05-05-2009
City Commission
Susan Gottlieb, Mayor
A~e City of
rl.Ventura
City Manag-er
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
Ted Holzberg
Billy Joel
Michael Stern
Luz Urbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City Attornev
Weiss Serota Helfman
Pastoriza Cole & Boniske
MAY 5, 2009
follo'r~~n~e~g~ LPA
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROV AL OF MINUTES:
April 14, 2009 Commission Meeting
April 23, 2009 Commission Meeting
April 23, 2009 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DECLARING CERT AIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED CONTRACT
RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-
WAY ON BISCA YNE BOULEVARD FROM THE OLET A RIVER
BRIDGE NORTH TO THE MIAMI-DADE/BROW ARD COUNTY
LINE BY AND BETWEEN THE CITY OF A VENTURA AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
May 5, 2009
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the
following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of
these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each
item will be made available after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives
testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony
will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may
request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must
present evidence of their authority to speak for the organization. Further details ofthe quasi-judicial procedures may be
obtained from the Clerk. None.
7. ORDINANCES: FIRST READING - PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP DESIGNATION
FOR TWO PARCELS LOCATED ON WEST COUNTRY CLUB
DRIVE, CONTAINING A TOTAL OF 2.69 ACRES MORE OR
LESS AND MORE P ARTICULARL Y DESCRIBED IN EXHIBIT
"A", FROM BUSINESS AND OFFICE TO PARKS AND
RECREATION; AMENDING THE COMPREHENSIVE MASTER
PLAN BY AMENDING THE FUTURE LAND USE
DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON
WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF
2.69 ACRES MORE OR LESS AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "B" FROM PARKS AND
RECREATION TO BUSINESS AND OFFICE; PROVIDING FOR
TRANSMITT AL TO THE AGENCIES AS REQUIRED UNDER
CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN
EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
A VENTURA BY AMENDING THE ZONING DESIGNATION
FOR TWO PARCELS OF LAND LOCATED ON WEST
COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69
ACRES MORE OR LESS AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", FROM B2, COMMUNITY
BUSINESS DISTRICT TO ROS, RECREATION OPEN SPACE
AND BY AMENDING THE ZONING DESIGNATION FOR TWO
PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB
DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR
LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT
2
May 5, 2009
"B", FROM ROS, RECREATION OPEN SPACE TO B2,
COMMUNITY BUSINESS DISTRICT; APPROVING THE
THIRD AMENDMENT TO RESTRICTIONS RELATING TO
THE GOLF COURSE AND COUNTRY CLUB PARCELS;
ACCEPTING THE DECLARATION OF RESTRICTIONS
CONT AINING THE APPLICANT'S PROFFER OF SITE
IMPROVEMENTS AND OTHER RESTRICTIONS ON THE
PARCEL DESCRIBED IN EXHIBIT "B"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 6 "EFFECTIVE DATE" FROM APRIL 1,
2009 TO SEPTEMBER 30, 2009 OF ORDINANCE NO. 2008-08
ADOPTED ON APRIL 8, 2008, AS AMENDED BY ORDINANCE
NO. 2009-04 ADOPTED ON FEBRUARY 3, 2009, WHICH
ORDINANCE ESTABLISHED A TRANSPORTATION
MITIGATION IMP ACT 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,
AMENDING ARTICLE II "CITY COMMISSION AND MAYOR"
OF CHAPTER 26 "ELECTIONS" OF THE CITY CODE OF THE
CITY OF AVENTURA BY AMENDING SECTION 26-31 "TIME
AND MANNER OF QUALIFICATION OF CANDIDATES", BY
AMENDING SECTION 26-32 "COMMENCEMENT OF TERM
OF ELECTED OFFICIALS", BY AMENDING SECTION 26-34
"EARL Y VOTING"; AND AMENDING ARTICLE I "IN
GENERAL" OF CHAPTER 2 "ADMINISTRATION" BY
AMENDING SECTION 2-2 "APPOINTMENT OF VICE
MAYOR" IN ORDER TO ENSURE CONSISTENCY WITH
RECENTLY AMENDED CITY CHARTER SECTION 2.03
"ELECTION AND TERM OF OFFICE" AND CITY CHARTER
SECTION 5.03 "ELECTIONS" WHICH REVISED THE DATE OF
GENERAL MAYORAL AND COMMISSION ELECTIONS;
PROVIDING FOR INCLUSION IN THE CODE, PROVIDING
FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE
DATE.
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May 5, 2009
C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2008-15 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2008/2009 FISCAL YEAR BY REVISING THE 2008/2009 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
D. CITY COMMISSION IN ITS CAPACITY AS THE AVENTURA
CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS:
ORDINANCE - SECOND READING - PUBLIC INPUT: -
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
ADOPTING THE ATTACHED CHARTER SCHOOL
OPERATING AND CAPITAL BUDGET FOR THE AVENTURA
CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2009/10
(JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE
CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS
EST ABLISHED BY THE BUDGET; PROVIDING FOR
BUDGET ARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP MAY 14,2009 9 AM 5th FLR EX. CONF. ROOM
COMMISSION MEETING JUNE 2,2009 6 PM COMMISSION CHAMBER
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 ofthe City
Clerk, 305-466-890 I, not later than two days prior to such proceeding. One or more members of the City of A ventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record ofthe 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 A ventura Government Center, 19200 W. 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.
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MINUTES
CITY COMMISSION MEETING
APRIL 14, 2009
(following 6 p.m. LPA)
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:05 p.m.
immediately following the 6 p.m. LPA meeting 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 and City Attorney Mitchell Bierman. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led during LPA.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. ELECTION OF VICE MAYOR: After motion made by Vice Mayor Joel, seconded
by Commissioner Auerbach, and unanimously passed, Commissioner Holzberg was
elected as Vice Mayor for the next 6-month period.
5. SPECIAL PRESENTATIONS: Certificates of Appointment were presented to
members of the Arts and Cultural Center Advisory Board. Certificates of Appreciation
were presented to Planning Director Joanne Carr, and Police Department employees
Katina Rodriguez, Robert Feierstadt, Joseph Craig and Marc Greenberg for ten years of
service to the City.
6. CONSENT AGENDA: Commissioner Auerbach requested that item 6-0 be
removed from the Consent Agenda. A motion to approve the remainder of the Consent
Agenda was offered by Commissioner Joel, seconded by Commissioner Weinberg,
passed unanimously and the following action was taken:
A. The following minutes were approved:
March 3, 2009 Commission Meeting
March 19, 2009 Workshop Meeting
B. Resolution No. 2009-20 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
C. Resolution No. 2009-21 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING THE FLORIDA DEPARTMENT OF
EDUCATION TO MAINTAIN CURRENT TRAINING STANDARDS FOR
READING TEACHERS OF ENGLISH LANGUAGE LEARNERS ("ELL")
IN FLORIDA'S PUBLIC SCHOOLS; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA
DEPARTMENT OF EDUCATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
E. The following motion was approved:
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT ("CAFR") FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2008 AND THE LETTER DATED MARCH 26, 2009
ATTACHED HERETO AS ATTACHMENT A."
The following item was removed from the Consent Agenda and addressed
separately:
D. Mayor Gottlieb read the title to the following resolution:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, REQUESTING GOVERNOR CHARLIE CRIST,
THE STATE LEGISLATURE AND THE PUBLIC SERVICE
COMMISSION TO ADOPT POLICIES, PROGRAMS AND INCENTIVES
THAT WOULD MAKE THE IMPLEMENTATION AND INSTALLATION
OF SOLAR ENERGY MORE ECONOMICALLY FEASIBLE FOR
FLORIDA MUNICIPALITIES; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Auerbach and
seconded by Commissioner Weinberg. . The motion passed unanimously
and Resolution No. 2009-22 was approved.
7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the
Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the
Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the
applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be
made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you
refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be
permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on
their behalf. Persons representing organizations must present evidence of their authority to speak for the organization.
Further details of the quasi-judicial procedures may be obtained from the Clerk.
2
Mr. Bierman read the quasi-judicial proceeding rules and the following
resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING SIGN VARIANCE TO PERMIT A
39 SQUARE FOOT EXTERIOR WALL SIGN ON THE TOWER
FEATURE AT THE COURTYARD AT THE AVENTURA MALL, 19501
BISCAYNE BOULEVARD, AVENTURA, FOR AN INTERIOR MALL
TENANT OCCUPYING LESS THAN 100,000 SQUARE FEET OF
TENANT SPACE WITHOUT DIRECT EXTERIOR ACCESS; WHERE
SECTION 31-191(g)(8)b. OF THE CITY CODE PERMITS WALL SIGNS
ONLY FOR 100,000 SQUARE FOOT OR MORE TENANTS AND FOR
TENANTS WITH DIRECT EXTERIOR ACCESS; PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Stern and seconded
by Commissioner Diamond. Community Development Director Joanne
Carr addressed the Commi~sion and entered the staff report into the
record. Mayor Gottlieb opened the public hearing. The following
individuals addressed the Commission: Phil Ward, representing the
applicant; and Bob Burroughs. There being no further speakers, the
public hearing was closed. The motion for approval passed unanimously
by roll call vote and Resolution No. 2009-23 was adopted.
8. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Bierman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 6 "EFFECTIVE DATE" FROM APRIL 1, 2009 TO
SEPTEMBER 30, 2009 OF ORDINANCE NO. 2008-08 ADOPTED ON
APRIL 8, 2008, AS AMENDED BY ORDINANCE NO. 2009-04
ADOPTED ON FEBRUARY 3, 2009, 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.
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Commissioner Joel, and seconded by Vice Mayor Holzberg.
Mayor Gottlieb opened the public hearing. There being no speakers, the
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public hearing was closed. The motion passed unanimously by roll call
vote.
B. Mr. Bierman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE II "CITY COMMISSION AND MAYOR" OF CHAPTER 26
"ELECTIONS" OF THE CITY CODE OF THE CITY OF AVENTURA BY
AMENDING SECTION 26-31 "TIME AND MANNER OF
QUALIFICATION OF CANDIDATES", BY AMENDING SECTION 26-32
"COMMENCEMENT OF TERM OF ELECTED OFFICIALS", BY
AMENDING SECTION 26-34 "EARLY VOTING"; AND AMENDING
ARTICLE I "IN GENERAL" OF CHAPTER 2 "ADMINISTRATION" BY
AMENDING SECTION 2-2 "APPOINTMENT OF VICE MAYOR" IN
ORDER TO ENSURE CONSISTENCY WITH RECENTLY AMENDED
CITY CHARTER SECTION 2.03 "ELECTION AND TERM OF OFFICE"
AND CITY CHARTER SECTION 5.03 "ELECTIONS" WHICH REVISED
THE DATE OF GENERAL MAYORAL AND COMMISSION ELECTIONS;
PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR
SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Auerbach and
seconded by Commissioner Weinberg. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
motion passed unanimously by roll call vote.
C. Mr. Bierman read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-15 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2008/2009 FISCAL
YEAR BY REVISING THE 2008/2009 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Holzberg and seconded
by Commissioner Stern. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion passed
unanimously by roll call vote.
9. ORDINANCES: SECOND READING/PUBLIC HEARING:
4
A. Mr. Bierman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE II, "USE OF RIGHT-OF-WAY, PARKING, OTHER
REGULATIONS" OF CHAPTER 48 "VEHICLES, USE OF RIGHT-OF-
WAY, PARKING AND OTHER REGULATIONS" OF THE CITY CODE
OF THE CITY OF AVENTURA BY AMENDING SECTION 48-20,
"PROHIBITION OF RIGHT-OF-WAY VENDORS AND SOLICITORS ON
CERTAIN ROADS", EXPANDING THE PROHIBITION TO INCLUDE
CERTAIN ADDITIONAL ROADS IN ORDER TO FURTHER PROTECT
THE SAFETY OF MOTORISTS, PEDESTRIANS, AND ROADSIDE
VENDORS AND SOLICITORS; PROVIDING FOR INCLUSION IN THE
CODE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Stern and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2009-06 was enacted.
B. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE AVENTURA
CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: Mr.
Bierman read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-10, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND
CAPITAL BUDGET FOR THE A VENTURA CITY OF EXCELLENCE
SCHOOL FOR FISCAL YEAR 2008/09 (JULY 1 - JUNE 30) BY
REVISING THE 2008/2009 FISCAL YEAR BUDGET DOCUMENT AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Joel, and seconded by
Commissioner Weinberg. Mayor Gottlieb opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2009-07 was enacted.
10. RESOLUTIONS - PUBLIC HEARING: None.
11. REPORTS: As presented. Mayor Gottlieb presented the State of the City Add ress.
5
12. PUBLIC COMMENTS: Mel Taks, President, Point East Corporation IV.
13. OTHER BUSINESS: None.
14. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 7:10 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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.
6
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MINUTES
CITY COMMISSION MEETING
APRIL 23, 2009 - 9 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb
at 9 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael
Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City Manager Eric
M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum
was determined to be present, the meeting commenced.
2. ORDINANCE - FIRST READING - PUBLIC INPUT:
CITY COMMISSION IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE
SCHOOL BOARD OF DIRECTORS: Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR
THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR
2009/201 0 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY
CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY
THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR
PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Auerbach and seconded by
Commissioner Weinberg. Mr. Soroka reviewed the proposed budget. Mayor Gottlieb
opened the public hearing. Jonathan Evans addressed the Commission. There being no
further speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote.
3. ADJOURNMENT: There being no further business to come before the Commission at this
time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:25
a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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.
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MINUTES
CITY COMMISSION
WORKSHOP MEETING
April 23, 2009 - following 9 a.m. Commission mtg.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at
9:25 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern,
Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka,
City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined
to be present, the meeting commenced.
1. JEWISH COMMUNITY SERVICES REQUEST FOR SUPPORT OF FEDERAL FUNDING
FOR NORC PROGRAM (Mayor Gottlieb): Ella Goldfarb, representing Jewish Community
Services, addressed the Commission requesting support for federal funding of the Naturally
Occurring Retirement Community program.
CITY MANAGER SUMMARY: Consensus to provide letter of support for the program and
federal funding.
2. COUNTY REQUIREMENT FOR PARKING AREA LIGHTING (Citv Attornev): Mr. Wolpin
discussed the requirements for parking area lighting set forth by Miami-Dade County and
the need for amendment of the County's regulations. Mel Taks, representing Point East
Corporation IV, addressed the Commission regarding this issue and its effect on Point East
and requested assistance from the Commission.
CITY MANAGER SUMMARY: It was consensus for City Manager to discuss this issue with
Miami-Dade County Commissioner Sally Heyman and report back at future workshop.
Commissioner Auerbach proposed correspondence be sent to U. S. House Speaker Nancy
Pelosi and U. S. Representative Debbie Wasserman-Schultz regarding the use and
implementation of solar energy by local governments, requesting their monetary assistance
directly or indirectly through power companies.
3. ADJOURNMENT: There being no further business to come before the Commission at this
time, after motion made, seconded and unanimously passed, the meeting adjourned.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Resolution Declaring Equipment Sur
May 5, 2009 Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01654-09
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor T eri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 5th day of May, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, ICMA-CM, City Manager ~
Robert M. Sherman, ~ireclor of Community Services ~
April 1 , 2009
TO:
DATE:
SUBJECT: Surplus Property
Please have the City property listed below declared as Surplus Property as this item
has become cost prohibited to maintain and inadequate for department purposes:
11997 Chevrolet S-10 Vehicle Identification Number 1GCCS14X4T8221952
RMS/gf
RMS09018
CITY OF A VENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: Steven Steinberg, Chief of Police
DATE: 1 May 2009
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
2001 2FAFP71VV11X129343 Crown Vic
2003 2FAHP71VV03X167528 Crown Vic
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: April 30, 2009
TO: City Commission
SUBJECT: Renewal of FDOT Landscape Maintenance Contract for Biscayne
Boulevard
May 5, 2009 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
authorizing the renewal of the attached Contract with the Florida Department of
Transportation (FOOT) for landscape maintenance along Biscayne Boulevard from the
Oleta River Bridge to the County line.
FOOT will reimburse the City in the amount of $8,677.32 per year.
EMS/act
Attachment
CC01655-09
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE
MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY ON BISCAYNE BOULEVARD
FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI-
DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF
AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Contract Renewal by and between the City of Aventura and the Florida Department of
Transportation to provide landscape maintenance services on the Florida Department of
Transportation Right-of-way on Biscayne Boulevard from the Oleta River bridge north to
the Miami-Dade/Broward County line.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner
adoption. The motion was seconded by Commissioner
a vote; the vote was as follows:
. who moved its
and upon being put to
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
Resolution No.2009-_
Page 2
PASSED AND ADOPTED this 5th day of May, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONTRACT RENEWAL
375-020-23
CONTRACTS ADMINISTRATION
OGC - 04106
Contract No.: AP 580
Financial Project No(s).: 40733417801
County(ies): MIAMI-DADE
Renewal: (1st, 2nd, etc.) 1st
This Agreement made and entered into this day of " by and between the State of
- (This date to De _ t1f UUI onlY.)
Florida Department of Transportation, hereinafter called "Departmenf', and CITY OF A VENTURA
hereinafter called "Contractor".
WITNESSETH:
WHEREAS the Department and the Contractor heretofore on this26th day of June 2008 .
, (This date to be enisled by DOT only)
entered into an Agreement whereby the Department retained the Contractor to perform Maintenance of all
landscape and/or turfed areas within the Departments right-of-way having the limits described by Attachement "A" of the
oriainal Contract.
; and
WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both
parties and subject to the same teRnS and conditions of the original Agreement;
NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each
to the other, the parties agree to a renewal of said original Agreement for a period beginning the 1 sL day of
Julv ' 2009 and ending the 30th day of June ,2010
at a cost of $ 8,677.32
All terms and conditions of said original. Agreement shall remain in force and effect for this renewal.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day,
month, and year set forth above.' .
CITY OF AVENTURA
Name of Contractor
Eric No Soroka, ICMA-Q1. Ci~ ~r
Contractor Name and Title
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary or Designee (Signature)
BY:
Title:
Authorized Signature
(SEAL) Legal:
Name of Surety
City
State
Fiscal:
Approval as to Availability of Funds
By:
Florida Licensed Insurance Agent or Date
Attorney-In-Fact (Signature)
Countersigned:
Florida Licensed Insurance Agent Date
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY:
Joanne Carr, AIC
Community Developm
rector
TO:
City Commission
FROM:
Eric M. Soroka, IC
City Manager
DATE:
April 16, 2009
SUBJECT:
Application by TB Isle Resort, LP for small scale amendments to the City's
Comprehensive Plan to change the Future Land Use Map designation of two
parcels of land on West Country Club Drive totaling 2.69 acres from
Business and Office to Parks and Recreation and to change the land use
designation of two parcels of land on West Country Club Drive totaling 2.69
acres from Parks and Recreation to Business and Office (02-CPA-08 and 03-
CPA-DB - Small Scale Amendments)
May 5, 2009
May 5, 2009
June 2, 2009
Local Planning Agency Agenda Item !lil-.
City Commission Meeting Agenda Item ..!l..B-
City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission:
1 . Approve the small scale Comprehensive Plan map amendment to change the land
use designation of two parcels of land on West Country Club Drive totaling 2.69 acres from
Business and Office to Parks and Recreation; and
2. Approve the small scale Comprehensive Plan map amendment to change the land
use designation of two parcels of land on West Country Club Drive totaling 2.69 acres from
Parks and Recreation to Business and Office; and
2. Approve the transmittal of the amendments to the Florida Department of Community
Affairs and other state agencies pursuant to Chapter 163, Florida Statutes.
THE REQUEST
The applicant, TB Isle Resort, LP, is requesting two small scale Comprehensive Plan map
amendments to allow an exchange of future land use designation on parcels totaling 2.69
acres each on West Country Club Drive. The northerly parcels are requested to be
changed from Business and Office to Parks and Recreation and the southerly parcels are
requested to be changed from Parks and Recreation to Business and Office to facilitate a
rezoning of the northerly parcels from B2, Community Business District to ROS,
Recreation Open Space and a rezoning of the southerly parcels from ROS, Recreation
Open Space to B2, Community Business District. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
TB Isle Resort, LP
NAME OF APPLICANT
TB Isle Resort, LP
LOCATION OF PROPERTY
19999 West Country Club Drive
See Exhibit #2 for Location Map
See Exhibit #3 for Parcel Locations
SIZE OF PROPERTY
Northerly parcels: 2.69 acres
Southerly parcel: 2.69 acres
PROPERTY DESCRIPTION
See Exhibit #4 for North Parcels Description
See Exhibit #5 for South Parcels Description
DESCRIPTION IBACKGROUND
The site owned by the applicant is comprised of the Turnberry Isle Resort and the
Turnberry Golf Club on West Country Club Drive. The applicant requests an exchange of
zoning on four parcels of land within the golf course and resort on West Country Club
Drive to facilitate future expansion of the resort. No development plans have been
submitted at this time.
