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Home My WebLink AboutSubmittal - Richard Alayon - Motion to DeferSubmitted into the public record Miton}City Clerk 0 IN THE CITY COMMISSION IN AND In Re: FOR THE CITY OF MIAMI, FLORIDA File ID #4856, Item #PZ.8 on Agenda for FILE NO.: 4856, Item# PZ.8 on the October 25, 2018 Meeting, Property Agenda for the Commission Meeting of Located at 4865, 4875, & 4885 NW 7 St., October 25, 2018 Miami, FL 1 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 11 i 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 weil as the Original and Amended Petition for Writ of Certiorari, are attached to this motion as Exhibits "1", "2", and 113" respectively. 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 `iS5(, Alrtqp, - 0.�0/,-Fo Ce� Submitted into the public record for item(s) PZ.$ on 12 Z5 18 City Clerk File No. 4856; Commission Agenda Item PZ.8, October 25, 2018 Slue 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 REQUEST BY THE PROFFERED COVENANT Further, and importantly, there is currently litigation pending in the 11 h 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 7t' Street) by using an existing road built on an easement owned by Blue Lagoon (the "Easement`). The relevant case numbers are 97 -00975 -CA -15`t 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 'The City's Motion to Dismiss is attached to this Motion as Exhibit "S". a The docket for this case is attached to this motion as Exhibit 4", and the Motion to reopen case is attached as Exhibit "7" ' The docket for this case is attached to this motion as Exhibit "8", and the petition for declaratory relief is attached as Exhibit "4" 135 San Lorenzo Avenue, Suite 820, Coral Gables, Florida 33146 Phone: (305) 221-2110 - Facsimile: (305) 221-5321 a Submitted into the public record for items) PZ.8 on 19125L18, City Clerk File No. 4856; Commission Agenda Iters PZ.8, October 25, 2018 Slue Lagoon Condominium Association's Motion to Defer Page 3 of 5 can destroy the current structures 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, ANIS HE WILL LIKELY BE UNABLE TO BE PRESENT FOR THE FULL DISCUSSION OF THE ITEM AT THE OCTOBER 25, 2418 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 item(s) PZ.9 on 10/25118, City Clerk File No. 4856; Conntission Agenda Item PZ.8, October 25, 2018 Blue Lagoon Condominium Association's Motion to Defer Page 4 of S go The Linked Plan calls for an exit from the Applicants' property through a currently existing condominium and exiting on Northwest 47`x' Avenues Further, any traffic issues caused by the Linked Plan at the intersection of Northwest 7`h 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 7'h 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. is 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 Alayor Richard A. Alayon, Esq. Florida Bar No.: 934294 Patrick A. Alayon, Esq. Florida Bar No.: 0111330 $ See Excerpts of Linked Plan attached as Exhibit I2. 0 135 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 10125118 City Clerk File No. 4856; Commission Agenda Itein PZ.8, October 25, 2018 Blare Lagoon Condominium Association's Motion to Defer Page 5 of 5 4 ALAYON & ASSOCIATES, P.A. 135 San Lorenzo Avenue, Suite 820 Coral Gables, Florida 33146 Phone: (305) 221-2110 Fax: (305) 221-5321 Email: pleadinLsr r::alavonlaw.coiii. ralayon(d)alayonlaw.cotn ralayon(a7aiayonlaw.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 # i 8 -300 -AP -01 6) Docket for Case #97 -00975 -CA -1.5, Previously filed case concerning Slue 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 4W 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 Pian, pages A3.00 and L2.00 40 135 San Lorenzo Avenue, Suite 820, Coral Gables, Florida 33146 Phone: (305) 221-2110 • Facsimile: (305) 221-5321 N Back to Search Please be advised: 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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Other than making limited copies of this website's content, you may not reproduce, retransmit. redistribute, upload or post any part of this website, including the contents thereof, in any form or by any means, or store it in any information storage and retrieval 40 system, without prier written permission from the Miami -Dade Clerk's Office. https:1lwwAr2,rNami-daded erkconVocslSearch. aspx V4 Submitted into the public record for item(s) PZ.8 10123/2[}18 on 10/25/18, City Clerk 005 Search Event Number Date Book/Page Docket Entry Type Comments 4W 5 10/1512018 Receipt: Event RECEIPT#:3200002 AMT PAID:$281.00 COM M ENT ALLOCATION CODE QUANTITY UNIT AMOUNT 3063 -COUNTY APPEAL- AP1A 1 $281.00 $281.00 TENDER TYPE:AMERICAN EXPRESS TENDER AMT:$281.00 RECEIPT DATE:1011612018 REGISTER#:3213 CASHIER:TANYA 4 10/15/2018 Acknowledgement Event Letter Mailed to Parties l3 10/15/2018 Appendix Event FOR PETITION FOR WRIT OF CERTIORARI UNDER FLA_R.APP.P.9.100 2 10/1612018 Record Assigned Event REVENIA S. To WITHERSPOON Due Date: Complete Date. 1011612018 f 1 10115/2018 Petition for Writ of Event Daae Date: Certiorari Complete Date: 1011612018 N Back to Search Please be advised: 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. Information on this website has been posted with the intent that it be readily available for personal and public non-commercial {educations}) use and to provide the public with direct online access to information in the Miami -made Clerk's Office information systems. 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Submitted into the public record for item(s) PZ.8 on 10125/18 City Clerk • https:1AYv v2.miami-dadeclerkcomlocsfSearch.aspx 4M Submitted into the public record for items) PI -8 vn lop!; 18 City Clerk Exhibit "2" TELE ORIGINAL FILED ON OCT 16 2018 IN THE OFFICE OF IN THE CIRCUIT COURT OF THE BLUE LAGOOI,f""'CCKJRT MIAMI-DADE CQ 1 1 th JUDICIAL CIRCUIT IN AND FOR CIVIL DIVISION CONDOMINIUM MIAMI-DADE COUNTY, FLORIDA ASSOCIATION, INC., Petitioner, APPELLATE DIVISION (APPEAL FROM PZAB, MIAMI, vs. Hearing Date Sep. 10, 2018, Agenda Item PZAB. 1) PLANNING, ZONING AND APPEALS BOARD OF AND FOR CASE NO. — do THE CITY OF MIAMI, FLORIDA, Rule 9.I00 Petition for Writ of Certiorari Respondent 1 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 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.8 on 1i1 25 18 City Clerk subject of interference by Weiss and the LLCs, and that the decision inay 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 0 circulate traffic onto the Easement. ,see Page ALOO 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 tEnable 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 0 Submitted into the public record for item(s) PZ.8 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 0 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 3 Submitted into the public record for item(s) P,Z.8 on 10/25118 City Clerk r-] 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 of Brevard 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 0 Submitted into the public record for item(s) P2.8 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, 527 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 995 (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 • 0 Submitted into the public record for item(s) PZ.B on 10 2S 18 City Clerk J 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 7"' 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 0 i� Submitted into the public record for item(s) U.8 on 10/25118 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 hank. 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 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 it Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk Apartments under the Easement. A case was fled by Blue Lagoon Airport Club Apartments in the 11 to 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. 0 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 - 0 40 Submitted into the public record for item(s) EZ -8 on 10/25/18 City Clerk THE NATURE OF THE RELIEF SOUGHT Petitioner seeks a detennination 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 0 (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 C, Submitted into the public record for item(s) PZ.8 on 10125L1 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 STA,rus 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 0 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 10 0 Submitted into the public record for itern(s) PZ -8 on 1U 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 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 0 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 ineet the requirements of Miami 21 Article 7.1.2.$0, which requires the PZAB to study a rezoning request to determine "whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miarni 21 Code." The PZAB required this higher • • Submitted into the public record for items) PZ-8 on 1D 25 __ City Clerk level of proof despite the fact that Blue Lagoon was prevented from presenting evidence and argument concerning Miami 21 Article 7.1.2.$(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 Intervener Status once it was informed that such status would allow Blue Lagoon to put on evidence and cross-examine witnesses. See Is 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 95 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 frown 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. 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: "1f 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 clue process." 13 • 0 • Submitted into the public record for item(s) PZ.S on IQ 2S Ig 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 l) 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 r-1 L� Submitted into the public record for iternlsj PZ.8 on 10/25118 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 r� 0 • Submitted into the public record for item(s)PZ.8 on 10 D Z8, 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 Cornprehensive Plan; the Miami 21 Code."' 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 40 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 7 I Street and the surrounding area is not only relevant but required by Miami 21. The PZAB precluded Blue 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, 2418 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. Submitted into the public record for item(s) PZ.8 on 10/25118 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 Flan that was part of the Resolution will result in levels of service on Northwest 7=h 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 P"LAB 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? [T]o 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 inoment, that easement exits onto northwest seventh street. It has its own dedicated light. The light takes same 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 • 0 submitted into the public record for item(s) PZ.S on 10 ZS 18 City 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(f), to study the rezoning request before it to detennine "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 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 tate 401 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 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 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 r] Submitted into the public record for item(s) RM on 1Q25 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: Isl 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@alaygnlaw.com rala on ala onlaw.com ere Cir � f� tri( qyl� correz+ q � c/o �r 0Y a�10(rp V fr 04 p-ae�5 '�evrve r 'N OC46e( III a i e 1 co "A/-15 fI ve� + IV lc c, � � p ►err � e G l�v a� Miami, ol, crmE (VW,�ry'4jYJ • • • Submitted into the public record for item (s) EU on 10125/18, City Clerk CERTIFICATE OF COMPLIANCE I hereby certify that this brief was prepared in Times New Roinan, 14 -point font, in compliance with Rule 9.100(1) of the Florida Rules of Appellate Procedure. By: ---/s/Richard Ala on Richard. A. Alayon, Esq. 20 Su'bmitted lata the puhlit record far item(s) PZ -8t on 10 25 I 1-1 City clerk Exhibit BLUE LAGOON CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, 113,r iN THE CIRCUIT COURT OF THE 1 Ith JUDICIAL CIRCUIT IN AND FOR MIAMI -DARE COUNTY, FLORIDA APPELLATE DIVISION Petitioner, LOWER TRIBUNAL; City of Miami Planning, Zoning, and Appeals Board VS. Resolution # PZAB-R-18-049 TBE 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 5 CASE NO. 18 -300 -AP Rule 9.100 Petition for Writ of Certiorari 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. J • J Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk 0 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. 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. Submitted into the public record for item(s) PZ.8 on 29125118 City Clerk Weiss and the LLC's predecessors in interest preventing interference with the 0 Easement. The Project will add 829 apartments and 410 hotel rooms that all will circulate traffic onto the Easement. See Page ALOa 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. 40 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 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk 0 fromresentin such evidence before the City Commission at further hearings on p g the rezoning. In fact, Petitioner has filed with the Cleric 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. 0 BASIS FOR INVOKING JURISDIC'T'ION 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 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk matters of rezoning. See also Bd. of County Com'rs of Brevard County v. Snyder, 0 627 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'1 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)). 3 "[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) 5 0 Submitted into the public record for item(s) PZ -8 on 1D 2S 1$ 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 40 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 7`h 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.8 on 10/2S/18, 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. 0 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 Is Submitted into the public record for item{s} PZ.8 on 10 ZS 18, City Clerk 0 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 11th Circuit Court in and for Miarni-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.8 on 10/25/18 City Clerk Now, Weiss and the LLCs seek an end -around reversal of this Agreed final 0 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 #267$) without making the legally required factual determinations under Miami 21 Article Submitted into the public record for items) PZ.8 on 10125/18, City Clerk 0 7.1.2.$(f), which requires the PZAB to study a rezoning request to q determine "whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code." Further, Petitioner seeps 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 0 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 0 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 0 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 7 1 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." 0 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 11 0 Submitted into the public record for item(s) PZ.8 on 1[I 2S 18, City Clerk IDchief 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(} 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 0 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 Is 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 49 Submitted into the public retard for item(s) PZ -4 on 10/25/18, City Clerk 40 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 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 0 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." 0 14 Submitted into the public recordfor 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 0 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 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 15 0 Submitted into the public record for item(s) PZ -8 on 1025 18 City Clerk 0 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 testunony 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 is 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 G 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 432 (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 characteristics, and Objective TR -1.3 requires the transportation system of the 0 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 7 1 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.$ 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 0 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? [T]o 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 0 Submitted into the pudic record for item(s) P2.8 on 10/25/18, City Clerk 0 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 Is 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 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 0 18 Submitted into the public record for item(s) PZ.8 on 10125/18 City Clerk perform the proper analysis of the Resolution required under Miami 21 Article 7.1.2.8(0. 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 0 • • Submitted into the ptuNic 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: isf 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: pleadinwsgalayonlaw.com i-alayon@alavonlaw.com layoniaw.com 20 Submitted into the public record for item(s) PZ.8 on 1D 25 18, City Clerk CERTIFIC.AsTE OF SERVICE I 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: 1) The City of Miami, acting by and through the Planning, Zoning, and Appeals Board, c/o Victoria Mendez, City Attorney, 444 SW 2nd Ave„ Stn Floor, Miami, FL 33134, vmendezginiamigov.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, and ortilla saul.com. Served on October 18, 2018. By: Is1 Richard Alavon 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: Is/ Richard Alayon Richard A. Alayon, Esq. • 21 40 L_J Exhibit "4" Submitted into the public record for item(s) PZ.8 on 10125/18, City Clerk IN THE CIRCUIT COURT OF TH E ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI -DALE COUNTY, FLORIDA. APPELLATE DIVISION BLUE LAGOON CONDOMINIUM ASSOCIATION, INC., Appellant(s) VS. PLANNING, ZONING AND ,APPEALS BOARD OF AND FOR THE CITY OF MIAMI, FLORIDA, Appellee(s) CASE NO.: 2o18-0003oo-AP-o1 a LOWER COURT CASE NUMBER: PZAB-R-0-04f �' r7 77 Y co The Respondent is hereby directed to file an original and three (3) copies of its response with this court within twenty (zo) days from the date hereof and share cause why the above styled Petition for Writ of Certiorari should not he granted as prayed. l'ea'ther, Petitioner may file its reply within twenty (2o) days thereafter. It is so ordered this day of 6 20 � Vo Cc: Copies furnished to all patties orda'ro Show muse Wn4 or Cert rev, 121912 D08 Submitted into the ,public record for item(s) pz.8 on 1p 25 18 City Clerk • Submitted into the public record for item(s) PZ.8 Filing # 79657555 E -Filed 10/22/2018 12:53:08 PM on 10/25118 City Clerk Exhibit 11511 IN THE CIRCUIT COURT OF THE I 1 TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. CIRCUIT CIVIL DIVISION CASE NO.: 18-300 AP BLUE LAGOON CONDOMINIUM ASSOCIATION, INC., Petitioner, vs. MOTION TO DISMISS PETITION FOR PLANNING, ZONING AND APPEALS FRIT OF CERTIORARI BOARD OF AND FOR THE CITY OF MIAMI, FLORIDA, Respondent. 