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01-13-2009 A~e City of n.ventura Loa} Pl~l1l1inJr ~w Susan Gottlieb, Mayor City M~rJJl,r Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond T eri Holzberg Billy Joel Michael Stern Luz Urbaez Weinberg City Clerk Teresa M. Soroka, MMC City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske LOCALPL~GAGENCY AGENDA JANUARY 13, 2009 - 6 PM Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: November 6, 2008 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 6 "EFFECTIVE DATE" FROM JANUARY 1,2009 TO APRIL 1,2009 OF ORDINANCE NO. 2008-08 ADOPTED ON APRIL 8, 2008, WHICH ORDINANCE ESTABLISHED A TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN THE CITY OF A VENTURA; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ADOPTING A TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND AMENDING THE CITY OF A VENTURA COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT, THE INFRASTRUCTURE ELEMENT, THE CAPITAL IMPROVEMENTS ELEMENT, THE INTERGOVERNMENTAL CO- ORDINATION ELEMENT AND THE CONSERVATION & COASTAL MANAGEMENT ELEMENT OF THE CITY OF A VENTURA COMPREHENSIVE PLAN TO IMPLEMENT THE CITY OF A VENTURA TEN- YEAR WATER SUPPLY FACIILTIES WORK PLAN REQUIRED PURSUANT TO CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be inattendance. A~ City of nventiJra - MINUTES LOCAL PLANNING AGENCY MEETING NOVEMBER 6, 2008 6 PM Government Center 19200 W. Country Club Drive Aventura. Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:01 p.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Mr. & Mrs. Stuart Wagner. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the January 8, 2008 LPA Hearing was offered by Vice Mayor Joel, seconded by Commissioner Auerbach, and unanimously passed. 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENTS ELEMENT TO ADOPT BY REFERENCE THE CITY OF AVENTURA 2008/09-2012/13 CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolpin noted the availability of a sign-in sheet for parties interested in receiving further information regarding this matter. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. A motion to recommend approval was offered by Commissioner Diamond, and seconded by Commissioner Weinberg. The motion passed unanimously. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31- 239 OF THE CITY'S LAND DEVELOPMENT REGULATIONS ENTITLED "COMPLIANCE WITH COMPREHENSIVE PLAN" TO ADD LEVEL OF SERVICE STANDARDS FOR EDUCATION AS SECTION 31-239 (f)(8); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Ms. Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. A motion to recommend approval was offered by Commissioner Holzberg, and seconded by Commissioner Stern. The motion passed unanimously. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, the meeting adjourned. Teresa M. Soroka, MMC, City Clerk Approved by the LPA on 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission BY: Eric M. Soroka, ICM City Manager Joanne Carr, AICP f\ /;'13 Community Development irect~ . FROM: DATE: December 10, 2008 SUBJECT: Amended effective date of Ordinance No. 2008-08, an Ordinance to Adopt a Transportation Mitigation Impact Fee and Schedule of Fees for Development Activity to support mobility within the City of Aventura (01-IF-09) January 13, 2009 Local Planning Agency Agenda Item LJ4>A 1st Reading January 13, 2009 City Commission Meeting Agenda Item 1.4\' 2nd Reading February 3, 2009 City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission amend the effective date of Ordinance No. 2008-08 from January 1, 2009 to April 1 , 2009. THE REQUEST City staff is requesting adoption of an ordinance to amend the effective date of Ordinance No. 2008-08 from January 1, 2009 to April 1 , 2009. BACKGROUND On April 8, 2008, the City Commission adopted Ordinance No. 2008-08 which enacted an transportation mitigation impact fee and schedule of fees for development activity to support mobility within the City of Aventura. The Ordinance is attached as Exhibit #1 to this report. Due to the economic slowdown at the time of adoption of the Ordinance and to allow developers in our City to plan for this new impact fee, the effective date was set for January 1, 2009. Interested parties requested that the City review economic conditions prior to the proposed effective date. There has been no significant improvement in the economy to date and staff therefore recommends a three month extension of the effective date from January 1, 2009 to April 1, 2009. All other provisions of the Ordinance will remain the same. ORDINANCE NO. 2008-08 AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRA TION", ARTICLE IV "FINANCE", DIVISION 5 "IMPACT FEES", TO CREATE SECTION 2-302 "TRANSPORTATION MITIGATION IMPACT FEE"; ESTABLISHING A TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF TRANSPORTATION IMPACTS BY NEW DEVELOPMENT; PROVIDING FOR TRANSPORTATION MITIGATION IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF A TRANSPORTATION MITIGATION IMPACT FEE FUND; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 163.31801, Florida Statutes, entitled the "Florida Impact Fee Act", the Florida Legislature found that impact fees are an important source of revenue for a local government to use in funding the infrastructure necessitated by new growth; and WHEREAS, pursuant to Section 163.3177, Florida Statutes, the Legislature enacted a transportation concurrency law which provides that public transportation facilities and services needed to support development shall be available concurrent with the impacts of development; and WHEREAS, the Legislature recognized that there are areas where construction of new or expanded roadways is not possible; and WHEREAS, pursuant to Section 163.3180, Florida Statutes, local governments may exempt an area from transportation concurrency (a "Transportation Concurrency Exception Area") if the proposed development is 1) otherwise consistent with the local Comprehensive Plan, 2) a project that promotes public transportation or is within an area designated for urban infill development; and 3) the local govemment has adopted into its Comprehensive Plan strategies to support and fund mobility within the designated exception area; and EXHIBIT #1 01-IF-09 Ordinance No. 2008-08 Page 2 WHEREAS, the City of Aventura (the "City") was designated as a Transportation Concurrency Exception Area when it adopted the City of Aventura Comprehensive Plan in December of 1998; and WHEREAS, the City of Aventura is in the unique position of a compact, high density, regional destination community nearing buildout that lacks parallel roadway facilities to provide relief to heavily congested and constrained corridors; and WHEREAS, the City adopted strategies in the City of Aventura Comprehensive Plan to support and fund mobility within the designated exception area, including impact fees and other methods which developers can use to mitigate impacts to the transportation system by contributing funds for alternative modes of transportation that promote mobility, particularly, the expansion, operation and maintenance of the City's Circulator System, also known as the "Aventura Express" or as it may be renamed in the future or any similar future transit system operated by the City, (the "Circulator System") as further described in a study entitled "A Program of Transportation Mitigation" prepared for the City of Aventura by James C. Nicholas, PhD, dated August 15, 2007, and revised March 13. 2008 (the "Transportation Mitigation Study"); and WHEREAS, the City included an impact fee analysis in the Transportation Mitigation Study to determine if an impact fee could be used to fund the expansion, operation and maintenance of the City's Circulator System; and WHEREAS the Transportation Mitigation Study finds that the City of Aventura can accommodate the mobility needs of new development by expansion of the Circulator System with the payment of a transportation mitigation impact fee, and recommends that the City adopt such a fee to support mobility through the use of mass transit within the City and the City's policy of transportation concurrency exception; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission, acting in its capacity as the Local Planning Agency has reviewed this ordinance to adopt a transportation mitigation impact fee 2 Ordinance No. 2008-08 Page 3 during a required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held duly noticed public hearings on this transportation mitigation impact fee ordinance recommended by the City Commission, acting in its capacity as the Local Planning Agency; and WHEREAS, the City Commission has reviewed this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the above recitals are true and correct and are incorporated herein by this reference. Section 2. City Code Amended. That the City Code of the City of Aventura is hereby amended by amending Chapter 2 "Administration"; Article IV "Finance"; Division 5 "Impact Fees"; by creating Section 2-302 "Transportation Mitigation Impact Fee" to read as follows: "Sec. 2-302. Transportation Mitigation Impact Fee. (a) Impact Fee; In General. 1 . This Section is intended to support and fund mobility within the City's Transportation Concurrency Exception Area by collecting a transportation mitigation impact fee (the "Transportation Mitigation Impact Fee") to allow the expansion, operation and maintenance of the City's Circulator System, also known as the Aventura Express, or as it may be renamed in the future or any similar future transit system (the "Circulator System"). 3 Ordinance No. 2008-08 Page 4 2. In construing the provIsions of Section 2-302, the pertinent definitions contained in Section 2-301 (b) shall apply unless otherwise provided. 3. Any application for a Buiiding Permit for Deveiopment Activity, as defined in Section 2-301 (b), within the corporate limits of the City shall be subject to the assessment of a Transportation Mitigation Impact Fee in the manner and amount set forth in this Section. No Building Permit shall be issued by the City until the applicant has paid the assessed Transportation Mitigation Impact Fee as calculated pursuant to this Section. 4. Notwithstanding payment of the Transportation Mitigation Impact Fees pursuant to this Section, other state and local regulations may limit the issuance of a Building Permit. 5. In the event Transportation Mitigation Impact Fees are paid prior to or concurrent with the issuance of a Building Permit and subsequently, the Building Permit is amended, the applicant shall pay the Transportation Mitigation Impact Fee in effect at the time the amended Building Permit is issued with credit being given for the previous fee paid. 6. In the case of Development Activity involving a change of use, redevelopment or expansion or modification of an existing use on site which requires issuance of a Building Permit, the Transportation Mitigation Impact Fee shall be based on the net increase in the Transportation Mitigation Impact Fee for the new use as compared with the use in effect on the effective date of this Section. 7. If a Building Permit is cancelled without development commencing, then the applicant who paid the Transportation Mitigation Impact Fee shall be entitled to a refund, without interest, of the Transportation Mitigation Impact Fee paid except that the City shall retain three percent (3%) of the fee to offset a portion of the costs of collection and refund. The applicant who paid the Transportation Mitigation Impact Fee shall submit an application for such a refund to the City 4 Ordinance No. 2008-08 Page 5 Manager or his designee within thirty (30) days of the expiration of the order or permit, or thereafter be deemed to waive any right to a refund. 8. in the event the Circulator System is discontinued by action of the City Commission, or if the City fails to use or encumber any existing funds by the end of the calendar quarter immediately following ten (10) years from the effective date of this Section, upon application of the then current fee simple title holder, funds may be returned to such title holder, without interest, provided that the title holder submits an application for a refund to the City Manager or his designee within one hundred and eighty (180) days of the expiration of the ten (10) year period. However, this section shall not apply to Development of Regional Impact or any development with phased or long term build out. Any claim not so timely made shall be deemed waived. 9. Funds shall be deemed expended for the purposes of this Section when a contract, agreement or purchase order encumbering all or a portion of the payment of said funds shall be approved by final City action. (b) Impact Fee Computation Formula. 1. The applicant shall pay a Transportation Mitigation Impact Fee amount based on the formula set forth in the table below or as it may be amended by Ordinance of the City Commission. The fee shall be collected by the Community Development Department prior to issuance of a Building Permit for Development Activity. Such fee will be based on the cost required to serve the increased demand for use of the Circulator System resulting from the proposed new Development Activity. The formula to be used to calculate the Transportation Mitigation Impact Fee is established as follows for each property use: Land Use (Unit of Measure) Persons per Unit of Measure 0.972 1.557 Fee per Unit of Measure $803.05 $1,286.59 5 Ordinance No. 2008-08 Page 6 2.175 $1,797.33 2.720 $2,247.22 1.319 $1,089.35 2.312 $1,910.09 2. The fee per Residential Dwelling Unit or fee per thousand nonresidential square feet shall be multiplied by the applicant's total number of dwelling units for residential property or total number of thousands of square feet for nonresidential property. The total will then be multiplied by 1.03 for a general administrative charge of three (3%) percent. The resulting total is the Transportation Mitigation Impact Fee and administrative charge, which amount shall be paid by the applicant. 3. An applicant may choose to prepare a study to identify a more precise calculation of the impact of his or her proposed Development Activity on the City's Circulator System. If the applicant chooses this option, the applicant shall prepare and submit to the City Manager an Alternative Transportation Mitigation Impact Fee Calculation Study (the "Alternative Fee Study"), containing professionally accepted methodologies and formats as well as traffic, engineering, occupancy and other documentation in support of the basis upon which the alternative calculation was determined. The Alternative Fee Study shall be prepared and presented by professionals qualified in their respective fields and employ methods recognized within those respective fields. The City Manager shall consider the Alternative Fee Study submitted by the applicant, but is not required to accept such documentation if he believes the information to be inaccurate or not reliable. In this case, the City Manager may require the applicant to submit additional or a different Alternative Fee Study for consideration. If an acceptable Alternative Fee Study is not presented, the applicant shall pay the Transportation Mitigation Impact Fee based upon the schedules shown in paragraph 1 of this section. If the City Manager approves a Transportation Mitigation Impact Fee in an amount other than 6 Ordinance No. 2008-08 Page 7 that determined by the Alternative Fee Study, the applicant may appeal the City Manager's decision to the City Commission by filing a written request with the City Clerk within ten (10) days of the date of the City Manager's decision. 4. In the case of Development Activity involving a change of use or magnitude of use for which a Building Permit is required, the proposed development shall be required to pay a Transportation Mitigation Impact Fee only for the increase in use of the Circulator System resulting from new Development Activity. The Transportation Mitigation Impact Fee shall be the difference between the computed Transportation Mitigation Impact Fee for the proposed Development Activity and the computed Transportation Mitigation Impact Fee for the existing Development Activity. Any Building Permit which expires or is revoked after the effective date of this Section and for which a fee has not previously been paid under this Section shall be required to comply with the provisions herein. No refunds will be given for proposed development activity resulting in a negative fee calculation. 