The northerly parcels are the location of the pool, grill room and conference entry area.
The southerly parcels are the location of the maintenance, laundry, nursery and storage
area. The applicant requests the comprehensive plan amendments to allow rezoning of
these parcels from B2 to ROS and from ROS to B2 respectively which will facilitate future
expansion of the resort.
The existing uses on the parcels comply with the uses permitted in the respective
proposed zoning categories. The pool and grill room parcel to be changed from B2 to
2
ROS can be considered accessory uses to the golf course since golf club members have
access to these amenities as part of their membership package. These recreational uses
also comply with the uses permitted pursuant to the existing Declaration of Restrictions on
the golf course parcel. The conference center entry parcel serves as access to both the
resort and the golf course. The proposed ROS zone on this entry parcel will restrict future
development in this area. The maintenance, laundry, nursery and storage area proposed
to be changed from ROS to B2 are accessory uses to both the resort and golf course.
ANAL YSIS
I. Northerly Parcel
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
II. Southerly Parcel
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Business and Office
Parks and Recreation (Parcel 1)
Business and Office (Parcel 2)
Business and Office (Parcel 1)
Parks and Recreation (Parcel 2)
Parks and Recreation (Parcel 1)
Business and Office (Parcel 2)
Business and Office
B2, Community Business District
ROS, Recreation Open Space (Parcel 1)
B2, Community Business District (Parcel 2)
B2, Community Business District (Parcel 1)
ROS, Recreation Open Space (Parcel 2)
ROS, Recreation Open Space (Parcel 1)
B2, Community Business District (Parcel 2)
B2, Community Business District
swimming pool, grill room, conference entry area
golf course, conference center
resort, golf course
golf course, conference center
resort
Parks and Recreation
Business and Office
Medium-High Density Residential
Parks and Recreation
Business and Office
3
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
ROS, Recreation Open Space
B2, Community Business District
RMF4, Multifamily High Density Residential District
ROS, Recreation Open Space
B2, Community Business District
nu rsery/maintenance/storage area
resort
residential condominium
golf course
regional mall
Access - The parcels front on West Country Club Drive. Access is existing to the parcels.
Conformity to City Comprehensive Plan - The amendments are consistent with the
goals, objectives and policies of the City's Comprehensive Plan. More specifically, the
proposal is consistent with the following policies in the Future Land Use, Parks and
Recreation and Redevelopment Elements of the Plan:
Future Land Use Element
Policv 8.2 Applications to amend the City's Future Land Use Plan map shall be
evaluated to consider consistency with the Goals, Objectives and Policies of all
Elements, other timely issues, and in particular the extent to which the proposal, if
approved, would:
1. Satisfy a deficiency in the Plan map to accommodate projected
population or economic growth of the City;
The proposed amendments will accommodate economic growth of the City
by facilitating expansion of the existing resort.
2. Enhance or impede provision of services at adopted L OS Standards;
Traffic - The parcels are located on West Country Club Drive and are of
equal size. There will be no net increase in size to either land use category,
therefore traffic volumes are expected to remain constant. Therefore, these
applications will not impede provision of traffic services.
Water - There will be no net increase in size to either land use category,
therefore, provision of services will not be impeded.
4
Sewer - There will be no net increase in size to either land use category,
therefore, provision of services will not be impeded.
Mass Transit - A bus transit facility is located at Aventura Mall, located
immediately across the street from the subject sites. Future development of
the proposed business and office parcel will be required to provide
pedestrian linkage to County and City transit services that are safe and
convenient to transit users.
Parks and Recreation - The City presently exceeds LOS standards for park
space. There is no decrease or addition to park space since there will be no
net increase in size to either land use category. Therefore, provision of
service at adopted level of service standard will not be impeded.
Stormwater Drainage - There is no net increase in size to either land use
category, therefore, provision of services will not be impeded.
Solid Waste - There is no net increase in size to either land use category,
therefore, provision of services will not be impeded.
3. Be compatible with abutting and nearby land uses and protect the
character of established neighborhoods; and
The proposed amendments are compatible with abutting and nearby land
uses and will protect the character of the neighborhood. Future development
of the proposed business and office site will provide buffers to the residential
property to the south through existing height and setback restrictions in the
B2, Community Business District, site development standards in the City's
Land Development Regulations. Improvements to the proposed business
and office site proffered by the applicant will further buffer the adjacent
residential property and enhance the streetscape in the neighborhood.
4. Enhance or degrade environmental or historical resources, features or
systems of significance.
The proposed amendments will not degrade the environmental or historical
resources, features or systems of significance.
Parks and Recreation Element
Policv 4.1 The City adopts a level of selVice requiring 2.75 acres of net useable
park land per 1,000 residents, implemented by the concurrency management
system.
The estimated current population for the City of Aventura is 31,044. These
amendments do not increase population. The amount of park and recreation land
5
required by the park level of service standard is 31,044 x 2.75/1000 or 85.37 acres.
The existing available park and recreation land is 114.95 acres. No deficiency
exists and the proposed amendments will not create a deficiency in this standard.
Redevelopment Element
Policv 2. 11 The location of parking, curb cuts, walkways, bike lanes, sign age,
lighting and landscape treatments shall be co-ordinated to provide maximum user
safety, while improving the comprehensive aesthetic appearance of A ventura.
The applicant will be required, through the site plan review process when the
proposed business and office site is developed, to locate parking, curb cuts,
walkways, bike lanes, signage, lighting and landscape treatments to maximize user
safety and improve the aesthetics of the City.
Traffic Generation - The City Engineer has reviewed the applications and determined
that a traffic generation study is not required because there will be no net increase in size
to either land use category and the properties in question are both located along West
Country Club Drive. The traffic volumes on this street should therefore remain constant.
Additional information, including a traffic study, will be required at the time of final
development to ensure that proper traffic related standards are met.
School Impacts - The requested change in land use designations do not require analysis
for school impacts since both land use designations are commercial and do not generate
new students into the school system.
Conformity to City Land Development Regulations - The proposed amendments will
facilitate a proposed rezoning of the northerly parcels from B2, Community Business
District to ROS, Recreation Open Space and a proposed rezoning of the southerly parcels
from ROS, Recreation Open Space to 82, Community Business District. Any future
development will be in accordance with the site development standards of those districts.
Coastal High Hazard Location - The location of this site is not in a designated coastal
high hazard area.
6
Ml
BERCOWRAOELL&FERNANDEZ
ZONING. LAND USE AND ENVIRONMENTAL LAVV
DIRECT LINE (305) 377-6238
E-Mail mmarrero@BRZonlngLaw com
May 30, 2008
Exhibit 1
01 & 02-REZ-oS
02 & 03-CPA-OS
VIA HAND DELIVERY
Ms. Joanne Carr, Planning Director
City of A ventura
19200 West Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: 19999 West Country Club Drive; Zoning District Change and
Comprehensive Land Use Amendment
Dear Joanne:
This law firm represents TB Isle Resort, LP with regard to lll'~
improvements and redevelopment of the Fairmont Turnberr.y Isle Resort & Club
at 19999 West Country Club Drive (the "Property"). This letter shall serve as the
Applicant's letter of intent to rezone and redesignate a portion of the Propel-tv
from ROS / Parks and Recreation to B2 / Business and Office; and to rezone and
redesignate an equal portion of B2 / Business and Office area to ROS / Parks and
Recreation. These zoning and CDMP amendments are part of the overall Phase I
redevelopment of the Property.
The conceptual master plan for the redevelopment of the country
club/ golf course includes a change in the zoning of the laguna pool, grill room
and tennis court area on the north and west side of the country club (tbe
"Recreation Area") to the ROS zoning district and Parks and Recreation
designation on the City's Future Land Use Map. In turn, the
maintenance/nursery area on the southwest side of the country club (the "Future
Hotel Development Area") would become part of the B2 zoning district and
Business and Office designation on the City's Future Land Use Ivlap. The
amount of land that is located in each zoning district would not change, sim pI y
its location. This proposed "land swap" will shift the pool and tennis courts in
the country club from the B-2 District to the ROS District.
Section 31-148 of the City Code states that the ROS District 'lis intended to
provide for the recreation and open space needs of the City.n Pools and tennis
courts certainly contribute to the recreational needs of the CitYI and thus are in
WACHOVIA ANANCIAL CENTER. 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 . MIAMI, FLORIDA 33131
PHONE. 305.374.5300 . FAX. 305.377.6222
Ms. Joanne Carr
May 15,2008
Page 2 of 4
the spirit of the ROS District. Furthermore, the following uses are explicitly
permitted in the ROS District:
a. Open space and passive recreational areas;
b. Golf course;
c. Boat ramps and docks;
d. Outdoor cultural, educational and civic facilities;
e. Parks;
f. Waterways; and
g. Uses accessory to any of the above uses when located on the sanle plot.
There is no detailed description of "parks" in the Use Regulations of the ROS
District, nor is it defined in the City's land development regulations. However,
common sense dictates that parks are intended to include tennis courts and
pools, as a permitted uses. Nevertheless, at a minimum, they should both be
considered accessory uses to parks and golf courses.
(1) The proposed amendment is consistent with goals, objectives and policies
of the City's Comprehensive Plan.
The proposed change will not be inconsistent with the goals,
objectives and policies of the City's Comprehensive Plan. There
will be no net change in the amount of land for either zoning
district.
(2) The proposed zoning district is compatible with the surrounding area's
zoning designation( s) and existing uses.
There Property is already zoned a combination of B2 and ROS, and
there additional lands surrounding the Property that are zoned B2
and ROS. Furthermore, since the resulting areas of each zoning
district on the Property will be the same as prior to the amendment,
the change is certainly compatible.
(3) The subject property is physically suitable for the uses permitted in the
proposed district.
Although there has been no site plan associated with this
application, the anticipated uses permitted in the proposed districts
BE.RCaW RADE.LL&FERNANDEZ
ZONING. LAND USE AND ENVIAONf\IIENTAL LA,^,
Ms. Joanne Carr
May 15, 2008
Page 3 of 4
are, not only physically suitable but, compatible and associated
with the existing use on the Property.
(4) There are sites available in other areas currently zoned for such use.
Not applicable. The effect of this application will result in the same
amount of Parks and Recreation / ROS and Business and Office /
B2 land.
(5) If applicable, the proposed change will contribute to redevelopment of an
area in accordance with an approved redevelopment plan.
The proposed change has been contemplated as an element of the
ongoing Property redevelopment.
(6) The proposed change would adversely affect traffic patterns or congestion.
The proposed change will have no adverse traffic impact.
(7) The proposed change would adversely impact population density such
that the demand for water, sewers, streets, recreational areas and facilities, and
other public facilities and services would be adversely affected.
The application proposes on increase in population or overall
changes in use.
(8) Whether the proposed change would have an adverse environmental
impact on the vicinity.
There is not expected to be any environmental impact as a result of
this application.
(9) Whether the proposed change would adversely affect the health, safety,
and welfare of the neighborhood or the City as a whole.
The proposed change will not adversely affect the health, safety
and welfare of the neighborhood or the City. Again, the resulting
zoning and comprehensive plan designations will be the same as
currently provided, but in slightly different locations within the
Applicant's property.
Bi::RCOW RADi::LL & Fi::RNAN DU
ZONING. LAND USE AND ENVIAONrv'lENTAL LAVV
Ms. Joanne Carr
May 15; 2008
Page 4 of 4
Conclusion. The proposed amendments to the City's Future Land Use
Map and the City's Zoning Map are part of the overall master plan for the
Property, as well as one of the final components of the Phase 1 redevelopment
that began in 2006. As described in the foregoing letter, the net amount of
ROSjParks and Recreation and B2jBusiness and Office land will ren1ain the
same following these amendments, and it will all be retained on the Property.
As such, we look forward to your positive review and recommendation of these
applications. Please feel free to contact me regarding any comments or questions
you may have.
cc: Ms. Joanne Carr, Planning Director
David Wolpin, City Attorney
Ken Bernstein, Esq.
Dar Gennett, Esq.
Jeffrey Bercow, Esq.
Sincerely,
B'ERCOW RADELL &. FERNANDEZ
ZONiNG. LAND USE A.ND ENVIAC>NrvlENTAL LA'VV
BROWARD COUNTY
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Exhibit 2
01 & 02-REZ-08
02 & 03-CPA-08
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Exhibit 3
01 & 02-REZ-08
02 & 03-CPA-08
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TURNBERRY ISLES RESORT & COUNTRY CLUB
2.69 Acres Swap Area
A VENTURA. FLORIDA
THOMAS CHECCA, P,E'I
ENVIRONMENTAL CONSULTANT
11568 NQ~ 73.u Manor I Parkland, F"IoOda 3307ti
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Exhibit 4
01 & 02-REZ-08
02 & 03-CPA-08
LEGAL DESCRIPTION:
A portion of Tracts A-10 and B-10, AVENTURA TENTH ADDITION, according to the plat thereof, os recorded in
Plot Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida, and being more particularly
described os follows:
Begin at the most Westerly Northwest corner of said Tract A-10, the following three (3) courses being along the
exterior boundary of said Tract A-10; 1) thence N 89'19'28" E for 74.76 feet; 2) thence N 20'40'37" E for
91.48 feet to 0 point of curvature; 3) thence Northeasterly and Southeasterly along 0 120.00 foot radius curve
leading to the right through 0 central angle of 138"25'38" for an arc distance of 289.92 feet to 0 non-tangent
point, the following four (4) courses being along the exterior boundary of said Tract B-10; 1) thence
N 69"06'15" E for 18.00 feet, 2) thence 5 4T08'16" E for 193.28 feet; 3) thence S 69"22'04" E for 60.00 feet
to 0 point of curvature; 4) thence Southeasterly along a 400.00 foot radius curve leading to the right through 0
central angle of 1 T56' 41" for on arc distance of 125.28 feet to a non-tangent point; thence 5 5T28'02" W for
83.50 feet; thence N 41'14'20" W for 87.05 feet; thence N 50"29'30" E for 0.30 feet to 0 point on a circular
curve concave to the Southwest and whose radius point bears 586'59'06"W; thence Northwesterly along a 43.43
faot radius curve leading to the left through 0 central ongle of 76'34'58" for on arc distance of 58.05 feet to 0
non-tangent point; thence 5 48"04'50" W for 0.37 feet; thence N 41'22'59" W for 27.49 feet; thence
S 48"35'33" W for 10.09 feet; thence N 41'27'47" W for 28.74 feet; thence 5 48'38'02" W for 23.57 feet; thence
N 41"11"4" W for 31.03 feet; thence N 87"02'24" W for 1393 feet; thence 5 48'32'04" W for 79.44 feet; thence
S 06"10'31" W for 6.23 feet; thence 5 72"05'05" W for 26.41 feet to 0 point on 0 circular curve concave to the
Northwest and whose radius point bears S7T22'35"W; thence Southeasterly, Southwesterly and Northwesterly along
o 77.86 foot radius curve leading to the right through a central angle of 178"55'58" for an arc distance of
243.15 feet to 0 non-tangent point; thence S 8T31'08" W for 28.18 feet; thence N 40"50'17'" W for 36.67 feet;
thence S 8T22'02" W for 27.30 feet; thence S 42'22'03" W for 16.97 feet; thence S 02"37'55" E for 47.13 feet;
thence 5 8T 30'53" W for 61.56 feet to a point on the Westerly line of said Tract A-10, also being the Easterly
nght of way line of West Country Club Drive; thence N 02"40'32" W along said Westerly I;ne of Tract A-10 and
Easterly right of way line of West Country Club Drive for 155.58 feet to the Point of Beginning
AND
Commence at said most Westerly Northwest corner of Tract A-10; thence S 02'40'32" E along said Westerly line
of Tracts A-10 and B-10, and Easterly right of way line of West Country Club Drive for 837.96 feet; thence
N 8T26'47'" E for 200.46 feet to the Point of Beginning; thence conbnue N 8T26'47" E for 63.18 feet; thence
N 42"26'47'" E for 16.77 feet; thence N 02"33'1 J" W for 33.67 feet; thence N 8T26'47" E for 120.69 feet;
thence S 02'33'13" E for 42.01 feet; thence 5 8T26'47" W for 41.45 feet; thence S 02'33'13" E for 39.61 feet;
thence N 8T26'47" E for 62.28 feet; thence S 02'33'13" E for 24.13 feet, the following six (6) courses being
along the exterior boundary of said Tract B-10; 1) thence 5 8T26'47" W for 15.34 feet; 2) thence
S 02"33'13" E for 34.14 feet; 3) thence 5 8T26'47" W for 132.42 feet; 4) thence N 02'33'13" W for 74.14 feet;
5) thence N 4T42'35" W for 19.88 feet to 0 point on 0 circular curve concave to the Southeast and whose
radius point bears 529'22'29"E; 6) thence Southwesterly along 0 120.00 foot radius curve leading to the left
through a central angle of 38"07'22" for on arc distance of 79.84 feet to 0 non-tangent point; thence
N 02'40'32" W for 62.46 feet to the Point of Beginning.
Drawn By
Cad. No.
Ref. Dwg.
MAP
081267
( LEGAL DESCRIPTION
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street J North Miami Beach. FLorida. 33162
Phone: 305-653-4493 J Fax 305-651-7152 / Email fls@flssurvey_com
I Date 10/21/08
Scale NOT TO SCALE
Job No 081267
Dwg. Na. 1008-109-18
Sheet 1 of 4
2007-034
Plotted:
10/22/08 9;340
EXHIBIT 1
SURVEYOR'S NOTES:
_ This site lies in Section 3, Township 52 South, Ronge 42 Eost ond Section 34, Township 51 South,
Ronge 42 East, City of Aventura, Miomi-Dade County, Florida.
_ Bearings hereon are referred to an assumed value of S 02'40'32" E for the Easterly right of way line of
West Country Club Drive
_ Lands shown hereon were not abstracted for easements and/or rights-of-way of records.
_ This is not 0 "Boundary Survey" but only 0 grophic depiction of the description shown hereon
_ Londs shown hereon contoining 117,167 squore feet, or 2.69 ocres, more or less.
_ DimenSions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2007-034.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible chorge on October 21, 2008,
and meets the Minimum Technical Standards as set forth by the Florido Boord of Professional Surveyors and
Mappers in Chapter 61G17-6, Florida Administrative Code. pursuant to Section 472.027, Florida Statutes.
"Not valid without the signature and the onginal raised
seal of a FlOrida Licensed Surveyor and Mapper"
FORTIN, LEAVY, SKILES, INC., LB3653
By:
Doniel C. Fortin, For The Firm
Surveyor ond Mapper, LS2853
State of Florido
Drawn By
Cad. No.
Ref. Dwg.