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.' 1 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 Amended 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) EZ- -.B-on 10 25 18 City Clerk CASE No- 18-300 AP The need to dismiss the Petition stems from the fact that the Petitioner failed to exhaust 0 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 recommendato , to the City Commission. Miami 21 Code, Art. 7.1.1.4(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' Z This motion to dismiss tolls the time for the Respondent to file its response. See Fla. R. App. P. 9.300(b). 0 Page 2 of 5 1058138 Submitted into the public record for item(s) p2.8 on 10/25119 City Clerk CASE No.: 18-300 AP 0 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 fuial 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: Id.. 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. 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 of the 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). Page 3 of 5 1058138 Submitted into the public record for item(s) PZ.$ on 10125/18 City Clerk CASE No- 18-300 AP Like the city commission in Fortun, the City Commission in this case has yet to take final 0 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. ICJones@miamigov.com By: A/ 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 Submitter! into the public record for item(s) PZ.8 on 1U 25 18 City Clerk CASE No.: 18-300 AP 0 SERVICE LIST • C7 Richard A. Alayon, Esq. Alayon & Associates, P.A. 135 San Lorenzo Avenue Suite 820 Coral Gables, Florida 33146 asnyder@alayonlaw.com, emcdonough@alayonlaw.com, aalfonso@alayonlaw.com, ralayon@alayonlaw.com, pleadings@alayonlaw.com Attorney for Blue Lagoon Condominium Association, Inc. Page 5 of 5 1058138 10/2W018 Submitted into the public record for item(s) PZ,8 on 10/25118 City Clerk QC S Search hibit 11611 Submitted into the public record for item(s) PZ -8 on 3025 18 City Clerk Jerk's Home (http:l/www.miami-dadecierk.conVhome.asp) nline Services (http://www.miami-dadecierk.camlonline_services,asp) bout Us (http://www..miami-dadeclerk.conVabout.asp) ontact Us (http:llwww.miami-dadecierk,comlcontact.asp) y Account (https:llvmm(2.miami-dadecierk.conVPremierServices/login.aspx) HBO nv RUVIN . CLERK of the COURTS MIAMI -BADE COUNTY, FLORIDA. - • Miami -Dade County Civil, Family and Probate Courts Online System N Back to Search ..... ... ._.. __.. BLUE LAGOON AIRPORT CLUB APARTMENT VS INTERCONTINENTAL INVESTMENT BANKERS INC Local Case Number; 1997 -000975 -CA -01 Filing Date: 0111511997 State Case Number: 131997CA000975000001 Case Type: Injunctive Relief (Greater than $15,000) Consolidated Case No.: NIA Judicial Section: CA15 Case Status: CLOSED ........._... Parties C*Export to Pa rty Description Party Name Defendant Intercontinental Investment Bankers Inc Attorney information 8.:.,.($± mb.►),50007 l ggWBernard S Mandler Number of Parties: 5 Other Attorney(s) • haps:/Avwwa.rriarri-dadecierkeo"ocs/Search.aspx 1110 A% Hearing Details No !tearing information found 1 Dockets C♦Exportto Number Date 2 07/1712018 1 w -- Submitted into the public 45/0512008 record for item(s) PZ.8 43/1012003 a(Y23Q018 on 1D Z5 18, City Clerk OCS Search Party NAME:ALAYON, PATRICK A. 135 SAN Description Party Name Attorney Information FL 33146-1527 COMMENT: ALLOCATION Defendant Weiss, Caroline B#; (Bar &mlhr)50007 IV (�4(rrrpy,NejBernard S F.:r. Man dfer Defendant Towers Of Blue Lagoon I IncB#-. (B,�r N!ttmber)50007 Motion: Event =N --j 4ttorrrey_Namte)Bernard S Case Eligible for Event Mandder Plaintiff Blue Lagoon Airport Club Apartment B#:(Bar,Numher),304786 Order of Judgment y,,.l! me)Frankel, Robert P Plaintiff Milton, Jose B#: ,(BaC Afumh0304786 (F.W.O.P.) N neyRn Frankel. Robert P, A% Hearing Details No !tearing information found 1 Dockets C♦Exportto Number Date 2 07/1712018 1 07/0812018 45/0512008 Type 43/1012003 Receipt: 'Event RECEIPT#:3390023 AMT PAID:$50.00 43/14/2403 Other Attorney(s) Number of Hearing: 0 1 Dockets Retrieved: 131 https:lM wV2.rrrarrmi-dadeclerkcorryocs/Search.aspx 2110 Event Book/Page Docket Entry Type Comments 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 Motion: Event TO REOPEN CASE Case Eligible for Event 05/0512008 Destruction Order of Judgment B: 21054 P: 3579 Dismissal (F.W.O.P.) Returned Mail Event BERNARD S. MANDLER https:lM wV2.rrrarrmi-dadeclerkcorryocs/Search.aspx 2110 Submitted into the public Event EMERGENCY MOTION TO MODIFY record for item(s) P2.8 Notice of Hrg Event 03/15/2000 11:00 AM Special Appt on 10/25/18 City Clerk Notice of Event MOTIONS 11/02/1999 09:00AM 1 012 312 01 8 acs search Motion: . TO MODIFY PERMANENT INJUNCTION Event Number Date Book/Page Docket Entry Type Comments 0311012003 21054.3679 Order of Event B: 21054 P: 3679 Dismissal Parties. Intercontinental Investment (F.W.O.P.) Bankers Inc; Weiss Caroline; Towers Of I Blue Lagoon I Inc 02/28/2003 Response: Event MOTION, NOTICE & JDGMENT FOR i DISM ISSAL i 0211212003 FWOP Notice Event 03/1012003 09:00 AM 02107/2003 Order: Event GRANTING DEF'S MTN TO SUBSTITUTE COUNSEL 01131/2003 Motion: Event TO SUBSTITUTE COUNSEL 01123/2002 Response: Event TO MTN, NOTICE AND JUDGMENT OF DISMISSAL 01/10/2002 FWOP Notice Event 02/0612002 10:30 AM 10/191200(1 Notice of Taking Event Deposition 09/2612000 'Notice of Taking Event Deposition 09/22/2000 Order: Event ON MOTION TO MODIFY ORDER GRANTING PERMANET INJUNCTION 09121/2000 Multiple Event 2 Subpoenas Filed 09/1812000 Memorandum of Event Law I 09115/2000 Subpoena Event Returned 09114/2000 Notice of Event SPECIAL APPT 09118/2000 01:00 PM 09/12/2000 01/07/2000 1 011 8/1 999 10107/1999 https:livm%2.n iarri-dadeclerkco rVocs/Search.aspx Hearing - Text Event EMERGENCY MOTION TO MODIFY ORDER ON PERMANENT INJUNCTION Notice of Hrg Event 03/15/2000 11:00 AM Special Appt Notice of Event MOTIONS 11/02/1999 09:00AM Hearing Set - Motion: Event TO MODIFY PERMANENT INJUNCTION 3/10 1 0/2 312 01 8 • • L_J Submitted into the public https;IMM&y2.rrmiarni-dadederkcorrVocs/Search.aspx 4110 record for item(s) PZ.8 DCS Search on 10125/18 City Clerk Event Number Date Book/Page Docket Entry Type Comments 10/06/1999 Notice: Event OF WITHDRAWAL OF MOTION TO MODIFY PERMANENT INJUNCTION 09/21/1999 Motion: Event TO MODIFY PERMANENT INJUNCTION 09/1511999 Order: Event DENYING MNT. FOR CONTEMPT 09/0711999 Letter of Event TO JUDGE MUIR DATED 8126199 FROM Correspondence JOHN A. MOORE 09/07/1999 Notice of Hrg Event 09/0311999 11:15 AM Special Appt 08119/1999 Motion to quash Event 08/19/1999 Notice of Taking Event Deposition 07/06/1999 Notice of Hrg Event 08/27/1999 10:00 AM Special Appt 06/2911999 Letter of Event JUDGE MUIR DATED 06-24-99 Correspondence 06/0211999 Motion to Strike Event 0511911999 Notice of Hrg Event 06/2511999 41:30 PM Special Appt 03116/1999 Notice of Event SPECIAL APPT 0511211959 02:00 PM Hearing - 01/2111999 Notice of Event SPECIAL APPT 03117/1999 01:00 PM Hearing - 12/22/1998 Order: Event GRANTING SUPPLEMENT TO MC1TN TO ENFORCE FINAL JUDGMENT 12/15/1998 Notice of Event SPECIAL APPT 12118/1998 01:00 PM Hearing - 12/0211998 Letter of Event 11-12-98 TO MS. CRAWFORD FROM Correspondence ROBERT FRANKEL 11/24/1998 Subpoena Event Returned 11120/1998 Text Event FAX COVER SHEET 11120/1998 Notice of Event MOTIONS 1210211998 09:00 AM Hearin g- https;IMM&y2.rrmiarni-dadederkcorrVocs/Search.aspx 4110 Submitted into the public record for item(s) PZ.B 10/23/2078 OGS Search on 10125119, City Clerk , Event Number Date BooklPage Docket Entry Type Comments 11/2011998 Subpoena Event Returned 11120/1998 Notice of Event MOTIONS 12/021/998 09:00AM Hearing Set- et-11/1911998 11/19/1998 Notice of Taking Event Deposition 11/19/1998 Notice of Event SPECIAL APPT 11120/1998 09:00 AM Hearing- earing- 11/13/1998 11/1311998 Text Event SUPPLEMENT TO MOTION TO ENFORCE FINAL JUDGMENT 11/1311998 Letter of Event OCTOBER 26,98 TO MS. CRAWFORD I Correspondence FROM ROBERT P FRANKEL 11/10/1998 Order: Event GRANTING MTN TO ENFORCE AGREED FINAL JUDGMENT 11109/1998 Motion. Event FOR FINDING OF WILLFUL CONTEMPT 11/0911998 Notice of Event SPECIAL APPT 11/10/1998 02:00 PM Hearing- earing- 1110511998 1110511998 Notice of Event SPECIAL APPT 01/14/1999 10:30 AM Hearing- 1110211998 Notice of Event SPECIAL APPT 11104/1998 12;00 PM Hearing- 10/2711998 Text Event MTN TO ENFORCE FINAL JUDGMENT 05/2011998 Order: Event DENYING MTN TO VACATE FINAL JUDGMENT 04/01/1998 Subpoena Event Returned 02/25/1998 Subpoena Event Returned 02/0211998 Notice of Event SPECIAL APPT 05/1111998 09:00 AM Hearing- 01/29/1998 Notice of Event SPECIAL APPT 05/1111998 09:00 AM Hearing- earing- 12112/1997 12112/1997 Response: Event TO MTN TO VACATE FINAL JUDGMENT- BLUE LAGOON AIRPORT 12/02/1997 Text Event MAILED CHK 26795 https:/M ww2.rriamf-daderjerkcomlocs/Search.aspx 5/10 Submitted into the public 10123*018 0 C S Search record for item(s) PZ.B Event on 1Y25 IS City Clerk Number Date Book/Page Docket Entry Type Comments 12/0211997 Issued Court Event S 100.00 # 26795 Registry Check LAPIDUS&FRANKEL,PA(INJBND)AGRDFJ 11-19-97) 1 2101 /1 997 Motion to Vacate Event Judgment .................. 11/19/1997 17877.1987 Court Order Event. B: 77877 P: 1987 GRANTING FINAL (Recordable) JUDG. ON PERMANENT INJUNCTIVE RELIEF 11/10/1997 Motion to Strike Event 11110/1997 Notice: Event OF HEARING: NO TIME OR DATE GIVEN 10/24/1997 Multiple Notice Event (2) of Taking Depositions Filed 10/2411997 Notice of Taking Event Deposition 1 011 711 997 Order Granting Event Protective Order 10/07/1997 Order: Event GRANTING MOTION TO CONTINUE 14/07/1997 Order Setting Event 11117!1997 09:00 AM Jury Trial 09125/1997 Notice of Event MOTIONS 1010711997 09:OOAM Hearing Set - 09/28/1997 Motion for Event Protective Order 09/18/1997 Notice of Event MOTIONS 10/0111997 09:OOAM Hearing Set - 09/18/1997 Motion for Event Continuance 09/1211997 Notice of Event ATTORNEY:00050007 Appearance Parties: Intercontinental Investment Bankers Inc; Weiss Caroline; Towers Of Blue Lagoon I Inc 10911211997 Order on Motion Event 0 to Compel httpsAmw Zrriami-dadederkcorrVocs/Sear ch. aspx 6110 10123/2018 Submitted into the public record for item(s) PZ.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 0910811997 Notice of Taking Event Deposition 0812911997 Order: Event GRANTING MOTION TO WITHDRAW 0811911997 Motion to Event Compel 08/1911997 Notice of Event MOTIONS 08128/1997 49:00 AM Hearing - 08/1811997 Notice of Event MOTIONS 08/28/1997 09:00AM Hearing Set- et- 0811511997 08/15/1997 Notice of Event MOTIONS 0812711997 09:OOAM Hearing Set- et-0811511997 08115/1997 Motion to Event Withdraw 08/06/1997 Text Event PRETRIAL COM PLIANCE 07124/1997 Notice: Event OF DESIGNATION OF MEDIATOR 0710211997 Order of Event x Referral to Mediation Unit 07/02/1997 Order Setting Event 1012011997 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 06/2511997 Notice of Taking Event Deposition 0612511997 Notice of Taking Event Deposition • • https:iA&m%2.rriarri-dadecierkcorrVocs/Search.aspx 7110 10/2312018 L r� is 0611611997 06/09/1997 05/29/1997 05/28/1997 0512011997 0510811997 05/08/1997 05/08/1997 0413011997 0413011997 Motion to Strike Event Notice of Event Submitted into the public Appearance OCSSearch Parties: Intercontinental Investment Bankers Inc Certified Copy record for item(s) P7.8 FROM THIRD DISTRICT COURT OF of: Event on 1a 25 18 City Clerk Number bate SooklPage Docket Entry Type Comments 0612511997 Notice of Taking 'Event Event MOTIONS 06103/1997 09:00AM Deposition 0612011997 Text Event MTN TO ASSESS ATTORNEY'S FEES 06/20/1997 Answer to Event Event MOTIONS 05/2011997 09:OOAM Counter Claim 0612011997 Reply to Event Extension of Affirmative Time Defenses Event 06/19/1997 Notice of Non- Event Cancellation Event Jury Trial Notice 06/16/1997 Counter Claim Event $ 0.00 06/1611997 Answer Event ATTORNEY:00139012 Parties: Intercontinental Investment Bankers Inc; Weiss Caroline; Towers Of Blue Lagoon I Inc 0611611997 06/09/1997 05/29/1997 05/28/1997 0512011997 0510811997 05/08/1997 05/08/1997 0413011997 0413011997 Motion to Strike Event Notice of Event ATTORNEY:00139012 Appearance Parties: Intercontinental Investment Bankers Inc Certified Copy Event FROM THIRD DISTRICT COURT OF of: APPEAL Notice of Event MOTIONS 06/0311997 09:00 AM Hearing - Notice of Event MOTIONS 06103/1997 09:00AM Hearing Set - Motion to Event Withdraw Notice of Event MOTIONS 05/2011997 09:OOAM Hearing Set - Motion for Event Extension of Time Motion for Event Default Cancellation Event 05/2711997 09:00 AM Notice https:ItMW/2.miami-dadederkcorrocslSearch.aspx 8!10 hapsAmm-0.rr�arri-dadederkcornlocslSearch.aspx 9110 Submitted into the public 10123f2018 OCS Search record for item(s) PZ -8 on 10/25/18 City Clerk Event Number Date Book/Page Docket Entry Type Comments 03117/1997 Notice of Event MOTIONS 03126/1997 09:OOAM Hearing Set - 03107/1997 Amended Event Complaint 03/05/1997 Exhibit List Event EXHIBIT ARE IN COURT FILE 03/0311997 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 02/2611997 Notice of Event SPECIAL APPT 07/2711997 01:30 PM Hearing- 1C 02121/1997 17542:3590 Recorded Event B: 17542 P: 3390 NOTICE OF APPEAL OF Document NON -FINAL ORDER 02/14/1997 Order: Event DENYING MTN TO QUASH & VACATE TEMP INJUNCTION,TO REQUIRE 02/1111997 Letter of Event TO JUDGE MURI DATED 2-7-97 Correspondence WIATTACHMENTS 02/1111997 Motion to Quash Event 02/1111997 Notice of Event SPECIAL APPT 0211111997 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 02/0711997 Court Registry Event $ 100.00 # 654264 1NJUNCTIVE BOND. Deposit LAPIDUS & FRANKEL, PA.(CT ORD 012497) 0210711997 Text Event NOTICE OF SERVICE FILING INJUNCT $100. BOND. 02106/1997 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- hapsAmm-0.rr�arri-dadederkcornlocslSearch.aspx 9110 IOi2312018 OCS Search Event Number Date BoaklPage docket Entry Type 01/1511997 Civil Cover Event 01/1511997 Summons Event Issued 41115/1997 Complaint Event 44 Back to Search Submitted into the public record for item(s) P'Z.8 on 30 25 18 City Clerk Comments Parties. Intercontinental investment Bankers Inc, Weiss Caroline Please be advised. 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. • https"lA wvw2.miami-dadederkcon-VocslSearch.aspx 10110 Filing # 7460163411 -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 1! IN THE CIRCUIT COURT OF THE 11TH 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 • C �J LJ Submitted into the public ' record for item(s) RZ.8 on 10125J 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 and/or 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: A/ 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 ALA'YON & ASSOCIATES, P.A. 135 San Lorenzo Avenue, Suite 820 Coral Gables, Florida 33146 Phone: (305) 221-2110 Fax: (305) 221-5321 Email: plead ingsgi)alayonlaw.con7 ralayonAalayon law.com ralayon(& alayonlaw.com r� u 0 10123Y2016 OCS Search Submitted into the public record far items) %8 Exhibit " 8 tt on _10Z25/18, City Clerk Jerk's Home (http://www.miami-dadeclerk.com/home,asp) Wine Services(http:lJwvwumiami-dadecierk.com/online_services.asp) pout Us(http:itwww.miami-dadeclerk.comfabout.asp) ontact Us (http://wNw.miami-dadeclerk.com/contact. asp) y Account ('https://www2.miami-dadecierk.com/PremierServices/login.aspx) 1�1 171 HAND RUVIN CLERKof tre COURTS M � MIAMI -BADE COUNTY. FLORIDA Miami-Dade County Civil, Family and Probate Courts Online System N 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: 07/08/2018 State Case Number: 132018CA023952000001 Case Type: Declaratory Judgment (Greater than $15,000) Consolidated Case No.: NIA Judicial Section: CA15 Case Status: OPEN Parties C;E),ort to Party Description Party Name Attorney Information Number of Parties: 9 Other Attorney(s) httpsJfunkw2.miarri-dadederkcorrVocs/Sear ch. aspx 115 M23,12018 JCS Search Party Other Description Party Name Attorney Information Attorney(s) Plaintiff Blue Lagoon Condominium B#: Bar Num+bef' 111330 Associatoin, Inc. N__ •{Attorny.Narrre)EAfa}•r�,7, Patrick A. Defendant 7 AT BLUE LAGOON (1), LLC Defendant 7 AT BLUE LAGOON (2), LLC Defendant Weiss, Caroline v Defendant Intercontinental Invest Bankers IncCL j I' Q� U Defendant Towers of Blue Lagoon Inc o E u Defendant Weiss, Caroline Plaintiff Blue Lagoon Airport Club Apartment B#,. {Bar.Number�.11133Q a1 a uR `" III:::,:t!Attorne.111m�IAiayoi�, fl o Patrick A. n o Plaintiff Milton, Jose8ar•Number.111330 N. -:( horn y, hfq,mq).Alayon, Patrick A. t Hearing Details Ci Export to . i Hearing Date Hearing Time 1113012018 9:OOAM 11/16/2018 9:00AM .N Dockets C♦Export to Number Date 1113012018 11/16/2018 haps: /Avo/w2. rrr ami - da de cl erk com+ocslSear ch, as px Hearing Code SPECSETS SPECSETS Number of Hearing: 2 Description Special Sets Special Sets Dockets Retrieved: 21 Docket Event Book/Page Entry Type Comments Special Sets Hearing MOTION TO DISMISS Special Sets Hearing MOTION TO DISMISS 215 1012312(}18 • • • 13 10/01/2018 12 10101.12018 11 10/01/2018 10 10/01/2018 L 9 09/19/2018 8 09118/2018 7 08/29/2018 Number Date 16 10/16/2018 OCS Search 15 10/16/2018 Event 14 10/12/2018 13 10/01/2018 12 10101.12018 11 10/01/2018 10 10/01/2018 L 9 09/19/2018 8 09118/2018 7 08/29/2018 https:llvnvN2.rrtiami-dadecierkcorrdocs/Search.aspx 315 Submitted into the public record for item(s) PZ.8 OCS Search on 10/25/18, City Clerk Docket Event Book/Page Entry Type Comments Cancellation Event Notice Notice of Event 11/3012018 Hearing - Notice of Event 11115/2018 Hrg Special Appt Motion: Event FOR LEAVE TO FILE RESPONSE OUT OF TIME Motion to Event Dismiss Order: Event GRANTING DEFENDANT'S MOTION FOR LEAVE TO FILE RESPONSE OUT OF TIME Order Event AGREED- GRANTING Extending DEFENDANT'S UNOPPOSED Time for MOTION FOR EXTENSION OF TIME Motion for Event Extension of Time Notice of Event Appearance Receipt: Event RECEIPT#:2550018 AMT PAID:$30.00 COMMENT., ALLOCATION CODE QUANTITY UNIT AMOUNT 3139- 139- SUMMONS SUMMONS ISSUE FEE 3 $10.00 $30.00 TENDER TYPE:CASH TENDER AM T:$30.00 RECEIPT DATE:0812912018 REGISTER#:255 CASHIER:DANMAR https:llvnvN2.rrtiami-dadecierkcorrdocs/Search.aspx 315 10,23:2018 Number Date 08129/2018 5 08129/2018 08/29/2018 5 08/29/2018 08129/2018 4 0812912018 3 0712412018 44 Back to Search 07108/2018 07/08/2018 Please be advised: https:/AwAv2.n iarm-dadecd erkcorNocsiSearch.aspx Complaint Event Civil Cover Event • �m 4is Submitted into the public record for item(s) PZ.8 OCS Search on 10 Z5 18, City Clerk Docket Event Book/Page Entry Type Comments 20 Day Service Summons Issued 20 Day Event Parties: Weiss Caroline Summons Issued 20 Day Service Summons Issued 20 Day Event Parties: 7 AT BLUE LAGOON Summons (2) LLC Issued 20 Day Service Summons Issued 20 Day Event Parties: 7 AT BLUE LAG0ON Summons (1) LLC Issued Receipt: Event RECEIPT#,3430002 AMT PAID:$401.00 NAM E:ALAYON, PATRICK A. 135 SAN LORENZO AVE STE 820 CORAL GABLES FL 33145-1527 COM M ENT: ALLOCATION CODE QUANTITY UNIT AMOUNT 3100 -CIRCUIT FILING FEE 1 $401.00 $401.00 TENDER TYPE:E-FILING ACH TENDER Complaint Event Civil Cover Event • �m 4is 1 012 3 1217 1 8 OCS Search The Clerk's Office makes every effort to ensure the accuracy of the fallowing information; however it makes no warranties or representations whatsoever regarding the completeness, accuracy, or timeliness of such information and data. Information on this website has been posted with the intent that it be readily available for personal and public non-commercial (educational) use and to provide the public with direct online access to information in the Miami -Dade Clerk's Office information systems. Other than making limited copies of this website's content„ you may not reproduce, retransmit, redistribute, upload or post any part of this website, including the contents thereof, in any form or by any means, or store it in any information storage and retrieval system, without prior written permission from the Miami -Dade Clerk's Office. If you are interested in obtaining permission to reproduce, retransmit or store any part of this website beyond that which you may use for personal use. as defined above, visit our Web API Services (https://vww2.miami- dadeclerk.comlDevelopers). 