5. If the type of activity within a proposed or current development is not specified, the City Manager or his designee shall use the activity most nearly comparable that will result in payment of a fair and equitable Transportation Mitigation Impact Fee. 6. In determining existing Development Activity and the units or thousands of square feet of proposed or existing development, the Community Development Department shall use the Building Permit and the Certificate of Use information contained in the building or zoning records of Miami-Dade County or the City. (c) Impact Fee Exemptions. 1. Alteration, expansion or replacement of an existing building or residential dwelling unit where the use is not changed and the number of residential dwelling units or square footage is not increased shall not be subject to the Transportation Mitigation Impact Fee. 7 Ordinance No. 2008-08 Page 8 2. The burden of demonstrating the prevIous use or previous payment of a Transportation Mitigation Impact Fee shall be upon the applicant. In cases where there is an existing use, any additional fees shall be based upon the alteration and/or addition to the existing use. 3. Government or public facilities used for governmental purposes are exempt from the Transportation Mitigation Impact Fee, including those parcels, grounds, buildings or structures owned by the federal government, State of Florida, Miami- Dade County, the City, the Miami-Dade County Public Schools or the South Florida Water Management District, including, but not limited to, governmental offices, police and fire stations, airports, seaports, parking facilities, equipment yards, sanitation facilities, water control structures, schools, parks and similar facilities in or through which general government operations are conducted. It is provided, however, that the following shall not be considered governmental or public facilities and shall be subject to the provision of this Section: (1) privately owned properties or facilities leased for governmental operations or activities and privately owned charter schools; (2) public properties or facilities used for private residential, commercial or industrial activities. 4. The construction of accessory buildings or structures is exempt where 1) the use is not changed, 2) any additional impact on the Circulator System is negligible; and 3) the number of residential dwelling units or square footage is not increased. 5. A building replacement meeting the requirements of the Florida Building Code, (where such replacement is necessitated by partial destruction) and meeting the requirements of the City's Land Development Regulations, is exempt. 6. Parking garages are exempt from the Transportation Mitigation Impact Fee when the structure is accessory to a primary use. 7. An exemption must be claimed by the applicant prior to paying the Transportation Mitigation Impact Fee. Any exemption not so claimed prior to payment shall be deemed to have been waived by the applicant. 8 Ordinance No. 2008-08 Page 9 (d) Impact Fee Expenditures. 1. Expenditures from the Impact Fee shall include, but not be limited to: a) All costs related to expansion of the Circulator System; b) All costs related to operation of the Circulator System; and c) All costs related to maintenance of the Circulator System. 2. The three (3%) percent general administrative cost portion of the Transportation Mitigation Impact Fee, as provided for herein, shall be deposited into the General Fund and shall be used to offset the costs of administering the Transportation Mitigation Impact Fee. (e) Establishment of Fund. Transportation Mitigation Impact Fees collected pursuant to this Section shall be accounted for in the Transportation and Street Maintenance Fund established by the City. (f) Review and Assessment of Fee. The City Manager shall review the contents of this section at least every three (3) years and, if appropriate, make recommendations to the City Commission to revise it. The first such review shall be no later than January 1, 2011. The City Commission shall consider the City Manager's recommended revision(s) to this section and decide whether to adopt them." Section 3. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Aventura Code of Ordinances; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word as needed. Section 4. Severabilitv. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance 9 Ordinance No. 2008-08 Page 1 0 but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Special Notice. That, pursuant to Section 163.31801(3)(d), Florida Statutes, notice of the adoption of this Ordinance shall be published by the City Clerk no fewer than ninety (90) days before the effective date of this Ordinance imposing new impact fees. Section 6. Effective Date. That following adoption on second reading, the provisions of Section 5 of this Ordinance shall be effective immediately, and the remaining provisions of this Ordinance shall be effective from and after the first day of January, 2009. The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on first reading. This motion was seconded by Commissioner Stern, and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Bob Diamond yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner Weinberg, who moved its adoption on second reading. This motion was seconded by Vice Mayor Auerbach, and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Zev Auerbach yes Mayor Susan Gottlieb yes 10 Ordinance No. 2008-JW Page 11 PASSED on first reading on this 8th day of January, 2008. PASSED AND ADOPTED on this 8th day of pril, 2008. APPROVED AS TO LEGAL SUFFI~NCY: r--rt~ ~ CITY A TIORNEY ~ ... 11 ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 6 "EFFECTIVE DATE" FROM JANUARY 1, 2009 TO APRIL 1, 2009 OF ORDINANCE NO. 2008-08 ADOPTED ON APRIL 8, 2008, WHICH ORDINANCE ESTABLISHED A TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN THE CITY OF AVENTURA; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2008-08 establishing a transportation mitigation impact fee and schedule for mitigation of transportation impacts by new development in the City of Aventura was adopted by the City Commission on April 8, 2008 following duly noticed public hearings; and WHEREAS, the City Commission directed City staff during the public hearings to monitor the economic climate prior to the effective date of Ordinance No. 2008-08 and to recommend adjustment to said effective date based on economic conditions as of the proposed effective date; and WHEREAS, staff has determined that there has been no improvement to the economic conditions since April, 2008; and WHEREAS, the City Commission, acting in its capacity as the Local Planning Agency has reviewed the proposed change to the effective date of Ordinance No. 2008-08 from January 1, 2009 to April 1 , 2009 during a required public hearing and has recommended approval of this Ordinance to the City Commission; and WHEREAS, the City Commission has held duly noticed public hearings on this Ordinance as recommended by the City Commission, acting in its capacity as the Local Planning Agency; and WHEREAS, the City Commission has reviewed this Ordinance and has determined that the Ordinance is consistent with the Comprehensive Plan. Ordinance No. 2009- Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the above recitals are true and correct and are incorporated herein by this reference. Section 2. That Section 6, "Effective Date" of Ordinance No. 2008-08 is hereby amended as follows: "Section 6. Effective Date. That following adoption on second reading, the provisions of Section 5 of this Ordinance shall be effective immediately, and the remaining provisions of this Ordinance shall be effective from and after the first day of January, 2009 the first day of April. 2009.,,1 Section 3. All other provisions of Ordinance No. 2008-08 adopted by the City Commission on April 8, 2008 shall remain the same and in full force and effect. Section 4. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Aventura Code of Ordinances; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word as needed. Section 5. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 1 Stricken through text indicates proposed deletions. Underlined text indicates proposed insertions. Ordinance No. 2009- Page 3 Section 6. Effective Date. That following adoption on second reading, the provisions of this Ordinance shall be effective immediately. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Michael Stern Commissioner Teri Holzberg Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Michael Stern Commissioner Teri Holzberg Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb PASSED on first reading on this 13th day of January, 2009. Ordinance No. 2009- Page 4 PASSED AND ADOPTED on second and final reading this 3rd day of February, 2009. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVE~~L~ CITY ATTORN CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission i ctor FROM: Eric M. Soroka, IC City Manager BY: Joanne Carr, AICP Community Develop DATE: December 10, 2008 SUBJECT: Petition of the City of Aventura to Adopt a Ten-Year Water Supply Facilities Work Plan; to Amend the City of Aventura Comprehensive Plan as required to implement the Ten-Year Water Supply Facilities Work Plan; and to transmit the amendments to the Florida Department of Community Affairs (01-CPA-08) January 13, 2009 Local Planning Agency Agenda Item ..!fB January 13, 2009 First Reading City Commission Meeting Agenda Item :1.15 , 2009 Second Reading City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Adopt a Ten-Year Water Supply Facilities Work Plan for the City of Aventura. 2. Approve and adopt amendments to the City of Aventura Comprehensive Plan to implement the Ten-Year Water Supply Facilities Work Plan, as follows: i) Amendments to the Future Land Use Element: . Add Policy 7.2 to Objective 7 to provide for co-ordination of current and future land uses with the availability of water supply . Add Policy 7.3 to Objective 7 to require that proposed amendments to the Future Land Use Map provide data and analysis demonstrating adequate water supply and facilities 1 H) Amendments to the Infrastructure Element, Infrastructure Goal 1 of the Plan as follows: . Amend Policy 2.1 of Objective 2 to add Level of Service standards for Potable Water Supply for the City of North Miami Beach, which services the water demand for a portion of the City of Aventura. . Amend Policy 2.3 of Objective 2 to require that adequate water supply is available concurrent with the impact of development. . Amend Policy 2.6 of Objective 2 to extend the planning year from 2015 to 2025. . Add a new Policy 2.7 to Objective 2 to create and adopt a Water Supply Facilities Work Plan into the Comprehensive Plan by reference. . Amend Policies 5.1 and 5.2 of Objective 5 to add reference to the City of North Miami Beach. . Amend Policy 5.3 of Objective 5 to create a Water Supply Facilities Work Plan. Hi) Amendments to the Infrastructure Element, Aquifer Recharge Goal in the Plan as follows: . Amend Objective 1 to add Miami-Dade County Water and Sewer Department and the City of North Miami Beach. iv) Amendments to the Capital Improvements Element of the Plan as follows: . Amend Policy 2.4 of Objective 2 to add Level of Service standards for Potable Water Supply for the City of North Miami Beach, which services the water demand for a portion of the City of Aventura. v) Amendments to the Intergovernmental Coordination Element of the Plan as follows: . Amend Policy 2.3 of Objective 2 to require coordination among the Water Supply Facilities Work Plans of the South Florida Water Management District, Miami-Dade Water and Sewer Department and the City of North Miami Beach with the City of Aventura Water Supply Facilities Work Plan. . Add a new Policy 2.4 to Objective 2 to identify and require consistency of current and future level of service standards between the City of Aventura, Miami-Dade Water and Sewer Department and the City of North Miami Beach. 2 vi) Amendments to the Conservation & Coastal Management Element of the Plan as follows: . Amend Policy 8.2 of Objective 8 to add reference to the City of North Miami Beach; add the recently adopted Miami-Dade County Ordinance 08-14 regarding efficient plumbing fixtures, and reference to water saving irrigation standards. . Add a new Policy 8.3 to Objective 8 to require coordination regarding the availability of water supplies to serve new development prior to the issuance of a certificate of occupancy. . Renumber existing Policies 8.3 through 8.7 of Objective 8 as Policies 8.4 through 8.8 respectively. . Amend newly numbered Policies 8.5 and 8.7 to add reference to the City of North Miami Beach. . Amend newly numbered Policy 8.8 to adopt by reference the City's Ten-Year Water Supply Facilities Work Plan and require future coordination with the appropriate agencies. 3. It is further recommended that the City Commission approve the transmittal of the plan amendments to the Florida Department of Community Affairs and other agencies for review prior to adoption. THE REQUEST City staff is requesting approval of a Ten-Year Water Supply Facilities Work Plan and amendments to the City of Aventura Comprehensive Plan in order to comply with Florida law. BACKGROUND The Florida Legislature enacted bills in the 2002, 2004, and 2005 sessions to address the state's water supply needs. These bills, especially Senate Bills 360 and 444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida Statutes (F.S.) by strengthening the statutory links between the regional water supply plans prepared by the water management districts and the comprehensive plans prepared by local governments. In addition, these bills established the basis for improving coordination between the local land use planning and water supply planning. The proposed City of Aventura Water Supply Facilities Work Plan is attached as Exhibit #1. The purpose of this work plan is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the City's jurisdiction. Chapter 163, Part II, F.S., requires local governments to prepare and adopt Work Plans into their comprehensive plans within 18 months after the water management district approves a regional water supply plan or its update. The Lower 3 East Coast Water Supply Plan Update was approved by the South Florida Water Management District on February 15, 2007. The City has been working diligently with Miami Dade Water & Sewer Department and the City of North Miami Beach since adoption of the Lower East Coast Water Supply Plan Update to complete this work plan for our City. Residents of the City of Aventura obtain their water directly from either the Miami- Dade County Water and Sewer Department or from the City of North Miami Beach. Each of these water providers is responsible for ensuring that enough capacity is available for existing and future customers. Each has prepared their own Water Supply Facilities Work Plan and transmitted them to the State for approval. The City's work plan co-ordinates with our suppliers' work plans. The City's responsibility under our work plan is to ensure co-ordination of our comprehensive plan water use goals, objectives and policies and to support water conservation and reuse with these two agencies and with the South Florida Water Management District. ANAL YSIS Section 31-53 of the City's Land Development Regulations provides that the Comprehensive Plan may be amended in accordance with that section and in accordance with the notice and hearing procedures set forth in both the Land Development Regulations and the applicable Florida Statutes. Notice of the proposed amendments has been properly published. The hearing procedure requires one public hearing by the Local Planning Agency and two public hearings by the City Commission. If adopted on first reading, the ordinance will be transmitted to the Florida Department of Community Affairs and all applicable agencies. The ordinance will be scheduled for second and final reading once any objections, recommendations and comments from these agencies have been addressed. The proposed revisions to the elements have been drafted to be consistent with the Miami-Dade County and the City of North Miami Beach Water Supply Facilities Work Plans and to comply with all statutory requirements. 