MAP
081267
r SURVEYOR NOTES AND CERTlFICA TlON
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168m. Street I North Miami Beach, FLorida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 I Ernail fls@flssurvey.con:'l
I Date 10/21/08
Scale NOT TO SCALE
Job. No. 081267
Dwg. NO.1008-109-1 B
Sheet 2 of 4
2007-034
Plotted:
10/22/08 9 ;340
o
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I >-:Ii Oz
~-N I l-Z
,u"
I ~8w \ ~ (3
~~~ Ow CV
\ ~~ \ /a..L1a:l -..J j
~ I EXTERIOR BOUNDARY LINE
OF TRACT A-l0
I ['-MOST WESTERLY N W CORNEy ---- ---
\ ~ ~ OF ~;-: ___ ___
o ...J \.Jif"';jL21 (~O
'\ ~t5 L19
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IVWESTERLY LINE OF TRACTS A-l0 .I< B-10
AND EASTERLY RIGHT OF WAY LINE OF
WEST COUNTRY CLUB DRIVE
TRACT A-mJ
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92 ____
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NORTH LINE OF 5ECTION 3- 52- 42
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
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A=138025'38'
R=120.00'
L=289.92'
\.-3
,EXTERIOR BOUNDARY LINE
I OF TRACT 8-10
TRACT U
EXHIBIT 1
(iT
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
"-
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'A=76034'5S"
R=43.43'
L=58.05'
RB=S86059'06"W
A=1?D56'41"
R=400.00'
L= 125.28'
'-5
(...>
I A=178055'58"
I R=77.86'
L=243.15'
RB=S7?D22'35"W
LINE TABLE LINE TABLE
UNE LENGTrI BEARING LINE LENGTH
L1 74.76 N89'19'28"E L21 2730
L2 91.48 N20'40'37'"E Ln 16.97
lO 18.00 N69'06 '15"E L23 47.13
L4 193.28 541'OB'16'E L24 61.56
L5 60.00 569'22'04"E L25 155.58
L6 83.50 S51'28'02"W L26 63.18
L7 87.05 N41"14'20"W L27 16.77
L8 0.30 N50'29'30"E L28 33.67
L9 0.37 S48"04'SO"W L29 120.69
L10 27.49 N41'22'S9"W lO0 42.01
L11 10.09 S48'35'33"W lO1 41.45
L12 28.74 N41'27"47"W lO2 39.61
L13 23.57 548"38'02"W lO3 62.28
L14 31.03 N4,',1'14"W lO4 24.13
L15 13.93 N81'02'24"W lOS 15.34
LI6 79.44 S4B'32'04"W lO6 34.14
L17 6.23 S06"10'31"W lO7 132.42
L18 26.41 Sn"05'OS"W lO8 74.14
L19 28.18 S81'31'08"W lO9 19.88
L20 36.67 N40'SO'I7'"W L40 62.46
B -10
TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL
FORTIN, LEAVY, SKILES, SKETCH #2007-034
L29
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~31 ...J TRACT 0-10
'" 33 ~(AVENTURA TENTH ADDITION
...J L"<t PLAT BOOK 136 PAGE 92
L35:3 _ _ - - ~
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BEARING
S81'22'02'W
S42'22'OYW
S02'37"5S'E
S87"30'S3'w
N02'40'32'W
N81'2S' 47'E
N42"26'47'"E
N02'33'13'
N81'26'47"E
S02'33'13"E
S87'26'47"W
S02'33'13"E
N81'2S'47"E
S02'33'13"E
S81'26'47"W
S02'33'13"E
S87"26'47'W
N02'33'13'W
N47"42'3S'W
N02'40' 32'W
([)
o 60
~
GRAPHIC SCALE
240
I
I
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
I
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:::l I I A=38007'22"
-1 \ <; R=120.00'
() ~ <( I L= 79.84' ~
=- ~ RB=S29022'29"E ~
>- 15 ~ ~___!i8.Tl~4]':1--- L26"$
~ ~ 1\ ~ 200 46' ~ I '0 (
z ~ ~ I POINT OF~ 3V ~ 0'.9
:J;S ~ \ BEGINNING ...J
8 I I ~ L37
~ ;' ~EXTERIOR BOUNDARY LINE
73.00' OF TRACT B-10
I
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I ~i'j~ I I TRACT U
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Cic: ,
Drawn By
Cad. No.
r
SKETCH OF DESCRIPTION
MAP
081267
120
I
( IN FEET )
1 inch = 120 ft.
I
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street I North Miami Beach. Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 / Em.ail fls@f1ssurvey.con"l
Date 10/21/08
Scale 1"=120'
Job No. 081267
Dwg. NO.1008-109-1 B
Ref. Dwg.
2007-034
Plotted:
10/22/08 9:340
Sheet 3 of 4
Dra wn By
Cad. No.
Ref Dwg.
Plotted:
MAP
081267
2007-034
10/22/08 9:340
EXHIBIT 1
EXHIBIT 1
"\J i'o'i'<\)
60'J\.-t-
\'J\<.J'..
i'oA\'I
TURNBERRY ISLE RESORT
& COUNTRY CLUB
GOLF COURSE
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EXHIBIT 1
TURN BERRY ISLE RESORT
& COUNTRY CLUB
I-
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AVENTURA MALL
S/,,,
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I?O-1D
!Vo
ass
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I Date 10/21/08
Scale NOT TO SCALE
Job. No. 081267
Dwg. NO.1008-1 09-1 B
Sheet 4 of 4
LOCA nON SKETCH
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast: 168th. Street I North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 / En:1ail fls@flssurvey.co!J.i
Exhibit 5
01 & 02-REZ-08
02 & 03-CPA-08
LEGAL DESCRIPTION:
A portion of Tract U, FIFTH ADDlTJON BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os
recorded In Plat Book 99 at Page 20 of the Public Records of Miami-Dade County, Florida, and being more
particularly described os follows:
Commence at the Southwest corner of Tract B-10, AVENTURA TENTH ADDfTION, according to the plot thereof, os
recorded In Plot Book 136 at Page 92 of the Public Records of Miami-Dade County. Florida; thence
N 02.40'32" W along the Westerly line of said Tract B-10, also being the Easterly (Ight af way line of West
Country Club Drive for 223.65 feet; thence N 87"19'28" E for 200.45 feet to the Point of Beginning; thence
S 02'40'32" E for 147.73 feet; thence S 69'21'03" W for 5268 feet to a point on a circular curve concave to
the Northwest and whose radiUS point bears N64.51'11"W, the following three (3) courses being along the exterior
boundary of said Tract B-10; 1) thence Northeasterly along a 170.00 foot radius curve leading to the left
through 0 central angle at 12'54'24" for on arc distance of 38.29 feet to a point of tangency; 2) thence
N 12'14'25" E for 112.01 feet to 0 point of curvature: 3) thence Northeasterly along a 120.00 foot radius curve
leading to the right through 0 central angle of 10'15'44" for on arc distance of 21.49 feet to the Point of
Beginning
AND
Commence at said Southwest corner of Tract B-10; thence S 02"40'32" E along the Westerly line of Tract C-10
of said AVENTURA TENTH ADDITION, and said Easterly ri9ht of way line of West Country Club Drive far 30.99 feet
to the Point of Beginning, also being the Northwest corner of said Tract U, the following three (3) courses being
along the exterior boundary of said Tract U; 1) thence S 02.40'32" E for 36.00 feet to a point af curvature;
2) thence Southeasterly along 0 4510.66 foot radius curve leading to the left through 0 central angle at 6.18'50"
for on arc distance of 497.07 feet to the Northwest carner of Tract HH of said FIFTH ADDITION BISCAYNE YACHT
AND COUNTRY CLUB; 3) thence N 81'00'39" E alang the North line of said Tract HH far 211.44 feet to 0 paint
on 0 circular c~rve concave' to the Northeast and whose radius point bears N81.00'38"E; thence Northwesteriy
along a 4299.22 foot radius curve leading to the right through 0 central angle of 3"48'14" for on arc distance
of 285.43 feet to 0 non-tangent point; thence N 28'44'49" W for 43.73 feet; thence N 03.20'32" W far 24.05
feet; thence N 21.07'43" E for 71.73 feet to a pOint on a circular curve concave to the Nartheast and whose
radius point bears N86' 31 '53"E; thence Northwesterly along a 4286.18 foot radius curve leading to the right
through a central angle of 0'59'39" far an orc distance of 74.37 feet to a non-tangent point; thence
S 87"27'34" W for 35.71 feet; thence N 45'59'34" W for 61.79 feet; thence N 00'35'40" E for 6667 feet to 0
point on a circular curve cancave to the Northwest and whose radius point bears N64.51'11"W. also being 0 point
on the exterior boundary of said Tract U; thence Southwesterly along said exterior boundary of Tract U, also being
along a 17000 foot radius curve leading to the right through 0 central angle of 62.10'39" for an arc distance
of 184.48 feet \0 the Paint of Beginning.
~~
2007-034
r LEGAL DESCRIPTION
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 North.east. 168th.. Street / North lv1iami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 / En'lail fls@flssurvey.com
I Daie 10/21/08
Seal e NOT TO SCALE
Job No. 081267
Dwg No. 1008-109-2BR
Sheet 1 of 4
Drawn By
Cad No
Ref. Dwg.
MAP
081267-1
Plotted:
10/22/08 9:340
EXHIBIT A
SURVEYOR'S NOTES
- This site j,es in SectIon 3, Township 52 South, Ronge 42 East, City of Aventura, Miami-Dode County,
Florida
- Bearings hereon ore referred to an ossumed value of S 02'40'32" E for the Easterly r'ght of way line of
West Country Club Drive.
- Lands shown hereon were n01 abstracted for easements and/or rights-af-way of records
- Easements per said Plot Book 99 at Page 20 not shown os requested
- This is not 0 "Boundary Survey" but only a graphiC depiction of the descripl"lon shown hereon.
- Lands shown hereon contoining 117,171 square feet. or 2.69 acres, more or less.
- Dimensions shown hereon ore bosed on Fortin, Leavy, Skiles, sketch #2007-034.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description was mode under my responsible charge on October 21, 2008,
ana meets the Minimum Technical Standards os set forth by the Florida Boord of Professional Surveyors and
Mappers in Chapter 61 G 17 -6, Florida Administrative Code, pursuant to Section 472027, Florida Statutes.
"No! valid without the signature and the original raised
seal of a Flonda Licen u eyar and Mapper"'
:~~T~N__~25~__
Daniel C Fortin, For The~---
Surveyor and Mapper, LS2853
State of Florida.
Drawn By
MAP
081267-1
r
SURVEYOR NOTES AND CERT/F/CA nON
I Date 10/21/08
Scale NOT TO SCALE
Job. No. 0081267
Dwg No. 1008-109-2BR
Sheet 2 of 4
Cad. No
Ref. Dwg
2007-034
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168'th. Street. I North Miami Beach. Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.com
Plotted'
10/22/08 9340
EXHIBIT A
I
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
o
Drawn By
MAP
081267-1
2007 -034
Cad No
Ref. Dwg.
Flotted:
10/22/08 9:340
7300'
RIGH1 or WA'Y
PLA 1 BOOK 99
PAGE 20
w
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I POINTOF~ \
BEGINNIN~ A"' ~ /
\ N8T19'28"E _ -.10-2.:~ _ - EXTERIOR BOUNDARY LINE
J,- - - - - - - A 00 5'4 " OF TRACTS B-lO AND
( = 1 1 ,4 TRACT U
\ R=120.00
L=2149' GRAPHIC SCALE
o .04-0 80
~
7300'
RIGHT OF WAY TRACT 80--110
PLAT BOOK 99 UY
PACE 20 *'2\
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RlGHl OF wp.,"(
PLAT BOOK 99
PAGE 20
\
\
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(
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
POINT OF
r COMMENCEMENT
s.w. CORNER OF TRACT B-10
r TRACT C-10
~"; '00'" '^,,"
.
-'
160
I
( IN FEET )
1 inch = 80 It
A=12054'24"
R=170.00'
L=38.29'
RB=N64051'11"W
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast. 168m. Street IN-or'th 1v.1iami Beach, Florida. 33162
Phone: 305-653-4493 .I Fax 305-651-7152 I En.')ail fls@flssurvey.com
.w
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Nn
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7:100'
RIGHl or WAY
PLA 1 BOOK 99
PAGE 20
SOUTH UNE OF lRACT U
SKETCH OF DESCRIPTION
A=0059'39"
R=4286.18'
L=74.37'
R8=N86031'53"E
LINE TABLE
LINE LENGTH BEARING
II 147.73 S02'40'32"E
L2 52.68 S69'21'03"W
13 112.01 N12014'2S~E
L4 36.00 S02'40'32"E
L5 211.4 N81'00' 39"E
L6 43.73 N2so44' 49"W
L7 24.05 N03'20' 32"W
L8 71.73 N21'07'43"E
L9 35.71 587"27' 34'W
110 61. 79 N45"59' 34'W
L11 66.67 NOO'35'40'E
A=3048'14"
R=4299.22'
L=285.43'
RB=N81000'38"E
NORTH UNE OF TRACT HH
PLAT SOOK 99 PAGE 20~
I Date 10/21/08
Scale 1 "=80'
Job. No. 081267
Dwg. NO.1008-109-2BR
Sheet 3 of 4
Drawn By
Cad. No
Ref Dwg
Plotted:
10/22/08 9:340
\j p..r;:zQ
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p..\3
p..\j(~\0r;:z
AVENTURA MALL
S /"'1 /;
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ass
MAP
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LOCA nON SKETCH
081267-1
2007-034
EXHIBIT A
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N.t:.. \92
G
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast. 168th. Street / North lvriami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 I En1.ail fls@.flssurvey.com
TURNBERRY ISLE RESORT
& COUNTRY CLUB
GOLF COURSE
EXHIBIT A
I
~
I Date 10/21/08
Scale NOT TO SCALE
Job. No. 081267
Dwg. No 1008-109-2BR
Sheet 4 of 4
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant \0 Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is
hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit,
which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and
identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows:
Name
Relationship (i.e. Attorneys, Architects, L8J1dscape
Architects, Engineers, Lobbyists, Ere.)
Allornet
f
~rl1r
~6IAJGG-e.
0u R.- cJE:'( 0 Ii?,
IJ1 , C UA. e L. ;t!1f R,/UjR,.,()
Je;1f~ ~12f!%)W
~ I'-i ~ 0 HJt!!;U II
VA.N.6A- ke,TIAJ
(Allach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE
DEVELOPMENT PERMIT AND .THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE
ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE
APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT
BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS ) DAY OF-7":t "',;
AUTHORIZED REPRESENTATIVE OF APPLICANT:
OWNER
/C
I
,20ri
By:
By:
(Signature)
.!j!ture)
Name: .!!!:
f..Jtint)
Title: ..........;.J4j.
(Print)
SOP
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Address: /J9SJ ~ aCl~ ~& A
f-e1JTH iP~
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Name:
Title:
Address:
SWORN TO AND SUBSCRIBED BEFORE ME this t day OfJ:NE.
.Q!>.. &.0/0
_,~~,:L'!iLy" Ana Be Zeigler
;-':"';t:;':\~i. c,,,mmis.sion:f!; DD~~;8.~j~
;, ...,~!.,:O'i Expires June. 23 ,<_,..ii 0
'-'_-:?~'R;::r~~-\:' ~~~fld;d Troy F:altl ~ Inl>l<if~t1CO. I/'Ie 80n.38S-70i~'
BUSINESS RELATIONSHIP AFFIDA VIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura land Development Code. The undersigned Affiant hereby discloses that
(mark with 'x' ~Iicable portions only)
[1(1. Affianl does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented
112, Affiant hereby discloses that it does have a Business Relationship with a member or the City Commission or a City Advisory
Board to which the application will be pl"esenled, as follows:
(list name of Commissioner or Advisory Board Member) who serves on the
(Ust City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of lolal assets or capital stock
of Applicant or Representative;
r J ii Member of City Commission or Board is a partner, co.shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or jOint venturer with the Applicant or Representative in any
business venture;
I ] iiL The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business or the member of the City Commission or Board (or
his or her employer) in a given calendar year;
[ J vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
/ re than $25,000.00 of the business of Ihe Applicant or Representative in a given calendar year.
-i. DAY OF ....]':..N6, .2008
APPLICANT .I
(Signature)
(Print)
(Print)
'" /oJ l!. , 200.8
(Signature)
(Print)
(Print)
'The terms "Business Relationship: "Client: "Customer: "Applicant: "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventum cay Code.
~L~
.!J.-
WITNESS MY HAND THIS _ DAY OF "3 u I\J....
,2001
By:
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
I:
By:
(Signature)
&,n-e<AJ (Pnnt)
Name:
Name J~e y
T,8, M+ ~
B;7( ~
Name: M. i ,--It\~t ~
Tille
By:
Name:
Title:
By:
Title:
Title:
By:
Title:
Title:
By:
Title
Tille:
A+t1
(Print)
Tille:
:~ature)
M. 0. '( '(Prin~)
By:
Name:
(Print)
Tille:
(Signature)
By:
(Print)
(Print)
Name:
Tille:
(Signature)
By:
(Print)
(Print)
Title:
Title:
(Signature)
By:
(Print)
Tille:
(Print)
Tille:
(Signature)
By:
(Print)
Title:
(Print)
Tille:
NOTE: 1) LIse duplicate sheets if disclosure information for Representative varies
(Signature
(Print)
(Print)
(Signature
(Print)
(Print)
(Signa/ure
(Print)
(Print)
(Signature
(Print)
(Print)
(Signafure
(Print)
(Print)
(Signature
(Print)
(Print)
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3J-71(b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incornplele
t/W ,200&,'
WITNESS MY HAND THIS -DA Y OF -J W fJ F
REPR~~A 1IVE:j (List~d on B~~iness RelaUonship Affidavit)
By::ij;P:;)C;~ (Signature) By: (Signature
Name:U\"'€L C. fV,';;:'T,,l) (Pfint) Name: (Print)
Titl (Print) Title: (Print)
By: By (Signature
Name: '~WS a~cc~ (Print) Name: (Print)
Title: O~ ,..i \2-;P-> (Print) Tille: (Print)
By: (Signature) By: (Signature
Name: (Pfin/) Name: (Print)
Tille: (Print) Title: (Print)
By: (Signa/ure) By: (Signature
Tille: (Print) Title: (Print)
Tille: (Print) Tille: (Print)
By: (Signature) By: (Signa/ure
Title: (Print) Title: (Prinl)
Tille: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Prlni) Title: (Prlnt)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets jf disclosure information for Representative varies
1) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3J-71(b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OHLORIDA )
COUNTY OF MIAMI-DADE)
BelDre me, the under51gned aulhDnty p~r.;onally appeared ,)Q4{COf ~ r ( 0 W 1Ile Afftant who being firsl b, me duly sworn
executed lhl5 Alfidavll lor 1Ile purposes slaled therem and 1I1a\ IllS true and correcl I ~,~
, ~~:\-o(
AFFIANT
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; '- ~ O'/'Jl.~"'- !:~[,:1;~m OjiD5i2l)i.'
'b=~=..==,="":'_"'='=-'-_"'_""-"-"_-'''_'-''
did swear 01 alfnm that hels/Je
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, tile undersigned aulhority. personally appearedM. ,,!tic&- I
executed lhis Affidavit for the purposes slaled therein and that it is true and correct
eing filst by me duly sworn did swear or affirm thai he/she
,.....-.
SW~.Io.Ahln'SlJR.'>CRlB@#llefOl~me'll1is~~'i'~ t.1,a/
1 ~N ~~l t~1JtCJr~ Pu~)!~C Sts~t~ i~~(:!!';~~._ 1
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, v ';,_~._:_:i- v -'~~J"'" :,". '.-;0"'_'" ,'.,'
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\..~~:~~~= ...~1;!~~2~~5EO'~; ", . .......
AFFIANT
a
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STATE OF FLORIDA )
COUNTY OF MIAMI. DADE)
Belme me. Ihe undersigned authority personally appeared
executed illis Affidavit for the purposes 51aled Iherein and illal it is true and correct
the Afflanl. who being firsl by me duly sworn. did swear or afr1f1n lhal he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day 01
.200_
Nolary Public Slate 01 Florida Al Large
Prinled Name of Nolary
My commission expires'
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undelsigned authority. personally appeared
executed this Amdavit for lhe purposes slated therein and thai il is true and Cllrrecl
the Affiant. who being first by me duly swom. did swear Dr amrrn thai he/she
AFfiANT
SWORN TO AND SUBSCRIBED belore me this _ day 01
.200
Notary Public Slale of Florida At Large
Printed Name of Notary
Mt commissiDn expires:
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MlAMI.DADE)
",.. m., .. "...,.""' '"""" """"'~ "p.~d ~lJ le,- c . fio....M,~,. "",,' """" m. ;2 d,' ,~" PO .110", "" h.",,,
execulell t)1IS AtfKlil'llt for Ule purposes slated tI1ereln and lhalllls lrue and correct ~ ~
( AFFIANT
--P .200! L2 f-'
.;' L~1J-.J . rfj-t(
No\pl:y Puplic ~ Of2Prlda Al Lalge .'
~U~/ ,./?A-V
Ponted Name of Notary y ,/
M~ co [llission expires: .~ &1 --:J tJ I J-
,J<I'~~~
~~l"<(,
. .
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""'~ '....li>
OFf\.u-
Notary Public State of Florida
Susan P Kay
My Commission D0767544
Expires 04/06/2012
AFFIA
...p .2001' &..dti-V r!? t/j~I'
~3~~"le~IO~~ye
Prinled Name of Nolary .
My commission eJlpires: '1- /, JtJ/eJ-
SWOR
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. ~ .
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~OFf\.O'"
Notary Public State Of Flonda
Susan P Kay
My Commission 00767544
Expires 04/06/2012
..I'...V
STATE OF FLORIDA )
COUNTY OF MIAMI. DADE)
. ,-;,
Before me, the undersigned aulhotity. personally appeared!. 'j:)-
execuled this Affidavit for the purposes slated lherein and thai il is lrue and correcl
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Berore me, the undelsigned aulhority, personally appeared
execuled this Affidavit for tlle jluJlloses slaled fherein and that it is true and correct
the Affianl. who be"119 firsl by me duly swom did swear or afll!Tl1 lhat he/she
AFFIANT
SWORN TO AND SUBSCRIBED beror~ me this _ day 01
.20(t
NOlary Public Slale 01 Rorida At Large
Printed Name of Notary
My commission expires:
STATE OF flORIDA }
COUNTY OF MIAMI. DADE)
Belore me, the undersigned aulhoOty. per.;onally appeared
executed this Allidavil for the purposes Slated therein and that it is true and correct
the Affiant. who being first by me duly swom, did swear or affirm tIlat he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
.200_
Notary Public Stale 01 FloridaAt large
Printed Name of Notary
My commission expires:
NOTARIZATION PROVISION
S
!~ .
