Gerencia do Crescimento," in Coriflicts Juridicos, Economicos e Ambientais, ed. by Paulo Roberto Pereira de Souza and Jon Mills, Maringa, Parana: University of Meringa Press, 1995. Resume 4 4. "The Evolution of Land Use and Environmental Law in the United States," in Ellen Margrethe Basse, ed., )\diljorettens grundsporgsmal Bidrag til en nordisk forskeruddannelse, Koben- havn: G.E.C Gad, 1994. 5. "The Need for an lntemational Forum to Consider Compensation for Environmental Preserva- tion," in Amedeo Postiglione, ed., Tribunale Internazionale Dell'Ambienta, Roma: Instito Poligrafico E Zecca Dello Stato Libreria DelIo Stato, 1992. 6 "The Use of Road Impact Fees in the United States," in Robert F. Passwell, ed., Site Impact Traffic Assessment, Washington, DC: American Society of Civil Enginee(ing, 1992. 7. "Paying for Growth: Creative and Innovative Solutions," in Jay Stein, ed., Growth 111anage- ment and Sustainable Development, Sage, 1992. 8. "The Provision of Infrastructure," in D. Coffee and 1. Wade, eds., Local Government in the 1990's, Gainesville: Center for Governmental Responsibility, University of Florida, 1990. 9. "The Costs of Growth: A Public vs. Private Sector Conflict or a Public/Private Responsibility," in D. Brower, D. Godschalk & D. Porter, eds., Understanding Growth Management: Critical Issues and A Research Agenda, Washington: Urban Land lnstitute, 1989. 10. "Appropriate Methods for Establishing Impact Fees," with A C. Nelson, in Development Im- pact Fees, AC. Nelson, ed, Chicago: American Planning Association, 1988. 1]. "A MOdel State Impact Fee Enabling Act," with 1. Juergensmeyer, in Development Impact Fees, AC. Nelson, ed., Chicago: American Planning Association, 1988. Reprinted as "Mode- 10 de Projeto de Lei Para Criayao das Taxas de Impacto," in Conflicts Juridicos, Economicos e Ambientais, ed. by Paulo Roberto Pereira de Souza and Jon Mills, Maringa, Parana: University of Meringa Press, 1995 12. "A Standard Development Impact Fee Enabling Statute," with 1. Bachrach, 1. Juergensmeyer, A Nelson, T. Ramis and E. Strauss, in Development Impact Fees, AC. Nelson,ed., Chicago: American Planning Association, 1988. 13. "Calculating Proportionate Share Impact Fees," in R. Alterman, ed., The Private Finance of Public Services, New York: New York University Press, 1988. 14. "Impact Fees: A Fiscal Technique for Managing Growth," in W. deHaven-Smith, ed., Growth Management Innovations in Florida, Fort Lauderdale: Florida Atlantic University, 1988. 15. "Commentary on Florida's Policy With Respect to it's Coast," in C. M. Adams, ed., The Eco- nomics of Coastal Tourism and Research Perspectives for Florida. Gainesville: Florida Sea Grant College Program, 1988. 16. "Capital Improvement Finance and Impact Fees After the Growth Management Act of 1985," in Perspectives on Florida's Growth Management Act of 1985, J. DeGrove and 1. Juergens- meyer, editors, Cambridge, Mass.: The Lincolnlnstitute of Land Policy and The Urban Land lnstitute, 1986. Resume 5 17 "Florida's Experience With Impact Fees," in The Changing Structure oj Infrastructure Fi- nance, J C. Nicholas, editor, Cambridge, Mass.: The Lincoln Institute of Land Policy, 1985. 18. "Land Availability in Florida," Land for Housing: Developing a Research Agenda, in James Hobin, editor, Cambridge, Mass.: The Lincoln Institute of Land Policy, 1985. 19. "The Role and Scope of Impact Fees," in Financing Florida State Government, H. P. Tuck- man, editor, Tallahassee: Florida State University, 1979. Referred Journals ]. "Market Based Approaches to Environmental Preservation: To Environmental Mitigation Fees and Beyond," Natural Resources Journal. 2003. With J. Juergensmeyer. 2. "The Ups and Downs of Growth Management in Florida," Journal of Law and Public Policy. Vol, 12 No.2, 2001. 3. "Growth Management and Smart Gmwth in Florida," Wake Forest Law Review, Vol. 35:3, 2000, with Ruth Steiner. 4. "State and Regional Land Use Planning: The Evolving Role ofthe State," St. Johns University Law Review, Vol. 73:4, 1999. 5. "Perspectives Concerning the Use of Environmental Mitigation Fees as Incentives - II," Envi- ronmental Liability, with J. Juergensmeyer and E. Basse. Volume 7:3,1999. 6. "Perspectives Concerning the Use of Environmental Mitigation Fees as Incentives - I," Envi- ronmental Liability, with J. Juergensmeyer and E. Basse. Volume 7 :2, 1999. 