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Home My WebLink AboutSubmittal - Richard Alayon - Motion to Defer• • • In Re: File ID #4856, Item #PZ.8 on Agenda for October 25, 2018 Meeting, Property Located at 4865, 4875, & 4885 NW 7 St., Miami, FL 1 Submitted into the public or it: - City Clerk record on U IN THE CITY COMMISSION IN AND FOR THE CITY OF MIAMI, FLORIDA FILE NO.: 4856, Item# PZ.8 on the Agenda for the Commission Meeting of October 25, 2018 MOTION TO DEFER For the reasons stated below, Blue Lagoon Condominium Association, Inc. ("Blue Lagoon"), by and through its undersigned counsel, is requesting that consideration of item PZ.8 on the agenda for the Commission meeting on October 25, 2018 (File ID #4856, hereinafter referred to as "the Item" or "the Rezoning Request") be deferred to a later meeting. THE BASIS FOR THE COMMISSION TO HEAR THIS ITEM, PZAB RESOLUTION #PZAB-R-18-049, IS THE SUBJECT OF A PENDING PETITION FOR WRIT OF CERTIORARI AT THE 11T11 JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA The Commission is hearing the Item due to the Planning Zoning and Appeals Board ("PZAB") passing resolution #PZAB-R-18-049, executed on September 26, 2018. This Resolution is the subject of a current petition for writ of certiorari in case #18-300-AP-01, currently pending in the Circuit Court in and for Miami -Dade County, Florida.' On October 17, 2018, the Court issued an Order to Show Cause, requiring the City of Miami to show cause why the Petition for Writ of Certiorari should not be granted.' On October 22, 2018, the City filed a Motion to Dismiss, taking the position that the issues raised in the Petition were not subject to a 'The docket for this case, as well as the Original and Arnended Petition for Writ of Certiorari, are attached to this motion as Exhibits "1", "2", and "3" respectively. 2 The Order to Show cause is attached to this motion as Exhibit "4". 135 San Lorenzo Avenue, Suite 820, Coral Gables, Florida 33146 Phone: (305) 221-2110 . Facsimile: (305) 221-5321 S5Lo —Sthn;-4,4,1 f2A`chAj Airudyl Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk File No. 4856; Commission Agenda Item PZ.8, October 25, 2018 Blue Lagoon Condominium Association's Motion to Defer Page 2 of 5 final determination and should be passed on by the City Commission.3 Blue Lagoon has until November 1, 2018 to file a response. As is demonstrated by the attached docket and pleadings, the Resolution of the PZAB by which the Commission is entertaining the Item is subject to an open appeals case challenging its validity. Further, the City's position articulated in its Motion to Dismiss has not been passed upon by the Court. Should the City's position not be adopted by the Court, the Resolution of the PZAB that forms the Commission's basis for considering the Item would be subject to modification and potentially re -hearing at the PZAB. Therefore, the Commission should defer the Item until the issues raised by the City in its Motion to Dismiss the Petition for Certiorari are resolved. ADDITIONAL LITIGATION IS PENDING CONCERNING THE CONTENTS OF THE APPLICANT'S PROFFERED PLAN, TIED TO THE REZONING REOUEST BY THE PROFFERED COVENANT Further, and importantly, there is currently litigation pending in the 11 tb Judicial Circuit in and for Miami -Dade County, Florida concerning the contents of the Applicants' proffered site plan, made a fundamental part of the Item by the proffered covenant (the "Linked Plan"). Specifically, the Linked Plan calls for the Applicant's property to access a public right of way (Northwest 7th Street) by using an existing road built on an easement owned by Blue Lagoon (the "Easement"). The relevant case numbers are 97-00975-CA-154 and 18-23952-CA-155. This litigation will determine whether the applicants have a legal right to interfere with Blue Lagoon's Easement by placing 1,200 units worth of traffic onto the road, as well as whether the Applicants 3 The City's Motion to Dismiss is attached to this Motion as Exhibit "5". a The docket for this case is attached to this motion as Exhibit "6", and the Motion to reopen case is attached as Exhibit "7". i The docket for this case is attached to this motion as Exhibit "8" and the petition for declaratory relief is attached as Exhibit "9" 135 San Lorenzo Avenue, Suite 820, Coral Gables, Florida 33146 Phone: (305) 221-2110 ' Facsimile: (305) 221-5321 Submitted into the public record for items) PZ.8 on 1O/25/18, City Clerk File No. 4856; Commission Agenda Item PZ 8, October 25, 2018 Blue Lagoon Condominium Association's Motion to Defer Page 3of5 can destroy the current stnictures on the Easement and erect replacement structures in their place. Blue Lagoon proffers that it is likely to win on these issues, as the final Agreed Final Judgment entered in the 1997 case prohibits the Applicants from interfering with Blue Lagoon's use of the Easement to access its property', and the Easement specifically prohibits the Applicants from placing any structures on the Easement and allows Blue Lagoon to remove structures placed on the Easement. Should the Commission approve the Item while this litigation is ongoing, it could unwittingly grant the Applicants Bert Harris rights such that, should the Applicants lose this litigation, they would have a claim against the City for significant damages. Further, the issues addressed in this litigation bear directly on the Linked Plan, which would need to be changed should the Applicants lose in court. As these all of these issues are outstanding at this time, the Commission should defer the item until each is resolved. THE PROPOSED PLAN IMPACTS THE DISTRICT CURRENTLY REPRESENTED BY MANOLO REYES, AND HE WILL LIKELY BE UNABLE TO BE PRESENT FOR THE FULL DISCUSSION OF THE ITEM AT THE OCTOBER 25, 2018 MEETING Additionally, Blue Lagoon understands that Commissioner Manolo Reyes must leave the Commission's October 25, 2018 meeting at 3 pm, one hour after the discussion of all Planning items on the agenda (one of which is the Item) is scheduled to begin. As the Item is slated as number eight on the agenda, it is highly unlikely that Commissioner Reyes will be present at the start of the discussion of the Item. Further, even if the Item is advanced on the agenda, the discussion of the Item is anticipated to be extremely lengthy and therefore Commissioner Reyes will not be present for the entirety of such discussion and will not be able to vote on the item. 6 A copy of the Agreed Final Judgment is attached to this motion as Exhibit "10". A copy of the Easement is attached to this motion as Exhibit "11". 135 San Lorenzo Avenue, Suite 820, Coral Gables, Florida 33146 Phone: (305) 221-2110 • Facsimile: (305) 221-5321 Submitted into the public record for items) PZ,B on 10/25/18, City Clerk File No. 4856; Commission Agenda Item PZ.8, October 25, 2018 Blue Lagoon Condominimn Association's Motion to Defer Page 4 of 5 The Linked Plan calls for an exit from the Applicants' property through a currently existing condominium and exiting on Northwest 47`h Avenue.8 Further, any traffic issues caused by the Linked Plan at the intersection of Northwest 7th Street and the Easement will potentially impact the intersection of Northwest 47'h Avenue. Northwest 47`h Avenue is an important thoroughfare that connects the residents of District 4, represented by Commissioner Reyes, to Northwest 7th Street, an east -west major traffic artery. Commissioner Reyes should be present while this item is being discussed and voted on so that the residents he represents have a voice on the Item and its impact on their lives. CONCLUSION For all the reasons discussed above, it would be premature and potentially prejudicial to the City, the Applicant, and Blue Lagoon for the Commission to pass on the Item at this time. Therefore, Blue Lagoon requests a deferral of item PZ.8 on the agenda for the Commission meeting on October 25, 2018 (File ID #4856). WHEREFORE, Blue Lagoon Condominium Association requests a deferral of item PZ.8 on the agenda for the Commission meeting on October 25, 2018 (File ID #4856). Dated October 24, 2018 Respectfully Submitted, By: Is/ Richard Alavon Richard A. Alayon, Esq. Florida Bar No.: 934290 Patrick A. Alayon, Esq. Florida Bar No.: 0111330 8 See Excerpts of Linked Plan attached as Exhibit I2. 135 San Lorenzo Avenue, Suite 820, Coral Gables, Florida 33146 Phone: (305) 221-2110 • Facsimile: (305) 221-5321 omitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk File No. 4856; Commission Agenda Item PZ.8, October 25, 2018 Blue Lagoon Condominium Association's Motion to Defer Page 5of5 ALAYON & ASSOCIATES, P.A. 135 San Lorenzo Avenue, Suite 820 Coral Gables, Florida 33146 Phone: (305) 221-2110 Fax: (305) 221-5321 Email: pleadinusraalavonlaw.com. ralavon(ratavonlaw.cotn ralavon(d alavonlaw.com Exhibits: 1) Docket for Case #18-300-AP-01, Pending Petition for Writ of Certiorari 2) Petition for Writ of Certiorari filed in Case #18-300-AP-01 3) Amended Petition for Writ of Certiorari filed in Case #18-300-AP-01 4) Order to Show Cause filed in Case #18-300-AP-01 5) City of Miami's Motion to Dismiss filed in case # 18-300-AP-01 6) Docket for Case #97-00975-CA-15, Previously filed case concerning Blue Lagoon's Easement 7) Motion to reopen case filed in Case #97-00975-CA-15 8) Docket for Case #18-23952-CA-15, Declaratory Judgment Action pending against Applicants 9) Complaint for Declaratory Relief filed in Case #18-23952-CA-15 10) Agreed Final Judgment entered in Case #97-00975-CA-15 11) Easement for Access dated August 18, 1986 and recorded at OR Book 12999, at page 326 of the Public Records of Miami -Dade County, Florida 12) Excerpt from the Linked Plan, pages A3.00 and L2.00 135 San Lorenzo Avenue, Suite 820, Coral Gables, Florida 33146 Phone: (305) 221-2110 • Facsimile: (305) 221-5321 I Di212D18 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Number Date 5 (`j 3 OCS Search Event Book/Page Docket Entry Type Comments 10/16/2018 Receipt: Event RECEIPT#:3200002 AMT PAID:$281.00 COMMENT: ALLOCATION CODE QUANTITY UNIT AMOUNT 3063-COUNTY APPEAL- AP/A 1 S281.00 $281.00 TENDER TYPE:AMERICAN EXPRESS TENDER AMT:$281.00 RECEIPT DATE:10/16/2018 REGISTER#:320 CASHIER:TANYA 10/16/2018 10/16/2018 Acknowledgement Event Letter Mailed to Parties Appendix Event FOR PETITION FOR WRIT OF CERTIORARI UNDER FLA.R.APP.P.9.100 2 1 0/16/2018 Record Assigned Event REVENIA S. 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Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk https:lhwr,J2.miarri-dadeclerkcom/ocs/Search.aspx 474 Submitted into the public record for item(s) PI.B on 1D5 18 City Clerk Exhibit THE OR1G1NAL FILED ON OCT 1 6 2018 IN THE OFFICE OF BLUE LAGOOI IRCUIT COURT MIAMI-DADE CO. CIVIL DIVISION CONDOMINIUM ASSOCIATION, INC., Petitioner, VS. PLANNING, ZONING AND APPEALS BOARD OF AND FOR THE CITY OF MIAMI, FLORIDA, Respondent 11 2II IN THE CIRCUIT COURT OF THE 1 1 th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION (APPEAL FROM PZAB, MIAMI, Hearing Date Sep. 10, 2018, Agenda Item PZAB.1) CASE NO. /6J Rule 9.I00 Petition for Writ of Certiorari 1 PETITION FOR WRIT OF CERTIORARI UNDER FLA.R.APP.P. 9.1OO Pursuant to F1a.R.App.P. 9.100, Petitioner, Blue Lagoon Condominium Association, Inc. ("Blue Lagoon" or "Petitioner") respectfully petitions this Court for a Writ of Certiorari to review the findings of fact, conclusions of law, and decisions made by the Planning, Zoning and Appeals Board of and for the City of Miami (hereinafter "PZAB"), while considering PZAB Resolution # PZAB-R-18- 049 (the "Resolution"), to 1) deny "intervenor status" to Blue Lagoon and 2) recommend approval of a zoning change for 7 at Blue Lagoon (the "Project") owned by Caroline Weiss ("Weiss") and her companies 7 at Blue Lagoon (1) LLC and 7 at Blue Lagoon (2) LLC (collectively, the "LLCs"), despite evidence that an easement upon which the site plan for the zoning change is based may not be the • Submitted into the public record for item(s) PZ.B on 10/25/18, City Clerk subject of interference by Weiss and the LLCs, and that the decision may violate portions of the City of Miami Zoning Code ("Miami 21 "). The Resolution that was passed by the PZAB can be found at Appendix Page 3.' Petitioner requests that this Court grant it the relief sought and as grounds therefore would show: At Appendix Page 17 is the easement ("Easement") and at Appendix Page 26 is a suit for declaratory relief as to the Easement and the Project filed with this Court's civil division. At Appendix Page 42 is an agreed order entered into by Weiss and the LLC's predecessors in interest preventing interference with the Easement. The Project will add 829 apartments and 410 hotel rooms that all will circulate traffic onto the Easement. See Page A1.00 of the Plans submitted by Weiss and the LLCs as part of their application to the PZAB to pass the Resolution, a copy of which can be found at Appendix Page 301 (the "Plans"). Petitioner has 611 apartments that already use the Easement and the extra traffic will unreasonably overburden the Easement with more traffic, as can be shown in Petitioner's traffic report found at Appendix Page 96 that the PZAB did not { Petitioner has been diligently attempting to obtain a certified copy of this Resolution, but the City has been unable to produce such certified copy. Undersigned counsel has made a detailed effort to obtain said certified copy, see email at Appendix Page 15. Petitioner has been advised that the City claims that it cannot produce a certified copy of the Resolution, and will petition the court for assistance in resolving this issue. 2 • Submitted into the public record for item(s) PZ.B on 10/25/18, City Clerk allow Petitioner to enter into evidence as an intervenor or use to cross-examine Weiss's traffic expert. The denial of intervenor status caused Petitioner irreparable harm, because it was not allowed to present evidence of the severe interference with Petitioner's use of the Easement that would be caused by the Project. Further, because petitioner was denied intervenor status, it was not allowed to cross-examine the fact witnesses offered by Weiss and the LLCs to support their position, and could not inquire as to the basis for the bald conclusions they offered to the PZAB. Such irreparable harm cannot be remedied without this appeal, as Weiss and the LLCs may later claim vested or Burt Harris rights or Petitioner may be prevented from presenting such evidence before the City Commission at further hearings on the rezoning. In fact, Petitioner has filed with the Clerk of the City of Miami a protective request for intervenor status and challenge to the PZAB recommendation for approval of Weiss's and the LLC's rezoning petition. See copy at Appendix Page 367. That elicited Weiss's and the LLC's fling of a response claiming Petitioner had already presented the same issues at the PZAB, which ruled upon and rejected Petitioner's arguments. See copy at Appendix Page 433. Essentially, thus, Weiss and the LLCs are arguing the PZAB decision 3 • Submitted into the public record for item(s) 1318 on 10/25/18, City Clerk was final. Should Weiss be correct in this assertion, Petitioner's only recourse is this instant petition for certiorari. BASIS FOR INVOKING JURISDICTION This Court has jurisdiction to issue a Writ of Certiorari in this case under Rule 9.090(b)(3) of the Florida Rules of Appellate Procedure, which states as follows: "Review of quasi-judicial decisions of any administrative body, agency, board, or commission not subject to the Administrative Procedure Act shall be commenced by filing a petition for certiorari in accordance with rules 9.100(b) and (c), unless judicial review by appeal is provided by general law." The PZAB was sitting in a quasi-judicial capacity when it made the findings of fact, conclusions of law, and decisions concerning the Resolution, which pertained to matters of rezoning. See also Bd. of County Com'rs ofBrevard County v. Snyder, 627 So. 2d 469, 474 (Fla. 1993)2 2 "[R]ezoning actions which have an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing, and where the decision can be functionally viewed as policy application, rather than policy setting, are in the nature of ... quasi-judicial action... .Therefore, the board's action on Snyder's application was in the nature of a quasi-judicial proceeding and properly reviewable by petition for certiorari." (citations and quotations omitted) 4 • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk STANDARD OF REVIEW The standard of review for a certiorari petition challenging a decision of a Iower quasi-judicial tribunal (i.e., here, the PZAB) is whether it afforded procedural and substantive due process to the Petitioner and applied the correct law to the facts. Brunsman v.Nat'l Rent -A -Fence Co., 612 So. 2d 719 (Fla. 5th DCA 1993). Further, the review of the PZAB's decision to grant or deny a rezoning request is subject to "strict scrutiny"; that is, strict compliance with the comprehensive plan. Snyder, 627 So.2d at 475 ("We also agree with the court below that the review is subject to strict scrutiny.... (The term `strict scrutiny' arises from the necessity of strict compliance with comprehensive plan.)")(citing Lee County v. Sunbelt Equities, II, Ltd. Partnership, 619 So.2d 996 (Fla. 2d DCA 1993)). SUMMARY OF THE FACTS Blue Lagoon, the Petitioner, is a condominium association governing 611 (six hundred and eleven) units that sits on the shores of the Blue Lagoon directly south of Miami International Airport, and does not abut a public road. See Property Appraiser printout at Appendix Page 446. The property upon which Blue Lagoon's condominium property sits is located immediately adjacent to the western boundary line of the property that is the subject of the Resolution; hence, 5 • • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk due to its lack of direct access to a public right of way, Blue Lagoon and its residents rely on the easement referred to above and found at Appendix Page 17) for access to Northwest 7th Street, such easement traversing and located upon the parcel of land where the Project is to be built. Blue Lagoon is composed of four buildings located at the following property addresses: 5099, 5091, 5085, and 5077 NW 7t11 St., Miami, FL 33126, and is identified by folio # 01-3131-032-0001 (hereinafter the "Blue Lagoon Parcel"), See Survey dated September 6, 2017 found at Appendix Page 439. The legal description of Blue Lagoon's property is as follows: PARCEL 1: Tracts A & B of BLUE LAGOON APARTMENTS, according to the plat thereof as recorded in Plat Book 153, Page 27, of the Public Records of Miami — Dade County, Florida. PARCEL 2: Non -Exclusive Easement for the benefit of Parcel 1, created by that certain Declaration of Easement recorded August 25, 1986 in Official Records Book 12999, Page 326, Public Records of Miami - Dade County, Florida, for ingress and egress, over and across the lands described in said instrument. See excerpt from Declaration of Condominium at Appendix Page 451 and the plat recorded at Plat Book 153 at Page 27 and found at Appendix Page 463. The location of the Project that is the subject of the Resolution is located at 4865, 4875, & 4885 NW 7 St., Miami, FL 33126, which is immediately adjacent 6 Submitted into the public record for item(s) PZ.8 an 10/25/18, City Clerk to Blue Lagoon's Property. See property overhead view found within the Planning Department Staff Analysis of the proposed Resolution, found at Appendix Page 364. Prior to Blue Lagoon coming into existence, Weiss' and the LLCs' predecessors in interest (the "Predecessors in Interest") owned the Blue Lagoon Parcel along with the parcel of land where the Project is located. Weiss, acting as principal for the Predecessors in Interest, mortgaged the Blue Lagoon Parcel to a bank. As part of this transaction, the mortgagee bank noted that the Blue Lagoon Parcel did not have any access to a public right of way, and as part of the mortgage required Weiss and the Predecessors in Interest to grant an easement for access to the mortgaged parcel, which Weiss did by executing the Easement. Weiss and the Predecessors in Interest subsequently defaulted on the mortgage, and Blue Lagoon Parcel was foreclosed upon by the mortgagee bank. Subsequent to the foreclosure, the land was acquired by a partnership named Blue Lagoon Airport Club Apartrnents, which began developing the buildings that currently sit on the Blue Lagoon Parcel. As construction of these buildings commenced, a dispute arose between Blue Lagoon Airport Club Apartments and the Predecessors in Interest, again with Weiss as their principal, concerning the validity and rights granted to Blue Lagoon Airport Club 7 • • • • • • Submitted into the public record for item(s) P2.8 on 10/25f18, City Clerk Apartments under the Easement. A case was filed by Blue Lagoon Airport Club Apartments in the 11 `" Circuit Court in and for Miami -Dade County, Florida, under case # 97-00975-CA-15. This case resulted in an Agreed Final Order entered between Blue Lagoon Airport Club Apartments and Weiss as well as the Predecessors in Interest in which the following language was contained: "Caroline Weiss, [and the Predecessors in Interest], or any other successor, subsidiary, or affiliated party and their agents and employees are hereby enjoined and prohibited from interfering with [Blue Lagoon Airport Club Apartments'] right of ingress and egress to and from the [Blue Lagoon Parcel]." A copy of this Agreed Final Order is attached at Appendix Page 42. Now, Weiss and the LLCs seek an end -around reversal of this Agreed final Order by advocating for the passage of the Resolution and seek to obtain the rights they and the Predecessors in Interest voluntarily relinquished in the Agreed Final Order. Therefore, Blue Lagoon opposed the Resolution before the PZAB, and the improper actions taken by the PZAB, such actions which denied Blue Lagoon an effective means to properly oppose the Resolution, are the subject of this Petition. Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk THE NATURE OF THE RELIEF SOUGHT Petitioner seeks a determination from this Court that the PZAB departed from the essential requirements of law and/or denied Blue Lagoon Substantive and Procedural Due Process by taking the following actions: 1) Passing a Motion Denying Blue Lagoon Party Status (also known as "Qualified Intervenor Status"), which Blue Lagoon was entitled to under the clear language of Miami 21 Article 7 subsections 7.1.4.3 (d) and (g), and the passage of which prevented Blue Lagoon from presenting evidence and cross-examining witnesses presented byWeiss and the LLCs. 2) Passing a Motion Approving PZAB Resolution #PZAB-R-18-049 (previously referred to as PZAB Resolution #2678) without making the legally required factual determinations under Miami 21 Article 7.1.2.8(f), which requires the PZAB to study a rezoning request to determine "whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code." 9 • • • Submitted into the public record for item(s) PZ.8 on 10/25J18, City Clerk Further, Petitioner seeks an order of this Court vacating the PZAB's decision on the above -cited motions and remanding this cause to the PZAB for further proceedings consistent with the Court's decision. PETITIONER IS A PARADIGM OF QUALIFIED INTERVENOR STATUS Pursuant to Miami 21 Article 7 subsections 7.1.4.3 (d), a "Qualified Intervenor" (also referred to as a "Party", as such term is included in the definition of the term in Miami 21 Article 7 subsections 7.1.4.3 (g)) is "a person whose interests in the proceeding are adversely affected in a manner greater than those of the general public." As is clear from the record, Blue Lagoon is located on the Blue Lagoon Parcel, which has no access to a public right of way except for the Easement, which passes through and sits entirely upon the parcel that is the subject of the Resolution. Further, as is evident from the Plans submitted by Weiss and the LLCs as part of their application to the PZAB to pass the Resolution, the Project intends to modify the land upon which the Easement sits. Indeed, the Plans contemplate using the full expanse of the easement for access to seven yet -to -be -constructed buildings. Putting aside for the moment the factual inquiry as to whether several thousand new cars being placed on the Easement will result in standstill traffic; using common sense, there is no question that, as a result of the passing of the Resolution, Blue Lagoon and the I0 • Submitted into the public record for item(s) PZ.8 on 1O/25/18, City Clerk residents it represents will contend with more cars between the Blue Lagoon Parcel and Northwest 7`h Street, as more cars will be using its Easement. No other person or entity can claim the same harm: Blue Lagoon is the only party making use of the easement. Therefore, Blue Lagoon's "interests in the proceeding [here, the PZAB's determination of whether to pass the Resolution and allow more cars onto the Easement] are adversely affected in a manner greater than those of the general public." THE PZAB IMPROPERLY REQUIRED BLUE LAGOON TO PROVE ITS CASE -IN -CHIEF PRIOR TO GRANTING QUALIFIED INTERVENOR STATUS ANI) THE RIGHTS SUCH STATUS BRINGS, INCLUDING PUTTING ON ARGUMENT, EVIDENCE, AND TO CROSS-EXAMINING WITNESSES Pursuant to the above -cited law, Blue Lagoon petitioned the PZAB to grant it Qualified Intervenor Status (also referred to as "Party Status"). The PZAB, instead of properly applying the above -cited standard, which only requires the proposed intervenor be "adversely affected in a manner greater than those of the general public," required Blue Lagoon to prove its entire case in chief that the Resolution did not meet the requirements of Miami 21 Article 7.1.2.8(f), which requires the PZAB to study a rezoning request to determine "whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code." The PZAB required this higher 11 • Submitted into the public record for item(s) PZ.8 on 1D 25 18 City Clerk level of proof despite the fact that Blue Lagoon was prevented from presenting evidence and argument concerning Miami 21 Article 7.1.2.8(f) until it was granted Qualified Intervenor Status. In fact, Miami 21 Article 7.1.4.5 (b) makes clear that "[a] qualified Intervenor may make a presentation, conduct cross- examination and make final arguments in the order as decided by the chair." Without obtaining Qualified Intervenor Status, Blue Lagoon could do none of these things. In fact, after considering the issue for the better part of ninety minutes, the PZAB almost immediately determined that it would deny Blue Lagoon Qualified Intervenor Status once it was informed that such status would allow Blue Lagoon to put on evidence and cross-examine witnesses. See Meeting Minutes at page 14 (Appendix Page 477), 7:42, a full copy of such minutes found at Appendix Page 464. When considering whether to grant or deny Blue Lagoon Qualified Intervenor Status on this item, the PZAB failed to properly apply the law as articulated in Miami 21 Article 7 subsection 7.1.4.3 (d). Specifically, the PZAB based its decision to deny Party Status to Blue Lagoon on its improper assumption that Blue Lagoon had to prove its position on the Resolution in its entirety (i.e., that the Resolution would not further the goals of Miami 21 and the Comprehensive Plan) in order to prove that Blue Lagoon could be adversely 12 • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk affected by the Resolution. Further compounding its error, the PZAB required Blue Lagoon to meet this burden of proof while also prohibiting Blue Lagoon from putting on any evidence showing how it would be adversely affected by the Resolution, and failed to allow Blue Lagoon the opportunity to challenge the evidence put forth by Weiss and the LLCs concerning how Blue Lagoon would be adversely affected. See Meeting Minutes at page 15 (Appendix Page 478), 7:51.3 Two important ways that the PZAB's failure to apply the correct law denied Blue Lagoon procedural due process was that 1) Blue Lagoon was prevented from calling its own traffic engineer to show how it was adversely affected by the Resolution, and 2) Blue Lagoon was not allowed to cross- examine Weiss' expert traffic engineer, who provided the only record evidence supporting Weiss' and the LLCs' assertion that Blue Lagoon would not be adversely affected by the Project and the increase in cars on its easement. See Meeting Minutes at page 16 (Appendix Page 479), 7:54.4 3 Counsel for Blue Lagoon: "we are essentially being denied the right to present evidence of the very thing that we are told we don't have, which is the effect on us of the use of this property and the approval of the site plan. We are not able to prove our intervenor status because we were not able to [p]resent evidence. 4 Counsel for Blue Lagoon: "If the board does not allow us to present live testimony from our experts, the board cannot consider our experts report. The board cannot consider our report, you cannot have a proper foundation for intervenor status. We were denied it. We were denied due process." 13 • • • • • • Submitted into the public record for items) PZ.S on I142S 18 City Clerk The PZAB should have pursued the legally correct line of inquiry concerning whether Blue Lagoon was entitled to Qualified Intervenor Status, which would have required it to determine whether Blue Lagoon was 1) at all adversely affected, regardless of the magnitude of that affect, and only then 2) whether the magnitude of such adverse effect was greater on Blue Lagoon and its residents than on the general public. Had the PZAB performed this inquiry, it would have had the opportunity to make the proper factual findings that 1) any increase in vehicular traffic on the Easement adversely impacts Blue Lagoon and its residents, because it places more vehicles on the Easement which impedes Blue Lagoon residents' only access to a public right of way, Northwest 7th Street, and 2) as the Easement is the only way for Blue Lagoon and its residents to exit the Blue Lagoon Parcel and the Easement is currently utilized only by the residents of Blue Lagoon, the increase in vehicular traffic on the Easement would have more impact on those residents than the general public, which does not use the Easement. By instead improperly requiring Blue Lagoon to prove its entire case--in-chief prior to being granted Intervenor Status and the ability to put on argument and evidence, and prior to being able to cross-examine adverse witnesses, the PZAB failed to apply the correct law to the facts and denied Blue Lagoon Procedural Due Process while attempting to oppose the Resolution. 