~or ,,:/
Bally Llerena
My Commissior. D0524988 i
Expires 03105120'~ !
_..__.~=~_~-=l
STATE OF flORIDA )
COUNlY OF MlAMI.DADE)
Before me, lIIe undersigned alJlhllrily. per:;onally appeall!dtt lC.n~ I
.xeculed lIIis Affidavit for \he purposes slaled Ulerein and I/lat it is We and correct
!"'it'
~oH'-'1
-~ ,.~
Notary Public Stale oTF/Orid8 .
Betty Llefena "
M, CommisSion DD524988 :
Eroiros 0310512010 l
'-=~":"'''"'
eing first by me duly sworn. did sweM or alr.rm Ihat hers he
S
I'
STATE OF FLORIDA )
COUNTY OF MIAMI.DADE}
Belore me. !he undersigned authorily. pelSonally aPlleall! ~.
executed this A1fidavil for tile purposes slaled therein and thalli is We and correct
or arfi!llllhal he/she
SWORN TO AND SUBSCRIBED helore me 1l1is 4- day of .:.fl~
;:\~;'.f:~'0.~ Ana EL .ze~~~ '~
.:,,,? ii \(~~ (. Qmml.5SlQn "# .~ .
'.'i:;';f~~~;, ~:';;~:';; :-;~~~~~,?:c;' ,'J:> .".
l-.JCfT~Zt!3:
~
STATE OFFlORIDA )
COUNlY OF MIAMI.DADE}
Before me, Ihe undelsigned aulhorily, pelSollally appeared
executed this ArRdavil for the purposes slaled Iherein and thai it is We and correct
the AIfIant who being firsl by me duly swam, did swear 01 arnrm that helshe
AFFIANT
SWORN TO AND SIJBSCRIBED be/Ole me !his _ day or
.200_
Notary Public Slale of Florida Allarpe
Prinled Name of NoIal)'
My commi~iDn expires:
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP DESIGNATION
FOR TWO PARCELS LOCATED ON WEST COUNTRY
CLUB DRIVE, CONTAINING A TOTAL OF 2.69 ACRES
MORE OR LESS AND MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO
PARKS AND RECREATION; AMENDING THE
COMPREHENSIVE MASTER PLAN BY AMENDING THE
FUTURE LAND USE DESIGNATION FOR TWO PARCELS
OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE
CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS
AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B"
FROM PARKS AND RECREATION TO BUSINESS AND
OFFICE; PROVIDING FOR TRANSMITTAL TO THE
AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II,
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COMPREHENSIVE
PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and
WHEREAS, the Future Land Use Map of the Plan designated the property described
in Exhibit "A" as Business and Office; and
WHEREAS, the Future Land Use Map of the Plan designated the property described
in Exhibit "B" as Parks and Recreation; and
WHEREAS, the applicant, TB Isle Resort, LP, has made application to change the
future land use designation of the property described in Exhibit "A" from Business and Office
to Parks and Recreation; and
WHEREAS, the applicant, TB Isle Resort, LP, has made application to change the
future land use designation of the property described in Exhibit "B" from Parks and
Recreation to Business and Office; and
WHEREAS, the City Commission has agreed to approve a Recreation Open Space
zoning designation on the property described in Exhibit "A" and agreed to approve a
Ordinance No. 2009-
Page 2
Community Business zoning designation on the property described In Exhibit "B",
conditioned upon the approval of these respective Plan amendments; and
WHEREAS, the City Commission has determined that the proposed amendments
are consistent with the intent of the original development plan for the properties and that
all public conditions and restrictions have been satisfied; and
WHEREAS, the Plan 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 Plan; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the future land use map designation on the property described in Exhibit "A" from
Business and Office to Parks and Recreation and to amend the future land use map
designation on the property described in Exhibit "B" from Parks and Recreation to
Business and Office; and
WHEREAS, the City Commission believes the amendments will maintain the
unique aesthetic character of the City and improve the quality of life for its residents by
exchanging the future land use designations for these properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. Purpose. That the action contemplated by this Ordinance
preserves the unique aesthetic character of the City, ensures that adjacent land uses are
compatible, protects property values, creates a better business climate, enhances the
physical appearance of the community and preserves the natural beauty of the City.
Section 3. Amendment of Future Land Use Map Desianation. That the future
land use map designation of the parcels of land described in Exhibit "A" to this ordinance,
totaling 2.69 acres is hereby changed from Business and Office to Parks and Recreation.
Ordinance No. 2009-
Page 3
Section 4. Amendment of Future Land Use Map Desianation. That the future
land use map designation of the parcels of land described in Exhibit "B" to this ordinance,
totaling 2.69 acres is hereby changed from Parks and Recreation to Business and Office.
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.
Section 6. 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 and that the
Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish
such intentions.
Section 7. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs and other agencies as provided
under Chapter 163, Part II of the Florida Statutes.
Section 8. Effective Date. This Ordinance shall be effective immediately upon
passage by the City Commission on second reading, except that the effective date of the
Plan Amendments approved by this Ordinance shall be the date a final order is issued by
the Florida Department of Community Affairs or Administration Commission finding that
the Plan Amendments in compliance in accordance with Section 163.3184, Florida
Ordinance No. 2009-
Page 4
Statutes, whichever occurs first. 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 Amendments 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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor T eri Holzberg
Mayor Susan Gottlieb
Ordinance No. 2009-
Page 5
PASSED on first reading on this 5th day of May,2009.
PASSED AND ADOPTED on this 2nd day of June, 2009.
Susan Gottlieb, Mayor
A TIEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
r--v{n-n
CITY A TIORNEY
EXHIBIT A
LEGAL DESCRIPTION:
A portion of Tracts A-10 and S~10, AVENTURA TENTH ADDITlON, according to the plat thereof, os recorded in
Plot Book 136 at Poge 92 of the Public Records of Miami-Dade County, Florida, and being mare particularly
described as follows:
Begin at the most Westerly Northwest corner of said Tract A-10, the following three (3) courses being along the
extenor boundary of said Tract A-10; i) thence N 89'19'2S" E for 74.76 feet; 2) thence N 20'40'37" E for
91.48 feel to 0 point of curvature. 3) thence Northeasterly and Southeasterly along 0 120.00 foot radius ~urve
leading to the fight through 0 centro! angle of 138'25'38" for an arc distance of 289.92 feet to 0 non-tangent
pOint, the following four (4) courses being along the exterior boundary of said Tract B-10; 1) thence
N 69.06'15" E for 18.00 feet, 2) thence S 47"08'16" E for 19328 feet; 3) thence S 69'22'04" E for 60.00 feet
to 0 pOint of curvature;' 4) thence Southeasterly along 0 400.00 foot radiUS curve leading to the right through 0
central angle of 17"56'41" for an ore distance of 125.28 feet to a non-tangent point; thence S 57"28'02" W for
8350 feet, thence N 41'14'20" W for 87.05 feet; thence N 50.29'30" E for 030 feet to a point on 0 circulor
curve concave to the Southwest and whose radius point bears S86'59'06"W; thence Northwesterly along a 4343
foot radius curve leadIng to the left through a central angle of 76'34'58" for an arc distance of 58.05 feet to a
non-tangent point; thence S 48'04'50" W for 0.37 feet, thence N 41'22'59" W for 27 49 feet; thence
S 48.35.33" W for 10.09 feet; thence N 41'27'47" W for 2874 feet; thence S 48.38'02" W for 2357 feet; thence
N 41.11'14" W for 3103 feet; thence N 87"02'24" W for 13.93 feet; thence S 48.32'04" W for 79.44 feet; thence
S 06'10'31" W for 6.23 feet; thence S 72'"05'05" W for 26.41 feet to a point on 0 circular curve concave to the
Northwest and whose radiUS point bears S77"22'35"W, thence Southeosterly, Southwesterly and Northwesterly along
a 77.86 foot radius curve leading to the fight through a centrol angle of 178.55'58" far an ore distance of
243.15 feet to 0 nan-tangent point; thence S 87"31'08" W for 2818 feet; thence N 40'50'17" W for 36.67 feet,
thence S 87"22'02" W for 2730 feet; thence S 42'22'03" W for 16.97 feet; thence S 02'37'55" E for 47.13 feet;
thence S 87'"30'53" W for 61.56 feet to a point on the Westerly line of said Tract A-10, also being the Easterly
right of way line of West Country Club Drive, thence N 02'"40'32" W along said Westerly line of Tract A-10 and
Easterly right of way line of West Country Club Drive far 15558 feet to the Point of Beginning
AND
Commence at SOld most Westerly Northwest corner of Tract A-10; thence S 02'40.32" E along said Westerly line
of Tracts A-10 and B-10, and Easterly right of way line of West Country Club Drive for 837.96 feet; thence
N 87'26'47" E for 200.46 feet to the Point of Beginning; thence continue N 87"26'47" E for 63.18 feet; thence
N 42"26'47" E for 16.77 feet; thence N 02"33'13" W for 33.67 feet; thence N 87"26'47" E for 12069 teet;
thence S 02'33'13" E for 42.01 feet; thence S 87"26'47" W for 41.45 feet; thence S 02'33'13" E for 39.61 feet;
thence N 87"26'47" E for 62.28 feet, thence S 02'"33'13" E for 24.13 feet, the following six (6) courses being
along the exterior boundary of SOld Tract B-10; 1) thence S 87"26'47" W for 15.34 feet; 2) thence
S 02.33'13" E for 34.14 feet; 3) thence S 87"26'47" W for 13242 feet; 4) thence N 02'"33'13" W for 74.14 feet;
5) thence N 47"42'35" W for 19.88 feet to a point on 0 circular curve concave to the Southeast and whose
radius point bears S29'22'29"E; 6) thence Southwesterly along 0 120.00 foot radius curve leading to the left
through 0 central angle of 38.07'22" for on ore distance of 7984 feet to 0 non-tangent point; thence
N 02.40'32" W for 62.46 teet to the POint of Beginning.
Drawn By
Cad. No
Ref Dwg.
MAP
081267
r LEGAL DESCRIPTION
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653
180 Nonheast 168m. Street I North. Miami Beach, Florid.a. 33162
Phone: 305-653-4493 / Fax 305-651-7152 I Eniail fls@flssurvey.com
I Date 10/21/08
Scale NOT TO SCALE
Job. No. 081267
Dwg. No 1008-109-18
Sheet 1 of 4
2007 -034
Plotted:
10/22/08 9:340
EXHIBIT A
SURVEYOR'S NOTES:
- This site lies In Seclion 3. Township 52 South. Range 42 East and Seclion 34, Township 51 South,
Range 42 East, City of Aventura, Miami-Dade County, Florida
- Bearings hereon ore referred to on assumed value of S 02'40'32" E for the Easterly right of way line of
West Country Club Drive
- Lands shown hereon were not abstracted for easements and/or rlghts-of-woy of records
- This is not 0 "Boundary Survey" but only 0 graphic depiction of the description shown hereon
- Lands shown hereon containing '117,167 square feet, or 2_69 ocres, more or less
- Dimensions shown hereon ore based on Fortin. Leavy, Skiles, sketch #2007-034.
SURVEYOR'S CERTIFICATION:
j hereby certify that this "Sketch of DescriDtion was mode under my responsible charge on October 21, 2008.
and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and
Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
"Nol valid wilhout the signature and the original raised
seal of a Florida Licensed Surveyor and Mapper"
FORTIN, LEAVY, SKILES, INC., LB3653
By
Daniel C Fortin. Fcr The Firm
Surveyor and Mapper, LS2853
State of Florida
Drawn By MAP r SURVEYOR NOTES AND CERT/F1CA T/ON I Date 10/21/08
Cad. No. 081267 Scale NOT TO SCALE
Ref Dwg. FORTIN, LEA VY, SKILES, INC. Job. No. 08 1 267
2007-034 CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CER TIFICA TE OF AUTHORIZATION NUMBER: 00003653 Dwg NO.1008-109-18
180 Northeast 168th. Su-eet / North Miami Beach.. Florida. 33162
Plot led: 10/22/08 9:340 Phone: 305-653-4493 / Fax 305-651-7152 / En.ail fls@flssurvey.cOD"'l Sheet 2 of 4
-
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LENGm
74.76
91.48
1800
'93.2B
60.00
B3.50
B7.05
0.30
0.37
27.49
10.09
2B.74
23.57
31.03
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28.18
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N50'29'30'[
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N41'27'47"W
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N87"02'24"W
S48'32'04"W
506"0'31"W
572'OS'05"W
5B7"31'08"W
N40"SO'17"W
TRACT U
EXHIBIT A
FIFTH ADDIT ION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
A; 76034'58"
R;43.43'
L;58.05'
R8;S86059'06"W
~A;lr56'41"
R;40000'
L; 125.28'
L.s
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L22
L23
L24
L25
L26
L27
L28
L29
L30
L31
L32
U3
U4
US
U6
L37
UB
U9
L40
UNE TABLE
LENGTH
27.30
16.97
47.13
61.56
155.58
63.1B
16.77
33.67
120.69
4201
4-1.45
39.61
62.2B
24.13
15.34
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132.42
74.14
19.BB
62.46
TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL
FORTIN, LEAVY, SKilES, SKETCH #2007-034
FIFTH ADDITION
BISCA YNE YACHT ANO COUNTRY CLUB
PLAT BOOK 99 PAGE 20
Drawn By
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SKETCH OF DESCRIPTION
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587"30'53"W
N02'40'32"W
NB7"26'47'"E
N42'26' 47"E
N02'3.:n 3"W
N87"26'47"[
502'33'13"E
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502'33'13'E
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1 inch = 120 It.
120
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I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast J. 68th. Street / North Miau:a.i Beach, Florida. 33162
P'hone; 305-653-4493 I Fax 305-651-7152 / En"ail tls@flssu.rvey.com
I Date 10/21/08
Scale 1"=120'
Job. No. 081267
Dwg. NO.1008-109-1B
Sheet 3 of 4
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73 00' I OF TRACT B~10
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Ref. Dwg.
2007 -034
Plotted:
10/22/08 9:340
EXHIBIT A
EXHIBIT A
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TURNBERRY ISLE RESORT
& COUNTRY CLUB
GOLF COURSE
TURNBERRY ISLE RESORT
& COUNTRY CLUB
EXHIBIT A
A VENTURA MALL
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Drawn By
Cad. No.
I Date 110/21/108
Scale NOT TO SCALE
Job No. 081267
Dwg. NO.1008-109-18
Sheet 4 of 4
LOCA TlON SKETCH
MAP
1081267
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Nonheast 168ch. Street I Norfh Miami Beach.. Florid.a. 33162
Phone: 305-653-4493 I Fax 305-651-7152 / En;1ail fts@flssurvey_con,1.
Ref Dwg.
20107-1034
Plotted.
10/22/08 9340
EXHIBIT 8
LEGAL DESCRIPTION
A portion of Tract U, F1FTH ADDlTlON BJSCAYNE YACHT AND COUNTRY CLUB, occordmg to the plot thereof, os
recorded In Plot Book 99 at Page 20 oj the Public Records of Miami-Dade County, Fiorldo, and being more
particularly described os follows:
Commence at the Southwest corner of Tract B-10, AVENTURA TENTH ADDITION, accardmg to the plot thereof, os
recorded in Plot Book 135 at Page 92 of the PubliC Records of Miami-Dade County, Florrdo, thence
N 02'40'32' W along the Westerly line at said Tract B-10, also being the Easterly rrghl 01 way line of West
Country Club Drrve for 223.55 feet; thence N 87" 19'28' E for 200.45 feet to the Point of Begmning, thence
S 02'40'32' E for 147.73 feet: thence S 69'21'03'" W for 52.58 feet to 0 point on 0 circular curve concave to
the Northwest and whose radius point bears N54'51'11'W, the fOllowmg three (3) courses being along the exterior
boundary of said Troel B-10: 1) thence Northeasterly olong 0 17000 foot radiUS curve leading to the left
through 0 central angle of 12'54'24' for on arc distance of 38.29 feet to G point of tangency; 2) thence
N 12'14'25" E for 11201 feet to 0 point of curvature: 3) thence Northeasterly along 0 12000 foot radius curve
leadrng to the fl9ht through 0 central angle of 10'15'44" for on ore distance of 21.49 feet to the Point of
Beginning,
AND
Commence at said Southwest corner of Tract 8-10; thence S 02'40'32" E 010n9 the Westerly line of Tract (-10
of said AVENTURA TENTH ADDITJON, and said Easterly right of way line of West Country Club Drive for 30.99 feet
to the Point of Beginning. also being the Northwest corner of SOld Tract U, the following three (3) courses being
olong the exterior boundary of said Trael U, 1) thence S 02'40'32" E for 35.00 feel to a point of curvature;
2) thence Southeasterly along 0 4510.55 foot radiUS curve leading to the left through 0 central angle of 6'18'50"
for on arc distance of 497.07 feet to the Northwest corner of Tract HH of SOld FIFTH ADDlTION BISCAYNE YACHT
AND COUNTRY CLUB; 3) thence N 81'00'39" E along the North line of said Tract HH for 211.44 feet to 0 point
on 0 circular curve concave to the Northeast and whose rodius point bears N81'00'38"E, thence Northwesterly
along 0 4299.22 foot radius curVe leadrng to the fight through 0 central angle of 3'48'14" for an arc distance
of 285.43 feet to a non-tangent point; thence N 28'44'49" W for 43.73 leet; thence N 03'20'32" W lor 24.05
feeti thence N 21'07'43" E for 71.73 feet to 0 point on 0 circular curve concave to the Northeast and whose
radius point bears N85' 3' '53 T: thence Northwesterly along 0 428518 foot radius curve leading to the right
through 0 central angle of 0"59'39" for on arc distance of 74.37 feet to 0 non-tangent point; thence
S 87"27'34" W for 35.71 leet; thence N 45'59'34" W for 61.79 feet: thence N 00"35'40" E for 65.57 feet to a
point on a clfcular curve concave to the Northwest and whose radius pOint bears N54'51'11"W, olso being 0 point
on the exterior boundary of soid Tract U; thence Southwesterly along said exterior boundary of Tract U. also being
along 0 17000 foot radiUS curve leading to the right through 0 central angle of 52'10'39" for on arc distance
of 184.48 feet to the POint of Beginning.
~~
Drawn By MAP ( LEGAL DESCRIPTION I Date 110/21/108
Cad. No 1081267-1 Scale NOT TO SCALE
Ref Dwg. FORTIN, LEAVY, SKILES, INC, Job. No 1081267
210107-10.34 CONSULTING ENGINEERS, SURVEYORS &: MAPPERS
FLORlDA CERTIFICATE 'OF AUTHORlZA TION NU}...1BER: 00003653 Dwg. No. 11008-109 -2BR
Plotted' 180 Northeast 168m. Street / NOr1:h Miami Beach, Flori.da. 33162 Sh eet
, 0/22/08 9:340 Phone; 305-653-4493 I Fax 305-65l-7152 / En..ail :f1s@i1ssurvey.com 1 of 4
EXHIBITB
SURVEYOR'S NOTES
- This site lies In Section 3, Township 52 South, Range 42 East, City of Aventuro. Miami-Dade County,
Florida
~ Bearings hereon ore referred to an assumed value of S 02'40'32" E for the Easterly right of way line of
West Country Club Drive
- Lones shown hereon were not abstracted for easements and/or nghts-of-way of records
- Easements per said Plot Book 99 at Page 20 not shown os requested
- This IS not 0 "Boundary Survey but only 0 graphic depiction of the description shown hereon.
- Lands shown hereon containing 117,171 square feet, or 2.69 acres, more or less.
- DimenSions shown hereon ore based on Fortin. Leavy. Skiles. sketch #2007-034
SURVEYOR'S CERTIFICATION:
] hereby certify that thiS "Sketch of DescClplion wes mode under my responsible charge on October 21, 2008,
and meets the Minimum Technical. Standards os set forth by the Florida Boord of Professional Surveyors and
Mappers In Chapter 51 G17-5, Florido Administrative Code, pursuant to Section 472027, Florida Statutes.