4 ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING A TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT, THE INFRASTRUCTURE ELEMENT, THE CAPITAL IMPROVEMENTS ELEMENT, THE INTERGOVERNMENTAL CO-ORDINATION ELEMENT AND THE CONSERVATION & COASTAL MANAGEMENT ELEMENT OF THE CITY OF AVENTURA COMPREHENSIVE PLAN TO IMPLEMENT THE CITY OF AVENTURA TEN-YEAR WATER SUPPLY FACIIL TIES WORK PLAN REQUIRED PURSUANT TO CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2002, 2004 and 2005 the Florida Legislature expanded local government comprehensive plan requirements to strengthen coordination of water supply planning in the State; and WHEREAS, Section 163.3177, Florida Statutes requires that local comprehensive plans must coordinate with the appropriate water management district's regional water supply plan; and WHEREAS, the City of Aventura proposes to adopt a Ten-Year Water Supply Facilities Work Plan; and WHEREAS, the City of Aventura has proposed amendments to the Future Land Use, Infrastructure, Capital Improvements, Intergovernmental Coordination, and Conservation and Coastal Management Elements of the Comprehensive Plan to implement the Ten-Year Water Supply Facilities Work Plan and to coordinate water supply planning in order to comply with State Statute; and WHEREAS, at a public hearing on January 13, 2009, the City of Aventura Local Planning Agency reviewed the proposed Ten-Year Water Supply Facilities Work Plan and the amendments to the Comprehensive Plan elements, found the proposed changes to be consistent with the City of Aventura Comprehensive Plan and recommended approval Ordinance No. 2009-_ Page 2 of 12 of the Ten-Year Water Supply Facilities Work Plan and comprehensive plan amendments to the City Commission. WHEREAS, the City Commission finds that the proposed amendments will not result in impacts on any infrastructure system that will exceed established level of service standards and are otherwise consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Aventura; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the Comprehensive Plan to adopt a Ten-Year Water Supply Facilities Work Plan and to adopt the amendments to the Future Land Use, Infrastructure, Capital Improvement, Intergovernmental Coordination, and Conservation and Coastal Management Elements to strengthen coordination of water supply planning and local land use planning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. The foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. The Ten-Year Water Supply Facilities Work Plan dated December 9, 2008, attached as Exhibit #1 to this Ordinance, is hereby adopted as the water supply facilities work plan for the City of Aventura. Section 3. Amendments to the Future Land Use Element. The Future Land Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1: Policy 7.2 is added to Objective 7 to provide for coordination of current and future land uses with the availability of water supply. Policy 7.2 1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. Ordinance No. 2009-_ Page 3 of 12 The City. throuqh its Land Development Requlations and in coordination with the Ten- Year Water Supply Facilities Work Plan will coordinate current land uses and any future land use chanqes with the availability of water supply system. Policy 7.3 is added to Objective 7 to require that proposed amendments to the Future Land Use Map provide data and analysis demonstrating adequate water supply and facilities Policy 7.3 The City shall require proposed amendments to the Future Land Use Map provide data and analvsis demonstratinq adequate water supply and facilities are available. Section 4. Amendments to the Infrastructure Element. The Infrastructure Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1: Policy 2. 1 of Objective 2 is amended to add Level of Services standards for Potable Water Supply for the City of North Miami Beach, which services a portion of the City of A ventura Policy 2.1 To assure an adequate level of service, potable water and sanitary sewer facilities shall meet the following level of service standards, as adopted by Miami-Dade County Water and Sewer Department and the City of North Miami Beach, the City's current service provider~. 1) Potable Water Supply Area Serviced bv Miami-Dade Water & Sewer Department (a) The system shall operate with a rated maximum daily capacity which is no less than 2 percent above the maximum daily flow for the preceding year, and an average daily capacity 2 percent above the average daily per capita system demand for the preceding 5 years. (b) Water shall be delivered to users at a pressure no less than 20 pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade Fire Department, minimum fire flow based on the land use served shall be maintained as follows: Land Use Single Family Residential/Estate Single Family, Duplex, and Residential on minimum Min. Fire Flow 500 gal/min 750 gal/min Ordinance No. 2009-_ Page 4 of 12 lots of 7,500 sf. Multi-Family Residential Semiprofessional Offices, Hospitals, Schools Business and Industry 1,500 gal/min 2,000 gal/min 3,000 gal/min (c) Water quality shall meet all federal, State and County primary standards for potable water. (d) System-wide storage capacity for finished water shall equal no less than 15 percent of the system average daily demand. Area Serviced bv North Miami Beach Potable Water: the City's water system shall provide 144 qallons per person per day at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a water pressure of 40 pounds per square inch (psi) althouqh 20 psi is the leqal minimum. Policy 2.3 of Objective 2 is amended to require that adequate water supply is available concurrent with the impact of the development Policy 2.3 Except as provided by Objective 1 and the supporting policies, no development order authorizing new development or a significant expansion of an existing use shall be issued for any area of the City which is served by a potable water or sanitary sewer facility which does not meet the standards in Policy 2.1 or will not meet these standards concurrent with the completion of the development. In any case where these federal, state, or county standards referenced in Policy 2.1 are revised, a reasonable time for compliance with the new standards shall be allowed. Prior to approvinq a buildinq permit, the City shall require that adequate water supplies to serve the new development will be available no later than the anticipated date of a certificate of occupancy or its functional equivalent. Policy 2.6 of Objective 2 is amended to extend the year from 2015 to 2025 Policy 2.6 The City shall continue to coordinate with a provider who shall continue the expansion of existing water and wastewater treatment plants to meet demand through the year ~ 2025. Policy 2.7 of Objective 2 is added to create and adopt a Water Supply Facilities Work Plan by reference Ordinance No. 2009-_ Page 5 of 12 PolicV 2.7 The City shall create and adopt a Water Supply Facilities Work Plan that is consistent with the South Florida Water Manaqement District's Lower East Coast Reqional Water Supply Plan, Miami-Dade Water and Sewer Department's Work Plan, and the City of North Miami Beach's Work Plan. The City's Work Plan will be updated within 18 months after the South Florida Water Manaqement District's Lower East Coast Reqional Water Supply Plan, Miami-Dade Water and Sewer Department's Work Plan, and the City of North Miami Beach's Work Plan are updated. The City of Aventura, Florida, Water Supply Facilities Work Plan dated December 9, 2008 is hereby adopted by reference. Policies 5.1 and 5.2 of Objective 5 are amended to add the City of North Miami Beach Policy 5.1 The City of Aventura shall encourage support Miami-Dade County and the City of North Miami Beach in the development of its future potable water supplies, to the maximum extent feasible, utilize methods which preserve the integrity of the Biscayne Aquifer, protect the quality of surface water and related ecosystems, and comply with the land use and environmental protection policies of the Miami-Dade County CDMP, the City of North Miami Beach, the Strategic Regional Policy Plan for South Florida, and the State Comprehensive Plan. Policy 5.2 When reclaimed water becomes available, the City shall consider its use on public and private properties. Currently, the Miami-Dade Water and Sewer Department and the City of North Miami Beach +s are responsible for implementing any reuse that is deemed by the County to be economically feasible. Policy 5.3 of Objective 5 is amended to create a Water Supply Facilities Work Plan Policy 5.3 The City shall create a Ten-Year Water Supply Facilities Work Plan that is consistent with review the 'Noter supply facility the work plans of Miami-Dade County MDWASD and the City of North Miami Beach, as they are adopted and/or periodically updated, in order to identify alternative projects that will increase its water supply, and shall coordinate with Miami-Dade County and the City of North Miami Beach, as appropriate, in the implementation of these projects. Ordinance No. 2009-_ Page 6 of 12 Objective 1 of the Aquifer Recharge Goal in the Infrastructure Element is amended to add Miami-Dade County Water and Sewer Department and the City of North Miami Beach The City shall support the efforts of the County Miami-Dade County Water and Sewer Department and the City of North Miami Beach to identify significant ground water resources and protect them through land use controls, public acquisition, easements or other appropriate methods. Section 5. Amendment to Capital Improvements Element. The Capital Improvements Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1 : Policy 2.4 of Objective 2 is amended to add Level of Services standards for Potable Water Supply for the City of North Miami Beach which services a portion of the City of A ventura Policy 2.4 The Five-Year Capital Improvements Program, or the City's contract providers as appropriate, shall incorporate the identified capital investments from each functional element and will be based on the following LOS standards: [9J-5.016(3)(c)4] Potable Water Supply Area Serviced bv Miami-Dade Water & Sewer Department: a) The treatment system shall operate with a rated maximum daily capacity which is no less than two percent (2%) above the maximum daily flow for the preceding year, and an average daily capacity two percent (2%) above the average daily per capita system demand for the preceding five (5) years. Water shall be delivered to users at a pressure no less than twenty (20) pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade Fire Department or successor entity, minimum fire flow, based on the land use served, shall be maintained as follows: Minimum Fire Flow Land Use Gallons per Minute Single Family Residential Estate Density 500 Single Family and Duplex Residential on Minimum lots 750 Ordinance No. 2009- Page 7 of 12 of 7,599 ft2 Multi-family Residential, Semiprofessional Offices Hospitals, Schools Business and Industry 1,500 2,000 3,000 b) Water quality shall meet all federal, state and county primary standards for potable water. c) System-wide storage capacity for finished water shall equal no less than fifteen (15) percent of the system-wide average daily demand. Area Serviced bv North Miami Beach Potable Water: the City's water system shall provide 144 qallons per person per day at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a water pressure of 40 pounds per square inch (psi) althouQh 20 psi is the leqal minimum. Section 6. Amendment to the Interaovernmental Coordination Element. The Intergovernmental Coordination Element of the City of Aventura Comprehensive Plan is 1 hereby amended as follows : Policy 2.3 of Objective 2 is amended to specify coordination among the work plans of the South Florida Water Management District, Miami-Dade Water and Sewer Department and the City of North Miami Beach with the City of A ventura Work Plan Policy 2.3 The City shall support, as appropriate, Miami Dade County's and North Miami Beach's development and implementation of the Water Supply Facilities '.^fork Plan required by Florida Statute and the 'Nater conservation efforts of other agencies. The City shall ensure coordination of the comprehensive plan with the most current South Florida Water Manaqement District, Miami-Dade County Water and Sewer Department and North Miami Beach Water Supply Plans when proposinq and/or amendinq the City's Ten-Year Water Supply Facilities Work Plan. The City's Work Plan shall be updated within 18 months after the South Florida Water Manaqement District updates the Lower East Coast Reqional Water Supply Plan. The City shall maintain a record of City staff attendance and participation in appropriate interqovernmental and/or multi-jurisdictional coordination efforts (i.e. meetinqs. workshops. committees, aqreements). Ordinance No. 2009- Page 8 of 12 Policy 2.4 of Objective 2 is added to identify and ensure consistency of level of service standards between the City of Aventura, Miami-Dade Water and Sewer Department and the City of North Miami Beach Policv 2.4 The City shall ensure and identify the consistency of local level of service standards bv annuallv contactinq Miami-Dade County Water and Sewer Department and the City of North Miami Beach as the City's service providers. to obtain current information, includinq populations, level of services, service areas, water supply facilities, implementation schedule of required potable water conservation and reuse measures and evaluate if future modification to either the service aqreement or level of service standards should be included in subsequent Comprehensive Plan Amendments. This contact may be bv way of meetinq of the Miami-Dade Planners Technical Committee or bv mutuallv aqreed upon tri-partv meetinqs. Section 7. Amendment to the Conservation and Coastal Manaaement Element. The Conservation and Coastal Management Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1: Policy 8.2 of Objective 8 is amended to add the City of North Miami Beach; add the recently approved Miami-Dade County Ordinance 08-14 regarding efficient plumbing fixtures; and add reference to water saving irrigation standards. Policy 8.2 In order to comply with policies of the South Florida Water Management District directed toward conservation of potable water supply and to achieve a reduction in the current rates of water consumption the following performance standards shall apply: . Where non-potable alternative sources of irrigation water are available potable water supplies may not be used to meet irrigation needs. . The City of Aventura shall oncourage coordinate with the Miami-Dade Water and Sewer Department (MDWASD) and the City of North Miami Beach to study the feasibility of using reclaimed water as one method of reducing the amounts of potable water used for non-potable activities. . Require the use of water-saving plumbing fixtures in all new developments as required bv Miami-Dade County Ordinance 08-14. Ordinance No. 2009-_ Page 9 of 12 . Require the use of water-saving plumbing fixtures when plumbing fixtures are replaced or retrofitted. . In order to reduce demand for irrigation water (which in turn often places greater demand upon potable water sources), at least seventy percent (70%) of all landscaping material obtained from off-site sources for use on any site should be native plant material adapted to soil and climatic conditions existing on the subject site such as landscapinq principles identified in FDEP Landscapinq Irriqation and Florida-Friendly Desiqn Standards. . To further reduce water demand at least fifty percent (50%) of all trees used in landscaping shall be native species adapted to soil and climatic conditions existing on-site. Policy 8.3 of Objective 8 is added to ensure coordination regarding the availability of water supplies to serve new development prior to a cerlificate of occupancy Policv 8.3 The City of Aventura will cooperate with MDWASD and the City of North Miami Beach to require that before the issuance of a buildinq permit or its functional equivalent, adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local qovernment of a certificate of occupancy or its functional equivalent. Policies 8.3 through 8.7 of Objective 8 are renumbered and newly numbered Policies 8.5 and 8. 7 are amended to add the City of Norlh Miami Beach Policy 8.3 Policy 8.~ The City of Aventura shall continue to cooperate with local, regional, state and federal agencies for the management of fresh water resources to maintain adequate fresh water supplies during dry periods and to, when practicable, conserve water. Policy 8.4 Policy 8.~ The City of Aventura shall continue to cooperate with MDWASD, the City of North Miami Beach and the South Florida Water Management (SFWMD) for the implementation of water demand management policies and programs. Policy 8.5 Policy 8.~ The City of Aventura shall continue to require compliance with all applicable federal, state, regional and county water quality standards. Ordinance No. 2009-_ Page 10 of 12 Policy 8.6 Policy 8.1 The City of Aventura shall cooperate with MDWASD, the City of North Miami Beach and the SFWMD to conserve water resources during emergencies. Newly numbered Policy 8.8 of Objective 8 is amended to adopt the City's Ten-Year Water Supply Facilities Work Plan and ensure future coordination with the appropriate agencies Policy 8.7 Policy 8.