14 Submitted into the public record for item(s) PZ.B on 10/25/18, City Clerk BLUE LAGOON WAS DENIED PROCEDURAL DUE PROCESS WHEN THE PZAB REFUSED TO ALLOW IT TO PRESENT EVIDENCE IN OPPOSITION OF THE RESOLUTION AT THE SEPTEMBER 10, 2018 HEARING, AND THE PZAB FAILED TO PERFORM THE PROPER INQUIRY REQUIRED BY MIAMI 21 TO APPROVE THIS REZONING REQUEST As discussed above, Blue Lagoon was improperly denied the opportunity to obtain Party Status and additionally was improperly denied Party Status at the September 10, 2018 hearing on the Resolution. By denying Blue Lagoon Party Status, the PZAB also denied Blue Lagoon the opportunity to present evidence into the record of the hearing that would show that the Resolution being examined was contrary to goals, objectives, and policies of the Comprehensive Plan and Miami 21. Instead, the PZAB allowed Blue Lagoon an extended time to speak against the Resolution. Such offer did not cure the PZAB's denial of Procedural Due Process to Blue Lagoon because, as made clear in the minutes, the PZAB's intent in only providing Blue Lagoon with extra time to speak was to deny Blue Lagoon the opportunity to both present evidence and cross-examine the Applicant's witnesses, including the Applicant's traffic expert. See Meeting Minutes at page 14 (Appendix Page 477), 7:42. Had Blue Lagoon been given the rights it was entitled to as a result of its Party Status, Blue Lagoon would have been able to cross-examine the Applicant's traffic expert to show that his conclusions had no factual support, and would have been able to offer the 15 • • • • • Submitted into the public record for item(s) PZ.8 on WIWI, City Clerk testimony of its own traffic engineer that was supported by a multi -page report and data appendix. The issue of increased traffic due to the rezoning proposed in the Resolution is important because this issue impacts the goals, objectives, and policies of the Comprehensive Plan. As part of the required line of inquiry for rezoning requests laid out in Miami 21 Article 7.1.2.8(f), the PZAB must study the rezoning request before it to determine "whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code."5 The Comprehensive Plan contains a section entitled "Transportation", which requires a certain level of service be maintained on all roads in the City. Specifically, Policy TR-1.1.2 contains a number of service requirements for roads with different characteristics, and Objective TR-1.3 requires the transportation system of the City to minimize the potential for collisions of cars on the road. An inquiry by the PZAB of the Resolution's effect on traffic on NW 7th Street and the surrounding area is not only relevant but required by Miami 21. The PZAB precluded Blue 5 A more detailed analysis of these issues is contained in Blue Lagoon's Letter entitled "Summary of Position in Opposition", which was given to the PZAB at the September 10, 2018 hearing. A copy of this letter, including exhibits, is found at Appendix Page 492 (note that this letter was originally meant to be presented at the July 18, 2018 hearing of the PZAB, but the Resolution was deferred at that hearing until September 10, 2018; hence, the date at the top of the letter), and the arguments contained within it are adopted and made a part of this Petition. 16 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Lagoon from introducing its traffic report and testimony of its traffic engineer into evidence. See Meeting Minutes at page 15 (Appendix Page 478), 7:50, 7:51.6 This evidence would have shown that the Plan that was part of the Resolution will result in levels of service on Northwest 7th Avenue that would be inconsistent with the above -described goals, policies, and objectives.' By failing to allow Blue Lagoon to present evidence and cross-examine the applicant's witnesses on this traffic issue, Blue Lagoon was denied the opportunity to make the necessary showing that the Resolution was contrary to the goals, objectives and policies of the comprehensive plan. Further, when the PZAB accepted the conclusions proffered by the traffic engineer for Weiss and the LLCs without performing any review of his report, and 6 Counsel for Blue Lagoon: "To be clear, the presentation will include testimony from the traffic engineer. I need that on the record. That I am being precluded from introducing evidence." The Chair: "May we allow that? [Tjo give extra testimony? If he does not have intervenor status?" City Attorney: "No. for public comment, there is no expert testimony. It is just the presentation." The Chair: "I am going to give you a lot of latitude, but I can't allow that." Counsel for Blue Lagoon: "At the moment, that easement exits onto northwest seventh street. It has its own dedicated light. The light takes some time to work. What is going to happen when the people are corning into the easement from seventh street onto 48th avenue from the north, '[I]'m sorry, from the east? And the others are turning in from the west. A traffic dilemma. We have proof of that in the form of the report. In the form of the expert engineers. Our project will be affected." 17 • • • • • • Submitted into the public record for item(s) PZ.S on 10/25/1 CCity Clerk ignored Blue Lagoon's attempt to enter into evidence its own traffic engineer's report to rebut this report, it failed its legal duty under Miami 21 Article 7.1.2.8(0, to study the rezoning request before it to determine "whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code." Finally, if the PZAB had performed the analysis it was required to perfonn pursuant to Miami 21 Article 7.1.2.8(f), and had taken evidence from Blue Lagoon's traffic engineer concerning the effect of the Resolution on traffic on Northwest 7`h St., it would likely have reached (or at least had the opportunity to reach) the conclusion that the proposed rezoning would severely negatively impact such traffic and would not further the goals, objectives, and policies of the Comprehensive Plan. CONCLUSION . In Conclusion, the PZAB applied the incorrect law to the facts and denied Blue Lagoon Due Process by 1) failing to apply the proper standard for granting Qualified Intervenor Status; 2) failing to grant Qualified Intervenor Status to Blue Lagoon; and 3) failing to perfonn the proper analysis of the Resolution required under Miami 21 Article 7.1.2.8(f). Therefore, for the reasons stated above, the decision of the PZAB to pass the Resolution should be set aside and the proceedings sent back to the PZAB with instructions to properly consider and apply the required criteria for granting Qualified Intervenor Status and 18 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk considering the rezoning request in the Resolution. Further, the Court should instruct the PZAB to allow Blue Lagoon the procedural rights to put forward evidence and argument opposing the Resolution and to proffer and cross-examine witnesses. WHEREFORE, petitioner asks that this court to grant its petition for a writ of certiorari and grant any and all additional relief it deems just and proper. Dated: October 15, 2018 Respectfully Submitted, By: /s/Richard Alayon Richard A. Alayon, Esq. Florida Bar No.: 934290 Patrick A. Alayon, Esq. Florida Bar No.: 0111330 ALAYON & ASSOCIATES, P.A. 135 San Lorenzo Avenue, Suite 820 Coral Gables, Florida 33146 Phone: (305) 221-2110 Fax: (305) 221-5321 Email: pleadings@alavonlaw.com alaycrnlaw.conn ra layon Cc aIa you 1 aw . c om Cer.1-C\1(121-e of S rvice .ere i tef-1-;fq f�aT ' rd,e efir0 Corr&+ coo( o1 -F11'1 Pell:1 7) /) (-eve -10(It (; MIA a(Lo pite+ r0, + ')( V/ 5 ' (Y VC( OV 4) riat � i ►+ 10 O � e r!5 L(el c-r Aid - . C'% v 11 CY' 5 5erver OC,o e(d e }drfl! Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk CERTIFICATE OF COMPLIANCE I hereby certify that this brief was prepared in Times New Roman, 14-point font, in compliance with Rule 9.100(1) of the Florida Rules of Appellate Procedure. By: /s/ Richard Alayont Richard. A. Alayon, Esq. • Submitted into the public record for itern(s) P2 on 1U 15 1$ City Clerk Exhibit "3 " BLUE LAGOON CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, Petitioner, vs. THE CITY OF MIAMI, FLORIDA, a Florida municipal corporation, acting by and through the Planning, Zoning, and Appeals Board; 7 AT BLUE LAGOON (1) LLC, a Florida LLC; 7 AT BLUE LAGOON (2) LLC, a Florida LLC, AND Caroline Weiss, an Individual Respondents IN THE CIRCUIT COURT OF THE 1 lth 3UDICIAL CIRCUIT IN AND FOR MIAMi-DARE COUNTY, FLORIDA APPELLATE DIVISION LOWER TRIBUNAL: City of Miami Planning, Zoning, and Appeals Board Resolution # PZAB-R-18-049 CASE NO. 18-300-AP Rule 9.100 Petition for Writ of Certiorari Govc ,.1 0006 AMENDED PETITION' FOR WRIT OF CERTIORARI UNDER FLA.R.APP.P. 9.100 Pursuant to F1a.R.App_P. 9.100, Petitioner, Blue Lagoon Condominium Association, Inc. ("Blue Lagoon" or "Petitioner") respectfully petitions this Court for a Writ of Certiorari to review the findings of fact, conclusions of law, and ' This Amended Petition corrects for several clerical and formatting errors with the caption, footnotes, and certificate of service, corrects references to the City of Miami in the body of the petition, and adds additional parties to the caption as appellees that were inadvertently not named in the caption of the initial Petition; otherwise, aside from this additional footnote, no other changes were made. 1 • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • decisions made by the City of Miami acting by and through the Planning, Zoning and Appeals Board (hereinafter "PZAB"), while considering PZAB Resolution # PZAB-R-18-449 (the "Resolution"), to 1) deny "intervenor status" to Blue Lagoon and 2) recommend approval of a zoning change for 7 at Blue Lagoon (the "Project") owned by Caroline Weiss ("Weiss") and her companies 7 at Blue Lagoon (1) LLC and 7 at Blue Lagoon (2) LLC (collectively, the "LLCs"), despite evidence that an easement upon which the site plan for the zoning change is based may not be the subject of interference by Weiss and the LLCs, and that the decision may violate portions of the City of Miami Zoning Code ("Miami 21"). The Resolution that was passed by the PZAB can be found at Appendix Page 3.2 Petitioner requests that this Court grant it the relief sought and as grounds therefore would show: At Appendix Page 17 is the easement ("Easement") and at Appendix Page 26 is a suit for declaratory relief as to the Easement and the Project filed with this Court's civil division. At Appendix Page 42 is an agreed order entered into by 2 Petitioner has been diligently attempting to obtain a certified copy of this Resolution, but the City has been unable to produce such certified copy. Undersigned counsel has made a detailed effort to obtain said certified copy, see email at Appendix Page 15. Petitioner has been advised that the City claims that it cannot produce a certified copy of the Resolution, and will petition the court for assistance in resolving this issue. 2 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Weiss and the LLC's predecessors in interest preventing interference with the Easement. The Project will add 829 apartments and 410 hotel rooms that all will circulate traffic onto the Easement. See Page A1.00 of the Plans submitted by Weiss and the LLCs as part of their application to the PZAB to pass the Resolution, a copy of which can be found at Appendix Page 301 (the "Plans"). Petitioner has 611 apartments that already use the Easement and the extra traffic will unreasonably overburden the Easement with more traffic, as can be shown in Petitioner's traffic report found at Appendix Page 96 that the PZAB did not allow Petitioner to enter into evidence as an intervenor or use to cross-examine Weiss's traffic expert. The denial of intervenor status caused Petitioner irreparable harm, because it was not allowed to present evidence of the severe interference with Petitioner's use of the Easement that would be caused by the Project. Further, because petitioner was denied intervenor status, it was not allowed to cross-examine the fact witnesses offered by Weiss and the LLCs to support their position, and could not inquire as to the basis for the bald conclusions they offered to the PZAB. Such irreparable harm cannot be remedied without this appeal, as Weiss and the LLCs may later claim vested or Burt Harris rights or Petitioner may be prevented 3 • Submitted into the public record for item(s) PZ.8 on 1O/2S/18, City Clerk • from presenting such evidence before the City Commission at further hearings on the rezoning. In fact, Petitioner has filed with the Clerk of the City of Miami a protective request for intervenor status and challenge to the PZAB recommendation for approval of Weiss's and the LLC's rezoning petition. See copy at Appendix Page 367. That elicited Weiss's and the LLC's filing of a response claiming Petitioner had already presented the same issues at the PZAB, which ruled upon and rejected Petitioner's arguments. See copy at Appendix Page 433. Essentially, thus, Weiss and the LLCs are arguing the PZAB decision was final, Should Weiss be correct in this assertion, Petitioner's only recourse is this instant petition for certiorari. BASIS FOR INVOKING JURISDICTION This Court has jurisdiction to issue a Writ of Certiorari in this case under Rule 9.090(b)(3) of the Florida Rules of Appellate Procedure, which states as follows: "Review of quasi-judicial decisions of any administrative body, agency, board, or commission not subject to the Administrative Procedure Act shall be commenced by filing a petition for certiorari in accordance with rules 9.100(b) and (c), unless judicial review by appeal is provided by general law_" The PZAB was sitting in a quasi-judicial capacity when it made the findings of fact, conclusions of law, and decisions concerning the Resolution, which pertained to 4 Submitted into the public record for item(s) PZ.8 on 1O/25/18, City Clerk matters of rezoning. See also Bd. of County Com'rs of Brevard County v. Snyder, 627 So. 2d 469, 474 (Fla. 1993)3 STANDARD OF REVIEW The standard of review for a certiorari petition challenging a decision of a lower quasi-judicial tribunal (i.e., here, the PZAB) is whether it afforded procedural and substantive due process to the Petitioner and applied the correct law to the facts. Brunsman v.Nat'l Rent -A -Fence Co., 612 So. 2d 719 (Fla. 5th DCA 1993). Further, the review of the PZAB's decision to grant or deny a rezoning request is subject to "strict scrutiny"; that is, strict compliance with the comprehensive plan. Snyder, 627 So.2d at 475 ("We also agree with the court below that the review is subject to strict scrutiny. ... (The term `strict scrutiny' arises from the necessity of strict compliance with comprehensive plan.)")(citing Lee County v. Sunbelt Equities, 11, Ltd. Partnership, 619 So.2d 996 (Fla. 2d DCA 1993)). "[Rjezoning actions which have an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing, and where the decision can be functionally viewed as policy application, rather than policy setting, are in the nature of ... quasi-judicial action....Therefore, the board's action on Snyder's application was in the nature of a quasi-judicial proceeding and properly reviewable by petition for certiorari." (citations and quotations omitted) 5 • • • • Submitted into the public record for item(s) P2.8 on 10/25/18, City Clerk SUMMARY OF THE FACTS Blue Lagoon, the Petitioner, is a condominium association governing 611 (six hundred and eleven) units that sits on the shores of the Blue Lagoon directly south of Miami International Airport, and does not abut a public road. See Property Appraiser printout at Appendix Page 446. The property upon which Blue Lagoon's condominium property sits is located immediately adjacent to the western boundary line of the property that is the subject of the Resolution; hence, due to its lack of direct access to a public right of way, Blue Lagoon and its residents rely on the easement referred to above and found at Appendix Page 17) for access to Northwest 7th Street, such easement traversing and located upon the parcel of land where the Project is to be built. Blue Lagoon is composed of four buildings located at the following property addresses: 5099, 5091, 5085, and 5077 NW 7th St., Miami, FL 33126, and is identified by folio # 01-3131-032-0001 (hereinafter the "Blue Lagoon Parcel"). See Survey dated September 6, 2017 found at Appendix Page 439. The legal description of Blue Lagoon's property is as follows: PARCEL 1: Tracts A & B of BLUE LAGOON APARTMENTS, according to the plat thereof as recorded in Plat Book 153, Page 27, of the Public Records of Miami — Dade County, Florida. 6 Submitted into the public record for item(s) PZ.B on 10125/1.8, City Clerk PARCEL 2: Non -Exclusive Easement for the benefit of Parcel 1, created by that certain Declaration of Easement recorded August 25, 1986 in Official Records Book 12999, Page 326, Public Records of Miami - Dade County, Florida, for ingress and egress, over and across the lands described in said instrument. See excerpt from Declaration of Condominium at Appendix Page 451 and the plat recorded at Plat Book 153 at Page 27 and found at Appendix Page 463. The location of the Project that is the subject of the Resolution is located at 4865, 4875, & 4885 NW 7 St., Miami, FL 33126, which is immediately adjacent to Blue Lagoon's Property. See property overhead view found within the Planning Department Staff Analysis of the proposed Resolution, found at Appendix Page 364. Prior to Blue Lagoon coming into existence, Weiss' and the LLCs' predecessors in interest (the "Predecessors in Interest") owned the Blue Lagoon Parcel along with the parcel of land where the Project is located. Weiss, acting as principal for the Predecessors in Interest, mortgaged the Blue Lagoon Parcel to a bank. As part of this transaction, the mortgagee bank noted that the Blue Lagoon Parcel did not have any access to a public right of way, and as part of the mortgage required Weiss and the Predecessors in Interest to grant an easement for access to the mortgaged parcel, which Weiss did by executing the Easement. 7 • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • Weiss and the Predecessors in Interest subsequently defaulted on the mortgage, and Blue Lagoon Parcel was foreclosed upon by the mortgagee bank. Subsequent to the foreclosure, the land was acquired by a partnership named Blue Lagoon Airport Club Apartments, which began developing the buildings that currently sit on the Blue Lagoon Parcel. As construction of these buildings commenced, a dispute arose between Blue Lagoon Airport Club Apartments and the Predecessors in Interest, again with Weiss as their principal, concerning the validity and rights granted to Blue Lagoon Airport Club Apartments under the Easement. A case was filed by Blue Lagoon Airport Club Apartments in the 1 Circuit Court in and for Miami -Dade County, Florida, under case # 97-00975-CA-15. This case resulted in an Agreed Final Order entered between Blue Lagoon Airport Club Apartments and Weiss as well as the Predecessors in Interest in which the following language was contained: "Caroline Weiss, [and the 'Predecessors in Interest], or any other successor, subsidiary, or affiliated party and their agents and employees are hereby enjoined and prohibited from interfering with [Blue Lagoon Airport Club Apartments'] right of ingress and egress to and from the [Blue Lagoon Parcel]." A copy of this Agreed Final Order is attached at Appendix Page 42. 8 Submitted into the public record for item(s) PZ.B on 10/25/18, City Clerk Now, Weiss and the LLCs seek an end -around reversal of this Agreed final Order by advocating for the passage of the Resolution and seek to obtain the rights they and the Predecessors in Interest voluntarily relinquished in the Agreed Final Order. Therefore, Blue Lagoon opposed the Resolution before the PZAB, and the improper actions taken by the PZAB, such actions which denied Blue Lagoon an effective means to properly oppose the Resolution, are the subject of this Petition. THE NATURE OF THE RELIEF SOUGHT Petitioner seeks a determination from this Court that the PZAB departed from the essential requirements of law and/or denied Blue Lagoon Substantive and Procedural Due Process by taking the following actions: 1) Passing a Motion Denying Blue Lagoon Party Status (also known as "Qualified. Intervenor Status"), which Blue Lagoon was entitled to under the clear language of Miami 21 Article 7 subsections 7.1.4.3 (d) and (g), and the passage of which prevented Blue Lagoon from presenting evidence and cross-examining witnesses presented by Weiss and the LLCs. 2) Passing a Motion Approving PZAB Resolution #PZAB-R-18-049 (previously referred to as PZAB Resolution #2678) without making the legally required factual determinations under Miami 21 Article 9 • Submitted into the public record for item(s) PZ.8 on 10125/18, City Clerk • • 7.1.2.8(f), which requires the PZAB to study a rezoning request to determine "whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code." Further, Petitioner seeks an order of this Court vacating the PZAB's decision on the above -cited motions and remanding this cause to the PZAB for further proceedings consistent with the Court's decision. PETITIONER IS A PARADIGM OF QUALIFIED INTERVENOR STATUS Pursuant to Miami 21 Article 7 subsections 7.1.4.3 (d), a "Qualified Intervenor" (also referred to as a "Party", as such term is included in the definition of the terra in Miami 21 Article 7 subsections 7.1.4.3 (g)) is "a person whose interests in the proceeding are adversely affected in a manner greater than those of the general public." As is clear from the record, Blue Lagoon is located on the Blue Lagoon Parcel, which has no access to a public right of way except for the Easement, which passes through and sits entirely upon the parcel that is the subject of the Resolution. Further, as is evident from the Plans submitted by Weiss and the LLCs as part of their application to the PZAB to pass the Resolution, the Project intends to modify the land upon which the Easement sits. Indeed, the Plans contemplate using the full expanse of the easement for access 10 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk to seven yet -to -be -constructed buildings. Putting aside for the moment the factual inquiry as to whether several thousand new cars being placed on the Easement will result in standstill traffic; using common sense, there is no question that, as a result of the passing of the Resolution, Blue Lagoon and the residents it represents will contend with more cars between the Blue Lagoon Parcel and Northwest 7ch Street, as more cars will be using its Easement. No other person or entity can claim the same harm: Blue Lagoon is the only party making use of the easement. Therefore, Blue Lagoon's "interests in the proceeding [here, the PZAB's determination of whether to pass the Resolution and allow more cars onto the Easement] are adversely affected in a manner greater than those of the general public." THE PZAB IMPROPERLY REQUIRED BLUE LAGOON TO PROVE ITS CASE -IN -CHIEF PRIOR TO GRANTING QUALIFIED INTERVENOR STATUS AND THE RIGHTS SUCH STATUS BRINGS, INCLUDING PUTTING ON ARGUMENT, EVIDENCE, AND TO CROSS-EXAMINING WITNESSES Pursuant to the above -cited law, Blue Lagoon petitioned the PZAB to grant it Qualified Intervenor Status (also referred to as "Party Status"). The PZAB, instead of properly applying the above -cited standard, which only requires the proposed intervenor be "adversely affected in a manner greater than those of the general public," required Blue Lagoon to prove its entire case in 1l • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • chief that the Resolution did not meet the requirements of Miami 21 Article 7.1.2.8(f), which requires the PZAB to study a rezoning request to determine "whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code." The PZAB required this higher level of proof despite the fact that Blue Lagoon was prevented from presenting evidence and argument concerning Miami 21 Article 7.1.2.8(f) until it was granted Qualified Intervenor Status. In fact, Miami 21 Article 7.1.4.5 (b) makes clear that '`[a] qualified Intervenor may make a presentation, conduct cross- examination and make final arguments in the order as decided by the chair." Without obtaining Qualified Intervenor Status, Blue Lagoon could do none of these things. In fact, after considering the issue for the better part of ninety minutes, the PZAB almost immediately determined that it would deny Blue Lagoon Qualified Intervenor Status once it was informed that such status would allow Blue Lagoon to put on evidence and cross-examine witnesses. See Meeting Minutes at page 14 (Appendix Page 477), 7:42, a full copy of such minutes found at Appendix Page 464. When considering whether to grant or deny Blue Lagoon Qualified Intervenor Status on this item, the PZAB failed to properly apply the law as articulated in Miami 21 Article 7 subsection 7.1.4.3 (d). Specifically, the PZAB 12 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk based its decision to deny Party Status to Blue Lagoon on its improper assumption that Blue Lagoon had to prove its position on the Resolution in its entirety (i.e., that the Resolution would not further the goals of Miami 21 and the Comprehensive Plan) in order to prove that Blue Lagoon could be adversely affected by the Resolution. Further compounding its error, the PZAB required Blue Lagoon to meet this burden of proof while also prohibiting Blue Lagoon from putting on any evidence showing how it would be adversely affected by the Resolution, and failed to allow Blue Lagoon the opportunity to challenge the evidence put forth by Weiss and the LLCs concerning how Blue Lagoon would be adversely affected. See Meeting Minutes at page 15 (Appendix Page 478), 7:51.4 Two important ways that the PZAB's failure to apply the correct law denied Blue Lagoon procedural due process was that 1) Blue Lagoon was prevented from calling its own traffic engineer to show how it was adversely affected by the Resolution, and 2) Blue Lagoon was not allowed to cross- examine Weiss' expert traffic engineer, who provided the only record evidence supporting Weiss' and the LLCs' assertion that Blue Lagoon would not be 4 Counsel for Blue Lagoon: we are essentially being denied the right to present evidence of the very thing that we are told we don't have, which is the effect on us of the use of this property and the approval of the site plan. We are not able to prove our intervenor status because we were not able to [p]resent evidence. 13 • • Submitted into the public record for item(s) PZ.8 on 1OJ25/18, City Clerk adversely affected by the Project and the increase in cars on its easement. See Meeting Minutes at page 16 (Appendix Page 479), 7:54.5 The PZAB should have pursued the legally correct line of inquiry concerning whether Blue Lagoon was entitled to Qualified Intervenor Status, which would have required it to determine whether Blue Lagoon was I) at all adversely affected, regardless of the magnitude of that affect, and only then 2) whether the magnitude of such adverse effect was greater on Blue Lagoon and its residents than on the general public. Had the PZAB performed this inquiry, it would have had the opportunity to make the proper factual findings that 1) any increase in vehicular traffic on the Easement adversely impacts Blue Lagoon and its residents, because it places more vehicles on the Easement which impedes Blue Lagoon residents' only access to a public right of way, Northwest 7th Street, and 2) as the Easement is the only way for Blue Lagoon and its residents to exit the Blue Lagoon Parcel and the Easement is currently utilized only by the residents of Blue Lagoon, the increase in vehicular traffic on the Easement would have more impact on those residents than the general public, which does not use the Easement. By instead improperly requiring Blue Lagoon to prove its 5 Counsel for Blue Lagoon: "If the board does not allow us to present live testimony from our experts, the board cannot consider our experts report. The board cannot consider our report, you cannot have a proper foundation for intervenor status. We were denied it. We were denied due process." 14 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk entire case -in -chief prior to being granted Intervenor Status and the ability to put on argument and evidence, and prior to being able to cross-examine adverse witnesses, the PZAB failed to apply the correct law to the facts and denied Blue Lagoon Procedural Due Process while attempting to oppose the Resolution. BLUE LAGOON WAS DENIED PROCEDURAL DUE PROCESS WHEN THE PZAB REFUSED TO ALLOW IT TO PRESENT EVIDENCE IN OPPOSITION OF THE RESOLUTION AT THE SEPTEMBER 10, 2018 HEARING, AND THE PZAB FAILED TO PERFORM THE PROPER INQUIRY REQUIRED BY MIAMI 21 TO APPROVE THIS REZONING REQUEST As discussed above, Blue Lagoon was improperly denied the opportunity to obtain Party Status and additionally was improperly denied Party Status at the September 10, 2018 hearing on the Resolution. By denying Blue Lagoon Party Status, the PZAB also denied Blue Lagoon the opportunity to present evidence into the record of the hearing that would show that the Resolution being examined was contrary to goals, objectives, and policies of the Comprehensive Plan and Miaini 21. Instead, the PZAB allowed Blue Lagoon an extended time to speak against the Resolution. Such offer did not cure the PZAB's denial of Procedural Due Process to Blue Lagoon because, as made clear in the minutes, the PZAB's intent in only providing Blue Lagoon with extra time to speak was to deny Blue Lagoon the opportunity to both present evidence and cross-examine the Applicant's witnesses, including the Applicant's traffic expert. See Meeting 15 • • • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Minutes at page 14 (Appendix Page 477), 7:42. Had Blue Lagoon been given the rights it was entitled to as a result of its Party Status, Blue Lagoon would have been able to cross-examine the Applicant's traffic expert to show that his conclusions had no factual support, and would have been able to offer the testimony of its own traffic engineer that was supported by a multi -page report and data appendix. The issue of increased traffic due to the rezoning proposed in the Resolution is important because this issue impacts the goals, objectives, and policies of the Comprehensive Plan. As part of the required line of inquiry for rezoning requests laid out in Miami 21 Article 7.1.2.8(f), the PZAB must study the rezoning request before it to determine "whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code."6 The Comprehensive Plan contains a section entitled "Transportation", which requires a certain level of service be maintained on all roads in the City. Specifically, Policy TR-1.1.2 contains a number of service requirements for roads with different 6 A more detailed analysis of these issues is contained in Blue Lagoon's Letter entitled "Summary of Position in Opposition", which was given to the PZAB at the September 10, 2018 hearing. A copy of this letter, including exhibits, is found at Appendix Page 492 (note that this letter was originally meant to be presented at the July 18, 2018 hearing of the PZAB, but the Resolution was deferred at that hearing until September 10, 2018; hence, the date at the top of the letter), and the arguments contained within it are adopted and made a part of this Petition_ 16 Submitted into the public record for item(s) PZ.8 on 10125/18, City Clerk characteristics, and Objective TR-I.3 requires the transportation system of the City to ininirnize the potential for collisions of cars on the road. An inquiry by the PZAB of the Resolution's effect on traffic on NW 7th Street and the surrounding area is not only relevant but required by Miami 21. The PZAB precluded Blue Lagoon from introducing its traffic report and testimony of its traffic engineer into evidence. See Meeting Minutes at page 15 (Appendix Page 478), 7:50, 7:51.7 This evidence would have shown that the Plan that was part of the Resolution will result in levels of service on Northwest 7th Avenue that would be inconsistent with the above -described goals, policies, and objectives.8 By failing to allow Blue Lagoon to present evidence and cross-examine the applicant's witnesses on this traffic issue, Blue Lagoon was denied the opportunity to make the necessary 7 Counsel for Blue Lagoon: "To be clear, the presentation will include testimony from the traffic engineer. I need that on the record. That I am being precluded from introducing evidence." The Chair: "May we allow that? [TJo give extra testimony? If he does not have intervenor status?" City Attorney: "No. for public comment, there is no expert testimony. It is just the presentation." The Chair: "I am going to give you a lot of latitude, but I can't allow that." 8 Counsel for Blue Lagoon: "At the moment, that easement exits onto northwest seventh street. It has its own dedicated light. The light takes some time to work. What is going to happen when the people are coming into the easement from seventh street onto 48th avenue from the north, [I]'m sorry, from the east? And the others are turning in from the west. A traffic dilemma. We have proof of that in the form of the report. In the form of the expert engineers. Our project will be affected." 