"NOi valid wi1hoU1 the signature and the original raised
seal 01 a Florida Licen ~ eyor and Mapper"
~:R:O':.;,~Z~3
Surveyor and Mopper, LS2853
State of Florida,
Drawn By
Cad. No
MAP
081267-1
(
SURVEYOR NOTES AND CERT/F/CA T/ON
I Date 10/21/08
Scale NOT TO SCALE
Job. No. 0081267
Dwg No. 1008-109-2BR
Sheet 2 of 4
Ref Dwg
2007-034
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168m. Street / North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.com
Plotted:
10/22/08 9:340
EXHIBITB
I
\
\
~ 73.00'
RIGHT OF WAY
PlAl BOOK 99
PAGE 20
\
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Cad No.
081267-1
Ref. Dwg.
2007-034
PloUed, 10/22/08 9,340
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PLAT SOOK 99
PAGE 20
I POINT OF ~
BEGINNING ~
t - _N~T~~'~ - ~OQ~ - ~
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OF TRACTS 8~10 AND
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PLAT BOOK 99 LQi U V
PAGE 20 'en \ AVENTURA TENTH ADDITION
co PLAT BOOK 13& PAGE 92
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40 80 160
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J inch = 80 It
A=12054'24"
R=17000'
L=3829'
RB=N64051'11 'W
FIFTH ADDITION
BISCA YNE YACHT AND COUNTRY CLUB
PLA T BOOK 99 PAGE 20
L9
( SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKlLES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168rh. Scree'!; I Norch Mian:).i Beach, Flo.cida. 33162
Phone: 305.653-4493 I Fax 305-651-7152 I Ernai1 fls@fls5urv~ey.con:l
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PLA T BOOK 99
PAGE 20
soum LINE Of TRACT u
I A=oo59'39"
, R=4286.18'
l=7437'
RB=NS6031 '53"E
LINE TABLE
LINE LENGTH BEARING
11 147.73 S02'40'32"E
lZ 5Z68 569'Zl'OYW
LJ 112.01 N1 r14'ZS"E
L4 3600 50240'32"[
LS 211.4 N81'00' 39"[
L6 43.73 N28.44.49~W
L7 24,05 NOnO'32"W
L8 71.73 N21'07' 4Y[
L9 3571 S87"27'34"W
L10 61.79 N4S'59' 3-4"W
1I1 66.67 NOO'35' 40"[
/lA=3048'14"
R=4299.22'
L=28543'
RB=N81000'3S"E
NORTH UNE OF TRACT HH
PLAT BOOK 99 PAGE 20~~
I Date 10/21/08
Scale 1"=80'
Job. No. 081267
Dwg. No. 1008-109-2BR
Sheet :3 of 4
EXHIBiT~
TURNBERRYISLERESORT
& COUNTRY CLUB
GOLF COURSE
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Drawn By
( LOCATION SKETCH
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATIOK'N"UMBER: 00003653
180 Northeast 168'th, So-eet: / North }.Jfiami Beach, Florida. 33162
Phone: 305-6.53-4493 / Fax 305-6:51-7152 I Email fis@flssur...'ey.co.rn
I Date 10/21/08
Scale NOT TO SCALE
Job. No 081267
Dwg NO.1008-109-28R
MAP
Cad No
081267-1
Ref. Dwg.
2007-034
PloUed:
10/22/08 9:340
Sheet 4 of 4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, IC
City Manager /
BY: Joanne Carr, AICP
Community Developmen rector
DATE:
April 16, 2009
SUBJECT:
Application by TB Isle Resort, LP for amendments of the Official Zoning
Map of the City of Aventura by amending the zoning designation for two
parcels on West Country Club Drive totaling 2.69 acres from B2,
Community Business District, t.o ROS, Recreation Open Space and by
amending the zoning designation for two parcels on West Country Club
Drive totaling 2.69 acres from ROS, Recreation Open Space to B2,
Community Business District (01 & 02-REZ-08)
May 5, 2009
May 5, 2009
June 2, 2009
Local Planning Agency Agenda Item tJ -B
City Commission Meeting Agenda Item fJ .n
City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission:
1. Approve an amendment to the Official Zoning Map of the City of Aventura by
amending the zoning designation for two parcels on West Country Club Drive
totaling 2.69 acres from B2, Community Business District to ROS, Recreation
Open Space; and
2. Approve an amendment to the Official Zoning Map of the City of Aventura by
amending the zoning designation for two parcels on West Country Club Drive
totaling 2.69 acres from ROS, Recreation Open Space to B2, Community
Business District; and
3. Approve the Third Amendment to the "Restrictions for Biscayne Village, Dade
County, Florida" relating to the golf course and country club parcels
and
4. Accept the Declaration Restrictions for site improvements proffered by the
applicant.
THE REQUEST
The applicant, TB Isle Resort, LP, is requesting amendments to the Official Zoning Map
to exchange the zoning designation of four parcels of land within its resort and golf
course property on West Country Club Drive. The northerly parcels, totaling 2.69 acres
in size, are proposed to be changed from B2, Community Business District, to ROS,
Recreation Open Space, and the southerly parcels, totaling 2.69 acres in size, are
proposed to be changed from ROS, Recreation Open Space to B2, Community
Business District. Corresponding applications for amendments to the Future Land Use
Map of the City's Comprehensive Plan have also been submitted by the applicant and
must be approved prior to approval of this rezoning. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTIES:
TB Isle Resort, LP
NAME OF APPLICANT
TB Isle Resort LP
LOCATION OF PROPERTY
19999 West Country Club Drive
See Exhibit #2 for Location Map
See Exhibit #3 for Parcel Locations
SIZE OF PROPERTIES
Northerly parcels: 2.69 acres
Southerly parcels: 2.69 acres
PROPERTY DESCRIPTION
See Exhibit #4 for North Parcels Description
See Exhibit #5 for South Parcels Description
DESCRIPTION IBACKGROUND
The site owned by the applicant is comprised of the Turnberry Isle Resort and the
Turnberry Golf Club on West Country Club Drive. The applicant requests an exchange
of zoning on four parcels on West Country Club Drive to facilitate future expansion of
the resort. No development plans have been submitted at this time.
The northerly parcels are the location of the pool, grill room and conference center
entry area. The southerly parcels are the location of the maintenance, laundry, nursery
and storage area. The applicant is requesting corresponding comprehensive plan
amendments to allow the rezoning of these parcels. The proposed rezonings will
facilitate future expansion of the resort on the southerly parcels.
2
The existing uses on the parcels comply with the uses permitted in the respective
proposed zoning categories. The pool and grill room parcel to be changed from B2 to
ROS can be considered accessory uses to the golf course since golf club members
have access to these amenities as part of their membership package. These
recreational uses also comply with the uses permitted pursuant to the existing
Declaration of Restrictions on the golf course parcel. The conference center entry
parcel serves as access to both the resort and the golf course. The proposed ROS
zone on this entry parcel will restrict future development in this area. The maintenance,
laundry, nursery and storage area proposed to be changed from ROS to B2 are
accessory uses to both the resort and golf course.
There is an existing Declaration of Restrictions dated May 21, 1970 affecting these
parcels. This declaration restricts the 241 acre, more or less, parcel designated as
Tract AA on the original Land Allocation Map for Biscayne Village to golf course uses
and the 16.5 acre, more or less, parcel designated as Tract S to country club uses. It
further provides that these restrictions will continue for a period of 99 years unless
released or revised by the Dade County Board of Commissioners with the consent of
75% of the property owners within the Biscayne Village subdivision and within 150 feet
of the exterior boundaries of the subdivision. The City Commission of the City of
Aventura is the successor to the Dade County Board of Commissioners.
The 1970 declaration of restrictions was amended on July 17, 1972 to reconfigure
Tracts AA and S pursuant to resolutions of the Dade County Board of Commissioners.
A further amendment dated December 20, 1988 approved minor adjustments to the
boundaries of Tract AA and confirmed the new legal description of the golf course and
country club parcels. The 1988 reconfigured parcels were the same size as those
approved in the 1970 declaration.
The proposed reconfiguration of the golf course and country club parcels under this
current application will result in the same size of golf course and country club parcels,
that is, the golf course parcel will contain 241 acres more or less and the country club
parcel will contain 16.5 acres more or less. The City Attorney has reviewed the
application and finds no conflict with the intent of the previous resolutions and
declarations. As pointed out by the applicant, the consent requirement from 75% of the
property owners within the Biscayne Village subdivision and within 150 feet of the
exterior boundaries of the subdivision was not required by the County in its 1988
resolution since the size of the golf course and resort parcels remained the same. The
applicant is requesting that the City apply that same interpretation to the current
applications as applied by the County in 1988. The proposed Third Amendment to
Restrictions, attached as Exhibit #6, describes the new parcel boundaries and confirms
that the size of the golf course and resort parcels remain the same as required by the
1970 restriction at 241 acres, more or less 16.5 acres, more or less, respectively.
The amended restrictions also confirms that all of the terms and conditions of the
original restrictions in 1970 as amended in 1972 and in 1988 will remain in full force and
effect.
3
ANAL YSIS
I. NORTHERLY PARCELS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
II. SOUTHERLY PARCELS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Business and Office
Parks and Recreation (Parcel 1)
Business and Office (Parcel 2)
Business and Office (Parcel 1)
Parks and Recreation (Parcel 2)
Parks and Recreation (Parcel 1)
Business and Office (Parcel 2)
Business and Office
B2, Community Business District
ROS, Recreation Open Space (Parcel 1)
B2, Community Business District (Parcel 2)
B2, Community Business District (Parcel 1)
ROS, Recreation Open Space (Parcel 2)
ROS, Recreation Open Space (Parcel 1)
B2, Community Business District (Parcel 2)
B2, Community Business District
swimming pool, grill room, conference entry area
golf course, conference center
resort, golf course
golf course, conference center
resort
Parks and Recreation
Business and Office
Medium-High Density Residential
Parks and Recreation
Business and Office
ROS, Recreation Open Space
B2, Community Business District
RMF4, Multifamily High Density Residential District
ROS, Recreation Open Space
B2, Community Business District
4
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
n u rsery/mai ntenance/storage
resort
residential condominium
golf course
regional mall
Access - The parcels front on West Country Club Drive. Access is existing to the
parcels.
Conformity to City Comprehensive Plan - The proposed rezoning is conditioned on
approval of amendments to the Future Land Use Map of the Comprehensive Plan to
change the future land use designation of the northerly parcels from Business and
Office to Park and Recreation and to change the future land use designation of the
southerly parcels from Parks and Recreation to Business and Office respectively.
The following is staff's analysis of the proposed amendments to the Official
Zoning Map using the standards for review in Section 31-77 of the Land
Development Regulations:
I. Proposed amendment from 82 to ROS for northerlv parcels
1. Whether or not the proposed amendment is consistent with goals, objectives and
policies of the City's Comprehensive Plan.
The proposed amendment will be consistent with goals, objectives and policies of
the City's Comprehensive Plan provided the City Commission approves the
concurrent applications for amendment to the future land use designations for these
parcels.
2. Whether or not the proposed zoning district is compatible with the surrounding
area's zoning designation(s) and existing uses.
The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses. The parcel is proposed to be added to the golf
course ROS zoning designation. The swimming pool and grill room are located on
this parcel and are part of the golf club members' amenities. The conference center
entry area will be incorporated into the adjacent ROS zone and will restrict future
development in this area. There will be no net change in the amount of land in
either the ROS or B2 zone.
3. Whether or not the subject property is physically suitable for the uses permitted in
the proposed district.
5
The subject property is physically suitable for the uses permitted in the proposed
district.
4. Whether or not there are sites available in other areas currently zoned for such use.
This criterion is not applicable to this application. The effect of the application will
result in the same amount of ROS zoned land within the development.
5. If applicable, whether or not the proposed change will contribute to redevelopment
of an area in accordance with an approved redevelopment plan.
Although not shown on the site plans approved to date by the City, the applicant
advises that the proposed change has been contemplated as an element of the
ongoing redevelopment of the resort and golf course.
6. Whether or not the proposed change would adversely affect traffic patterns or
congestion.
There will be no net increase in the size of ROS zoned land in this development.
Traffic volumes are expected to remain constant. Therefore, the proposed change
would not adversely affect traffic patterns or congestion.
7. Whether or not the proposed change would adversely impact population density
such that the demand for water, sewers, streets, recreational areas and facilities,
and other public facilities and seNices would be adversely affected.
The proposed change will not adversely affect population density such that the
demand for water, sewers, streets, and other public facilities and services would be
adversely affected because the application proposes no increase in population.
8. Whether or not the proposed change would have an adverse environmental impact
on the vicinity.
The proposed change will not have an adverse environmental impact on the vicinity.
9. Whether or not the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed change will not adversely affect the health, safety, and welfare of the
neighborhood or the City as a whole. The resulting zoning designation will be the
same as currently provided but in a slightly different location within the applicant's
property.
6
II.Proposed amendment from ROS to 82 for the southerlv parcels
1. Whether or not the proposed amendment is consistent with goals, objectives and
policies of the City's Comprehensive Plan.
The proposed amendment will be consistent with goals, objectives and policies of
the City's Comprehensive Plan provided the City Commission approves the
concurrent applications for amendment to the land use designations for these
parcels.
2. Whether or not the proposed zoning district is compatible with the surrounding area's
zoning designation(s) and existing uses.
The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses. The existing resort buildings are immediately
adjacent to the north. There is a three story parking garage that serves the
Turnberry on the Green residential condominium building immediately adjacent to
the south. The proffered site improvements to the maintenance/storage area next to
the residential zone will be a benefit to the neighbors. The current height and
setback restrictions in the 82 zone when next to a residential zone will ensure that
any future development is compatible.
3. Whether or not the subject property is physically suitable for the uses permitted in the
proposed district.
Although no site plan is associated with this application, the subject property IS
physically suitable for the uses permitted in the proposed 82 zoning district.
4. Whether or not there are sites available in other areas currently zoned for such use.
This criterion is not applicable to this application. The effect of the application will
result in the same amount of 82 zoned land within the development.
5. If applicable, whether or not the proposed change will contribute to redevelopment of
an area in accordance with an approved redevelopment plan.
Although not shown on the site plans approved to date by the City, the applicant
advises that the proposed change has been contemplated as an element of the
ongoing redevelopment of the resort and golf course.
6. Whether or not the proposed change would adversely affect traffic patterns or
congestion.
There will be no net increase in the size of 82 zoned land in this development.
Traffic volumes are expected to remain constant. Therefore, the proposed change
would not adversely affect traffic patterns or congestion. Any future development
7
application will require submission of a traffic study for the City's review and
approval.
7. Whether or not the proposed change would adversely impact population density such
that the demand for water, sewers, streets, recreational areas and facilities, and other
public facilities and services would be adversely affected.
The proposed change will not adversely affect population density such that the
demand for water, sewers, streets, and other public facilities and services would be
adversely affected because the application proposes no increase in population.
8. Whether or note the proposed change would have an adverse environmental impact
on the vicinity.
The proposed change will not have an adverse environmental impact on the vicinity.
9. Whether or not the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed change will not adversely affect the health, safety, and welfare of the
neighborhood or the City as a whole. The resulting zoning designation will be the
same as currently provided but in a slightly different location within the applicant's
property.
School Impacts - The requested change in zoning designations do not require
analysis for school impacts since both zoning categories are commercial and do not
generate new students into the school system.
Site Improvement Proffer - The applicant has proffered site improvements to the
southerly parcel containing the maintenance, laundry, nursery and storage buildings
and proposed to be zoned B2, Community Business District by way of recorded
restriction attached as Exhibit #7. These improvements include construction of a six
foot high metal picket fence along the western and southern property limit in design
similar to the fence at the City's Founder's Park, installation of landscaping on the
western boundary along the new fence line, trimming of the existing Australian Pine
trees, relocation of the trash enclosure and compactor for golf course and resort grass
cuttings to the north limit to abate noise and smell nuisance to the adjacent residential
property, relocation of large machinery from the south limit to the north limit, cleaning
and repainting of existing buildings and relocation of stored materials including clay
pots, mulching material and geofabric from the south limit to the north limit. These
improvements are shown pictorially on Exhibit "C" attached to the declaration of
restrictions. The restrictions provide that the applicant is to complete the site
improvements within six months of the date of approval of this application. In addition
to the site improvements, the restrictions include a prohibition of setback variances for
future redevelopment on the south limit proposed B2 parcel to assure the neighboring
residential property that required setbacks will be maintained.
8
~
BERCOW RADELL & FERNANDEZ
ZONING. LAND USE AND ENVIRONMENTAL LAVV
DIRECT LINE. (305) 377~6238
E~Mail: mmarrero@BRZonmgLawcom
May 30, 2008
Exhibit 1
01 & 02-REZ-08
02 & 03-CPA-08
VIA HAND DELIVERY
Ms. Joanne Carr, Planning Director
City of A ventura
19200 West Country Club Drive, 4th Floor
A ventura, Florida 33180
Re:
19999 West Country Club Drive;
Comprehensive Land Use Amendment
Zoning District
Chancre
t>
i1.11d
Dear Joanne:
This law firm represents TB Isle Resort LP witll regi1.rd to lh,~
improvements and redevelopment of the Fairmont Turnberry Isle Eesort Sf. Club
at 19999 West Country Club Drive (the "Property"). This letter shall serve as the
Applicant's letter of intent to rezone and redesignate a portion of the Propetv
from ROS / Parks and Recreation to B2 / Business and Office; and to rezone and
redesignate an equal portion of B2 / Business and Office area to ROS / Parks and
Recreation. These zoning and CDMP amendments are part of the overall Phase I
redevelopment of the Property.
The conceptual master plan for the redevelopment of the country
club/ golf course includes a change in the zoning of the laguna pool, grill room.
and tennis court area on the north and west side of the country club (tIle
"Recreation Area") to the ROS zoning district and Parks and Recreation
designation on the City's Future Land Use Map. In turn, the
maintenance/nursery area on the southwest side of the country club (the IIFuture
Hotel Development Area") would become part of the B2 zoning district and
Business and Office designation on the City's Future Land Use lYIap. Tbe
amount of land that is located in each zoning district would not change, S1m pI y
its location. This proposed IIland swap" will shift the pool and tennis courts in
the country club from the B-2 District to the ROS District.
Section 31-148 of the City Code states that the ROS District lIis intended to
provide for the recreation and open space needs of the City." Pools and tennis
courts certainly contribute to the recreational needs of the City, and thus are in
WACHOVIA ANANCIAL CENTER' 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 . MIAMI, FLORIDA 33131
PHONE. 305.374.5300' FAX. 305.377.6222
f\.1s. Joanne Carr
May 15, 2008
Page 2 of 4
the spirit of the ROS District. Furthermore, the following uses are explicitly
permitted in the ROS District:
a. Open space and passive recreational areas;
b. Golf course;
c. Boat ramps and docks;
d. Outdoor culturat educational and civic facilities;
e. Parks;
f. Waterways; and
g. Uses accessory to any of the above uses when located on the same plot
There is no detailed description of "parks" in the Use Regulations of the ROS
District, nor is it defined in the City's land development regulations. However/
common sense dictates that parks are intended to include tennis courts and
pools, as a permitted uses. Nevertheless, at a minimum, they should both be
considered accessory uses to parks and golf courses.
(1) The proposed amendment is consistent with goals, objectives and policies
of the City's Comprehensive Plan.
The proposed change will not be inconsistent with the goals,
objectives and policies of the City's Comprehensive Plan. There
will be no net change in the amount of land for either zoning
district.
(2) The proposed zoning district is compatible with the surrounding area's
zoning designation(s) and existing uses.
There Property is already zoned a combination of B2 and ROSj and
there additional lands surrounding the Property that are zoned B2
and ROS. Furthermore, since the resulting areas of each zoning
district on the Property will be the same as prior to the amendment,
the change is certainly compatible.
(3) The subject property is physically suitable for the uses permitted in the
proposed district.
Although there has been no site plan associated with this
application, the anticipated uses permitted in the proposed districts
BERcaw RADELL & FER NAN DEZ
ZONING. LAND USE AND ENVIAONrv'lENTAL LAVV
Ms. Joanne Carr
May 15, 2008
Page 3 of 4
are, not only physically suitable but compatible and associated
with the existing use on the Property.
(4) There are sites available in other areas currently zoned for such use.
Not applicable. The effect of this application will result in the same
amount of Parks and Recreation / ROS and Business and Office /
B2 land.
(5) If applicable, the proposed change will contribute to redevelopment of an
area in accordance with an approved redevelopment plan.
The proposed change has been contemplated as an element of the
ongoing Property redevelopment.
(6) The proposed change would adversely affect traffic patterns or congestion.
The proposed change will have no adverse traffic impact.
(7) The proposed change would adversely impact population density such
that the demand for water, sewers, streets, recreational areas and facilities, and
other public facilities and services would be adversely affected.
The application proposes on increase in population or overall
changes in use.