7. "Transferable Development Rights and Alternatives After Suitum," The Urban Lawyer, Vol. 30 No.2, 1998, with J. Juergensmeyer and B. Leebrick. 8. "Positive Influence ofImpact-Fees in Urban Planning and Development," Journal oj Urban Planning and Development, Vol. 118, No.2, 1993. With A. C. Nelson and J. E. Frank. 9. "New Fangled Impact Fees," Planning, Vol. 58:10, 1992, with A. C. Nelson and Lindell Marsh. 10. "Estimating Functional Population for Facility Planning Purposes", Journal oj Urban Planning and Development, Vol. 118, No.2, 1992. With A. C. Nelson. 11. "On the Progression of Impact Fees," Journal of the American Planning Association, Vol. 58, No.4, 1992. 12. "Debt for Nature Swaps: A Modest But Meaningful Response to Two International Crises," Florida International Law Journal, Volume V, no. 2, 1990, with J. Juergensmeyer. 13. "Critical Elements of Development Impact Fee Programs," Journal of Urban Planning and Development, Vol. 116No. 1, May 1990, with A. Nelson and J. Juergensmeyer. Reswne 6 14. "Determining The Appropriate lmpact Fees Under 'The Rational Nexus Test," Journal oj the American Planning Association, Vol. 54: 1, 1988, with A. C. Nelson. 15 "Calculating Proportionate Share Impact Fees," New YorkAffairs, Vol. 10, No.2, 1988 16. "Impact Exactions: Economic Theory, Practice and Incidence," Law and Contemporary Prob- lems, Vol. 50, No.1, 1987. 17. "East-West Trade: A Case Study of Sulphur," Florida International Law Journal, Vol. III, No 1, 1987. 18. "The Use of Benefit Fees and Assessments in Financing Transportation Improvements," AASm'O,1987. 19 "Housing Costs and Prices Under Regional Regulation," Journal oj the American Real Estate and Urban Economics Association, Vol. 9, no. 1, 1982. 20. "Problems of Financing Capital Improvements in a Growing Area," Engineering Issues, 1980. 21. "Rent Differentials Among Racial and Ethnic Groups," Review oj Social Economy, Vol. 36, No. 1,1978. 22. "Planning as Compensation for Land Use Regulation," Florida Environmental and Urban Is- sues, Vol. V, January 1977. 23. "Areas of Critical Environmental Concern: A Case Study," Florida Environmental and Urban Issues, Vol. IV, 1976. 24. "Impact Fees: Tbe Other Side," Florida Environmental and Urban Issues, Vol. 3, 1975. 25. "The Economy of the South Florida Coastal Zone, "florida Environmental and Urban Issues, Vol. III, 1975. 26. "Industrial Locations: The Special Case of Florida," Review ojRegional Studies, Vol. 4, 1975. 27. "Population Updates: Growth in South Florida Since 1970," Florida Environmental and Ur- ban Issues, Vol. 2, 1974. 28. "Impact Fees in Florida," Florida Environmental and Urban Issues, Vol. 2, 1974. 29. "South Florida During the Twentieth Century: Population Projections to 2000," Florida Envi- ronmental and [.lrbanIssues, Vol. 1,1973. 30. "An Experiment in Computer Aided Instruction in Regional Economics," Review of Regional Studies, vol. 3, 1973. 31. "Controlling Pollution: An Economic View," Research Reports In Social Science, Vol. 14, 1972. Resume 7 32. "Corporate Income Taxation in Florida: An Analysis ofIt's Effects on Prices and Growth," Florida Planning and Development, April 1970 (with M. B. Redman). 33. "Florida's Metropolitan Income: Levels and Trends," Florida Planning and Development, March 1970 Articles in Edited Proceedings 1. "Florida the Megastate: How Can it Take a Lickin' and Keep on Tickin'," Journal of the Public Interest Environmental Conference, Vol. l, Spring 1997. 2. "Price Effects of Road and Other Impact Fees on Urban Land," Transportation Research Re- cord, No. 1305,1991, with A. C. Nelson, 1. H. Lillydahl and 1. E. Frank. 3. "The Seasonal Stability of the Urban Base Multiplier," Proceedings of the American Statisti- calAssociation, Nov. 1976. 4. "Instability of the Urban Base Multiplier," Proceedings of the American Statistical Associa- tion, September 1974. 5. "The Impact of Inflation on Investment and Labor Productivity," Proceedings of the Ameri- can Statistical Association, Nov. 1972. Other Research Activity 1. Technical Reports Over 60 technical reports have been written for various agencies which are noted under relevant professional experience. 