17 • • • Submitted into the pudic record for item(s) PZ.8 on 10/25/18, City Clerk showing that the Resolution was contrary to the goals, objectives and policies of the comprehensive plan. Further, when the PZAB accepted the conclusions proffered by the traffic engineer for Weiss and the LLCs without performing any review of his report, and ignored Blue Lagoon's attempt to enter into evidence its own traffic engineer's report to rebut this report, it failed its legal duty under Miami 21 Article 7.1.2.8(f), to study the rezoning request before it to determine "whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code." Finally, if the PZAB had performed the analysis it was required to perform pursuant to Miami 21 Article 7.1.2.8(f), and had taken evidence from Blue Lagoon's traffic engineer concerning the effect of the Resolution on traffic on Northwest 7tn St., it would likely have reached (or at least had the opportunity to reach) the conclusion that the proposed rezoning would severely negatively impact such traffic and would not further the goals, objectives, and policies of the Comprehensive Plan. CONCLUSION . In Conclusion, the City of Miami, acting by and through the PZAB, applied the incorrect law to the facts and denied Blue Lagoon Due Process by 1) failing to apply the proper standard for granting Qualified Intervenor Status; 2) failing to grant Qualified Intervenor Status to Blue Lagoon; and 3) failing to I8 Submitted into the public record for item(s) PZ.8 an 10/25/18, City Clerk perform the proper analysis of the Resolution required under Miami 21 Article 7.1.2.8(f). Therefore, for the reasons stated above, the decision of the City of Miami, acting by and through the PZAB, to pass the Resolution should be set aside and the proceedings sent back to the PZAB with instructions to properly consider and apply the required criteria for granting Qualified Intervenor Status and considering the rezoning request in the Resolution, Further, the Court should instruct the City of Miami, acting by and through the PZAB, to allow Blue Lagoon the procedural rights to put forward evidence and argument opposing the Resolution and to proffer and cross-examine witnesses. [THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK] 19 • • • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk WHEREFORE, petitioner asks that this court to grant its petition for a writ of certiorari and grant any and all additional relief it deems just and proper. Dated: October 18, 2018 Respectfully Submitted, By: Is/ Richard Alayon Richard A. Alayon, Esq. Florida Bar No.: 934290 Patrick A. Alayon, Esq. Florida Bar No.: 0111330 ALAYON & ASSOCIATES, P.A. Attorneys for Petitioner Blue Lagoon Condominium Association, Inc. 135 San Lorenzo Avenue, Suite 820 Coral Gables, Florida 33146 Phone: (305) 221-2110 Fax: (305) 221-5321 Email: pleadings�7a,alayonlaw.com ralayon;calayonlaw.com 20 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of this Amended Petition for Certiorari and accompanying Appendix was served on the following parties via email and process server on the date indicated: I) The City of Miami, acting by and through the Planning, Zoning, and Appeals Board, c/o Victoria Mendez, City Attorney, 444 SW 2nd Ave„ 9th Floor, Miami, FL 33130, vmendez(a,iniamigov.com. Served on October 18, 2018. 2) Miguel Diaz de La Portilla, Esq., attorney for 7 at Blue Lagoon (1), LLC, 7 at Blue Lagoon (2), LLC, and Caroline Weiss, 200 Biscayne Blvd. Suite 3600, Miami, FL 33131, mdportilla@saul.com. Served on October 18, 2018. By: /s/Richard Alayon Richard A. Alayon, Esq. CERTIFICATE OF COMPLIANCE I hereby certify that this brief was prepared in Times New Roman, 14-point font, in compliance with Rule 9.100(1) of the Florida Rules of Appellate Procedure. By: /s/ Richard Alayon Richard A. Alayon, Esq. 21 • • • • Exhibit "4 " Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA. APPELLATE DIVISION CASE NO.: 201.8-00o3o0-AP-oi a LOWER COURT CASE NUMBER: PZAB-R-48-o4g h r' BLUE LAGOON CONDOMINIUM ASSOCIATION, INC., Appellant(s) vs. PLANNING, ZONING AND APPEALS BOARD OF AND FOR TI-IE CITY OF MIAMI, FLORIDA, Appellee(s) f ORDER, TO SIIQWCAUSE The Respondent is hereby directed to file an original and three (3) copies of its response with this court within twenty (2o) days from the date hereof and show cause why the above styled Petition for Writ of Certiorari should not be granted as prayed. Further, Petitioner may file its reply within twenty (2o) days thereafter. _ � It is so ordered this t 1 day of b CJ[,% L , Cc: Copies furnished to all parties Order To Show muse W n4 of Celt rev. 12/9/2008 l Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • • • Filing # 79657555 E-Filed 10/22/2018 12:53:08 PM Exhibit "5 " • BLUE LAGOON CONDOMINIUM ASSOCIATION, INC., Petitioner, VS. PLANNING, ZONING AND APPEALS BOARD OF AND FOR THE CITY OF MIAMI, FLORIDA, Respondent. Submitted into the public record for item(s) PZ.B on 10/25/18, City Clerk IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. CIRCUIT CIVIL DIVISION CASE NO.: 18-300 AP MOTION TO DISMISS PETITION FOR WRIT OF CERTIORARI 1 Under Florida Rule of Appellate Procedure 9.300, the Respondent moves to dismiss the Petition for Writ of Certiorari. At the outset, it should be noted that the City of Miami —not the Planning, Zoning and Appeals Board of and for the City of Miami, Florida —should be the named respondent. That is so because the Planning and Zoning Board is not a sui juris entity) This Court entered an order to show cause why the Petition should not be granted. After this Court did so, the Petitioner filed an Amended Petition for Writ of Certiorari. Among other things, the Amended Petition names the City of Miami as one of the Respondents. The Arnended Petition for Writ of Certiorari is unauthorized, as no Florida Rule of Appellate Procedure authorizes amended petitions. It was necessary for the Petitioner to move for leave to file an amended petition. The Petitioner has yet to do so. Because the Amended Petition for Writ of Certiorari is unauthorized, and this Court has not issued an order to show cause regarding the Amended Petition, this motion to dismiss addresses the original Petition. That being said, the arguments for dismissing the original Petition apply equally to dismissing the Amended Petition. Thus, should this Court grant leave to file the Amended Petition, this motion to dismiss should serve to dismiss it. Submitted into the public record for item(s) PZ.B on 10/25/18, City Clerk CASE N0.: ! 8-300 AP The need to dismiss the Petition stems from the fact that the Petitioner failed to exhaust administrative remedies. The Petitioner asks this Court to quash a recommendation from the Planning and Zoning Board to the City Commission. The Commission has yet to render a final decision on that recommendation. As more fully explained below, the Petitioner must wait for the City Commission to take final action before seeking review in this Court. BACKGROUND The underlying action involves an application for rezoning. Under the Miami 21 Code, the Planning, Zoning and Appeals Board merely offers recommendations to the City Commission regarding proposed rezonings: To determine whether Special Area Plans and rezonings that are regulated by the Miami 21 Code conform to the requirements of the Miami 21 Code, and to make recommendations to the City Commission in that regard. When acting in this capacity, its work shall be deemed advisory and recommendatory, and only advisory and recommendatory, to the City Commission. Miami 21 Code, Art. 711.4(6) (emphasis added). Upon receiving a recommendation regarding rezoning, the City Commission is tasked with considering it and rendering a final decision. Miami 21 Code, Art. 7.1.1.5. That has yet to occur in this case. In fact, the City Commission has not even held a hearing on the issue. A hearing is currently scheduled for October 25, 2018. Despite no final action from the City Commission, the Petitioner, who is adjacent to the subject property, filed a Petition for Writ of Certiorari. The Petitioner seeks to quash the recommendation from the Planning and Zoning Board. This Court issued an order to show cause why the Petition should not be granted' 2 This motion to dismiss tolls the time for the Respondent to file its response. See Fla. R. App. P. 9.300(b). Page 2 of 5 1058138 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • CASE NO,: 18-300 AP ANALYSIS This Court lacks jurisdiction to grant the Petition of Writ of Certiorari because the Petitioner failed to exhaust administrative remedies. The Third District's decision in City of Coral Gables v. Fortun, 785 So. 2d 741 (Fla. 3d DCA 2001), is on point. In Fortun, the underlying action involved an application for a building site separation in the City of Coral Gables. The city commission had remanded the permit application to its planning and zoning board. The city commission merely requested a recommendation. Even though the city commission had not taken final action on the permit application, adjacent property owners of the subject property sought declaratory relief and an injunction in the circuit court. The circuit court granted the injunction. The Third District, however, quashed the order for lack of jurisdiction. As the Third District explained, "[a]dministrative remedies must be exhausted, subject to certain exceptions not present in this case, before seeking alternative judicial remedies." Id. at 742. The Third District held that the adjacent property owners failed to exhaust administrative remedies because the city commission had not taken any final action: At the time [the adjacent property owners] sought relief in circuit court, the City Commission had not taken final action on the separation application; it had remanded the latter to the Planning and Zoning Board for recommendation. As a result, [the property owners'] suit was premature and the circuit court lacked subject matter jurisdiction to hear the matter. Id.. There is no meaningful difference between Fortun and this case. Like the planning and zoning board in Fortun, the Planning and Zoning Board in this case is merely tasked with making a recommendation. The plain language ofthe Miami 21 Code demonstrates as much: "When acting in this capacity, its work shall be deemed advisory and recommendatory, and only advisory and recommendatory, to the City Commission." Miami 21 Code, Art. 7.1.1.4(6) (emphasis added). 1058138 Page 3 of 5 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk CASE N0.: 18-300 AP Like the city commission in Fortun, the City Commission in this case has yet to take final action on any recommendation. This means that the Petitioner has not exhausted administrative remedies. Simply put, the Petitioner filed a premature petition. As the Third District has made it abundantly clear, that is a jurisdictional defect. See Fortun, 785 So. 2d at 742 ("[The property owners] suit was premature and the circuit court lacked subject matter jurisdiction to hear the matter."). CONCLUSION For these reasons, this Court should dismiss the Petition for Writ of Certiorari for lack of jurisdiction. VICTORIA MENDEZ, City Attorney ERIC J. EVES, Assistant City Attorney Attorneys for City of Miami 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Tel.: (305) 416-1800 Fax: (305) 416-1801 Email: EEves@miamigov.com Secondary Email: KJones@miamigov.com By: /s/ Eric J. Eves Eric J. Eves Florida Bar No. 91053 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished to those individuals on the attached Service List by e-mail generated by My Florida Courts E-Filing Portal this 22nd day of October 2018. By: /s/ Eric J. Eves Eric J. Eves Florida Bar No. 91053 Page 4 of 5 1058138 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • • • SERVICE LIST Richard A. Alayon, Esq. Alayon & Associates, P.A. 135 San Lorenzo Avenue Suite 820 Coral Gables, Florida 33146 asnyder@alayonlaw.com, cmcdonough@alayonlaw.com, ralayon@alayonlaw.com, pleadings@alayonlaw.com Attorney for Blue Lagoon Condominium Association, Inc. 1058138 Page 5 of 5 CASE NO.: 18-300 AP aalfonso@alayonlaw.com, 10/23/2018 OC S Search Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk hibit rt 6 II Submitted into the public record for item(s) PZ.8 on 10125/18, City Clerk Jerk's Horne (http:llwww.miami-dadeclerk,comlhome.asp) nline Services (http:IN w.miarni-dadeclerk.camlonline_services,asp) bout Us (http://wwwmiami-dadeclerk.com/aboutasp) ontact Us (http:llw amiami-dadecierk,comlcontactasp) y Account (httpslivmm12,miami-dadeclerk.com/PremierServicesilogin,aspx) HARVEY RUVIN CLERK of the COURTS MIAMI.OAOE COUNTY, FLORIDA Miami -Dade County Civil, Family and Probate Courts Online System 44 Back to Search BLUE LAGOON AIRPORT CLUB APARTMENT VS INTERCONTINENTAL INVESTMENT BANKERS INC Local Case Number: 1997-000975-CA-01 Filing Date: 01/15/1997 State Case Number: 131997CA000975000001 Case Type: Injunctive Relief (Greater than $15,000) Consolidated Case No.: N/A Judicial Section: CA15 Case Status: CLOSED ." Parties C#Export to Party Description Party Name Defendant Intercontinental Investment Bankers Inc Number of Parties: 5 Attorney information Iyy.-.( agrn y„fV?mej,Bernard S Mandler Other Attorney(s) • • https:// w w2.rriarri-dadec)erkcomdocs/Search.aspx 1/10 /0/2212018 Party • • w-- Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Description Party Name Defendant Weiss, Caroline Defendant Towers Of Blue Lagoon I Inc Plaintiff Plaintiff OCS Search Attorney Information ,B# ,(sar yy,,m,40,50007 i' O(t rrrey,Nasne)Bernard S Man dder Number)50007 N:_(,4tt9rrrey Narne)Bernard S Mandder Blue Lagoon Airport Club Apartment B#(Bar Number)304786 NL„(4. 9rrRy.. p,me)Franked, Robert P Milton, Jose B# g,IAC Afumher),304786 NL_(Aftq neyRl,! gtpsfrankef, Robert P. Othe r Attorney(s) # Hearing Details No hearing information found Number of Hearing: 0 Dockets C♦Export to= Dockets Retrieved: 131 Event Number Date Book/Page Docket Entry Type Comments 2 07/17/2018 Receipt: Event RECEIPT#:3390023 AMT PAID:$50.00 NAME:ALAYON, PATRICK A. 135 SAN LORENZO AVE STE 820 CORAL GABLES FL 33146-1527 COMMENT: ALLOCATION CODE QUANTITY UNIT AMOUNT 3117- REOPEN CASE FEE 1 $50.00 $50.00 TENDER TYPE:E-FILING ACH TENDER AMT 1 07/08/2018 Motion: Event TO REOPEN CASE 05/05/2008 Case Eligible for Event 05/05/2008 Destruction : 03/10/2003 Order of Judgment B: 21054 P: 3679 Dismissal (F.W.O.P.) 03/10/2003 Returned Mail Event BERNARD S. MANOLER https:/ w+m2.niami-dadeclerkconVocs/Search.aspx 2110 10/2312018 Submitted into the public record for item(s) P2,8 on 10/25/18, City Clerk OCS Search Number Date Event Book/Page Docket Entry Type Comments 03/10/2003 21054:3679 Order of Event B: 21054 P: 3679 Dismissal Parties: Intercontinental Investment (F.W.O.P.) Bankers Inc; Weiss Caroline; Towers Of Blue Lagoon I Inc 02/28/2003 Response: Event MOTION, NOTICE & JDGMENT FOR DISMISSAL 02/12/2003 FWOP Notice Event 03/10/2003 09:00 AM 02/07/2003 Order: Event GRANTING DEF'S MTN TO SUBSTITUTE COUNSEL 01/31/2003 Motion: Event TO SUBSTITUTE COUNSEL 01/23/2002 Response: Event TO MTN, NOTICE AND JUDGMENT OF DISMISSAL 01 /10/2002 FWOP Notice Event 02/06/2002 10:30 AM 10/19/2000 Notice of Taking Event Deposition 09/26/2000 Notice of Taking Event Deposition 09/22/2000 Order: Event ON MOTION TO MODIFY ORDER GRANTING PERMANET INJUNCTION 09/21/2000 Multiple Event 2 Subpoenas Filed 09/18/2000 Memorandum of Event Law 09/15/2000 Subpoena Event Returned 09/14/2000 Notice ❑f Event SPECIAL APPT 09/18/2000 01:00 PM Hearing- 09/12/2000 Text Event EMERGENCY MOTION TO MODIFY ORDER ON PERMANENT INJUNCTION 01/07/2000 Notice of Hrg Event 03/15/2000 11:00 AM Special Appt 10/18/1999 Notice of Event MOTIONS 11/02/1999 09:00AM Hearing Set- 10/07/1999 Motion: Event TO MODIFY PERMANENT INJUNCTION • • • hops://vnnn+2.rriami-dadeclerkcomfocs/Search.aspx 3/10 10/2312018 OCS Search Submitted into the public record for item(s) PZ.8 on 1 /25/18, City Clerk • Number Date 10/06/1999 09/21/1999 09/15/1999 09/07/1999 09/07/1999 08/19/1999 08/19/1999 07/06/1999 06/29/1999 06/02/1999 05/19/1999 03/16/1999 01/21/1999 12/22/1998 12/15/1998 12/02/1998 11/24/1998 11/20/1998 11/20/1998 Book/Page Docket Entry Notice: Motion: Order: Event Type Comments Event OF WITHDRAWAL OF MOTION TO MODIFY PERMANENT INJUNCTION Event TO MODIFY PERMANENT INJUNCTION Event Letter of Event Correspondence Notice of Hrg Special Appt Event Motion to quash Event Notice of Taking Event Deposition Notice of Hrg Special Appt Event Letter of Event Correspondence Motion to Strike Event Notice of Hrg Special Appt Notice of Hearing - Notice of Hearing - Order: Notice of Hearing - DENYING M NT. FOR CONTEMPT TO JUDGE MUIR DATED 8/26/99 FROM JOHN A. MOORE 09/03/1999 11:15 AM 08/27/1999 10:00 AM JUDGE MUIR DATED 06-24-99 Event 06/25/1999 01:30 PM Event SPECIAL APPT 05/12/1999 02:00 PM Event SPECIAL APPT 03117/1999 01:00 PM Event GRANTING SUPPLEMENT TO MOTN TO ENFORCE FINAL JUDGMENT Event Letter of Event Correspondence Subpoena Returned Text Notice of Hearing - Event Event Event SPECIAL APPT 12/18/1998 01:00 PM 11-12-98 TO MS. CRAWFORD FROM ROBERT FRANKEL FAX COVER SHEET MOTIONS 12/02/1998 09:00 AM https; Ibmwv2. mi ami-dadecl er kcomlocs/Sear c h.aspx 4/10 10/23/2018 OCS Search Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Event Number Date Book/Page Docket Entry Type Comments 11/20/1998 Subpoena Event Returned 11/20/1998 Notice of Event MOTIONS 12/02/1998 09:OOAM Hearing Set- 11/19/1998 Notice of Taking Event Deposition 11/19/1998 Notice of Event SPECIAL APPT 11/20/1998 09:00 AM Hearing- 11 /13/1998 Text Event SUPPLEMENT TO MOTION TO ENFORCE FINAL JUDGMENT 11/13/1998 Letter of Event OCTOBER 26,98 TO MS. CRAWFORD Correspondence FROM ROBERT P. FRANKEL 11/10/1998 Order: Event GRANTING MTN TO ENFORCE AGREED FINAL JUDGMENT 11/09/1998 Motion: Event FOR FINDING OF WILLFUL CONTEMPT 11/09/1998 Notice of Event SPECIAL APPT 11/10/1998 02:00 PM Hea ring- 1110511998 Notice of Event SPECIAL APPT 01/14/1999 10:30 AM Hearin g- 11/0211998 Notice of Event SPECIAL APPT 11/04/1998 12:00 PM Hearing- 10/27/1998 Text Event MTN TO ENFORCE FINAL JUDGMENT 05/20/1998 04/01/1998 02/25/1998 02/02/1998 01/29/1998 12/12/1997 12/02/1997 Order: Subpoena Returned Subpoena Returned Notice of Hearing - Notice of Hearing - Response: Text Event DENYING MTN TO VACATE FINAL JUDGM ENT Event Event Event SPECIAL APPT 05/11/1998 09:00 AM Event SPECIAL APPT 05/11/1998 09:00 AM Event TO MTN TO VACATE FINAL JUDGMENT - BLUE LAGOON AIRPORT Event MAILED CHK 26795 • https:/A m2.rriamf-dadeclerkcomlocs/Search.aspx 5/10 10/20 2018 • • • Number Date 12/02/1997 12/01/1997 OCS Search Book/Page Docket Entry Event Type Comments Issued Court Event Registry Check Motion to Vacate Event Judgment 11/19/1997 17877:1987 Court Order (Recordable) 11 /1011 997 11 /10/1997 10/24/1997 10/24/1997 10/17/1997 10/07/1997 10/07/1997 09/26/1997 09/26/1997 09/18/1997 09/18/1997 09/12/1997 09/12/1997 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk $ 100.00 # 26795 LAPIDUS&FRANKEL,PA(INJBND)AGRDFJ 11-19-97) Event. B: 17877 P: 1987 GRANTING FINAL JUDO. ON PERMANENT INJUNCTIVE RELIEF Motion to Strike Event Notice:: Event Multiple Notice Event of Taking Depositions Filed Notice of Taking Event Deposition Order Granting Event Protective Order Order: Order Setting Jury Trial Notice of Hearing Set - Motion for Protective Order Notice of Hearing Set - Motion for Continuance Notice of Appearance Event Event Event Event Event Event Event Order on Motion Event to Compel OF HEARING: NO TIME OR DATE GIVEN (2) GRANTING MOTION TO CONTINUE 11 /17/1997 09:00 AM MOTIONS 10/07/1997 09:OOAM MOTIONS 10/01/1997 09:OOAM ATTORNEY:00050007 Parties: Intercontinental Investment Bankers Inc; Weiss Caroline; Towers Of Blue Lagoon I Inc https:11wvw 2 arni- dadeci erkcornIocsISearch.aspx 6/10 10/23/2018 Submitted into the public record for items) P2.8 on 10/25/18, City Clerk ❑CS Search Event Number Date Book/Page Docket Entry Type Comments 09/08/1997 Multiple Notice Event (2) of Taking Depositions Filed 09/08/1997 Notice of Taking Event Deposition 08/29/1997 Order. Event GRANTING MOTION TO WITHDRAW 08/19/1997 Motion to Event Compel 08/19/1997 Notice of Event MOTIONS 08/28/1997 09:00 AM Hearing- 08/18/1997 Notice of Event MOTIONS 08/28/1997 09:00AM Hearing Set- 08/15/1997 Notice of Event MOTIONS 08/27/1997 09:00AM Hearing Set- 08/15/1997 Motion to Event Withdraw 08/06/1997 Text Event PRETRIAL COM PUANCE 07/24/1997 Notice: Event OF DESIGNATION OF MEDIATOR 07/02/1997 Order of Event X Referral to Mediation Unit 07/02/1997 Order Setting Event 10/20/1997 09:00 AM Non -Jury Trial 06/30/1997 Stipulation and Event ATTORNEY:00139012 Order Parties; intercontinental Investment Substituting Bankers Inc; Weiss Caroline Counsel 06/27/1997 Certified Copy Event FROM THIRD DISTRICT COURT OF of: APPEAL 06/26/1997 Copy of: Event D.C.A. OF ORDER 06/25/1997 Notice of Taking Event Deposition 06/25/1997 Notice of Taking Event Deposition https:IAwwv2.rniami-dadeclerkcomiocs/Search.aspx 7/10 10/2312018 Number Date 06/25/1997 06/20/1997 06/20/1997 06/20/1997 06/19/1997 06/16/1997 06/16/1997 06/16/1997 06/09/1997 05/29/1997 05/28/1997 05/20/1997 05/08/1997 05/08/1997 05/08/1997 04/30/1997 04/30/1997 OC S Search Book/Page Docket Entry Ev ent Type Comments Notice of Taking Event Deposition Text Answer to Counter Claim Reply to Affirmative Defenses Event Event Event Notice of Non- Event Jury Trial Counter Claim Event Answer Submitted into the public record for item(s) P7.8 on 10125115, City Clerk MTN TO ASSESS ATTORNEY'S FEES $ 0.00 Event ATTORNEY:00139012 Parties: Intercontinental Investment Bankers Inc; Weiss Caroline; Towers Of Blue Lagoon I Inc Motion to Strike Event Notice of Appearance Event Certified Copy Event of: Notice of Hearing - Notice of Hearing Set - Motion to Withdraw Notice of Hearing Set - Motion for Extension of Time Motion for Default Cancellation Notice Event Event Event Event Event Event Event ATTORNEY:00139012 Parties: Intercontinental Investment Bankers Inc FROM THIRD DISTRICT COURT OF APPEAL MOTIONS 06/03/1997 09:00 AM MOTIONS 06/03/1997 09:O0AM MOTIONS 05/20/1997 09:OOAM 05/27/1997 09:00 AM baps:/fvimw2.miami-dadeclerkcomocslsearch. aspx 8!10 10/23/2018 OCS Search Number Date Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Event Book/Page Docket Entry Type Comments 03/17/1997 Notice of Event MOTIONS 03/2611997 09:00AM Hearing Set- 03107/1997 Amended Event Complaint 03/05/1997 Exhibit List Event EXHIBIT ARE IN COURT FILE 03/03/1997 Motion to Event INTERCONTINENTAL INVESTMENT Dismiss BANKERS, INC. & C. WEISS 02/28/1997 Notice of Event ATTORNEY:00183761 Appearance Parties: Intercontinental Investment Bankers Inc; Weiss Caroline 02/26/1997 Notice of Event SPECIAL APPT 02/2711997 01:30 PM Hearing- 02/21/1997 17542:3590 Recorded 02/14/1997 02/11/1997 02/11/1997 Event B: 17542 P: 3590 NOTICE OF APPEAL OF Document NON -FINAL ORDER Order: Event DENYING MTN TO QUASH & VACATE TEMP INJUNCTION,TO REQUIRE Letter of Event TO JUDGE MURI DATED 2-7-97 Correspondence WJATfACHMENTS Motion to Quash Event 02/11/1997 Notice of Event SPECIAL APPT 02/1111997 10:30 AM Hearing- 02/11/1997 Text Event MTN TO ENFORCE TEMPORARY INJUNCTION, ETC 02/07/1997 Bond $ Event $ 100.00 BK:00000 PG:0000 INJUNCTIVE. (CT ORD 0124970 Parties: Blue Lagoon Airport Club Apartment 02/07/1997 Court Registry Event $ 100.00 # 654264 INJUNCTIVE BOND. Deposit LAPIDUS & FRANKEL, PA.(CT ORD 012497) 02/07/1997 Text Event NOTICE OF SERVICE FILING INJUNCT $100. BOND. 02/06/1997 17522:2258 Court Order Event B: 17522 P: 2258 GRANTING REQUEST (Recordable) FOR TEMPORARY INJUNCTIVE RELIEF 01/22/1997 Notice of Event SPECIAL APPT 01/23/1997 11:45 AM Hearing- • • • baps:/Mnrm2.rruami-dadeclerkcorn/ors/Search.aspx 9110 t0/2312018 OCS Search Event Number Date Book/Page Docket Entry Type Comments 01/15/1997 Civil Cover Event Submitted into the public record for item(s) PZ.8 on 1O/25/18, City Cierk 01/15/1997 Summons Event Parties: Intercontinental Investment Issued Bankers Inc: Weiss Caroline 01115/1997 44 Back to Search Please be advised. Complaint Event The Clerk's Office makes every effort to ensure the accuracy of the following information; however it makes no warranties or representations whatsoever regarding the completeness, accuracy, or timeliness of such information and data. 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CORM https.lAmw/2.miarr>i-dadecIerkcon-Vacs/Searcti.aspx 10/10 Filing # 74601639 E-Filed 07/08/2018 06:58:18 PM Exhibit BLUE LAGOON CONDOMINIUM ASSOCIATION, INC, A Florida Not -For - Profit corporation, as Successor in Interest or Otherwise to BLUE LAGOON AIRPORT CLUB APARTMENT, a Florida General Partnership and JOSE MILTON as managing general partner of BLUE LAGOON AIPORT CLUB APARTMENTS, Plaintiff, v. CAROLINE WEISS, Individually, and as a former officer, director, principal, or controlling person of INTERCONTINENTAL INVESTMENT BANKERS, INC. and in such capacity with respect to TOWERS OF BLUE LAGOON, INC., and 7 AT BLUE LAGOON (I), LLC, and 7 AT BLUE LAGOON (2), LLC, Delaware Limited Liability Companies Registered to do business in Florida, directly and each in as successor in interest or assignee of CAROLINE WEISS, Individually, and as a former officer, director, principal, or controlling person of INTERCONTINENTAL INVESTMENT BANKERS, INC. and in such capacity with respect to TOWERS OF BLUE LAGOON I, INC. Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk rr 7 1N THE CIRCUIT COURT OF THE 1 1TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 97-00975 CA 15 MOTION TO RE -OPEN CASE TO ENFORCE AGREED FINAL JUDGMENT GRANTING PERMANENT INJUNCTIVE RELIEF Plaintiff, BLUE LAGOON CONDOMINIUM ASSOCIATION, INC. ("BLC" or "Plaintiff"), as the assignee and/or successor in interest to BLUE LAGOON AIRPORT CLUB APARTMENT, a Florida General Partnership and JOSE MILTON as managing general partner of BLUE LAGOON AIPORT CLUB APARTMENTS, by and through undersigned • • • • • Submitted into the public record for item(s) PZ.8 on 10j25/18, City Clerk. CASE NO.: 97-00975 CA 15 counsel, hereby files this Motion to Re -Open Case to Enforce Agreed Final Judgment Granting Permanent Injunctive Relief, and states as follows: 1. Plaintiff is the assignee and/or successor in interest to the rights created andlor adjudicated in the Agreed Final Judgment Granting Permanent Injunctive Relief entered in this action and recorded at Miami -Dade County Official Records Book 17877 at pages 1987 to 1989 (hereinafter the "Agreed Permanent Injunction"). 2. Defendants are the direct or indirect owners of the estate subject to the Agreed Permanent Injunction. 3. Defendants are violating the Agreed Permanent Injunction as described in the attached Complaint, a copy of which is attached hereto, and which was filed separately and concurrently with this Motion. 4. In the Agreed Permanent Injunction at paragraph 7, the Court reserved jurisdiction to enforce full compliance with the terms of same. 5. Therefore, Plaintiff seeks to re -open this case to enforce the terms of the Agreed Permanent Injunction against Defendants as described in the attached Complaint. WHEREFORE, Plaintiff Blue Lagoon Condominium Association requests an Order reopening the case to adjudicate Defendants failure to abide by the Court's Agreed Final Judgment Granting Permanent Injunctive Relief previously entered in this action. Dated July 8, 2018 Respectfully Submitted, By: /s/ Patrick Alayon Richard A. Alayon, Esq. Florida Bar No.: 934290 Patrick A. Alayon, Esq. Florida Bar No.: 0111330 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk CASE NO.: 97-00975 CA 15 ALAYON & ASSOCIATES, P.A. 135 San Lorenzo Avenue, Suite 820 Coral Gables, Florida 33146 Phone: (305) 221-2110 Fax: (305) 221-5321 Email: pleadinas(a)alayonla\ .con7 ralayonAalayon law.com ralavon(rr�,alayonlaw.eoni • • 10/2312018 Exhibit OCS Search 118lt lerk's Home (http://www.miami-dadeclerk.com/home.asp) Wine Services (http:ffwww.miami-dadeclerkcomfonline_services.asp) pout Us(http:ifwwwmiami-dadeclerk.comlabout.asp) ontact Us(http:ffvwvwmiami-dadeclerk.comfcontact.asp) y Account ('https:ffwww2.miami-dadeclerk.comIPremierServicesllogin,aspx) HARVEY RUVIN CLERK oft& COURTS MIAMI-DADE COUNTY, FLORIDA Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Miami -Dade County Civil, Family and Probate Courts Online System 41 Back to Search BLUE LAGOON CONDOMINIUM ASSOCIATOIN, INC. ET AL VS 7 AT BLUE LAGOON (1), LLC ET AL Local Case Number: 2018-023952-CA-01 Filing Date: 07108/2018 State Case Number: 132018CA023952000001 Case Type: Declaratory Judgment (Greater than $15,000) Consolidated Case No.: WA Judicial Section: CA15 Case Status: OPEN '111 Parties C;E,ort to Party Description Party Name Attorney Information Number of Parties: 9 Other Attorney(s) https:lfun m2.miarri-dadeclerkcorr/ocsfSearch.aspx 1 /5 10123/2018 JCS Search Party Description Party Name Plaintiff Defendant Defendant Defendant Defendant Defendant Defendant Plaintiff Plaintiff Blue Lagoon Condominium Associatoin, Inc. 7 AT BLUE LAGOON (1). LLC 7 AT BLUE LAGOON (2), LLC Weiss, Caroline Intercontinental Invest Bankers Inc Towers of Blue Lagoon Inc Weiss, Caroline Blue Lagoon Airport Club Apartment Milton, Jose t it. Hearing Details c4Export to . L. Hearing Date 11/3012018 11/16/2018 Hearing Time 9:00AM 9' 00AM Attorney Information B#ti,,r(Bar Number)111330 N: {Attorney Name)Afayon, Patrick A. B#,: ,,{BarN{tm6er).111330 N: (Attorney Nme)IAfayon, Patrick A. 8#: (Bar Number)111330 (`Attorngyh,!ame)Alayon, Patrick A. Hearing Code SPECSETS SPECSETS Other Attorney(s) Number of Hearing: 2 Description Special Sets Special Sets 11 Dockets C♦Export to Number Date 11/30/2018 11/16/2018 Dockets Retrieved:21 Docket Event Book/Page Entry Type Comments Special Sets Hearing MOTION TO DISMISS Special Sets Hearing MOTION TO DISMISS • :C • Nips :f wm(2.rrrarni-dadeclerkcom+ocsiSearch.aspx 215 10l23i2O18 OCS Search Submitted into the public record for item(s) P2.8 on 10/25/18, City Clerk • • Number Date 16 10/16/2018 15 10/16/2018 1 14 10/12/2018 13 10/01/2018 10/01/2018 10/01/2018 li 12 10 9 8 7 10/01/2018 09/19/2018 09/18/2018 08/29/2018 Docket Book/Page Entry Event Type Cancellation Event Notice Notice of Event Hearing - Notice of Event Hrg Special Appt Motion: Event Motion to Event Dismiss Order: Event Order Extending Time for Comme nts 11/30/2018 11 /16/2018 FOR LEAVE TO FILE RESPONSE OUT OF TIME GRANTING DEFENDANTS MOTION FOR LEAVE TO FILE RESPONSE OUT OF TIME Event AGREED- GRANTING DEFENDANTS UNOPPOSED MOTION FOR EXTENSION OF TIME Motion for Event Extension of Time Notice of Appearance Receipt: Event Event RECEIPT#:2550018 AMT PAID:$30.00 COMMENT: ALLOCATION CODE QUANTITY UNIT AMOUNT 3139- SUMMONS ISSUE FEE 3 $10.00 $30.00 TENDER TYPE:CASH TENDER AM T:$30.00 RECEIPT DATE:08/29/2018 REGISTER#:255 CASHIER:DANMAR https:llwyur2.rriami-dadederkcorrdacsfSearch.aspx 315 10/23:2018 OCS Search Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Docket Event Number Date Book/Page Entry Type Comments 08/29/2018 20 Day Service Summons Issued 6 08/29/2018 20 Day Event Parties: Weiss Carofine Summons Issued 08/29/2018 20 Day Service Summons Issued 5 08/29/2018 20 Day Event Parties: 7 AT BLUE LAGOON Summons (2) LLC Issued 08/29/2018 20 Day Service Summons Issued 4 08/29/2018 20 Day Event Parties: 7 AT BLUE LAGOON Summons (1) LLC Issued 3 07/24/2018 Receipt: Event RECEIPT#:3430002 AMT PAID:$401.00 NAM E:ALAYON, PATRICK A. 135 SAN LORENZO AVE STE 820 CORAL GABLES FL 33146-1527 COMMENT: ALLOCATION CODE QUANTITY UNIT AMOUNT 3100-CIRCUIT FILING FEE 1 $401.00 $401.00 TENDER TYPE:E-FILING ACH TENDER 2 07/08/2018 Complaint Event 1 07/08/2018 Civil Cover Event 11 Back to Search Please be advised: • • htIps: fMnvn/L.rrr ami - daded ericcomiocs/Sear c h. as px 4/5 • 10/23/2018 OCS Search The Clerk's Office makes every effort to ensure the accuracy of the following information; however it makes no warranties or representations whatsoever regarding the completeness, accuracy, or timeliness of such information and data. 