(8) Whether the proposed change would have an adverse environmental
impact on the vicinity.
There is not expected to be any environmental impact as a result of
this application.
(9) Whether the proposed change would adversely affect the health, safety,
and welfare of the neighborhood or the City as a whole.
The proposed change will not adversely affect the health, safety
and welfare of the neighborhood or the City. Again, the resulting
zoning and comprehensive plan designations will be the same as
currently provided, but in slightly different locations within the
Applicant's property.
Bi::RCOW RAOi::LL ~ Fc:RNANDU
ZC>NING. LAND USE AND ENVIAONrvlENT.A.L LAVV
Ms, Joanne Carr
May 15, 2008
Page 4 of 4
Conclusion. The proposed amendments to the City's Future Land Use
Map and the City's Zoning Map are part of the overall master plan for the
Property, as well as one of the final components of the Phase I redevelopment
that began in 2006. As described in the foregoing letter, the net amount of
ROSjParks and Recreation and B2jBusiness and Office land will rernain the
same following these amendments, and it will all be retained on the Property.
As such, we look forward to your positive review and recommendation of these
applications. Please feel free to contact me regarding any comments or questions
you may have.
Sincerel y,
cc: Ms. Joanne Carr, Planning Director
David Wolpin, City Attorney
Ken Bernstein, Esq.
Dar Gennett, Esq.
Jeffrey Bercow, Esq.
BERCOW RADELL 5. FER NAN DEZ
ZONING. LAND USE AND ENVIAONI\IIENTAL LAVV
IVESDAIRY RD.
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Exhibit 2
01 & 02-REZ-08
02 & 03-CPA-08
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AVENTUAA
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Exhibit 3
01 & 02-REZ-08
02 & 03-CPA-08
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TURNBERRY ISLES RESORT & COUNTRY CLUB
2.69 Acres Swap Area
A VENTURA, FLORIDA
THOMAS CHECCA, p,E'1
ENVIRONMENTAL CONSULTANT
"568NQI'thweSl73rdManor/Pali<Jand,F1orkla33076
"""",O"""F~ ('''' _, """76' ' ","'N ,-- ~ ........
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Exhibit 4
01 & 02-REZ-08
02 & 03-CPA-08
LEGAL DESCRIPTION:
A portion of Tracts A-10 and B-10, AVENTURA TENTH ADDITION, according to the plot thereof, os recorded in
Plot Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida, and being more particularly
described os follows'
Begin at the most Westerly Northwest corner of said Tract A-10, the following three (3) courses being along the
exterior boundary of said Tract A-10; 1) thence N 89'19'28" E for 7476 feet; 2) thence N 20'40'37" E for
91.48 feet to 0 point of curvature; 3) thence Northeasterly and Southeasterly along a 120.00 foot radius curve
leading to the right through 0 central angle of 138'25'38" far on arc distance of 289.92 feet to a non-tangent
point, the following four (4) courses being along the exterior boundary at said Tract B-10; 1) thence
N 69'06'15" E for 18.00 feet; 2) thence 5 47'08'16" E for 193.28 feet; .3) thence 5 69'22'04" E for 60.00 feet
to a point of curvature; 4) thence Southeasterly along a 400.00 foot radius curve leading to the right through a
central angle of 17'56'41" for an arc distance of 125.28 feet to 0 non-tangent point; thence S 57'28'02" W for
8.3.50 feet; thence N 41'14'20" W for 87.05 feet; thence N 50'29'30" E for 0.30 feet to a point on 0 circular
curve concave to the 50uthwest and whose radius point bears S86'59'06"W; thence Northwesterly along 0 43.43
foot radius curve leading to the left through 0 central angle of 76'.34'58" for on ore distance of 58.05 feet to 0
non-tangent point; thence 5 48'04'50" W for 0.37 feet; thence N 41'22'59" W for 27.49 feet; thence
S 48'35'33" W for 10.09 feet; thence N 41'27'47" W for 28.74 feet; thence S 48'38'02" W for 23.57 feet; thence
N 41'11 '14" W for 31.0.3 feet; thence N 87'02'24" W for 1.3.93 feet; thence S 48'32'04" W for 79.44 feet; thence
S 06'10'31" W for 6.2.3 feet; thence S 72'05'05" W for 26.41 feet to 0 point on 0 circular curve concave to the
Northwest and whose radius point bears S77'22'35"W; thence 5outheasterly, 50uthwesterly and Northwesterly alon9
a 77.86 foot radius curve leading to the right through a central angle of 178'55'58" for on arc distance of
243.15 feet to 0 non-tangent point; thence 5 87'31'08" W for 28.18 feet; thence N 40'50'17" W for 36.67 feet;
thence 5 87'22'02" W for 27.30 feet; thence 5 42"22'03" W for 16.97 feet; thence 5 02'.37'55" E for 47.13 feet;
thence S 87'.30'53" W for 61.56 feet to a point on the Westerly line of said Tract A-10, also being the Easterly
right of way line of West Country Club Drive; thence N 02'40'32" W along said Westerly line of Tract A-10 and
Easterly right of way line of West Country Club Drive for 155.58 feet to the Point of Beginning
AND
Commence at said most Westerly Northwest corner of Tract A-10; thence 5 02'40'32" E along said Westerly line
of Tracts A-10 and B-10, and Easterly right of way line of West Country Club Drive for 8.37.96 feet; thence
N 87'26'47" E for 200.46 feet to the Point of Beginning; thence continue N 87'26'47" E for 63.18 feet; thence
N 42'26'47" E for 16.77 feet; thence N 02"33'13" W for 33.67 feet; thence N 87'26'47" E for 120.69 feet,
thence 5 02'.33'13" E for 42.01 feet; thence S 87'26'47" W for 41.45 feet; thence S 02'33'13" E for 39.61 feet;
thence N 87'26'47" E for 62.28 feet; thence 5 02'33'13" E for 24.13 feet, the following six (6) courses being
along the exteriar boundary of said Tract B-10; 1) thence S 87'26'47" W far 15.34 feet; 2) thence
S 02'33'13" E for 34.14 feet; 3) thence 5 87'26'47" W far 132.42 feet; 4) thence N 02"3.3'13" W for 74.14 feet;
5) thence N 47'42'.35" W for 19.88 feet to a point on 0 circular curve concave to the 50utheast and whose
radius point bears 529'22'29"E; 6) thence Southwesterly along a 120.00 foot radius curve leading to the left
through 0 central angle of 38'07'22" for an arc distance of 79.84 feet to a non-tangent point; thence
N 02'40'32" W for 62.46 feet to the Point of Beginning.
Drawn By
Cad. No.
MAP
081267
r LEGAL DESCRIPTION I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street / North Miami Beach. Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssu~ey.com.
Date 10/21/08
Scale NOT TO SCALE
Job. No 081267
Dwg. NO.1008-109-1 B
Sheet 1 of 4
Ref. Dwg.
2007-034
Plotted:
10/22/08 9:340
EXHIBIT 1
SURVEYOR'S NOTES:
- This site lies In Section 3, Township 52 South, Ronge 42 East ond Section 34, Township 51 South,
Ronge 42 East. City of Aventuro, Miami-Dade County, Florida.
- Bearings hereon ore referred to an assumed value of S 02'40'32" E for the Easterly right of way line of
West Country Club Dnve.
- Lands shown hereon were not abstracted for easements and/or rights-of-woy of records.
- This ;s not 0 "Boundary Survey" but only a graphic depiction of the description shown hereon
- Lands shown hereon containing 117,167 square feet, or 269 acres, more or less.
- DimenSions shawn hereon ore based on Fortin, Leavy, Skiles. sketch #2007-034
SURVEYOR'S CERTIFICATION:
1 hereby certify that this "Sketch of Description" was made under my responsible charge on October 21, 2008,
and meets the Minimum Technical Standards as set forth by the Florido Boord of Professional Surveyors and
Mappers in Chapter 61 G 17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
"Not valid w~lhou1 the signature and the original raised
seal of a Florida Licensed Surveyor and Mapper"
FORTIN, LEAVY, SKILES, INC., LB3653
By:
Daniel C. Fortin, For The Firm
Surveyor and Mapper, LS2853
State of Florida.
Drawn By
Cad. No
Ref. Dwg.
MAP
081267
r SURVEYOR NOTES AND CERTlFICA TlON I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORlZATIONNUMBER: 00003653
180 Northeast 168th. Street / North Miami Beach. Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@flssuFVey.com
Date 10/21/08
Scale NOT TO SCALE
Job No. 081267
Dwg. NO.1008-1 09-1 B
Sheet 2 of 4
2007 -034
Plotted'
10/22/08 9:340
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Ref. Dwg
Plotted:
10/22/08 9:340
MAP
081267
2007-034
TRACT A-~O
AVENTURA TENTH ADDITION
PLAT BOOK '36 PAGE 92 _
\'
ExTERIOR BOUNDARY LINE \
OF TRACT A-IO
.-J
---
---
(oA
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L19
-
WE5T COUNTRY CLUB DRIVE
SOUTH LINE OF SECTION 34-51-42
NORTH L1NEOFSECTlON 3-52-42
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
T
R
ACT
r
A=138025'38"
R=120.00'
L=289.92'
\..3
EXTERIOR BOUNDARY LINE
OF TRACT 8-10
FIFTH ADDITION
BISCA YNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
(..
TRACT U
EXHIBIT 1
"
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yo,
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A=76 034'58"
R=43.43'
L=58.05'
RB=S86059'06"W
A=17056'41 "
R=400.00'
L=125.28'
1...5
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A=178055'58"
R=77.86'
L=243.15'
RB=S77022'35"W
LINE TABLE LINE TABLE
LINE LENGTH BEARING LINE LENGTH
L1 74.76 N89'19'28"E L21 27.30
L2 91.48 N20'40'37"E L22 16.97
L3 lB.OO N69'06'15"E L23 47.13
L4 193.28 547'08'16"E L24 61.S6
LS 6000 S69'22'04"E L25 155.S8
L6 .B3.50 S57'28'02"W L26 63.1B
L7 8705 N41"14'20"W L27 16.77
LB 0.30 N SO'29' 30"E L28 33.67
L9 0.37 S4B"04'50"W L29 120.69
L10 27.49 N4,'22'59"W L30 42.01
L11 10.09 548'35' 33"W L31 41.4S
L12 2874 N41'27"47'"W L32 39.61
L13 23.57 548'38'02"W L33 62.28
L14 31.03 N41"11'14"W L34 24.13
L1S 1393 N8T02'24"W L3S 15.34
L16 79.44 S48'32'04"W L36 34.14-
L17 6.23 506",0'31"W L37 132.42
LI8 26,41 Sn"OS'OS"W L38 74.14
L19 28.18 58T31'08"'W L39 19.88
L20 36.67 N40"SO'17"W L40 6246
8 - ~O
TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL
FORTIN, LEAVY, SKILES, SKETCH #2007,,034
L29
t!~o
C')
L31 -l TRACT D-10
~ 3 i AVENTURA TENTH ADDITION
-l L3 <t PLAT BOOK 136 PAGE 92
L35:3 _ _ - - ~
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BEARING
58T22'02"W
S42'22'03"W
502'37'5S"E
S8T30'S3"W
N02"40'32"w
N8T26' 47"E
N42"26'47"E
N02'33'13"W
N8T26'47"E
S02'33'13"E
S8T26'47"W
502'33'13"E
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58T26'47"W
N02'33'13"W
N47"42'3S"W
N02040' 32"W
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FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
2<0
I
FORTIN, LEAVY, SKILES, INC"
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653
180 Northeast 168th. Street I NOTth Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 / Em.ail fls@f1ssurvey.com
I Date 10/21/08
Scale 1"=120'
Job. No. 081267
Dwg. N01008-109-1B
Sheet 3 of 4
SKETCH OF DESCRIPTION
Drawn By
Cad. No.
Ref. Dwg.
Plotted:
MAP
081267
2007-034
10/22/08 9;340
EXH IBIT 1
EXHIBIT 1
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TURNBERRY ISLE RESORT
& COUNTRY CLUB
GOLF COURSE
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TURN BERRY ISLE RESORTI
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EXHIBIT 1
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AVENTURA MALL
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1"[:-
I?O'iD
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N.t.
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LOCA nON SKETCH
I Date 10/21/08
Scale NOT TO SCALE
Job. No. 081267
Dwg. NO.1 008-109-1 B
Sheet 4 of 4
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFlCATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. $t:reet / Norm Miami Beach.. Florida. 33162
Phone: 305-653-4493 J Fax 305-651-7152 / En.ail fls@flssurvey.coo.
Exhibit 5
01 & 02-REZ-08
02 & 03-CPA-08
LEGAL DESCRIPTION:
A portion of Tract U, FIFTH ADDITION B1SCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, as
recorded In Piat Book 99 at Page 20 of the Public Records of Miami-Dade County, Florida, and being more
particularly described as fallows:
Commence at the Southwest .comer of Tract B-10, AVENTURA TENTH ADDITION, according to the plot thereof, as
recorded In Plot Book 136 at Page 92 of the Public Records of M,am,-Dade County, FlOrida; thence
N 02'40'32" W along the Westerly line of said Tract B-10, also being the Easterly right of way line of West
Country Club Drive for 22365 feet; thence N 87' 19'28" E for 200.45 feet to the Point of Beginning; thence
S 02'40'32" E for 147.73 feet; thence S 69'21'03" W for 52.68 feet to 0 point on 0 circular curve concave to
the Northwest and whose radiUS point bears N64'51'll "w, the following three (3) courses being along the exterior
boundary of said Tract 8-10; 1) thence Northeasterly along 0 17000 foot radius curve leading to the left
through a central angle of 12"54'24" for on arc distance of 38.29 feet to a point of tangency, 2) thence
N 12"14'25" E tor 11201 feet to a point of curvature, 3) thence Northeasterly along 0 120.00 foot radius curve
leading to the right through 0 central angle of 10'15'44" for an arc distance of 21.49 feet to the Point of
Beginning.
AND
Commence at said Southwest carner of Tract B-10; thence S 02'40'32" E along the Westerly line of Tract C-10
of said AVENTURA TENTH ADDITlON, and said Easterly right of way line of West Country Club Drive for 30.99 feet
to the Point of Beginning, also being the Northwest corner of said Tract U, the following three (3) courses being
along the exterior boundary of said Tract U; 1) thence S 02'40'32" E for 36.00 feet to 0 point of curvature;
2) thence Southeasterly along 0 451066 foot radius curve leading to the left through 0 central angle of 6'18'50"
far an arc distance of 49707 feet to the Northwest corner of Tract HH of said FIFTH ADDITION BISCAYNE YACHT
AND COUNTRY CLUB; 3) thence N 81'00'39" E along the North line of said Tract HH for 211.44 feet to 0 po'int
on a circular curve concave to the Northeast and whose radiUS paint bears N81'00'38"E; thence Northwesterly
along 0 429922 foot radius curve leading to the right through 0 central angle of 3'48'14" for on ore distance
of 285.43 feet to 0 non-tangent point; thence N 28'44'49" W far 4373 feet: thence N 03'20'32" W for 24.05
feet. thence N 21'07'43" E for 71.73 feet to 0 pOint on 0 circular curve concave to the Northeast and whose
radius point bears N86'31'53"E; thence Northwesterly along 0 4286.18 foot radius curve leading to the right
through a central angle of 0'59'39" for an arc distance of 7437 feet to a non-tangent point; thence
S 87'27'34" W for 3571 feet; thence N 45'59'34" W for 61.79 feet; thence N 00'35'40" E for 66.67 feet to 0
point on 0 circular curve concave to the Northwest and whose radius point bears N64'51'11"W, also being 0 point
on the exterior boundary of said Tract u; thence Southwesterly along said extenor boundary of Tract U, also being
along 0 170.00 foot radius curve leading to the right through 0 central angle of 61'10'39" for on ore distance
of 184.48 feet to the Paint of Beginning.
~~
Drown By MAP ( LEGAL DESCRIPTION I Date 10/21/08
Cad. No. 081267-1 Scale NOT TO SCALE
Ref Dwg FORTIN, LEA VY, S KlLES, INC. Job No. 081267
2007-034 CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION N'lJ1v1BER: 00003653 Dwg No. 1008-109-28R
180 Northeast. 168m. Screet I North Miami Beach, Florida. 33162
Pi otted' 10/22/08 9:340 Phone: 305-653-4493 J Fax 305-6:51-7152/ Email fls@tlssurvey.com Sheet 1 of 4
EXHIBIT A
SURVEYOR'S NOTES:
ThiS site lies In Section ~, Township 52 South, Range 42 East, City of Aventuro, Miami-Dade County,
Florida
- Beonngs hereon ore referred to an assumed value ofS 02'40'32" E for the Easterly right of way line of
West Country Club Drive
- Lands shown hereon were not abstrocted for easements and/or rights-of-way of records.
- Easements per sOld Plot Book 99 at Page 20 not shown os requested
- This is not 0 "Boundary Survey" but onlY 0 graphic depiction of the description shown hereon.
- Lands shown hereon containing 117,171 square feet. or 2.69 acres, more or less.
DimenSions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2007-034
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on October 21, 2008,
and meets the Minimum Technical Standards os set forth by the Florida Boord af ProfeSSional Surveyors and
Mappers in Chapter 61 G 17 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
"Not valid without the signature and the original raised
seal of a Florida Licen u eyor and Mapper"
Cad No.
Ref. Dwg.
2007-034
( SURVEYOR NOTES AND CERTlFICA nON
FORTIN, LEAVY, SKILES, INC,
CONSULTiNG ENGiNEERS, SURVEYORS & MAPPERS
FLORJDA CERTIFICATE OF AUTHORlZATIONNUMBER: 00003653
180 Northeast: 168th. Street: I North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 / Email fls@tlssurvey.com
I Date 10/21/08
Scale NOT TO SCALE
Job. No. 0081267
Dwg. No. 1008-109- 2BR
Sheet 2 of 4
Drawn By
MAP
081267-1
Plotted:
10/22/08 9:3+0
EXHIBIT A
I
I
\
I POINTOF~
BEGINNIN~,,~ ~
t - --,N~"~~"~ - -1~~ - -
A=10015'44''
\ R=120.00'
L=21 .49'
\
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\
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\
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Drawn By
Cad. No.
Ref Dwg
081267-1
2007-034
Plotted:
10/22/08 9:340
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RIGHI Or WP-. Y
PL"; BOOK 99
PAGE 20
\
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\. EXitRIOR BOUNDARY LINE
or TRACTS 8-10 AND
TRACT U
GRAPHIC SCALE
o 40 80
~
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
~
c:(
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160
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( IN FEET )
1 inch = 80 It
A=12054'24"
R=170.00'
L=38.29'
,RB=N64051 'll"W
...J
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
A=62010'39"
R=170.00'
L=184.48
RB=N64051 '11"W
't>
-./
50UTH UNE OF TRACT U
l5
--~rWffi~~;N: TRACT HH
SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street / No:n.h 1\.1:iarni Beach, Florida. 33162
Phone: 305-653-4493.1 Fax 305-651-71.c:;2 I Email fls@flssurvey.com
73.00'
R\GHl OF WAY
PLA; BOOK 99
PAGE 20
(
73.00'
~~GAH;\~O:~~ TRACT [8-~O
PAGE 20 .~ \
n
N
~ POINT OF
rCOMMENCEMENT
I ~ ~I SW. CORNER OF mACT B-10
~3 "~\ II TRACT C-10
~: ~ I I PLAT BOOK 136 PAGE 92
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i R=4286.18'
IL=7437'
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LINE; ABLE
LINE LENGTH BE ARING
l1 147.73 502'40'32'E
L2 5268 569'2' '03"W
L3 112.01 N12"4'25"E
L4 36.00 502'40'32"E
L5 211.4 N81'OO' 39"[
L6 43.73 N28044' 49~W
L7 24.05 N03'20'32"W
L8 71 73 N21'07' 43"E
L9 35.71 587"27' 34"W
LTO 61.79 N4S"S9'34"W
L11 66.67 NOO'3S' 40"E
A=3048'14"
R=4299.22'
L=285.43'
RB=N81000'38"E
NORTH UN[ OF TRACT HH
PLA; BOOK 99 PAGE 20.v~
I Date 10/21/08
Scale '''=80'
Job. No. 081267
Dwg. No 1008-109-2BR
Sheet
of
3
4
Drawn By
Cad. No
Ref. Dwg
Plotted,
~
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=> & COUNTRY CLUB
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EXHIBIT A
AVENTURA MALL
S I".-q 1";--
'- f?