2. Papers Before Professional Associations Over 100 papers have been presented to Professional Associations. These Associations include: American Law Institute/American Bar Association American Planning Association American Sociological Association American Society for Public Administration Association for Social Economics Atlantic Economic Society Eastern Economics Association National Conference on Managed Growth Operations Research Society of America Southern Economics Association Southern Regional Science Association Urban Land Institute Resume 8 3. Special Invited Papers a. Office of the Governor, Office of State Planning, State of Hawaii, "A Review of Ha- waii's Infrastructme Finance With Reconunendations," Honolulu, Hawaii, 1992. b. United Nations Council on Development, "The Effect of Environmental Regulations on the Construction IndustIy," Berkeley, California, 1992. c. Legislature of the Commonwealth of Massachusetts, "Financing the Needs of a Grow- ing Conununity," Boston, 1990. d. Office of the New Hampshire Governor, 'Techniques for Financing Urban Devel- opment," Manchester, NH, 1989 e. Commonwealth of the Northern Marianas Islands, Office of the Governor, "Fiscal and Environmental Management of Growth," 1989. f. World Congress on Land Policy, London, United Kingdom, "Financing Infrastructure in Florida," 1986. g. The Florida House Committee on GroMh Management, "Fiscal and Economic Dimen- sions of Growth Management," 1985. h. The Florida Bar Association, "Coping with Economic Impact in the Development Re- view Process," 1982. 1. National Order of Women Legislators, "Financing Capital Infrastructme: Impact Fees," 1982. J. The Florida Senate, Conunittee on Commerce, "Self Insurance for Worker's Com- pensation in Florida," 1978. k. The Florida Senate, Committee on Conunerce, "The Reform of Florida's No-Fault In- surance Law," 1978. 1. United States Senate, Committee on Interior and Insular Affairs, "The Florida Experi- ence in Land Use Regulation and its Economic Consequences," 1976. m. The Florida House of Representatives, Seminar on the Constitutional Problems of Tak- ings, "The Economics of Takings," 1976. n. American Law Institute/American Bar Association; (1) "Capital Improvement Financing" (2) "Handling The Controversial Land-Use Case" o. American Planning Association: (1) "Florida's Experience withhnpactFees," 1985. (2) "Calculating Impact Fees," 1986, 1988 and 1989. (3) "Impact Fees After Nollan," 1987. ReslUIle 9 (4) "Recent Events in Impact Fee Calculations," 1990. (5) "Impact Fees On Trail," 1991 and 1992. (6) "Environmental Mitigation Fees," 1992. (7) "Environmental Mitigation Fees," 1994. (8) "The Hackensack Meadowlands Development Plan," 1995. p. "Calculating Proportionate Share Impact Fees Under The Rational Nexus Test," a series of regional presentations delivered at: (1) Baltimore, Maryland, 1987 (2) Atlanta, Georgia, 1987 (3) Tulsa, Oklahoma, 1987 (4) Portsmouth, New Hampshire, 1987 (5) Augusta, Maine, 1988 (6) Los Angeles, California, 1988 (7) Little Rock, Arkansas, 1988 (8) Milwaukee, Wisconsin, 1988 (9) Boston, Massachusetts, 1988 (10) Denver, Colorado, 1988 (11) San Diego, California, 1989 (12) New York, New York, 1989 (13) Boston, Massachusetts, 1989 (14) Burlington, Vermont, 1989 (15) Dallas, Texas, 1990 (16) San Francisco, California, 1990 (17) London, England, 1990 (18) Atlanta, Georgia, 1990 (19) Denver, Colorado, 1990 (20) Cape Cod, Massachusetts, 1990 (21) Hila, Hawaii 1990 (22) Hilton Head, South Carolina 1991 (23) Denver, Colorado, 1991 (24) Seattle, Washington 1991 (25) Sacramento, California 1991 (26) Virginia Beach, Virginia 1991 (27) Orlando, Florida 1992 (28) San Francisco, California 1992 (29) London, England, 1992 (30) Atlanta, Georgia, 1993 (31) San Francisco, California, 1994 (32) Orlando, Florida 1994 (33) San Francisco, California, 1995 (34) Orlando, Florida 1995 (35) London, England 1998 (36) Columbia, South Carolina 1999 (37) Des Moines, Iowa 2000 4. Grants Resume 10 As Acting Director/Associate Director of the Joint Center, grantsmanship was a primary responsi- bility. Over 75 grants totaling over $4 million were received. II. SPECIAL PROFESSIONAL ACTIVITIES A. Member, Florida Property Right Commission, 1994-95. B. Advisor on Economic Development and Immigration Policy, Office of the Governor, Common- wealth of the Northern Marianas Islands, 1993. C. Advisor on Growth Management and