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Submitted into the public record for item(s) PZ.8 on 10 2518, City Clerk 1-1 h11ps:1Mwm 2.miami-dadeclerkcorNocstSearch.aspx 515 Submitted into the public Filing # 74601607 E -Filed 0710812018 06:46:28 PM record for item(s) Pz.8 Exhibit rr 9 rr on 10/25Z18 City Clerk IN THE CIRCUIT COURT OF THE 40 11T14 JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 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. 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. I COMPLAINT FOR DECLARATORY AND SUPPLEMENTAL RELIEF AND PETITION TO ENFORCE PREVIOUSLY ENTERED AGREED PERMANENT INJUNCTION Plaintiff, BLUE LAGOON CONDOMINIUM ASSOCIATION, INC. ("SLC" 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 is �J Submitted into the public record for item(s) Pz,8 on 1Q 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 Complaiiat. 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 8881 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`' 1 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 cast 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 Plaintiffs use of the Submitted into the public record for item(s) PZ.8 on 10125118, City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss et.al. Complaint Paee 3 of 10 ("Defendants' Intended '[.Ise 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 ("47", 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 Z of this Complaint/Petition, 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 Plaintiff's 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 ("LDS")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 `" 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"). :i 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). C7 • • Submitted into the public record for item(s) PZ.8 on 10/25118, City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss et.al. Complaint Pap -e 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 47'x' 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. 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 11 `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. a 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 an each subsequent owner of each estate. Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss et.af. 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 Endings 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 Plaintiff's 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 "47`h 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. • • L� Submitted into the public record for item(s) EZ --.8 on 14 25 I8, City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss et.al.. Complaint Pace 6 of 10 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 $15,000.00, exclusive of interest, costs and attorneys' fees. 12. At all material times, Defendants were resident, headquartered, registered to do business and/or transacting business in Miami -Dade County, Florida. 13. At all material times, Plaintiff was a not-for-profit corporation organized in Florida and headquartered in Miami -Dade County, Florida 14. The real property consisting of the Easement that is the subject of this dispute is located on or near N.W. 7'h Street and 4$'h 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 Is 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 7 of 10 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 $15,000 exclusive of interest, costs, and attorneys' fees, pursuant to Chapter 86, Florida Statutes. 20, BLC re -alleges and reasserts the allegations contained in paragraphs t through 18. 21. A bona Ede 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 Plaintiff's 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 C • is • 0 Submitted into the public record for item(s) PZ -8 on 10/25118 City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss et.ai. 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 47sh 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 bonajide, 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 et.al. 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 PACE LEFT INTENTIONALLY BLANKI • 0 Submitted into the public record for item(s) PZ.$ on 10/2V18, 1$ City Clerk Blue Lagoon Condo. Assn. Inc. v. Weiss et.al. Complaint Page 10 of 10 JURY DEMAND Case. 0 SLC demands a trial by jury on all claims, defenses, and issues so triable in this entire Respectfully Submitted, By: A/ 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: pleadings(Lbalayonlaw.com ralayon iDalayonlaw.com ralayon(o)alayonlaw.com &2ar2016 Submitted into the public Exhibit "Alt record for item(s) Qz.8 on 10 2518, City Clerk Miami -Dade Official Records - Print Dacurnent to -AM 25 OR 3s54 86R289744 R[c: I2999P9 325 DEiLARAT I QU OF EA9_£MENI THIS DECLARATION OF EASEMENT executed this [9th day of AuQUat, 1906, by INTERCONTINENTAL INVESTMENT HANKERS, INC. a Florida corporation (hereinafter referred to am "GRANTOR")1 ISL T _N_ E _ EL_S_ E.- T, ho WHEREAS, GRANTOR is the rwcord few simple title owner pf the two parcels of rural property deetribed upon Exhibitor "A°" and "S" attached hereto and made a part hereof1 and WHEREAS, simultaneoualy with the execution hared+, GRANTOR is assecuting a mortgage in favor of FLORIDA NATIONAL HANK, a National banking association, to secure a note in the original pet nci pal orum of $1,600,000.00, anti encumber I ng the real property described upon Exhibit "A" ("THE MORTGAGED PROPERTY")l acid WHEREA6, THE MORTGAGED PROPERTY, described upon Exhibit "A," down not •but or Jim Contiguous to any public road or street but is Contiguous and adJ" wnt to, on its Easterly boundary, the real property described upon Emhibtt "B" i"THE HERVIRNT PFtOPERTY")p and WHEREAS, in order to provide for, and to Insure unto, the said FLORIDA NATIONAL BANK (hereinafter referred to as "GRANTEE"), a right of access to and from THE MORTGAGED PROPERTY, in the event said GRANTEE or its successors or assigns should acquire title thereto by virtue of the foreclosure of its mortgage, or by dead in lieu thereof( and W1-tEREAB, GRANTEE would not make nor •disburse the proceeds of its of oresaid loan without the execution and recordation of this Dec i rr at i on of Easement t NOW, THEREFORE, in consideration of the fovwgoinge and other good and valuable considwration, the receipt and sufficiency thereof in hereby acknowledged " GRANTOR, GRANTOR BOEB HEREBY grant, bargain,. sell, declare and raserve unto said GRANTEE, and ORANTEE`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 S / �1GI,r https:iAvnvw2.rniaini-dadeclerk.COM/pLitA!c-reco,dstPrintDocumer)t.aspx?QS=Yaa0JfOzxry31+ RCvprh6POlPFHEqL1H%2fgLyxEJhlGAsjgv70RkHhuUm2n `A. i!6 • rI • Submitted into the public record for item(s) PZ.8 CJ21f2015 Miami -Dade Official Records - Prem Document on 10/25/18 City Clerk GRANTEE'S mortgage, a twmpdrary non-mmoluaivs mawement #or the purpnsm of pwdeatrian and vehicular ingreaa and egress and for Installation and maintmnancw of public utilties, whether under¢raund, SurfaGm level or above surface Laval, and for all other lawful purposss, in and upon, bvwr, &crow%, undwv and %bove a 40 fogt strip of land lying within THE BERWIENT PROPERTY (dwscribwd upon 9.hiblt "R attached hwrwtol, which 40 foot %trip of land runs Northerly #rpm N.W. 7th Street, and then Nor thwamt arl y and Wester) y to where It Ahut a THE ?iORTi3A11EO PROPERTY idoscribmd upon Exhibit "A" attached hereto), maid 40 foot %trip o4 land being more particularly dwscr`ibud as followo% That part of Tract No. 2 of PLAT OF THAT PORTION OF THE SQUIHEA.ST 1/4 of SECTION 31, TOWN13HIP 33 UOUTH, RANGE 41 EAST, LVIN¢ QOUTH AND BOUTHEAGT OF TAMIAMI CANAL, according to the Plat thereof, recorded in Plat Dnuk 20, at Pago 10, 04 the Public Record% 04 Oadw County, Ploridm,and dwacribed sal fall©wsi Commence at the Concrete Monument wet in the pavement of Novth�.iwst 7th Strawt at the Southeast corner of said 8wction 311 thence run North 01- 3B' 30" East along the East lin w of maid Bwctic3n 31, the same being the Zg6wt 1 i ne of maid Tract 2 and also the zoned centerline of Northwest 47th Avenue# for a distance of 40.Q2 4not I thence West along a lin■ prang 40.00 fset North of and parallel with the Routh line of maid Rection 31 frlr a distance of 1134.O0 feet to the Point of Baginning of a 40 foot %trip of land lytng equally and 70 feet on each side of the fdllowing described eenterlins tshortaning or wutw"jr%q the rids thereof wo as to crwat.s w continuous strip of land)1 thence run North Ol- -B' 30" East for a distance of 219.63 #wet to a Point of Curve to the le4t1 thence NortherLy and Wsaterly along the arc of said curve, being concave to the Bouthwwst, havinq a radium, of NO Met and a central angle ref 91-• 38' 30" for on arc distance a+ 79.97 fast to a point of tangency) thence run West for a distance of 326.46 fast to a point of intersection with the East boundary of THE MORTGAGED PROPERTY, said point being the termination of said center line. GRANTOR does further agree as follower 1- The �recitalm haeoiratsova contained arm tr,.;e and c r r act. 2. The waomMant hereby granted shall hmccmw permanent and shall bw an wsewmant appurtenant to THE MaATGAt3ED PROPERTY, and shall run perpwtualiy with the land upon THE 99RVIENT PROPERTY, upon the GRANTEE, its succwamors and aaoign s, becoming the owner of THE 1"OR7SASED PROPERTY, whether by forwclmoure or by deed in 2 hltps:l/vAv r2.mlam)-dadeclerk.comlpublir-recordsfPrinIL)ocume+it:aspx7OSWYaoUfOnry3MRCv{xhGPOJPFHE9lQH%2fgLgxE.ihlQlts]gv7L]RKHhoUm2rKlW-- 2<< 1312412016 Miami -Dade official Records - Print ©i Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk EC. ItEC! 2999�C 328 . It au thereof, or other Ni se. upon the eaaament beaomin❑ perma- nent as aforseaid, the MRANTEE shall have the right to grant to a third party (such an w utility company, fire department, police department or any other governmental department) a non-•wxclusiva easement for the purpope of pedestrian and vehicular ingress and egresw; and underground, an ground or above ground, a non'-eKalu- sive ■asemeret for utility installation and maintenance, "pion, ew er, under, across or above any portion of the above-dwscribed 40 foot easement arra. 3. Upon satisfaction and discharge of record, by an appr+dprlate ■atisfactimn of mortgogr instrument, of the GRANTEE'S mortgage encumboring THE MORTGAGED PROPERTY, tha easement herein and hereby granted and declared shall be deemed to have been terminated and cancelled. 4. The GRANTOR agrees that so long an this easement to in effect, not to place any structures or improveme('%tw of any kind in or e_spOn or over the 40 foot easement area as described hwrein. IS. In the event that the waaement haraby granted and declared *hall became fully opwrative, in the manner as afore- said, GRANTEE. its suceassors and awaignss including any purchaser at a foracloaure sale of the 13RANTEE'g mortgage, shall have the right to remove any obstruction which may now or here- after Its or be within the 40 foot easement area described h*rein. 6. The. provisions of thi w nor -1 oration of Easement shall be binding upon the GRANTOR and its euccassors and assigns and shall be a covonant running with and binding upon THE SERVIENT PROPERTY. IN WITNESS WHEREOF, the GRANTOR has caused this Declaration 3 haps:clowm2.miami-dadeclerk.comipuhlic-recordsJPrint©QCLImentaspx?QS=YaoLJK)zxry3i%4RCvprhopolPFHE91QH%2fgLtjxEJHCU(sjgv7ORkHhuUm2rxiW... M • • • S12*2fit G LJ Miami -Rade Offidal Records - Print pocumeM Submitted into the public record for item{s} PZ.8 on iD 25 18 City Clerk . ti �gg9PG 329 of Easement to be r>,ecutwd the day and year first abcvw writtOn- i Si unrd , rwal od and delivered in the presence 0+3 [iRANTpRa ,ht� Y q'P y INTERCONTINENTAL INVEBTMIL(TrQa24` •'M BANKERS, INC. a� ira W, car ar010 W*i oft, Prr+widwr"r� ND9l�t� ............... -7# - 'Tbi STATE OF FLORIDA T � aa� COUNTY OF DADE The foragoinQ inrtrumwnt was acknowledord brffarw mr thia 19th day of Augtaat, t9861 by Carolin+ Weiat, aw Prwrident of INTERCONTINENTAL INVESTMENT BANKERS, TNa Florida o corporation, an h4043i f the cLarporat) C.1 _.��• TNot,y Pub #fir d a lorida at Larq y My Commi etii on EYa p i ro% MOik>tYxaE�a er ranpanI • `ter. +!'C. '.' aa1rL R1 R(Yafl ll IHp,I 4f w[RRL M+• 11YJ. - 4 Ntps,I,Www2.miami-dadeeJerk.comlpublic-reccxdslPriritDocument.aspx?QS=YaoUtOzxay3MRCvprhBPOiPFHE91QH%2fgLtjxEJhl(Mtsjgv7ORkHhuUm2ndVJ 4iG 6124/2016 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Miami -Dade Oficial Records - Prim Document r1t: 129999 9 330 Attaithad to and being part of Faclaration of Easement dated Rupuat 19. IT86, emaciated by INTERCCINTINENTAL IN1lERTMENT BANKERS, INC.* a Florida corporation LEGAL DESCRIPTION That Part if Tract No. 2 of "PLAT OF THAT PORTION OF THE SOUTHEAST I/4 OF SECT W N 31, TOWNSHIP S3 SOUTH, RANCE 41 EAST, LYING SOUTH AND SOUTHEAST OF THE TAMIAMI CANAL," according to the Plat thereof, as recorded in Plat Book 28, at PaK•r 10, o£ the Public Records of Dude County, Florida; Lying and being in the City of Miami. Dade County, Florida; and heing 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 01038'30" E along the Last line of said Section 31, the same lines being th-e East line of saki Tract No, 2, and also zoned centerline of !Northwest 37th Avenue for a distance of 40.02 feet; thence West along a line being 30.00 feet North of and parallel with the South line of said Section 31, for a distance of 1510.63 feet; thence N 010381301" E For a distance of 245.10 feet to the POI -14T OF BEGINNING of the parcel of land hereinafter described; thence Wes& for a distance of 593.67 feet to a point; thence N 01 39130" 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 TAMIANIL CANAL, as platted; thence Northeast- erly along the arc of said curve to the left, being con- cave to the Northwest andhaving a radius of 1395.08 feet and a central angle of ZgeS6"AL" for an art distance of 1"29.11 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 01038130" W for .a distance of 60L.61 feet to the Point of Beginning. EXHIBIT "A" https:lhuww2.miami-dadenferk.comlpubfis-record MrintDocumerd.aspx7QS=YaoUfOzxry3MRCvprh6PQIPFH€910H%2fgLtjxEJhIDJtsjgv7ORkHhuUm2rxis6+,+... S5 J F_ 1 Submitted into the public record for item(s) P2.8 612Q016 Miami- DadsQfficial Records - Prir)t Document on 10 25 1$, City Clerk 6 1. . Me 129990'331 Attached to .and Paving part of Declaration of Eaaemwnt datwd Auguwt i9, 1496, aKwcutwd by INTERCONTINENTAL INVeSTMENT SANKER13, INC„ a Florida corporation That part of Tract Nn.2 of -PLAT OF THAT PlCIRTI13N OF THE SOtJTFMA6T 114 OF 6ECT1ON 31, TOWNSHIP 53 BOUTH. RANGE 41 FAST. LYING SOUTHAMD CAMP -L-, S:JL) H5AST OF TAMIAMI CA-, acCordlnq t4 the pao plat thereof an recorded in Plat Book 28 at Paper LO of the Public Records of IIade County, F'lorldal lying and boing in the City of MLarai. Dade COUnty, F'lcrida, Commences at the Concrete Monument ret in the pavement of Morthwwet 7th street at the G=thwaft corner. of •aid Baction 311 thence run N.01 39'30110. along tho Eaet Lino ofsal d Section 31, tho samw ling being the East lin■ 4f said Tract Nd.2 and also the 'Zoned centerline of Northwast 47th Avenue far a dlatanew cif 40.07 feed thence WERT ■lana a lime being 40 feat North 04 and parallel with the South line of trid ewctton 31 for 1114.00 feat to the POINT OF SEGiNNIN(3 of tho parcel of lard har•rinaftvr descritaodl thence continue WM81 along the 1 met dwecri bwd I 1 nv for 130 -PO f set 1 thence 7,4,01 35"30"1E. parallel 44ith the ea+t line of said Section 31 #nr t45. 1O fwu!'T thence WEWT for 160.00 fcwt) thancu N.011 3B'33"F-. for 100 fast) diener WEST 106-63 f cwt) thence N.01 3e' 3d"£. 40- &01.61 Twat to a paint on a Civcular curve. said point bgara S.47 55' 12"Mf. fbrwa the cwrstwr pf the' ialIowlnq dvscribwd curve.. thence NORTHEASTERLY along the art of sold curvu Spa i ng concave to the NorthY vot , Pawl nq A rad i ua of 1345. OB 4bpt anti a control angles of 00 13'53•' for an are: dlatanea of 5.64 fart to a point of tanpwncyl thence 1x1.41 36':35"E. #or .06. a 1 4wat to a point of cmar'vel thwnco lJrr:Hepates^1 y-soutiterl v ai orta the arc of said curve to thw r 1 Cht , temp e0»wave to the southwvst and having a radius of 50.00 fcpt and central angle► 04 141 3c7'05'" for• an arc cif stance of 123.