~ The City shall adopt a Ten-Year Water Supply Facilities Work Plan. The City shall coordinate implementation of the Work Plan's qoals. obiectives and policies with the work plans of support, as 3ppropri3te, the South Florida Water Manaqement District, Miami-Dade County Water and Sewer Department and the City of North Miami Beach.:. in their development and implement3tion of the 'N3ter Supply F3cilitios Vvorkplan required by Florid3 Statute, The City shall also coordinate its efforts to conserve water with the efforts of these aqencies in their aM tHe water conservation efforts 3nd other 3gencles. Section 8. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Inclusion in the Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura. Section 10. Transmittal. That the City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs and other agencies as required under Chapter 163, Part II of the Florida Statutes. Section 11. Effective Date. That this Ordinance shall be effective immediately upon passage by the City Commission on second reading, except that the effective date of the amendments adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs or Administration Commission Ordinance No. 2009-_ Page 11 of 12 finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. The Florida Department of Community Affairs' notice of intent to find the Plan Amendments in compliance shall be deemed to be a final order if no timely petition challenging the Plan Amendment is filed pursuant to Chapter 163, Florida Statutes. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Michael Stern Commissioner Teri Holzberg Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Michael Stern Commissioner Teri Holzberg Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb PASSED on first reading this 13th day of January, 2009. Ordinance No. 2009-_ Page 12 of 12 PASSED AND ADOPTED on second reading this __ day of _,2009. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LE hvt CITY A TIORNEY SUSAN GOTTLIEB, MAYOR DRAFT-City of A ventura Water Supply Facilities Work Plan CITY OF AVENTURA, FLORIDA Exhibit #1 01-CPA-08 TEN-YEAR WATER SUPPLY FACiliTIES WORK PLAN Prepared For: Florida Department of Community Affairs Prepared By: City of Aventura Community Development Department December 9, 2008 DRAFT- December 9, 2008 DRAFT-City of A ventura Water Supply Facilities Work Plan TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 Statutory History 1.2 Statutory Requirements 2.0' BACKGROUND INFORMATION 2.1 Overview 2.2 Relevant Regional Issues 3.0 DATA AND ANALYSIS 3.1 Population Information 3.2 Maps of Current and Future Areas Served 3.3 Potable Water Level of Service Standard 3.4 Population and Potable Water Demand Projections by Each Local Government or Utility 3.5 Water Supply Provided by Other Entities 3.6 Conservation 3.6.1 Countywide Issues 3.6.2 Local Government Specific Actions, Programs, Regulations, or Opportunities 3.7 Reuse 3.7.1 Regional and Countywide Issues 3.7.2 Local Government Specific Actions, Programs, Regulations, or Opportunities 4.0 CAPITAL IMPROVEMENTS 4.1 Work Plan Projects 4.2 Capital Improvements Element/Schedule 5.0 GOALS, OBJECTIVES AND POLICIES DRAFT- December 9, 2008 II DRAFT-City of A ventura Water Supply Facilities Work Plan 1.0 INTRODUCTION The purpose of the City of Aventura Water Supply Facilities Work Plan (Work Plan) is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the City's jurisdiction. Chapter 163, Part II, F.S., requires local governments to prepare and adopt Work Plans into their comprehensive plans within 18 months after the water management district approves a regional water supply plan or its update. The Lower East Coast Water Supply Plan Update was approved by the South Florida Water Management District (SFWMD) on February 15, 2007. The City has been working diligently with Miami Dade Water & Sewer Department (MDWASD) and the City of North Miami Beach (NMB) since adoption of the Lower East Coast Water Supply Plan Update to complete this work plan Residents of the City of Aventura obtain their water directly from either the Miami- Dade County Water and Sewer Department (MDWASD) or from the City of North Miami Beach (NMB). Each of these water providers is responsible for ensuring that enough capacity is available for existing and future customers. The service area maps are shown in Figure 1. The City of Aventura Water Supply Facilities Work Plan (Work Plan) will reference both the initiatives already identified in Miami-Dade County's 20-year Work Plan and the City of North Miami Beach 1 O-Year Water Supply Facilities Work Plan, since the City is a retail buyer from both of these utility providers. According to state guidelines, the Work Plan and the comprehensive plan amendment must address the development of traditional and alternative water supplies, bulk sales agreements and conservation and reuse programs that are necessary to serve existing and new development for at least a 10-year planning period. The City of Aventura Work Plan will have the same 10-year planning time schedule as the City of North Miami Beach's Work Plan since it is the shorter period of the two Work Plans. The City's Work Plan is divided into five sections: Section 1 - Introduction Section 2 - Background Information Section 3 - Data and Analysis Section 4 - Capital Improvements Section 5 - Goals, Objectives, Policies 1.1 Statutory History The Florida Legislature enacted bills in the 2002, 2004, and 2005 sessions to address the state's water supply needs. These bills, especially Senate Bills 360 and 444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida DRAFT- December 9, 2008 3 DRAFT-City of A ventura Water Supply Facilities Work Plan Statutes (F.S.) by strengthening the statutory links between the regional water supply plans prepared by the water management districts and the comprehensive plans prepared by local governments. In addition, these bills established the basis for improving coordination between the local land use planning and water supply planning. 1.2 Statutory Requirements Each local government must comply with the following requirements: 1. Coordinate appropriate aspects of its comprehensive plan with the appropriate water management district's regional water supply plan, [163.3177(4)(a), F.S.] 2. Ensure that its future land use plan is based upon availability of adequate water supplies and public facilities and services [s.163.3177(6)(a), F.S., effective July 1, 2005]. Data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet projected growth demands must accompany all proposed Future Land Use Map amendments submitted to the Department for review. The submitted package must also include an amendment to the Capital Improvements Element, if necessary, to demonstrate that adequate public facilities will be available to serve the proposed Future Land Use Map modification. 3. Ensure that adequate water supplies and facilities are available to serve new development no later than the date on which the local government anticipates issuing a certificate of occupancy and consult with the applicable water supplier prior to approving building permit, to determine whether adequate water supplies will be available to serve the development by the anticipated issuance date of the certificate of occupancy [s.163.3180 (2)(a), F.S., effective July 1, 2005]. This "water supply concurrency" is now in effect, and local governments should be complying with the requirement for all new development proposals. In addition, local governments should update their comprehensive plans and land development regulations as soon as possible to address these statutory requirements. The latest point at which the comprehensive plan must be revised to reflect the concurrency requirements is at the time the local government adopts plan amendments to implement the recommendations of the Evaluation and Appraisal Report (EAR). 4. For local governments subject to a regional water supply plan, revise the General Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element (the "Infrastructure Element"), within 18 months after the water management district approves an updated regional water supply plan, to: a. Identify and incorporate the alternative water supply project(s) selected by the local government from projects identified in the updated regional water supply plan, or the alternative project proposed by the local government under s. 373.0361(7), F.S. [so 163.3177(6)(c), F.S.]; DRAFT- December 9, 2008 4 DRAFT-City of A ventura Water Supply Facilities Work Plan b. Identify the traditional and alternative water supply projects, bulk sales agreements, and the conservation and reuse programs necessary to meet current and future water use demands within the local government's jurisdiction [so 163.3177(6)(c), F.S.]; and c. Include a water supply facilities work plan for at least a 10-year planning period for constructing the public, private, and regional water supply facilities identified in the element as necessary to serve existing and new development. [so 163.3177(6)(c), F.S.] Amendments to incorporate the water supply facilities work plan into the comprehensive plan are exempt from the twice-a-year amendment limitation. [so 163.3177(6)(c), F.S.] 5. Revise the Five-Year Schedule of Capital Improvements to include any water supply, reuse, and conservation projects and programs to be implemented during the five-year period. 6. To the extent necessary to maintain internal consistency after making changes described in Paragraph 1 through 5 above, revise the Conservation Element to assess projected water needs and sources for at least a 10-year planning period, considering the appropriate regional water supply plan, the applicable District Water Management Plan, as well as applicable consumptive use permit(s). [s.163.3177 (6)(d), F.S.] If the established planning period of a comprehensive plan is greater than ten years, the plan must address the water supply sources necessary to meet and achieve the existing and projected water use demand for established planning period, considering the appropriate regional water supply plan. [s.163.3167 (13), F.S.] 7. To the extent necessary to maintain internal consistency after making changes described in Paragraphs 1 through 5 above, revise the Intergovernmental Coordination Element to ensure coordination of the comprehensive plan with applicable regional water supply plans and regional water supply authorities' plans. [s.163.3177(6)(h)1., F.S.] 8. Address in the EAR, the extent to which the local government has implemented the 10-year water supply facilities work plan, including the development of alternative water supplies, and determine whether the identified alternative water supply projects, traditional water supply projects, bulk sales agreements, and conservation and reuse programs are meeting local water use demands. [s.163.3191 (2)(1), F.S.] DRAFT- December 9, 2008 5 DRAFT-City of A ventura Water Supply Facilities Work Plan 2.0 BACKGROUND INFORMATION 2.1 Overview The City of Aventura was incorporated in November 1995. The City has a land area of approximately 3.2 square miles bounded by: Broward County and the City of Hallandale Beach to the north; Golden Beach and Sunny Isles across Dumfounding Bay and the Intracoastal Waterway to the east; North Miami Beach to the south, and; unincorporated Miami-Dade County to the west. Our 2008 population, as reported by the University of Florida, is 31,044. Although it was not incorporated until 1995, between 1990 and 2000, the City's population increased from 15,375 to 25,267, a 67 percent increase. By 2010, the City's population is anticipated to increase to 32,925, an increase of 30 percent since 2000. Based on projections prepared by the University of Florida, by 2015 it is projected that its population will increase to 37,307 (48% above the 2000 Census). It should be noted, however, that these estimates are based on historic and current population figures and growth trends, and do not reflect local conditions. The City is rapidly approaching build-out, and its future development potential and population growth is limited by the scarcity of vacant and developable land. For these reasons, the City estimates that its population will cap out at around 32,925, the year 2010 population estimate. The population projections from the NMB and MDWASD Work Plans for served areas project a 2010 population of approximately 36,566 and a build-out 2030 population of 41 ,666. The City of Aventura is substantially built-out. In 2005, an evaluation of existing gross acreage by land uses revealed that 523.89 acres or 26% of the total gross acreage in the city is dedicated to residential use. The remaining gross acreages are allocated to non-residential use: 319.97 acres commercial (16%); 2.04 acres industrial (0.10%); 8.81 acres Community Facilities (0.40%); 257.07 acres Recreation and Open Space (12%); 284.81 acres Utilities and Rights of Way (14%); 104.5 acres Vacant (5%); and 531.61 acres Water (26%). Of the 104.5 acres vacant land, about one-half has either site plan approval or vested rights. The City is a retail water customer of both Miami Dade Water and Sewer Department and the City of North Miami Beach. All projects within the City for water service are required to meet the standards and code requirements of the retail provider. 2.2 Relevant Regional Issues As the state agency responsible for water supply in the Lower East Coast planning area, the South Florida Water Management District (SFWMD) plays a pivotal role in resource protection, through criteria used for Consumptive Use Permitting. As DRAFT- December 9, 2008 6 DRAFT~City of A ventura Water Supply Facilities Work Plan pressure increased on the Everglades ecosystem resource, the Governing Board initiated rule making to limit increased allocations dependent on the Everglades system. As a result, the Regional Water Availability Rule was adopted by the Governing Board on February 15, 2007 as part of the SFWMD's water use permit program. This reduced reliance on the regional system for future water supply needs, mandates the development of alternative water supplies, and increased conservation and reuse. The City's retail suppliers both have consumptive use permits from the South Florida Water Management District. Miami-Dade County has a 20 year consumptive use permit, subject to numerous conditions, issued in 2007 and expiring in 2027. The City of North Miami Beach has a 20 year consumptive use permit from issued in 2007 and expiring in 2027. DRAFT- December 9, 2008 7 DRAFT-City of A ventura Water Supply Facilities Work Plan 3.0 DATA AND ANALYSIS 3.1 Population Information Our 2008 population, as reported by the University of Florida, is 31,044. Although it was not incorporated until 1995, between 1990 and 2000, the City's population increased from 15,375 to 25,267, a 67 percent increase. By 2010, the City's population is anticipated to increase to 32,925, an increase of 30 percent since 2000. Based on projections prepared by the University of Florida, by 2015 it is projected that it its population will increase to 37,307 (48% above the 2000 Census). It should be noted, however, that these estimates are based on historic and current population figures and growth trends, and do not reflect local conditions. The City is rapidly approaching build-out, and its future development potential and population growth is limited by the scarcity of vacant and developable land. For these reasons, the City estimates that its population will cap out at around 32,925, the year 2010 population estimate. The population projections from the NMB and MDWASD Work Plans project a 2010 population of approximately 36,566 and a build-out 2030 population of 41 ,666. 3.2 Maps of Current and Future Areas Served The maps depicting City boundaries served by the MDWASD and North Miami Beach are provided in Figure 1. 