Financial Policy, Office of the Governor, State of Hawaii, 1992-93. D. Advisor on Grovvth Management and Environmental Policy, State of Parana, Brazil, 1992-93. E. Technical Advisor on Economic Development, Vovoidship ofOlsztyn, Poland, 1992. F. Participant and Speaker, "Impact Fees? Can They Work Here?" Special Seminar Sponsored by the Department of Land Economy, University of Cambridge, London, United Kingdom, 1992. G. Participant and Speaker, Workshop on Legal and Technical Assistance for Eastern Europe, Spon- sored by the Central and Eastern European Legal Initiative, American Bar Association, Krakow, Poland, 1992. H. Participant and Speaker, International Symposium on the Establishment of a World Enviromnental Court, Florence, Italy, 1991. 1. Participant and Speaker, Special Seminar on Planning Gain or Paying for Growth?, Institute of Advanced Legal Studies, University College - London, London, United Kingdom, 1990. 1. Participant and Speaker, International Symposium on The Problems of Heavily Polluted Areas, Wroclow, Poland, 1989. K. Participant and Speaker, Second International Symposium on Current Legal Issues Impacting East-West Trade, Warsaw, Poland, 1988. L. Technical Advisor on Land Policy, Constitutional Commission for the United States of Brazil, Campo Grande, Marto Grosso del SuI, Brazil, 1988. M. Participant and Speaker, International Symposium on Current Legal Issues Impacting East-West Trade, Warsaw, Poland, 1986. N. Member, American Delegation, Royal Society of Chartered Surveyors Session of Anglo-American Urban Experience, London, United Kingdom, 1983. O. Member, American Delegation, International Association of Administrative Sciences, Berlin, West Gennany, 1983. Resume 11 P Participant, HUD TaskForce on "Development Choices for the 80's," 1981. Q. Participant, American Planning Association/Urban Land Institute/HUD Conference on Non-Metropolitan Growth, 1980. R StatIEconomist, Florida Tax Reform Commission, 1979-80. S. Participant, U.S. Department of Housing and Urban Development, National Task Force on Hous- ing costs, 1979-80. T Executive Director, (Florida) Governor's Task Force on Economic Policy, 1979. U. StatI Economist, Florida Envirorunental Land Management Study Committee, 1974-75. III. RELEVANT PROFESSIONAL EXPERIENCE A. CONSULTANT TO: 1. Govemment of the United States; a. U.S. Department of the Interior b. U.S. Environmental Protection Agency c. U.S. Department of Defense, Army Corps of Engineers 2. Republic ofEl Salvador 3. Commonwealth of the Northern Maranias Islands 4. Commonwealth of Puerto Rico 5. State of Delaware, Department of Transportation 6. State of Hawaii, Office ofthe Governor, Office of State Planning 7. State of New Hampshire, Office of the Governor 8. State of New Jersey; a. The Pinelands Commission b. Hacksensack Meadowlands Development Commission 9. State of Florida; a. The Florida Senate b. Envirorunental Land Management Study Committee c. Power Plant Sitting Committee d. Department of Community Affairs e. Department of Natural Resources f. Department of Environmental Protection g. Department of Professional Regulation h. Florida Regional Agencies; (1) South Florida Regional Planning Council (2) Southwest Florida Regional Planning Council (3) Treasure Coast Regional Planning Council (4) South Florida Water Management District (5) Suwannee River Water Management District Resume 12 10. Counties of: (selected) Anne Arundel, Maryland Broward, Florida Burlington, New Jersey Charlotte, Florida Clark, Nevada Cobb, Georgia Collier, Florida Dade, Florida DeKalb, Georgia Douglas, Colorado DuPage, Illinois Forsyth, Georgia Hawaii, Hawaii Hernando, Florida Hillsborough, Florida Kern, California Lake, Florida Lee, Florida Martin, Florida Momoe, Florida Montgomery, Pennsylvania Palm Beach, Florida Pitkin, Colorado St. Lucie, Florida St. Johns, Florida Sarasota, Florida Suffolk, New York Teton, Wyoming Walton, Florida Washoe, Nevada 11. Cities of: (selected) Albuquerque, New Mexico Alpharetta, Georgia Bakersfield, California Beavercreek, Ohio Boca Raton, Florida Bradenton, Florida Canton, Georgia Chardon, Ohio Destin, Florida Gatlinburg, Tennessee Hialeah, Florida Honolulu, Hawaii Key West, Florida Miami Beach, Florida Orlando, Florida Palm Beach, Florida Resume 13 Portland, Maine Reno, Nevada Sanibel, Florida