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All Rights reserved. • Submitted into the public record for items) PZ.8 on 1O/25/18, City Clerk • blips://u w2.rriami-dadeclerkcom/ocsfSearch.aspx 5/5 Filing # 74601607 E-Filed 07/08/2018 06:46:28 PM Exhibit BLUE LAGOON CONDOMINIUM ASSOCIATION, INC, A Florida Not -For- Profit corporation, as Successor in Interest or Otherwise to BLUE LAGOON AIRPORT CLUB APARTMENT, a Florida General Partnership and JOSE MILTON as managing general partner of BLUE LAGOON AIPORT CLUB APARTMENTS Plaintiff, V. 91r Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 7 AT BLUE LAGOON (1), LLC, AND 7 AT BLUE LAGOON (2), LLC, Delaware Limited Liability Companies Registered to do business in Florida, directly and each in as successor in interest or assignee of CAROLINE WEISS, Individually, and as a former officer, director, principal, or controlling person of INTERCONTINENTAL INVESTMENT BANKERS, INC. and in such capacity with respect to TOWERS OF BLUE LAGOON, INC., and CAROLINE WEISS, Individually, Defendants. COMPLAINT FOR DECLARATORY AND SUPPLEMENTAL RELIEF AND PETITION TO ENFORCE PREVIOUSLY ENTERED AGREED PERMANENT INJ1JNCTION Plaintiff, BLUE LAGOON CONDOMINIUM ASSOCIATION, INC. ("BLC" or "Plaintiff'), by and through undersigned counsel, hereby files this Complaint against the Defendants, 7 AT BLUE LAGOON (1), LLC, AND 7 AT BLUE LAGOON (2), LLC, Delaware Limited Liability Companies Registered to do business in Florida, and CAROLINE • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss et.al, Complaint Page 2 of 10 WEISS, individually (collectively referred to hereinafter as "WEISS" or '`Defendants'"), and in support thereof, state as follows: THE DISPUTE 1. Plaintiff is the owner, and/or the owner of the dominant estate enjoying the benefit, of the declaration of easement recorded at Miami -Dade Official Records Book 12999, pages 326 through 331, inclusive (the "Easement"). See copy of the Easement in Exhibit "A" hereto. The legal description of the dominant estate is contained in Exhibit "A" of the Easement (the "Dominant Estate"), which, again for the sake of clarity, is attached as part of Exhibit "A" of this Complaint. 2. Defendants are the direct or indirect owners of the estate subject to the burdens, impositions, uses, and other express or implied terms of the Easement. The servient estate is legally described in Exhibit "B" of the Easement, which, in turn, is attached as part of Exhibit "A" of this Complaint (the "Servient Estate" or "Servient Parcel"). 3. The area of the Easement is depicted on pages 93 and 94 of the Boundary Land Survey on pages 93 and 94 of the rezoning application filed by the Defendants (the "Rezoning Application"), including their or their affiliates, with the City of Miami. The Rezoning Application shows Defendants seek to construct 888' new apartments (presumably many with two bedrooms or more and corresponding number of autos) and a 294-room hotel on or near the Servient Estate. Defendants intend to direct their auto and truck traffic through the Easement`' See page A1.00 of the plans included in the Rezoning Application in Exhibit "C" hereof. The Rezoning application specifically states that "the applicant will be proffering a covenant which will also restrict the development of the site to a specific set of architectural design plans." The plans attached as Exhibit "C" to this complaint represent the plans submitted concurrently with the rezoning application containing said statement. '- The Defendant's zoning counsel mentioned, during a recent zoning hearing that Defendants owned another easement over a condominium association's parking lot to the east of the Servient Estate that permitted them ingress and egress to the Servient Estate. Accordingly, Defendants unreasonably seek to channel all the increased traffic through the Easement, which Plaintiff believes will so burden the easement as to interfere with Plaintiff's use of the Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss et.al. Complaint Page 3of10 ("Defendants' Intended Use of the Easement"). See page A2.00 of the proposed development plans included in the Rezoning Application in Exhibit "C" hereto (the "Development Plans"). Note that though the plans appear to show a road leading to the east of the Servient Parcel and appearing to enter the land adjacent to the Servient Parcel ("47th Avenue Connection"), the Defendants have communicated to the Plaintiff that such potential connection will not be part of Defendants' final development plans for the Servient Parcel; and, nonetheless, its existence would still not ameliorate the substantial interference of Defendants' planned development of the Servient Parcel with the Plaintiff's rights under the Easement. 4. As stated in footnote 2 of this ComplaintiPetition, Plaintiff believes an intense increase in traffic on the Easement will occur as a result of Defendants' Intended Use of the Easement. Such use would unreasonably preclude Plaintiff's necessary and reasonable use and enjoyment of the Easement. Rather than rely solely on common sense that Defendant's Easement Traffic would render Plaintiffs reasonable use of the Easement a veritable impossibility, Plaintiff commissioned an intersection traffic study prepared by a duly qualified professional. See copy in Exhibit "D" (the "Traffic Study"). 5. The Traffic Study reveals high increases in traffic and corresponding decreases in levels of service ("LOS")3 over the Easement, all attributable to Defendants' Intended Use of the Easement. In addition to textual statements of such conclusions, the Traffic Study contains data Easement in violation of applicable law, the Easement, and the agreed final judgment granting permanent injunctive relief, entered as part of the court record in Case # 97-00975 CA 15 in the 11 `h Judicial Circuit in and for Miami -Dade County Florida and recorded at Miami -Dade County Official Records Book 17877 at pages 1987 to 1989, inclusive. See copy in Exhibit "B" hereto (the "Agreed Permanent Injunction"). 1 The Florida Department of Transportation has defined Level of Service as follows: "Level of service is essentially a measure of the quality of the overall operating characteristics of a street or highway. Factors involved in determining the level of service include speed and safety, as well as travel time; traffic conflicts and interruptions; freedom to maneuver; driving convenience and comfort; and operating costs. Level of service is also dependent on actual traffic volume and composition of traffic." FDOT Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Street and Highways, page 32 (2005). • • • • • • Submitted into the public record for items) PZ.8 on 10/25/18, City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss et.al. Complaint Page 4 of 10 including, without limitation, charts and analysis based on field data collected on site, showing the highly increased traffic and degraded LOS associated with the Defendants' intended use of the Easement. Despite the Defendants contention that the 47th Avenue Connection is not part of their final development plans for the Servient Estate, the traffic study even considers the potential existence of such connection and still reaches the same conclusions that the Development Plans will result in similarly high increases in traffic and corresponding decreases in LOS over the Easement. 6. While the Easement is not exclusive to the Dominant Estate, it entitles Plaintiff to reasonable use and enjoyment of a dedicated access and entrance feature to the Dominant Estate, which would otherwise be a landlocked parcel.4 In prior litigation where Defendants sought to preclude a prior owner of the Dominant Estate from enjoying the Easement, case # 97-00975 CA 15 in the I `h Circuit in and for Miami -Dade County, Florida, the Court entered an agreed final judgment granting permanent injunctive relief. To end that litigation, Defendants and/or their predecessors in interest effectively amended the Easement by agreeing to such final judgment, rendering the Easement more expansive in favor of the then present and any future owner of the Dominant Estate by agreeing neither she nor any successor in interest to the Servient Estate would "interfere" with the use of the Easement by the Dominant Estate to which Plaintiff is the successor in interest. See Agreed Permanent Injunction, Exhibit "B". The injunction reserves jurisdiction by the Court (CA 15 — Judge Celeste Muir presiding at the time of its entry) to enforce full compliance with its terms. 7. Plaintiff maintains that Defendants' Intended Use of the Easement would most certainly "interfere" with Plaintiff's use of the Easement and do so in an unreasonable manner. ' For this reason, the Easement provides it is a covenant running with the land, which attaches to the title of the Servient Estate and passes its benefits and burdens on each subsequent owner of each estate. Submitted into the public record for item(5) PZ.8 on 10/25/18, City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss et.al. Complaint Page 5 of 10 Plaintiff maintains the Agreed Permanent Injunction is clear and unambiguous and prevents Defendants from "interfering" with Plaintiff s use of the Easement, and Defendants' Intended Use of the Easement would certainly constitute interference, which the findings of the Traffic Study show is unreasonable. 8. Defendants maintain they are entitled to channel all of their traffic from the proposed development of the Servient Estate through the Easement. They claim it is their land and the Easement is non-exclusive, allowing them to use the Easement for that development however they wish, regardless of any additional impact or interference by the residents of almost 900 new apartments (with two or more cars each) and close to 300 hotel rooms with many vehicles, including, without limitation, commercial vehicles of all sizes. Despite the logical assumption that Defendants would have evidence in support of their position that their intended use of the Easement is reasonable and Plaintiff requesting such materials, none has been provided. For instance, Defendants have not provided Plaintiffs with a basic traffic study disputing the Traffic Study's showing of severe interference with Plaintiffs use of the Easement. Defendants are not landlocked and have right of ingress or egress with respect to the Servient Estate other than the Easement. In fact, zoning counsel for Weiss argued the existence of an alternate easement at a recent hearing of the Planning and Zoning Appeals Board of the City of Miami. Such counsel specifically argued Weiss enjoyed another easement she could use for ingress and egress to the Servient Estate over another condominium to the east of such estate (the "471h Avenue Easement"}. The use of that easement by Weiss would not "interfere" with Plaintiff's use of the Easement provided that Weiss appropriately scaled down the size of her Development Plans for the Servient Estate. • • • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk 131ue Lagoon Condo. Assn. Inc. v. Weiss et.al. Complaint Page 6of10 9 Notwithstanding the facts alleged herein, Weiss maintains she and her party defendants are entitled to use the Easement for Defendant's Intended Use and interfere with its use and enjoyment by Plaintiff, and in a most unreasonable manner. 10. Therefore, a valid dispute has arisen requiring the declaration of the respective rights, entitlements, and obligations of the parties. Chapter 86, Florida Statutes (2017). JURISDICTION 11. This is an action seeking entry of a declaratory decree as to the rights and obligations of the litigants under the Easement and the Agreed Permanent Injunction and Supplemental Relief, including, without limitation, alleged damages in excess of $15,000.00, exclusive of interest, costs and attorneys' fees. 12. At all material times, Defendants were resident, headquartered, registered to do business and/or transacting business in Miami -Dade County, Florida. 13. At all material times, Plaintiff was a not -for -profit corporation organized in Florida and headquartered in Miami -Dade County, Florida 14. The real property consisting of the Easement that is the subject of this dispute is located on or near N.W. 7'h Street and 48th Avenue, Miami, Florida. It is a motor vehicle entrance, with decorative entrance features and landscaping, running north from 7sh Street and veering left into the entrance to Plaintiff's condominium property. The Easement also has utilities running under or over it, allowing such services to be provided to Plaintiff and its residents. But for the Easement, the Dominant Estate would be landlocked. Even without the use of the Easement, the Servient Estate would not be landlocked. 15. The predecessor in interest with respect to the Servient Estate of Plaintiff was an entity or business association controlled and/or owned by a Cuban -American developer, Mr. Jose Submitted into the public record for item(s) P2.8 on 10/25/18, City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss et.al. Complaint Page 7of10 Milton, who has already litigated the validity of, and the Dominant Parcel's entitlement to use, the Easement without interference from Defendant. Caroline Weiss and related entities to a successful conclusion resulting in the Agreed Permanent Injunction. 16. Defendants' Intended Use of the Easement, the execution of the Easement, and the entry of the Agreed Permanent Injunction that form the basis of this complaint/petition, occurred or will occur in Miami -Dade County, Florida. 17. Therefore, venue and subject matter and personal jurisdiction are proper in Miami -Dade County, Florida. 18. All conditions precedent to the filing of this action have occurred and/or have been waived. COUNT FOR DECLARATORY JUDGMENT AND/OR ENFORCMENT OF AGREED FINAL JUDGMENT GRANTING PERMANENT INJUNCTIVE RELIEF 19, This is an action by BLC against Defendants for a declaratory judgment and supplemental relief, which exceeds S15,000 exclusive of interest, costs, and attorneys' fees, pursuant to Chapter 86, Florida Statutes. 20, BLC re -alleges and reasserts the allegations contained in paragraphs 1 through 18. 21. A bona fide dispute exists among BLC and each of Defendants whether their intended use of the Easement, including but not limited to providing the sole path of ingress and egress to approximately 888 apartments and 294 hotel rooms to be constructed on the Servient Parcel, will "interfere" with the Plaintiffs use, or otherwise violate the terms, of the Easement, or violate the plain language of the Agreed Permanent Injunction. 77. The Rezoning Application makes it clear Defendants are relying upon the Intended. Use of the Easement to gain approval for a rezoning of the Servient Parcel and, in a • • • • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Blue Lagoon Condo. Assn, Inc. v. Weiss et.a1. Complaint Page 8 of 10 circular manner, backdoor the Intended Use of the Easement through approval of such application by the City of Miami. It is counterintuitive that the approval of the Rezoning Application would override the Agreed Permanent Injunction, but it is also counterintuitive to argue that the City's approval of the rezoning application would not have a negative and deleterious effect on Plaintiff's right to use the Easement without the "interference" by Defendants that the Agreed Permanent Injunction prevents. 23. The existence of the 47th Avenue Easement demonstrates the Servient Parcel will not be landlocked if this Court enters final judgment in favor of Plaintiff or enters an order finding Weiss and the other Defendants in violation of the Agreed Permanent Injunction. 24. BLC and Defendants have present, actual, adverse and antagonistic interests in relation to the interpretation of the terms of the Easement and the Agreed Permanent Injunction as to Defendants' Intended Use of the Easement. 25. The adverse and antagonistic interests of each of the parties to this lawsuit are before this Court by proper process. The relief BLC seeks is not the mere rendering of legal advice. 26. BLC has a bonafide, present and practical need for a declaration of their rights under the Easement. 27. Plaintiff respectfully requests a declaration that: (a) the Intended Use of the Easement by Defendants violates or otherwise breaches the terms of the Easement; (b) the Intended Use of the Easement by Plaintiff violates the terms of the Agreed Permanent Injunction; and Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss etal. Complaint Page 9 of 10 (c) Plaintiff is entitled to, and shall be awarded by the Court, costs under Florida Statutes Section 86.081 and supplemental relief under Florida Statutes Section 86.061, all so as to fully compensate it for all of the losses and damages under Chapter 86, Florida Statutes arising from or related to the enforcement of the Easement and the Agreed Permanent Injunction, including to the extent legally possible, reasonable attorney' fees. 28. BLC has retained the undersigned counsel and agreed to pay a reasonable fee and. costs to represent their interests in connection with this litigation, and cause Defendants to abide by the terms of the Easement and the Agreed Permanent Injunction, WHEREFORE, BLC requests that the Court enter a declaratory judgment adjudging that: (a) Defendants' Intended Use of the Easement violates or breaches its terms; (b) Defendants' Intended Use of the Easement violates the Agreed Permanent Injunction; (c) a determination and award of the total amount of the loss and damages, together with prejudgment interest, if legally permissible; (d) a determination and award of the total amount of costs, and to the extent legally permissible reasonable attorney's fees; and (e) granting such further relief as this Court deems appropriate, just, equitable, necessary and/or proper, as is legally permissible. [THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK! • • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss et.al. Complaint Page 10 of 10 case. JURY DEMAND BLC demands a trial by jury on all claims, defenses, and issues so triable in this entire Respectfully Submitted, By: Is/ Patrick Alayon Richard A. Alayon, Esq. Florida Bar No.: 934290 Patrick A. Alayon, Esq. Florida Bar No.: 0111330 ALAYON & ASSOCIATES, P.A. 135 San Lorenzo Avenue, Suite 820 Coral Gables, Florida 33146 Phone: (305) 221-2110 Fax: (305) 221-5321 Email: pleadingsr},alayonlaw.com ralayon@alayonlaw.com ralayon@alayonlaw.com Exhibit „Are Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk 6/242016 Miami -Dade Official Records - Print Document ISM AUG 25 Plr 54 86R289744 129998 326 ;%EGLARATJQ, N OF Ef19EMENT THIS DECLARATION OF EASEMENT 'executed this L8th day of August, 1996, by INTERCONTINENTAL INVESTMENT HANKERS, INC., a Florida corporation [hereinafter referred to as "GRANTOR")) W I T _N_ E 0 9 E 'Liii WHEREAS, GRANTOR is the record few simple title owner of the two percale of real property dw etribed upon Exhibitor "A°" and Attached hereto and made a part hereof' and WHEREAS, eimultaneouely with the execution hereof, GRANTOR is executing a mortgage In favor of FLORIDA NATIONAL HANK, a National banking association, to secure a note in the origins/ principal eu4n of S1,600,000..00, and encumbering the real property described upon Exhibit "A" I"THE MORTGAGED PROPERTY"?r and WHEREAS, THE MORTGAGED PROPERTY, described upon Exhibit "A," does net abut or lie contiguous to any public road or street but is contiguous and adjacent to, on its Easterly boundary, the real property described upon Exhibit "B" i"THE SERVIENT P'RaPERTY") p and WHEREAS, in order to provide for, and to insure unto, the said FLORIDA NATIONAL BANK thereinafter referred to as "GRANTEE"), a right of access to and from THE MORTGAGED PROPERTY, in the event said GRANTEE or Ito elulecomsrara or &soigne ehotxld acquire title thereto by virtue of the foreclosure of its mortgage, or by deed in lieu thereof' And WHEREAS, GRANTEE would not make nor•diebur.W the proceeds of its aforesaid loan without the execution and recordation of this Declaration of Easement' NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and eufficiency thereof is hereby acknowledged by GRANTOR, GRANTOR DOER HEREBY grant , bargain. sell, declare end reserve unto said [GRANTEE, and GRANTEE'S successors and assigns, including, but not limited to, any purchaser at a foreclosure sale of THE MORTGAGED PROPERTY resulting from a foreclosure of blips:lMnvw2.mia+mi-dadeclerk,coralpuhlic-recordsfPrintDocument.aspx'QS=YaoUfOzxry3MRCvprh6POIPFHE91QHaciLljxElhlQJtsjgv7ORkHhuUm21-WV._ 116 Ei24f2011 Miami -Dade Official Records - Print Document U. I2999PG 327 Submitted into the public record for items) PZ.8 on 10/25/18, City Clerk GRANTEE'S mortgage, a temporary non—s.elusivr saw.msnt for the purpose of gmdFiat rLan and vehicular ingr.as and .grass and for installation and maintenance of public utiltles, whether uneasy -ground, surface level or above surface loyal, and for all other lawful purposes, in and upon, over, across, under and above a 40 foot strip of land lying within THE BERV1ENT PROPERTY idescr1bed upcyn Exhibit "R" attached hsrsteal, which 40 foot strip of land runs Northerly from N.W. 7th Street, and then Nor thwast.erl y and Westerly to where it abut % THE MORTGAGED PROPERTY idsscribad upon Emhlbit "A" attached hmretal, maid 40 foot strip of land timing more particularly da.cribsd as fallowmt That part of Tract No. 2 of PLAT OF THAT PORTION OF THE SOUTHEAST t!4 of SECTION 31, TOWNSHIP 33 SOUTH, RANGE 41 EAST, LYING SOUTH AND SOUTHEAST OF TAMIAMI CANAL, according to the Plat thereof, rrcordmd in Plat Gook 2B, at Pag. 10, of the Public Records of Dads County, Florida,. and described as 4ollow.i Commence) at the Concrete Monument sot in this pavement of Northlb.isst 7th 0trmet at the Southeast corner of. said BeCtion 311 thane. run North 01-- 3B' 30" East along the East lin . of said Section 31, thw same being the East line of said Tract 2 and also the zoned Csntarlins of Northwest 47tn Avenue for a distance of 40.02 feat' thanes West along a line bring 40.00 feet North of and parallel with the Routh lino of maid Section 31 for a distance of 1134.00 fast to this Point of $.ginning of a 40 foot %trip of land lying equally end 20 feet on each side of the following described centerline (shortening or sut.nding the side thereof wo as to createe a continuous strip of lend)' thence run North 01.. 4E' 30" East for a distance of 219.63 fret to a Point of Curve to the left! thence Northerly and Wraterly along the arc of said curve, being concave to the Southwest, having a radian of :S0 net and a contra.' angle 04 91-• 3E' 30" for on arc distance of 79.97 feat to a point of tangancyi thane. run West for a diwtanCe of 326.46 feat to a point of Lntsrsectian with the East boundary of THE MORTGAGED PROPERTY, said point bring the termination of said center line. GRANTOR dome further agree as follows' 1- Thm*rmcitale hereinabove contained ars trH. and correct- 2. Th. ..wean( hereby granted shall bscomr permanent and shall bw an wa..ment appurtenant to THE MORTGAGED PROPERTY, and shall run purp .tualiy with the land upon THE BERV1ENT PROPERTY, upon the GRANTEE, its succ.asors and assign m, becoming the owner of THE MORTGAGED PROPERTY, whether by for.clooure or by deed in 2 hltps:iwww2mlam'-dadeclerk.corn 1publlc- recordsfPnn113ocument.aspx7OSWYaollfOxxry3iutF Cv{xht3P01PFHE91QH`+2fgLtjxE.ihlQlts]gv70RkMlulUm2rteiNt.. 2<< 6/24/2016 Miami -Dade Official Records - Print DI ItEC. ►[. I2999?G 328 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk lieu thereof, or otherwiwe. upon the easement becoming perma- nent OW eforeeeid, the GRANTEE shall have the right to grant to a third party (such am A utility company, fire department, police department or any other governmental departmenta non-exclusive easement for the purpose of pedestrian And vehicular ingress and wgreee;and underground, an ground or above ground, a non --exclu- sive easement for utility installation and maintenance, upon, over, under, across or above any portion of the above -described 40 foot easement area. 3. Upon eatiefection And discharge of record. by an appropriate satisfaction of mortgage instrument, of the GRANTEE'S mortgage encumbering THE MORTGAGED PROPERTY, the sassment herein and hereby granted and declared shell b* deemed to have been terminated and cancelled. 4. The GRANTOR agrees that so long as thie easement is in effect, not to place any structures or improvements of any kind in or tpon or over the 40 foot easement area as described herein. LS. In the event that the easement hereby granted and declared shall become fully operative, in the manner as afore-• said, GRANTEE, its wuceessors and aesignas including any purchaser at a foreclosure sale of the GRANTEE'S mortgage, shall have the right to remove any obstruction which may now or hers - after lie or be within the 40 foot easement area described herein. 6. The provi si one of thi a Declaration of Easement chat l be binding upon the GRANTOR and its successors and assigns and shall be a covenant running with and binding upon THE EERVIENT PROPERTY. IN WITNESS WHEREOF. the GRANTOR, has caused this Declaration 3 hitps:Fhw,rw2.miami-dadeclerk,corn/pulalic-records/Print©ocumentaspx?QS=YaoUfOxxry3MRCvprh6P01PFHE9IQH%2fgLtjx EJhlailsjv7ORkHhullm2r JW... 3/6 • 6/241701F Miami -Dade Official Recorus - Print Document - . ti Ngg9PG 329 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk of Eas.msnt to be e>tecuted the day and year +trot above written. Signs -el, seal rd and dml i verwd �4H� GRANTOR!! .•``la .�Q.,' .. INTERCONTINENTAL INVEBTMeterr•a2� 't, BANKERS r INC. a� ir4 er I r i p4 5 s z Cry :.r.% i 7� "� By r� i -f k .. ti' 3r Carc1-i�v* Wei s�rr Prr+IFfd#.ri teD ;1-1 °.•. in the prrrfncs of STATE OF t~LQRIDA 1 as§ COUNTY OF DADE erl ............ avli The forsgainy} instrument was acknowl added before mo this 16th day of August, 1986, by Caroline. Weiss, as President of INTERCONTINENTAL INVESTMENT BANKERS, INC. a F1errida carparation on beriaif of the corporat My Cammisoian Eropt. roaI of y Pub at Larq M9ik>tY LO I is Mtn W num ■�arriistoitor. OA.'' ] R(Ylfl li IHp11 4f ILRRL M+• 1110. 4 tktpsliww 2miami-dadeclerk.comipu6iic-records/PrintDocument.aspx')QS=YaoUlOzxry3 lRCvprh6POIPFHE910H%2fgLtjxEJhlOdtsjgv7ORkHhuUm2/AVV... 4gG Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk 6124/2016 Miami -Dade Official Records - Print Document 129990 330 Attached to and being part of Declaration of Easement dw.tad August 10. 1966, •Macuted by INTERCONTINENTAL INVESTMENT BANKERS, INC., a Florida corporation LEGAL DESCRIPTION That Part at' Tract No. 2 et "PLAT OF TItAT PORTION OF THE SOUTHEAST I/4 OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 41 EAST, LYINe SOUTH AND SOITHEAST OF THE TAMIAMI CANAL," according co the Plat thereof, as recorded in Plat Book 28, at Paw 1D. of the Public Records of Dude County, Florida; Lying and being in the City of Miami, Dade County, Florida; and being more particularly described as follows: Commence at a concrete monument set in the pavement of Northwest 7th Street at the Southeast corner of said Section 31; thence run N OL°38'30" E along the East line of said Section 31, the same line being the East line of said Tract No, 2, and also zoned centerline of Northwest 47th Avenue for a distance of 40.02 feet; thence West along a line being 40.00 feet North of and parallel with the South line of said Section 31, for a distance of 1510.63 feet; thence N 0Y°38'30" E For a distance of Z45.10 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence Wes& for a distance of 593.67 feet to a point; thence N 01 38'30" E, parallel with the East line of said Tract No. 2 for a distance of 209.40 feet to a point an a curve of the South right-of- way line of TAMIAMI CANAL as platted; thence Northeast- erly along the arc of said curve to the left, being con- cave to the Northwest and having a radius of 1395.08 feet and a central angle of 29°56'41." for an arc distance of 7'9.11 feet to a point of intersection with a line 1510.63feet West of and parallel with the East line of said Tract No. 2; thence S 01°38' 30" W for .a distance of 60L.61 feet to the Point of Beginning. EXHIBIT "A" hrips:lhuww2.miam i-dadecferk.comlpublic-recorcisiPrintDocumenlaspx7QE=YaoUrOzxry3M RCvprh6PQIPFHE9IQI-I'/o214tjxEJhlaitsigv70RkI-lhuU m2reA1... 5/5 6/24/2016 Miami-DadeOfficial Records - Print Document Submitted into the public record for item(s) P2.8 on 10 25 18, City Clerk Attached to .end Owing part of Declaration of Easement dated Auguwt la, 1986, executed by INTERCONTINENTAL INVESTMENT BANKERS, INC. , a Florida corporation That part of Tract No.2 of "PLAT OF THAT PORTION OF THE SOUTHEAST t/4 OF SECT10N 31. TOWNSHIP 53 SOUTH. RANGE 41 %AST. LYING SOUTH AND S;JU'iHiaAST OF /AMIAMI CANAL, according to the plat thursof se racordrd in Plat Book 20 at Pao* 10 of the Pubic Rucordo of Dade County, F'aaridal lying and boring in the City of Miami. Dodo County, Florida. Commence at the Concrete Monument Nowt to the pavement of Northwest 7th street at the Southeast corner. of *slid O.ction 311 thence run N.01 38'30r'E. along tho East lino of said 01ctidn 31. tho same 11nr being the East line Of sold Tract Ni1,2 and also the monad centwrlln• of Northw.at 47th Avenue for a dletanee of 40.02 feotr thence WENT &Ioniaa lieu being 40 foot North of and pare)1r1 with the South line of said Srcti on 31 for 1114.00 foot to the POINT OF BEGINNING of tho parcel Cif lurid hereinafter dsscribedl thence cbnt 1 nun WEST along the loot described lino for 130.00 f eat r thence N.01 35'30"'M.. parwllwl ►+Sth the aaut line of said R*Ction 31 f`r 1 45. 