3.3 Potable Water Level of Service Standard Since the City of Aventura is a retail customer of both Miami-Dade MDWASD and the City of North Miami Beach, all three level of service standards (LOS) are listed below. Currently, the City's LOS standard is consistent with Miami-Dade County's LOS. The City is proposing to amend the Infrastructure Element, Objective 2, Policy 2.1 of its Comprehensive Plan, to adopt two levels of service to be consistent with the level of serviced of both of its water providers. City of A ventura - Level of Service: (1) Potable Water. a. The treatment system shall operate with a rated maximum daily capacity which is no less than two percent above the maximum daily flow for the preceding year, and an average daily capacity two percent above the average daily per capita system demand for the preceding five years. b. Water shall be delivered to users at a pressure no less than 20 pounds per square inch (psi) and no greater than 100 psi. Unless DRAFT- December 9, 2008 8 DRAFT-City of A ventura Water Supply Facilities Work Plan otherwise approved by the Miami-Dade Fire Department or a successor entity, minimum fire flow, based on the land use served, shall be maintained as follows: Land Use Type GPM Single-family residential estate density 500 Single-family and duplex residential on minimum lots of 7,599 750 square feet Multifamily residential, semi-professional offices 1,500 Hospitals, schools 2,000 Business and industry 3,000 c. Water quality shall meet all Federal, State and County primary standards for potable water. d. System-wide storage capacity for finished water shall equal no less than 15 percent of the system-wide average daily demand. The City's level of service standard is consistent with the Miami-Dade County level of service standard, which is as follows: Miami-Dade County Level of Service: 1) Potable Water Supply: (a) The regional treatment system shall operate with a rated maximum daily capacity no less than 2 percent above the maximum daily flow for the preceding year, and an average daily capacity 2 percent above the average daily system demand for the preceding 5 years. (b) Water shall be delivered to users at a pressure no less than 20 pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade Fire Department, minimum fire flows based on the land use served shall be maintained as follows: Land Use Min. Fire Flow (gpm) Single Family Residential Estate 500 Single Family and Duplex; Residential 750 on minimum lots of 7,500 sf Multi-Family Residential; 1,500 Semiprofessional Offices Hospitals; Schools 2,000 Business and Industry 3,000 (c) Water quality shall meet all federal, state, and County primary standards for potable water. DRAFT- December 9, 2008 9 DRAFT-City of A ventura Water Supply Facilities Work Plan (d) Countywide storage capacity for finished water shall equal no less than 15 percent of the Countywide average daily demand. The City's level of service standard is consistent with the City of North Miami Beach level of service standard, which is as follows: City of North Miami Beach Level of Service: Potable Water: the City's water system shall provide 150 gallons per person per day at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a water pressure of 40 pounds per square inch (psi) although 20 psi is the legal minimum. 3.4 Population and Potable Water Demand Projections by Each Local Government or Utility The potable water network within the City of Aventura is an interconnected county- wide system. The City receives potable water from Miami Dade Water and Sewer Department (MDWASD) and the City of North Miami Beach (NMB). The City cooperates with MDWASD and NMB to jointly develop methodologies and procedures for biannually updating estimates of system demand and capacity, and to ensure sufficient capacity to serve development needs. MDWASD is currently developing and implementing a water allocation system, which requires that "prior to approval of a building permit or its functional equivalent, the local government shall consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent". DRAFT- December 9, 2008 10 DRAFT-City of A ventura Water Supply Facilities Work Plan The following table depicts population projections as coordinated with both utilities. Since MDWASD and NMB use different projection years, separate tables are provided. POPULATION & WATER DEMAND PROJECTIONS For the City of Aventura (MDWASD Work Plan) 2007 2010 2015 2020 2025 2030 Overall City 34,927 35,414 36,224 36,595 36,965 37,335 Serviced by 23,030 23,495 24,270 24,622 24,974 25,325 MDWASD Demand (MGD) 3.57 3.64 3.76 3.82 3.87 3.93 Source: Miarni Dade Water & Sewer Department Water Supply Facilities Work Plan, March 2008, Exhibit 3-1, Appendix C POPULATION & WATER DEMAND PROJECTIONS For the City of Aventura (NMB Work Plan) 2006 2008 2013 2018 2027 2030 Overall City Serviced bv NMB 12,418 12,745 13,561 14,375 15,874 16,341 Demand (MGD)* 28.16 29.79 31.80 38.38 39.75 Source: City of North Miami Beach 10-Year Water Supply Facilities Work Plan, Table 4-6 *This is Total Demand. Information for City of Aventura only is not available. It should be noted, however, that the City is rapidly approaching build-out, and its future development potential and population growth is limited by the scarcity of vacant and developable land. For these reasons, and notwithstanding the Miami- Dade County and City of North Miami Beach projections, the City estimates that its population will cap out at around 32,925, the year 2010 population estimate. Since the two service providers project higher population for the City, the water demand projections are higher, thus providing for a safety factor. The following table summarizes the population projections by each of the three government agencies. It is provided in order to clarify the different years used for analysis and to show that at all times the service providers' population projections are greater than the City's capped out population of 32,925. Totals- Aventura1 MDWASD2 NMB3 MDWASD & NMB 2000 25,267 2006 12,418 2007 23,030 12,5825 35,612 2008 23, 1855 12,745 35,930 2010 32,9254 23,495 13,0715 36,566 2013 23,9605 13,561 37,521 2015 32,9254 24,270 13, 88~ 38,157 DRAFT- December 9, 2008 11 DRAFT-City of A ventura Water Supply Facilities Work Plan 2018 24,4815 14,375 38,856 2020 24,622 14,7080 39,330 2025 See note 6 24,974 15,5405 40,514 2027 25,1145 15,874 40,988 2030 25,325 16,341 41,666 1. Based on University of Florida estimates 2. Based on MDWASD Water Supply Plan estimates 3. Based on NMB Water Supply Plan estimates 4. Aventura estimated population cap. 5. Interpolated number. 6. Population projections for years beyond 2015 will be updated on next Work Plan update and after 2010 Census. 3.5 Water Supply Provided by Other Entities Miami Dade County Water and Sewer Department: The Miami-Dade County 20-Year Water Supply Facilities Work Plan is incorporated by reference. The intent of the County Work Plan is to meet the statutory requirements mentioned in subsection 1.2 of this plan and to coordinate the MDWASD's water supply initiatives with the SFWMD's Lower East Coast Water Supply Plan Update. The MDWASD's service area is all portions of Miami-Dade County within the Urban Development Boundary (UDB), excluding Homestead, Florida City, North Miami Beach and portions of North Miami. The areas within the Urban Expansion are included in the planning horizon after 2015. The following summarizes Miami-Dade County's Work Plan: . Description of population and water demand projections (Water Supply Service Area, Retail and Wholesale Customers, respectively, by Municipality provides municipal population projections and projected AADF "Annual Average Daily Flow" finished water based on 155 gallons per capita per day (gpcd). The population information was derived from Miami-Dade County Department of Planning and Zoning Transportation Analysis Zone (TAZ) 2004 population data. This subsection also provides a brief discussion of MDWASD's conservation and reuse programs.); . The Water Supply Facilities Work Plan details the facilities and proposed alternative water supply (AWS) projects that are planned in order to meet the water demands through 2027. These projects are expected to be completed in increments consistent with the projected growth set forth in the Plan. The AWS projects and annual average daily demand (AADD) assumes that all current wholesalers will remain in the MDWASD system through 2027, except for the City of North Miami Beach. The AWS projects are included in the County's Capital Improvement Element. In the 20-Year Work Plan, the MDWASD is committed to meet the water demand for the municipalities within the service area. The City of Aventura is served by the Hialeah Preston sub-area water treatment plant (WTP). The Hialeah and John E. DRAFT- December 9, 2008 12 DRAFT-City of A ventura Water Supply Facilities Work Plan Preston WTP's are located at 200 W. 2nd Ave. and 1100 W. 2nd Ave., respectively. The adjacent facilities in Hialeah share interconnected source water and finished water storage capacity. The two plants have similar processes. The source of water for the Hialeah Water Treatment Plant is from the Hialeah-Miami Springs Wellfields, supplemented by the Northwest Wellfield. The Hialeah WTP has a current rated capacity of 60 mgd. The main source of water for the Preston WTP is from the Northwest Wellfield. The current rated capacity is 165 mgd. MDWASD is in the process of completing the Floridan Aquifer Blending Wellfield at Hialeah/Preston (4.7 MGD, $10.3M) to satisfy the needs of its retail purchasers, who obtain water from this facility. City of Norlh Miami Beach: The City of North Miami Beach (NMB) 1 O-Year Water Supply Facilities Work Plan is incorporated by reference. The intent of the Work Plan is to meet the statutory requirements mentioned in subsection 1.2 of this plan and to coordinate the City's water supply initiatives with the SFWMD's Lower East Coast Water Supply Plan Update. The NMB service area is comprised roughly of the area bounded by the Atlantic Ocean on the east; NW 3ih Avenue on the west; NW 128th, NW 135th, NW 143rd and NE 146th on the south; and, Ives Dairy Road and Snake Creek Canal on the north. The following summarizes City of North Miami Beach's Work Plan: . Description of population and water demand projections are given and the projected AADF "Annual Average Daily Flow" finished water is based on 144 gallons per capita per day (gpcd). . The Water Supply Facilities Work Plan details the facilities and proposed alternative water supply (AWS) projects that are planned in order to meet the water demands through 2030. These projects are expected to be completed in increments consistent with the projected growth set forth in the Plan. As detailed in the 10-Year Work Plan, NMB is committed to meet the water demand for the municipalities within its service area. NMB has constructed and begun operation of the first Floridan reverse osmosis (RO) water treatment plant (Alternative Supply) in the county and is planning on the expansion of this facility to meet future demands ($28.5 M, 13 MGD by 2020) from its purchasers including City of Aventura residents. 3.6 Conservation Both MDWASD and the City of North Miami Beach are addressing water conservation and reuse issues and implementing measures to reduce the per capita water consumption. They have identified alternative water supply projects, conservation and reuse programs, and capital improvement projects necessary to meet the projected water demands within their respective service areas. Miami DRAFT- December 9, 2008 13 DRAFT-City of A ventura Water Supply Facilities Work Plan Dade County recently passed an ordinance relating to water use efficiency standards that amends the Florida Building Code requiring use of high efficiency appliances and fixtures. All projects within the City of Aventura will be required to comply with these new standards because all water and sewer projects require approval from Miami Dade MDWASD and the City of North Miami Beach. The City of Aventura will cooperate with both utility providers to be consistent with their plans and requirements for water conservation and reuse as it relates to indoor and outdoor water use for all development types. 3.6.1 County-wide Issues The Miami-Dade Water Use Efficiency Plan Currently, the MDWASD is implementing all Best Management Practices (BMPs) included in its 20-year Water Use Efficiency Plan, which was approved by the South Florida Water Management District in May 2007. Water Conservation Plans and Development Codes In addition, all of the MDWASD's wholesale customers are required to submit a Water Conservation Plan to its Water Use Efficiency Section as mandated by County Ordinance 06-177, Section 32-83.1 of the Miami-Dade County Code. The Plan will identify Best Management Practices (BMP) based on population characteristics and type of service for each municipal service area. Miami-Dade County has developed recommendations for new development that would achieve higher water use savings than currently required by code. The recommendations were developed by an Advisory Committee and were presented to the Board of County Commissioners (BCC) on June 5, 2007. These water conservation recommendations were adopted by Ordinance (08-14) on February 5, 2008. This ordinance was amended on September 2, 2008 to clarify certain standards for plumbing fixtures and change the effective date to January 1, 2009. These water efficiency recommendations represent an additional 30 percent to the water savings identified in the 20-year Water Use Efficiency Plan. All applicants will be required to comply with these future code requirements. The list of recommendations submitted to the BCC and the ordinance relating to water use efficiency standard are included in in MDWASD's Work Plan and are also posted in the Miami-Dade Water Conservation Portal. Per Capita Consumption Furthermore, the MDWASD will establish per capita consumption for all municipalities including those in its retail customer service area. Based on this data, the MDWASD will work with the municipalities to address those with higher than average per capita and will target programs for those areas. The County anticipates that the implementation of the Best Management Practices identified in the 20-year Water Use Efficiency Plan will result in an adjusted system wide per capita of 147.82 gpcd by 2027. DRAFT- December 9, 2008 14 DRAFT-City of A ventura Water Supply Facilities Work Plan 3.6.2 Local Government Specific Actions, Programs, Regulations, or Opportunities The City will coordinate future water conservation efforts with the MDWASD, the City of North Miami Beach and the SFWMD to ensure that proper techniques are applied. In addition, the City will continue to support and expand existing goals, objectives and policies in its comprehensive plan that promotes water conservation in a cost- effective and environmentally sensitive manner. The City will continue to actively support the SFWMD, Miami-Dade County and the City of North Miami Beach in the implementation of new regulations or programs that are designed to conserve water during the dry season. MDWASD is currently implementing various water conservation projects. The County's Water Use Efficiency Five-Year Plan includes measures that will reduce demand by 19.2 MGD over the next 20 years. Some of the conservation projects include bathroom and kitchen retrofits program, Miami-Dade green lodging and restaurant program, rebates for high efficiency toilets and washers, and landscaping irrigation evaluations. All of these programs are available to the residents of the City of Aventura because MDWASD is the water supply provider. 3.7 Reuse 3.7.1 Regional and County-wide Issues State law supports reuse efforts. In recent years, Florida's utilities, local governments, and water management districts have led the nation in implementing water reuse programs that increase the quantity of reclaimed water used and public acceptance of reuse programs. Section 373.250(1) F.S. provides that "water reuse programs designed and operated in compliance with Florida's rules governing reuse are deemed protective of public health and environmental quality." In addition, Section 403.064(1), F.S., provides that "reuse is a critical component of meeting the state's existing and future water supply needs while sustaining natural systems." The City of Aventura supports water reuse initiatives under consideration by SFWMD, Miami-Dade County and the City of North Miami Beach. The County has committed to implement a total of 170 MGD of water reuse as noted in the County's 20-year water use permit. In the 20-year Work Plan, the County identified a number of water reuse projects and their respective schedule. According to the Plan, "reuse projects to recharge the aquifer with highly treated reclaimed water will be in place before additional withdrawals over the base condition water use are made from the Alexander Orr and South Dade subarea wellfields. In addition, reuse irrigation projects are anticipated for the North and Central District Wastewater Treatment Plants. These projects will be implemented in the Cities of North Miami and North Miami Beach, and are currently under construction for Key Biscayne." 