Scottsdale, Arizona Southampton, New York Virginia Beach, Virginia West Palm Beach, Florida 12. Private Corporations: (selected) The Arvida Corporation Bramalea Limited Boca Del Marffexaco, Inc. Deltona Corporation Flag Development Company Florida Home Builders Association Florida Power and Light Corporation Florida Power Corporation Freeport-MacMoran, Inc. General Development Corporation Prudential Insurance Company Texas Instn.l.IDents, Inc. The Foundation Land Company Tishman-Spyre Properties U.S. Home Corporation Westinghouse Communities, Inc. B. Expert Testimony: United States District Courts United States Bankruptcy Court United States Courts of Claim Judicial Courts of Florida Judicial Courts of New Jersey Judicial Courts of Illinois Judicial Courts of Iowa Judicial Courts of Ohio Numerous Administrative Boards - Federal, State and Local IV. PUBLIC SERVICE A. Member, Florida Property Rights Commission, 1994-1995. B. Member, Florida Land Use Data System Advisory Council, Florida Department of Community Affairs, 1984-85. C Assistant Director, Southeastern American Assembly on the City and the Fann, 1980. Resume 14 D. Member of the Board, Broward-Palm Beach Economics Forum, 1980-1985. President, 1982-83. E. Member, Economics Advisory Committee, Florida Department of Envirornnenta1 Regu- lation,1978-1982. F. Member, Palm Beach County (Florida) Charter Advisory Commission, 1978-79. G. Member, Economics Advisory Panel, State of Florida, State Comprehensive Plan Com- mittee,1985-87. H. Member, Technical Advisory Committee, South Florida Regional Planning Council, 1972-74. 1. Member and Vice-Chainnan, Economic Advisory Committee, South Florida Regional Planning Council, 1972-74. 1. Reporter, Member of the Drafting Committee and Participant, "Florida 2000: Gover- nor's Conference Growth and the Envirornnent," October 1973. K. Member, Palm Beach County (Florida) Land Use Advisory Board, 1971-77. Chairman, 1971-1973. VI. MEMBERSHIPS AND AWARDS A. Professional: 1. American Planning Association 2. North American Society of Envirornnental Law, Vice President 3. Urban Land Institute; Member of the Industrial Development Council, 1979-85 Member ofthe Recreation Development Council, 1985-90 Member of the National Policy Council, 1990-92. 4. American Bar Association, Educational Affiliate B. Honorary: 1 . Omicron Delta Epsilon, Economics Honor Society 2. Pi Mu Epsilon, Mathematics Honor Society 3. Faculty Associate, Lincoln Institute of Land Policy, Cambridge, Massachusetts. C. Awards: 1. Professional Excellence Award, University of Florida, 1997. 2. Professional Excellence Award, University of Florida, 2001. ORDINANCE NO. 2008- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE IV "FINANCE", DIVISION 5 "IMPACT FEES", TO CREATE SECTION 2-302 "TRANSPORTATION MITIGATION IMPACT FEE"; ESTABLISHING A TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF TRANSPORTATION IMPACTS BY NEW DEVELOPMENT; PROVIDING FOR TRANSPORTATION MITIGATION IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF A TRANSPORTATION MITIGATION IMPACT FEE FUND; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 163.31801 Florida Statutes entitled the "Florida Impact Fee Act", the Florida Legislature found that impact fees are an important source of revenue for a local government to use in funding the infrastructure necessitated by new growth; and WHEREAS, pursuant to Section 163.3177 Florida Statutes, the Legislature enacted a transportation concurrency law which provides that public transportation facilities and services needed to support development shall be available concurrent with the impacts of development; and WHEREAS, the Legislature recognized that there are areas where construction of new or expanded roadways is not possible; and WHEREAS, pursuant to Section 163.3180 Florida Statutes, local governments may exempt an area from transportation concurrency (a "Transportation Concurrency Exception Area") if the proposed development is 1) otherwise consistent with the local Comprehensive Plan, 2) a project that promotes public transportation or is within an area designated for urban infill development; and 3) the local government has adopted into its Comprehensive Plan strategies to support and fund mobility within the designated exception area; and WHEREAS, the City of Aventura (the "City") was designated as a Transportation Concurrency Exception Area when it adopted the City of Aventura Comprehensive Plan in December of 1998; and WHEREAS, the City adopted strategies in the City of Aventura Comprehensive Plan to support and fund mobility within the designated exception area, including impact fees and other methods which developers can use to mitigate impacts to the transportation system by contributing funds for alternative modes of transportation that promote mobility, particularly, the expansion, operation and maintenance of the City's Circulator System, also known as the "Aventura Express" or as it may be renamed in the future or any similar future transit system operated by the City, (the "Circulator System") ,as further described in a study entitled "A Program of Transportation Mitigation" prepared for the City of Aventura by James C. Nicholas, PhD, dated July 2007 (the "Transportation Mitigation Study"); and WHEREAS, the City included an impact fee analysis in the Transportation Mitigation Study to determine if an impact fee could be used to fund the expansion, operation and maintenance of the City's Circulator System; and WHEREAS the Transportation Mitigation Study finds that the City of Aventura can accommodate the mobility needs of new development by expansion of the Circulator System with the payment of a transportation mitigation impact fee and recommends that the City adopt such a fee to support mobility through the use of mass transit within the City and the City's policy of transportation concurrency exception; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission, acting in its capacity as the Local Planning Agency has reviewed this ordinance to adopt a transportation mitigation impact fee during a required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held duly noticed public hearings on this transportation mitigation impact fee ordinance recommended by the City Commission, acting in its capacity as the Local Planning Agency; and 2 WHEREAS, the City Commission has reviewed this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. Section 2. City Code Amended. That the City Code of the City of Aventura is hereby amended by amending Chapter 2 "Administration"; Article IV "Finance"; Division 5 "Impact Fees"; by creating Section 2-302 "Transportation Mitigation Impact Fee" to read as follows: "Sec. 2-302. Transportation Mitigation Impact Fee. (a) Impact Fee; In General. 1. This Section is intended to support and fund mobility within the City's Transportation Concurrency Exception Area by collecting a transportation mitigation impact fee (the "Transportation Mitigation Impact Fee") to allow the expansion, operation and maintenance of the City's Circulator System, also known as the Aventura Express, or as it may be renamed in the future or any similar future transit system 2. In construing the provisions of Section 2-302, the pertinent definitions contained in Section 2-301 (b) shall apply unless otherwise provided. 3. Any application for a building permit ("Building Permit") for Development Activity, as defined in Section 2-301 (b), within the corporate limits of the City shall be subject to the assessment of a Transportation Mitigation Impact Fee in the manner and amount set forth in this Section. No Building Permit shall be issued by the City until the applicant has paid the assessed Transportation Mitigation Impact Fee as calculated pursuant to this Section. 3 4. Notwithstanding payment of the Transportation Mitigation Impact Fees pursuant to this Section, other state and local regulations may limit the issuance of a Building Permit. 5. In the event Transportation Mitigation Impact Fees are paid prior to or concurrent with the issuance of a Building Permit and subsequently, the Building Permit is amended, the applicant shall pay the Transportation Mitigation Impact Fee in effect at the time the amended Building Permit is issued with credit being given for the previous fee paid. 6. In the case of change of use, redevelopment or expansion or modification of an existing use on site which requires issuance of a Building Permit, the Transportation Mitigation Impact Fee shall be based on the net increase in the Transportation Mitigation Impact Fee for the new use as compared with the use in effect on the effective date of this Section. 