&1 flood Yrlomcv 5..OZ 30,0011W. 40r, 396.21 f wwt to a paint of curvy r tneaIcr Zolthlaastwrly-Nnrthaastar1V along the arc pf %aid cLirvw to the left, avina concave to the N0f-thwa9t and having a radius 04 45.b. file_ ant a central an(;la of 160 16'10' for an arc diatanco 4* 13.67 faotl ',hwnce SOUTH for 242.27 #out$ thwnc"EAST for 154.92 feed thentO S- o) 38'3011W.. for 245.10 40st to tete Paint ref awglnntnC. v httpsllwawa2.mlam i-dadeclerk.cam/puhlic-recardslPriMDoc um ent.aspx7QS=YaoLJ"xry3MRf;vprh6P01PFH E9lQH"L1jxEJh16Jtsjgv70RkHhi,Um2rKM 616 AND Traac cart of Tract w40.2 of PLAT OF THAT PORTION Or 711E SCASTr-lEA5T 1/ 4 op SECT 1 ON 31. T OWNSH I p 53 SOUTH, RANGE 41 EAST. LYING SOUTH AND WUTHEAST OF TAMIAMI [ANAL, accrardlnq .to the olat therwof as racarded In Plat ponk 28 at Paq■ 10 of „t.>•.eea rn C saggar rue[ , r the pUbl i C iiaCorde o4 Dade Ccun.ty . Fl ori da; l yi nq and being ue wa. c�r�u�rrrtn.r.o.. in the CI t r of Miami, Dade County, Florida. being more etcd.0 rlrinta oartlwlarly deacrtbwd as #0110 st RICHARlS V. ffRnMM Cp__*nKF at the Con Crete plonu ant ♦et In the Pavament of CLERK C Rti ll COURT Nor thytat 7th-fltra At at -the BOut nwast corner of aaid Gertl on ]11 thenen WEST al orifi the EfCxith I l nes of raid section 31 for 1114.00 feat, thence Tl.pl 35'30'E. oarallwl «ith ttae Eaat It- of said Swe-tion 31 for 283.2: • feet to the point. X14 bw7innih% of the parcel- of iantl oareinafter doarribwd, thwr,ce w. -ST parallel .rtth the South line of said Section 31 for 134.92 feett thence NORTH fpr 742.27 Twat to the 1gtsr%wut'.1<n . - with the arc of a eirtuiar curve, *aid poant [Lear* 6.66 44'lp`E. from tnw' crntwr of thw foIto.rinq n^"•:ribed curvas thence N RTNE.ABTEA4 V along se arc; of %xis curve. bwino eoncrv. tis the Nr th«e.t. naysno a rwdluu of i5 feet and cwntral angle 04 14 43,!50- for An arc dl;tance of 11.37' feet 3p to a 001�t of ravwree curve, [hsncw NOFt T)4&A9 TEAL Y along the _ ao - arc of sato curves bulmo Co c --w to thw Sc-teAwast, having a C5 radlu% of 190 fart and a centra) anpiw 4f ao Qi•27" fpr an art d.. atanca of ?23. 43 *eat to a 9 -[sant 44 CO"OO"nct curval i, it A thence EASTERLY-SOUTii RLY Along t:rw arta 04 said cows, being corcavw to the Seuth.aat, havin+p /l rediuw So Twat 4tnd a- 2 ' Centr.l Angle cif 90 57,15- fprarc 01 rt.wnce of Bb.35 f ext T O to a point Of tangormVl thence S.P4 $2.49"E, fpr 154..lit 4ewt u y •`' to a point of curve of C►rcular curve t4 the iaftl thenre M .. S0LJTHCf1LY-EA9Tff-ftLY al wag the art of ■aid curvy. being cn+acava to the Northwawt. ha.ring, a radius of 443 feat and a central r angle 6f 73 27'00" # W an di etancw o•f 57.69 # set to a point of tanewncyi thence 8.77.39'371'E. for 67.t7 fent to a p0tnt of curve of a ctrcukar curve #Q the laft.i'.thencw F_ASMNLY-. NORTHEASTERLY, aI e3nq the are b# said curer. bel n4 Cp C^a s •c1 the North. having a radius of 33 fwwt and a cwntrl 'Angus pf 52' A.E4+r d" ear an di stance Of 32:t -T #ert7 thence along a 1 i na radl al to the 1 pet dwacr Lbwd Curve fpr 3l -= fewtl thwncw EAST far 170.'.9B fewtl thwncw S..OU#Fl #or 142.17 f pet l thence WE91 fvr 3F1j. n1 fwat to the Doi nt of bwg4f ning. httpsllwawa2.mlam i-dadeclerk.cam/puhlic-recardslPriMDoc um ent.aspx7QS=YaoLJ"xry3MRf;vprh6P01PFH E9lQH"L1jxEJh16Jtsjgv70RkHhi,Um2rKM 616 Exhibit "B" 3734 SLUE 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 10125/18 City Clerk IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DARE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION . CASE NO.97-00975 CA 15 , .z N a RDED 4 W,, CVWt t+oarts 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 CFF R€C 8H 17877PG1987 F ri Submitted into the public record for item{s} PZ.8 on 10 25 18 City Clerk 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 1, 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 a€filiated 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, 1947 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 )nJunction. OFF REG BH 17877PG1988 K Submitted into the public record for item(s) PZ.8 # on 10/25/18, City Clerk I 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 shaft 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 ft day of November, 1997. Circuit Court Judge cc: Robert P. Frankel, Esq. Bernard S. Mandler, Esq. 3 CFF RFC 8K 1 7877PG 1 989 �1 LJ 001 CL r4 IV cu 0. u O E " 21 00 E 0 IC21 (u Ln " 0 TOWERS AT BLUE LAGOON 4865 NW 7TH STREET, MIAMI, FL. 33126 OVVNLR LANUCAFE ARCHITECT KOW LARP ITZ AIWA ARCHITECT • • Submitted into the public record for item(s) PZ.8 an 10 25 I8 City Clerk nRnwin�r: iavnFx 1607 d ib 2 N l ")�re I s tea, �� • umia ■ ...w romc,i xm Fr. ewR.* wA*Gs . • .t.rF nitnm �.arG • r +uuv.c • onr.s r Lumau r ■ t+.J.Fii'uur...ss.W • crw, www • • Nar u+a ex - r�uwc r uw tvnxnca yn • • ■ �fm �axL a nxw •va.•va. • • .}aF tna a naGi . Lnn r noa nrt+ • u.v wry nr. • �s ■ resr uctwmn ■ X.AI MNKFG cuvr� Yatiu ■ Nq. CMAr«P [tR'xmix «'Mti . NGF [MMKP ilLwd�O. G['�qi • }GF wc}cwe cw�r • L -i40 F[ig4GiC urUY.•^L �[A WW • .iaF LrnEuri ntw u�urcoa... . L•}Gt fi.ii4 • >4u}1 • _ VLy�f w1UW..n Ix✓xtm iGn�s1 Ran .. 1607 d ib 2 N l ")�re 11 AREA OF WORK ro 0 cv CD 0 M 0 7 - c A� N m N z ra z z PROJECT DATA N Lli 1607 z 0 - a Q ❑ dz ti W uj ?m; 8 m' i 07 cr g_ 0 0 0 A1.00 GROUND LEVEL (RESIDENTIALIPARKING) 109,577 SFZ LEVEL 1.5 (PARKING) 63,577 SF iati LEVEL 2 (RESDENTIALIPARKING) 152,105 SF _- cgLF r. tMr i = !� 'CgRll • ,,..1607_ r' Q I r i i z tiA U) T i z 44 fi GROUND LEVEL (RESIDENTIALIPARKING) 109,577 SFZ LEVEL 1.5 (PARKING) 63,577 SF iati LEVEL 2 (RESDENTIALIPARKING) 152,105 SF _- cgLF r. tMr i = !� 'CgRll • ,,..1607_ � LEVEL 3 (RESIpENTIAUPARKlNG) 160,519 SF LEVEL 4 [RESIQENTIALIPARKlNG� Q61,0d6 SF [''.. LEVEL 5 RESIQENTIAUPARKING 160E519 SF ""� `• -- -- --- — N A1.41 _ ..... Submitted into the public__ -- record for item(s) pZ.g on 1G1 25 1$, City Clerk Q z tiA U) T i z 44 fi � LEVEL 3 (RESIpENTIAUPARKlNG) 160,519 SF LEVEL 4 [RESIQENTIALIPARKlNG� Q61,0d6 SF [''.. LEVEL 5 RESIQENTIAUPARKING 160E519 SF ""� `• -- -- --- — N A1.41 _ ..... Submitted into the public__ -- record for item(s) pZ.g on 1G1 25 1$, City Clerk Lr L ti XT t L: 1' rar,.a I rR�d�4!y:1 LEVEL 6 (RESIDENTIALIPARKING) _ 141,544 SF LEVEL T (RESI[3ENTIALIAMENITIE3] 62,193 5F �� LEVEL 8,{,RESIDENTIAL) 92,731SF � 7ril: a P.4 7 I pis Z d. ;1f'�75C 7:1 l.T,I7:7 C'If :1.kirl J %lll,r LEVEL 9 (RESIOENTIAUAMENITIES) 81,170 SF �'�'*�,r� LEVEL 1fl-75 (RESIDENTIAL 408,680S F `s LEVEL 16 (RESIDENTIAL) 23,804 SF ..........................................- Submitted into the public record for item(s) pZ.8 on 10/25118 City Clerk 1607 9 z 0 O-� a Q r J LL Z as A1.02 LU cr • • • A �sysnlsvin+s �ntsaw��aw.w�w�� • µ:i r atry Q Submitted into the public record for items) PZ.$ on 10 Z5 1$, City Clerk 7607 Ui a a cn z z LU a d Q -U-'j _ LU W _ J fr d7 LLl 7 Q U w— 0 9 S I I , S` x J G7 Q s z:. p Va.�T-ww4 -•�- .rr.wi{9++Y wYTtewuy Wrrs Vow i..�srcr. � '�- � - LOT COVERAGE & OPEN SPACE w A1.03 0; ..- - MIAMI INTERNATIONAL AIRPORT DOLPHIN EXPY BLUE LAGOON SITE MEMORIAL GARDENS MEMORIAI. PARK DISTRICT CONTEXT I HILTON MIAMI AIRPORT - 14 STOREY BLUE LAGOON VISTA AL LAGO CONDOMINIUMS -2 STOREY SITE SUNSET VILLAS PH 111 - 8 STOREY YOLANDA VILLAS CONE) DIM INIUMS - 8 STOREY BLUE LAGOON COND ON41 N1 WAS 6 STOREY SUNSET VILLAS - 8 STOREY M00N TOWER - 8 STOREY HALF MOON TOWER - 11 STOREY VISTA LAKE CONDO. 6 STOREY NEIGHBORHOOD CONTEXT Submitted into the public record for item(s) PZ.B is an lU 25 18 City Clerk 1607 NTS 8 v [V a D_ U) U) m 07� z U� a Z .. ,.. . HTS z 0 W A1.04 1607 T.- 4r4L . \- \. ©. .��. � � . � Submitted into the public record forme m b) PZ.8 on 10/25 18, OR Clerk (ATAMM TO IM. -X L t 004 MNSIOAAINIUPIS 1-filmw 5000, WOM MILTOOMWAI��I Submitted into the public record for item(s) PZ.8 on 10125/18 City Clerk 1607 VRL 1V Ln 9 0 wa z IL 0 CONTEXT PHOTOSN Ai.06 ...... .. ........ ... .1�, OF. W FR� PNLT� K40JO AIWORT 911FLM F3 rTPE VEEW TOWARD BLUE _0P CDN_NFUM K SWE WIXTOEMI EW Submitted into the public record for item(s)PZ. on 10/25118, City Clerk 1667 CIA L6 0 D z All X1 CONTEXT PHOTOSN0 LU A-1.07 Submitted into the public record for item{s} PZ.8 on 10/25/18 City Clerk 1607 z O WA z 4 w W �� Z no �� 0 0 0 0 N v i€ -E kq�s z ; N u7 z IL RENDERING Nr14 LU A1.08 0 0 0 BLUE LAGOON -MIAMI, FLORIDA e nwran mod�lvw•�ved b�Kab evv ucxs�.rchrro aea 4Mie.�v y..yYu, Iee sti+e tleP�'�N.eb Svp16rcti/erMeard �Nr�. be..p+, Mc the ayt yreaMc�mw•v Le :e,.+..rrc... ene e.pnn..rfx.,M�re�+cwnmi of Wb[bp MG:lecSrs rn.d lnyny Ru.grt �c l�+c4Pl INK Submitted into the public record for item(s) PZ -8 on ld2S L18 City Clerk 1607 a2..... ._..... N ca Y O jJim- cn d RENDERING A1.10 I ... -- iu II I6W LI IC k..I U UI It.,. record for item(s) PZ.8 on I0 Z5 Z8 City Clerk 0 1647 r_ u��w 3a FTAILS & MATERIALS A1.1 1 1607 I..I-, u --- -1111%1/ = _ � � on 10/25/18 City Clerk A1.12 • GLASS W/ ALUMINIUM FRAME EXTERIOR PAINT SW 7551 Submitted into the public record for item(s) PI.8 on 10/25/18, City Clerk e • _..__...._.1607 ................. 0 - J Q w _� 0�� g Uj 3 m J lid ti 4 ol 4 w t'i're `--•= r`. •� - rj, -- 77, � 4 i. BLUE LAGOON -MIAMI. FLORIDA C !M1evwa pee of peHdep A Kob r" WNIl W Cid Ih'r O-W,rne..a thn Sale W.W, W ftE kWp 1U NWC"o d Mr�'0a6W. r4 -Ina -A Pl�-�"ror Mwird�Th.Ara-Wolcd+NMca lof 9009"WCNW-. and k� D*4m� OAO[ INK NA of I It = ' *.It`+ 0 g O Y LU f caF �s M � � � •. •syr ' ��.. '� R ; � � U , AJj 1 n _ � w y r M 10iu• ti dwl . Submitted into the public ARCHITECTURAL MASSING Al 15 record for item(s) pZ•8 on 10 25 18, City Clerk E ........_... _ Submitted into the public record for item(s) PZ.B on 10 Z5 18 City Clerk 1607 r 0 C? CD a b Asa z` W z 0. 517E PLANrawv SCUE. A2.00 flatrff I I i I record for item(s) PZ.8 on 10125118 City Clerk —1607 z 0 LU > LU C I D CO S z 0 gnU) In CY) z EL LEVEL 1 0 UNJ A3.00 ft.. . ......... . .............. OFF $ITE NEIGHQCAH000 IMPROO'EMCNTS LLGCHD _ ,EEb94EYfwf m,x rat•rr..4�� M�1uel .,�wr i�E�FYrip r. i—IE' VU -3 ENTRa N.,E INFROViNER*E LY bi ' Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk 010, rAt L ir 1 I L --.J ---a l .. L Is - J' .. .. .=AA PL" REVIEW' °- `iHRISTOPHER CAWLEY ICC E`""�l '°"—LfL•�K -HOS APE R NI7E TGRE LI I iii ..w„ .. NEIGHBORHOOD IMPROVEMENT LANDSCAPE HEY PLAN••._.. � ,Y'"- "---•` - •' + '^2.00 w- � �- siib 9s5 �blF i y. ,aarlar.eaa. r E Submitted into the public record for item(s) PZ.8 on 10L25L1.8 City Clerk 0 4 Exhibit '12' • 7 CM OF MMKII HEAFUNG GCAADS Z 0 LEVEL 1 N LU ry A3,00 anNMVKUWMN 0 LZI Lim tz= F— Submitted into the public record for itern(s) PM on 10/25/18 City Clerk • 1607 U� CD CD - in W Z 0 N LEVEL 1.5 0 "4 Lu A3.01 3 n143Av HU 0 M1 Submitted into the public record for item(s) PZ.8 on 1012S/18 City Clerk 91 iiO m VT uT LEVEL 2 N A3.02 Submitted into the public record for item(s) IPZ.8 on 10/25/18 City Clerk yeti. E ^I� •;1�r�' __� � E -i � - I II 1 R== L 1661 - r � D $ u _O c C!} M U) ✓bib. U) 4 LEVEL 3 N 03 4:KE 1'WiPal° 0 3AN3AV NJ 0 Submitted into the public record for items] PZ.8 on 1QI25LI.8 City Clerk 1607 04 0 M P A k MA IMMIKOU A3.04 Submitted into the public record for items] PZ.8 on 1QI25LI.8 City Clerk 1607 04 0 M P A k MA A3.04 3nN3htl Hl �11�M11�11111 1111111M11' Ilion. 1 IND Submitted into the public record for item{s} RZ.B on 10/25/1 City Clerk 1607 00 . O NLh Mo C._„ .. ..... ...................... g� a 7l�rsa 8 Oi U9 LO D 0` z a LEVEL 5 N A3.05 F.- 3nr 0 1 Will I I kill 1111111 l(!FNlI"l!zWIl HIRED, Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk O A sn CL LEVEL 6 A3.06 wr43AY Hi19 MN W� Submitted into the public record for item(s) PZ -8 on 10 25 18 City Clerk �r��r PCp- dS�• •iia �+ f x Y d N g p U7 1 pt,pE{ 6-5 z 3w J0. YL_ wF�w6i. Z .ni �rbiw Ai. LEVEL i (AMENITIES) C�) A3.07 _,. � � � ar�r�r■..... rara�au r T: r -1416-1- r T --_-t �xL "Yx Tom`..• �Y 1'"r I "•'� m fs Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk 6d% z O_. Q y � 00 C7: -j LJ 7 w Nkn 3 c-- t7 Ali - � Fa 0 g;til v> m n=. " L k t M Q Q CL LEVEL 8Q w A3.08 a OR U-MMGa- f MM 3rIN3Av mut, MN ........ ..... , Submitted into the public record for item(s) PZ.S on 1Q 25 18 City Clerk 0 LEVEL 9 -AMENITIES - WtfF 9 0 II w .................... y FY a OR U-MMGa- f MM 3rIN3Av mut, MN ........ ..... , Submitted into the public record for item(s) PZ.S on 1Q 25 18 City Clerk 0 LEVEL 9 -AMENITIES - WtfF 9 0 3nN3AY OLIv NN i 13 L -- - Submitted into the public record for item(s) PZ.8 on 10 Z5 18 City Clerk 11 1607 rj.• -y LEVEL 10-15 113.1 a -WWW —q. \ � s 3nN3AY OLIv NN i 13 L -- - Submitted into the public record for item(s) PZ.8 on 10 Z5 18 City Clerk 11 1607 rj.• -y LEVEL 10-15 113.1 a -WWW —q. v9 3ARRAV HIZVMN Submitted into the public record for itern(s) 97----B onX8 --s, city Clerk - L 1607 00 CL CL U. 0 0 Ir CY L6 0 VJM < . > V) Z 4 Z Z ROOF PLAN 0 A3.12 -ET - ��.� r. .r■rr_,�e�n�a •yeti LE T r- - r Y .:a2 "" _ • ANJar Y.a Lv �r r ann3nar+iir+,w r i 77 q< t i I t �• t � fr- , I i Submitted into the public record for item(s) PZ.8 on p 25 18, City Clerk • 1647 p ' � co J J j LU w fn LEVEL 16 • A3.1 f 4 s r ann3nar+iir+,w r i 77 q< t i I t �• t � fr- , I i Submitted into the public record for item(s) PZ.8 on p 25 18, City Clerk • 1647 p ' � co J J j LU w fn LEVEL 16 • A3.1 f EAST ELEVATION Submitted into the public record for itern(s) PZ.B on 10 25 IS City Clerk WEST ELEVATION 1601 U) z 0 z ¢ 0-K > 0x LUJ W L[1 m �a LLJ�n a A4.01 r J SOUTH ELEVATION 5C.9 `-.- 1607 DO z C} 4 z 7 0 w Uj J ' m� z 0 c e p:t f x �9 FF - 0 em It I z o ilk ..,.. M NORTH ELEVATION Submitted into the public nw0i A4.00 record for item(s) PZ.S on 10 Z5 1$ City Clerk r Ing 6 Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk GLASS WI ALUM4NIUM FRAME STUCCO WALL CLIMBING PLANTS ON STEEL WIRE EXTERIOR PAINT SW 7675 isw�ssi i EXTERIOR PAINT SW 7551 ENLARGED ELEVATION MATERIALS • A Submitted into the public record for itern(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 1 607 � A4.03 ............. ..... ...- . • Submitted into the public record for item(s) PZ.8 on 10/25118 City Clerk 0 GLASS Wl ALUMINIUM FRAME J I 4- I STUCCO WALL j - I ' I CLIMBING PLANTS ON STEEL WIRE *r I EXTERIOR PAINT SW 7075 EXTERIOR PAINT SW 7551 ENLARGED ELEVATION MATERIALS 1607 i c i I 0 N a TI) USyy��r J CL Z 4 W A4.04 c� Submitted into the public record for item{s} PZ.$ on TQ 25 Z$ City Clerk • EXTERIOR PAINT SW 7551 STUCCO EXTERIOR PAINT SW 7075 GLASS WI ALUMINIUM FRAME ENLARGED ELEVATION MATERIALS 16v 0 CD 3Ma��s a 0 0 D Y a O A4.o5 ,+ ll®1 EEEB�■ 1 1001M MEN! ■IEMIM ®■ ■NEON® IMEE ■EEfflEIM IMES t = 000011010 ME Submitted into the Public record for item(s) PZ.8 on 10/25/18, City Clerk 1607 z 0� 0a __ 0 W = U J ' LU m w DSECTION A -A ,� 0 N x "a� e 4_ 64r ZE r IZY PLAN 0 n x w A5.00 a _._ 49 • • 1607 Fii■i i iili��i N I IN F`ri■iiiiiii�i �:mri i ■imi®11 FiFiii■moi p �■ ■ .+■®11 ®► ■I 11111011110111 �� a FFFF17►�■I 1 ■■�®11 0►�■I ■F®■.111 0►�■I ■FI011FF111 i!■■iiiil91 ®►�■1 1 ■®F811 ifF■I■ii®�I F®►,■■1 ■F111FB11 IY■9i F®►m■ 1111011110111 F®►m■. 1111011110111 MailF®► ■1 ■F10F®11 fi iiFi®ili 0►�■I ■F1=1110111 liilllFiai■1Fi1iii�iF1■iii FFFF®►�■I ■1�F■11 !!®ii1iF■i�iiF1$li ®►s ■�F®11 Submitted into the public record for item(s) P2.8 on 10/25/18 City Clerk I . SECTION B•B a a99 � 0 .ague y KEY PLAN Q CV Ln 4 S b" Sw LD_ rn M n L r fjj rtl� 0 LU ce A5.01 I� is f. r c.. f 161T t f ' PHASE III I PHASE I o PHASE II H 0 n I Q1a - ., f• .mow 3 —1----------., v...,...,------ ----v. _ if^ i s 'E nfs � 8 u TOWERS AT BLUE LAGOON I PLANNING + ZONING LANDSCAPE SUBMITTAL exes r,na �eue*..ion s�nnRrtr ince eneeTe a � *M �rrw,n«v++m wrr.e s. n. ren.h•w.,n.«sae.,.e» L.s.e,r ca.. s•.e.. sn.s,.... ww.r.�re..r.rL.xr..r r�rewe.ee.wrv..a.. w...•�F,..., nra.r e..reav near Nn P+..s.r e.■ elw.uin� Ya..letr.e ewnM �exry1�✓�, it w.yrw L i Wa• An grri,aw.e Prnr r« Nm+..w n.e.e L• i LW.seprNw eaq.�e.el �; ,tee«....-�.am rd.e..eP.A .r e.rw.rr�er.a.n.elnr.�wrr.nw.r z i :• yypse.eeee eeop•ee.. L..e.r+p�vw n+gr.rm.eL.a.w.r,•..e.�,..naes•a i � rerr wrw �•,r....va,,. L itw uen.y w.e«sl.we. or.vso.� CHRISTOPHER CAWLEY CC ...�`..-,,., LANCI$CAPE ARCRITECTURE CLC LA -,.....p:, L0.00 Submitted into the public record for item(s) PI.8 an 10125/18 City Clerk rww r F s - ;----r— t 1607 _ { 4 as -� a •� f 11- �' LLJ ,•„nsc ni , >. 5 q a z x W W ' r C a N a H PIVAMw I E Arks-aR 51YE PLAN LE., END L.._._ . j '.:. wwa.• rurwn x. _ n. y .: 044 CHRISTOPHER CAWLEY ICC L.HOSCAPEAACHLIECTUAELLC LA RENDERED LANDSCAPE MASTER PLAN PHASES 1. 11 ♦ 10 I---ne`iirn” I „�L Submitted into the public sE. ^s. -.<° ::" : :T record for item(s) ?-Z 8 on 1025 18 City Clerk uu. T,aF i r - I+W,ieFFl P P a PHASE l PHASE I € w - �`T— � w—w w www wl... _-� .9i •( \ \ \ 1607 0'x W W 0 �J = PI rLIrvE � � L Im �sar iPil.E! i • � � � a W ww I = y 5.[E}i10.^rbR5KCE5aRECTiO. W 2. � G 1 nY W R] w PHASE IF w Uli ■ CFtgF TSFR i, P - a5 wmwo[5t FEE Euxi usf ary J t o PSL 9wEFi LLLe.U0.9vF[rtSefLFCTIpn' 01 V S FMALL ieFF • E N @ d J n ooPWsPFr.rs�LecMrary � I Pyrwrwse- .tlT—p:y:t i • . L w w 1�'�+ I - LAND9CyAPE LEGr ErtNQ", nyT� w � � .••••��• ._...n.,L— .r/w N1'L ,w�.Y is M.�.w. — . n.... P•.r wa. I ;I ♦ Lwrar.r..wr sw xownrN,�4, ,aiL J62'eL -� i± '_.Ai�a•4.i4..•� 44a CHRISTOPHER CAWLEY ICC _ LANOSCAPE ARCHITECTURE :LC LA LANDSCAPE MASTER PLAN + LANDSCAPE LEGEND �,� "'°° �• =-•- — Ll .01 Submitted into the public record for item(s) PZ.8 on 1{i Z5 18 City Clerk G Submitted into the public record for item(s) PZ.8 on 19 Z5 18 City Clerk L • 1607 wmmsrr�PuwLE yew n2 1; H d u CHRISTOPHER CAWLE'i ICC I L k — .,....� • N HAR65CAPE PLAN iir LANDSCAPE ARCHITECTURE LLC w�`'i'il--:+��e�.r�..-� ��„�� L.1.01 a IL•.lf:i�[:-Df i�.;Y:C:i IL'iea63a�L��:L:�L`:iL' �MCAPE EROPERT ure _, ..� SFO a nATyE iHEE.S wn0 5Y1M.# &OALEIKIO -Il—LL1L—LL.1L!_.L1L1 l h d" I 1607 7 e PMAiE1 - _._ ..•.� �.e THR Pon ssi'rt. Nt;•MFailoN sVAc2 xRfw z w� EWilY nCNrS UEh( S SPECT PAAW "D NOSGPE MEAS 'O ^W �_. E J ►s .74.d Jill .____._ .Ptlssl6t�e0'.nTOnEM SLtiiPTUAErMT Uj I - - 600r§, c�w5iErt5.a fEm;E§. PµyS itl J n s . ACCEM Ptlive�E s.^.��TUPP SPACE cc ■ w �m PHH9 FLOWEYGI+� rn6GR/Mi'rnoPICFL GRPYMo4WEa9 �. PALM T.FE LNEII PFgEiiRlA%1 pWC4AAT�1P:/TFeRviv --�-..-�sFGF EAI MS Ar_CfnThGE:ii"N.AYCF itl P(vOi OECYC AAEA I,, .' SITE MAP I tv't OFd *-IVF 3.M*'^: NGPS r r — � - - CAIYOSCtiP[QDWSDE7:N J: uA?n PK1�.PNEtB ANO S0.0q.^,✓J. v,IUkMM'.GWL1C5 — r4 saRAt �: I - LAr�scAPe;v :,, r I I - yy H.T.& MATCH LIME RE FR TO PHASE II SHEET L C' "A s(�ye .pF TFe c] Ja`� , Submitted into the public record for item(s) PZ.8 on 10/25118 City Clerk CHRISTOPHER CAWLEY ICC w+r. •.....w.a,.