1 0 f rntt thancs WEf?7 for 160.00 f sot 1 thence N.01 36' 33"E.. for 150 fort) tenee WEST 106.63 fwett theme* N.01 30'30"£. +c- +t 601.61 float to a point an • circular curve. amid point bear. 8.47 55' 12'W. for thw sinter of the fallowing described curves: thenC* NORTHEASTERLY along the art of said curve, being concave to the Northwest. having a radius of 1395.00 4brat and a central angle of 00 13'53" for an arc distances of 5.64 foot to • point of tangency; thence N.41 50'55"E. for .06.21 feat to a point of our've1 thence IJrrtnaiwtUr'1 y-Soutitwrl v al ono the arc of raid curve to the r 1 cl t , ccinp eoncays to the '9cuthwvst and ha.'4no a radius of 50.00 ;oat and a contras angle of 141 35"'05" for an arc distance of 123.61 floats :1'1Pnce 5..03 30' 00"W. for 306.21 fart to • point of curve r thence Zolthuaetrrly-Northeasterly along the arc of said curve to the loft. aelna concave to tn• Northeast and having a radius of 45.0:, fsse_ ant a control angle of 160 16'10' for an arc diatanco of 173.57 foot' ',hence SOUTH for 242.27 foots thence EAST for 154.92 +set" theme B. 01 35'30"14. for 245.10 feet to tiles Point of awglnninC. AND Traat wart of Tract lo.2 Of PLAT OF THAT PORTION Or THE 'SOUTHEAST 1/4 OF SECTION 3i. TOWNSHIP 53 SOUTH, RANGE 41 EAST. LYING SOUTH AND SOUTHEAST OF TAMIA?SI CANAL, according 'to the plat thereof as recorded In Plat prink 29 at Pao■ 10 of the PUOIIC FrrCordel of Pads County. Florida; lying and bring in the Cite of Miami. Dads County, Florida. owing whore Particularly described •a folio..et Co•..,.e.tca at the Concrete morm1.4nt *Not In the P&'. .nt of Northatat 7th-Street at -the Southeast Corner of raid S.ctl on 311 thence WEST along the South lino o4 raid section 31 for 1114.00 feat' thence 1.4, D1 3S' 3D'E. bar al l el with tbs. East I ins of said See-tl ou 31 for 283.22 • ...it to tn. saintOf bnDinnihp of the parser of iantl nereinrftur deacribedl thence WEST parallel arlth the South lint of said Section 31 for 134.92 feet' thence MORTH fpr 242.27 fast to the lgtererut'.>vn with the arc of r circular Curve, staid point towers 6.66 46'I0`E. iron tne' canter of the, foliDag nq n^"rribed curvr1 thence NoiiT1EA9TEP+ °' a1 ong se, arc of .F ^id curve. bring concave to the, Nrtt...est. having + radlua of 4Z feet and . contra" angle of 14 43'So- for an arc dletanc• of 11.57 fast to a On1nt of r.vsr.e curve" thenc* N0F4TS&ASTE.ALY along the arc of said tury4 belong concaveto the Southeast, having a radio*, of 190 feet and a central angle 4f he Q7'27• dor an arc di stance of 2Z-5. 43 feat to a point of cocla0..4nd. curva4 thence EASTERLY -SOUTHERLY along the arc 0+ e4i0 Curve, briny Concave to the Southeast, having a radium, 50 feat fend a. cwntrsl angle p4 90 57'11- for arc d'rt.wnce of 9b.35 !wet to a point of tangency' thane. 5�P4 32.49"E. for f54..1i; fart to a point of curve of circular curve to the 1afti th.ncr SOUTHERLY -EASTERLY a1 one the art pf ■sl d curvr. being cn.cavw to the, ►iorthwanta ha.rinp, a radium Of 45 feet anti a central anq) • Of 73 27,00w for an die twice oaf 57.6f9 feat to a point of tanpancyl thence 12.77.39`37•'E. fur 65.t7 font to s plaitnt of cur vs 04 • circular Curve to the loft) '.thrncr EASTEFi_Y-.. NORTHEASTERLY, •loop the arc of .aid curve. beans- CvnCava to the North. having a radius of 33 fret and a csntrl .snQSr of 52. 4.e430. for an distance of 32:L2 #anti thence S.4O A.4."4'ti'E. along a line radl al to the 1 Wet deacr ibe4 turves foe 31 .rZ2 feat" thane. EAST for 170.3E fret; thence „SOUTH far 142.17 faoti thenyr WF.0T fvr 3111.03 fart to ties point cif brpiftininG- MOM DID r $ or..cru .Kola •x4 ur was CW.'TY, r 10...0.4 1.4[0.0..l. Ir.ti RICHl4RD P. SRtN CLERK Cr1.tWI Com httpsllwawa2.rn lam Fdadeckerk.cornlpalls-records/PrmtDocumeni.aspx7QS=YaoUrOzxry 1Rf;vprh6POIPFHE9IOH%2fgLIjxEJhIOJtsjgv70RkHhuUm2rx.M... 6/6 Exhibit "B" 1:1;°C 3734 BLUE LAGOON AIRPORT CLUB APARTMENT, a Florida general partnership and JOSE MILTON as managing general partner of BLUE LAGOON AIRPORT CLUB APARTMENTS. Plaintiffs, VS. INTERCONTINENTAL INVESTMENT BANKERS, INC., a Florida corporation, TOWERS OF BLUE LAGOON I, INC., a Florida corporation and CAROLINE WEISS, Defendants. Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN'AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION ' CASE NO.97-00975 CA 15 i , RECORDED — NOV 2 4 SW, yt & tetko!Clr it Coanty Courts AGREED FINAL JUDGMENT GRANTING PERMANENT INJUNCTIVE RELIEF This cause was scheduled for trial on Tuesday, November 18, 1997, upon the issues raised in the Plaintiffs' Amended Complaint, the Defendants' Answer, Affirmative Defenses and. Counter - Claim, and the Plaintiffs' Answer to the Counter -Claim. Counsel for the respective parties having agreed to the disposition of the case and the Court being duly advised of that agreement, it is ORDERED and ADJUDGED as follows: OFF REC BK 17877PG1987 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk 1 1. It is the intention of the parties to adopt and to incorporate by reference this Court's findings of fact and conclusions of law set forth in the Order Granting Plaintiffs' Request for Temporary Injunctive Relief dated January 24, 1997 and to make the injunction permanent in nature. 2. In addition to the findings of fact set forth in the order granting temporary injunctive relief, it is undisputed that the Defendant, Intercontinental Investment Bankers, Inc., transferred the property identified as the ' Servient Property" to the Defendant, Towers of Blue Lagoon I, Inc. 3, The Plaintiffs' request for permanent injunctive relief set forth in the amended complaint is granted. 4, The Defendants, Carolina Weiss, Intercontinental Investment Bankers, Inc., Towers of Blue Lagoon I, Inc., or any other successor, subsidiary, or affiliated party and their agents and employees are hereby enjoined and prohibited from interfering with the Plaintiffs' right of ingress and egress to and from the property set forth on Exhibit A attached to the Declaration of Easement which is the subject matter of this action. The Plaintiffs shall be entitled to take all appropriate steps to obtain access including, but not limited to removing any obstructions, fences, structures and obstacles in order to gain access to their property. 5. This permanent injunction shall remain in full force and effect. b, The Clerk of the Circuit Court is hereby directed and instructed to discharge the injunction bond posted by the Plaintiffs on February 7, 1997 and the proceeds are to be returned to the law firm of Lapidus & Frankel, P.A. as counsel for the Plaintiffs. 7. The Court shall reserve jurisdiction to enforce full compliance with the terms of this permanent injunction. 2 OFF REG BH I78771°G1988 Submitted into the public record for items) PZ.8 on 10/25/18, City Clerk 8; In all other respects all of the claims asserted by the Plaintiffs against the Defendants and the Counter -Claim asserted by the Defendants against the Plaintiffs shall be dismissed with prejudice with each party to bear their own costs and attorney's fees. DONE and ORDERED in Chambers in Miami, Dade County, Florida, this 1 l q day of November, 1997. Circuit Court Judge cc: Robert P. Frankel, Esq. Bernard S. Mandler, Esq. 3 OFF RFC BK l 7877PG 1989 • • u -H H rri • --A TOWERS AT BLUE LAGOON 4865 NW 7TH STREET, MIAMI, FL. 33126 • . I • • • f:J. /,` UE - MIAMI, FLORIDA ArA Avow 1:MAINIA Or ES. Pnc,ADVA Avd Nig.° A.A Dr,r Tralo .1 b. ,11,1 Irtrml comorl RCM Al,..,AAr GAO A.r.er • CANNER LANDSCAPE ARCHITECT ARCHITECT • • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk DRAWING INDEX _ 44• . • ww Irma • • COnli P.O.E. ai. • ...a, 11...,..1A.8 • Al o: .0 a.6e+,11.. ■ .. 16 Luc mows • c.u. W. o.Le...1a1.. • .,.w L.11.1 Al..... • ...na Conn. worn • ..a C81.011 morin• ..a. 27(.1.1..aias - • •..a RN.. • ...w M.O.. • .1.10 411 • .1.11 ..a. • ..4.5 • .1.I r [COLS • ..mena • ..13 Ws • ..6Pw5 • a.11, r+.J.i1MR. .,ssxc • Al. crw. .Sw.w • u67 WE PM • .S.aa I.S6 1 - w... • Al. ux. .x - I[LLw+c • uW IVnx n2041,0+ • w.or 4611 s MO. 1 .11 • Al. .6 4 RI. n... ■ 1m 41.16 41....• • w8 a.a • now 6/11 • MO, 1.6 a 64* = NAMIRS • cool lnn • noa n.. • uA. Imo. 2 - .nxrts • $2.0 $0. 1a-1S • w.11 113* r• • MA.? !Mk PIY. • ...w F'NM . 16RI11 411111 15 ■ Ma. Sar • OM ucr....m ■ +.AP NAM Cl[r.M. Cri..4 • .0N5 SNMSFA [1iv2-2.1i1 M.Is ■ M.{M CMMRP 114*4 ix MKS • ma, [.4M3P 110'.340. rem, • waa 11..1.S SLcna1. A . • 4,a.1 I.C. 4rec4 •-1 • LAACVAPE ON. 6R0 • • 1-1A4 R(ig4. 0 33*104s^4 1L181[. NA. • L-1111 LNr M. (0434..u. • 4...1a; LNmei.0 PIYN PI11•.CL.ani . .01.5E n • 1-1•7 u1c.[w[ nM P111..204m - cost . • 1.1n1 RAM N.G.. - 1.A[ $ ■ I .LooacArc .6141. 1.17111 • SS1NI • 1.-21a 1.1.61 00 If NC.. •vf{ MVO • L•9111 MAO NA.Iffl 1w44 [1.CC4 . Pp,01 • W0044 P% NOMA a 6.4.15 . L'. �1 1 • 1607 o o 0 w a J 07 u1 0 Z a .REZONING PLANS SUBMISSION (03-05.2018) • E (Oa! K+RP ECCftCTURE L O PIMP N+G 0 ' AviAM ASO rr-Mil 4 Ii N v PPAW NCOAMA CCP JAtSIF_-YaAxessfwlvnu tal.11a3a fl AREA OF WORK t • Le P :le werP PP I a.10153T1t USA++ V verse IMPfKSI r1 ,V114 fe,�nP PPP. f1; 1YiP AAp PAI11aIIG MATRIX r-- 54. n facww, wn,A Papua T wcwima.lal n1 WIMPS WILWATA x + _ WAAM[Mutlu4T »PI A' “114 IAPP3 mule rfr+ulmt/m A .00+rMap Is rtA«upn uln AK. alrl+ w+mi. Ili6gTlIPLIIW1IiI I +a++RPI PIP .M MU n.. ay.•.e. [ .. pp... In *4.0 q,t-P w•..4 ..+e.rwni+.P unr.rt% ♦df KS R041Wf.Mrr1RW+ W W IFPNpnwrs. 3 Rt gyyl [A+(rlli r.WuitiMM�•. sPTIL ra WAWA of flue, u PIP. 44 LIP MN , KIP PII•WWWI+W w, 1MA u"1 .144 • ppas•.asw. II 4 VI Is pas A ts LP Pi A ....A.,•.l•a.. POP MP OPIWAIOF .t.PfV.wrW.lwur OR1A1!AY 4-0 rWrr.rffir Ps1.0ie rr l ar ua. +a+mr +WRA, FpA4if31++W sIM WK. l'ra+N ,ap�y S./ WeeSe1*If Pe PAWN* WWWWWWWW1 1110W41.k $SN LW f1 i wrap rl. 1r1.AWRe/. ifWvhf WA+ PPS rn IpssfiPAPPI 110V 14 PPS • rW+11a PP Is WV.* WOWS 11r1.S P. 41614.1 *PWAP1 li1RNN -.Wm* wrier+ne, PVIPsFPI walir+m MS ea +we • AMP, PCSIN PPP sI APP. PP PP 41. PPP +r+w+v PP IP d+ir /1 BLUE 1607 PROJECT DATA PROJECT DATA NJLIJ Al .00 cc • • GROUND LEVEL (RESIDENTIALIPARKING) 109,577 SF i Z , LEVEL 1,5 (PARKING) 63,577 SF ir:aff:r.. Fr-, LEVEL 3 (RESIDENTIAUPARK NG) 160,519 SF irk LEVEL 4 (RESIDENTIAL/PARKING) 161,046 SF r, ,, LEVEL 2 (RESIDENTIAUPARKING) 152,105 SF LEVEL 5 (RESIDENTIAUPARKING) 160,519 SF Submitted into the public record for items) PZ.8 on 1G1 25 13, City Clerk • 1607 FLR CALCULATIONS z ,.. .... 27 DAM N.. a N A1.01 (1)°4 LEVEL 6 (RESIDENTIAL/PARKING) 141,544 SF LEVEL 9 (RESIDENTIALIAMENITIES) • LEVEL 7 RESIDENTIALIAMENITIES 92,193 SF 81,170 SF Ank0 LEVEL 10-15 (RESIDENTIAL) 408,680 SF • kei IT LEVEL 8 (RESIDENTIAL) LEVEL 16 (RESIDENTIAL) Submitted into the public record for items) PZ.8 on 10/25/18, City Clerk 92,731SF 23,804 SF 1607 REZONING PLANS SUBMISSION (03-05-2018) • FUR CALCULATIONS Al .02 'ZiI' NW • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk SP Web CV 0 LOT COVERAGE & OPEN SPACE `.:ALE N.t.S • _REZONING PLANS SUBMISSION (03-05-2018) z 0 w 2 J a7 LOT COVERAGE & OPEN SPACE A1.03 • • MIAMI INTERNATIONAL AIRPORT DOLPHIN EXPY BLUE LAGOON SITE MEMORIAL GARDENS MEMORIA!. PARK DISTRICT CONTEXT HILTON MIAMI AIRPORT - T4 STOREY BLUE LAGOON NTS CONTEXT AERIAL VIEW VISTA AL LAGO CONDOMINIUMS -2 STOREY SITE w SUNSET VILLAS PH III - 8 STOREY YOLANDA VILLAS CONDOMINIUMS - 8 STOREY N 33 BLUE LAGOON CONDOMINIUMS 6 STOREY o yi mF SUNSET VILLAS - 8 STOREY MOON TOWER - 8 STOREY a7 HALE MOON TOWER - 11 STOREY VISTA LAKE CONDO - fi STOREY NEIGHBORHOOD CONTEXT Submitted into the public record for item(s) PZ.8 an 10/25/18, City Clerk a z .. ,... Nis Z a,+. wx¢.w ,. 0 A1.04 • • • rift mark, • •• • • . • !.1..1•OLFINruk,:i. Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • er • 1607 CONTEXT PHOTOS 4 0.7 z 0 S: sep 0 ...II. z CONTEXT PHOTOS A1,05 I %Inv BOUM FROW ELur INGOCNncr.ss POPO 11] VIEW Di FROW NENE/ MOM WIPPOIO %EV PLO.: !.:71 ;YEW EAST FOt. aLGE 4,71,4 .1i.1)17/iTANIZE TO fl4rf LALOO{ CONIXIMINIUPIE Submitted into the public record for item (s) PZ.8 on 10/25/18, City Clerk 1607 z 0 o le CONTEXT PHOTOS ; rAf a Wsi iz 0 z CONTEXT PHOTOS2 A1.06 • rITE CEHMAL ITE wrRom iiivr&N mum AiRpoRT IF STE +MA' TOivARD BLuE LAOCOR CONOomireur.i N SUE NOP/114057 vIEW Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk co 0 5 0_ ; A o o < 5 CONTEXT PHOTOS lainfoMA MM Z ,MMMY3 IM.N me CONTEXT PHOTOS0uiN Al .07 cr BLUE - MIAMI, FLORIDA a The fiat pa l Vvnded byeob Fap O4.014441uf pna 141440r o.tr eie 16 41 WO 1:14444+01c(k [1XD :fvec: aw , 4.+4r +47414n t^s 4tewaft prorAk1r*44 rvM be used .AMu1Ra •G"n0Mww!!an [vuen404 Fed Ferri • Submitted into the public record for item(s) PZ.B on 10/25/18, City Clerk z o g o (9 J 69.E x J 5 J " CO a_ RENDERING RENDERING LU Al .08 • C tPc wg1 0":"/.7tP"..0.1b obC* '2,0 "'CM" V1.70"c PcINOV .e.0 Sap Ardsd•reunt ono Enremx Dewy TO* act proCKP anmied.rce. compni PO. IWO A.:fticsbiro End Ink.0 DiVitrt "qr (WW1 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk 1607 aaTilaiLVE CL z z RENDERING N A1.09 • BLUE LAGOON- UTArri. FLCkit#A • rw. r wr.....,.vww. . row.ro, w:..w :w•,g. rwwo...n,.......M>«x..m e-n l • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk 0_ 16D7 RENDERING 0r M. z.o.. RENDERING Al .1 O a • • • GLASS W! ALUMINIUM FRAME STUCCO CLIMBING PLANTS sw isst Submitted into the public record for items) PZ.8 an 10/25/18, City Clerk EXTERIOR PAINT SW 7075 EXTERIOR PAINT SW 7551 n'TAILS & MATERIALS 1607 DETAILS & MATERIALS A1.11 • • SW TUTS SW 7551 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk GLASS W! ALUMINIUM FRAME STUCCO WALL EXTERIOR PAINT SW 7075 EXTERIOR PAINT SW 7551 S SUBMISSION (O3 OS 2018) 1607 DETAILS & MATERIALS . we I, Z DETAILS & MATERIALS rOy Al 12 • • • GLASS W/ ALUMINIUM FRAME STUCCO EXPANDED METAL MESH RAILINGS EXTERIOR PAINT SW 7075 EXTERIOR PAINT SW 7551 SW IC,S SW 7551 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk W r4i E !y 1 31 �, ill jI.11111 i DETAILS & MATERIALS A1.13 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • • ARCHITECTURAL MASSING w Al 14 U2C1WI •1111MIIL/16 '1I [ • 7BLUE LAGOON- MIAMI, FLORIDA • Submitted into the public record for item(s) PZ,8 on 10/25/18, City Clerk • 1607 ARCHITECTURAL MASSING Q ARCHITECTURAL MASSING r�. A1,15 YY I i��E1 • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk O 0 z 0 co m N z 0. 0 7 Z SITE PLANK SCUE. fla .c 1607 o.Qec.• MIT A2.00 • Submitted into the public record for item(s) PZ.8 on 10/25/18„ City Clerk • 1607 w LU 2 :1114,41 cr) .111.1111 Ci) - Z D... z Z bAlt LEVEL 1 trpi A3.00 OFF SITE NEIGHDOPHOOD IMPROVEMENTS LEGEND i1°wavi't��l�t:,PiY'G� n•.e.�se-.•:.�w.E 9�;.a..,,,.�.. G.i xa 11 IMPROVildi UT • NEIGHBORHOOD IMPROVEMENT LANDSCAPE KEY PLAN Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk FOI^.ERS AT BLUE LAGOON TRI Oi AMANI NPIIRING E IW PLANS REVIEW Y "'HRISTOPHER CAWLEYICC '"). .u., [a•I'± i ENDS APE R IITEGTERE LI.; ILA Pr-. ' :.1 .. t a . ,S"",.,. oa � w- � � siib 9s5 ,blF i ,y ., aarlar-eaa. 1607 z o s m L2.OL4 r • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk. Exhibit .12• R„ e 4, re 6i ti CITY OF MIAMI HEARMHG EIC RADS PUNS RLNIEW r. 1 .r Frr w.__ arvt M i6r rr•1•Mq _er t+l• I'l M. • Z LEVEL 1 fl ,,:mot ..ah: •-0. —J `3 W J .1.,;� 1' A3.00 12 311NMY Fat r MN Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • e 1 607 z 0 0 'ye LLI g co 0 LEVEL 1.5 N A3.01 SC:04.E 1-.4 ct • • 4 3 NN3AV HI/0 MN z Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk 1/4 6-3 CP z 0 [7) 1,14, 5 0 LEVEL 2 1N1 A3.02 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Il1ii111111l111! l�� 1111_IJIIIll1111]I!1111i • (ry ., wino 2 LEVEL 3 0 A3.03 ,CAE 1'4.411,P. • 5 315N3AV HIL*MN L., aiiiiiiiiiiiiiiimilliliti rii amumminna-L-1,:annurligrja:rtr i!..:-,,, L — r -. .1- .—, L-,-I , _J Submitted into the public record for item(s) P2.8 on 10/25/18, City Clerk 3 1607 I 0 0 0 co -Do c/a 0 - z LEVEL 4 0 ny A3 04 scodi 3nN3AV alit MN • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk II 111"111111 I11111111111'.1 1p 1 _ 17_r1.7. ~111�1IuI11i11111i11R111IiI1 • 3 1607 z ,. ,... 2 an LEVEL 5 N A3.05 KF. i-+�dtr w • f7N3n7'HJ1 P MN • 1I!IMNIII1 1 '! 1 !1 it r 11I111111�1911111111111111N 11111111111 MEM yF Submitted into the public record for item(s) FEB on 10/25/18, City Clerk Z LEVEL 6 O W L.'; 1607 A3.06 3f1N3AV NIL9 A•N • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk - 1-L - - •-• *Am *— w-o o-w r-. 11111 IWO • 0. 1607 LEVEL 7 - AMENITIES YL Mel �y .ni rbiw Ai. LEVEL 7 (AMENITIES) A3.07 -c E` 0.,i2 • • a 311N3AV Ntit Wd Submitted into the public record for item(s) PZ.B on 10/25/18, City Clerk •■ r a S a a r ar1r*r■..... rar■au... 4 19 -r � rs 1r. `r. i a-i -.i=mot HE Yi •-rrr -i.r- _-:-text i i • -.-'� fl{ • 1607 0 a.....- z w..,,.. LEVEL 8 a A3.08 r * 3f Y NIL9 MN r. .•.. J'_J��L1�L Submitted into the public record for itern(s) PZ.8 on 10/25/18, City Clerk 3 LEVEL 9-AMENITIES WALE t..4V N (03-05-2018) 1607 LEVEL 9 - AMENITIES • A3.09 • • 13�1S N1[MN nN3A01. NEL4 N•4 Submitted into the public record for item(s) PZ.8 on 100Z5/18, City Clerk Sl JFRMiSSION (03-05-7018) 1607 LEVEL 10-15 A3.10 3v1N3AV H1LPMN Submitted into the public record for item(s) P2.8 on Pp 25 X8 City Clerk • 0. L7 z Z "MD ROOF PLAN rsA3.12 ROOF PLAN Note V1r13Atl H1LP MN • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk .. � .; a m rt e e e m 1111111111154 ifig-31Ma e 3 U'. G Lr z c Il. (!. c z z z LEVEL 16v • 1607 • A3.11 • • Submitted into the public record for item(s) PZ.8 on .101/51A, City Clerk • EAST ELEVATION scKc,-=.vu z oo Q J m M. EAST & WEST ELEVATIONS WEST ELEVATION© A4.01 Ke ,. cc SOUTH ELEVATION scAat t--s t-1."--f" r'_"m.A r"+'w r..—.,r-i i wr,I Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk • NORTH ELEVATION nwOi • 1607 A4.00 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • GLASS W/ ALUMINIUM FRAME STUCCO WALL CLIMBING PLANTS ON STEEL WIRE EXTERIOR PAINT SW 7075 EXTERIOR PAINT SW 7551 ENLARGED ELEVATION MATERIALS 1607 DETAILS & MATERIALS 0 L A4.02 • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk GLASS W/ ALUMINIUM FRAME STUCCO WALL CLIMBING PLANTS ON STEEL WIRE EXTERIOR PAINT SW 7075 EXTERIOR PAINT SW 7551 ENLARGED ELEVATION MATERIALS • REZONING PLANS SUBMISSION (03-05.20 1607 ❑ETAILS & MATERIALS A4.03 • Submitted into the public record for items) PZ.8 on 10/25/18, City Clerk • SW 7551 GLASS Wl ALUMINIUM FRAME STUCCO WALL CLIMBING PLANTS ON STEEL WIRE EXTERIOR PAINT SW 7075 EXTERIOR PAINT SW 7551 ENLARGED ELEVATION MATERIALS REZONING PLANS SUBMISSION (03-05-2018) • DETAILS & MATERIALS A4.04 • i uuulnhllllllnmuflhlulllln 111111111111111111111 III1IIHllhIIflHllIHHI IlHllH1III1NII-IHIHhII 1111111111111111 uuiniiiuuiiimmimnm. II1IIIIIIIuIIIuuuIIlIIIII'I 11111111111111111111111 1111 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk ISW 7551 EXTERIOR PAINT SW 7551 STUCCO EXTERIOR PAINT SW 7075 GLASS W/ ALUMINIUM FRAME ENLARGED ELEVATION MATERIALS • NS SUBMISSION (03-05-2018) 1607 z O �R o= o co DETAILS & MATERIALS A4.05 i 0 • a ate_ gaiit r • Submitted into the public record for dtern(s) PZ.8 on 10/25/18, City Clerk 1 SECTION A -A (l KEY PLAN 0 z 0 1607 SECTION A -A PIx A5.00 CC • • • • 1171. - Ell 7 r l ■ ■ r. el4 •--= *1a ■ ®�4EMM ■ ®IF ME ■ice . ii ■i los NNINEANN �i •� �lS;L i!10P nAr.ki Horne • .�.ara.«. m, o n.cun AV a, NANO --�-NA. , J SECTION B•B r y, Submitted into the public record for item(s) P2.8 on 10125118, City Clerk REZONING PLANS SUBMISSION (03-05-2018) 1607 SECTION B-B CAN ANNAN. At A5.01 PHASE I O PHASE II .10110 MERL._ aE..LLM,10695 NTS TOWERS AT BLUE LAGOON I PLANNING • ZONING LANDSCAPE SUBMITTAL E*I$r,Pa V{0 ET.TIDN SU HHRRY 1110E 0 SHWA Tna nw rrw,n..v++„n rr.d e...nr..a. w..a.«e or row. ww.r.nNye w...,.x Pot ...Mewn..n.r..$..a.. W. f•�F,.., {Alum P.r.+P. wan... manna AM P+=..nu .n .camp ono d... .w .... nsa .P.a+•.010 .e a.m. M.P.,..a ,.. w.yrw r.. N P+.. Jed mew wow., r«... ow pine S .0..or o. w. Submitted into the public record for item(s) PZ.8 • on 10/25/18, City Clerk ▪ �ra..,P. c... Pad.. Shaw Iona. • n..rr.r..Pvx n.rwP N......M L. I..tl.n.P.r... Pw• L.n.... L..an Ran PP.M,..t Pryp..n... Mpnn•.wr. �r.r.p Mr, Plan • H+pm...n.p ..1..a.w.u+..a+.+.h.w.C•H -.nand • H......,aP.w...n.w lewd L 1 Rya WA. Irna,. Tarn. Pba CHRISTOPHER CAWLEYICC LANDSCAPE ARCHITECTURE LOC LA rap nit L.ger•w IpSolo II. Iu 1607 z 0wg Oda Lu CO COWER + SHEET INDEX L0.00 • • Submitted into the public record for item(s) P7.8 on 10/25/18, City Clerk RENDERED LANDSCAPE MASTER PLAN PHASES I, 11 Mks -EN SITE PLAN LE ,END ati.....,6.wA+nLO+Isn...,.,.wuaur.,Mc. c.M1v01SO1 CHRISTOPHER CAWLEY ICC LANOSCAPE AACNLTRE L CT1EC LA 1607 L.1.00 WAY • PROPERTY LWE rPl. LIR Submitted into the public record for item(s) PZ.8 on 10/25/111, City Clerk SHALL TREE P _ P•WTAEU P . IIwir3...�er r I I h 111�►r iM I Iri1111141 1111111ill , . r111111M40111111111 PHASE I 41.0 liklii7 tp „0 1 0 Ip 4 ?cog*doe 'Ia 11 _ �� p ht poo lip • PALOP TRIES T P BE PRO ICCD.. W E PI+r. T LRT Ca. SaCET L10.E1R Sate sSELECTc. LANDSCAPE MASTER PLAN + LANDSCAPE LEGEND • W E CAPP TRI1 T. P s PROMFE. aEEE Paz, us, UN SP,EFT OLe PLR SPIMS%LU Pw •RA44 ME( T P . CKS WIE 1 LANDSCAPE LEGEND E-.., to- E9nrsa TTL L-U s...r� yt1L •�J.w • M+v...•a..r..+.a.,rw...r... mrp AK�M IrP1 Rm. . 4144 A 'mwu. .rwr....w.o•.r..iy JI M • _aems.... 1 %ay. I.• e... ...►.. LC, . • Po...•r +P. •.......•w w..., ...t re. Po..... mtg. tea • :wa.w.•.+P+.s r«.«r...a. 11.. I C r..T..r..rrrn. a.. _LULL __Mt_ CHRISTDPHER cAWLEYlCC LAROSC APE ARC.II TE CTLRE .LC I LA `� v IvaE.•ii.Sr...i l "" c.�.ev ereeelr. e.. 1607 I L1.O1 • (H M. mauve 1.11.10131 a 0 }LANDSCJPEPLANLE ENO Cora :n IIARDSCAPE PLAN Submitted into the public record for item(s) PZ.8 on 10Z5 18 City Clerk CHRISTOPHER CAWLE1ICC LANDSCAPE ARCNITECCIIRE LLC I L A r IPL.,i..141* I ....a.m M .... .r..p.. • 51 1607 NARDS APE PLAN L.1.01a AT RAJ( STREETS"' PLATETNTS AREA ELAATOTIP_AiA pRopERE compoSEET tC TIARA 'WE AAP SWEAR SCREEINNO PALM TRES LIRE) PEDESTRIAN TOROAARCA PAPPErAr MATCH LINE RE ER TO PHASE 11 SHEET L Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk P.I.ht ACCENTING E eCREETCE TOPEKA. DECK ARES caTKPEP LAPC..k .TARVE XV45 OPEES ENTOSZAKO PON. DA .AP_A PAJ,ke TREES AND TFEOPE:Al AROUTIDE4WERS LANETSCATTE NEPA LANDSCAPE PLAN ENLARGEMENT: PHASE I + PHASE II PARTIAL THE PONT EASSIVE TECTEATIR,. 2,66 MOT LATER ALWO SETTERS§ SPECIAL PAATTC r.n0 LAPOsCAPE oTPEAS - pOssEETE TCCAlson ESA SCLERTLETE r APT EUESTERS -TREES T. AANs TO ENT POSSSE! SOASALTRE SPACE SITE MAP mr„m I CHRISTOPHER CAWLEY ICC LANDSCAPE APLIIITEETURE LLC I LA tie PIE 22 3212 I 6.2. 112 I 223. 2k 2 r roAETAil.EA WHET1101,9E.2.223,2• 1607 frt[1.1119tf WPM L1.02 • • SITE MAP v!.nCwwR PAN1G PATTER", TO (REED fCTO f I '� ADJACENT M E LAGOON UEVEewuEriT �, SIRJECT TO RENi..00R APPROVAL N.I.S. LMOSSAPC WTrER SCALENflG M.W. Tip SNli[T SPREE MARE. PAWS. RCM/ERNS TREES . TROPICAL CAOUMO.COVERS M,W v rN STREET ENTRt SOEWALA To EDE0 SPECIAL PAVWG OERun PATTERN POSS.ULC LOCATION FOR.SLUUPTRRL ' ART lurP_11.3 A' rs_UE I.AG ORESCAPE p NTIr. TONEA;' ATLANE LARDER EHTAIROX WORN rtA MG PAINS. FL+JY:ER[NG TREES r •RCPI JAL GR(AW' PHASE III ENLAR EMENT L.fcs[APE pRaP 0PP AREA POSSOILE LOCATED, rOR SM APrIRE FART • MATCH LINE - RE ER TO PHASE I! EN:. LAR EMENT ON SAME SHE Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk STREET TREES PLAnmr. AREA ASP.P&T VEHICULAR CERCULATION VNIoSCWE IAA TER RICOEAR PA"WO PATTERN TO ALEEONTO ApALCENT SLAM, N1As DEREsaPAeRr. SWAGE TO NEIdBOR APPROVAL EEO ATCH LINE RE PHASE II ENLAR EMENT PARTIAL LANDSCAPE PLAN ENLARGEMENT-,-�--� PHASE II PARTIAL + PHASE III CHRISTOPHER CAWLEY{CC LANDSCAPE ARCHITECTURE LLC I LA SEE.a E.au I ...,[not ..rn..e.......... • 0' G fl 1607 L1.03 rorro OFF SRE NEIGHBORHOOD IMPROVEMENTS LEGEND C 1 u#Sri VILLAS Ex1RR'ACE IAlROYr.I¢x.i 1.IY MS • Submitted into the public record for item(s) PZ.B on 10/25/18, City Clerk CA) ® maeer.u.,ia •AaI .101 Mx.aw. Maran CHRISTOPHER CAWLEYICC LANDSCAPE ARCHITECTURE LLC ILA NEIGHBORHOOD IMPROVEMENT LANDSCAPE KEY PLAN f ^�1 , eAeew. s��` r.eeww "xe.. r rvns��I..R na.ar......r ..'. • • LANDSCAPE NOTES rrrostrrs Near armor max no rriTNLINFer. • r.x.rNFEnrorPrIVI. .N...119.o.pre.N.5 NOV. Fogg or -WNW MI maditspetimpl NWT. i•Crn eirt a io-.N.w ra",,.""ev+"�-.i"0� FIALN+Ore,.. IN n%„, ,mwavnoNP s. TM nrryer moo row�wmr•x...w n.`.ra`wrH rni.`•Ncg- moon CCIPMRALTOWWW PROWL .T...o..n-.a...w,�.sa»,row`.`bor.:.u`�iTe r,aro.,r.,a. "Dr n4.Sr,. oug. Qom Nona. oroton-rrroro am NAN to Olio NYE Four. .nor. obleliNutrear wok .IN...Tira WormorN ,u05 .rN reN.M Uq...rq.}.. qrx M LOW.% • _ NIAN NronNio •Fro or out Oo. rr WMxM wnonwm xn nmicocti.rNaINNI mire MN.f d.i.tradrrwd.o, MNieratio Uot.florr !Pk Ali PI OW* frooN.O.IN *Nor N-Nararrrcrootrra.....rf NON If FM. ..rrarn mro1.0 ssoiNodlcwTurchor t m nc n! oNLrrR sawoNT1a mmaRM.:... Lt.N.inc N. re roto.a.0 EL Low • PALM PLANTIN] DETAIL ❑ROJNDCODERPLANTtKC DETAIL PLANT LOST JTOWERS AT GL'_lE LAIIOON • NS WINFRNerroNotra Norm Moe. N. r.n I •ss+.............. Pt kap NONA WI NW hen OW WM. WWWWWW NO No rtral Ogle lama • w.a TOTAL TREES PROVIDED NEETS ANDExCEEDS CITY OF MIAMI LANDSCAPE REOURENENTS SEE LANDSCAPE LEGEND ON SHEET 4.4AI Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk No▪ rrormForN FAN -Nan ma orr,•Nroorlrborr. INN roorronordorroNaN row Nora,. pra ir sr.▪ .. NNOINd WRNS. TREE PLANTIN . DETAIL SHR. 7 PLANTI NC DETAIL • r PEDESTRIAN CROSSWAL PA. EMENT DETAIL. LANDSCAPE NOTES + DETAILS CHRISTOPHER CAWLEY ICC LANDSCAPE ARCHITECTURE LLC LA .roe... • 1607 Z o i rot L3.00 111Miwnl / / / / / / / . ./ Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • • HARDSCAPE + AMENITIES IMAGE BOARD CHRISTOPHER CAWLEY ICC LANOSCFPE AriCnITECILIIIE LIG I LA .1110.1•11, in Ma...4 IL Mo..11.1 ,ot, ft/ 1.0.1 I Niafti. ra I si 1607 a 7„ o t7, 4 w 7 - co • • • 5ubrnitted into the public record for itern(s) PZ.8 on 10/25/18, City Clerk PLANT MATERIAL IMAGES TREES • PALMS CHRISTOPHER CAIVLEY ICC LAKISCAPE ARCHITECTURE LLC IL A r 304,/ +A.: I prir,4 .wi•,.ron 1667 0 w ca z aN J _ r L4.01 Neall don Lure Pr. r ..irow.e.e« :..w. a.. acn.m PLANT MATERIAL IMAGES: SHRUBS + GROUNOCGVERS Submitted into the public record for items) PZ.8 • on 10/25/18, City Clerk 4111 CHRISTOPHER CAvVLE? ICC l An[1SCAPE ARCMTECTURE LLC LA t netan.* .Mk .'e ,M fps n. .04 I Worm + ve.u.., s.s i .......irr.a..r:..i.,...M i • 1607 Exhibit. rrf11 Submitted into the public record for item(s) PL.B on 10/25/18, City Clerk INTERSECTION TRAFFIC STUDY NW 7th Street/Blue Lagoon Drive Final Prepared For: BLUE LAGOON CONDOMINIUM ASSOCIATION Prepared By• R.J. Behar & Company, Inc. ,July 5, 20I8 • • • • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Table of Contents TRAFFIC STUDY EXECUTIVE SUMMARY 5 1. INTRODUCTION 6 2. OBJECTIVE 6 3. PURPOSE 6 4. METHODOLOGY 6 5. EXISTING CONDITIONSS 6 6. FIELD REVIEW 8 7. TRAFIC DATA COLLECTION 9 8. TRIP GENERATION ANALYSIS 10 9. OPERATIONAL ANALYSIS 12 10. TRAFFIC PROJECTIONS 15 11. FUTURE OPERATIONAL ANALYSIS ..17 12. FINDINGS / CONCLUSION 23 LIST OF TABLES Table 1: Vehicular Turning Movements — AM Peak Hour Data 9 Table 2: Vehicular Turning Movements - PM Peak Hour Data 9 Table 3: Vehicular Trip Generation for the 7BL Project 11 Table 4: Existing Conditions (AM) 12 Table 5: Existing Conditions (PM) 13 Table 6: With Proposed Project - Access NW 7'h ST. (AM) 13 Table 7: With Proposed Project - Access NW 7'h ST. (PM) 14 Table 8: With Proposed Project - Access NW 7'h ST & NW 47'h Ave. (AM) 14 Table 9: With Proposed Project - Access NW 7th ST & NW 47'''Ave. (PM) 15 Table 10: 2040 Daily Traffic Projections (LRTP)..... 15 Table 11: Projected 2023 Average Daily Volumes along NW 7'h Street 16 Table 12: Existing Volumes Projected to the Year 2023 during AM Peak Period (Vph) 16 Table 13: Existing Volumes Projected to the Year 2023 during PM Peak Period (Vph). 16 Table 14: Projected Volume during AM Peak Period (Vph) for the Scenario 2 (Access via NW 7'h St. only) 17 Table 15: Projected Volume during PM Peak Period (Vph) for the Scenario 2 (Access via NW 7'h St. only) 17 SW 7'1' Street. `F3Iue Lagoon Drive, Miami -Dade County Page ii Submitted into the public record for item(s) PZ.S on xD 25 1$ City Clerk TRAFFIC STUDY Table 16: Projected Volume during AM Peak Period (Vph) for the Scenario 3 (Access via NW 7th St. & 47'h Ave.) 17 Table 17: Projected Volume during PM Peak. Period (Vph) for the Scenario 3 (Access via NW 7'h St. & 47th Ave.) 17 Table 18: Projected year 2023 Volumes (Vph) (AM). 18 Table 19: Projected year 2023 Volumes (Vph) (PM). 18 Table 20: Existing Volumes projected to the year 2023 plus Proposed Project (Vph) -Access NW 7" ST. (AM) 19 Table 21: Existing Volumes projected to the year 2023 plus Proposed Project (Vph) -Access NW 7'' ST. (PM) 19 Table 22: Existing Volumes projected to the year 2023 plus Proposed Project (Vph) - Access NW 7''' ST & NW 47th Ave. (AM) 20 Table 23: Existing Volumes projected to the year 2023 plus Proposed Project (Vph) - Access NW 7" ST & NW 47'h Ave. (PM) 20 Table 24: Vehicular Traffic Volumes Comparison. 23 Table 25: Vehicular Delay Comparison. 23 Table 26: Level of Service (LOS) Comparison. 24 LIST OF FIGURES Figure 1: Location Map. Source: google maps 7 Figure 2: Location Map. Source: google maps 8 Figure 3: Illustration of the Existing Turning Volumes. Source: google maps 10 Figure 4. Case 1 (NW 7`h St. only) Ingress/Egress % Trip Distribution, 11 Figure 5. Case 2 (NW 7" St. & via 47'h Ave.) Ingress/Egress % Trip Distribution. 12 LIST OF APPENDICES Appendix A - Existing Conditions TMC Counts Appendix B - ITE Trip Generation Appendix C - LOS Analysis Reports SW 7'h Street/Blue Lagoon Drive, Miami -Dade County Page iii • • • • • • Submitted into the public record for item(s) PZ.8 on 1OI25I18, City Clerk Professional Engineer's Certification TRAFFIC STUDY 1, Rafael E. De Arazoza. P.E., certify that 1 currently hold an active Professional Engineer's License in the State of Florida and 1 am competent through education and experience to provide engineering services in the civil and traffic engineering disciplines contained in this report. I further certify that this report was prepared by me or under my responsible charge as defined in Chapter 61G15-18.001 F.A.C. and that all statements, conclusions and recommendations made herein are true and correct to the best of my knowledge and ability. Project Description: Traffic Study for the Blue Lagoon Condominium Association. Tasks: Trip Generation, Intersection Existing Conditions Data Collection/Analysis and Roadway Segment Analysis, with and without proposed project. Location: NW 7th Street/Blue Lagoon Drive, Miami -Dade County Rafa1 E Do Digitally signed by i� Rafael E De Arazoza A razoza Date: 2018.07.12 11:50:08-04'00` Rafael E. De Arazoza, P.E., PTOE P.E. No.24487 R.J. Behar & Company 6861 SW 196th Avenue, Suite 302 Pembroke Pines, Fl 33332 Certificate of Authorization No. 00008365 SW 7111 Street/Blue Lagoon Drive, Miami -Dade County Page iv Submitted into the public record for item(s) PZ.8 on 10/25/14, City Clerk EXECUTIVE SUMN'IARV INTRODUCTION TRAFFIC STUDY The Slue Lagoon Condominium Association (BLCA) is concerned with regards to potential negative impacts to NW 7t1i Street and other roadways within the immediate surrounding area, as the result of the vehicular traffic generated by the proposed land development project titled "7 at Blue Lagoon" (7BL). Furthermore, it is well-known that significant increase in vehicular traffic has the potential of diminishing the quality of life of adjacent residential communities. The 7BL project is bounded by the Blue Lagoon to the north, 4705 NW 7`11 Street to the east, 5091 NW 7th Street to the west and by the NW 7111 Street to the south, The project consists of 888 apartment units and 294 hotel rooms, as show on page A1,0O of the Rezoning Plans Project Data, dated March 5, 2018. According to the proposed rezoning plans, it appears that the only means of ingress/egress to/from the proposed project is via NW 71h Street. OBJECTIVE The objective is to determine the amount of vehicular traffic generated by the proposed 7BL project and determine the resulting impacts on roadway capacity and Level -of -Service (LOS) on the easement over the 7BL property leading to the BLCA property (named Blue Lagoon Airport Drive and demarcated in the plat on PB 153, Page 27 of the Public Record of Miami -Dade County, Florida) as well as NW 711' Street. This analysis will not entail the customary more detailed and comprehensive Traffic Impact Study (TIS). TISs are generally performed by the applicant's traffic engineer during the subsequent project site development phase. PURPOSE The purpose of this task order is to perform a Traffic Study to evaluate the impact of the proposed 7BL project to the Blue Lagoon Airport Drive (hereafter referred to as Blue Lagoon Drive) access roadway intersection with NW 7t1i Street. FINDINGS/CONCLUSION Based on the analyses of the intersection of NW 71h' Street/Blue Lagoon Drive and the roadway segment of NW 7p11 Street near Blue Lagoon Drive, including the field reviews, trip generation - distribution and traffic data collection, it is concluded that vehicular traffic generated by the proposed 7BL Project will result in significant negative impacts in terns of roadway LOS and substantially increased vehicular delays, Refer to Tables 24, 25 & 26 on pages 23 & 24 for details. SW 7'1i Street/Blue Lagoon Drive. Miami -Dade County Page 5 • • • • • • Submitted into the public record for item(s) PZ.8 on 10/Z5/18, City Clerk 1. INTRODUCTION TRAFFIC STUDY The BLCA is concerned with regards to potential negative impacts to NW 7th Street and other roadways within the immediate surrounding area, as the result of the vehicular traffic generated by the proposed land development project titled "7 at Blue Lagoon" (7BL). Furthermore, it is well- known that significant increase in vehicular traffic has the potential of diminishing the quality of life of adjacent residential communities. The 7BL project is bounded by the Blue Lagoon to the north, 4705 NW 7''' Street to the east, 5091 NW 7th Street to the west and by the NW 7t1 Street to the south. The project consists of 888 apartment units and 294 hotel rooms as show on page A1.00 of the Rezoning Plans Project Data, dated March 5'h, 2018. According to the proposed rezoning plans, it appears that the only means of ingress/egress to/from the proposed project is via NW 71h Street. 