7. If a Building Permit is cancelled without development commencing, then the applicant who paid the Transportation Mitigation Impact Fee shall be entitled to a refund, without interest, of the Transportation Mitigation Impact Fee paid except that the City shall retain three percent (3%) of the fee to offset a portion of the costs of collection and refund. The applicant who paid the Transportation Mitigation Impact Fee shall submit an application for such a refund to the City Manager or his designee within thirty (30) days of the expiration of the order or permit, or thereafter be deemed to waive any right to a refund. 8. In the event the Circulator System is discontinued by action of the City Commission, or if the City fails to use or encumber any existing funds by the end of the calendar quarter immediately following ten (10) years from the effective date of this Section, upon application of the then current fee simple title holder, funds may be returned to such title holder, without interest, provided that the title holder submits an application for a refund to the City Manager or his designee within one hundred and eighty (180) days of the expiration of the ten (10) year period. However, this section shall not apply to Development of Regional Impact 4 or any development with phased or long term buildout. Any claim not so timely made shall be deemed waived. 9. Funds shall be deemed expended for the purposes of this Section when a contract, agreement or purchase order encumbering all or a portion of the payment of said funds shall be approved by final City action. (b) Impact Fee Computation Formula. 1. The applicant shall pay a Transportation Mitigation Impact Fee amount based on the formula set forth in the table below or as it may be amended by Ordinance of the City Commission. The fee shall be collected by the Community Development Department prior to issuance of a Building Permit for Development Activity. Such fee will be based on the cost required to serve the increased demand for use of the Circulator System resulting from the proposed new Development Activity. The formula to be used to calculate the Transportation Mitigation Impact Fee is established as follows for each property use: TRANSPORTATION MITIGATION FEE CHART CITY OF AVENTURA Land Use (Unit of Measure) Persons Cost per per Unit Unit of of Measure Measure Residential (per dwelling unit) 0.972 $1,320.70 Office (per 1,000 FT) 1.557 $2,115.94 Retail (per 1,000 FT) 2.203 $2,993.95 Industrial (per 1,000 FT) 1.324 $1,799.30 Institutional & Other (per 1,000 FT) 2.396 $3,255.14 2. The fee per Residential Dwelling Unit or fee per thousand nonresidential square feet shall be multiplied by the applicant's total number of dwelling units for residential property or total number of thousands of square feet for nonresidential 5 property. The total will then be multiplied by 1.03 for a general administrative charge of three (3%) percent. The resulting total is the Transportation Mitigation Impact Fee and administrative charge, which amount shall be paid by the applicant. 3. In the case of Development Activity involving a change of use or magnitude of use in which a Building Permit is required, the proposed development shall be required to pay a Transportation Mitigation Impact Fee only for the increase in use of the Circulator System resulting from new Development Activity. The Transportation Mitigation Impact Fee shall be the difference between the computed Transportation Mitigation Impact Fee for the proposed Development Activity and the computed Transportation Mitigation Impact Fee for the existing Development Activity. Any Building Permit which expires or is revoked after the effective date of this Section and for which a fee has not previously been paid under this Section shall be required to comply with the provisions herein. No refunds will be given for proposed development activity resulting in a negative fee calculation. 4. If the type of activity within a proposed or current development is not specified, the City Manager or his designee shall use the activity most nearly comparable that will result in payment of a fair and equitable Transportation Mitigation Impact Fee. 5. In determining existing Development Activity and the units or thousands of square feet of proposed or existing development, the Community Development Department shall use the Building Permit and the Certificate of Use information contained in the building or zoning records of Miami-Dade County or the City. (c) Impact Fee Exemptions. 