3.7.2 Local Government Specific Actions, Programs, Regulations, or Opportunities DRAFT- December 9, 2008 15 DRAFT-City of A ventura Water Supply Facilities Work Plan The City will support the SFWMD, Miami-Dade County and the City of North Miami Beach water reuse projects, and implementation of new regulations or programs designed to increase the volume of reclaimed water used and public acceptance of reclaimed water. 4.0 CAPITAL IMPROVEMENTS 4.1 Work Plan Projects The work plan projects for both MDWASD and the NMB utilities are described in the agency's work plans which have been incorporated by reference. The ones that directly affect the City of Aventura are MDWASD's Floridan Aquifer Blending Wellfield at Hialeah/Preston (4.7 MGD, $10.3M) and the New Upper Foridan Aquifer Reverse Osmosis WTP (8.5 MGD, $93M) and NMB's Floridan Aquifer Reverse Osmosis (RO) Water Treatment Plant (13 MGD, $28.5 M). 4.2 Capital Improvements Element/Schedule The capital improvement projects for both MDWASD and the NMB utilities are described in their respective work plans. MDWASD is in the process of completing the Floridan Aquifer Blending Wellfield at Hialeah/Preston (4.7 MGD, $1 a.3M) and the New Upper Floridan Aquifer Reverse Osmosis WTP (8.5 MGD, $93M). The City of NMB is developing the Floridan Aquifer Reverse Osmosis (RO) Water Treatment Plant (13 MGD, $28.5 M). DRAFT- December 9, 2008 16 DRAFT-City of A ventura Water Supply Facilities Work Plan 5.0 GOALS, OBJECTIVES AND POLICIES The following goals, objectives and policies are 1) related to water supply planning and use; 2) contained in the City's Comprehensive Plan; and 3) adopted as the goals, policies and objectives of the Work Plan. Underlined provisions indicate proposed additions to existing text. Stricken through provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. LAND USE ELEMENT OBJECTIVE 7 All public and private activities regarding the use, development and redevelopment of land and the provision of urban services and infrastructure shall be consistent with the goals, objectives and policies of this and all elements of the Comprehensive Plan, recognized Population Estimates and Projections, and future uses designated on the adopted Future Land Use Plan (FLUP) map. Measure: Number of development actions that are inconsistent with the Goals, Objectives and Policies of the adopted Aventura Comprehensive Plan. Policy 7.1 All development orders authorizing a new land use or development, or redevelopment, or significant expansion of an existing use shall be contingent upon an affirmative finding that the development or use conforms to, and is consistent with the goals, objectives and policies of the Plan including the Land Use Plan Map. Policy 7.2 The City. throuQh its Land Development ReQulations and in coordination with the Ten-Year Water Supply Facilities Work Plan will coordinate current land uses and any future land use chanQes with the availability of water supply system. Pol icy 7.3 The City shall require proposed amendments to the Future Land Use Map provide data and analysis demonstratinQ adequate water supply and facilities are available. DRAFT- December 9, 2008 17 DRAFT-City of A ventura Water Supply Facilities Work Plan INFRASTRUCTURE ELEMENT Infrastructure Goal 1 Provide for potable water and sanitary sewer facilities which meet the city's needs in a manner that promotes the public health, environmental protection, and economic opportunity. OBJECTIVE 1 The City of Aventura shall continue to coordinate service to ensure the orderly and efficient provision of water and sewer services at adopted levels of service. Policy 1.1 All new uses within the City shall be connected to a public water supply. Exceptions may be provided for residential uses at a density no greater than two units per acre, where primary drinking water quality standards as specified in the Florida Administrative Code can be met without treatment and the groundwater is free from saltwater intrusion. OBJECTIVE 2 The City of Aventura shall continue to coordinate service with a provider who maintains procedures to ensure that any facility deficiencies are corrected and that adequate facility capacity will be available to meet future needs. Policy 2.1 To assure an adequate level of service, potable water and sanitary sewer facilities shall meet the following level of service standards, as adopted by Miami-Dade County Water and Sewer Department and the City of North Miami Beach, the City's current service provider~. 1) Potable Water Supply Area Serviced bv Miami-Dade Water & Sewer Department (a) The system shall operate with a rated maximum daily capacity which is no less than 2 percent above the maximum daily flow for the preceding year, and an average daily capacity 2 percent above the average daily per capita system demand for the preceding 5 years. (b) Water shall be delivered to users at a pressure no less than 20 pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the DRAFT- December 9, 2008 18 DRAFT-City of A ventura Water Supply Facilities Work Plan Miami-Dade Fire Department, minimum fire flow based on the land use served shall be maintained as follows: Land Use Single Family Residential/Estate Single Family, Duplex, and Residential on minimum lots of 7,500 sf. Multi-Family Residential Semiprofessional Offices, Hospitals, Schools Business and Industry Min. Fire Flow 500 gal/min 750 gal/min 1,500 gal/min 2,000 gal/min 3,000 gal/min (c) Water quality shall meet all federal, State and County primary standards for potable water. (d) System-wide storage capacity for finished water shall equal no less than 15 percent of the system average daily demand. Area Serviced bv North Miami Beach Potable Water: the City's water system shall provide 144 qallons per person per day at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a water pressure of 40 pounds per square inch (psi) althouqh 20 psi is the leqal minimum. Policy 2.3 Except as provided by Objective 1 and the supporting policies, no development order authorizing new development or a significant expansion of an existing use shall be issued for any area of the City which is served by a potable water or sanitary sewer facility which does not meet the standards in Policy 2.1 or will not meet these standards concurrent with the completion of the development. In any case where these federal, state, or county standards referenced in Policy 2.1 are revised, a reasonable time for compliance with the new standards shall be allowed. Prior to approvinq a buildinq permit. the City shall require that adequate water supplies to serve the new development will be available no later than the anticipated date of a certificate of occupancy or its functional equivalent. Policy 2.4 The provider shall maintain procedures and programs to monitor levels of service of each facility for use by agencies which issue development orders or permits. DRAFT- December 9, 2008 19 DRAFT-City of A ventura Water Supply Facilities Work Plan Policy 2.6 The City shall continue to coordinate with a provider who shall continue the expansion of existing water and wastewater treatment plants to meet demand through the year ~ 2025. Policv 2.7 The City shall create and adopt a Ten-Year Water Supply Facilities Work Plan that is consistent with the South Florida Water Manaqement District's Lower East Coast Reqional Water Supply Plan. Miami-Dade Water and Sewer Department's Work Plan, and the City of North Miami Beach's Work Plan. The City's Work Plan will be updated within 18 months after the South Florida Water Manaqement District's Lower East Coast Reqional Water Supply Plan. Miami-Dade Water and Sewer Department's Work Plan. and the City of North Miami Beach's Work Plan are updated. The City of Aventura, Florida. Water Supply Facilities Work Plan dated December 9.2008 is herby adopted by reference. OBJECTIVE 4 The City shall develop and implement a comprehensive water conservation program to ensure that a sufficient, economical supply of fresh water is available to meet current and future demand for potable water without degrading the environment. Policy 4.1 The City's newsletter shall be used to promote an educational program for residential, commercial and industrial consumers which will discourage waste and conserve water. Policy 4.2 Enforce requirements, and establish new requirements and procedures as needed, to assure that low water usage plumbing fixtures are used in all new buildings or in conjunction with permitted renovations in accord with the South Florida Building Code, Miami-Dade County addition and the Florida's Water Conservation Act, Section 553.14, F.S. Improved procedures to conserve water for plumbing inspections and mechanisms for approving products for installation shall be considered by the City's Building Division. Policy 4.3 The City of Aventura Community Services Department shall take all necessary steps to ensure compliance with the City's landscape regulations, and shall establish mechanisms to monitor and measure the effectiveness of the ordinance and its major provisions. DRAFT- December 9, 2008 20 DRAFT-City of A ventura Water Supply Facilities Work Plan OBJECTIVE 5 The City of Aventura shall undertake timely efforts to expand traditional sources of raw water and develop new raw water sources to meet the City's level of service standards for water supply. Policy 5.1 The City of Aventura shall encour3ge support Miami-Dade County and the City of North Miami Beach in the development of their its future potable water supplies, to the maximum extent feasible, utilize methods which preserve the integrity of the Biscayne Aquifer, protect the quality of surface water and related ecosystems, and comply with the land use and environmental protection policies of the Miami-Dade County CDMP, North Miami Beach, the Strategic Regional Policy Plan for South Florida, and the State Comprehensive Plan. Policy 5.2 When reclaimed water becomes available, the City shall consider its use on public and private properties. Currently, the Miami-Dade Water and Sewer Department and North Miami Beach is are responsible for implementing any reuse that is deemed by the County to be economically feasible. Policy 5.3 The City shall create a Ten-Year Water Supplv Facilities Work Plan that is consistent with review the 'N3ter supply f3cility the work plans of Miami-Dade County MDWASD and the City of North Miami Beach, as they are adopted and/or periodically updated, in order to identify alternative projects that will increase its water supply, and shall coordinate with Miami-Dade County and the City of North Miami Beach, as appropriate, in the implementation of these projects. Infrastructure Goal 2 OBJECTIVE 2 The aquifer recharge and water storage capacity of presently undeveloped areas shall be maintained or increased. Additionally, the City shall protect against environmental damage such as altering hydro cycles. Policy 2.3 Water conserving irrigation and other landscape practices such as Xeriscape shall be used wherever feasible. Through its site and landscape reviews, Aventura shall DRAFT- December 9, 2008 21 DRAFT-City of A ventura Water Supply Facilities Work Plan ensure that appropriate native and xeriscape plant materials are used, particularly where public water is used to water lawns, golf courses and landscaped green spaces. Policy 2.4 The City shall consider participation in water reuse demonstration projects that are developed. AQUIFER RECHARGE GOAL To protect the City's natural drainage features and enhance the capabilities of the groundwater recharge areas. OBJECTIVE 1 The City shall support the efforts of the County Miami-Dade County Water and Sewer Department and the City of North Miami Beach to identify significant ground water resources and protect them through land use controls, public acquisition, easements or other appropriate methods. Policy 1.1 The City shall implement a program to monitor groundwater supply conditions in conjunction with the Miami-Dade County and the South Florida Water Management District. Policy 1.2 The City, in conjunction with Miami-Dade County, shall develop and adopt minimum environmental standards regarding: prime recharge area protection, water table manipulation, and wellfield drawdown standards. Policy 1.3 The City shall institute a comprehensive program responsible for educating businesses and residents of: the County's current water conservation policies, the fragility of the aquifer, methods to reuse and conserve water, well abandonment problems and rules, and benefits of drought resistant plants (xeriscape). Policy 1.4 The City shall adopt policies to protect the Biscayne aquifer. These shall include policies which address: 1. Public wellfield and landfill siting DRAFT- December 9, 2008 22 DRAFT-City of A ventura Water Supply Facilities Work Plan 2. Siting of industrial land uses which use hazardous materials or generate hazardous waste 3. Siting of hazardous waste collection facilities for households 4. Additional protection of the aquifer from saltwater intrusion 5. If necessary, support the expansion of the Hazardous Material Emergency Response Team CAPITAL IMPROVEMENTS ELEMENT CAPITAL IMPROVEMENT GOAL Aventura shall, in a fiscally prudent manner, plan for and manage its facilities and infrastructure in order to adequately serve current and future residents while efficiently using and maintaining existing public investments, and making timely provision of required new capital investment. [9J-5.016(3)(a)] OBJECTIVE 2 Upon adoption of this Plan, land use decisions will be made in the context of available fiscal resources such that scheduling and providing capital facilities for new development will not degrade adopted service levels and/or negatively impact hurricane evacuation clearance times. [9J-5.016(3)(b)(4)] Policy 2.4 The Five-Year Capital Improvements Program, or the City's contract providers as appropriate, shall incorporate the identified capital investments from each functional element and will be based on the following LOS standards: [9J-5.016(3)(c)4] Potable Water Supply Area Serviced bv Miami-Dade Water & Sewer Department: a) The treatment system shall operate with a rated maximum daily capacity which is no less than two percent (2%) above the maximum daily flow for the preceding year, and an average daily capacity two percent (2%) above the average daily per capita system demand for the preceding five (5) years. Water shall be delivered to users at a pressure no less than twenty (20) pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade Fire Department or successor entity, minimum fire flow, based on the land use served, shall be maintained as follows: DRAFT- December 9, 2008 23 DRAFT-City of A ventura Water Supply Facilities Work Plan Minimum Fire Flow Land Use Gallons per Minute Single Family Residential Estate Density Single Family and Duplex Residential on Minimum lots of 7,599 ft2 Multi-family Residential, Semiprofessional Offices Hospitals, Schools Business and Industry 500 750 1,500 2,000 3,000 b) Water quality shall meet all federal, state and county primary standards for potable water. c) System-wide storage capacity for finished water shall equal no less than fifteen (15) percent of the system-wide average daily demand. Area Serviced bv North Miami Beach Potable Water: the City's water system shall provide 144 qallons per person per day at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a water pressure of 40 pounds per square inch (psi) althouqh 20 psi is the leqal minimum. INTERGOVERNMENTAL COORDINATION ELEMENT INTERGOVERNMENTAL COORDINATION GOAL Use intergovernmental coordination as a major means of ensuring consistency among local, county and regional government plans and policies and of implementing Aventura's Comprehensive Plan. OBJECTIVE 2 Coordinate with local, regional, and state entities with responsibilities in the establishment of Level of Service standards. Policy 2.3 The City shall support, as appropriate, Miami Dade County's and North Miami Beach's development and implementation of the '/Vater Supply Facilities Work Plan required by Florida Statute and the v./ater conservation efforts of other agencies. The City shall ensure coordination of its comprehensive plan with the most current South Florida Water Manaqement District. Miami-Dade County Water and Sewer Department and North Miami Beach Water Supply Plans when proposinq and/or amendinq the City's Ten-Year Water Supply Facilities Work Plan. The City's Work DRAFT- December 9, 2008 24 DRAFT-City of A ventura Water Supply Facilities Work Plan Plan shall be updated within 18 months after the South Florida Water Manaqement District updates the Lower East Coast Reqional Water Supply Plan. The City shall maintain a record of City staff attendance and participation in appropriate interqovernmental and/or multi-jurisdictional coordination efforts (i.e. meetinqs. workshops. committees. aqreements. etc.). Policy 