� LANG$CAPE AP'CHI TECTURE LLC L.A LANDSCAPE 'PLAN ENLARGEMENT: eaR�eu. Iwn. reaeer.,.,�r. eerie L1.02 PHASE I +PHASE II PARTIAL rree.arY.ue.eI %..Fear . ....r.•.. 0 rvArs ipA{P PALMS SITE MAP MATCH LINE - RE ER TO PHASE 11 EN:. LAR EMEND ON SAME SHEET PHASE III ENLAR EMENT Submitted into the public record for item(s) PZ -8 on 10/25/18 City Clerk MATCH LINE RE ER TP SHEET L 1607 SmFfT T�EE9 PL.VlmC euFA � - FMABT A '� W -� LAlrOOl1 U' _ 0 KS O z 0 Vu.a)SCWE &rtFERSFJ1Fr0LL, o m S M rd tit'' y �kwaw r,swm .wnFrwro � .• i I I 1 I ; ALEEP NTa Ap1M;EHT SWrrSEF 1 I ! I 4LLR5 bEVELOVr�Rt. s4Eci To HEIdBBR APYROYAL A �I G PHASE II ENLAR EMENT PARTIAL 6 �0 4 CHRISTOPHER CAWLEY {CC LANDSCAPE ARCHITECTURE LLC I LA LANDSCAPE PLAN ENLARGEMENT.',`„�,= U.03PHASE II PARTIAL + PHASE III rs.e,arsu'j r...�....,.r... OFF SRE NEIGHBORHOOD IMPROVEMENTS LEGEND Ir=Ynx'$i�i•i0•�+S; iv�i t•n°�M 4'.+4-..4Yxi �w.n. F F 1 iY#i i YILl�S6 EX1...........Ef1EXi. r,r Ma Submitted into the public record for item(s) PZ.S on 10/25118 City Clerk I 0 9 0 77 l� m CHRISTOPHER CAWLEY�CC LAHDSCA�E ARCHITECTURE LLC LA NEIGHBORHOOD IMPROVEMENT LANDSCAPE KEY PLAN ,- _ 0 L V V L2. 0 ri. f. .s r 0 9 0 0 0 0 LANDSCAPE NOTES 1=1 .r„n ..' " e�.a. "�e"i��..n.ce ...,,.,r...,, . �� ••�•msavn=mss. rr.awa...o.row�..wmra..w nm.t.v.te_saun.vm rri".” MA Eh 'wT wnw"Ae,w .a rata 4Mtltn ,t.a AlEv lwae ��r,.en...rrrr..raarn.arna �uwwh.,d ewn b, a.F �.[�aAltt¢hw��xn Ywa ...n�Y:. .",.K ..."...tom........„.,..�.....�„n...aa.�,..,.w..m __ _ "`. ioai.cw,w"�m°�`,,:wc`�"va:.,�.v"�•`..M `m"u�rw`�A�c*w:.ro �..+e TOTAL TREES PROVIDED WETS MCI EXCEEM CRY OF MAW LANDSCAPE REOuMDEfiIENTS SEE LANDSCAPE LEGEND ON SHEET I,%_07 Submitted into the public record for item(s) PZ.8 on 10125/18 City Clerk a 1607 a7Aii� ' PEDESTRIAN CROS SWAL PA. EMENT DETAIL. .�,.. ” CHRISTOPHER CAWLEY ICC LANOSC'APE ARCHITECTURE LLC LA LANDSCAPE NOTES t DETAILS '""'"" "".111I.—II..--"1.1....I L`�,�� 1n w.�.p a .I u,.ni. P ............� I ...u.o,,..e.....� r.:. a Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk 0 CHRISTOPHER CAWLEY LANDSCAPE ARCMITECTURE LLC IR LEA HARDSCAPE + AMENITIES IMAGE BOARD L4.00 0 • rrais�i-ccRmrm Submitted into the public record for item(s) PZ.8 on 10/25/1 City Clerk • f ; F r� �r { AF . N CHRISTOPHER CAWLEYIC:C LAMOSCAPE ARCHITECTURE LLC L A PLANT MATERIAL IMAGES . TREES PALMS L4.01 ....,....,.r ....a ....� Submitted into the public record for item(s) Pz.8 on IO 25 18 City Clerk. 7 V V e s � n Q wt" CHRISTOPHER CAWLEY ICC ten... ,,,,.....„.. lANDSCAP6 ARCMTECTURE LLC LA 1 n�.7G PLANT MATERIAL IMAGES: SHRUBS + GROUNOCOVERS L4.V' T —,—J— I ....•..,,.a.. ...i.,...M r Submitted into the public record for item(s) Pz.8 Exhibit " D " on 10 25 18, City Clerk INTERSECTION TRAFFIC STUDY NW 7t" Street/Slue Lagoon Drive Final Prepared For: BLUE LAGOON CONDOMINIUM ASSOCIATION Prepared Bv R.J. Behar & Company, Inc. ,July S, 20I8 • 0 L Submitted into the public record for item(s) PZ.8 on 197 Z5 18 City Clerk T ablef n o Contents fLY.#.►aa11 Il`ll1111111 EXECUTIVESUMMARY.......................................................................................................................... 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 l CONCLUSION......................................................................................................... 23 LIST OF TABLES Table 1: Vehicular Turning Movements — AM Peak Hour Data.................................................................. 9 Table 2: Vehicular Turning Movements - PM Peak Hour Data .............................................. ......... I .... I...... 9 Table 3: Vehicular Trip Generation for the 713L Project............................................................................11 Table 4: Existing Conditions (AM)........................................................................ ...........12 ......................... Table 5: Existing Conditions(PM).............................................................................................................13 Table 6: Willi Proposed Project - Access NW 7'h ST.(AM)........................................... .......13 Table 7: With Proposed Project - Access NW 7" ST. (PM) ......................... ..14 Table 8: With Proposed Project - Access NW 7" ST & NW 47h Ave.(AM)............................................14 Table 9: With Proposed Project - Access NW 7" ST & NW 47" Ave. (PM).............................................15 Table 10: 2040 Daily Traffic Projections(LRTP)......................................................................................15 Table 11: Projected 2023 Average Daily Volumes along NW 7's Street-- .............................................. 16 Table 12: Existing Volumes Projected to the Year 2023 during AM Peak Period (Vph) ..........................16 Table 13: Existing Vohunes 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 711 St. only) ..................................................................................................................................17 Table 15: Projected Volume during PM Peak Period (Vph) for the Scenario 2 (Access via NW Th St. only) .................................................................................................................................................................... 17 0 SW T'' Street,:Blue Lagoon Drive Miami -Dade Count Page ii g Y g Submitted into the public record for item(s) PZ.8 on XY15LI$ City Clerk TRAFFIC STUDY Table 16: Projected Volume during AM Peak Period (Vph) for the Scenario 3 (Access via NW 7"' St. & 4711' Ave.).................... ......................................................................................................__.............................17 Table 17: Projected Volume during PM Peak. Period (Vph) for the Scenario 3 (Access via NW 7" St. & 47"h 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 Th ST. (PM)............................................................................................................................................................19 Table 22: Existing Volumes projected to the year 2023 plus Proposed Project (Vph) - Access NW 7'" ST & NW47th Ave.(AM)......................................................................................... Table 23: Existing Volumes projected to the year 2423 plus Proposed Project (Vph) - Access NW 7`s ST & NW47"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" St. only) Ingress/Egress % Trip Distribution..,.. ............................................. - 11 Figure 5. Case 2 (NW Th St. & via 47"h Ave.) IngresslEgress % Trip Distribution.... . ........ - .................... 12 LIS"T OF APPENDICES Appendix A - Existing Conditions TMC Counts Appendix B - ITE Trip Generation Appendix C - LOS Analysis Reports SW 7"}' Street/Blue Lagoon Drive, Miami -Dade Count Pa a iii � Y g �J is Submitted into the public record for item(s) PZ.8 on 10/25/18 City Cleric Professional Engineer's Certification TRAFFIC STUDY 1, Rafael E. De Arazoza, P.E., certify that I currently hold an active Professional Engineer's License in the State of Florida and I 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 Rafael � DeRafael signed by i� Rafael E De Arazaza Arazoza 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 196" Avenue, Suite 302 Pembroke Pines, Fl 33332 Certificate of Authorization No. 00008365 isSW 7'1' Street/Blue Lagoon Drive Miami-Dade7 Page Coun Page iv v Submitted into the public record for item(s) PZ.8 on 10 25 18, City Clerk EXECUTIVE SUMMARY INTRODUCTION TRAFFIC STUDY The Blue Lagoon Condominium Association (BLCA) is concealed with regards to potential negative impacts to NW 7`h 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 71" Street to the east, 5091 NW 7th Street to the west and by the NW 713i Street to the south, The project consists of 888 apartment units and 294 hotel rooms, as show on page ALOO 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 tolfrom the proposed project is via NW Th 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 15.3, Page 27 of the Public Record of Miami -Dade County, Florida) as well as NW 7't' 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 7th Street. FINDINGSICONCLUSION Based on the analyses of the intersection of NW 7"' Street/Blue Lagoon Drive and the roadway segment of NW 7p' 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 tenns of roadway LOS and substantially increased vehicular delays, Refer to Tables 24, 25 & 26 on pages 23 & 24 for details. "' SW 7 StreetlBlue Lagoon Drive. Miami -Dade County Page 5 Submitted into the public record for item(s) %8 on 10/25/18 City Clerk TRAFFIC STUDY 0 1. INTRODUCTION The BLCA is concerned with regards to potential negative impacts to NW 7`E' 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" (713L). 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 713L project is bounded by the Blue Lagoon to the north, 4745 NW 7111 Street to the east, 5091 NW 7th Street to the west and by the NW 7th Street to the sough. 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 5th, 2018. According to the proposed rezoning plans, it appears that the only means of ingress/egress to/from the proposed project is via NW 7"' Street. 2. 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 LOS on the easement over the 7131- property BLproperty 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 7'1' 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 7th Street is a two-way, four lane undivided roadway, which runs west to east within the area of study. This roadway is fimctionally classified as Minor Arterial and has a posted speed limit of 40 SW 7°1 Street/Blue Lagoon Drive, Miami -Dade County Page b Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk IWIMA IIIIIsm I -Iffil 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"' 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 7"' Street and pedestrian crosswalks to cross north and south. An aerial map showing the location of the intersection of study is presented at Figure I and Figure 2. Figure 1. Location Map.. Source: Google maps SW 7"' Street/Blue Lagoon Drive, Miami -Dade County Page 7 0 is • Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk TRAFFIC STUDY Figure 2: Location Map. Source: Google maps 6. FIELD REVIEW AM and PM peals 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 7'h 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 7'h 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 pin), 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'h Stree(/Bkle Lagoon Drive, Mianil-Dade County Page 8 Submitted into the public record for item(s) Pu 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 Slue 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 7'h 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. 0 Table 1:. Vehicular Turning Movements — AM Peak Hour Data Peak From the North From the Fast From the South From the West Hour Right Thru Left Pais Right Right Thru Left Peds Right Thru Leta Peds Right Thru Left Peds Right Thru Left. Peds 7:45:AM 74 0 66 12 15 950 0 19 fl 0 0 2 0 1 167 24 1(i 5:34 AM Table 2: Vehicular Turning Movements - PM Peak Hour Data Peak Hour From the North From the Fast From the South Brum the West Right Thru Left Pais Right Thru Left ' Peds Right Thru Left Peds Right Thru Left Pcds 05:00 PM - 36 0 30 4 59 1235 0 16 0 0 0 4 i) 1098 761 5:45 PM SW 7,h Street/Blue Lagoon Drive, Miami -Dade County Page 9 0 rI Submitted into the public record for items) PZ.8 on 10/25/18, City Clerk TRAFFIC STUDY 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 (9'1i 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 (ITE Code 222) and Hotel (ITE Code 314) were used in the analysis. • ;-Intel (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 7" Street only. Case 2 assumes access tolfrorn NW 7'h Street and via NW 47'x' 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 Z scenarios are shown in Figures 4 and S. 0 SW 7"' StrectBlue Lagoon Drive, Miami -Dade County Page 10 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk 1111T:1'29=11111"I Table 3: Vehicular Trip Generation for the 711L Project ITE Code 1 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 Rootns: Daily formula: T = 8.92(X) LUC 310 Rooms: AM Peak -hour of adjacent street traffic formula: T= 0.7$(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 t (NW 711 Street only) ingress/ingress % Trip Distribution aac x I site a1 i ea ' x L58% 42% $5 x-« r� 11 SW 7`h Street/Blue Lagoon DrINc, %]la nil -Davie CcluntyPa a 11 0 g Daily Peak Hour of Adjacent Peak Hour of Adjacent Street Street AM Street PM Land Use Units Out Total In Out Total In Out Total (vpd) (vpd) (vpd) (vi)l1) (vph) (vph) (vph) (vph) {vph} LUC 222 liigh Rise 888 Dwelling 1706 1706 3412 66 199 265 181 115 296 ri artment Units LUC 310 Hotel 294 No. of 1312 1312 2624 116 84 200 101 105 206 rooms Total 6035 1 182 1 283 1 465 282 220 502 ITE Code 1 Formulas: LUC 222 Dwelling units (DUs): Daily formula: Ln (T) = 0.83 Ln(X) + 2.50 LUC 222 DUs: AM Peak -hour of adjacent street traffic formula: Ln (T) = 0.99 Ln(X) —1.14 LUC 222 DUs: PM Peak -hour of adjacent street traffic formula: (T) = 0.32(X) + 12.30 LUC 310 number of Rootns: Daily formula: T = 8.92(X) LUC 310 Rooms: AM Peak -hour of adjacent street traffic formula: T= 0.7$(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 t (NW 711 Street only) ingress/ingress % Trip Distribution aac x I site a1 i ea ' x L58% 42% $5 x-« r� 11 SW 7`h Street/Blue Lagoon DrINc, %]la nil -Davie CcluntyPa a 11 0 g L C, • Submitted into the public record for item(s) PL8 on 19115L1.8 18 City Clerk TRAFFIC STUDY Figure 5: Case 2 (`AN' 7's Street & via 471' Avenue) Ingress/Egress % Trip Distribution. 3 9, OPERATIONAL ANALYSIS Intersection LCIS 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 7131- Project and assumes that all the ingress/egress vehicular traffic will be via the NW 7th Street/Blue Lagoon Drive intersection. The Third Scenario assumes that vehicles going to or from the 7131- Project will utilize either the NW 7,h 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 7131- Project) Table 4: Existing Conditions (AM) Existing Conditions AM Peat: Hour • awe - `' Fill �rdsr i:- I'lN LOS WW 7`h Street & Blue Lagoon Chive EB Left 79.7 � B site L� 20% E NW ?=r Street • 217E 2176 .. . y P � , Fra _ 55% 25% € . SB Approach 56.8 E 9, OPERATIONAL ANALYSIS Intersection LCIS 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 7131- Project and assumes that all the ingress/egress vehicular traffic will be via the NW 7th Street/Blue Lagoon Drive intersection. The Third Scenario assumes that vehicles going to or from the 7131- Project will utilize either the NW 7,h 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 7131- Project) Table 4: Existing Conditions (AM) Existing Conditions AM Peat: Hour Intersection MvvetnentlApproach Delay (See/veli) LOS WW 7`h Street & Blue Lagoon Chive EB Left 79.7 E EB Thru 14.7 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-o B SW 7`i' StrectlBlue Lagoon Drive, Miami -Dade County Mage 12 Submitted into the public record for item(s) PZ.8 on IQLZS 18 City Clerk TRAFFIC STUDY From Table 4, it can be seen that the eastbound left turns From NW 7"' 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 Intersection Movement/Approach Delay (sec/reh) LOS IVW 7," Street & Blue Lagoon Drive EB Left 95.4 F EB Thru 10.1 B EB Approach 17.2 B WB Thru & Right 25.7 C WB Approach 25.7 C SB Left 42.2 D SB A2proach 42.2 D Intersection 22.5 C The eastbound left turns from NW 7'J' 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 5: With Proposed Project - Access NW 7th Street (AM) With Proposed Project Access NW 7'" Street AM Peak Hour Intersection Movement/Approach Delay (see/veh) LOS NW 7" Street & Blue Lagoon Drive FB Lett 114.7 F EB Thru 9.8 A EB Approach 22.1 C WB Thru & Right 22A C WB Approach 22.4 C SB Left 2149 F A roach 210.9 Fintersection F 52.9 D SW T' Street/Blue Lagoon Drive, Miami -Dade County Page a 13 0 Submitted into the public record for item(s) PZ.8 on 10/25/1 City Clerk TRAFFIC STUDY Frorn Table 6, it can be seen that the eastbound left turns from NW 7"' Street to Blue Lagoon Drive and the southbound movements from Blue 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 7=r' Street PM Peak Hour Intersection Movement/Approach Delay (sec/veh) LDS NW 7th St & Blue Lagoon EB Left 373.7 F LB Thru 9.3 A LB 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 isTable 7 demonstrates that the eastbound left turns from NW 71h 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 P'roject's generated vehicular volumes with access via NW 7"' Street and NW 47'x` Avenue. Table 8: With Proposed Project - Access NW 7`h Street & NW 4Th Avenue (AM) With Proposed Project Access NW 7"1 Street & NW 47" Avenue AM Peak Hour Intersection Movement/Approach Delay LOS seelveh EB Left 114.2 F NW 7" EB Thru 9.8 A EB Approach 22.1 C Street & WB Thni & Right 21.8 C Blue Lagoon WB Approach 21.8 C Drive SB Left 136.3 F SB Approach 136.3 F Intersection 38.7 D SW 7"' Street/Blue I -m oon Drive, Miami -Dade County Page 14 �. _ l; Submitted into the public record for items) PZ.8 on ZO 2s Z8 City Clerk TRAFFIC STUDY From 'fable 8, 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. These delays are significantly higher when compared with those under existing conditions without the 7BL Project's generated traffic. 'Fable 9: With Proposed Project - Access NW 7''' Street & NW 47"' :avenue (PM) With Proposed Project Access NW 71h Street & NW 47" Avenue PM Peak Hour Intersection Movement/Approach Delay (seclveh) LOS v d 1B Left 355.7 F EB Thru 9.3 A NW 7u' EB Approach 84.6 F Street & Blue WB Thru & Right 27.4 C Lagoon Drive 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 711' 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 7"' 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"' Street (within the study area) for the year 2010 and 2040 are shown in the table 10 below. Table 10: 2040 Daily Traffic Projections (LRTP).. Year NW 7" Street Units 2010 25730 v d 2040 45470 v d 1 (L25-7-30) 470se Grow Rate = = 1.019 SW 7" Street/Blue Lagoon Drive, Miami -Dade County Page 15 �J Submitted into the public record for item(s) px,g on ZO Z5 1g City Clerk TRAFFIC STUDY According to the Miami -Dade LRTP, it can be seen that the traffic volume along NW 7`I' Street is expected to increase. It was calculated that NW 7`I' 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 1 I provides the projected average daily traffic along NW 7`I' 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 NW 7" 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 From the North From tate East From the South From the West Front the North Front the East From the South Front the West Hour Right Thru Left Peds Right Thru Left Peds - Right Thru Left Peds Right I Thru Left Peds 7.45 AM - PM 36 0 30 4 8:30AM 74 0 66 12 15 954 0 19 0 0 0 2 f} 1167 24 10 (2018) (2010). 