1. Alteration, expansion or replacement of an existing building or residential dwelling unit where the use is not changed and the number of residential dwelling units or square footage is not increased shall not be subject to the Transportation Mitigation Impact Fee. 6 2. The burden of demonstrating the previous use or previous payment of a Transportation Mitigation Impact Fee shall be upon the applicant. In cases where there is an existing use, any additional fees shall be based upon the alteration to the existing use. 3. Government or public facilities used for governmental purposes are exempt from the Transportation Mitigation Impact Fee, including those parcels, grounds, buildings or structures owned by the federal government, State of Florida, Miami- Dade County, the City, the Miami-Dade County Public Schools or the South Florida Water Management District, including, but not limited to, governmental offices, police and fire stations, airports, seaports, parking facilities, equipment yards, sanitation facilities, water control structures, schools, parks and similar facilities in or through which general government operations are conducted. It is provided, however, that the following shall not be considered governmental or public facilities and shall be subject to the provision of this Section: (1) privately owned properties or facilities leased for governmental operations or activities and privately owned charter schools; (2) public properties or facilities used for private residential, commercial or industrial activities. 4. The construction of accessory buildings or structures is exempt where 1) the use is not changed, 2) any additional impact on the Circulator System is negligible; and 3) the number of residential dwelling units or square footage is not increased. 5. A building replacement meeting the requirements of the Florida Building Code, (where such replacement is necessitated by partial destruction) and meeting the requirements of the City's Land Development Regulations, is exempt. 6. Parking garages are exempt from the Transportation Mitigation Impact Fee when the structure is accessory to a primary use. 7. An exemption must be claimed by the applicant prior to paying the Transportation Mitigation Impact Fee. Any exemption not so claimed prior to payment shall be deemed to have been waived by the applicant. (d) Impact Fee Expenditures. 1. Expenditures from the Impact Fee shall include, but not be limited to: 7 a) All costs related to expansion of the Circulator System; b) All costs related to operation of the Circulator System; and c) All costs related to maintenance of the Circulator System. 2. The three (3%) percent general administrative cost portion of the Transportation Mitigation Impact Fee, as provided in herein, shall be deposited into the General Fund and shall be used to offset the costs of administering the Transportation Mitigation Impact Fee. (e) Establishment of Fund. Transportation Mitigation Impact Fees collected pursuant to this Section shall be accounted for in the Transportation and Street Maintenance Fund established by the City." Section 3. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Aventura Code of Ordinances; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word as needed. Section 4. Severability. That 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. Effective Date. That following adoption on second reading, this ordinance shall be effective from and after the date which is ninety (90) days after the publication of a notice that this ordinance has been adopted and providing the effective date of this ordinance, except that the provisions of this ordinance which require the 8 publication of said notice shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb 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 T eri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb 9 PASSED on first reading on this 8th day of January, 2008. PASSED AND ADOPTED on second reading this 5th day of February, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 10