2.4 The City shall ensure and identify the consistency of local level of service standards by annually contactinq Miami-Dade County Water and Sewer Department and North Miami Beach as the City's service providers. to obtain current information, includinq populations. level of services. service areas. water supply facilities. implementation schedule of required potable water conservation and reuse measures and evaluate if future modification to either the service aqreement or level of service standards should be included in subsequent Comprehensive Plan Amendments. This contact may be by way of meetinq of the Miami-Dade Planners Technical Committee or by mutually aqreed upon tri-party meetinqs. CONSERVATION & COASTAL MANAGEMENT ELEMENT The goals, objectives, and policies for the conservation element have been combined with the goals, objectives, and policies for the coastal management element because they are complementary within a coastal community such as Aventura. CONSERVATION GOAL To achieve a balanced environmental system that conserves, encourages the thoughtful use, and protection of resources, and natural environmental systems while considering the existing built environment. [9J-5.013(2)(a)] OBJECTIVE 8 Secure the provision of potable water in sufficient quantity to meet present and projected needs commensurate with reasonable anticipated demand. Policy 8.2 In order to comply with policies of the South Florida Water Management District directed toward conservation of potable water supply and to achieve a reduction in the current rates of water consumption the following performance standards shall apply: · Where non-potable alternative sources of irrigation water are available potable water supplies may not be used to meet irrigation needs. DRAFT- December 9, 2008 25 DRAFT-City of A ventura Water Supply Facilities Work Plan . The City of Aventura shall encourage coordinate with the Miami-Dade Water and Sewer Department (MDWASD) and the City of North Miami Beach to study the feasibility of using reclaimed water as one method of reducing the amounts of potable water used for non-potable activities. . Require the use of water-saving plumbing fixtures in all new developments as required bv Miami-Dade County Ordinance 08-14. . Require the use of water-saving plumbing fixtures when plumbing fixtures are replaced or retrofitted. . In order to reduce demand for irrigation water (which in turn often places greater demand upon potable water sources), at least seventy percent (70%) of all landscaping material obtained from off-site sources for use on any site should be native plant material adapted to soil and climatic conditions existing on the subject site such as landscapinQ principles identified in FDEP LandscapinQ Irriqation and Florida-Friendlv DesiQn Standards. . To further reduce water demand at least fifty percent (50%) of all trees used in landscaping shall be native species adapted to soil and climatic conditions existing on-site. Policv 8.3 The City of Aventura will cooperate with MDWASD and the City of North Miami Beach to require that before the issuance of a buildinQ permit or its functional equivalent, adequate water supplies to serve the new development will be available no later than the anticipated date of issuance bv the local Qovernment of a certificate of occupancy or its functional equivalent. Policy 8.3 Policy 8.! The City of Aventura shall continue to cooperate with local, regional, state and federal agencies for the management of fresh water resources to maintain adequate fresh water supplies during dry periods and to, when practicable, conserve water. Policy 8.4 Policy 8.~ The City of Aventura shall continue to cooperate with MDWASD, the City of North Miami Beach and the South Florida Water Management (SFWMD) for the implementation of water demand management policies and programs. DRAFT- December 9, 2008 26 DRAFT-City of A ventura Water Supply Facilities Work Plan Policy 8.5 Policy 8.~ The City of Aventura shall continue to require compliance with all applicable federal, state, regional and county water quality standards. Policy 8.6 Policy 8.I The City of Aventura shall cooperate with MDWASD, the City of North Miami Beach and the SFWMD to conserve water resources during emergencies. Policy 8.7 Policy 8.~ The City shall adopt a Ten-Year Water Supply Facilities Work Plan. The City shall coordinate implementation of the Work Plan's qoals, obiectives and policies with the work plans of support, as appropriate, the South Florida Water Manaqement District. Miami-Dade County Water and Sewer Department and the City of North Miami Beach:. in their de'.'elopment and implementation of the \f\Jater Supply Facilities VVorkplan required by Florida Statute, The City shall also coordinate its efforts to conserve water with the efforts of these aqencies in their aOO tRe water conservation efforts and other agencies. DRAFT- December 9, 2008 27 DRAFT-City of A ventura Water Supply Facilities Work Plan . . u \ i! ::l CD c 1 ::I . U C ~ :> \ .. 0( ~ ;; :5 ... ... .. '" '" ~ ui [] u.i "0 Not to Scale z z u NE. 215th Sir.Bt _ Serviced by Miami-Dade WASA _ Serviced by City of North Miami Beach NE. 199th Strut Ne. 11l'Srd Str",.t NE. 167th Str",.t 28 DRAFT- December 9, 2008 <C c::: ::J J: I- Z ::.:!: - w CQ ~ <C ;;;: U- s:: 0 0 ~ :;:; 0 CI) 0 en OJ c 0 t::! OJ OJ OJ E L: ro c ro OJ a.. .Q z rJ) - C. t c C 0 'C OJ ~ () .~ > rJ) l5 "0 OJ OJ <( (j) 0 .... .... 0 0 N N II) II) ~ II) II) ,... ,... 0 ~ CQ CQ .... 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Anibal Acevedo Vila makes the comments on a four-minute video postedSunru.y on the social networking site Facebook. The outgoing governor says "although I com- mitted errors, like all human beings, I always did what I understood 10 be correct and right." He did not specify his mistakes. Acevedo was ousted in November elections by a chal~ lenger who pledged to fight crime and spur the island's ail- ing economy, which i.dn its third year of recession. He faces a corruption trial in February for alleged cam- paign tinance violations, but denies any wrongdoing. . MEXICO MIGRANT SMUGGLER SENTENCED TO 60 YEARS MEXICO CITY - Mexican prosecutors say they won a eO-year prison term for a human smuggler who helped about 200 people sneak into the United States, induding Hezbollah supporters. Salim Boughader Mucharraiille was arrested in 2002 and convicted on organized-crime and immigrant-smuggling charges. Boughader, a Mexican of Lebanese descent, rom a cafe in the city ofTijuana, across the border from San Diego. Among those he smuggled were sympathizers of Hezbol- lah, a Lebanon-based group that U.S. authorities have labeled a terror org-.mization. . VENEZUELA CHAVEZ SPARS WITH CATHOLIC LEADER CARACAS - President Hugo Chavez is criticizing a top Roman Catholic leader for opposing a planned referendum that would end presidential term limits. Chavez accuses Cardinal Jorge Urosa of "trying to manipulate" public opinion ahead of the vote, which is expected in February. Urosa has criticized the proposed constitutional amend- ment, which would let Chavez run for reelection indeti- nitely. Voters last year rejected a packagt~ of constitutional changes, including an end to term limits. Urosa s.'l.ys the constitution prevents such a proposal (rom coming to vote twice in the same presidentiallerm. Chavez on Sunday said the Catholic leader was wrong and accused him of lying, which he called a userious sin." MEXICO THE AMERICAS MiamiHerald.com I THE MIAMI HERALD Hard line against gangs spawns more bloodshed $S A government crackdown on Mexican drug gangs has weakened them but at the same time heightened the incidence of violence. BY DUDLEY ALTHAUS hDuston C~rol'ic;H MEXICO CITY - Even as accused mob boss Osiel Cardenas awaits a federal trial in Houston next year, the criminal army he allegedly commanded with deadly resolve rampages across Mexico. Cardenas, 41, has been imprisoned for six years - four in Mexico and two in the United States since his extra- dition to Houston. He faces federal charges of leading a drug syndicate. trafficking cocaine and marijuana, laun- dt~ring money and threaten- ing the lives of U.s. agents. Though weakened by a crackdown, Cardenas' Gulf Cartel and the military-style gang o{ assassins it spawned, the Zetas, remain powerful and widely feared. Their gunmen have spread violence deep into the Mexi- can heartland and Central America. Mexican officials blame the organization for many of this year's estimated 5,600 gangland murders. Now, as President Felipe Calderon's war on Mexico's gangs enters its third year, the Gulf Cartel's resilience underscores the challenges facing Calderon. While he has approved more than 150 extraditions of alleged drug- syndicate bosses and gunmen, the cartel and other crime organizations have continued to threaten Mexico's stability and smuggle narcotics to u.s. users, Mexican and American officials acknowledge. OVER 2000 LUXURY VEHICLES UNDER ROOF! Sr.m.nMI.ml.cam ~~~.= ..~..~I~'i ~~. ~~~.~~'~~~ Year-End Sales Event Hurry...AII Offers End December 31". 0.9. o.Vo Financl"ng '''";PD~,~c""JM~I~1 A.RR CertJfiEl(jPre.O""nedBMWs. 8\. 1,;, n..UllImolCl om.;~lIMoc~;,," ~d~~ ~ :oC~P,c.~d", ~~, :::C:~P,t.~;l:'^ ~. . .. 232~~W ~.. .. w.n x~~:Si Automatic . . Automatic ~ 9~t~t,~ 9~~~! 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()ff{>rsrurH '2131(;8 #232ilA.~HAC IN CUSTODY: Drug trafficker Osiel Cardenas Guillen led the Gulf Cartel And, they admit, the extra- ditions have stoked the blood- shed rather than snuffed it. While the offensive has been on multiple fronts, the Gulf Cartel arguably has been the Calderon government's principal target. Aside {rom Cardenas' extradition to Houston in January 2007, sev- eral other cartel leaders and hundreds of lesser hoods have been arrested. Recent blows include the November capture of the Zetas' third-ranking com- mander and the seizure the same month of some 400 smuggled weapons on the Texas border. Those events followed the September dis- mantling of a major Gulf Car- tel drug distribution network in the United States and Europe. But, though bowed, the cartel and its gunmen hardly seem broken. "If anything, the extradi- tion of Cardenas has led to an even more virulent form of the Gulf Cartel," said Bruce Bagley, an expert on Latin American narcotics gangs at the University of Miami. Mexican authorities blame the Zetas for the Sept. IS gre- nade attack on a crowd cele- brating Independence Day in the capital of central Michoa- can state, killing nine. On the outskirts of Mexico City and in states along the Pacific coast, gun battles involving the Zetas have killed scores - including dozens of police ofiicers. And Guatemalan police say the Zetas orches- trated an attack that killed 17 on the border with Mexico. That continued strength has mocked the hopes of some who argued that Cardenas' extradition would shatter his cartel. Gang war(are seems to have exploded in Mexico in 2008. In Tijuana, more than 400 have been killed since late September in a struggle between the former under- bosses of the Arellano Felix crime family. In Ciudad Juarez, gang warfare has killed more than 1,500 people since January when gunmen from Sinaloa state moved in to eliminate the citv's weakened criminal bosses'. Still more blood has .lowed in Sinaloa itself after former allies turned on one another. "There is a benefit in cut- ting down large organizations into little cartels, because they don't threaten the state," said Bagley, who has studied the impact of Colombia's extradition of its gangland chiefs in the 1990s. But, he said, "you leave a vacuum at the top, and you unleash more violence," Cardenas rillie to the top of his organization aiter the 1996 arrest of Gulf Cartel founder Juan Garcia Abrego. who was sent to the United States and convicted of narcotics-related charges in a Houslon federal court. Garcia Abrego, once a lord of the border, is serving multiple life sentences in a u.s. federal priSOIL By 1999, Cardenas was the undisputed head of the Gulf Cartel, which U.S. o{ficials say was smuggling 70 tons of cocaine a year into Texas. His downfall began the same year, after Cardenas and more than a dozen gunmen accosted and threatened to kill two U.S. federal agents on a Matamoros street. Alarmed by the gang's bra- vado, U.S. agencies launched a joint investigation into the cartel, which resulted in fed- eral grand jury indictments of Cardena." and several lieuten- ants in 2002. After his 2003 arrest in Matamoros, Cardenas was convkied of drug trafficking charges by a Mexican court bUl never sentenced. His u.s. trial has been delayed and is scheduled to begin in Septem- ber. He faces multiple life sentences. while jailed in Mexico, Cardenas continued to direct his organization, Mexican officials say, in a war with rivals that included the 2004-05 battles that killed more than 500 people in Nuevo Laredo. An intelligence report from Mexico's public security minister identifies 7..eta leader Heriberto Lazcano as the de facto head of the Gulf Cartel. U.S. and Mexican investiga- tors believe Cardenas' brother, Ezequie1. remains one of the gang's leaders_ Houston Chronicle reporter Dane Schiller contributed reporting from Houston. & CITY OF AVENTURA , '..I!! ., . ; NOTICE OF HEARING OF LOCAL PLANNING AGENCY ~ <~"" ,..,/' NOTICE OF AOOPTlON OF TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN Public Notice is hereby given that the Aventura City Commission, sitting as the City of Aventura Local Planning Agency, will meet in a public hearing on Tuesday, January 13, 2009 at 6:00 p.m. to review and recommend adoption of the following Ordinance to the City Commission: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING A TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT, THE INFRASTRUCTURE ELEMENT, THE CAPITAL IMPROVEMENTS ELEMENT, THE INTERGOVERNMENTAL CO-ORDINATION ELEMENT AND THE CONSERVATION & COASTAL MANAGEMENT ELEMENT OF THE CITY OF AVENTURA COMPREHENSIVE PLAN TO IMPLEMENT THE CITY OF AVENTURA TEN- YEAR WATER SUPPLY FACILITIES WORK PLAN REQUIRED PURSUANT TO CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIOING FOR AN EFFECTIVE DATE, Immediately following the Local Planning Agency meeting. the City Commission of the City of Aventura, as the governing body, will consider the above described Ordinance on first reading at a public hearing. All the above described Public Hearings will be held in the City Commission Chamber at City of Aventura Government Center, 19200 West Country Club Drive, Aventura. Florida. 33180. The proposed Ordinances may be inspected by the publiC at the Office of the City Clerk at the above address. Interested parties may appear atthe Public Hearings and be heard with respect to the proposed Ordinances. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk. (305) 466-8901. not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka. MMC. City Clerk ~ ::I: ::J I- ~ Z - CD W .... ~ ~ u.. c 0 0 ~ .. (.) CI) u t/) .. Q) c 0 N Q) li3 Cl E i....: C1l C C1l Q) a.. .2 z Ul - C. 'E c C .2 'C Q) 13 (.) .9:1 > Ul U "0 Q) Q) <( C/) 0 .... .... e e .... .... L/') L/') L/') L/') L/') ~ l"- I"- e CD CD .... 0l!I N N >< co co M a:I i....: Q) .0 E i....: :::l Q) Z Q) .0 Cl. E c >- 0 I- :::l 'E L.. Z Q) Q) 0 "0 Ul .!::l (5 <( c C/) () - G ~ e w ~ . ".,- ~ a! w ..c re> ...; I: CIl ;: o <> >- I: .. CIl .. o c. ~ c. l!! ~ - '0 ii. )C CIl >- .. ~ >- I: .. .5 ~ Vi "'" ~ ~ CIl > :;:; .. .~ CIl "0 CIl OJ l!! <> o I: >- .. E " o >- -0 CIl OJ <> :a .5 CIl Ol .. C. "0 I: .. CIl OJ "0 CIl :S c o "0 e " :J: 'E .. :i " .s::. I- .5 "0 ClO~ O~ Og. N-g ....... CIl O'):S _. OJ ".... :S ....... " Ng ~-8 .; CIl CIl CU .~ ......~ CO I: C~ .. C~ 0'; ._ 0 ....a. CO .!!l ug a; _CIl .c~ :J~ a..~ 16A I MONDAY, DECEMBER 29. 2008 INDIA AND PAKISTAN Al WORLD Tensions rise as diplomacy lags 'if In the absence of constructive dialogue, India and Pakistan - both facing internal pressures - ar9 acting tougher. BY MARK SAPPENFIELD AND SHAHAN MUFTI The Chli~tiiln Sc,el'ce Mc~,t()1 NEW DELHI - A month after the terrorist attacks in Murnbai, India and Pakistan are turning to brinksmanship because they haven't found a way to talk constructively. Both governments have spoken of their desire to avert war. yet each is constrained by strong public prejudice against the other. Neither wants to appear to capitulate, given that both (ace signifi- cant internal challenges. India's government is iac- ing elections next year, and Pakistan's civilian regime must be mindful of its coun- try's powerful army. Reports of provocative actions by both sides - with local residents confirming a redeployment of Pakistani troops from the Afghan bor- der - have forced the inter- national community to step up efforts to break the dead- lock. Influential new players such as Russia and China are becoming involved. The best option is to calm the situation and force the two nations to talk, said Ahmed Rashid, a political analyst in Lahore, Pakistan. "This is a significant thing;' he said, noting that Russia and China have broad influ- ence in India and Pakistan, respectively. Since the Nov. 26 attacks in Mumbai, which India blames on terrorist groups in Pakistan. both countries have alternated threats with con- ciliatory remarks. The pattern is intensifying. Pakistani Prime Minister Yousaf Raza Gilani said Sat- urday that "Pakistan will not indulge in any misadventure," insisting that Pakistan will not strike tint against India. Yet, a day earlier, local and international media oullets reported that Pakistan's army had postponed all leaves for soldiers to maintain a peak state of readines!'