0-10
IVo
MAP
081267-1
2007 -034
r
&S6'
51\<.([1
Nt. '\ g2.NU
Q
LOCA nON SKETCH
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168m. Street / North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 / Email fls@flssurvey_com
10/22/08 9,340
TURNBERRY ISLE RESORT
& COUNTRY CLUB
GOLF COURSE
EXHIBIT A
I
/~-
I Date 10/21/08
Scale NOT TO SCALE
Job. No. 081267
Dwg. NO.1008-109-2BR
Sheet 4 of. 4
Exhibit 6
01 & 02-REZ-08
This instrument was prepared by:
Name: Michael 1. Marrero, Esq.
Address: Bercow, Radell & Fernandez, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
(Space resen'ed for Clerk)
THIRD AMENDMENT TO RESTRICTIONS
TB ISLE RESORT LP, a Florida limited partnership, the "Developer", as successor in
interest to TURNBERR Y COUNTRY CLUB, a Florida limited partnership ("Prior
Developer") and DONARL OF FLORIDA, INC., a Florida corporation, ("Original
Developer"), hereby makes and imposes the following agreements and restrictions, which
shall constitute covenants running with the title to the land, and which shall be binding
upon the Developer, its successors and assigns, and each and all subsequent purchasers of
the land subject to this Third Amendment to Restrictions, and their heirs, personal
representatives, successors and assigns.
RECITALS
A. Original Developer executed the Restrictions for Biscayne Village, Miami-
Dade County Florida, dated February 12, 1969, and recorded on June 16, 1970, under
Clerk's File No. 70-R-111949, in Official Records Book 6889, Page 4, of the Public
Records of Miami-Dade County, Florida, as amended by Amendment to Restrictions,
dated July 17, 1972, and recorded March 27, 1973 in Official Records Book 8198, Page
259, of the Public Records of Miami-Dade County Florida, which are hereinafter
collectively referred to as the "Golf Course Restrictions." The Golf Course Restrictions
restricted the use of the parcels known as Tract AA and Tract S on a certain land
allocation map which was the subject of certain zoning approvals.
B. Prior Developer executed the Second Amendment to Restrictions, dated
December 20, 1988, and recorded on February 27,1989, in Official Records Book 14012,
Page 616, Public Records of Miami-Dade County, Florida, which amended the Golf
Course Restrictions (the "Second Amendment to Restrictions"). The Second Amendment
to Restrictions reconfigured the boundaries of Tract AA to accommodate the golf course
as actually constructed; the size of Tract AA, as reconfigured, was the same exact size as
the original Tract AA described in the Golf Course Restrictions. The reconfigured Tract
AA became known as "Tract U" in the Fifth Amendment-Biscayne Yacht and Country
Club, according to the Plat thereof as recorded in Official Records book 99, at Page 20 of
the Public records of Miami-Dade County, Florida.
C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLKI6A\Tumberry - Third Amendment to Restrictions v9
(IGV) doc
C. The Golf Course Restrictions were executed by Original Developer
pursuant to the requirements of Resolution No. 4-ZAB-3-69 passed and adopted by the
Metropolitan Dade County Zoning Appeals Board on January 13, 1969, which provided
in part, in connection with approving an unusual use to permit two golf courses including
one golf clubhouse, the following:
"That a declaration of restrictions and covenants running with the land in
proper covenant form, meeting with the approval of the Zoning Director,
be recorded to insure that the golf course be maintained as such."
f) A portion of said Tract U (originally knovm as Tract AA) \Vas pH:viuu::;ly
reconfigured as approved by the Metropolitan Dade County Zoning Appeals Board
pursuant to Miami-Dade County Resolution No. 4-ZAB-567-71, and by the Board of
County Commissioners pursuant to Resolution No. Z-33-72, passed and adopted
February 3, 1972. A second reconfiguration of Tract U was approved in conjunction with
Resolution No. Z-5-89 to accommodate the country club's hotel expansion, as well as to
accept the golf course as actually constructed. With each such reconfiguration of Tract U
the total acreage of the tract remained the same, at 241 acres more or less.
AMENDMENTS
1. All Recitals are true and correct and hereby adopted and incorporated by
reference herein.
2. Further reconfiguration of said Tract U and Tract 8 are now required to complete
and implement the golf course and country club master plan and associated
improvements. Once reconfigured:
a. Tract U will be known as Tract U-1, and the total acreage of Tract U-1
will remain the same as that of Tract U at 241 acres more or less; and
b. Tract 8 will be known as Tract 8-1, and the total acreage of Tract S-l will
remain the same as that of Tract 8 at 16.5 acres more or less.
3. Accordingly, the Golf Course Restrictions, as amended by the Second
Amendment to Restrictions, are hereby further amended so that said restrictions shall
henceforth apply to:
a. Tract U-1, being a reconfiguration of Tract U pursuant to this Third
Amendment as shown and legally described on Exhibit "A" attached hereto; and
b. Tract 8-1, being a reconfiguration of Tract 8 pursuant to this Third
Amendment as shown and legally described on Exhibit "B" attached hereto.
c.\Documents and Settingslcarrj\LocaJ SettingslTemporary Internet FileslOLKl6A\Turnbeny _ Third Amendment to Restrictions v9
(IGV) doc
2
4. Except as herein modified, all of the terms, provisions and conditions of the Golf
Course Restrictions, as amended by the Second Amendment to Restrictions pursuant to
Miami-Dade County Resolution No. Z-85-89, are hereby confirmed, ratified and shall
remain in full force and effect.
[SIGNATURE PAGES TO FOLLOW]
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(IGV).doc
3
Signed, witnessed, executed and acknowledged this _ day of
2009.
Witnesses:
By: TB ISLE RESORT LP,
a Florida limited partnership.
By:
Name:
Title: General Partner
Print
Name:
[CORPORATE SEAL]
Print
Name:
STATE OF FLORIDA
)
)
)
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged
,2009, by _, as of
foregoing document on behalf of such
me, is personally known to me or produced
before me this _ day of
, who executed the
He personally appeared before
as identification.
[NOTARIAL SEAL]
Notary:
Print Name:
Notary Public, State of Florida
My commission expires:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED
City Attorney
Date
City Manager
C:\Documents and SettingslcarrjlLocal Settings\Temporary Internet FileslOLK16A ITurnberry - Third Amendment to Restrictions v9
(lGV) doc
4
JOINDER BY MORTGAGEE
The undersigned, being the owner and holder of that certain (the
"Mortgage") given by , in favor of , dated as of _
, and recorded under Clerk's File Number in the Public
Records of Miami-Dade County, Florida, covering all or a portion of the property
described in the foregoing covenant, hereby acknowledges and agrees that the lien and
effect of the Mortgage shall be subject and subordinate to the terms of said covenant.
IN WITNESS WHEREOF, these presents have been executed this _ day of
,2009.
Signed, sealed and delivered in the
presence of these witnesses:
By:
Witness:
Print Name:
Name:
Address:
Witness:
Print Name:
STATE OF
COUNTY OF
)
)
)
SS:
This instrument was acknowledged before me this _ day of
2009 by , as of a
on behalf of said Helshe personally appeared before
me, is personally known to me or produced as identification.
[NOTARIAL SEAL]
Notary:
Print Name:
Notary Public, State of
My commission expires:
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5
EXHIBIT "A"
LEGAL DESCRIPTION FOR TRACT U-l
(Attached hereto - Pages] through 6)
C:\Docurnents and Settings\carrj\LocaJ Settmgs\Temporary Internet flles\OLK16A\Turnberry - Third Amendment to Restrictions v9
(IGY).doc
6
.
EXHIBIT A
LEGAL DESCRIPTION'
TRACT U-l
All of Tract U, FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, as recorded In
Plot Book 99 at Page 20 of the Public Records of Miami-Dade County, FIOrtdo, being partially amended by the
following plots:
AVENTURA EIGHTH ADDITION, according to the plat thereof, as recorded in Plat Book 136 at Page 37 and
AVENTURA TENTH ADDITION, according to the plat thereof, os recorded In Plat Book 136 at Page 92, both being
recorded in the Public Records of Miami-Dade County, Florida.
AND
Tracts C~8 and D-8 of said plat of AVENTURA EIGHTH ADDITION
AND
Tracts A-10, C-10 and 0-10 of said plat of AVENTURA TENTH ADDITION
AND
Parcel A (See Sheet 5 of 6 for Detail)
A portion of Tract B-10, AVENTURA TENTH ADDITION, according to the plat thereof, as recorded :n Plot Book 136
at Page 92 of the Public Records of Miami-Dade County. Florida, and being more particularly described as follows'
Begin at the most Westerly Northwest carner of said Tract B-10, the following eight (8) courses being along the
exterior boundary of said Tract B-10; 1) thence N 87" 19'28" E for 69.15 feet; 2) thence N 16"40'31" W for
112.81 feet; 3) thence N 73'19'29" E for 25696 feet; 4) thence N 16'40'31" W far 68.05 feet; 5) thence
N 69'06'15" E for 81.61 feet; 6) thence S 47"08'16" E for 19328 feet, 7) thence S 69'22'04" E for 60.00 feet
to a point of curvature; 8) thence Southeasterly along 0 400.00 foot radius curve leading to the right through a
central angle of 17"56'35" far an arc distance of 12527 feet to a non-tangent pOtnt; thence S 57"28'02" W for
8350 feet; thence S 50"08'05" W for 33.64 feet; thence N 41'11'28" W for 2997 feet; thence N 48'48'32" E for
2356 feet; thence N 41'19'16" W for 28.94 feet; thence N 48'48'19" E for 10.08 feet; thence N 41"14'20" W for
27.36 feet; thence N 50'29'30" E for 0.30 feet to a point on a circular curve concave to the Southwest and
whose radius point bears S86"59'06"W; thence Northwesterly along a 4343 foot radius curve leading to the left
through a central angle of 76'34'58" far on arc distance of 58.05 feet to 0 non-tangent point; thence
S 48"04'50" W for 0.37 feet; thence N 41"22'59" W for 27.49 feet; thence S 48"35'33" W for 10.09 feet; thence
N 41'27'47" W for 2874 feet; thence S 48'38'02" W for 23.57 feet; thence N 41'11'14" W for 31.03 feet; thence
N 87"02'24" W for 13.93 feet; thence S 48'32'04" W for 7944 feet; thence S 06"10'31" W for 623 feet to a
point on 0 circular curve concave to the Northwest and whose radius point bears N83"11'56"W; thence
Southwesterly along 0 285.15 foot radius curve leading to the right through 0 central angle of 7"18'26" for on orc
distance of 36.37 feet to 0 point on a circular curve concave to the Northwest and whose radius pOint bears
N79'36'46"W; thence Southwesterly along 0 103.02 foot radius CUrve leading to the right through 0 central angle
of 62'37'35" for on arc distance of 112.60 feet to 0 point on 0 circular curve concave to the Northwest and
whose radius point bears Nl3'52'06"W; thence Southwesterly along a 9439 foot radius curve leading to the right
through a central angle of 25'06'19" for on arc distance of 41.36 feet to a non-tangent point; thence
S 87'14'45" W far 5375 feet; thence S 02'40'40" E for 212.19 feet; thence S 87'12'00" W for 10186 feet;
thence S 42'41'48" W for 38.25 feet; thence N 86'46'05" W for 23,48 feet to a point on the Westerly line of said
Tract 8-10, also being the Easterly right of way line of We.st Country Club Drive; thence N 02'40'32" W along said
Westerly line of Tract B-10 and Easterly right of way line of West Country Club Drive for 252.03 feet to the Point
of Beginning.
AND
Commence at said most Westerly Northwest corner of Tract 8-10; thence S 02"40'3;:" E along said Westerly line
of Tract B-10, and Easterly right of way line of West Country Club Drive for 651.75 feet; thence N 87"26'47" E
far 200.46 feet to the Point of Beginning; thence continue N 87"26'47" E for 63.18 feet; thence N 42'26'47" E
for 16.77 feet; thence N 02'33'13" W for 3367 feet; thence N 87"26'47" E for 120.69 feet; thence S 02'33'13" E
for 42.01 feet; thence S 87"26'47" W for 41.45 feet; thence S 02'33'13" E for 39.61 feet; thence N 87'26'47" E
far 62.28 feet; thence S 02'33'13" E for 24.13 feet, the following six (6) courses being along the exterior
boundary of said Tract B-10; 1) thence S 87'26'47" W for 15.34 feet; 2) thence S 02"33'13" E for 34.14 feet;
3) thence S 87"26'47" W for 132.42 feet; 4) thence N 02'33'13" W for 7414 feet; 5) thence N 47"42'35" W fer
19.88 feet to a point on a circular CUrve concave to the Southeast and whose radius polOt bears S29"22'29"[;
6) thence Southwesterly along a 120.00 foot radius curve leading to the left through 0 central angle of 38"07'22"
far on arc distance of 79.84 feet to a non-tangent point; thence N 02'40'32" W for 62.46 feet to the Point of
Beginning
;;;r- ~
/
Drawn By
Plotted'
2/9/09 11 :010
( LEGAL DESCRIPTION
FORTIN, LEAVY, SKILES, INC"
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Nonheast 168th. Street I North Miarni Beach, Florida. 33162
Phone: 30:5-653-4493 / Fax 305-651-7152 I Email fls@flssur,-..ey.com
I Date 2/9/09
Scale NOT TO SCALE
Job. No 090092
Dwg No. 1009-004
Sheet 1 of 6
MAP
090092
2007 -034
REVISED 090116
Cad. No.
Ref. Dwg.
EXHIBIT A
LESS AND EXCEPT
Parcel B (See Sheet 6 of 6 for Detail)
A portion of Tract U, FIFTH ADDJTION BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os
recorded In Plot Book 99 at Page 20, and 011 of Tract C-10, AVENTURA TENTH ADDITION. according to the plot
thereof, os recorded in Plot Book 136 at Page 92, both bemg recorded In the Public Records of Miami-Dade
County, Florida, and being more pcrticularly described os follows:
Commence at the Southwest corner of Tract B-10 of SOld AVENTURA TENTH ADDITION; thence N 02'40'32" W along
the Westerly line of SOld Tract B-10, also being the Easterly right of way line of West Country Club Drive for
223.65 feet; thence N 87'19'28" E for 200.45 feet to the POint of Beginnin9; thence S 02"40'32" E for 147.73
feet; thence S 69'21 '03" W for 52.68 feet to 0 point on 0 circular curve concave to the Northwest and whose
radius point bears N64'51'11 "w, the following three (3) courses being along the exterior boundary of said Tract
B-10; 1) thence Northeasterly along 0 170.00 foot radius curve leading to the left through 0 central angle of
12"54'24" for on arc distance of 38.29 feet to 0 point of tangency; 2) thence N 12'14'25" E for 112.01 feet to
o pOint of curvature; 3) thence Northeasterly along 0 120.00 foot radiUS curve leading to the right through 0
central angle of 10" 15' 44" for on arc distance of 21.49 feet to the Point of Beginning
AND
Begin at said Southwest corner of Tract B-10; thence S 02'40'32" E along the Westerly line of said Tract C-10,
Tract U and Easterly right of way line of West Country Club Drive for 66.99 feet to 0 point of curvat~re, the
following two (2) courses being along the exterior boundary of said Tract U; 1) thence Southeasterly along a
4510.66 foot radius curve leading to the left through 0 central angle of 6'18'50" for on arc distance of 497.07
feet to the Northwest corner of Tract HH of said FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB; 2) thence
N 81'00'38" E along the North line of said Tract HH for 21144 feet to 0 point on 0 circular curve concave to
the Northeast and whose radius point bears N81'00'38"E; thence Northwesterly along 0 4299.22 foot radius curve
leading to the right through 0 central angle of 3"48'14" for on arc distance of 285.43 feet to 0 non-tangent
point; thence N 28'44'49" W for 43.73 feet; thence N 03'20'32" W for 2405 feet; thence N 21'07'43" E for 71.73
feet to 0 point on 0 circular curve concave to the Northeast and whose radius point bears N86'31 '53"E; thence
Northwesterly along 0 4286.18 foot radius curve leading to the right through 0 central angle of 0'59'39" for an
orc distance of 7437 feet to 0 non-tangent point; thence S 87'27'34" W for 35.71 feet; thence N 45'59'34" W
for 61 79 feet; thence N 00'35'40" E for 66.67 feet to a point on 0 circular curve concave to the Northwest and
whose radius point bears N64'51'11''W, also being 0 point on said exterior boundary of Tract U; thence
Southwesterly along so,d exterior boundary of Tract U. also bein9 along 0 17000 foot radius curve leading to the
right through 0 central angle of 27'01'58" for on arc distance of 80.21 feet to the Northeast corner of said Tract
C-10; thence S 87' 19'28" W along the North line of said Tract C-10 for 97.86 feet to the Point of Beginning
LESS AND EXCEPT
That portion of said Tract U lying In Tracts A-8 and B-8 at said plot at AVENTURA EIGHTH ADDITION
LESS AND EXCEPT
That portion of SOld Tract U lYing In Tract 8-10 of said plot of AVENTURA TENTH ADDITION
/~
Plotted'
2/9/09 11 :010
( LEGAL DESCRIPTION I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORlZATIONNUMBER: 00003653
180 Northeast 168th. Streel! North. Miami Beach. Florida. 33162
Phone: 305-653-4493 I Fax 305-651w7152,' Email fls@f1ssurvey.com
Date 2/9/09
Scale NOT TO SCALE
Job No. 090092
Dwg. No. 1009-004
Sheet 2 of 6
Drawn By
Cad. No
MAP
090092
2007-034
REVISED 090116
Ref Dwg.
EXHIBIT A
SURVEYOR'S NOTES:
- This site lies in Sections 2 and 3, Township 52 South, Range 42 East and Sections 34 and 35,
Township 51 South, Range 42 East, City of Aventuro, Miami-Dade County, Flondo
Bearings hereon ore referred to on assumed value of S 02'40'32" E for the Easterly nght of way line of
West Country Club Drive.
- Lands shown hereon were not abstracted for easements and/or rights-of-way of records.
- This is not 0 "Boundary Survey" but only a graphic depiction of the description shown hereon
Lands shown hereon containing 241.8 acres, more ar less
- Dimensions shown hereon ore based on Fortin, Leavy. Skiles. sketch #2007-034
SURVEYOR'S CERTIFICATION:
r hereby certify that this "Sketch of Description" was made under my responsible charge on February 9, 2009, and
meets the Minimum Technical Standards as set forth by the Flonda Boord of Professional Surveyors and Mappers
in Chapter 61 G 17 -6, Florida Administrative Code, pursuant to Section 472027, Florida Statutes.
"Not valid without the signature and the original raised
seal of a FlOrida Licensed yor and Mapper'
By:
Drawn By
Cad. No.
( SURVEYOR'S NOTES & CERTlF/CA T/ON I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORlZATIONNUMBER: 00003653
180 Northeast 168th. Street: I North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 i Email fls@flssurvey.com
Date 2/9/09
Scale NOT TO SCALE
Job. No. 090092
Dwg No. 1009-004
Sheet 3 of 6
MAP
090092
2007-034
REVISED 090116
Plaited: 2/9/09 11010
Ref. Dwg.
EXHIBIT A
-
NE 207TH STREET
~H-J~
COUNTRyl _______
. CLUe DRIVE --
----
---
"--..
""
\
\
/
/
TRACT U
PLAT BOOK 99 PAGE 20
TRACT U.,
PLAT BOOK 99 PAGE 20 .
\
\
\
0/
.::.
OQ:j
..,)0/
o '/-'
/'
TRACT C-8
Pt..o.TllQOI(l36PAGE31
TRACT 8-8
,PLAT BOOK 136 PAGE 37
(NOT APMHl
>-
I~
::I
\8
Ii
\
\
\
\
\
J
34\35
3'2
TRACTlu-~
TRACT U
PLAT 6001<99 PAGE 20
TRACT A-8
plJ..TaOOK13SPIIGE37
[Nor "ORT, J
V-.l.
i;>'<"
,.)
&/
(
I
I
I
PARCEL A
(SEE SHEET 5 OF 6)
PARCEL B
(SEE SHEET 6 OF 6)
-
o
---
---
---
GRAPHIC SCALE
---
LEGEND
D
r;~~j'~~r.:1
TRACT U.1
RESTRICTED GOLF COURSE ACREAGE (241.8!: ACRES)
300 600
I I
( IN FEET)
1 inch = 600 ft.
12CO
--j
TRACT S-1
~~
Drawn By
Cad. No
Ref Dwg.
MAP
090092
r SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATIONN'UMBER: 00003653
180 Northeast 168rh. Street I Nortb Miami Beach, Florida. 33162
Phone: 305~653-4493 / Fax 305-651-7152 I Email fls@flssuI"'V"ey_com
I Date 2/9/09
Scale 1 "=600'
Job. No. 090092
Dwg. No. 1009-004
Sheet 4 of 6
2007 -034
REVISED 090116
Plotted: 2/9/09 11 :010
~
\ ~~ I
I ~~N
I ~~~ I /
I~a.