2. OBJECTIVE The objective is to determine the atnount of vehicular traffic generated by the proposed 7BL project and determine the resulting impacts on roadway capacity and LOS on the easement over the 7BL property leading to the BLCA property (named Blue Lagoon Airport Drive and demarcated in the plat on PB 153 Page 27 of the Public Record of Miami -Dade County, Florida) as well as NW 7th Street. This analysis will not entail the customary more detailed and comprehensive traffic impact study (TIS). TISs are generally performed by the applicant's traffic engineer during the subsequent project site development phase. 3. PURPOSE The purpose of this task order is to perform a Traffic Study to evaluate the impact of the proposed 7BL project to the .Blue Lagoon Airport Drive (hereafter referred to as Blue Lagoon Drive) access roadway intersection with NW 7''' Street. 4. METHODOLOGY' The methodology used to perform this study consisted of a field review of the location during the morning and afternoon peak hour periods, reviewing the collected traffic count data, determining the vehicular trip generation by the proposed 7BL project and evaluating of the LOS of the intersection with and without the project. 5. EXISTING CONDITIONS NW 7t1 Street is a two-way, four lane undivided roadway, which runs west to east within the area of study. This roadway is functionally classified as Minor Arterial and has a posted speed limit of 40 SW 7°1 Street/Blue Lagoon Drive, Miami -Dade County Page 6 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk TRAFFIC STUDY mph. Blue Lagoon Drive is a two-way, two lane undivided roadway, which runs north to south within the area forming a T-Intersection with NW 7'1i Street. The intersection is a signalized on the eastbound, westbound and southbound directions of travel. There are sidewalks located on the north and south side of NW 7t1i Street and pedestrian crosswalks to cross north and south. An aerial map showing the location of the intersection of study is presented at Figure 1 and Figure 2. Figure 1: Location Map, Source: Google maps SW 7°1' Street/Blue Lagoon Drive, Miami -Dade County Page 7 • • • • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Figure 2: Location Map. Source: Goog[e maps 6. FIELD REVIEW TRAFFIC STUDY AM and PM peak hour field observations of the study intersections were performed on Tuesday, June 19, 2018. Conclusions from the field observations are included below: General Observations: • During morning peak hour observations, the drivers in the left lane coming from eastbound NW 7th Street to Blue Lagoon Drive experienced delays. On more than one occasion, it took more than one signal cycle to clear the queue. • The pedestrian crossing time is adequate and pavement crossing marks are in good condition. • On more than one occasion in the morning period, long vehicular queues were observed on Blue Lagoon Drive north of NW 7th Street with the associated long delays. • Right turn movements from Blue Lagoon Drive to NW 7'h Street during the red signal phase were generally significantly delayed by lack of adequate gaps from westbound vehicles on NW 7'h Street. • A significant number of pedestrians, especially during the peak hour (7:45am and 5:00 pm), were observed walking to enter/exit from Blue Lagoon Drive. Also, Blue Lagoon Drive does not have sidewalks for pedestrians; therefore, the pedestrians are sharing the lane with vehicles. SW 7" Street/Blue Lagoon Drive, Mianii-Dade County Page 8 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk AM Peak Hour Period (7:00-9:00): TRAFFIC STUDY • Most of the time, the eastbound and westbound through movements (NW 7'h Street) traffic flow were generally consistent and no significant delays were observed. • Starting at 7:45 am, southbound traffic on Blue Lagoon Drive became heavier and longer vehicular queues developed and on more than one occasion it took more than one signal cycle to clear. • Most of the traffic comes from the west with the highest number of vehicles at 8:30 am. PM Peak Hour Period (4:00-6:00): • Most of the traffic comes from the east and has the highest number of vehicles at 5:45 pint. • A significant increase in vehicles was observed entering Blue Lagoon Drive from NW 7'h Street. 7. TRAFIC DATA COLLECTION Vehicular Turning Movement Counts (TMCs) summarized by fifteen -minute intervals were collected for two hours during the morning peak hour period (7:00 am to 9:00 am) and afternoon peak hour period (4:00 to 6:00 pm) at the intersection of NW 71h Street and Blue Lagoon Drive. The data can be found in Appendix A. TMCs are shown in Tables 1 and 2. Figure 3 below provides a graphic illustration of the existing peak hour turning volumes. Table 1: Vehicular Turning Movements — AM Peak Hour Data • • Peak Hour From the North From the Fast From the South From the West Right Thru Left Peds Right Thru Left Peds Right Thru Left Peds Right Thru Left. Peds 7;45:AM -8:30AM 74 0 66 12 15 950 0 19 0 0 0 2 0 1 167 24 10 Table 2: Vehicular Turning Movements - PM Peak Hour Data Peak Hour From the North From the Fast From the South From the West Right Thru Left Pais Right Thru Left Peds Right Thru Left Peds Right Thru Left Pcds 05:00 PM - 5:45 PM 36 0 30 4 59 1235 0 16 0 0 0 4 0 1098 76 1 SW 7'h Street/Blue Lagoon Drive, Miami -Dade County Page 9 • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk TRAFFIC STUDY (76) 24 (1098) 1167 -* (0) 0 Figure 3: Illustration of the Existing Turning Volumes. Source: Google maps 8. TRIP GENERATION ANALYSIS To determine the trips that will be generated by the proposed residential and hotel facilities (7BL Project), the ITE Trip Generation Manual (9t1' edition) was used. A summary of the analysis is shown below. • The 7BL Project consists of 888 high rise apartment units and 294 hotel rooms. • High Rise Apartment (1TE Code 222) and Hotel (1TE Code 310) were used in the analysis. • Hotel (ITE Code 310) was used in the analysis. • Table 3 depicts the result of the vehicle trip generation analysis. • The trip generation formulas used are shown below in Table 3. • Two Case scenarios were analyzed. Case 1 assumes access to/from NW 7Ih Street only. Case 2 assumes access to/from NW 7,h Street and via NW 47'h Avenue. • Generated traffic volumes were distributed to NW 7`h Street based on the % from the collected existing traffic counts, engineering judgment and local knowledge. • The trip distribution for ingress/egress for Case 1 and Case 2 scenarios are shown in Figures 4 and 5. SW 7th Street/Blue Lagoon Drive, Miami -Dade County Page 10 Submitted into the public record for item(s) PZ.8 on 10/25/18. City Clerk TRAFFIC STUDY Table 3: Vehicular Trip Generation for the 7BL Project Land Use Units Daily Peak Hour of Adjacent Street AM Peak Hour of Adjacent Street PM In (vpd) Out (vpd) Total In (vph) Out (vph) Total In (vPh) Out (vPh) Total (vpd) (vph) (vph) LUC 222 liigh Rise Apartment 888 Dwelling Units 1706 1706 3412 66 199 265 I81 I 15 296 LUC 310 Hotel 294 No. of rooms 1312 1312 2624 116 84 200 101 105 206 Total 6036 182 283 465 282 220 502 ITE Code / Formulas: LUC 222 Dwelling units (DUs): Daily formula: Ln (T) = 0.83 Ln(X) + 2.50 LUC 222 DUs: AM Peak -hour of adjacent street traffic formula: Ln (T) = 0.99 Ln(X) —1.14 LUC 222 DUs: PM Peak -hour of adjacent street traffic formula: (T) = 0.32(X) + 12.30 LUC 310 number of Rooms: Daily formula: T = 8.92(X) LUC 310 Rooms: AM Peak -hour of adjacent street traffic formula: T= 0.78(X) -29.80 LUC 310 Rooms: PM Peak -hour of adjacent street traffic formula: T = 0.70(X) Refer to Appendix B for additional details. Figure 4: Case 1 (NW 7'h Street only) Ingress/Egress % Trip Distribution sw 7`h Street/Blue Lagoon Drivc, lliarni-Dade County Page 11 • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk TRAFFIC STUDY Figure 5: Case 2 (NW 7'h Street & is 471h Avenue) Ingress/Egress %o Trip Distribution. 9. OPERATIONAL ANALYSIS Intersection LOS Analysis To establish a comparison between existing and future vehicular traffic conditions, three analysis scenarios were developed. The First Scenario includes existing traffic conditions, the collected traffic data, field observations and analysis. The Second Scenario includes the vehicular volumes generated by the 7BL Project and assumes that all the ingress/egress vehicular traffic will be via the NW 7`1' Street/Blue Lagoon Drive intersection. The Third Scenario assumes that vehicles going to or from the 7BL Project will utilize either the NW 7111 Street/Blue Lagoon Drive intersection or via NW 47`h Avenue east of the 7BL Project. A summary of the LOS analysis for each scenario is shown in the tables below. Scenariol: Existing Conditions (without the 7BL Project) Table 4: Existing Conditions (AM) Existing Conditions AM Peak Hour Intersection Movement/Approach Delay (seclveh) LOS NW 7t Street & Blue Lagoon Drive EB Left 79.7 E EB Thru 10.7 B EB Approach 12.4 B WB Thru & Right 20.9 C WB Approach 20.9 C SB Left 56.8 E SB Approach 56.8 E Intersection 19.0 13 SW 7`i' Street/Blue Lagoon Drive, Miami -Dade County Page 12 Submitted into the public record for item(s) pz.8 on 10/25/18, City Clerk TRAFFIC STUDY From Table 4, it can be seen that the eastbound left turns from NW 7`h Street to Blue Lagoon Drive and the southbound movement from Blue Lagoon Drive are operating at an undesirable LOS with associated vehicular delays. Table 5: Existing Conditions (PM) Existing Conditions PM Peak Hour intersection Movement/Approach Delay (sec/reh) LOS NW 7'" Street & Blue Lagoon Drive EB Left 95.4 F EB Thnu 10.1 B EB Approach 17.2 B W13 Thru & Right 25.7 C W13 Approach 25.7 C SB Left 42.2 D SB Approach 42.2 D Intersection 22.5 C The eastbound left turns from NW 7th Street to Blue Lagoon Drive are operating at an undesirable LOS with associated vehicular delays. Note: The above delays and LOS are generally consistent with the field observations. Scenario 2: Existing conditions plus 7BL Project's generated vehicular volumes with access via NW 7th Street only. Table 6: With Proposed Project - Access NW 7th Street (AM) With Proposed Project Access NW 7'" Street AM Peak Hour Intersection Movement/Approach Delay (seclveh) LOS NW 71" Street & Blue Lagoon Drive EB Lett 114.7 F EB Thru 9.8 A EB Approach 22,1 C WB Thru & Right -22.4 C WB Approach 22.4 C SB Left 210.9 F SB Approach 210.9 F intersection 52.9 D SW 7`h Street/Blue Lagoon Drive, Miami -Dade County Page 13 • • • • • • Submitted into the public record for item(s) P2.8 on 10/25/18, City Clerk TRAFFIC STUDY From Table 6, it can be seen that the eastbound left turns from NW 7''' Street to Blue Lagoon Drive and the southbound movements from 131ue Lagoon Drive are operating at an undesirables LOS with associated vehicular delays. These delays are significantly higher when compared with those under existing conditions without the 7BL Project's generated traffic. Table 7: With Proposed Project - Access NW 7th ST. (PM) With Proposed Project Access NW 7th Street PM Peak Hour Intersection Movement/Approach Delay (sec/ eh) LOS NW 7th St & Blue Lagoon EB Left 373.7 F LB Thru 9.3 A EB Approach 89.2 F WB Thru & Right 28.6 C WB Approach 28.6 C SB Left 107.9 F SB Approach 107.9 F intersection 62.6 E Table 7 demonstrates that the eastbound left turns from NW 7th Street to Blue Lagoon Drive, the southbound movement from Blue Lagoon Drive, as well as the entire intersection are operating at an undesirable LOS with associated vehicular delays. These delays are significantly higher when compared with those under existing conditions without the 7BL Project's generated traffic. Scenario 3: Existing conditions plus 7BL Project's generated vehicular volumes with access via NW 71h Street and NW 47h Avenue. Table 8: With Proposed Project - Access NW 7`h Street & \W .17th Avenue (AM) With Proposed Project Access NW 7th Street & NW 47th Avenue AM Peak Hour Intersection MovementlApproach Delay (seclveh) LOS NW 7th Street & Blue Lagoon Drive EB Left 114.2 F Thru 9.8 A EB EB Approach 22.1 C WB Thni & Right 21.8 C WB Approach 21.8 C SB Left 136.3 F SB Approach 136.3 F Intersection 38.7 D SW 7th Street/Blue l..ataocm Drive, Miami -Dade County Page 14 Submitted into the public record for item(s) PZ.8 on ZO 25 Z8 City Clerk TRAFFIC STUDY From Table 8, it can be seen that the eastbound left tutus from NW 7t1' Street to Blue Lagoon Drive and the southbound movement from Blue Lagoon Drive are operating at an undesirable LOS with associated vehicular delays. These delays are significantly higher when compared with those under existing conditions without the 7BL Project's generated traffic. Table 9: With Proposed Project - Access NW 7th Street & NW 47'' avenue (PM) With Proposed Project Access NW 7th Street & NW 47'h Avenue PM Peak Hour intersection Movement/Approach Delay (seclveh) LOS NW 7`1' Street & Blue Lagoon Drive EB Left 355.7 F EB Thru 9.3 A EB Approach 84.6 F WB Thru & Right - 27.4 C WB Approach 27.4 C SB Left 74.3 E SB Approach 74.3 E Intersection 56.9 E From Table 9, it can be seen that the eastbound left turns from NW 7'1' Street to Blue Lagoon Drive, the southbound movement from Blue Lagoon Drive, the eastbound approach, as well as the intersection are operating at an undesirables LOS with associated vehicular delays. These delays are significantly higher when compared with those under existing conditions without the 7BL Project's generated traffic. 10.TRAFFIC PROJECTIONS The Following base year 2010 and future year 2040 vehicular traffic volumes on SW 711' Street were obtained from the Miami -Dade Transportation Planning Organization 2040 adopted Long Range Transportation Plan (LRTP). The bi-directional daily traffic volumes of NW 7`1' Street (within the study area) for the year 2010 and 2040 are shown in the table 10 below. Table lot 2040 Daily Traffic Projections (LRTP).. Year NW 711' Street Units 2010 25730 vpd 2040 45470 vpd 1 45470}}se Grow Rate = (25730! = 1.019 SW 71h Street/Blue Lagoon Drive, Miami -Dade County Page 15 • • • Submitted into the public record for item(s) PZ.B on 0 Z5 i City Clerk TRAFFIC STUDY According to the Miami -Dade LRTP, it can be seen that the traffic volume along NW 7111 Street is expected to increase. It was calculated that NW 7t1' Street will experience an annual 1.9 % increase in traffic. The annual growth rate of 1.9% was used to determine the increase in vehicular traffic volumes between the years 2018 and 2023. Table 11 provides the projected average daily traffic along NW 7tl' Street within the study area. The projected traffic to the existing AM and PM peak hours are shown in Table 12 and Table 13. Projected traffic volumes to the second and third scenarios are shown in Tables 14 to 17. Table 11: Projected 2023 Average Daily Volumes along \NV 7'h Street. Direction 2018 2023 Eastbound 14000 15382 Westbound 13500 14832 Bi-Directional 27500 30214 Table 12: Existing Volumes Projected to the Year 2023 during AM Peak Period (Vph) Peak Hour From the North From the East From the South From the West Rig_Itt Thru Left Peds Right Thru Left Peds_ Right Thru : Left Petis Right Thru Left Peds 7:45 AM - 8:30AM (2018) 74 0 66 12 15 950 0 19 0 0 0 2 1) 1167 24 10 7:45 AM - 8:30 AM (2023) 81 0 73 13 16 1044 0 21 0 0 0 2 0 1282 26 11 Table 13: Existing Volumes Projected to the Year 2023 during PM Peak Period (Vph). Peal: [tour front the North From the East From the South From the West Right Thru Left Peds Rg_ht Thru Left Peds Right Thru Left Peds Right Thru Left Peds 05:00 PM 5:45 PM (2018). 36 0 30 4 59 1235 0 16 0 0 0 4 0 1098 76 1 05:00 PM 5:45 PM (2023) 40 0 33 4 65 1357 0 18 0 0 0 4 0 1206 83 The following Tables 14 through 17 include the existing volumes projected to the year 2023 plus the 7BL Project's generated volumes. SW 7't' Stieet/l3lue Lagoon Drive, Miami -Dade County Page 16 Submitted into the public record far item(s) PZ.8 on itkUjil, City Clerk TRAFFIC STUDY Table 1-1: Projected Volume during AM Peak Period (Vph) for the Scenario 2 (Access via NW 7'h St. only) • Peak Ilour From the North From the East From the South From the West Right Thru Left Peds Right Thru Left Peds Right Thru Left Peds Right Thru Left Peds 7:45 AM - 8:30AM (2018) 74 0 66 12 15 950 0 19 0 0 0 2 0 1 167 24 10 7:45AM - 8:30 AM (2023) 319 0 258 13 113 1044 0 21 0 0 0 2 0 1282 150 11 Table 15: Projected Volume during PM Peak Period (Vph) for the Scenario 2 (Access via NW 7'h St. only) Peak Hour From the North From the East From the South from the West Right Thru Left Peds Right Thru Left Peds Right Thru Left Peds. Right Thru Left Peds 05:00 PM - 5:45 PM (2018) 36 0 30 4 59 1235 0 16 0 0 0 4 0 1098 76 1 05:00 PM -5:45PM (2023) 204 0 155 4 250 1357 0 18 0 0 0 4 0 1206 315 1 Table 16: Projected Volume during AM Peak Period (Vph) for the Scenar o 3 (Access via NW 7'h St. & 47th Ave.) Peak Hour From the North From the East From the South From the West Right Thru Left Peds Right Thru Left Peds Right Thru Left Peds Right Thru Left Pe 7:45 AM - 8:30 AM (2018) 74 0 66 12 15 950 0 19 0 0 0 2 0 1167 24 10 7:45: AM - 8:30 AM (2023) 319 0 199 13 77 1044 0 21 0 0 0 2 0 1282 150 11 Table 17: Projected Volume during PM Peak Period (Vph) for the Scenario 3 (Access via NW 7th St. & 47'h Ave.) Peak Hour From the North From the East From the South From the West Right Thru Left Peds Right Thru Left Peds_ Right Thru Left Peds Right Thru Left Peds 05:00 PM - 5:45 PM (2018) 36 0 30 4 59 1235 0 It 0 0 0 4 0 1098 76 1 05:00 PM - 5:45 PM (2023) 204 0 109 4 194 1357 0 18 0 0 0 4 0 1206 315 1 I LFUTURE FUTURE OPERATIONAL ANALYSIS Future Intersection LOS Analysis To establish a comparison between existing and future vehicular traffic conditions, three analysis scenarios were developed. This part includes the three scenarios previously described, plus year 2023 projections of existing traffic volumes. The First Scenario includes existing traffic projected to the SW 7'i' Street/Blue Lagoon Drive, Miami -Dade County Page 17 • • • Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk TRAFFIC STUDY year 2023. The Second Scenario includes the vehicular volumes generated by the 7BL Project and assumes that all the ingress/egress vehicular traffic will be via the NW 71h StreetlBlue Lagoon Drive intersection. The Third Scenario assumes that vehicles going to or from the 7BL Project will utilize either the NW 711' Street/Blue Lagoon Drive intersection or via NW 47111 Avenue east of the 7BL Project. A summary of the LOS analyses for each scenario is shown in tables below. Scenario': Projected year 2023 Existing Conditions (without the 7BL Project's traffic) Table 18: Projected year 2023 Volumes (Vph) (AM) Projected year 2023 Conditions AM Intersection Movement/Approach Delay (seclveh ) LOS NW 7th Street & Blue Lagoon Drive EB Left 80.5 F EB Thru 11.3 B EB Approach 13.1 B WB Thru & Right 22.0 C WB Approach 22.0 C SB Left 59.7 E SB Approach 59.7 E Intersection 20.0 B Table 19: Projected year 2023 Volumes (Vph) (PM) Projected year 2023 Conditions PM Intersection Movement/Approach Delay (sec/veh) LOS NW 7th St & Blue Lagoon EB Left 99.5 F EB Thru 10.7 B EB Approach 18.1 B WB Thru & Right 28.2 C WB Approach 28.2 C SB Left 44.6 D SB Approach 44.6 D Intersection 24.2 C From Tables 18 and 19, it can be seen that the eastbound left tums from NW 71h Street to Blue Lagoon Drive are operating at an undesirable LOS with associated vehicular delays. The southbound movement from Blue Lagoon Drive during the AM peak period is also operating at an undesirable LOS with associated vehicular delays. Comparing the results with existing conditions (Tables 4 & 5), the eastbound left turns, southbound movements and the intersection experienced longer delays. SVv' 7"' Strect/131uc Lagoon Drive, Miami -Dade County Page 18 Submitted into the public record for item(s) PZ.8 on 1Q 25 18 City Clerk TRAFFIC STUDY Scenario 2: Existing traffic conditions projected to the year 2023 plus 7BL Project's generated vehicular volumes with access via NW 7t1' Street only. Table 20: Existing Volumes projected to the year 2023 plus Proposed Project (Vph) Access NW 7th Street. (AM) Projected year 2023 With Proposed Project Access NW 7th Street AM Peak Hour Intersection Movement/Approach Delay (seclveh) LOS NW 71h Street & Blue Lagoon Drive EB Left 149.7 F EB Thru 10.4 B EB Approach 28.2 C WB Thru & Right 24.0 C WB Approach 24.0 C SB Left 410.3 F SB Approach 410.3 F Intersection 100.2 F From Table 20, it can be seen that the eastbound left turns from NW 7111 Street to Blue Lagoon Drive and the southbound movement from Blue Lagoon Drive are operating at an undesirable LOS with associated vehicular delays, as well as the entire intersection. These delays are significantly higher when compared with those under existing conditions. Table 21: Existing Volumes projected to the year 2023 plus Proposed Project (Vph)—Access NW 711' Street. (PM) Projected year 2023 With Proposed Project Access NW 7th Street PM Peak Hour Intersection Movement/Approach Delay (sec/veh) LOS NW 7th St & Blue Lagoon EB Left 631.1 F EBTim] 9.8 A EB Approach 170.0 F WB Thru & Right 34.9 C WB Approach 34.9 C SB Left 184.0 F SB Approach 184.0 F Intersection 109.0 F Table 21 demonstrates that the eastbound left turns from NW 7'1' Street to Blue Lagoon Drive, the southbound movement from Blue Lagoon Drive, as well as the entire intersection are operating at an undesirable LOS with associated vehicular delays. These delays are significantly higher when compared with those under existing conditions without the 7BL Project's generated traffic. SW 7'h Street/Blue Lagoon Drive, Miami -Dade County Page 19 • • • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk TRAFFIC STUDY Comparing the results with the existing conditions (Tables 4 & 5), the eastbound left turns, southbound movements and the entire intersection experienced significantly higher delays. Scenario 3: Existing traffic conditions projected to the year 2023 plus 7BL Project's generated vehicular volumes with access via. NW 7'l' Street as well as to/from NW 7th Street and NW 47t1' Avenue, Table 22: Existing Volumes projected to the year 2023 plus Proposed Project (Vph) - Access NW 7`h Street & NW 47'h Ave. (AM) Projected year 2023 With Proposed Project Access NW 7" Street & NW 47" Ave. AM Peak Hour Intersection Movement/Approach Delay (sec/veh) LOS NW 71" Street & Blue Lagoon Drive EB Left 149.1 F EB Thru 10.5 B EB Approach 28.2 C WB Thru & Right -23.3 C WB Approach 23.3 _ C SB Left 323.3 F SB Approach 323.3 F Intersection 79.4 E Table 22 demonstrates the eastbound left turns from NW 71h Street to Blue Lagoon Drive and the southbound movement from Blue Lagoon Drive are operating at an undesirable LOS with associated vehicular delays, as well as the entire intersection. These delays are significantly higher when compared with those under existing conditions (Tables 4 & 5) without the 7BL Project's generated traffic. Table 23: Existing Volumes projected to the year 2023 plus Proposed Project (Vph) - Access NW 7'b Street & NW 47`h Ave. (PM) Projected year 2023 With Proposed Project Access NW 7" Street & NW 47' Avenue PM Peak Hour Intersection Movement/Approach Delay (sec/veh) LOS NW 7th St & Blue Lagoon EB Left 629.0 F EB Thru 9.8 \ EB Approach 169.5 F WB Thru & Right 32.3 C WB Approach 32.3 C SB Left 122.1 F SB Approach 122.1 F Intersection 101.2 F SW 7`h Street/Blue Lagoon Drive, Miami -Dade County Page 20 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk TRAFFIC STUDY Table 23 demonstrates the eastbound left turns from NW 7°' Street to Blue Lagoon Drive, the southbound movement from Blue Lagoon Drive, the eastbound approach as well as the intersection are operating at an undesirable LOS with associated vehicular delays. These delays are significantly higher- when compared with those under existing conditions (Tables 4 & 5) without the 7BL Project's generated traffic. Roadway Segment Analysis A roadway segment analysis was performed utilizing vehicular volumes from a nearby traffic count station and the 2018 FDOT Generalized LOS/Capacity tables. Calculations for this analysis are show below. SW 7'1' Street/Blue Lagoon Drive, Miami -Dade County Page 21 • • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk TRAFFIC STUDY Traffic Count Station No. 7052 at NW 71h Street, west of NW 42nd Avenue Average Annual Daily Traffic (AADT) = 27,500 vehicles per day (vpd) Eastbound = 14,000 vpd Westbound = 13,500 vpd K= 9.00 (peak hour volume both directions) [) = 55.7 (traffic directional split) Peak -hour 2 way = 27,500 (0.09) = 2,475 vehicles per hour (vph) Peak- hour 1 way = 27,500 (0.09) (0.557) = 1,390 vph According FDOT LOS tables: AADT Table 1, Minor roadway adjusted for non -State facility (-10%) and Multi -lane undivided with exclusive left -turn lanes (-5%) Adjusted AADT LOS LOS D (4div) = 28,100 vpd 28,100 (0.90) (0.95) = 24,025 = LOS D LOS E (4div) = 37,200 vpd (0.90) (0.95) = 31,800 = LOS E Existing AADT (count station No 7052) = 27,500 vpd; therefore, Daily LOS = E Peak Hour Two -Way Table 4 (same adjustment factors as in the AADT analysis above) LOS D = 2530 (0.90) (0.95) = 2165 vph LOS E = 3350 (0.90) (0.95) = 2865 vph Existing Two -Way volume = 2475; therefore, LOS E Peak Hour Directional Table 7 (same adjustment factors as in the AADT analysis above) LOS D = 1390 (0.90) (0.95) = 1190 vph LOS E = 1840 (0.90) (0.95) = 1575 vph Existing Peak Hour Directional volume = 1390; therefore, LOS E Above analysis indicate that the NW 7th Street segment near Blue Lagoon Drive will be operating at capacity (LOS E) during 24-hours, peak-hour/two-way and peak-hour/peak direction; consequently, it is obvious that the additional generated vehicular volumes from the 7BL Project will significantly negatively impact the LOS as reflected by the intersection LOS analyses. SW 711' Street/Blue Lagoon Drive, Miami -Dade County Page 22 Submitted into the public record for item(s) P2.8 on 10/25/18, City Clerk TRAFFIC STUDY 12.F1\ DINGS/CONCLUSION Based on the analyses of the intersection of NW 711' Street/Blue Lagoon Drive and the roadway segment of NW 7'1' Street near Blue Lagoon Drive, including the field reviews, trip generation - distribution and traffic data collection, it is concluded that the vehicular traffic generated by the proposed 7BL Project will result in significant negative impacts in terms of roadway LOS and substantially increased vehicular delays. Tables 24, 25 & 26 below present a summary of the analyses. Blue Lagoon Drive SB approach Table 24: Vehicular Traffic Volumes Comparison. VEHICULAR TRAFFIC VOLUMES AM Peak Hour Access via NW 7th St. Existing Veh per Hour 140 With 7BL Project Veh per Hour 423 AM Peak Hour Access via NW 7th St. & NW 47 Ave. With 7BL Existing Project Veh per Veh per Hour Hour Impact 140 364 160.0% VEHICULAR TRAFFIC VOLUMES PM Peak Hour Access via NW 7th St. Existing Veh per Hour 66 With 7BL Project Veh per Hour 286 PM Peak Hour Access via NW 7i° St. & NW 47' Ave. With 7BL Existing Project Veh per Veh per Hour Hour Impart 66 240 263.6% Table 25: Vehicular Delay Comparison. AM Access Existing Seconds per Veh VEHICULAR DELAY Peak Hour via NW 7" St. With 7BL Project Seconds per Veh 271.3% AM Peak Hour Access via NW 7''' St. & NW 47'h Ave. With 7BI. Existing Project Seconds per Seconds per Veh Veh Impact 56.8 136.3 140.0% SW 7th Str tlBlue Lagoon Drive, Miami -Dade County Page 23 • • • Rine Lagoon SB Drive a + *roach Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk VEHICULAR DELA' PM Peak Hour Access via NW 7'h St. Existing Seconds per Veh 1V'ith 7BL Project Seconds per Veh lm tact 155.7% TRAFFIC STUDY I'lM Peak Hour Access via NW 7'h St. & NW 47'h Ave. Existing Seconds per Veh 42.2 With 7BL Project Seconds per Veh I nt )act 74.3 76.I%u Table 26: Level of Service Comparison. LEVEL OF SERVICE (LOS AM Peak Hour Access via NW 7th St. Blue Lagoon SB Drive a » roach With 7BL Existing Project LOS LOS Im act E TO F AEI Peak Hour Access via NW 7th St. & NW 47`h Ave. Existing LOS With 7BL Project LOS Impact E F E TO F LEVEL OF SERVICE (LOS) PM Peak Hour Access via NW 7'" St. Blue Lagoon SB Drive a ) roach With 7BL Existing Project LOS LOS _ Im act D TO F PM Peak Hour Access via NW Th St. & NW 47'" Ave. With 7BL Existing Project Seconds per Veh LOS Im act SW 7th Street/Blue Lagoon) Drive, Miami -Dade County Page 24 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Appendix A Existing Conditions TMC Counts • R.J. Behar & Company, Inc. 6869 SW 196 Avenue, Suite 302 Pembroke Pines, FI 33332 Engineers - Planners Blue Lagoon Dive and NW 7th Street Tuesday, June 19, 2018 Groups Printed- Unshifted - Bank 1 Submitted into the public record for itern(s) PZ.8 on 10/25/18, City Clerk File Name : TMC Data Site Code : 00000013 Start Date : 6/19/2018 Page No : 1 Southbound Westbound Northbound Eastbound Start Time Right I Thru' Left rPeds .n, ,,•,. Right_ I Thru I Left I Peas I hw Tor Right I Thru l Left I Peds I Arm Tad Right I Thru J Left 1 Peds 1 ra, Tani rM low 07:00 AM , 31 8 21 0 60 21 77 0 1 99 0 0 0 0 0 0 168 8 0 176 335 07:15 AM 14 0 5 0 19 37 166 0 0 203 0 0 0 0 0 0 255 3 0 258 480 07:30 AM 26 0 19 0 45 3 229 0 1 233 0 0 0 0 0 0 317 3 0 320 598 07:45 AM 22 0 16 2 40 7 230 0 2 239 0 0 0 0 0 0 289 8 1 298 577 Total 93 8 61 2 164 68 702 0 4 774 0 0 0 0 0 0 1029 22 1 1052 1990 08:00 AM 08:15 AM 08:30 AM 08:45 AM Total ' BREAK ••• 04:00 PM 04:15 PM 04:30 PM 04:45 PM Total 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total 22 0 14 5 41 17 0 16 2 35 13 0 20 3 36 24 0 19 0 43 76 0 69 10 155 10 0 12 2 24 10 0 11 0 21 14 0 5 3 22 8 0 4 3 15 42 0 32 8 82 12 0 8 1 21 6 0 5 2 13 7 0 7 1 15 11 0 10 0 21 36 0 30 4 70 0 209 0 7 216 4 251 0 3 258 4 260 0 7 271 1 216 0 0 217 9 936 0 17 962 15 306 0 1 322 12 329 0 7 348 5 285 0 2 292 9 296 0 6 311 41 1216 0 16 1273 20 256 0 7 283 12 315 0 2 329 18 318 0 5 341 9 346 0 2 357 59 1235 0 16 1310 0 0 0 1 1 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 2 2 0 0 0 0 0 O 0 0 0 0 0 0 0 1 1 0 0 0 0 0 O 0 0 1 1 0 0 0 1 1 0 0 0 0 0 0 0 0 2 2 0 0 0 1 1 0 0 0 4 4 Grand Total 247 8 192 24 471 177 4089 0 53 4319 0 0 0 7 7 Appreh % 52.4 1.7 40.8 5.1 4.1 94.7 0 1.2 0 0 0 100 Total % 2.6 0,1 2 0.3 5 1.9 43,6 0 0.6 46.1 0 0 0 0.1 0_.1 Unstilted 