.. It also had redeployed soldiers from the Afghan front, where they are fighting militants, to the Indian front, the reports said. AMERICAN CONCERN The redeployment has been characterized as minor, 'With Pakistani officials calling it a "minimum defense mea- sure." Yet, it's preciselywhal the United States wished to avoid. With many Afghan mil- itants maintaining command- and-control hubs in Pakistan's tribal areas, a few dozen miles from here, the United States wants Pakistan to focus its military might on its Afghan border, not on India. But any such move would play well in Pakistan. Habib Zade, a social worker based near Mardan, said that some people in the area are pleased to see the army go. "They're glad that finally, after so much lighting between our- selves, we have a common enemy to fight," he said. Nasir Khan, a farmer, isn't so sure that redeployment is a good thing. "Who's to say that the Taliban won't just start coming back down here again?" he said. The fact is that neither Pakistan nor India has the political security to offer an olive branch to lhe other, said Shuja Nawaz, author of Crossed Swords: Pakistan, Its Anny and the Wars Within. "Weak governments are worried about being per- ceived as even weaker," he said. "This is more about domestic politics than any- thing else." As a resull, each govern- ment has failed to reach out to the other. Today, they are holding essentially to the same lines they set forth in the days after the attacks - India demanding that Paki- stan take action against a list of alleged terrorists, and Paki- stan saying India has given no evidence of their guilt. With no movement diplo- CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT TO ORDINANCE NO. 2008-09 Public Notice is hereby given that the City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, January 13, 2009 at 6:00 p.m. to review and recommend adoption of the following Ordinances to the City Commission: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 6 "EFFECTIVE DATE" FROM JANUARY 1, 2009 TO APRIL 1, 2009 OF ORDINANCE NO. 2008-09 ADOPTED ON APRIL 8, 2008, WHICH ORDINANCE ESTABLISHED A TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN THE CITY OF AVENTURA; PROVIDING FOR INCLUSION IN THE CODE; PROVIOING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Immediately following the Local Planning Agency meeting. the City Commission of the City of Aventura, sitting as the governing body, will consider adoption of the above described Ordinance on first reading at a publiC hearing and will again consider the above described Ordinance for adoption after second reading at a public hearing on Tuesday, February 3, 2009 at 6:00 p,m. All above described Public Hearings will be held in the City Commission Chamber at the City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Ordinance may be Inspected by the public at the Office of the City Clerk at the above address. Interested parties may appear at the Public Hearings and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Cierk, (305) 466-8901. no later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, MMC. City Clerk mati cally, tensions have slowly escalated. Pakistan's apparent decision to redeploy some troops to the Indian border follows Indian jets reportedly violating p..ik:istani airspace on Dec. 13. Pakistan has used India's refusal to rule out military strikes "to whip up war hyste- ria," which, in turn, antago- nizes India, said Rashid, the analyst in Pakistan. "We're in a very vicious cycle." It's this cycle that the international community seeks to break. OTHERS INTERVENE Perhaps more significantly, a host of other nations are also becoming more involved in trying to calm the two nuclear-armed rivals: . Chinese Foreign Minis- ter Yang Jiechi called his counterparts in India and Paki."tan late last week, saying they should "properly han- dle" the situation. . Saudi Arabia's foreign minister was in New DeIhl this weekend to be briefed on India'Ji claim thai Pakistanis were behind the Mumbai attacks. . On Saturday, Indian Prime Minister Manmohan Singh called Iranian President Mahmoud Ahmadinejad to ask for his support in preJisur- ing Pakistan. . Also Saturday,Russia,a longtime ally of India, issued a slatement saying it was "extremely concerned" about the tensions. Sappenfield, a Christian Science Monitor staff writer, reported from New Delhi. Mufti, a Monitor correspon- dent, reported from Takht-e- Bha~ f'akistan. GHANA MlamiHerilld,wm ! THE MIAMI HERALD Presidential runoff looks smoothly run 'ffill No major problems were seen as Ghana staged a runoff to settle a closely contested presidential election. BY FRANCIS KOKUTSE k;,ocial"dPr(>ss ACCRA, Ghana - Gha- na's presidential runoff vote appeared to go smoothly Sunday, observers and ana- lysts said, even though the West African nation's ruling party and opposition tTaded allegations of rigging. Nana Akufo-Addo of the ruling party faced opposition candidate John Atta Mills, whose campaign maintains that the country's economic growth has not been felt in people's wallets. "On Ihe whole, the elec- tion has been peaceful, 'With just some queues at some of the polling stations too long and too slow," said Kwesi Jonah, a scholar-in-residence al the Institute of Demo- cratic Governance, an inde- pendent think tank. President John Kufuor is stepping down after two terms in office in what is expected to be Ghana's sec- ond successful handover of power from one legitimateJy elected leader to another. Observers with The Carter Center, founded by former President Jimmy Carter, have said the first- round Dec. 7 vote was exem- plary. Ghana is one of Afri- ca's few stable democracies. Neither candidate, though, secured enough votes to win the election outright. Akufo-Addo received 49.13 percent, while . Superl'" 119hlqu.I>II"C(lrlsumes75'lOIe,.,en"(II'<0I\1I"!re~bJ65WBR30incan<le"<en1I""'p . Use" less Ihan 1~ ,..tis ' 600 II.I'l>e<l Olllput . Projecl.~ 50.000 hou Ide . WilIJ'I1cd0l1eml"!ratu" I:\OOO.Kwilh CRI (tiler 1.ll). Grea1e! th.... 40 lumens perwaU 'DlITrn"~.' Des<goed t~ last' \IIrtually maintenance he' Ttvn V..r limlteo warranty Saves Money, Seves Energy/ Celebrate Join in the spirit of Black History Month! South Florida's Black Community E"h,....',TheMiamiHe"td'hmni't.' "''''''pli'hrnenl5oISuuthFlorida',u"dc comm<Joityin "fascinamg,pociidsortiorl Get your message in this popular special section. TI"l>BIaclcHistcryl>lordl.orualpublicatioo i,widealforurntoodd",,,,.wider.nge uf ios""" .n~ ...a(!J" robu>!. growing <on;"",,"raudiom::e_Th.rt""'ol Flor'dlran<sSthintat.IMri<:.n Arneri,anhou..holdinmme- $41bittion'annu.Uy_ Make the power of the Web work for you. u.et..m>menOOu,r""chofU-..Int.rnet 10 mmmu"kat, wilh.rI e..n trigger audie"".lnad<litionto,how<.,I"!J l"",ad in print,th;,.,m.. BladcHirtol)' :~e,~~a~':~~~ .ppe." onti"" 101 up e!hr ]fiia1l'.~l~!~ q; Black History Month Spedal Section _p"",,,Sundav, FebruaryB,20D9 Janu3ryl1 ~-'] Vii .CROSS IlOWf< 7) Open an -r ! like Sunday morning. I~ A with BankAtlanlic today! I AKUFO-ADDO MILLS Atta Mills received 47.92 percent. During Sunday's runoff, the opposition alleged that 33 of its polling agenls had been arrested in the Ashanti region, a perceived ruling party stronghold. "It would therefore be dif- fiC'Ult for us to accept the fig- ures irom the region and, consequently, the entire results of the elections," Alex Seghefia, campaign coordinator of the National Democratic Congress, told the Associated Press. The ruling New Patriotic Party, however, rebutted the allegation, saying the Ashanl! region was its stronghold and it would not do anything to put the results from that area in doubt. "We have also had reports of people snatching ballot boxes in order to destroy voting and we know these are not our party sup- porters," ruling party spokesman Arthur Kennedy said The top U.S. envoy for Airica cautioned the politi- calleadership to handle the runoff wilh care to avoid inciting people. "In my tour of various polling stalions, there have been a lot of allegations from both parties and it therefore requires the leaders oi the parties to be circumspect and behave responsibly," said Jendayi Frazer, the U.s. assistant secretary of state jor African aHairs. David Pottie with The Carter Center said ballot counting was under way Sunday night and that the group had been receiving partial preliminary reports from across the country. While the group had heard of "some irregularities in a few locations," pottie sllid they had not at this point received a large number of such reports. About 5,000 security per- sonnel were deployed acmss the country betore Sunday's vote. During the first round, there were tensions between supporters of the two main parties, and isolated cases of violence at polling stations in the country's interior. Ghana, a rare example of democracy in a region of totalitarian states, suffered back-to-back coups in the 1970s and 1980s. But after ruling tor Il years, strongman Jerry Rawlings organized elec- tions. He won two terms, then surprised the world by ceding power when his par- ty's candidate lost to Kufuor in the 2000 vote. For Ghanaians, it's impor- tant that the election goes off without ballot stuft1ng and violence that continues to plague African elections. Ever since 1957, when it became the lirst nation in Atrica to declare indepen- dence from its colonial ruler, Ghana has had the weight of history on its shoulders. Ghana has seen over 6 perL'Cnt growth sm<:e Akufo- Addo's party took oftke eight years ago. Investment has grown and oil was. dis- <:ovcrcd last year oft the coast. U1 i :F.7i7~ _ Aorlda's Most COI"IVeIUeot Bank 1-888-7 -DAY-BANK [~Jl R.l"k~~~~~::~~~~~~~~_~==J ~ :I: ::J I- ::ii: z - .... w .... ~ <C <( LL C 0 0 ~ :;: CJ CI) () U) Q) C 0 N .. Qj Q) OJ E ;..: ell C 0 ell Q) 0- li z rJ) C C 'E 0 .;:: Q) ~ CJ .~ > rJ) G "0 Q) Q) <( (j) 0 .... .... 0 0 N N 0 0 ~ ~ ~ N N 0 :i: ..... ..... .... ~ N N >< CIO CIO M IXl ;..: Q) .0 E ;..: ::J Q) Z Q) .0 Cl. E c >. 0 I- ::J 'E L. Z Q) Qj 0 "0 rJ) .~ -0 <( 1: (j) U e CO 0 0 ,Q N ....... ...... 0 5 M ....... N W ~ ~ (1) . ...... ..... ~ ns C c: i 0 .- ..... ns W (J .- ..&:. - .c Ie) ::s D.. THE MIDDLE EAST FROM THE FRONT PAGE Al TUESDAY, DECEMBER 30, 2008 I 11A THE MIAMI HERALD I MiamiHer.'lld.colll "i II> i: o " '" l: .. II> '" o &:l. ~ &:l. ~ o - .0 Q. >< II> '" .. 3: '" l: .. .!: o Vi .l< o 3: Gl > :;:: .. > ..: II> -0 II> OJ ~ " o l: '" .. E " o >- -c II> OJ " '5 .!: Gl '" .. &:l. -0 l: .. II> OJ -0 Gl .s l: o -0 ~ II> ::t: .e .. :i II> .s::; l- .!: -0 ~ .. Gl &:l. &:l. .. -0 .. Gl .s OJ .s Gl " l: II> -0 .;; II> II> > .; " u l: o " '" .. -0 II> -0 .;; o a. .!!! g Q; II> .s::; Ul W '" :c I- Ground offensive could be planned 'GAlA, FROM lA ally warn them that their homes, or adjacent buildings, were targets. Among those trapped in their homes was Wafa Kan- nan, 27, who has been camp- ing out in a narrow Gaza City apartment corridor with her mother and two brothers since the strikes began on Saturday. Over the weekend, Kan- oan ';; mother received a recorded call on her cell- phone (rom the Israeli mili- tary. When she heard who was calling, she hung up. Minutes later, the same call came to the land line in her apartment warning her to leave if she was storing weapons. In an apartment building across the street from Kan- nan and her family live four brothers who are Hamas mil- itants. Israeli intelligence called the Hamas members to warn them that they were targets, Kannan said, Leaders at the local mosque urged neighbors to converge on the apartment building and act as human shields, she added. No one heeded the call, however, so the Hamas militants fled. lsraeli government lead- ers made it clear that they want to contain the rocket fire from Gaza but have 'Yet to explain when or how the coni1ict will come to an end. "The strategy today is to hit Barnas and to hit Barnas hard," said Mark Regev, a spokesman (or Israeli Prime Minister Ehud Olmer!. "We believe that will create a new reality, a new security envi- ronment in which a quarter- million Israelis no longer have to live in fear of rocket attacks." In apparent preparation for sending in troops, Israel on Monday declared large swaths of its border with Gaza "closed military zones" that prohibit journalists and others from entering. Last month, Israel shut its main border crossing with Gaza to all-but-essential medical cases fire had killed eight Israelis in the past two years. Since Israel launched the airstrikes on Saturday, four Israelis have been killed in attacks from Gaza. As Israeli tanks, artillery batteries and troops stepped up preparations for a possi- ble ground offensive, Defense Minister Ehud Barak announced that the attacks wouldn't end until the mili- tary had delivered a "severe blow" to Hamas. "We are in an all-out war against Barnas," Barak told a special session of the Knes- set, the Israeli parliament. STRIKES ON GAZA . ....o>'....~ CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT TO ORDINANCE NO. 2008-08 Public Notice is hereby given that the City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, January 13, 2009 at 6:00 p.m, to review and recommend adoption of the following Ordinances to the City Commission: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 6 "EFFECTIVE DATE" FROM JANUARY 1. 2009 TO APRIL 1, 2009 OF ORDINANCE NO. 2008-08 ADOPTED ON APRIL 8. 2008, WHICH ORDINANCE ESTABLISHED A TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN THE CITY OF AVENTURA, PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, sitting as the governing body, will consider adoption of the above described Ordinance on first reading at a public hearing and will again consider the above described Ordinance for adoption after second reading at a public hearing on Tuesday, February 3, 2009 at 6:00 p.m. All above described Public Hearings will be held in the City Commission Chamber at the City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida. 33180. The proposed Ordinance may be inspected by the public at the Office of the City Clerk at the above address. Interested parties may appear at the Public Hearings and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466-8901, no later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, MMC, City Clerk SEllAS11.\lisrHEIItEIl!,lP GROUND FORCES: Israeli soldiers and equipment are gathered at a staging area near Israel's border With the Gaza Strip in southern Israel on Monday '"'-"intiO(l~ "1::"-. }.I:-..-IJ ~ 11/iJb! 1V:rk v( t: 1Uf)rA/V r:!3D!};he faces you pass every day, how many belong to people WhO",B hungry? Or homeless? Or sick? There are thousands of such people in South Florida and their stories and pictures will appear in the newspaper now through the end of the year. With your donatio~, yOU, can mak, e hO,lid, ay wishes come t) "., " true and make life a little better for those truly in need. .. . . For more Information, please call ~ 305-376-2906 or VISit " www.MiamiHerald.comlwishbook mll~in~'~is~s ~av:.. ~nl~ill~, ~OOI~ C~ri~5 ~.~ay_lJSll..!u~s I~ ot.::er.:.ha~ab~ p~~s_ Make your check payable to Herald Charities Inc. and mail to: Herald Charities Inc., One Herald Plaza, Miami FL 33132 stale;_Zip: E_' :J\IISA :J........rCard ::::JAmericanExpress "lCt\e(:k Exp,Dale To donate onlme, VISit wwwmlamlherald com/wlshbook Drin honor 01 o II yo" do not want your donation acknowledged in the paper, please check he'" IDorIor.will",,(lC'r"iOwledQoo;nlhepap><on1m5~d2l14,) DrganilatlOO.A1ldofialionslO H8lald Chartlies. Inc_ar" IIIx deductible r.g<illlltioorlKlO"emen1EoICllipler496.ROIidaStlllulEs.IheSoloc:ilauons 4NDFINANGlALINfORMIlTlONMAYBEOiJTAJ~EOFROMTHEDMSIONOF SERVICES BY CALLNGTOLL.FRff '-800-435-7352WITrlIN THE STATE_ REGISTAATlON DOES NOT IMPLY ENDORSEMENT. DRRECOMMENDATIONiJYTHESTATE Closing date Is January 15, 2009. 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