7:45 AM - 05:00 8:30 AM 81 0 73 13 16 1044 0 21 0 0 0 2 0 1282 26 11 2023 40 0 33 4 Table 13: Existing Volumes Projected to the Year 2023 during. PM Peak Period (Vph). Pcak Hour From the North From tate East From the South From the West Right 'i'hru I Left Peds RI&I 'i'hru Left Peds Right Thru Left Peds Right Thru left Peds 05:00 PM 36 0 30 4 59 1235 0 16 0 0 {} 4 0 1098 70 1 5:45 PM (2010). 05:00 PM 40 0 33 4 6 1357 0 18 0 0 0 4 0 1206 83 € 5:45 PM 2023 The following Tables 14 through 17 include the existing volumes projected to the year 2023 plus the 7BL Project's generated volumes. 0 SW 7111 5trect/Blue Lagoon Drive, Miami -Dade C"puntY Page e 16 Submitted into the public record for item(s) pz.s on 10 25 18 City Clerk TRAFFIC STUDY Fable 14: Projected Volume during AN] Peak Period (!'ph) for the Scenario 2 (Access via NW Th St. only) 0 Peak flour From the !Porth From the East Front the South From the West ]tight Thru _Left Peds Right Thru Left Peds Right Thru Left Peds Right Thru Left I Peds 7:45 AM - 8:30AM 74 0 66 12 15 950 0 19 0 0 0 2 0 1 167 24 10 (2018) 36 fl 30 �# 59 1.235 0 16 fl 0 U 4 0 1167 24 10 7:45AM - 8:30 AM 319 0 258 13 113 1044 0 21 0 0 0 2 0 1282 150 11 2023 204 U ]55 4 2501 1357 0180004 1 21 1 0 1 0 1 0 1 2 0 1282 150 11 Table 15: Projected Volume during; PM Peak Period (Vph) for the Scenario 2 (Access via NW Th St. only) Peak flour 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 I Thru I Left Peds 05:00 PM - 5:45 PM 2018 36 fl 30 �# 59 1.235 0 16 fl 0 U 4 0 1167 24 10 PM - 5:45 PM =71,015:00 2023 204 U ]55 4 2501 1357 0180004 1 21 1 0 1 0 1 0 1 2 0 1282 150 11 Table 16. Projected Volume during AM Peak Period (Vph) for the Scenario 3 (Access via VW 7'" St. & 47"' 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 Lett 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 10441 0 1 21 1 0 1 0 1 0 1 2 0 1282 150 11 Table 17: Projected Volume during PM Peak Period (Vph) for the Scenario 3 (Access via NW 7111 St. & 4711 Ave.) Peak flour From the ;Borth From the Cast 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 ?6 1 05:00 PM - 5:45 PM 2023 204 1 0 1 109 4 194_t 1357 0 18 0 0 1 0 4 0 1206 315 1 I I.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 4D Submitted into the public record for item(s) PI.8 on 10/25/18, City Clerk TRAFFIC STUDY year 2023. The Second Scenario includes the vehicular volumes generated by the 713L Project tnd assumes that all the ingress/egress vehicular traffic will be via the NW 7"' Street/Blue Lagoon Drive intersection. The Third Scenario assumes that vehicles going to or from the 7BL Project will utilize either the NW 7`h Street/Blue Lagoon Drive intersection or via NW 47`x' Avenue east of the 7BL Project. A summary of the LOS analyses for each scenario is shown in tables below. Scenariol: Projected year 2023 Existing Conditions (without the 7BL Project's traffic) Table 1$; Projected year 2023 Volumes (Vph) (AM) Pro'ected year 2423 Conditions AM Intersection Movement/Approach Delay LOS (seclveh ) NW 7'h Street & Blue Lagoon Drive EB Left 80.5 F EB Thai 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) (Phi) PJected 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 1213 Approach 18.1 B WB Thru & Right 28.2 C WB Approach 28.2 C SB Left 44.6 D SLB Approach 44.6 D Intersection 24.2 C From Tables 18 and 19, it can be seen that the eastbound left turns from NW 7"k' 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 lrlovelnents and the intersection experienced longer delays. 0 SW 7"' Strect+'Blue Lagoon Drive Miami-Dadc County � Page 18 �. � g Submitted into the public record for items) FZ.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 7`l' 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 7" Street AM Peak Hour Intersection Movement/Approach Delay (seclveh) LOS NW Th Street & Blue Lagoon Drive EB Left 149.7 F EB Thru 10.4 B EB Ap roach 28.2 C WB Thru & Right 24.0 C WB A proach 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 711i 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. 0 Table 21: Existing Volumes projected to the year 2023 plus Proposed Project (Vph)—Access NW 71" Street. (PM) Projected year 2023 With Proposed Project Access NW 7"' PM Peak Hour Street Intersection Movement/Approach Delay (seclveh) LOS NW 7th St & Blue Lagoon EB Left 631.1 F EB Thni 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"' 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`t' Street/Blue Lagoon Drive, Miami -Dade County Page a 19 0 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 (`fables 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 7.BL Project's generated vehicular volumes with access via. NW 7'l' Street as well as tolfroln NW 7`i' Street and NW 47th Avenue. Table 22: Existing Volumes projected to the year 2023 plus Proposed Project (Vph) - Access NW 7` Street & NW 47`h Ave. (ANI) Projected year 2023 With Proposed Project Access NW 7'h Street & NW 471 Ave. AM Peak Hour Intersection Movement/Approach Delay (seclvel7) LOS EB Left 149.1 F EB Thru 10.5 B NW 7't' EB Approach 28.2 C Street & WB Thru & Right 233 C Blue Lagoon Drive WB Approach 23.3 C SB Left 323.3 F F SB Ap2roach 323.3 F Intersection 79.4 E Table 22 demonstrates 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, 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 7'4 Street & NW 47`h Ave. (Ph1) Projected ,year 2023 'tr'Vith Proposed Project Access NW 7"' Street & NW 47" Avenue PM Peak Hour Intersection Movement/Approach Delay (seclveh) LOS EB Left 629.0 F EB Thru 9.8 +' 1 EB Approach 169.5 F NW St WThru & Right 32.3 B ( & Blue Lagoon WB Approach 32.3 C SB Left 122.1 F S13 Approach 122.1 F Intersection 101.2 F 0 SW 7" Street/Blue Lagoon Drive, Miami -Dade Count Page 20 g y Submitted into the public recond for item(s) PZ.8 on 10 Z5 18 City Clerk TRAFFIC STUDY Table 23 demonstrates the eastbound left turns from NW 7°' Street to Flue 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 201$ MOT Generalized LOS/Capacity tables. Calculations for this analysis are show below. �1 SW 7"' Street/Blue Lagoon Drive, Miami -Dade County Page 21 0 L_J 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 Th Street, west of NW 42"a 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) 1) = 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 (40%) and Multi -lane undivided with exclusive left -tum lanes (-5%) Adjusted AADT LOS LOS D (4div) = 2 8, 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) = 2155 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 LIDS as reflected by the intersection LOS analyses. SW 7"' Street/Blue Lauoon Drive, Miami -Dade CO[111tV Page 22 Submitted into the public record for item(s) PZ.8 on 10 25 18 City Clerk TRAFFIC STUDY i z. FI N DINGS/CONCLUSION Based on the analyses of the intersection of NW 7"' Street/Blue Lagoon Drive and the roadway segment of NW 7"' 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. Table 24: Vehicular Traffic Volumes Comparison. VEHICULAR TRAFFIC VOLUMES AM Peak Hour Access via NW 7th St. With 7BL Existing Project Veh per Veh per Hour Hour Impact Blue SB Lagoon Dr. approach 140 4�3 202.1%) AM Peak Hour Access via NW 7th St. & NW 47 Ave. With 7BL Existing Project Veh per Veh per Hour Hour Impact 140 1 364 1 160.0% VEHICULAR TRAFFIC VOLUMES PM Peak Hour Access via NW 711 St. - With 7BL Existing Project Veh per Veh per Hour Hour Impact Blue SB I.apoon Dr. approach 66 296 333.3% PNI Peak Hour Access via NW T° St. & NW 47`h Ave. With 7BL Existing; Project Veh per Veh per Hour Hour Int tact 66 1 240 263.6% Table 25. Vehicular Delay Comparison. VEHICULAR DELAY AM Peak Hour Access via NW 711 St. With 7BL Existing Project Seconds per Seconds per Veh Veh Imnact Blue Lagoon SB Drive auoroach 56.8 210.9 271.3% AM Peak Hour Access via NW 7'11 St. & NW 47'h Ave. With 7BL Existing 'Project Seconds per Seconds per Veh Veh Ion act 56.8 1 136.3 1 140.0% • • SW Ti Street/Blue Lagoon Drive, Miami -Dade County Page 23 do • Submitted into the public record for item{s} PZ.8 on 10/25/18 City Clerk VEHICULAR DF.LA1' PNI Peak [four Access via `VW 7" St. With 7BL Existing Project Seconds per Seconds per Veh Veh IniT),10 Blue Lagoon SB Drive approach 42.2 107.4 155.7% TRAFFIC STUDY l"M Peak Hour Access via NW 7" St. & NW 47'x' Ave. With 7BL Existing Project Seconds per Seconds per Impact Veh Veh I m pact 42.2 74.3 76.1% Table 26: Level of Service Comparison. LEVEL OF SERVICE: LOS AM Peak Hour Access via NW 7" St. With 7BL Existing Project LOS LOS impact Blue Lagoon S11 Drive approach E F E TO F ANE Peak Hour Access via NW 7" St. & NW 47" Ave. With 7BL Existing Project LOS LOS Impact E F E TO F LEVEL OF SERVICE LOS PNI Peak Hour Access via NW 7" St. With 7BL Existing Project LOS LOS Impact Blue Lagoon Sl3 Drive approach D F D -I -OF PM Peak Hour Access via NW T" St. & NW 47'11 Ave. With 7BL Existing Project Seconds per Veh LOS Impact D E DTOE 0 SW 7"' Street/Blue Lagoon Drive, Miami -Dade Count . Page 24 � Y 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 Drive and N'VV 7th Street Tuesday, June 19, 2018 Submitted into the public record for items) PZ -8 on 10/25/18 City Clerk File Name : TMC Data Site Code :00000013 Start ©ate : 6/19/2018 Page No : 1 08:00 AM 22 Southbound 14 5 Westbound 0 209 Northbound 7 2160 Eastbound 0 0 Start Time Rit>I Thn1Left reeds .M •,. Rht� Thru Left Peds Tor R, ' hu Thr Leff Peds Tad Right-1Thru 0 Left Peds Tema rM Tow 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 01 0 289 8 1 298 577 Total 93 8 61 2 164 68 702 0 4 774 0 0 0 0 01 0 1029 22 1 10521 1990 08:00 AM 22 0 14 5 41 0 209 0 7 2160 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 08:45 AM 24 0 19 0 43 1 216 0 0 217 _0 0 0 0 0 0 282 6 2 290 550 Total 76 0 69 10 155 9 936 0 17 962 0 0 0 2 2 0 1160 22 11 1193 2312 "` BREAK "' 04:00 PM 10 0 12 2 24 15 306 0 1 322 0 0 0 0 0 0 245 13 1 259 605 04:15 PM 10 0 11 0 21 12 329 0 7 348 0 0 0 0 0 0 272 15 0 287 656 04:30 PM 14 0 5 3 22 5 285 0 2 292 0 0 0 1 1 0 283 9 0 292 607 04:45 PITA 8 0 4 3 15 9 296 0 6 311 0 0 0_ 0 0 0 294 18 1 313 639 Total 42 0 32 8 82 41 1216 0 16 1273 0 0 0 1 1 0 1094 55 2 1151 2507 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 26 0 302 660 05:45 PM 11 0 10 0 21 9 346 0 2 357 0 0 0 1 1 0 284 19 0 303 682 Total 36 0 30 d 70 59 1235 0 16 1310 0 0 0 4 4 0 1098 76 1 1175 2559 Grand Total 247 8 192 24 471 177 4089 0 53 4319 0 0 0 7 7 0 4381 175 15 4571 9368 Apprch % 52.4 1.7 40:B 5.1 4.1 94.7 0 1.2 0 0 0 100 0 95.8 3.8 0.3 Total o% 2.6 0.1 2 0.3 5 1.9 43,6 0 0.6 4611 0 0 0 0.1 0.1 0 46.8 1.9 0.2 48.8 Unshifted 247 8 192 22 469 177 4054 4347 % Unshitted 100 100 100 9.1.7 99.6 100 99.1 0 84.9 99 0 0 0 71.4 71.4 0 99.2 100 80 99.2 99.1 Bank 1 0 0 0 2 2 0 35 0 8 43 0 0 0 2 2 0 34 0 3 37 84 % Bank 1 0 0 0 8.3 0.4 0 0.9 0 15.1 1 0 0 0 28.6 28.6 0 0.8 0 20 0,8 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 Cade :00000013 Start Date : 6119/2018 Page No '2 Peak Hour Analysis Prom UI:UU AM to 11:4b AM - PeaK 1 t71 1 Southbound Westbound Northbound Eastbound J Start Peds 0 C � 0 1 0 0 Peak Hour for Entire Intersection Begins at 07:45 AM ion m5 �vA Ir M Time Right Thru Lett Peds ron rnr Right Thru LettPeds nrn r�,x Right 7hni Left Peds Fm ,ar Right Thru Lett Reds 0 Peak Hour Analysis Prom UI:UU AM to 11:4b AM - PeaK 1 t71 1 CV�4�S l+ F N Left J Ri ht Peds 0 C � 0 1 0 0 Peak Hour for Entire Intersection Begins at 07:45 AM ion m5 �vA Ir M a. N � 0 w c 1 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 7 322 430 Total Volume 74 0 66 12 152 15 950 0 19 984 0 0 0 2 2 0 1167 24 10 1201 2339 % Total 48.7 0 43.4 7.9 1.5 96.5 0 1.9 0 0 0 100 0 97.2 2 0.8 PHI .841 .000 .825 .600 A27 .536 .913 .000 .679 .908 .000 .0.00 .000 .500 .5001 00.0 .941 .750 .357 .932 1 .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 .N V CV�4�S l+ F N Left J Ri ht Peds 0 C � 0 1 0 0 I 1 ion m5 �vA Ir M a. Out In Total 30 150 189 Righ` Thru Peak Hour Data North Peak Hour Begins at 07:45 A unshifted Bank 1 -gi T l+ Left Thru Ri ht Peds 0 0 0 1 0 0 0 1 ion m5 N � 0 w c 1 _ -2 00 1n Total -gi L C, O r ion m5 N � a w c C • • Submitted into the public record for item(s) PZ.8 R.J. Behar & Company, lnC. on 10/25118 City Clerk 6869 SW 196 Avenue, Suite 302 Pembroke Pines, Fi 33332 Engineers - Planners Blue Lagoon Drive and NW 7th Street File Name : TMC Data Tuesday, June 19, 2018 Site Code :00000013 Start Date : 611912018 Page No :3 . Total 51 A 0 42.9 5.7 4.5 94.3 0 1.2 ❑ 0 0 100 0 93.4 6.5 0.1 PHF .750 .000 .750 .5❑0 .833 .738 .892 .000 .571 .917 .000 .000 .❑0❑ .506 ,500 1 .000 .967 .731 .2 .969 .938 Unshifted 36 0 30 4 70 59 1227 1089 % Unshined 100 0 100 100 100 100 99.4 0 68.8 99.0 0 0 0 75:0 75.0 0 99,2 100 140 99.2 99.1 Bank 1 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 0 313 1.0 0 0 0 25.0 25.0 0 0,8 0 0 0.8 0.9 • �N�O itl1 fes+ f4C� � N J 4—� Southbound r� Westbound 2��y n Northbound M Eastbound 00 Start Right 9 ThrU (_eft Peds uv �� Ri ht 9 ThnI t.eR Peds Asa rear _ R hl i9 Thru t_eft Ped8 A. rvr Right 9 Thtru Left Peds Ana tQ++ int lalsl _ TlfTle I _ Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 05700 PM 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 26 0 302 660 05:45 PM 11 0 10 0 21 9 346 0 2 357 0 0 0 1 1 0 284 19 0 303 682 Talal Volume 36 0 30 4 70 59 1236 0 16 1310 0 0 0 4 4 0 1098 76 1 1175 2559 . Total 51 A 0 42.9 5.7 4.5 94.3 0 1.2 ❑ 0 0 100 0 93.4 6.5 0.1 PHF .750 .000 .750 .5❑0 .833 .738 .892 .000 .571 .917 .000 .000 .❑0❑ .506 ,500 1 .000 .967 .731 .2 .969 .938 Unshifted 36 0 30 4 70 59 1227 1089 % Unshined 100 0 100 100 100 100 99.4 0 68.8 99.0 0 0 0 75:0 75.0 0 99,2 100 140 99.2 99.1 Bank 1 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 0 313 1.0 0 0 0 25.0 25.0 0 0,8 0 0 0.8 0.9 • �N�O itl1 fes+ f4C� � N J 4—� O r� C _ 2��y n M -4 00 r Qw r— �o OL e OL 0 Out In Total 135 70 F 205 ❑ 1 GI I of Peak Hour Data Northr Peak Hour Begins at 05:00 P Unshifted Bank *-] T i-* Left Thru Right Peds 1 01 0❑ 3 0 0 0 1 0 01 01 4 0 1 1 4 Out In Total 4—� y N. 2��y -4 r J�l w r— Submitted into the public record for item(s) Pt.8 on 10 25 1S City Clerk Appendix B ITE Trip Generation Tables J J • • • Submitted into the public record far item(s) pZ.s High -Rise Apartment on IC} 25 1$ City clerk (222) Average Vehicle Trip Ends vs: Dwelling Units on a: Weekday Number of Studies: 9 Avg. Number of Dwelling Units: 435 ❑irectional Distribution: 50% entering, 50% exiting Trip Generation per Dwelling Unit I�^ Average Rate Range of Rates Standard Deviation 4.217 MO - 6,45 � 2.32 nota Plot and Eauation I 4,000 w a. 1— M 2,000 rn k- 5,000 0 X X ........ x....x........ .... ;.-... 100 200 300 400 500 600 X = Number of Dwelling Units X Aclual Data Points Fltted Carve Fitted Curve Equation: Ln(T) = 0.83 Ln(X) + 2.50 700 1300 900 -- Average Rate R2 = 0.82 1 i I 1000 Trip Generation, 9th Edition a 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 am. Number of Studies: 17 Avg. Number of Dwelling Units: 420 Directional Distribution: 25% entering, 75% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.30 0.18 0.47 0.55 Data Plot and Equation 400 300 C Lu Ll. t1� C7 t 200 Q7 t4� 7 100 0 0 100 200 300 400 500 600 700 800 900 1000 1100 X {Number of Dwelling Units X Actual Bata Points - Fitted Curve -`---- Average hate Fitted Curve 'Equation: Ln(T) i 0.99 Ln(X) - 1.14 R2 = 0.88 375 Trip Generation, 9th Edition ■ Institute of Transportation Engineers -- E .. x x x x x x : : 5 x. x :x 0 0 100 200 300 400 500 600 700 800 900 1000 1100 X {Number of Dwelling Units X Actual Bata Points - Fitted Curve -`---- Average hate Fitted Curve 'Equation: Ln(T) i 0.99 Ln(X) - 1.14 R2 = 0.88 375 Trip Generation, 9th Edition ■ Institute of Transportation Engineers -- E r rI • Submitted into the public record for item(s) PZ.8 High -Rise Apartment on 10 75 18 City Clerk (222) 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: 51 %+entering, 39% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0,35 0.23 - 0.50 0.59 Data Plot and Equation 400 - 300 a`) 100 - 01 C ------ --......,.. X x _..... ..... .. ..... .... ..... X X x 100 200 360 400 500 E60 X = Number of Dwelling Units X Aclual Data Points __ Fitted Curve Fitted Curve Equation: T = 0.32(71) + 12.30 700 800 900 10.10 1100 ------ Average Rale R2 = 17.92 Tdp Generation, 9th Edition a Institute of Transportation Engineers 377 Submitted into the public record for item(s) PZ.8 Hate on 10 2S 18 City Clerk (31 D) Average Vehicle Trip Ends vs: Occupied. Rooms On a: Weekday Number of Studies: 4 Average Number of Occupied Roams: 216 Directional Distribution: 50% entering, 50% exiting Trip Generation per Occupied Room Average Rate Range of Rates $.92 4.14 - 11.44 Data Plot and Siandard Deviation k.aurron - use t.arerurry - Oman 0awfiry 01ca 4,000 —;-- - X 3,000 : _ _ . ..... ................ . X D 1— —1--� 110 t20 130 140 150 150 170 180 190 200 210 220 230 240 250 260 270 284 X = Number of Occupied Roams X Actual Dala Points Fitted Curve Equation: Not given 604 Trip Generation, 9th Edition 9 hlstitute of fransportation Criglneers ------ Average Rale R2 _ ,.A. Submitted into the public record for item(s) PZ.8 Hotel on 10/25/18 City Clerk (3 10) Average Vehicle Trip Ends vs: Occupied Rooms On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 17 Average Number of Occupied Roams: 256 Directional Distribution: 58% entering, 42% exiting Trip Generation per Occupied Room Average Rate Range of Rates Standard Deviation - - 0.67 0.35 _ 1.10 0.84 Data Plot and Equation acl 400 1 " 100-1-- 7 0-[--- 100 200 300 X = Number of Occupied Rooms X Actual Data Points Pitted Curve Fitted Curve Equation; T = 0.78(X)- 29.80 400 --- Average Rate R2 = 0.69 500 1 Trip Generation, 9th Edition • Institute of Transportation Engineers 605 Submitted into the public record for item(s) PZ -8 Hotel on 1D 25 18 City Clerk X31©} 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 "rip Generation per F_ Average Rate 0.70 Occupied Room Data Plot and hquation 540 -,'-- — - Range of Rates Standard Deviation 0.25 - 1.11 _ 0.87 - - X X00 ... ............ .. - ............ . w X "X X a v, :X X m 204 Q X X 104 ......... . X:'`? .. --. ---- X X x x 4 100 200 300 400 5co X = Number of Occupied Rooms X Actual Data Paints - --,--- Average Rate Fitted Curve Equation: Not Given RZ = "" 606 Trip Generation, 5th Edition • Institute of Transportation Engineers • is 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 10125/11.8 City Clerk Existinu Conditions AM Page 1 Lane Group EBL EBT WBT WBR SBL SBR Lane Configurations TT 0 V 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 (prot) 1770 3539 3525 0 1691 0 Flt Permitted 0.950 0.977 Satd. Flow (perm) 1770 3539 3525 0 1691 0 Right Tum 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 OA 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 12 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 Existing Conditions AM 6119{2018 Baseline Synchro 9 Report Page 1 Submitted into the public record for itern(s) P2.$ on 10 Z5 18 City Clerk Existing Conditions AM 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 (%) 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 LeadfLag 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 gfC Ratio 0.10 0.74 0.61 0.22 vlc 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 Area Type: Other Cycle Length: 188 Actuated Cycle Length: 186 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum We Ratio: 0.50 Intersection Signal Delay: 19.0 Intersection LOS: B Intersection Capacity Utilization 135.8% ICU Level of Service N Analysis Period (min) 15 Existing Conditions AM 611912018 Baseline Synchs 9 Report 0 Page 2 Submitted into the public record for item(s) PZ.B on 19 z5 Y8 City Clerk With Proposed Project Access NW 7Th St. (AM) Page 1 Lane Group EBL EBT WBT WBR SBL SBR Lane Configurations 'f Tf 0 y 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 12 0.95 0.95 0.95 1.00 1.00 Fri: 0.978 0.923 Flt Protected 0.950 0,979 Said. 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(q) 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 i Posibon(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 12 2 3 Permitted Phases Detector Phase 1 12 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 • L` • 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 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 (air) 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 Made None None None Walk Time (s) 22.0 Flash Dont Walk (s) 11.0 Pedestrian Calfs (#rhr) 0 Act Effct Green (s) 20.5 139.4 114.4 40.0 Actuated g1C Ratio 0.11 0,75 0.61 021 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 ]nurse ion gummary. Area Type: Other Cycle Length: 188 Actuated Cycle Length: 186.4 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum vle Ratio: 1.32 Intersection Signal Delay: 52.9 Intersection LOS: D Intersection Capacity Utilization 143.5% ICU Level of Service H Analysis Period (min) 15 and Phases: 3: With Proposed Project Access NW 7Th St. (AM) 6/2712018 Baseline Synchro 9 Report is Page 2 With Proposed Project Access NW 7th St. and NW 47 Ave. (AM) 512712018 Baseline Synchro 9 Report Page 1 is 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 Pa e 1 4--- 4 ",. r 0 -,# --.w Lane Group EBL EBT WBT WBR SBL SBR Lane Configurations Vi ft ft, y 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 Flt Protected 0.950 0.983 5atd. Flow (prat) 1770 3539 3486 0 1668 0 At Permitted 0.950 0.983 Satd. 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 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 C+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 12 2 3 Permitted Phases Detector Phase 1 12 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) 512712018 Baseline Synchro 9 Report Page 1 is 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 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 Calls (#/hr) 0 Act Effct Green (s) 20.5 139.0 114.0 40.0 Actuated 91C 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 lnfi~rsection Summary Area Type: Other 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 LOS: D Intersection Capacity Utilization 143.5% ICU Level of Service H Analysis Period (min) 15 With Proposed Project Access NW 7th St. and NW 47 Ave. (AM) 6127/2018 Baseline Synchro 9 Report 0 Page 2 Submitted into the public record for items) PZ.8 on 10/25/1 , City Clerk PM Existing Conditions Page 1 Lane Group EBL EBT WBT WBR SBL SBR Lane Configurations 'i TT ¢A y 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 Util. Factor I.00 0.95 0.95 0.95 1.00 100 Frt 0.992 0.926 Flt 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 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 U 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 Prat Protected Phases 1 12 2 3 Permitted Phases Detector Phase 1 12 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 PM Existing Conditions 4:00 pm 611912018 Baseline Synchro 9 Report Page 1 0 • • Intersection Summary Y� ._ e 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 LOS: C Intersection Capacity Utilization 135.8% ICU Level of Service H Analysis Period (min) 15 Splits and Phases: 3: Page 2 PM Existing Conditions 4:00 pm 6/1912018 Baseline Synchro 9 Report 0 Page 2 Submitted into the public record for item(s) PZ.8 on 10/25/18 City Clerk PM Existing Conditions 'A �, �- 4 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 (%) 12.2% 641% 23.7% Maximum Green (s) 18.5 116A 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 Meade 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 gfC Ratio 0.10 0.74 0,61 0.21 vlc 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 Y� ._ e 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 LOS: C Intersection Capacity Utilization 135.8% ICU Level of Service H Analysis Period (min) 15 Splits and Phases: 3: Page 2 PM Existing Conditions 4:00 pm 6/1912018 Baseline Synchro 9 Report 0 Page 2 Submitted into the public record for item(s) Pt.8 on 10 25 18 City Clerk With Proposed Project Access NW7th St. (PM) Page 1 0 Lane Group EBL EBT WBT WBR SBL SBR Lane Configurations '4 ?7 tt. 'r' Traffic Volume (vph) 232 1098 1235 185 122 164 Future Volume (vph) 232 1098 1235 185 122 164 Ideal Flow (vphpl) 1900 1990 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 Said. 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) OA 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 12 2 3 Permitted Phases Detector Phase 1 12 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 With Proposed Project Access NW7th St. (PM) 6127/2018 Baseline Synchro 9 Report Page 1 • Submitted into the public record for item(s) PZ.8 on 10125/18 City Clerk its and Phases: 3; With Proposed Project Access NW7th St. (PM) 6/2712018 Baseline Synchro 9 Report 0 Page 2 With Proposed Project Access NW7th St. (PM) Page 2 Lane Group EBL EBT WBT WBR SBL SBR ^44.5 Minimum Split (s) 22.5 120.5 Total Split (s) 22.5 120.5 44.5 Total Split (%) 12.0% 64.3% 23-7% Maximum Green (s) 20.0 116.0 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 Walls Time (s) 22.0 Flash Dont Walk (s) 11,0 Pedestrian Calls (#!hr) 0 Act Effct Green (s) 20.0 139.7 115.2 40,0 Actuated gIC Ratio 0.11 0.75 0.62 0.21 vlc Ratio 1.68 0.43 0.77 0,99 Control Delay 373.7 9.3 28.6 107.9 Queue delay 0.0 0,0 0.0 0.0 Total Delay 373.7 9.3 28.6 107.9 LOS F A C F Approach Delay 89.2 28.6 107.9 Approach LOS F C F Area Type: Other Cycle Length:187.5 Actuated Cycle Length: 186.7 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum vdc Ratio: 1.68 Intersection Signal Delay: 62.6 Intersection LOS: E Intersection Capacity Utilization 154.2% ICU Level of Service 14 Analysis Period (min)15 its and Phases: 3; With Proposed Project Access NW7th St. (PM) 6/2712018 Baseline Synchro 9 Report 0 Page 2 Submitted into the public record for item(s) PZ -8 an 1p 25 1$ City Clerk With Proposed Project Access NW 7th St. and NW 47 Ave. (PM) Page 1 1# � k- y*/ 40 Lane Group EBL EST WBT> WBR SBL SBR Lane Configurations +T fl y 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 Litil. Factor 1.00 0.95 0.95 0.95 1.00 1.00 Frt 0.983 0.908 Flt 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 Satd, 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 Ling 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) OA 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 12 2 3 Permitted Phases Detector Phase 1 12 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 612712018 Baseline Synchro 9 Report Page 1 0 Submitted into the public record for item(s) PI.8 on 10/25/18 City Clerk and Phases: 3: With Proposed Project Access NW 7th St. and NW 47 Ave, (PM) 12:00 pm 6127/2018 Baseline Synchro 9 Report 0 Page 2 With Proposed Project Access NW 7th St. and NW 47 Ave. (PM) Page 2 *-- 1 ' / 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) 2A 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 30 3.0 Recall Mode None None None Walk Time (s) 22.0 Flash Dont Walk (s) 11.0 Pedestrian Calls (#1hr) 0 Act Effct Green (s) 20.5 140.1 115.1 40.0 Actuated g1C Ratio 0.11 0.75 O.62 0.21 v1c Ratio 1.64 0.43 0.73 0.81 Control Delay 355.7 9.3 27.4 74.3 Queue Delay 0.0 0.0 0.0 0.0 Total Delay 355.7 9.3 27.4 74.3 LOS F A C E Approach Delay 84.6 27.4 74.3 Approach LOS F C E Area Type: Other 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 LDS: E Intersection Capacity Utilization 154.2% ICU Level of Service H Analysis Period (min) 15 and Phases: 3: With Proposed Project Access NW 7th St. and NW 47 Ave, (PM) 12:00 pm 6127/2018 Baseline Synchro 9 Report 0 Page 2 Submitted into the public record for item(s) PZ.B on 10/25/18, City Clerk Projected year 2023 Existing Conditions AM Page 1 Lane_Group EBL EBT WBT WBR SBL SBR Lane Configurations Vi 4T ?1+ y 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 1960 Lane Util. Factor 1.00 0.95 A95 0.95 1.00 1.00 Frt 0:996 0.930 At 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 Tum 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 Posifion(ft) 0 0 0 0 Detector 1 Size(ft) 20 6 6 20 Detector 1 Type CI+Ex CI+Ex CI+€x 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 U 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 12 2 3 Permitted Phases Detector Phase 1 12 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 Projected year 2023 Existing Conditions AM 6119/2018 Baseline Synchro 9 Report Page 1 Submitted into the public record for item(s) PZ.8 on 10 Z5 18 City Clerk Projected year 2023 Existing Conditions AM Page 2 Lane Group EBL EBT WBT WBR SBL SBR Minimum Split (s) 22,5 124.5 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 10 Recall Mode None None None Walk Time (s) 22.0 Flash pont Walk (s) 11.0 Pedestrian Calls (91hr) 0 Act Effct Green (s) 18.5 137.4 114.4 40.0 Actuated g/C Ratio 0.10 0.74 0.61 0.21 v1c Ratio 0.20 0.52 0.54 0.48 Control Delay 80.5 11.3 22.0 59.7 Queue Delay 0.0 0.0 0.0 0.0 Total Delay 80.5 11.3 22.0 59.7 LOS F B C E Approach Delay 13.1 22.0 59.7 Approach LOS B C E Intersection Summary Area Type: Other Cycle Length: 188 Actuated Cycle Length: 186.4 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum v1c Ratio: 0.54 Intersection Signal Delay: 20.0 Intersection LOS: B Intersection Capacity Utilization 135.8% ICU Level of Service H Analysis Period (min) 15 its and Phases: 3: Projected year 2023 Existing Conditions AM 611912018 Baseline Synchro 9 Report is Page 2 Submitted into the public record for itern(s) PZ.$ on IQ 25 Li8 City Clerk Projected year 2023 With Proposed Project Access NW 7Th St. (AM). Page 1 t t -. Lane Group EBI. EBT WBT WBR SBL SBR Lane Configurations Vi 4T TA 'r' Traffic Volume (vph) 150 1282 1044 113 258 319 Future Volume (vph) 150 1282 1044 113 258 319 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 0.977 0.925 Flt Protected 0.950 0.978 Satd. Flow (prot) 1770 3539 3458 0 1685 0 Flt Permitted 0.950 0.978 Satd. Flow (perm) 1770 3539 3458 0 1685 0 Right Turn on Red Yes Yes Satd. Flow (RTOR) 21 31 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) 200 1364 1147 209 307 389 Shared Lane Traffic (%) Lane Group Flow (vph) 200 1364 1356 0 696 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 12 2 3 Permitted Phases Detector Phase 1 12 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 Projected year 2023 With Proposed Project Access NW 7Th St. (AM) 6/2712018 Baseline Synchro 9 Report Page 1 lits and Phases: 3: Projected year 2023 With Proposed Project Access NW 7Th St. (AM) 612712018 Baseline Synchro 9 Report 0 Page 2 Submitted into the public record for items) P2,8 on 10 Z5 18, City Clerk Projected year 2023 With ProLosed Project Access [MVV 7Th St. (AM) Pa ece22 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 Calls (#!hr) 0 Act Effct Green (s) 20.5 139.8 114.8 40.0 Actuated gIC Ratio 0.11 0.75 0.61 0.21 v1c 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 vlc Ratio: 1.81 Intersection Signal Delay: 100.2 Intersection LOS: F Intersection Capacity Utilization 154.7% ICU Level of Service H Analysis Period (min) 15 lits and Phases: 3: Projected year 2023 With Proposed Project Access NW 7Th St. (AM) 612712018 Baseline Synchro 9 Report 0 Page 2 Submitted into the public record for item(s) PZ.8 on 10125/18, City Clerk Projected year 2023 With Proposed Project Access NW 7Th St. and NW 47 Ave. AM Page 1 A� \10� 4 Lane Group EBL. EBT WBT WBR SBL SSR Lane Configurations 'i T! T1" 'r" Trak Volume (vph) 150 1282 1044 77 199 319 Future Volume (vph) 150 1282 1044 77 199 319 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 0.983 0.916 Flt Protected 0.950 0.981 Satd. Flow (pot) 1770 3539 3479 0 1674 0 Flt Permitted 0.950 0.981 Satd. Flow (perm) 1770 3539 3479 0 1674 0 Right Turn on Red Yes Yes Satd. Flow (RTOR) 13 40 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) 200 1364 1147 143 237 389 Shared Lane Traffic (%) Lane Group Flow (vph) 200 1364 1290 0 626 0 Eater 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(it) 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 12 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 NW 7Th St. and NW 47 Ave. (AM) 612712018 Baseline Synchro 9 Report Pagel Submitted into the public record for item(s) PZ.B on 10/25/18 City Clerk Projected year 2023 With Proposed Project Access NW 7Th St. and NW 47 Ave. (AM) Page 2 Lane Group EBL EBT WBT WBR 58L SBR Minimum Split (s) 22.5 120.5 44.5 Total Split (s) 23.0 120.5 44.5 Total Split {%} 12.2°I° 64A% 23.7°/0 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 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 Galls (#/hr) 6 Act Ettct Green (s) 20,5 139.4 114.4 40,0 Actuated g1C Ratio Q.11 0.75 0.61 6.21 vIc Ratio 1.03 0.52 0.60 1.61 Control Delay 1491 10.5 23.3 323.3 Queue Delay 0.0 0.0 0.0 0.0 Total Delay 149.1 30.5 23.3 323.3 LOS F B C F Reproach Belay 28.2 23.3 323.3 Approach LOS C C F Intersection Sumrn-ary;. Area Type: Other Cycle Length: 188 Actuated Cycle Length: 185.4 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum v!c Ratio: 1.61 Intersection Signal Delay, 79.4 Intersection LOS: E Intersection Capacity Utilization 154.2°I° ICU Level of Service H Analysis Period (min) 15 Splits and Phases: 3: Projected year 2023 With Proposed Project Access NW 7Th St. and NW 47 Ave. (AM) 612712018 Baseline Synchro 9 Report 0 Page 2 Projected year 2023 With Proposed Project Access NW 7Th St. and NW 47 Ave. (AM) 612712018 Baseline Synchro 9 Report 0 Page 2 Submitted into the public record for item(s) P2.8 on 10/25/18 City Clerk Projected year 2023 Existing Conditions (PM) } � � 4 � r Page 1 Lane Croup EBL EBT WBT WBR SBL SBR Lane Configurations 't TT 0 M 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 Util. Factor 1.00 0.95 0.95 0.95 1.00 1.00 Frt 0.992 0.926 At 'Protected 0.950 0.978 Satd. Flow (prct) 1770 3539 3511 0 16187 0 At 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) 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 Leff 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 10D 20 Trailing Detector (ft) 0 0 0 0 Detector i 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 C1+Lx Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 Turn Type Prot. NA NA Prot Protected Phases 1 12 2 3 Permitted Phases Detector Phase 1 12 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 Projected year 2023 Existing Conditions (PM) 4:00 pm 6/1912018 Baseline Synchro 9 Report Page 1 L Submitted into the public record for item(s) LZ -.8 on 1025 18 City Clerk Projected year 2023 Existing Conditions (PM) 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 (%) 12.2% 64.1°10 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 (#Ihr) 0 Act Effct Green (s) 18.5 138.2 115.2 40.0 Actuated g1C Ratio 0.10 0.74 0.62 0.21 vlc Ratio 0.65 0.48 0.75 0.25 Control Delay 99.5 1 D.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 Intersecdon Summary Area Type: Other Cycle Length: 188 Actuated Cycle Length: 187.2 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum v1c Ratio: 0.75 Intersection Signal Delay: 24.2 Intersection LOS: C Intersection Capacity Utilization 135.8% ICU Level of Service H Analysis Period (min) 15 and Phases: 3: Projected year 2023 Existing Conditions (PM) 4:00 pm 6/19/2018 Baseline Synchro 9 Report 0 Page 2 Submitted into the public record for item(s) PZ.8 on 10125118, City Clerk Projected year 2023 With Pro used Project Access NW7th St. PM Pae 1 t ~ Z \,,. 