247 8 192 22 469 177 4054 % Unshitted 100 100 100 91.7 99.6 100 99.1 0 84.9 99 0 0 0 71.4 71.4 Bank 1 0 0 0 2 2 0 35 0 8 43 0 0 0 2 2 % Bank 1 0 0 0 8.3 0.4 0 0.9 0 15.1 1 0 0 0 28.6 28.6 0 267 5 1 273 0 301 6 1 308 0 310 5 7 322 0 282 6 2 290 0 1160 22 11 1193 0 245 13 1 259 0 272 15 0 287 0 283 9 0 292 0 294 18 1 313 0 1094 55 2 1151 0 265 9 0 274 0 273 22 1 296 0 276 26 0 302 0 284 19 0 303 0 toss 76 1 1175 O 4381 175 15 4571 0 95.8 3.8 0.3 O 46.8 1.9 0.2 48.8 4347 O 99.2 100 80 99.2 0 34 0 3 37 O 0.8 0 20 0.8 531 601 630 550 2312 605 656 607 639 2507 579 638 660 682 2559 9368 99.1 84 0.9 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk R.J. Behar & Company, Inc, 6869 SW 196 Avenue, Suite 302 Pembroke Pines, FI 33332 Engineers - Planners Blue Lagoon Drive and NW 7th Street Tuesday, June 19, 2018 File Name : TMC Data Site Code : 00000013 Start Date : 6/19/2018 Page No : 2 Southbound Westbound Northbound Eastbound Start Tiig ime ht Thru Left Peds aon Tn. Right I Thru Left Peds nm Tow Right Thru Left Peels ,,, to. Right Thru Left Peels ,e, lag. Int. Tdel Peak Hour Analys s From 07:00 AM to 11:45 AM - Peak 1 of 1 Peak Hour For Entire Intersection Begins at 07:45 AM 07:45 AM 22 0 16 2 40 7 230 0 2 239 0 0 0 0 0 0 289 8 1 298 577 08:00 AM 22 0 14 5 41 0 209 0 7 216 0 0 0 1 1 0 267 5 1 273 531 08:15 AM 17 0 16 2 35 4 251 0 3 258 0 0 0 0 0 0 301 6 1 308 601 08:30 AM 13 0 20 3 36 4 260 0 7 271 0 0 0 1 1 0 310 5 7 322 630 Total Volume 74 0 66 12 152 15 950 0 19 984 0 0 0 2 2 0 1167 24 10 1201 2339 NTH o. Totat 48.7 0 43.4 7.9 1.5 96.5 0 1.9 0 0 0 100 0 97.2 2 0.8 PHF .841 .000 .825 .600 .927 .536 .913 .000 .679 .908 .000 .000 .000 .500 .500 .000 .941 .750 .357 .932 .928 Unshifted 74 0 66 10 150 15 940 0 19 974 0 0 0 1 1 0 1157 _ % Unshifted 100 0 100 83.3 98.7 100 98.9 0 100 99.0 0 0 0 50.0 50.0 0 99.1 100 70.0 98.9 98.9 Bank 1 0 0 0 2 2 0 10 0 0 10 0 0 0 1 1 0 10 0 3 13 26 % Bank 1 0 0 0 16.7 1.3 0 1.1 0 0 1.0 0 0 0 50.0 50.0 0 0.9 0 30.0 1.1 1.1 Out In 39 0 39, 150 2 Total 189 2 191 74 0 0 0 66 0 10 2 74 0 68 12 Right Thru Left Peds Peak Hour Data North Peak Hour Begins at 07:45 AM Unshifted Bank 1 • • • • R.J. Behar & Company, Inc. 6869 SW 196 Avenue, Suite 302 Pembroke Pines, Fi 33332 Engineers - Planners Blue Lagoon Drive and NW 7th Street Tuesday, June 19, 2018 Southbound Westbound Start Time a Right Thru Left Peds ■ce rcrr Right Thru l Peds Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 05:00 PM P[* To. Submitted into the public record for items) PZ.8 on 10/25/18, City Clerk File Name : TMC Data Site Code : 00000013 Start Date : 6/19/2018 Page No : 3 Northbound Eastbound R ghl Thal Left Peds nw yr Right Thru I Left Pedsi nw t Int T 05:00 PM 12 0 8 1 21 20 256 0 7 283 0 0 0 1 1 0 265 9 0 274 579 05:15 PM 6 0 5 2 13 12 315 0 2 329 0 0 0 0 0 0 273 22 1 296 638 05:30 PM 7 0 7 1 15 18 318 0 5 341 0 0 0 2 2 0 276 28 0 302 660 05:45PM 11 0 10 0 21 9 346 0 2 357 0 0 0 1 1 0 284 19 0 303 682 Total Volume 36 0 30 4 70 59 1235 0 16 1310 0 0 0 4 4 0 1098 76 1 1175 2559 % App. Total 51.4 0 42.9 5.7 4.5 94.3 0 1.2 0 0 0 100 0 93.4 6.5 0.1 PHF .750 .000 .750 .500 .833 .738 .892 .000 .571 .917 .000 .000 .000 .500 .500 .000 .967 .731 .250 .96_9 _ .938 Unshifted 36 0 30 4 70 59 1227 1089 % Unshitted 100 0 100 100 100 100 99.4 0 68.8 99.0 0 0 0 75.0 75.0 0 99.2 100 100 99.2 99.1 Bankl 0 0 0 0 0 0 8 0 5 13 0 0 0 1 1 0 9 0 0 9 23 Im Bank 1 0 0 0 0 0 0 0.6 0 31,3 1.0 0 0 0 25.0 25.0 0 0,8 0 0 0.8 0.9 Out 135 0 135 In 70 a 70 Total 205 0 205 I I 36 0 a 0 30 0 4 0 36 0 30 4 Right Ti Letfit. Peds Peak Hour Data North Peak Hour Begins at 05:00 PM Unshited Bank 1 Out In Total c tO 10 c w.l wA Nd1 3 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Appendix B ITE Trip Generation Tables • • • • High -Rise Apartment (222) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Number of Studies: 9 Avg. Number of Dwelling Units: 435 Directional Distribution: 50% entering, 50 exiting Trip Generation per Dwelling Unit Average Rate 4.20 Range of Rates Data Plot and Equation Standard Deviation 3.00 - 6,45 2.32 T = Average Vehicle Trip Ends L 4,000 3.000 2,000 5,000 0 X Actual Data Points x x x x x 100 200 300 400 500 600 X = Number of Dwelling Units Fitted Curve Fitted Curve Equation: Ln(T) = 0.83 Ln(X) + 2.50 700 x 800 900 Average Rate R2=0.82 Trip Generation, 9th Edition • Institute of Transportation Engineers 375 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk High -Rise Apartment (222) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 17 Avg. Number of Dwelling Units: 420 Directional Distribution: 25% entering, 751% exiting Trip Generation per Dwelling Unit Average Rate 0.30 Range of Rates 0.18 0.47 Standard Deviation 0.55 Data Plot and Equation T = Average Vehicle Trip Ends 400 300 200 100 0 100 X Actual Data Points 200 300 400 500 600 X = Number of Dwelling Units Fitted Curve Fitted Curve Equation: Ln(T) i 0.99 Ln(X) - 1.14 700 800 900 1000 1100 Average Hate R2=0.88 376 Trip Generation, 9th Edition ■ Institute of Transportation Engineers • • • • High -Rise Apartment (222) Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 17 Avg. Number of Dwelling Units: 420 Directional Distribution: 61% entering, 39% exiting Trip Generation per Dwelling Unit Average Rate 0,35 Range of Rates Standard Deviation 0.23 - 0.50 0.59 Data Plot and Equation T = Average Vehicle Trip Ends 400 100 200 X Actual Data Points 300 400 500 BOO X = Number of Dwelling Units Fitted Curve Equation: T = 0.32(X) + 12.30 Fitted Curve 700 -1 • 800 900 10110 1100 Average Rate R2=0.92 Trip Generation, 9th Edition a Institute of Transportation Engineers 377 Hotel (310) Submitted into the public record for item(s) PZ,B on 1O/Z5/18, City Clerk Average Vehicle Trip Ends vs: Occupied Rooms On a: Weekday Number of Studies: 4 Average Number of Occupied Rooms: 216 Directional Distribution: 50°/° entering, 50% exiting Trip Generation per Occupied Room Average Rate Range of Rates 8.92 4.14 - 17.44 Data Plot and Equation Standard Deviation 6.04 Caution - Use Carefully - Small Sample Size T R Average Vehicle Trip Ends 4,000 3,000 2,000 1,000 0 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 X = Number of Occupied Rooms X Actual Data Points Average Rafe Fitted Curve Equation: Not given R2 = "" 604 Trip Generation, 9th Edition ■ Institute of Transportation Engineers • Submitted into the public record for item(s) PZ.B Hotel on 10125/18, City Clerk (310) Average Vehicle Trip Ends vs: Occupied Rooms On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between T and 9 a.m. Number of Studies: 17 Average Number of Occupied Rooms: 256 Directional Distribution: 58% entering, 42% exiting Trip Generation per Occupied Room Average Rate 0,67 Range of Rates 0.35 - 1.10 Standard Deviation 0.84 Data Plot and Equation T = Average Vehicle Trip Ends 500 400 300 200 100 0 100 X Actual Data Points 200 300 X = Number of Occupied Rooms Pitted Curve Fitted Curve Equation; T 7. 0.78(X) - 29.80 400 Average Rate R2 = 0.69 500 Trip Generation, 9th Edition • institute of Transportation Engineers 605 Hotel (310) Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Average Vehicle Trip Ends vs: Occupied Rooms On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 20 Average Number of Occupied Rooms: 243 Directional Distribution: 49% entering, 51% exiting Trip Generation per Occupied Room Average Rate Range of Rates Standard Deviation 0.70 Data Plot and Equation 0.25 - 1.11 0.87 500 400 x • T = Average Vehicle Trip Ends 300 200 100 0 x 0 100 200 300 400 500 X = Number of Occupied Rooms X Actual Data Points Average Rate Fitted Curve Equation: Not Given 606 Trip Generation, 9t1-1 Edition • Institute of Transportation Engineers Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • Appendix C LOS Analysis Reports • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Existing Conditions AM Page 1 --► 4 k \• •►� Lane Group EBL EBT WBT WBR SBL SBR Lane Configurations 'i TT ft. ''e Traffic Volume (vph) 24 1167 950 15 66 74 Future Volume (vph) 24 1167 950 15 66 74 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 0.95 0.95 0.95 1,00 1.00 Frt 0.996 0,929 Flt Protected 0.950 0.977 Satd. Flow (prof) 1770 3539 3525 0 1691 0 Flt Permitted 0.950 0.977 Satd. Flow (perm) 1770 3539 3525 0 1691 0 Right Turn on Red Yes Yes Satd. Flow (RTOR) 3 27 Link Speed (mph) 40 40 15 Link Distance (ft) 220 223 231 Travel Time (s) 3.8 3.8 10.5 Peak Hour Factor 0,75 0.94 0.91 0.54 0.82 0.84 Adj. Flow (vph) 32 1241 1044 28 80 88 Shared Lane Traffic (%) Lane Group Flow (vph) 32 1241 1072 0 168 0 Enter Blocked Intersection No No No No No No Lane Alignment Left Left Left Right Left Right Median Width(ft) 12 12 12 Link Offset(ft) 0 0 0 Crosswalk Width(ft) 16 16 16 Two way Left Turn Lane Yes Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 Number of Detectors 1 2 2 1 Detector Template Left Thru Thru Left Leading Detector (ft) 20 100 100 20 Trailing Detector (ft) 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 Detector 1 Size(ft) 20 6 6 20 Detector 1 Type CI+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0.0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0,0 Detector 2 Position(ft) 94 94 Detector 2 Size(ft) 6 6 Detector 2 Type CI+Ex CI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 Turn Type Prot NA NA Prot Protected Phases 1 1 2 2 3 Permitted Phases Detector Phase 1 1 2 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 Existing Conditions AM 6/19/2018 Baseline Synchro 9 Report Page 1 • Submitted into the public record for item(s) P2.8 on 10/25/18, City Clerk • • • Existing Conditions AM Lane Group _ EBL EBT WBT WBR SBL SBR Page 2 Minimum Split (s) 22.5 120.5 44.5 Total Split (s) 23.0 120.5 44.5 Total Split (%) 12.2% 64.1% 23.7% Maximum Green (s) 18.5 116.0 40.0 Yellow Time (s) 4.0 4.0 4.0 All -Red Time (s) 0.5 0.5 0.5 Lost Time Adjust (s) 0.0 0.0 0.0 Total Lost Time (s) 4.5 4.5 4.5 Lead/Lag Lead Lag Lead -Lag Optimize? Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 Recall Mode None None None Walk Time (s) 22.0 Flash Dont Walk (s) 11.0 Pedestrian Calls (#fhr) 0 Act Effct Green (s) 18.5 137.0 114.0 40.0 Actuated g/C Ratio 0.10 0.74 0.61 0.22 v/c Ratio 0.18 0.48 0.50 0.44 Control Delay 79.7 10.7 20.9 56.8 Queue Delay 0.0 0.0 0.0 0.0 Total Delay 79.7 10.7 20.9 56.8 LOS E B C E Approach Delay 12.4 20.9 56.8 Approach LOS B C E Interiection,Surnmary ,x. Area Type: Other Cycle Length: 188 Actuated Cycle Length: 186 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum v/c Ratio: 0.50 Intersection Signal Delay: 19.0 Intersection Capacity Utilization 135.8% Analysis Period (min) 15 Splits and Phases: 3: Intersection LOS: B ICU Level of Service H Existing Conditions AM 6/19/2018 Baseline Synchro 9 Report Page 2 Submitted into the public record for item(s) PZ.B on 19 z5 i8 City Clerk With Proposed Project Access NW 7Th St. (AM) Page 1 4/ Lane Grou EBL EBT WBT WBR SBL SBR Lane Configurations 'f Tf ti+ *fr Traffic Volume (vph) 124 1167 950 97 185 238 Future Volume (vph) 124 1167 950 97 185 238 Ideal. Flow (vphpl) 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 0.95 0.95 0.95 1.00 1.00 Fri 0.978 0.923 Flt Protected 0.950 0.979 Satd. Flow (prat) 1770 3539 3461 0 1683 0 Flt Permitted 0.950 0.979 Satd. Flow (perm) 1770 3539 3461 0 1683 0 Right Turn on Red Yes Yes Satd. Flow (RTOR) 19 32 Link Speed (mph) 40 40 15 Link Distance (ft) 220 223 231 Travel Time (s) 3.8 3.8 10.5 Peak Hour Factor 0.75 0.94 0.91 0.54 0.84 0.82 Adj. Flow (vph) 165 1241 1044 180 220 290 Shared Lane Traffic (%) Lane Group Flow (vph) 165 1241 1224 0 510 0 Enter Blocked Intersection No No No No No No Lane Alignment Left Left Left Right Left Right Median Width(ft) 12 12 12 Link Offset(ft) 0 0 0 Crosswalk Width(ft) 16 16 16 Two way Left Turn Lane Yes Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 Number of Detectors 1 2 2 1 Detector Template Left Thru Thru Left Leading Detector (ft) 20 100 100 20 Trailing Detector (ft) 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 Detector 1 Size(ft) 20 6 6 20 Detector 1 Type CI+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0.0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0.0 Detector 2 Position(ft) 94 94 Detector 2 Size(ft) 6 6 Detector 2 Type CI+Ex Cl+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 Turn Type Prot NA NA Prot Protected Phases 1 1 2 2 3 Permitted Phases Detector Phase 1 1 2 2 3 Switch Phase Minimum 'Initial (s) 18.0 114.0 40.0 With Proposed Project Access NW 7Th St. (AM) 6/27/2018 Baseline Synchro 9 Report Page 1 • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk With Proposed Project Access NW 7Th St. (AM) Page 2 `- t \ 4/ Lane Group EBL EBT WBT WBR SBL SBR Minimum Split (s) 22.5 120.5 44.5 Total Split (s) 23.0 120.5 44.5 Total Split (%) 12.2% 64.1% 23.7% Maximum Green (s) 20.5 116.0 40.0 Yellow Time (s) 2,0 4.0 4.0 All -Red Time (s) 0.5 0.5 0.5 Lost Time Adjust (s) 0.0 0.0 0.0 Total Lost Time (s) 2.5 4.5 4.5 Lead/Lag Lead Lag Lead -Lag Optimize? Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 Recall Mode None None None Walk Time (s) 22.0 Flash Dont Walk (s) 11.0 Pedestrian Colts (#/hr) 0 Act Effct Green (s) 20.5 139.4 114.4 40.0 Actuated g/C Ratio 0.11 0,75 0.61 0.21 v/c Ratio 0.85 0.47 0.57 1.32 Control Delay 114.7 9.8 22.4 210.9 Queue Delay 0.0 0.0 0.0 0.0 Total Delay 114.7 9.8 22.4 210.9 LOS F A C F Approach Delay 22.1 22.4 210.9 Approach LOS C C F Inteiection Seimrruar r Area Type: Other Cycle Length: 188 Actuated Cycle Length: 186.4 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum vlc Ratio: 1.32 Intersection Signal Delay: 52.9 Intersection Capacity Utilization 143.5% Analysis Period (min) 15 Splits and Phases: 3: Intersection LOS: D ICU Level of Service H 0 With Proposed Project Access NW 7Th St. (AM) 6/27/2018 Baseline Synchro 9 Report Page 2 Submitted into the public record for item(s) PZ.8 an 10/25/18, City Clerk With Proposed Project Access NW 7th St. and NW 47 Ave. (AM) Page 1 • -. 4 \. 4' Lane Group EBL EBT WBT WBR SBL SBR Lane Configurations ) +1 +t. ¥ Traffic Volume (vph) 124 1167 950 61 126 238 Future Volume (vph) 124 1167 950 61 126 238 Ideal Flow (vphpf) 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 0.95 0.95 0.95 1.00 1.00 Frt 0.985 0.911 Fit Protected 0.950 0.983 Satd. Flow (prat) 1770 3539 3486 0 1668 0 Flt Permitted 0.950 0.983 Said. Flow (perm) 1770 3539 3486 0 1668 0 Right Tum on Red Yes Yes Satd. Flow (RTOR) 11 47 Link Speed (mph) 40 40 15 Link Distance (ft) 220 223 231 Travel Time (s) 3.8 3.8 10.5 Peak Hour Factor 0.75 0.94 0.91 0.54 0.84 0.82 Adj. Flow (vph) 165 1241 1044 113 150 290 Shared Lane Traffic (%) Lane Group Flow (vph) 165 1241 1157 0 440 0 Enter Blocked Intersection No No No No No No Lane Alignment Left Left Left Right Left Right Medan Width(ft) 12 12 12 Link Offset(ft) 0 0 0 Crosswalk Width(ft) 16 16 16 Two way Left Tum Lane Yes Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 Number of Detectors 1 2 2 1 Detector Template Left Thru Thru Left Leading Detector (ft) 20 100 100 20 Trailing Detector (ft) 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 Detector 1 Size(ft) 20 6 6 20 Detector 1 Type Ci+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0.0 Detector 1 Queue (s) 0,0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0.0 Detector 2 Position(ft) 94 94 Detector 2 Size(ft) 6 6 Detector 2 Type CI+Ex CI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 Turn Type Prot NA NA Prot Protected Phases 1 1 2 2 3 Permitted Phases Detector Phase 1 1 2 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 With Proposed Project Access NW 7th St. and NW 47 Ave. (AM) 6/27/2018 Baseline • Synchro 9 Report 411 Page 1 r Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • • With Proposed Project Access NW 7th St. and NW 47 Ave. (AM) Page 2 t \ d Lane Groat EBL EBT WBT WBR SOL SBR Minimum Split (s) 22.5 120.5 44.5 Total Split (s) 23.0 120.5 44,5 Total Split (%) 12.2% 64.1% 23.7% Maximum Green (s) 20.5 116.0 40.0 Yellow Time (s) 2.0 4.0 4.0 All -Red Time (s) 0.5 0.5 0.5 Lost Time Adjust (s) 0.0 0.0 0.0 Total Lost Time (s) 2.5 4.5 4,5 Lead/Lag Lead Lag Lead -Lag Optimize? Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 Recall Mode None None None Walk Time (s) 22.0 Flash Dont Walk (s) 11.0 Pedestrian Calls (#lhr) 0 Act Effct Green (s) 20.5 139.0 114.0 40.0 Actuated gIC Ratio 0.11 0.75 0.61 0.22 vlc Ratio 0.85 0.47 0.54 1.11 Control Delay 114.2 9.8 21.8 136.3 Queue Delay 0.0 0.0 0.0 0.0 Total Delay 114.2 9.8 21.8 136.3 LOS F A C F Approach Delay 22.1 21.8 136.3 Approach LOS C C F Inter ern SUrnrnary Area Type: Cycle Length: 188 Actuated Cycle Length: 186 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum vlc Ratio: 1.11 Intersection Signal Delay: 38.7 Intersection Capacity Utilization 143.5% Analysis Period (min) 15 Splits and Phases: 3: Other Intersection LOS: D ICU Level of Service H -401 02 I\1733 With Proposed Project Access NW 7th St, and NW 47 Ave. (AM) 6/2712018 Baseline Synchro 9 Report Page 2 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk PM Existing Conditions Page 1 1 � ``. •ei Lane Group EBL EBT WBT WBR SBL SBR Lane Configurations 'i t1 t1+ Traffic Volume (vph) 76 1098 1235 59 30 36 Future Volume (vph) 76 1098 1235 59 30 36 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Lane UUI. Factor 1.00 0.95 0.95 0.95 1.00 1.00 Frt 0.992 0.926 Fit Protected 0.950 0.978 Satd. Flow (prat) 1770 3539 3511 0 1687 0 Flt Permitted 0.950 0.978 Satd. Flow (perm) 1770 3539 3511 0 1687 0 Right Tum on Red Yes Yes Satd. Flow (RTOR) 6 29 Link Speed (mph) 40 40 15 Link Distance (ft) 220 223 231 Travel Time (s) 3.8 3.8 10.5 Peak Hour Factor 0.73 0.96 0.89 0.74 0.75 0.75 Adj. Flow (vph) 104 1144 1388 80 40 48 Shared Lane Traffic (°%) Lane Group Flow (vph) 104 1144 1468 0 88 0 Enter Blocked Intersection No No No No No No Lane Alignment Left Left Left Right Left Right Median Width(ft) 12 12 12 Link Offset(ft) 0 0 0 Crosswalk Width(ft) 16 16 16 Two way Left Turn Lane Yes Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 Number of Detectors 1 2 2 1 Detector Template Left Thru Thru Left Leading Detector (ft) 20 100 100 20 Trailing Detector (ft) 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 Detector 1 Size(ft) 20 6 6 20 Detector 1 Type CI+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0,0 0.0 0.0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0,0 Detector 2 Position(ft) 94 94 Detector 2 Size(ft) 6 6 Detector 2 Type CI+Ex CI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 Tum Type Prot NA NA Prot Protected Phases 1 1 2 2 3 Permitted Phases Detector Phase 1 1 2 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 PM Existing Conditions 4:00 pm 6/19/2018 Baseline • Synchro 9 Report 0 Page 1 • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk PM Existing Conditions Page 2 Lane Group EBL EBT WBT WBR SBL SBR Minimum Split (s) 22.5 120.5 44.5 Total Split (s) 23.0 120.5 44.5 Total Split (°lo) 12.2% 64.1°I0 23.7% Maximum Green (s) 18.5 116.0 40.0 Yellow Time (s) 4.0 4.0 4.0 At -Red Time (s) 0.5 0.5 0.5 Lost Time Adjust (s) 0.0 0.0 0.0 Total Lost Time (s) 4.5 4.5 4.5 Lead/Lag Lead Lag Lead -Lag Optimize? Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 Recall Mode None None None Walk Time (s) 22.0 Flash Dont Walk (s) 11.0 Pedestrian Calls (#/hr) 0 Act Effct Green (s) 18.5 137.8 114.8 40.0 Actuated g/C Ratio 0.10 0.74 0.61 0.21 v/c Ratio 0.59 0.44 0.68 0,23 Control Delay 95.4 10.1 25.7 42.2 Queue Delay 0.0 0.0 0.0 0.0 Total Delay 95.4 10.1 25.7 42,2 LOS F B C D Approach Delay 17.2 25.7 42.2 Approach LOS B C D Intersection Summary Area Type: Other Cycle Length: 188 Actuated Cycle Length: 186.8 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum v/c Ratio: 0.68 Intersection Signal Delay: 22,5 Intersection Capacity Utilization 135.8% Analysis Period (min) 15 Splits and Phases: 3: Intersection LOS: C ICU Level of Service H 4en ©2 3 411 PM Existing Conditions 4:00 pm 6/19/2018 Baseline Synchro 9 Report Page 2 Submitted into the public record for item(s) PZ.8 on 10125/18i City Clerk With Proposed Project Access NW7th St. (PM) Page 1 • 4, Lane Group EBL EBT WBT WBR SBL SBR Lane Configurations '4 1T +A V Traffic Volume (vph) 232 1098 1235 185 122 164 Future Volume (vph) 232 1098 1235 185 122 164 Ideal Flow (vphpt) 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 0.95 0.95 0.95 1.00 1.00 Fri 0.977 0.923 Fit Protected 0.950 0.979 Satd. Flow (prat) 1770 3539 3458 0 1683 0 Flt Permitted 0.950 0.979 Satd. Flow (perm) 1770 3539 3458 0 1683 0 Right Turn on Red Yes Yes Satd. Flow (RTOR) 21 33 Link Speed (mph) 40 40 15 Link Distance (ft) 220 223 231 Travel Time (s) 3.8 3.8 10.5 Peak Hour Factor 0.73 0.97 0.89 0.74 0.75 0,75 Adj. Flow (vph) 318 1132 1388 250 163 219 Shared Lane Traffic (%) Lane Group Flow (vph) 318 1132 1638 0 382 0 Enter Blocked Intersection No No No No No No Lane Alignment Left Left Left Right Left Right Median Width(ft) 12 12 12 Link Offset(ft) 0 0 0 Crosswalk Width(ft) 16 16 16 Two way Left Turn Lane Yes Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 Number of Detectors 1 2 2 1 Detector Template Left Thru Thru Left Leading Detector (ft) 20 100 100 20 Trailing Detector (ft) 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 Detector 1 Size(ft) 20 6 6 20 Detector 1 Type Ci+Ex CI+€x CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0.0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0.0 Detector 2 Position(ft) 94 94 Detector 2 Size(ft) 6 6 Detector 2 Type Ci+Ex CI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 Turn Type Prot NA NA Prot Protected Phases 1 1 2 2 3 Permitted Phases Detector Phase 1 1 2 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 With Proposed Project Access NW7th St. (PM) 6/27/2018 Baseline Synchro 9 Report Page 1 • • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk With Proposed Project Access NW7th St. (PM) Page 2 �. ♦- ti r Lane Group EBL EBT WBT WBR SBL SBR Minimum Split (s) Total Split (s) Total Split (%) Maximum Green (s) Yellow Time (s) All -Red Time (s) Lost Time Adjust (s) Total Lost Time (s) Lead/Lag Lead -Lag Optimize? Vehicle Extension (s) Recall Mode Walk Time (s) Flash Dont Walk (s) Pedestrian Calls (Or) Act Effct Green (s) Actuated g/C Ratio vlc Ratio Control Delay Queue Delay Total Delay LOS Approach Delay Approach LOS 22.5 120.5 44.5 22.5 120.5 44.5 12.0% 64.3% 231% 20.0 116.0 40.0 2.0 4.0 4.0 0.5 0.5 0.5 0.0 0.0 0.0 2.5 4.5 4.5 Lead Lag Yes Yes 3.0 3.0 3.0 None None None 20.0 139.7 115.2 0.11 0.75 0.62 1.68 0.43 0.77 373.7 9.3 28.6 0.0 0.0 0.0 373.7 9.3 28.6 F A C 89.2 28.6 F C 22.0 11,0 0 40.0 0.21 0,99 107.9 0.0 107.9 F 107.9 F Area Type: Cycle Length: 187,5 Actuated Cycle Length: 186,7 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum vic Ratio: 1.68 Intersection Signal Delay: 62.6 Intersection Capacity Utilization 154.2% Analysis Period (min) 15 Splits and Phases: 3: Other Intersection LOS: E ICU Level of Service l•t 0 With Proposed Project Access NW7th St. (PM) 6/27/2018 Baseline Synahro 9 Report Page 2 Submitted into the public record for item(s) PZ.8 on i ! 2 . 1$ City Clerk • 4 With Proposed Project Access NW 7th St. and NW 47 Ave. (PM) Page 1 4 y r Lane Group EBL EST WBT WBR SBL SBR Lane Configurations )i ++ ft, Traffic Volume (vph) 232 1098 1235 129 76 164 Future Volume (vph) 232 1098 1235 129 76 164 ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Lane Uhl. Factor 1.00 0.95 0.95 0.95 1.00 1.00 Frt 0.983 0.908 Fit Protected 0.950 0.984 Satd. Flow (prat) 1770 3539 3479 0 1664 0 Flt Permitted 0.950 0.984 Satd. Flow (perm) 1770 3539 3479 0 1664 0 Right Tum on Red Yes Yes Said, Flow (RTOR) 13 53 Link Speed (mph) 40 40 15 Link Distance (ft) 220 223 231 Travel Time (s) 3.8 3.8 10.5 Peak Hour Factor 0.73 0.96 0.89 0.74 0.75 0.75 Adj, Flow (vph) 318 1144 1388 174 101 219 Shared Lane Traffic (%) Lane Group Flow (vph) 318 1144 1562 0 320 0 Enter Blocked Intersection No No No No No No Lane Alignment Left Left Left Right Left Right Median Width(ft) 12 12 12 Link Offset(ft) 0 0 0 Crosswalk Width(ft) 16 16 16 Two way Left Tum Lane Yes Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 Number of Detectors 1 2 2 1 Detector Template Left Thru Thru Left Leading Detector (ft) 20 100 100 20 Trailing Detector (ft) 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 Detector 1 Size(ft) 20 6 6 20 Detector 1 Type CI+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0.0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0.0 Detector 2 Position(ft) 94 94 Detector 2 Size(ft) 6 6 Detector 2 Type CI+Ex CI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0,0 Turn Type Prot NA NA Prot Protected Phases 1 1 2 2 3 Permitted Phases Detector Phase 1 1 2 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 With Proposed Project Access NW 7th St. and NW 47 Ave. (PM) 12:00 pm 6/27/2018 Baseline Synchro 9 Report Page 1 • • • Submitted into the public record for item(s) P2.8 on 10/25/18, City Clerk With Proposed Project Access NW 7th St. and NW 47 Ave. (PM) Page 2 1 4- '`/ i` Lane Group EBL EBT WBT WBR SBL SBR Minimum Split (s) 22.5 120.5 44.5 Total Split (s) 23.0 120.5 44.5 Total Split (%) 12.2% 64.1% 23.7% Maximum Green (s) 20.5 116.0 40.0 Yellow Time (s) 2.0 4.0 4.0 All -Red Time (s) 0.5 0.5 0.5 Lost Time Adjust (s) 0.0 0.0 0.0 Total Lost Time (s) 2.5 4.5 4.5 LeadlLag Lead Lag Lead -Lag Optimize? Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 Recall Mode None None None Walk Time (s) 22.0 Flash Dont Walk (s) 11.0 Pedestrian Calls (#lhr) Act Effct Green (s) Actuated g1C Ratio vie Ratio Control Delay Queue Delay Total Delay LOS Approach Delay Approach LOS itflers4c ion Stoma r Area Type: Cycle Length: 188 Actuated Cycle Length: 187.1 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum vlc Ratio: 1.64 Intersection Signal Delay: 56.9 Intersection Capacity Utilization 154.2% Analysis Period (min) 15 20.5 140.1 115.1 0.11 0.75 0.62 1.64 0.43 0.73 355.7 9.3 27.4 0.0 0.0 0.0 355.7 9.3 27.4 F A C 84.6 27.4 F C Splits and Phases: 3: Other 0 40.0 0.21 0.81 74.3 0.0 74.3 E 74.3 E Intersection LOS: E ICU Level of Service H With Proposed Project Access NW 7th St. and NW 47 Ave. (PM) 12:00 pm 6127/2018 Baseline Synchro 9 Report Page 2 Submitted into the public record for item(s) Pz.8 on 10/25/18, City Clerk Projected year 2023 Existing Conditions AM Page 1 • 4- k Lane Group EBL EBT WBT WBR SBL SBR Lane Configurations i 4T tt+ V Traffic Volume (vph) 26 1282 1044 16 73 81 Future Volume (vph) 26 1282 1044 16 73 81 Ideal Flow (vphpi) 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 0.95 0.95 0.95 1.00 1.00 Frt 0.996 0.930 Flt Protected 0.950 0.977 Satd. Flow (prot) 1770 3539 3525 0 1693 0 Flt Permitted 0.950 0.977 Satd. Flow (perm) 1770 3539 3525 0 1693 0 Right Turn on Red Yes Yes Satd. Flow (RTOR) 3 26 Link Speed (mph) 40 40 15 Link Distance (ft) 220 223 231 Travel Time (s) 3.8 3.8 10.5 Peak Hour Factor 0.75 0.94 0.91 0.54 0.82 0.84 Adj. Flow (vph) 35 1364 1147 30 89 96 Shared Lane Traffic (%) Lane Group Flow (vph) 35 1364 1177 0 185 0 Enter Blocked Intersection No No No No No No Lane Alignment Left Left Left Right Lett Right Median Width(ft) 12 12 12 Link Offset(ft) 0 0 0 Crosswalk Width(ft) 16 16 16 Two way Left Turn Lane Yes Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 Number of Detectors 1 2 2 1 Detector Template Left Thru Thru Left Leading Detector (ft) 20 100 100 20 Trailing Detector (ft) 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 Detector 1 Size(ft) 20 6 6 20 Detector 1 Type CI+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0.0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0,0 Detector 2 Position(ft) 94 94 Detector 2 Size(ft) 6 6 Detector 2 Type CI+Ex CI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 Turn Type Prot NA NA Prot Protected Phases 1 1 2 2 3 Permitted Phases Detector Phase 1 1 2 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 Projected year 2023 Existing Conditions AM 09/2018 Baseline Synchro 9 Report Page 1 • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • • Projected year 2023 Existing Conditions AM Page 2 4/ Lane Group EBL EBT WBT WBR 5BL SBR Minimum Split (s) Total Split (s) Total Split (%) Maximum Green (s) Yellow Time (s) All -Red Time (s) Lost Time Adjust (s) Total Lost Time (s) Lead/Lag Lead -Lag Optimize? Vehide Extension (s) Recall Mode Walk Time (s) Flash Dont Walk (s) Pedestrian Calls (#ihr) Act Effct Green (s) Actuated g!C Ratio vic Ratio Control Delay Queue Delay Total Delay LOS Approach Delay Approach LOS intersection Summary Area Type: Cycle Length: 188 Actuated Cycle Length: 186.4 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum vie Ratio: 0.54 Intersection Signal Delay: 20.0 Intersection Capacity Utilization 135.8% Analysis Period (min) 15 22,5 120.5 44.5 23.0 120.5 44.5 12.2% 64.1% 23.7% 18.5 116.0 40.0 4.0 4.0 4.0 0.5 0,5 0,5 0.0 0.0 0.0 4,5 4,5 4.5 Lead Lag Yes Yes 3.0 3.0 3.0 None None None 18.5 137.4 114.4 0.10 0.74 0.61 0.20 0.52 0.54 80.5 11.3 22.0 0.0 0.0 0.0 80.5 11.3 22.0 F B C 13.1 22.0 B C Splits and Phases: 3: Other 22.0 11.0 0 40.0 0.21 0.48 59.7 0.0 59.7 E 59.7 E Intersection LOS: B ICU Level of Service H -40i 2 Projected year 2023 Existing Conditions AM 6/19/2018 Baseline Synchro 9 Report Page 2 Submitted into the public record for item(s) PZ.$ on 10/25/14, City Clerk Projected year 2023 With Proposed Project Access NW 7Th St. (AM) -4. 44N, \. 4/ Lane Group EBL EBT WIN W8R SBL SBR Lane Configurations Traffic Volume (vph) Future Volume (vph) Ideal Flow (vphpl) Lane Util. Factor Frt Flt Protected Satd. Flow (prot) Flt Permitted Satd. Flow (perm) Right Turn on Red Satd. Flow (RTOR) Link Speed (mph) Link Distance (ft) Travel Time (s) Peak Hour Factor Adj. Flow (vph) Shared Lane Traffic (%) Lane Group Flow (vph) Enter Blocked Intersection Lane Alignment Median Width(ft) Link Offset(ft) Crosswalk Width(ft) Two way Left Turn Lane Headway Factor Turning Speed (mph) Number of Detectors Detector Template Leading Detector (ft) Trailing Detector (ft) Detector 1 Position(ft) Detector 1 Size(ft) Detector 1 Type Detector 1 Channel Detector 1 Extend (s) Detector 1 Queue (s) Detector 1 Delay (s) Detector 2 Position(ft) Detector 2 Size(ft) Detector 2 Type Detector 2 Channel Detector 2 Extend (s) Turn Type Protected Phases Permitted Phases Detector Phase Switch Phase Minimum Initial (s) ft TA V 150 1282 1044 113 258 319 150 1282 1044 113 258 319 1900 1900 1900 1900 1900 1900 1.00 0.95 0.95 0.95 1.00 1.00 0.977 0.925 0.950 0.978 1770 3539 3458 0 1685 0 0.950 0.978 1770 3539 3458 0 1685 0 Yes Yes 21 31 40 40 15 220 223 231 3.8 3,8 10.5 0.75 0,94 0.91 0.54 0.84 0.82 200 1364 1147 209 307 389 200 No Left 1.00 15 1 Left 20 0 0 20 CI+Ex 0.0 0.0 0.0 Prot 1 1364 1356 No No Left Left 12 12 0 0 16 16 Yes 1.00 1.00 2 Thru 100 0 0 6 CI+Ex 0.0 0.0 0.0 94 6 CI+Ex 0.0 NA 12 2 Thru 100 0 0 6 CI+Ex 0.0 0.0 0.0 94 6 CI+Ex 0.0 NA 2 0 No Right 696 0 No No Left Right 12 0 16 1,00 1.00 1,00 9 15 9 1 Left 20 0 0 20 CI+Ex 0.0 0.0 0.0 Prot 3 1 12 2 3 18.0 114.0 40.0 Page 1 • Projected year 2023 With Proposed Project Access NW 7Th St. (AM) 6/27/2018 Baseline • Synchro 9 Report Page 1 411/ • • • Submitted into the public record for item(s) P2,8 on 10/Z5/18, City Clerk Projected year 2023 With Proposed Project Access NW 7Th St. (AM) Page 2 �► 4 t ti r Lane Group EBL EBT WBT WBR SBL SBR Minimum Split (s) 22.5 120,5 44.5 Total Split (s) 23.0 120.5 44.5 Total Split (°I°) 12.2°I° 64.1% 23.7% Maximum Green (s) 20.5 116.0 40.0 Yellow Time (s) 2.0 4.0 4.0 All -Red Time (s) 0.5 0.5 0.5 Lost Time Adjust (s) 0.0 0.0 0,0 Total Lost Time (s) 2.5 4.5 4.5 Lead/Lag Lead Lag Lead -Lag Optimize? Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 Recall Mode None None None Walk Time (s) 22.0 Flash Dont Walk (s) 11.0 Pedestrian Calls (#Ihr) 0 Act Effct Green (s) 20.5 139.8 114.8 40.0 Actuated gIC Ratio 0.11 0.75 0.61 0.21 v!c Ratio 1.03 0.52 0.64 1.81 Control Delay 149.7 10.4 24.0 410.3 Queue Delay 0.0 0.0 0.0 0.0 Total Delay 149.7 10.4 24.0 410.3 LOS F B C F Approach Delay 28.2 24.0 410.3 Approach LOS C C F Intersection Summary Area Type: Other Cycle Length: 188 Actuated Cycle Length: 186.8 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum v/c Ratio: 1.81 Intersection Signal Delay: 100.2 Intersection Capacity Utilization 154.7% Analysis Period (min) 15 Splits and Phases: 3: 401 �p2 Intersection LOS: F ICU Level of Service H Projected year 2023 With Proposed Project Access NW 7Th St. (AM) 6/27/2018 Baseline Synchro 9 Report Page 2 Projected year 2023 With Lane Group Lane Configurations Traffic Volume (vph) Future Volume (vph) Ideal Flow (vphpl) Lane Utif. Factor Frt Flt Protected Satd. Flow (pot) Fit Permitted Satd. Flow (perm) Right Turn on Red Satd. Flow (RTOR) Link Speed (mph) Link Distance (ft) Travel Time (s) Peak Hour Factor Adj. Flow (vph) Shared Lane Traffic (%) Lane Group Flow (vph) Enter Blocked Intersection Lane Alignment Median Width(ft) Link Offset(ft) Crosswalk Width(ft) Two way Left Turn Lane Headway Factor Turning Speed (mph) Number of Detectors Detector Template Leading Detector (ft) Trailing Detector (ft) Detector 1 Position(ft) Detector 1 Size(ft) Detector 1 Type Detector 1 Channel Detector 1 Extend (s) Detector 1 Queue (s) Detector 1 Delay (s) Detector 2 Position(ft) Detector 2 Size(ft) Detector 2 Type Detector 2 Channel Detector 2 Extend (s) Turn Type Protected Phases Permitted Phases Detector Phase Switch Phase Minimum Initial (s) EBL 150 150 1900 1.00 0.950 1770 3539 3479 0.950 1770 3539 3479 0,75 200 200 No Left 1.00 15 1 Left 20 0 0 20 CI+Ex 0.0 0.0 0.0 Prot 1 1 40 220 3.8 0.94 1364 1364 No Left 12 0 16 1.00 Submitted into the public record for item(s) P2.8 on 10/25/18, City Clerk Proposed Project Access NW 7Th St. and NW 47 Ave. (AM) Pagel -. 4- t ti I EBT WBT WBR SBL SBR T! Tt" V 1282 1044 77 199 319 1282 1044 77 199 319 1900 1900 1900 1900 1900 0.95 0.95 0.95 1.00 1.00 0.983 0.916 0.981 0 1674 0 0.981 0 1674 0 Yes Yes 13 40 223 3.8 0.91 0.54 1147 143 1290 No Left 12 0 16 Yes 1.00 2 2 Thru Thru 100 100 0 0 0 0 6 6 CI+Ex CI+Ex 0.0 0.0 0.0 94 6 CI+Ex 0.0 NA 12 0.0 0.0 0.0 94 6 CI+Ex 0.0 NA 2 12 2 0 No Right 40 15 231 10.5 0.84 0.82 237 389 626 0 No No Left Right 12 0 16 1.00 1.00 1.00 9 15 9 1 Left 20 0 0 20 CI+Ex 0.0 0.0 0.0 Prot 3 3 18.0 114.0 40.0 Projected year 2023 With Proposed Project Access NW 7Th St. and NW 47 Ave. (AM) 612712018 Baseline • Synchro 9 Report • Page 1 • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Projected year 2023 With Proposed Project Access NW 7Th St. and NW 47 Ave. (AM) Pale 2 f --, i- t \ 4/ Lane Group EBL EBT WBT WBR SBL SBR Minimum Split (s) 22.5 120.5 44.5 Total Split (s) 23.0 120.5 44.5 Total Split (%) 12.2% 64.1 %a 23.7% Maximum Green (s) 20.5 116.0 40.0 Yellow Time (s) 2.0 4.0 4.0 AI! -Red Time (s) 0.5 0.5 0.5 Lost Time Adjust (s) 0.0 0.0 0.0 Total Lost Time (s) 2.5 4.5 4.5 LeadlLag Lead Lag Lead -Lag Optimize? Yes Yes Vehicle Extension (s) 3.0 3.0 Recall Mode None None Walk Time (s) Flash Dont Walk (s) Pedestrian Calls (Mir) Act Effct Green (s) Actuated g/C Ratio v!c Ratio Control Delay Queue Delay Total Delay LOS Approach Delay Approach LOS Intersection Summary Area Type: Cycle Length: 188 Actuated Cycle Length: 186.4 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum v!c Ratio: 1.61 intersection Signal Delay: 79.4 Intersection Capacity Utilization 154.2% Analysis Period (min) 15 20,5 139.4 114.4 D.11 0.75 0.61 1.03 0.52 0.60 149.1 10.5 23.3 0.0 0.0 0.0 149.1 10.5 23.3 F B C 28.2 23.3 C C Splits and Phases: 3: Other 3.0 None 22.0 11.0 0 40,0 0.21 1.61 323.3 0.0 323.3 F 323.3 F Intersection LOS: E ICU Level of Service H Projected year 2023 With Proposed Project Access NW 7Th St. and NW 47 Ave. (AM) 6127/2018 Baseline Synchro 9 Report Page 2 Submitted into the public record for itern(s) PZ.8 on 10/25/18, City Clerk Projected year 2023 Existing Conditions (PM) Page 1 • 4- 4. \, r Lane Group EBL EBT WBT WBR SBL SOR Lane Configurations 't ft 0 NI Traffic Volume (vph) 83 1206 1357 65 33 40 Future Volume (vph) 83 1206 1357 65 33 40 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Lane Lltil, Factor 1.00 0.95 0.95 0.95 1.00 1.00 Frt 0.992 0.926 Fit Protected 0.950 0.978 Satd. Flow (prot) 1770 3539 3511 0 1687 0 Flt Permitted 0.950 0.978 Satd, Flow (perm) 1770 3539 3511 0 1687 0 Right Turn on Red Yes Yes Satd. Flow (RTOR) 6 29 Link Speed (mph) 40 40 15 Link Distance (ft) 220 223 231 Travel Time (s) 3.8 3.8 10.5 Peak Hour Factor 0.73 0,96 0.89 0.74 0.75 0.75 Adj. Flow (vph) 114 1256 1525 88 44 53 Shared Lane Traffic (%) Lane Group Flow (vph) 114 1256 1613 0 97 0 Enter Blocked Intersection No No No No No No Lane Alignment Left Left Left Right Left Right Median Width(ft) 12 12 12 Link Offset(ft) 0 0 0 Crosswalk Width(ft) 16 16 16 Two way Left Turn Lane Yes Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 Number of Detectors 1 2 2 1 Detector Template Left Thru Thru Left Leading Detector (ft) 20 100 100 20 Trailing Detector (ft) 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 Detector 1 Size(ft) 20 6 6 20 Detector 1 Type CI+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0.0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0.0 Detector 2 Position(ft) 94 94 Detector 2 Size(ft) 6 6 Detector 2 Type CH -Ex Cl+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 Turn Type Prot. NA NA Prot Protected Phases 1 1 2 2 3 Permitted Phases Detector Phase 1 1 2 2 3 Switch Phase Minimum initial (s) 18.0 114.0 40.0 Projected year 2023 Existing Conditions (PM) 4:00 pm 6/19/2018 Baseline • Synchro 9 Report 40 Page 1 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • • Projected year 2023 Existing Conditions (PM) Page 2 .s -. 1- t \ .r Lane Group EBL EBT WBT WBR SBL SBR Minimum Split (s) 22.5 120.5 44.5 Total Split (s) 23.0 120.5 44.5 Total Split (%) 12.2% 64.1% 23.7% Maximum Green (s) 18.5 116.0 40.0 Yellow Time (s) 4.0 4.0 4.0 All -Red Time (s) 0.5 0.5 0.5 Lost Time Adjust (s) 0.0 0.0 0.0 Total Lost Time (s) 4.5 4.5 4.5 Lead/Lag Lead Lag Lead -Lag Optimize? Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 Recall Mode None None None Walk Time (s) 22,0 Flash Dont Walk (s) 11.0 Pedestrian Calls (#/hr) 0 Act Effct Green (s) 18.5 138.2 115.2 40.0 Actuated gIC Ratio 0.10 0.74 0.62 0.21 vlc Ratio 0.65 0.48 0.75 0.25 Control Delay 99.5 10.7 28.2 44.6 Queue Delay 0.0 0.0 0.0 0.0 Total Delay 99,5 10.7 28.2 44,6 LOS F B C D Approach Delay 18.1 28,2 44,6 Approach LOS B C D Interser ion Summary Area Type: Other Cycle Length: 188 Actuated Cycle Length: 187.2 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum vlc Ratio: 0.75 Intersection Signal Delay: 24.2 Intersection Capacity Utilization 135.8% Analysis Period (min) 15 Splits and Phases: 3: Intersection LOS: C ICU Level of Service H IDProjected year 2023 Existing Conditions (PM) 4:00 pm 6/19/2018 Baseline Synchro 9 Report Page 2 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Projected year 2023 With Proposed Project Access NW7th St. (PM) Page 1 -:. F \Jo. 4/ Lane Group EBL EBT WBT WBR SBL SBR Lane Configurations `f +1 tt Traffic Volume (vph) 315 1206 1357 250 155 204 Future Volume (vph) 315 1206 1357 250 155 204 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 0.95 0.95 0.95 1.00 1.00 Frt 0.973 0.923 Flt Protected 0.950 0.979 Satd. Flow (prot) 1770 3539 3444 0 1683 0 Flt Permitted 0.950 0.979 Satd. Flow (perm) 1770 3539 3444 0 1683 0 Right Tum an Red Yes Yes Satd. Flow (RTOR) 26 32 Link Speed (mph) 40 40 15 Link Distance (ft) 220 223 231 Travel Time (s) 3.8 3.8 10.5 Peak Hour Factor 0.73 0.97 0.89 0.74 0.75 0.75 Adj. Flow (vph) 432 1243 1525 338 207 272 Shared Lane Traffic (%) Lane Group Flow (vph) 432 1243 1863 0 479 0 Enter Blocked Intersection No No No No No No Lane Alignment Left Left Left Right Left Right Median Width(ft) 12 12 12 Link Offset(ft) 0 0 0 Crosswalk Width(ft) 16 16 16 Two way Left Tum Lane Yes Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 Number of Detectors 1 2 2 1 Detector Template Left Thru Thru Left Leading Detector (ft) 20 100 100 20 Trailing Detector (ft) 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 Detector 1 Size(ft) 20 6 6 20 Detector 1 Type CI+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0,0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0.0 Detector 2 Position(ft) 94 94 Detector 2 Size(ft) 6 6 Detector 2 Type CI+Ex CI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 Turn Type Prot NA NA Prot Protected Phases 1 1 2 2 3 Permitted Phases Detector Phase 1 1 2 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 Projected year 2023 With Proposed Project Access NW7th St. (PM) 6/27/2018 Baseline • Synchro 9 Report 411 Page 1 • • Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Projected year 2023 With Proposed Project Access NW7th St. (PM) Page 2 Lane Group EBL EBT WBT WBR SBL SBR Minimum Split (s) Total Split (s) Total Split (%) Maximum Green (s) Yellow Time (s) All -Red Time (s) Lost Time Adjust (s) Total Lost Time (s) LeadlLag Lead -Lag Optimize? Vehicle Extension (s) Recall Mode Wake Time (s) Flash Dont Walk (s) Pedestrian Catls (#/hr) Act Effct Green (s) Actuated gfC Ratio vfc Ratio Control Delay Queue Delay Total Delay LOS Approach Delay Approach LOS in#erseclior Summary Area Type: Cycle Length: 187.5 Actuated Cycle Length: 187.5 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum vie Ratio: 2.30 Intersection Signal Delay: 109.0 Intersection Capacity Utilization 156.6% Analysis Period (min) 15 22.5 120.5 44.5 22.5 120.5 44.5 12.0% 64.3% 23.7% 20.0 116.0 40.0 2.0 4.0 4.0 0.5 0.5 0.5 0.0 0.0 0.0 2.5 4.5 4.5 Lead Lag Yes Yes 3.0 3.0 3.0 None None None 20.0 140.5 116.0 0.11 0.75 0.62 2.30 0.47 0.87 631.1 9.8 34.9 0.0 0.0 0.0 631.1 9.8 34.9 F A C 170.0 34.9 F C Other 22.0 11.0 0 40.0 0.21 1.25 184.0 0.0 184.0 F 184.0 F Intersection LOS: F ICU Level of Service H Splits and Phases: 3: 401za Projected year 2023 With Proposed Project Access NW7th St. (PM) 6/27/2018 Baseline Synchro 9 Report Page 2 Submitted into the public record for item(s) PZ.8 on 10/25/18. City Clerk Projected year 2023 With Proposed Project Access NW7th St. and NW 42 Ave. (PM) Lane Group Lane Configurations Traffic Volume (vph) Future Volume (vph) Ideal Flow (vphpl) Lane Util. Factor Fri Flt Protected Satd. Flow (prof) FIt Permitted Satd. Flow (perm) Right Turn on Red Satd. Flow (RTOR) Link Speed (mph) Link Distance (ft) Travel Time (s) Peak Hour Factor Adj. Flow (vph) Shared Lane Traffic (%) Lane Group Flow (vph) Enter Blocked Intersection Lane Alignment Median Width(ft) Link Offsef(ft) Crosswalk Width(ft) Two way Left Turn Lane Headway Factor Turning Speed (mph) Number of Detectors Detector Template Leading Detector (ft) Trailing Detector (ft) Detector 1 Position(ft) Detector 1 Size(ft) Detector 1 Type Detector 1 Channel Detector 1 Extend (s) Detector 1 Queue (s) Detector 1 Delay (s) Detector 2 Position(ft) Detector 2 Size(ft) Detector 2 Type Detector 2 Channel Detector 2 Extend (s) Turn Type Protected Phases Permitted Phases Detector Phase Switch Phase Minimum Initial (s) EBL EBT WBT WBR SBL SBR 'i TT 315 1206 315 1206 1900 1900 1.00 0,95 0.950 1770 3539 0.950 1770 3539 3461 0 Yes 19 40 40 220 223 3.8 3.8 0.73 0.97 0.89 0.74 432 1243 1525 262 f1a 1357 194 1357 194 1900 1900 0.95 0.95 0.978 3461 0 109 204 109 204 1900 1900 1.00 1.00 0.912 0.983 1670 0 0,983 1670 0 Yes 46 15 231 10.5 0.75 0.75 145 272 432 1243 1787 0 417 0 No No No No No No Left Left Left Right Left Right 12 12 12 0 0 0 16 16 16 Yes 1,00 1.00 1,00 1.00 1.00 1.00 15 9 15 9 1 2 2 1 Left Thru Thru Left 20 100 100 20 0 0 0 0 0 0 0 0 20 6 6 20 Cl+Ex CI+Ex Cl+Ex CI+Ex 0.0 0.0 0.0 0.0 0.0 0.0 94 6 Ct+Ex 0.0 0.0 0.0 0.0 0.0 0.0 94 6 Cl+Ex 0.0 0.0 Prot NA NA Prot 1 12 2 3 1 12 2 3 18.0 114.0 40.0 Page 1 Projected year 2023 With Proposed Project Access NW7th St.. and NW 42 Ave. (PM) 6/27/2018 Baseline Synchro 9 Report Page 1 • Submitted into the public record for items) P7.$ on 10/25/18, City Clerk • • • Projected year 2023 With Proposed Project Access NW7th St. and NW 42 Ave. (PM) Page 2 \. d Lane Group EBL EBT WBT WBR SBL SBR Minimum Split (s) Total Split (s) Total Split (%) Maximum Green (s) Yellow Time (s) All -Red Time (s) Lost Time Adjust (s) Total Lost Time (s) Lead/Lag Lead -Lag Optimize? Vehicle Extension (s) Recall Mode Walk Time (s) Flash Dont Walk (s) Pedestrian Calls (#/hr) Act Effct Green (s) Actuated g/C Ratio vlc Ratio Control Delay Queue Delay Total Delay LOS Approach Delay Approach LOS ihteiiiction Summary 22.5 120.5 44.5 22.5 120.5 44.5 12.0% 64.3% 23.7% 20.0 116.0 40.0 2.0 4.0 4.0 0.5 0.5 0.5 0.0 0.0 0.0 2.5 4.5 4.5 Lead Lag Yes Yes 3.0 3.0 3.0 None None None 20.0 140.1 115.6 0,11 0,75 0.62 2.30 0.47 0.83 629.0 9.8 32.3 0.0 0.0 0.0 629.0 9.8 32.3 F A C 169.5 32.3 F C 22.0 11.0 0 40.0 0.21 1.06 122.1 0.0 122,1 F 122.1 F Area Type: Cycle Length: 187.5 Actuated Cycle Length: 187.1 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum v/c Ratio: 2.30 Intersection Signal Delay: 101.2 Intersection Capacity Utilization 156.6% Analysis Period (min) 15 Splits and Phases: 3: Other Intersection LOS: F ICU Level of Service H �01 A2 ! .03 Projected year 2023 With Proposed Project Access NW7th St. and NW 42 Ave. (PM) 6127/2018 Baseline Synchro 9 Report Page 2 Exhibit "10" 3734 BLUE LAGOON AIRPORT CLUB APARTMENT, a Honda general partnership and JOSE MILTON as managing general partner of BLUE LAGOON AIRPORT CLUB APARTMENTS. Plaintiffs, VS. INTERCONTINENTAL INVESTMENT BANKERS, INC., a Florida corporation, TOWERS OF BLUE LAGOON I, INC., a Florida corporation and CAROL,INE WEISS, Defendants. 1 Submitted into the public record for item(s) PZ.B on 1O/25/18, City Clerk IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT INLAND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.97-00975 CA 15 RECORDED NOV2it 937. aerk of arcait AGREED FINAL JUDGMENT GRANTING PERMANENT INJUNCTIVE RELIEF This cause was scheduled for trial on Tuesday, November 18, 1997, upon the issues raised in the Plaintiffs' Amended Complaint, the Defendants' Answer, Affirmative Defenses and Counter - Claim, and the Plaintiffs' Answer to the Counter -Claim. Counsel for the respective parties having agreed to the disposition of the case and the Court being duly advised of that agreement, it is ORDERED and ADJUDGED as follows: 1 OFF REC BK I7877PG1987' • Submitted into the public record for itern(s) PZ.g on l[? Z5 o, City Clerk 1. It is the intention of the parties to adopt and to incorporate by reference this Court's findings of fact and conclusions of law set forth in the Order Granting Plaintiffs' Request for Temporary Injunctive Relief dated January 24, 1997 and to make the injunction permanent in nature. 2. In addition to the findings of fact set forth in the order granting temporary injunctive relief, it is undisputed that the Defendant, Intercontinental Investment Bankers, Inc., transferred the property identified as the "Servient Property" to the Defendant, Towers of Blue Lagoon I, Inc. 3. The Plaintiffs' request for permanent injunctive relief set forth in the amended complaint is granted. 4. The Defendants, Carolina Weiss, Intercontinental Investment Bankers, Inc., Towers of Blue Lagoon J, Inc., or any other successor, subsidiary, or affiliated party and their agents and employees are hereby enjoined and prohibited from interfering with the Plaintiffs' right of ingress and egress to and from the property set forth on Exhibit A attached to the Declaration of Easement which is the subject matter of this action. The Plaintiffs shall be entitled to take all appropriate steps to obtain access including, but not limited to removing any obstructions. fences, structures and obstacles in order to gain access to their property. 5. This permanent injunction shall remain in full force and effect. 6. The Clerk of the Circuit Court is hereby directed and instructed to discharge the injunction bond posted by the Plaintiffs on February 7, 1997 and the proceeds are to be returned to the law firm of Lapidus & Frankel, P.A. as counsel for the Plaintiffs. 7. The Court shall reserve jurisdiction to enforce full compliance with the terms of this permanent injunction. 2 OFF REC BK 17877PG1988 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk 8. In all other respects all of the claims asserted by the Plaintiffs against the Defendants and the Counter -Claim asserted by the Defendants against the Plaintiffs shall be dismissed with prejudice with each party to bear their own costs and attorney's fees. DONE and ORDERED in Chambers in Miami, Dade County, Florida, this I 9 day of November, 1997. Circuit Court Judge cc: Robert P. Frankel, Esq. Bernard S. Handler, Esq. 3 OFF REC B 17877PGI989 6l2412p16 Submitted into the public record for items) PZ.8 Exhibit "1 1 " on 1O/25/18, City Clerk Miami -Dade Official Records - Print Document 188& ALM 25 PH 3" 54 86R28B744 Itt: I2999Ps 326 PECLARATlUN OF EASEMENT THIS DECLARATION OF EASEMENT executed this 10th dry of August, 19D6, by INTERCONTINENTAL INVESTMENT BANKERS, INC., a Florida corporation (hereinafter referred to an "GRANTOR")p W I T H fi B E TM' WHEREAS, GRANTOR is the record fee simple title owner of the two parcels of real property described upon Exhibits "A" and "B" attached hereto and made a part hereof) and WHEREAS, ei'r#ultansously with the execution hereof. GRANTOR is executing a mortgage in favor of FLORIDA NATIONAL BANK, a National banking association, to MUCure a note in the original principal sum of S1,600,OQO.00, and encumbering the real property described upon Exhibit "A" ("THE MORTGAGED PROPERTY"1I and WHEREAS, THE MORTGAGED PROPERTY, described upon Exhibit doer not abut or lie contiguous to any public road or street but is contiguous and adjacent to, on its Easterly boundary, the real property deaorkb.d upon Exhibit "B" ("THE 6ERVIENT PROPERTY")" and WHEREAS, in order to provide for, and to insure unto, the said FLORIDA NATIONAL BANK thereinafter referred to es "GRANTEE"), ■ right of access to and from THE MORTGAGED PROPERTY, in the event said GRANTEE or its succeeeors or assigns should acquire title thereto by virtue of the foreclosure of its mortgage, or by deed In lluu thereof) and WHEREAS, GRANTEE would not make nor -disburse the proceed■ of its aforesaid loan without the execution and recordation of this Declaration of Easements NOW, THEREFORE, in Consideration of Ch. foregoing, end other good and valuable Consideration, the receipt and sufficiency thereof is hereby acknowledged by GRANTOR. GRANTOR DOES HEREBY grant, bargain, sell, declare and reserve unto .aid GRANTEE, and GRANTEE'S successors and assigns, including, but not limited to, any purchaser at a foreclosure sale of THE MORTGAGED PROPERTY resulting from a foreclosure of 1 hops :lhvww2m[am i-dadeclerk.cornlpublic-rectXdslPrintDocumentaspx?QS=YaoUnzxry3MR Cvprh6POIPFHE910H %2fgUjxEJNOJtsjgv7ORkH huUm2ndW... 1/6 Submitted into the public record for itern(s) PZ.8 on 10125,E18, City Clerk 5/2412016 Miami -Dade Official Records - Print Document RP. 1299911 327 GRANTEE'S mortgage, a temporary non-exclusive easement for the purposes of pedeetrian and vehicular ingress and egress' and for installation and maintenance of public utiltiem, whether underground, surface level or above murfmce level, and for e.11 other lawful purposes, 1n and upon, Over, across. under and above w 40 foot strip of lend lying within THE SERV 1 ENT PROPERTY descr l bed upon Exhibit "B' attached hereto). which 40 foot *trip of land runs Northerly from N.W. 7th Street, and then Northwesterly end Westerly to where it .but THE MORTGAGED PROPERTY (described upon Exhibit "A" attached hereto), said 40 foot strip of land being more particularly described me follows That part of Tract No. 2 of PLAT OF THAT PORTION OF THE SOUTHEAST 114 of SECTION 31, TOWNSHIP 53 BDUTH, RANGE 41 EAST, LYING enuTH AND SOUTHEAST OF TAM1AMI CANAL, according to the Plat thereof, recorded in Plat Book 20, at Page 10, of the Public Record% of Dade County, Florida, and described as follows Commence at the Concrete Monument duet in the pavement of Northwest 7th street at thin 6outheast corner of said Section 311 thence run North 01-. 3B' 30— East along the East 1tnm of maid 91Ct1On 31, the Same being the East line of said Tract 2 and also the zoned Centerline of Northwest 47th Avenue for a distant s of 40.02 f duet l thence West along a 1100. being 40.00 feet North of and parallel with the South line of maid eduction 31 for a distance o+ 1134.00 feet to the Point of Beginning o4 a 40 foot strip of laced lying equally and 20 feet on each aide of the following described centerline (shortening or extending the wide thereof so as to create a continuous strip of land)) thence run North 01-. 3e' 30" Eest for a distance of 219.65 feet to a Paint of Curve to the left) thence Northerly and Westerly along the arc of said Curve, being concave to the Southwest, having ■ radius of 30 riet and a central angle of 91- 3e' 30" +Or an arc distances of 79.97 feet to a paint of tangencyl thence run West for a distance of 326.46 €est to a point of into/reaction with the Eeat boundary of THE MORTGAGED PROPERTY, said paint being the termination of maid center line. GRANTOR. does further agree am follows! 1. The*recitals hereinebove Contained ars true and correct. 2. The menement hereby granted shall became permanent and shell be an rasemsnt appurtenant to THE MORTGAGED PROPERTY, and shall run perpetually with the land upon THE 0ERV1EN7 PROPERTY, upon the GRANTEE, its successors and meeigne, becoming th■ owner of THE MORTGAGED PROPERTY, whether by foreclosure or by dyed in 2 hllps://www2.n Iami-dadeclerk.comtpublIc-recordsJPrintDracunent.aspx?OS=YaoUtOzxry3MRCvpt 'OIPFHE910F1 %2fgLtjxEJhlOJlsjgv70RkHIwUm2nc1W... 216 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • &24/2016 Miami -Dade Official Records- PrintDocunent kEc° f•. 12999PG 3Z8 lieu thereof, or otherwise. Upon the easement becoming perma- nent ae aforesaid, the GRANTEE shall have the right to grant to a third party (such as a utility company, fire department, police department or any other governmental department) easement for the purpo,.e of pedestrian and vehicular ingress and ogress;and underground, on ground or above ground, a non- exclu-sive easement for utility inetallatiori and maintenance, upon, over, under, across or above any portion of t!''s above -described 40 foot easement area. a non-exclumivw 3. Upon watiafaetion and diechargs of record, by an appropriate satisfaction of mortgage instrument, of the GRANTEE'S mortgage encumbering THE MORTGAGED PROPERTY, the easement herein and hereby terminated granted and declared shall be deemed to have been and cancelled. 4. The ¢RANTOR agrees that ao long ■a this easement is in effect, not to place any structures or improvement+ of any kind in or upon or over the 40 foot easement area ae described herein. M. In the event that the easement hereby granted and declared shall become fully operative, in the manner as afore - maid, GRANTEE, its successors and assigns, including any purchaser at a foreclowur a sale of the GRANTEE'S mortgage, shall have the right to remove any obstruction which may now or here- after lie or be within the 40 foot earelllent area daacrlbed harwin. O. The previsions of thiw Declaration of Emmmmwnt shall be binding upon the GRANTOR and its succewsors and assigns and shall be a covenant running with and binding upon THE BERVIENT PROPERTY. IN WITNESS WHEREOF, the GRANTOR has caused this Declaration 3 hlttpsliwww2.miami-dadecierk.comlpublic-records!PrintDocunent.aspx?QS=YaoUfOzwy3MRCvprhraPOlPFHERQH%2NLtjxEJhlQltsjgv70RkHhuUm2ndNJ.., 3/6 Submitted into the public record for item(s) PZ.B on 10/25/18, City Clerk 612412016 Miami -Dade Official Records - Print Document 12999n 329 of Easement to be smecuted the day and year first above written. Signed, sealed and delivered in the pr.eencr ofi GRANTORI INTERCONTINENTAL INVESTM)�4 ti qg t •.`.....%\ BANKERS , INC. I n 1:to . t i N 1 � fly I <L ,-75^ ��-. 'rig'. ti Caroi`i�^Me Weiss, PreskdeRA h6?1'}"� ESTATE OF FLORIDA 1 ra.e4 COUNTY OF DADE The foregoing inwtrument was acknowledged before me this Seth day of August, 1996, by Caroline Weiss, as President of INTERCONTI*IENTAL INVESTMENT BANKERS, INC. corporation, on b•?ialf of the corperat My Commission Expires' Not y Pub at Lariy Iofipr Nuns [c %1f7i OF flnP1D4 11f Ca MPI.'.1!GN [.r. .-•.'t, ),! -1 COYDcl7 TOFU 4IM[PAL 441. UMJ. 4 https'IAvaw2.miami-dadeclerk,comlpublic-recordslPrin1Docurrent.aspx?QS=YaoUfOzxry3MRCvprh6 OIPFHENQH°%2NUjxEJhlaltsigv7ORkHhuUm2ndW... 4/6 Submitted into the public record for items) PZ,8 on 10/25/18, City Clerk 6/24/2016 Miami -Dade Official Records - Print Document - JINN I2 99c 330 • Attached to and Owing part of Declaration of Easement dated August i6, 1486,' exUcutwd by INTERCONTINENTAL INVESTMENT BANKERS, INC.. a Florida corporation • LEGAL DESCRIPTION That Part )f Tract Nu. 2 of "PLAT OF THAT PORTION OF THE SOUTHEAST i / 4 OF SECTION .3 1 , TOWNSHIP 53 SOUTH. RANGE 41 EAST, LYING SOUTH AND SOUTHEAST OF THE TAMIAMI CANAL," according to the Plat thereof, as recorded in Plat Book 2B, at Paw 10, of the Public Records of Dade County, Florida; lying and being in the City of Miami, Dade County, Florida; and being more particularly described as follows: Commence at a concrete monument set in the pavement of Northwest 7th Street at the Southeast corner of said Section 31; thence run N 01:538' 30" E along the East Line of said Section 31, the same line being the East line of said Tract No. 2, and also zoned centerline of Northwest 47th Avenue For a distance of 40.02 feet; thence West along a line being 40.00 feet North of and parallel with the South Line of said Section 31, For a distance of 1510.6S Feet; thence N O1°38'30" E For a distance of 245.10 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence Wes for a distance of 593.67 feet to a point; thence N 01 38'30" E, parallel with the East line of said Tract No. 2 for a distance of 209.40 feet to a point on a curve of the South right-of- way line of TAMIAMI CANAL as platted; thence Northeast- erly along the arc of said curve to the left, being con- cave to the Northwest and having a radius of 1395.08 feet and a central angle of 29°56'4L" For an arc distance of T29,11 feet to a point of intersection with a line 1510.63 Feet West of and parallel with the East line of said Tract No. 2; thence S 01°38'30" W for n distance of 601.61 feet to the Point or Beginning. EX1HIBIT "A"" htlps:fiwww2.m iaml-dadeclerk.comfpublic-reoordsrPrintDocumentaspx7Qs= YaoUfOzxry3MRCvprh6POIPF HE910H %2(qt fix E.lhlails)gv7ORkHhuU m2ncAN... 5"'6 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk 6/24/2M6 Miami -Dade Official Records- Prirrt Document 129991 331 Attached to and being part of Oeclaration of Earrmrnt dated August IS, 1986, executed by INTERCONTINENTAL INVESTMENT BANKERS, INC., s Florida corporation That Dart of Tract No.2 of -PLAT OF THAT PORTION OF THE BOtJTH'EABT 1/4 OF SECTION 3i, TOWNSHIP 53 SOUTH. RANGE 41 EAST. LY1ND SOUTH AND E.UU `I-IEABT OF TAJILAMI CANAL. ■ccordino to the plat thorium{ as rocordrd in Plat Book 28 at Page 10 of the Public Records of flada County, Florida; lying and iteiinQ in the City of Miami. Dade County, Florida. Commence at ter Concrete Monument eat in the pavement of Ncrthw.et 7th Street at the Southeast corner of maid Section 311 thence run N.01 3B'30"E. along the East line of said Section 31. the same line Offing the least liar 04 said Tract Nd.2 and also the' zoned centerline' of Northwest 47th Avenue far a distance of 40.02 festl thence f1EBT along a line' being 40 feet North of and peral i o1 ►;ith the South tins of said auction 31 for 1114.00 fret to the POINT OF BEGINNING of the' parcel of kilo haretnaftor doscribadl thence continue WEST along the last described line for 130.00 f■et1 thence 4.01 3S'30"'E. parallel with the oast line of said Section 31 fcr 145.10 faot't thence WEST for 160.00 fevti thence N.01 38'3U"E. for 100 feet) thence WEST 106.63 feat; thence N.01 38'30"E. f 0- f,01.61 fest to a point on . circular curve, maid point bears S.47 55'12'W. form the Center Of ter following described curvet thence NORTHEASTERLY along the art of said curve. doing concave to the Northwest. having a radius of 1395.0e feet and ■ central angle eyf 00 13'53" for an arc distance of 5.64 feet to • point of tangency! thence N.41 50'55"E. for ..06.2i feet to a point of direr; thence Ncrtnoester'1Y-50uther1V along the arc of said curve to the r1Cht. Ccinp concave to the 9MUthweet end having a radius of 50.0G foot and a central angle of 141 34'05" for an arc distance of 123.6: feed thonco 5.03 30'00"W. for 366.21 fret to ■ point of curve) thence aouthvwaterly-Northearteriv along the arc of meld curve to ten left.. Dw1na concave to the Northeaot and having a radio& of 45.0fiat anc a central angle of 160 18' 10" for an arc distance Of 1:5. B7 fest: whence SOUTH for 242.27 feet, thence EAST for 154,92 feed thence B. U1 3B'30"W. for 245.10 feet to the Point of Beginning. AND That Dart of Tract Na..2 of PLOT OF THAT PORTION OF THE SOU-IHEAST sit OP SECTION 31, IDWNSHI P 53 SDUTI4, RANGE 41 EAST. LYING SOUTH AND SOUTHEAST OF TAHIAMI CANAL. aecording 'to ter blot thereof me recorded in Plat took 2B at Papa 10 of the Pu411C Astorise 01 Oasis County, F10n de'; lYinp and being t o trio City of Miami. Dade County. Florida. being more particularly described as fbllowst Common&o at tea Conerate P onuwent get in the' Pay.aant of Northwest 7th- 9trert at the 006ath.aet corner of *aid 8 Ctl on 311 thtrnce `PEST along the 96utrw lint of .aid seethe 31 for I t] A.00 forts thence N.01 34' 30-E. parallel with trio East lime of said Sartloo 31 f01' 28322 _ foot to the point of beginning of the parcel- of Sand nsretnafter described, three. 1..ST o.r.1 1 s1 with trio South line of raid Suction 31 for 134.92 frets thence NORTH for 242.27 fest to the 1otarse-t..cn .with the arc of a circ.riar c-urv., said paint hears 5.66 46' 10-e.. from the center of tn. fol ioHin' ri.bood curves thane. MORT'F(EASTEP, v along J'. arc of said cur'v. doing . COneave to tn. Nmrtt.r.ret, having a radius of 45 foot end a control angle of 14 43'50- for on art distance of 11.57 foot to • point of revere. &..reel thence NORTHEASTERLY along the are; of salad curve being cone.••w tb the SCVtnea.t, having • radius of 190 fort and a central ang1. of es CIF '77• for an arc distance of 72'3.93 feet to • point of co+aound, curve' thence EASTERLY -SOUTHERLY along the, arc 04 sold cur-,., demo conc.,. to the Southwest. having a radio+ SG feet find a, central angle of 9O n7'11- for on arc dlat.wnco of 06.35 feet 10 . point of tangency' then• 5.04 32'49'E. for 1,54_.19. foot to a point of curve of circuter Curves to the left. th.ncr SDUTHERLY- FtBTrRLY oolong the arc of sold curve. being c_ont.•.s to the Northeast. having; a radius of 45 feat and a central angle of 73 27'00' flee an dietetics of 57.4'9 fret to • point of t anpencyp thence 9. 7759' 57 "E. • or 65. t7 i mmt to • point of Curve of a circuler curve to the left; '.theme EASTERLY+. ).:74THEASTEPILY, along the arc of said Scree, being' cnncave to the North. having a radius o4 33 feet and a centrl .anplra of n2. A..4 0" inr an di atancr o4 32:1.2 feet' thence 9.40 a.i. 'T-n"E. alone ■ line radial to the fret described curve 4s 31.22 f e.t f thence EAST for 170.5E f ■.t t th.ncu ZOUTH for 142.17 foot' then[. 1:ST fc,r 3115,113 fast to the point of bepl+nninp. 1:x11iBIT "13" . ttoltpt0 1" )/MCIµ sows seas 01 0.0t CON")., RRttlpt . 8EO.O wt.,rltu 1t1C'zi1A8.D P. IIRGI1351 C1111It 11f411)11 CAl1Ri htlps:llwwva2.miami-dadeclerk.corn/public-recordslPrintDocument-aspx7QS=YaolifOzxry3MRCvprh6POIPFHE91OH%2NLtjxEJhlUllsjgv7f)RkHhulim2rx1W... 616