0 --i 4/ Lane Group EBL EBT WBT WBR SBL. SBR Lane Configurations `f +4 +1a y Traffic Volurne (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 on 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 3.0 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 Blacked Intersection No No No No No No Lane Alignment Left Left Left Right Left Right Median Width(ft) 12 12 12 Link {7ffset(ft) 0 0 0 Crosswalk Width(ft) 16 16 16 Two way Left Tum Lane Yes Headway Factor 1.170 1.00 1.04 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 U 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 12 2 3 Permitted Phases Detector Phase 1 12 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 Projected year 2023 With Proposed Project Access NW7th St. (PM) 6127/2018 Baseline Synchro 9 Report Page 1 is 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) 22.5 120.5 44.5 Total Split (s) 22.5 120.5 44.5 Total Split (%) 12.0% 64.3% 23.7% Maximum Green (s) 20.0 116.0 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 LeadUg 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 Donk Walk (s) 11.0 Pedestrian Catls (#Ihr) 0 Act Effct Green (s) 20.0 140.5 116.0 40.0 Actuated g/C Ratio 0.11 0.75 4.62 0.21 v1c Ratio 2.30 0.47 0.87 1.25 Control Delay 631.1 9.8 34.9 184.0 Queue Delay 0.0 0,0 0.0 0.0 Total Delay 631.1 9.8 34.9 184.0 LOS F A C F Approach Delay 170.0 34.9 184.0 Approach LOS F C F intersection Summary' Area Type: Other Cycle Length: 187.5 Actuated Cycle Length: 187.5 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum v1C Ratio: 2.30 Intersection Signal Delay: 109.0 Intersection LOS: F Intersection Capacity Utilization 156.6% ICU Level of Service H Analysis Period (min)15 and Phases: 3: Projected year 2023 With Proposed Project Access NW7th St. (PM) 612712018 Baseline Synchro 9 Report 0 Page 2 Projected year 2023 With Proposed Project Access NW7th St. and NW 42 Ave. (PM) 8!2712018 Baseline Synchro 9 Report Page 1 is 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 Page 1 Lane Group EBL EBT WBT WBR SBL SBR Lane Configurations V TT tT. y Traffic Volume (vph) 315 1206 1357 194 109 204 Future Volume (vph) 315 1206 1357 194 109 204 Ideal Flaw (vphpl) 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 0,95 0.95 0.95 1.00 1.00 Frt 0.978 0.912 Flt Protected 0.950 0.983 Satd. Flow (prof) 1770 3539 3461 0 1670 0 Flt Permitted 0.950 0,983 Satd. Flow (perm) 1770 3539 3461 0 1670 0 Right Turn on Red Yes Yes Satd. Flow (RTQR) 19 46 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 262 145 272 Shared Lane Traffic (%) Lane Group Flow (vph) 432 1243 1787 0 417 0 Enter Blocked Intersection No No No No No No Lane Alignment Lefl 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 Posltlon(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 Ct+Ex GI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 Turn Type Prot NA NA Prot Protected Phases 1 12 2 3 Permitted Phases Detector Phase 1 12 2 3 Switch Phase Minimum Initial (s) 18.0 114.0 40.0 Projected year 2023 With Proposed Project Access NW7th St. and NW 42 Ave. (PM) 8!2712018 Baseline Synchro 9 Report Page 1 is Submitted into the public record for item(s) P7.8 on 10 25 18 City Clerk Projected year 2023 With Proposed Project Access NW7th St. and NW 42 Ave. (PM) Page 2 -4. t d Lane Group EBL EBT WBT WBR SBL SBR Minimum Split (s) 22.5 120.5 44.5 Total Split (s) 22.5 120.5 44.5 Total Split (%) 12.0% 64.3% 233% Maximum Green (s) 20.0 116.0 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 (#/hr) 0 Act Effct Green (s) 20.0 140.1 115.6 40.0 Actuated gfC Ratio 0,11 0,75 0.62 0.21 v1c Ratio 2.30 0.47 0.83 1 A6 Control Delay 629.0 9.8 32.3 122.1 Queue Delay 0.0 0.0 0.0 0.0 Total Delay 629.0 9.8 32.3 1221 LOS F A C F Approach Delay 169.5 32.3 122.1 Approach LDS F C F lw"rf summary Area Type: Other Cycle Length: 187.5 Actuated Cycle Length: 187.1 Natural Cycle: 190 Control Type: Semi Act-Uncoord Maximum v/c Raga: 2.30 Intersection Signal Delay: 101.2 Intersection LOS: F Intersection Capacity Utilization 156.6% ICU Level of Service H Analysis Period (min) 15 its and Phases: 3: Projected year 2023 With Proposed Project Access NW7th St. and NW 42 Ave. (PM) 6127/2018 Baseline Synchro 9 Report 0 Page 2 Submitted into the public record fpr item{s} PZ -0 on 1t] 25 18 City Clerk Exhibit '110 t' 3734 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT" K- AND FOR DADE COUNTY, FLORIDA ; BLUE LAGOON AIRPORT CLUB - APARTMENT, a Florida general GENERAL JURISDICTION DIVISION partnership and JOSE MILTON as managing general partner CASE NO.97-400975 CA 15 , 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. RECORDED �YOV 2 1 W _ 1 v& r CauRi 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 8K 17877PG1987- 11 C • i Submitted into the public record for itern(s) PZ.g on 1Q Z5 1$, City Clerk a 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, 1497 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. 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 retumed 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 inunction. OFF REG 8K 17877PG1988 ig Submitted into the public record for item(s) PZ.8 on 1D 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 l ? day of November, 1997. Circuit Court Judge cc: Robert P. Frankel, Esq. Bernard S. Mandler, Esq. 3 CFF REC 8H 17877PGI989 G l- U nnr•w r.lt IID • • :7 C7 • 612M7p16 Exhibit ll" Miami -Dade Official Records - Print Document Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk .wc25 �r364 868289744 Iffe 12999PS 326 DEC). ARAT I ON THIS DECLARATION OF EASEMENT executed this 18th dry of August, 1986, by INTERCONTINENTAL INVE€3TMENT HANKERS, INC., a Florida corporation thereinafter referred to an "GRANTOR")p WHEREAS, GRANTOR is the record fee simple title owner of the two parcels of regi property dwarribed upon Exhibits "A" and "B" attached hereto and m*de a part hereerfl and WHEREAS, simultaneously with the execution hsreo#. GRANTOR is executing A mortgage in favor of FLORIDA NATIONAL BANK, a National banking association, to secure a note in the orlg;nal principal sum of ei,6DU,p4D-pp, and encumbwring the real property dwseribed upon Exhibit "A'" ("THE MORTGA13ED PROPERTY"1i and WHEREAS, THE MORTGAGED PROPERTY, described upon Exhibit "A," doer not abut or Its contiquaus to any public road Or street but is cantiquous and Adjocwnt to, on Its Easterly boundary, the real property deacrlbed upon Emhlbit "&" ("THE 6[RVIENT PROPERTY")l and WHEREAS, in ordwr to provide for, and to incurs unto, the said FLORIDA NATIGNAL BANK thereinafter referred to as "GRANTEE" 1 , ■ right of access to and from T14E MORTGAGED PROPERTY, in the event said pRANTEE or its successors or assigns should acquirer title thereto by virtue of the foreclosure of its mortgage, or by dewd in lieu thereof) and WHEREAS, GRANTEE would not maks nor -disburse the proceed■ of its oforeaaid Ioan without the sxscutIon and recordation of this Dec I ar ati on of Easement l NOW, THEREFORE, in consiosrrtion Oi th. far eq Dino, and other good and valuable consideration, the receipt and sufficiency thereof is hereby acknowledged by GRANTOR, Mr4ANTOR DDK8 HEREBY grant, bargain, sell, declare and reserve unto .aid GRANTEE, and GRANTEE'R successors and Assigns, tncludin91 but not limited to, any purchaser at a foreclosure sale of THE MOR70AGED PROPERTY resulting from a foreclosure of I /1 + https:lbyww2miami-dadecleek.ccml"ic-recordslPrirADOcument.aspx?QS=YaoUFOzxry3MRCvprh6POIPFHE9lQH%2igLyxEJh10Jtsjgv7ORkHhuUm2rdN_ 116 5124i2016 Submitted into the public record for item(s) PZ.8 on 10125/18, City Clerk Mami-Dade Official Records - Print Doc( -hent 2P. 12999?0 327 GRANTEE'S mortgage, a temporary non-exclusive easwmwnt for tha Purpomw a+ pedw,tria.n and vehicular ingress and agream and for installation and maintenance of public utilties, whethor Underground, surface Ievwl or mbovw surface Isvel, and for all e=ther lawful purposesa in and upon, over, across, undwr and above a 40 foot %trip of land lying within THE 'BERVIET47 PROPERTY tdsmcribed upon EMhibit "lay^ attached hwrwtm). which 40 foot *trip of land runs Northerly from N.W. 7th Street* and than Northwesterly and Westerly to where it abut■ THE MORTGAGED PROPERTY tdoemeibad_.upon Exhibit "A" attached hmrstol, said 4Q foot strip of land being more particularly describstl as foltowas That part of Tract No, 2 of PLAT OF THAT PORTION OF THE SOUTHEAST 1f4 of BiECTION 31, TOWNSHIP rS3 ®OUTH, RANGE 41 EAST, LYING eOUTH AND SOUTHEART OF TAMIAMI CANAL* according to the Plat thereof, recorded In Plat Dock 28, at Page 10, of the Public Recordis of Dade County, Florida, and dwwcribed as folltrwat Commence at thm Concrete Monument eat in the pavemant of Northwest 7th Btreat at the Bouthwawt Gornwr of amid Section 311 thanca run North 01- 38' "d C1" East alonq the East line of wain Bwction 31, the some being the East line of said Tract 2 and also the zoned Cwnterlins of Northwest 47th Avenue for a dlstanc a of 40.02 feet l thence latest *lung a line being 40.00 foot North of and parallel with the South lin& of said Baction 31 for a distance o+ 1134.00 +met to the Point of Uaginning of a 40 foot strip of land lying equally and 20 foot on wach wide of the following dascr i teed centerline (shortening or axtendkng the wide thereof so as tb create a eontinumus strip of lmnd)l thence run North O1- 3B' 30" East for a diatmmcm of 219.83 feet to A Point of Curve to the left$ thence Northerly and Wmatwrly along the arc o+ said Curve, tieing concavw to the Southwest* having ■ radius of 30T6wt and a central angle of 91^ 3B' 30" for an arc distance o+ 79.97 feet to a point of tangsncyl thence run Wast for a distance of 326.46 €est to a point of intersection with the East boundary of THE MORTBABED PROPERTY, said point bring t6no termination of maid center tin=. GRANTOR. does further agree am fellowat 1- The rarcitalm haraina,bove Contained are trues and Correct. 2. The moommont hereby granted shall became permanent and shall be an sawomsnt appurtenant to THE MORTGAGED PROPERTY, and shall run perpetually with the land upon THE BERUlENT PROPERTY, upon the GRANTEE, its successors and asaignm, becoming the owner of THE MORTGAGED PROPERTY, whether by foreclosure or by dead in 2 htlwitwww2.mlami-dadecEerk.corntpublic-recorWPrioti7acumneN.aspx?QS=YaaUfOzxry3MRCvprhGMIPFHE910H h2fgl.tjxl.JhIWlsjgv7ORkHhuUm2ndVV M • • • 11 &+2412016 Submitted into the public record for itern(s) PZ.B on 10/25/18, City Clerk M iami-Dade 0ftidal Records - Print document R Ec. 12999PG 328 7iwu thereof, cr otherwise. Upon the was%mwnt becoming perma- nent am afprssaid, that GRANTEE shall have the right to grant to a third party (much as a utility company, fires department, police dwpavtmont or any other governmental dspartmrnt) a non-oxclumivw easement for the purpop.w of pedestrian and vehicular ingress and wgresa;and underground, on ground or above ground, a non-exclu- slvs easement for utility Installation and mmintwnancs. upon, over, undesr, across or above any portion of the above-described 40 foot wasemwnt area. 3. Upon sstisfaction and discharge of record, by an appropriate satisfaction of mortgage inatrumwnt, of the GRANTEE'S mortgage wncumbwring THE MDRTGAGED PROPERTY, the wasement heroin and hereby granted and declared shall be doomed to have born terminated and cancelled. 4. The oRANTOA agrees that so long ■s this wassmwnt is in effwct, not to place any structurss or lmprovemwnts of any kind in or upon or over the 44 foot easement area as described heroin. M. In the event that the sasement hereby granted and declared shall brooms fully operatives, in the manner as aforw- %aid, GRANTEE, its successors and mesigns. including any purchaser at m foreclosure sale of the GRANTEE'S mortgage, shall have that right to remove any obstruction which may now or here- of for lie or be within the 40 foot waswmwnt area dwscr i %3wd herein. 6. The previ of ona of thi w Dwcl ar ati on of Easement %hal 1 be binding upon the GRANTOR ansa its successors and aswi%ns and shall be a covenant running with and binding upon THE BERVIENT PROPERTY. IN WITNESS WHEREOF, the t3RANT'OR.l7as caused this Declaration 3 httpsJMnxw2-miami -dadederk.comlpublic-recordslPrintD ocunentaspx?QS=YaDUf0zxry3MRCvprhGPQlPEhE91QH%ZgLtxEJhlQltsjgv70RkHhuUm2ndVV 1`6 6/24/2016 Submitted into the public record for item(s) PZ -8 on 1[] 25 18, City Clerk Miami -[lade Official Records - Print Document �99C 329 of Ewriement to be omecutad the day arxd year #trot above Written. Signori, ooalwd and dalivwred ......""°"•„•,,,., In the proeenco of, GRANTORm .oANT VANr I NTERcoNT INENTAL I NvEST1"llf?4to r q,A'� ,•~�'� •'� r ,BANKERS, INC. at4. w i N C*ro 1 Weiea, Praeid rl t�k671,}` r ESTATE OF FLORIDA 1 reel COUNTY OF DADE 1 The foregoing instrument wati acknowledged baforw me thin 19th day of AugLxwt, [996, by Caroline Wwiae, an Prwaident Of INTERCONTINENTAL INVESTMENT BANKERS, INC. a Florida corporation, on boria3f of the eorpo t}O Note/ -y Pub? } St%t rte at Larg VIM J19TARV Nuns [s %golf or 11,110 My Cpmmi est on EK l re■ s 'a, ■, C3nalr.s!ch L.P- ” 'I• opvncu SNP4 Gi NIPAL "I. ortdr https'1,Www2.miami-darfeclerk.comlpublic-reeprdslPrirriDocumant.aspx?Q3=YacUtpzxry3MRCvprh6POiPFHE91f]H %2fgLt xEJh10.1tSigV7ORkHhuUm2ndVV... 416 • L' • &2412016 Submitted into the public record for item(s) PZ.8 on 1Q Z5 18, City Clerk Miami -Dade Official Records - Print Document '911: 1 2999?s 330 Attachad to end being part of Declaration of Eaeement dated Auguat 16F 1486, executed by INTERCONTINENTAL- INVESTMENT i3ANKERS, INC., a Florida corporation LFCAL DESCRIPTION That Part )f Tract No. 2 of "PLAT OF THAT PORTION OF THE SOUTHEAST t/4 OF SECTION 31, TOWNS11IP 53 SOUTH, RANGE 41 EAST, LYIW', SOUTH AND SOUTIOEAST OF THE TAMIAMi CANAL," according to the 'Flat thereof, as ret;orded in Plat Book 29, at Pag•. 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 01038'30" E along the East Line of said Section 31, the same line being th-e Fast 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 tine of said Section 31, For a distance of 1510.63 Feet; thence N 01038'30" 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 S93.67 Feet to a paint; 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 -o£ - way line of TAMIAI•11 CANAL as plattod; thence Northeast- erly along the arc of said curve to the left, being con- cave to the Northwest and having a radius of 139S.0S feet and a central angle of 293S6141." for an arc distance of 71-9.11 feet to a point of intersection with a line 1510.63 Feet Wast of and parallel with the East line of said Tract No. 2; thence 5 01039130" W for a distance of 601.61 feet to the Paint or Beginning. EXHIBIT "A"' hdWfNvww2.rniami-dadeolerk.comfpublic-recordsrPrintDocument.aspxSS-YaoUfOzxry3MRCvprh6PO1PFHE91QH%2fgLljxEJNO.ltsjgv7ORkHhuUm2tdVV... 56 612412016 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk Miami -Dade ©[ficial Records- Prirrt Document W. 12999C'331 Atts�had to and being part of Oaclaration of EASOmant dated August Ie, 1966, executed by INTERCONTINENTAL INVESTMENT BANKERS, INC., a Florida Corporation That Dart of Tract D•No.2 of -PLAT OF THAT PQATION OF This SCLlTH'EAST 1/4 OF SECT 1 ON 3L, TOWNSHIP 53 MOUTH. kANGE Al EAST. LYING SOUTH ARID 6;ILJTHEABT OF TAMLAMI CANAL. ■ccardinQ to the plat thureaf as rocordwd in Plat Bank 28 at Page 10 of the Public Records of i]ada County, F'iortda; Lying and hearing in the City o4 Miami. Dads County, Florida. Commence at the Concrete Monument eat in the pavement 04 Northwest 7th Street at the Bauthsrrt cornen of said Section 311 thanes run W.01 39'30"E. &Iona thea East line 0.4 said Section 31. the same line being the least line of said Tract Nd.2 and also that zoned centarlina of Nor^thwout 47th Avenue far a distance of 40.02 4astl thence WART al ono a 1 ire being 40 feet North 04 and poral 1 el with the South line of said auction 31 for 1114.00 feat to the ParNT o BEGINNING of tho partul of land haretnaftar describadl thence continue WEST along the last described line for 130.00 feetl thence N.01 39'30117- paral i rl 041 th the east line of said Section 31 f :�r %45. 10 4 afat'l thence WE8`T for 1 b0. 00 # eat t thenen N.01 36 ' 30"E. # or 100 fart) t-fvunce WEST 106.63 feet; thence N.01 39'30•'£. 40- 601.61 fest to a polest on a circular curvy, said paint hear% S.47 55'12"11. fore, the Center 04 ttie following described curvet thence NORTHV-ASTERLY along the art o4 said cur -a, doing concave to the Northwest, having a radius of 1395.08 *fact and ■ central anglar of 00 13'53" fc)r an arc distance of 5.64 feet to ■ paint of tangsncyl thence N.41 50'55"E. for ,06.21 feet t4 a Point eaf cur'vel thence Nortnaat:ter'lY-Sput#1sr1v alono the arc of said curve to the richt. tclnp Cancavw t❑ the 9t7uthwast and having a radius 04 50.00 feat and a central Anglo of S41 34'05" for an arc distance of 123.6: frotl thonce 5.03 30'00"W. for 396.21 fret to ■ Point of fiurver theist■ aouthnwa.wrly-He3rthraeterly along the arc of amid curve to the Is -Ft, Delna Concave to tine No)rtheaot and having a radius of 45.0: fta= ano a central ancly of 160 16'10' *or an arc of stance) Of 15.67 *wntl :henCR MOUTH for 247.27 fret) thence EAST for 154,92 feet; thence B. 01 36'3011W. for 245.10 feat to this Point 04 Beginning. hI +fiat Dart of Tract Nm..2 of PLOT OF THAT PORTION OF THE SOrJ7reEAST 1,14 OP 9EC;7ION 31, TDNNISHI P 53 SOUTH, RANGE 41 EAST. LYING SOUTH AND SOA THEA5T OF TAHIAMI CANAL. atTcor4ing Co the Dlot thewaof an recorded in Plat book 20 at lupe 10 of tea Pt,141 t t Aeeordw of Dads County, F1 Dry da; lying and being ectoFota ," rnr.eut +coot+. erose Florida, being in the Ci i* bf aft rei . Dade County, g ears Of o%D fomto reF."or. aeoro .ee�neo oarticularly dewcribee3 as fbllo.+st eSCIL&gYp P. IiRilz�sa co�-Nncw at the Conerate noon a.arit rat in the Pavomorit of chert C111LU11 com Ffcr,thwtet 7th- Street at thw Bcuthrrnt corner of said Sroti on 311 thence blEST along the Savtn 1)na of said section 31 for 1114.00 Cart$ thanct t4.01 39.30'E. parallel with tr)w East ltnr of said Sae-tiou 31 for 285.2z- feet to the point of beyinninq of the P+rtes- of Sand nwrotnafter describedl thento 1.'. -ST Darallrl with the South 11nw Of raid Suction 31 for 174.42 fret! thence NOATH for 242.27 fest ko the 1ptwrsaet'.cn 8.66 with the arc of a cyrcuiar curva. said poant hears 46'10'0.. from the• centre of in. foIIc"Inq eurver thence UOILRT'F-MASTEF+ v along -no arc of sato curve. being sn Coneavw to the NDrtt-.r.rat. ha..cna a radium of 45 feat an%F . 4F central anglr.of 14 43'39' for on arc diutance of 11.57 fest g!X to a point of rwyrrwe cu --op Rh -cm NORTi:SAST"LY aloha the arc of said curYe being Conca.+o to the SCVthwaut. haying a L7 radius of 190 #art and i cantrrl angkw of 6a Q1r'27• for an `' • rn art chi ats-ce of feet to a ova nt of coraaunct Furval ;y a, thence F.J4ST$i7t.Y^SOfJTI-M/tLV aiang the arc of a4tp e:urvw, trwinu s a3 r^ concave to the c ithr..st, haying w radius SA #out (nd a, q contrat anglw of98 37'11' for an Art_ dist.wnra of 06.37 fart - 0 to a point of tsngerritYl thence 8.194 32'49"E, far !,'.14_,19. fast to a print of curve a4 circutsr curve to the lw#ti th.nCo +'• rn SOVTKERLV-1EA9TESNLY al wsq tiNe are of said curvoo. boring r_ontr•.r -. to the r4crrthwasi. haemo; a radius of 45 4"t and a central angle of 73 2M;- fear Ain 41%tarrcw of 37.417 foot to a point of t ■ngencyl thence 8.77' 59' S7 aIE. fair 63." fent to a point of Curve o•f w circular curve to tha left; 'Ahwnce FA3TVF1..Y+. NURTHCASTEPILY, along the arc of said rvrv'. beln+g' conca-a 'La the Nmrth. haying is radius 04 33 fwwt and a emir; •ang1we or "'+t 1)0" for on dist ante *4 32.L2 feet? thencr 9.40 A -A' L-l"J'c. along ■ tine radial to the lost described curve 4 -as 31..22 f art t thence EAST for 110-58 i wort a thrnr-a ZD41TH for 142.17 loot $ the -cu WF.BT f c- 3115.n3 feet to the nei nt of bsosnn t np . EXIIJBIT "B" tiMps:llwww2.miami-dadeclerk.cornipublic-recordslPrintDocumerit-aspx7QS=YaoUfOzxry3MRCvprhSPOIPFHE910H%2FgLtjxEJhlUJtsjgv7ORkHhuUm2rx1W... 616