04
ii' 0' I POINT OF
: r--/--.1 BEGINNING
'I :! \ I r ?L:~Ct~ ~
~"I L~~
'~
lL~ g
I Ow -'
f-:::2:
~:::2: 'if)
00 "
0..0 ~
\;'
~!
0::>
I ~d
::J>-
~~
z::>
wo
""
~
~
~ ~
/ ~
TRACT A-K)
/
A~~;~~~~~~~~~g~'~~ON \..:'
r
J;>
L25
<.D
N
-'
I .t<o L27
f:-:".fv'V
L29 SOUTH UNE OF SECTION 34-51-42
NORTH UNEClF SECTION 3-52-42
\ WESTERl Y LINE OF TRACT B-lO
~ ~ND EASTERLY RIGHT or WAY UNE
r OF WEST COUNTRY CLUB DRIVE
w
';;:;\ AVENTURA TENTH ADDITION
a PLAT BOOK 136 PAGE 92
""
~I
ill
>
0::
o
T
R
A
I EXTERIOR BOUNDARY LINE
OF TRACT 8~'O
TRACT U
EXHIBIT A
<6'
fiFTH ADDITION
BISCA YNE YACHT AND COUNTRy CLUB
PLAT BOOK 99 PAGE 20
A= 76034'58"
R=4343'
L=58.05'
RB=S86059'06"W
A=17056'35"
R=400.00'
L= 125.27'
/
<
'\
'\
'\
'\ )
/
V
....
N
-J
L22
("" l7&
"t'" 7y'r'<:)<
y y" 7-'0
y"
~A=7D18'26" y,,<:J (79'
R=28515' 'y"r:, (
L=36.37' " ~
R8=N83011'56"W y"
(70 'yo.,
'y'O
~
>1A=62037'35"
I. R=l 0302'
A=25c06'19' L=11260'
~ R=94 39' R8=N79036'46 'W
IL=4136' ,
RB=N 13052'06 'W TURNBERRY ISLE RESORT & COUNTRy CLUB PARCEL
FORTIN, LEAVY, SKILES, SKETCH #2007,034
L?
UN[ TABLE LINE TABLE
LINE LENGTH BEARING LINE LENGTH
l1 6915 N87'19'28"[ L24 623
L2 112.81 N,6""40'31'" L25 5375
lO 256 96 N7J'19'29~E L26 212.19
L4 68.05 N'6'40'3'"'. L27 101.86
L5 81.611 N69'06'15'E l28 38.25
L6 193.28 $47"08'16"[ L29 23.48
l7 60.00 569'22'04"( UO 25203
LB 83.50 S57"28'02'W L31 63.18
L9 33.04 SSO'08'05"W lO2 16.77
LlO Z9.97 N4 1 '1l'28'~ lO3 33.67
L11 2356 N48'48'32"E lO4 120.69
L 12 28.94 N41'19'16" lOS 42.01
L13 10.08 N48'48' 1 gME lO6 4-145
114 27.36 N41"14'20' lO7 39.61
L15 030 N50'29'30"E lO8 62.28
L16 0.37 S48'04'50"W lO9 24_13
117 27-49 N41"22"S9" L40 15.34
L 18 10.09 S48'35'33"W L41 34.14-
L19 28.74 N41'Z7'47'. l42 13242
L20 23.57 S48'38'OZ"W L43 74.14
LZ1 .)"1.03 N4i "11 '14" L44 19.88
L2Z 1393 NBT02'24" L45 62.46
L23 7944 548'32'04 MW
c
T
8
~o
'"
SEARING
S06'1O'31~W
S87"14'45MW
502'40'40"E
S87"12'00"W
$42"41'48MW
N86'46'OS"
NOZ"40'32"
N87"25'47"[
N42'26' 47"E
N02"33'1 3" W
N8T26'47"E
S02"3.J'i3"E
S8T26'47Mw
502'33'13"[
N87"26'47"E
S02'33'13"[
S87'26'47"W
S02'33'13"[
S87"26' 47"W
NOZ'33'13"W
N47"42'.3S"W
NOZ'40'32"W
ro \
:J I A=38007'22.'~
...J s:- I R=120~O' L34
Os:-" L=79.84 .~L{)
~ ~ I RB=S29c22'29"E 2:5 :J
>- t) ~ \L N87'26'47"s:.. _ L31 ...J","t r--L36 iTRACT D-~O
O::!i' ~ 1 --20046~~'y C') 38 AVENTURA TENTH ADDITION
~ [, i I ~~h~~~~G 3 :I (;~~c,t:~LL~ ",,"oo""e~
o k~1 L42
/ EXTERIOR BOUNDARY LINE
I- 7300 OF TRACT B-10
(j) >-:;;
UJ I ~-N / TRACT U
~ \ ~g; I
~ m <: FIFTH ADDITION
0" "- / BISCA YNE YACHT AND COUNTRY CLUB
Ci' c' I PLAT BOOK 99 PAGE20
Drawn By
Cad No.
MAP
090092
Ref Dwg
2007-034
REVISED 090116
Plotted: 2/9/09 11 :010
\
\
\
\
\
(i
I
l-O
~I
om
3~
:~ I
~t5 I
~
/
o
60
I
GRAPHIC SCALE
2<0
I
120
i
( IN FEET )
1 inch = 120 tt.
~~
( SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INC"
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORrZA TION NUMBER: 00003653
180 Nort:.heaSl: 168m. Street I North Miarrli Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 / Em.ail t1s@f1ssurvey.con.
I Date 2/9/09
Scale 1 "=120'
Job. No. 090092
Dwg. No. 1009-004
Sh eet 5 of 6
o
Drawn By
Cad No
Ref Dwg"
73,00'
RIGHl or WAY
PlA T BOOK 99
PAGE 20
\
\
\
\
I
I
I
\
\
\
\
\
\
\
\
\
\
\
w
>
-
cr
o
MAP
090092
73.00'
RIGnT OF WAY
PLAT BOOK 99
PAGE 20 ";p I
n
N
~ ,POINT OF
! COMMENCEMENT
~ ~\ j SW CORNER OF TRACT 8-10
~3 .~\ I
<<u N
1"" 0 I
01" Z\I
~3 /
9u
,...
~~
S?~
,
al'Z!
~::;
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>-
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(f)
w
S
73.00'
RIGHT OF WAY
PLAT BOOK 99
PAGE 20
\
\
\
\
\
t - Y~T22'~"~ - ~QQ:~ - -
A=10015'44"
I R= 12000'
L=21.49'
EXHIBIT A
\ EXTERIOR BOUNDARY LINE
~ OF TRACTS B-'O AND
TRACT u
POINT OF
BEGINNING
PARCEL B GRAPHIC SCALE
~o
....
-'
A=0059'39"
R=4286.18'
L= 74.37'
RB=N86031 '53"E
TRACT [8-~O
160
I
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
A=12054'24"
R=170.00'
L=38.29'
RB=N64051 '11"W
( IN FEET )
1 inch = 80 It
POINT OF
BEGINNING
S.W. CORNER OF TRACT 8->0
\l f>,.?< C. 't:. \.. '0
11
L2
L3
L4
L5
L5
L7
L8
L9
110
L11
L12
LINE TABLE
LENGTH
147,73
52.681
112.01
65.99
211.44
4.3,73
2405
7173
35.71
51.79
66.57
97"8
LINE
BEARING
502'40' 32"E
S69'21'03"W
N12'14'25~E
S02'40'32"E
N8t '00'38"E
N2S'44'49"
N03'20'3 "
N21'07' 43 "(
S87"27'34"W
N4S'S9'34"
NOO'35' 40'"E
S87"19"28'"W
A=60 18' 50"
R=4510.66'
L=497.07'
T
R
A
c
T
u
FIFTH ADDITION
BISCA YNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
7300'
RIGHT OF Wp.,'(
PLAT BOOK 99
PAGE 20
A=3048'14"
R=4299.22'
L=285.43'
RB=N81000'38"E
EXTERIOR 80UNDARY UNE
OF TRACT U
SOUTH UNE OF TRACT U
\----~FWTR~~~N~~ TRACT HH
NORTH LINE or TRACT ~H
PlA T BOOK 99 PAGE 20
?~
( SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER; 00003653
180 Northeast 168th. Sr.r-eet I North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 / Email fls@flssurvey.com
2007-034
REVISED 090116
Plotted: 2/9/09 11 :010
l' Date 2/9/09
Scale 1"=80'
Job No. 090092
Dwg. No. 1009-004
Sheet 6 of 6
EXHIBIT "B"
LEGAL DESCRIPTION FOR TRACT S-1
(Attached hereto - Pages J through 6)
C:\Documents and Settingslcarrj\Local Settings\Temporary Intemet Files\OLKI6A \Turnberry - Third Amendment to Restrictions v9
(IGV).doc
13
EXHIBIT B
LEGAL DESCRIPTION: Tract S-1
All 01 Tract B-10, AVENTURA TENTH ADDITION. according to the plot thereof, os recorded In Plot Book 136 at
Page 92 01 the Public Records of M,oml-Dode County. Florido
AND
Parcel B (See Sheet 6 of 6 for Detail)
A portion of Tract U. FIFTH ADDlTlON BISCAYNE YACHT AND COUNTRY CLUB. according to the plot thereof, os
recorded in Plot Book 99 at Page 20, and 01' of Tract C-10. AVENTURA TENTH ADDITION, acCording to the plot
thereof, os recorded in Plot Book 136 at Page 92, both being recorded In the Public Records of Miomi-Dode
County, Florida, and being more particularly described os lollows'
Commence at the Southwest corner 01 Tract B-10 01 said AVENTURA TENTH ADDITION; thence N 02"40'32" W along
the Westerly line 01 said Troct B-10, also being the Easterly right 01 way line 01 West 'Country Club Drive for
223.65 feet; thence N 87"19'28" E for 200.45 feet to the POint 01 Beg,nning; thence S 02'40'32" E lor 147.73
leet; thence S 69'21 '03" W for 52.68 feet to a point an a circular curve concave to the Northwest and whose
radiUS point bears N64'51'11"W, the following three (3) courses being along the extenar boundary of said Tract
B-10; 1) thence Northeasterly along a 17000 foot radius curve leading to the left through a central angle of
12'54'24" lor on orc distance of 38.29 feet to a point 01 tangency; 2) thence N 12"14'25" E lor 112.01 feet to
o pOint of curvature; 3) thence Northeasterly along a 12000 foot radius curve leading to the right through 0
centrol angle of 10"15'44" for an arc distance of 2149 leet to the Point of Beginning
AND
8egln at said Southwest corner of Tract B-10; thence S 02'40'32" E olong the Westerly line of said Tract C-10,
Tract U and Easterly right 01 way line of West Country Club Drive for 66.99 feet to a point of curvature, the
following two (2) courses being along the exter,or boundary of said Tract U; 1) thence Southeasterly along 0
4510.66 foot radius curve leading to the left through a central angle of 6'18'50" for an arc distance 01 497.07
feet to the Northwest corner of Tract HH of said FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB; 2) thence
N 81'00'38" E along the North line of said Tract HH for 211.44 feet to 0 point on 0 circular curve concave to
the Northeast and whose radius point bears N81'00'38"E; thence Northwesterly along a 4299.22 foot radius curve
leading to the right through' 0 central angle of 3'48'14" for an arc distance of 28543 leet to a non-tangent
point; thence N 28'44'49" W far 43.73 feet; thence N 03'20'32" W for 2405 leet; thence N 21'07'43" E far 71.73
leet to a point on a circular curve concave to the Northeast and whose radius point bears N86'31'53"E; thence
Northwesterly along 0 4286.18 foot radius curve leading to the right through 0 central angle of 0'59'39" for an
arc distance of 74.37 feet to a non-tangent point; thence S 87"27'34" W far 35.71 feet; thence N 45'59'34" W
for 61.79 feet; thence N 00'35'40" E for 66.67 feet to a point on G circular curve concave to the Northwest and
whose radius point bears N64'51'11 "w, olso being a pOint on said exterior boundary 01 Tract U; thence
Southwesterly along said exterior boundary of Tract U, also being along 0 170.00 foot radius curve leading to the
right through 0 central angle of 2701'58" lor an arc distance of 8021 feet to the Northeast corner of said Tract
C-10; thence S 8719'28" W along the North line of said Tract C-10 lor 97.86 feet to the Paint of Beginning.
LESS AND EXCEPT
Description on Sheet 2 of 6
4/=-
Drawn By
MAP
090092
r LEGAL DESCRIPTION I
FOR TIN, LEAVY, SKILES, INC,
CONSULTiNG ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Screet / North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.com
Date 2/9/09
Scale NOT TO SCALE
Job. No. 090116
Dwg. No 1009-004-1
Sheet 1 of 6
Cad. No
Ref Dwg
2007-034
Plotted.
2/9/09 11:010
EXHIBIT 8
LESS AND EXCEPT
Parcel A (See Sheet 5 of 6 for Detail)
A portion of Tract B-10, AVENTURA TENTH ADDITION. according to the pi at thereof, os recorded In Plot Book 136
at Page 92 of the Public Records of Miami-Dade County, Florida. ond being more particularly described as follows:
Begin at the most Westerly Northwest corner of said Tract B-10, the following eight (8) courses being along the
extenor boundary of said Tract B-10: 1) thence N 87"19'28" E for 69.15 feet: 2) thence N 16'40'31" W for
11281 feet: 3) thence N 73'19'29" E for 25696 feet, 4) thence N 16'40'31" W for 68.05 feet; 5) thence
N 69'06'15" E for 81.61 feet; 6) thence S 47"08'16" E for 193.28 feet: 7) thence S 69'22'04" E for 6000 feet
to 0 pOint of curvature, 8) thence Southeasterly 010n9 0 400.00 foot radius curve leading to the right through 0
central angle of 17"56'35" for on arc distance of 12527 feet to 0 non-tangent pOint; thence S 57"28'02" W for
83.50 feet, thence S 50'08'05" W for 33.64 feet; thence N 41'11'28" W for 29.97 feet; thence N 48'48'32" E for
23.56 feet, thence N 41'19'16" W for 28.94 feet; thence N 48'48'19" E for 1008 feet: thence N 41'14'20" W for
2736 feet; thence N 50'29'30" E for 030 feet to 0 point on 0 circular curve concave to the Southwest and
whose radius point bears S86'59'06"W. thence Northwesterly along 0 43.43 foot radius curve leading to the left
through a central angle of 76'34'58" for on arc distance of 58.05 feet to 0 non-tongent point: thence
S 48'04'50'" W for 0.37 feet, thence N 41'22'59" W for 2749 feet: thence S 48'35'33" W for 10.09 feet; thence
N 41'27'47" W for 28.74 feet; thence S 48'38'02" W for 23.57 feet, thence N 41'11'14" W for 31.03 feet: thence
N 87"02'24" W for 13.93 feet: thence S 48'32'04" W for 79.44 feet; thence S 06'10'31" W for 6.23 feet to 0
point on 0 circular curve concave to the Northwest and whose radius point bears N83'11'56"W; thence
Southwesterly along 0 285.15 foot radius curve leading to the right through 0 central angle of 7" 18'26'" for on arc
distance of 36.37 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears
N79'36'46'"W; thence Southwesterly along 0 103.02 foot radiUS curve leading to the right through 0 central angle
of 62'37'35" for on arc distance of 112.60 feet to a point on 0 circular curve concave to the Northwest and
whose radius point bears Nl3'52'06''W; thence Southwesterly along 0 94.39 foot radius curve leading to the right
through 0 central angle of 25'06'19" for an arc distance of 41.36 feet to 0 non-tangent point; thence
S 87'14'45" W for 5375 feet; thence S 02'40'40" E for 212.19 feet, thence S 87"12'00" W for 101.86 feet;
thence S 42'41'48" W for 38.25 feet; thence N 86'46'05" W for 2348 feet to a point on the Westerly line of said
Tract B-10, also being the Easterly right of way line of West Country Club Drive; thence N 02'40'32" W along said
Westerly line of Tract B-10 and Easterly right of way line of West Country Club Drive for 25203 feet to the Point
of Beginning
AND
Commence at said most Westerly Northwest corner of Tract B-10: thence S 02'40'32" E along soid Westerly line
of Tract B-10, and Easterly right of way line of West Country Club Drive for 651.75 feet; thence N 87'26'47'" E
for 200.46 feet to the Point of Beginning, thence continue N 87"26'47" E for 63.18 feet; thence N 42'26'47" E
for 16.77 feet, thence N 02'33'13" W for 33.67 feet; thence N 87"26'47" E for 12069 feet: thence S 02'33'13" ,
for 42.01 feet; thence S 87'26'47" W for 41.45 feet: thence S 02.33'13" E for 3961 feet; thence N 87"26'47" E
for 62.28 feet; thence S 02'33'13" E for 24.13 feet, the following six (6) courses being along the exterior
boundary of said Troct B-10; 1) thence S 87'26'47" W for 15.34 feet: 2) thence S 02'33'13" E for 34.14 feet;
3) thence S 87'26'47" W for 132.42 feet; 4) thence N 02'33'13" W for 74.14 feet; 5) thence N 47'42'35" W for
19.88 feet to 0 point on a circular curve concave to the Southeost and whose radius point bears S29'22'29"E;
6) thence Southwesterly along 0 120.00 foot radius curve leading to the left through 0 central angle of 38'07'22"
for on arc distance of 79.84 feet to 0 non-tangent point; thence N 02"40'32" W for 62.46 feet to the Point of
Beginning. .
~;;? .~
L--.;r
Drawn By
Cad. No.
MAP
090092
( LEGAL DESCRIPTION I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SU.RVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653
180 Northeast] 68ili. St.reet / North Miami Beach, Florida. 33162
Phone: 305-6:53-4493 .I Fax 305-651-7152/ Email ils@flssurvey.com
Date 2/9/09
Scale NOT TO SCALE
Job. No. 0901 16
Dwg. No. 1 009 - 00 4- 1
Sheet 2 of 6
Ref. Dwg
2007-034
Plotted'
2/9/09 11,010
EXHIBIT B
SURVEYOR'S NOTES:
- This site lies in Sed Ion 3, Township 52 South, Range 42 East and Sedlon 34, Township 51 South,
Range 42 East, City of Aventuro, M,ami-Dade County, Florida
- Bearings hereon ore referred to on assumed vaiue of S 02'40'32" E for the Easterly r'ght of way line of
West Country Club Drive
- Lands shown hereon were not abstracted for easements and/or rights-of-way of records.
- This is not 0 "Boundary Survey" but only 0 graphiC depiction of the description shown hereon.
- Lands shown hereon conta,lning 671,345 square feet. or 15.4 acres. more or less
- Dimensions shown hereon ore based on Fortin, Leavy, SkIles, sketch #2007-034
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of DescriptIon" was mode under my responsible charge or. February 9, 2009, and
meets the Minimum Technical Standards as set forth by the FloC/do Boord of ProfeSSIonal Surveyors and Mappers
in Chapter 61 G17 -6, Florida Administrative Code, pursuant to Sedion 472.027, Florida Statutes
"Not valid without the signature and the original raised
seal 01 a Florida Licensed surv~7 and Mapper"
FORTIN, LE , SI:>-l{ES, INC., LB3653
By _~~!~__
Daniel C. Fartin~FiYC--
Surveyor and Mapper, LS2853
State of Florida
Drawn By
Cad. No.
MAP
090092
( SURVEYOR'S NOTES & CERTlFICA TlON I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZA TIQN NUMBER: 00003653
180 Norc.heaS1: 168th. Street: I North Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 30:5-651-7152 / Email fls@.flssurvey.com
Date 2/9/09
Scale NOT TO SCALE
Job. No 090116
Dwg. No. 1009-004-1
Sheet 3 of 6
Ref. Dwg
2007-034
Plotted:
2/9/09 11:010
EXHIBIT B
/
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GRAPHIC SCALE
LEGEND
II TRACTS.1
o 300
~
600
I
leoo
---j
TRACT U-1
RESTRICTED GOLF COURSE ACREAGE (241.8:t ACRES)
( IN FEET )
1 inch = 600 It
Drawn By
Cad. No.
MAP
090092
2007-034
( SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INC.
CONSULTlNG ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CER TIFICA TE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street. I North Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 I Email fls@flssurvey.com
~~
I Date 2/9/09
Scale 1 "=600'
Job. No. 090116
Dwg. No. 1009-004-1
Sheet 4 of 6
Ref Dwg
Plotted: 2/9/09 11010
~
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EXHIBIT B
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
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A=76034'58"
R=43,43'
L=58,05'
R B=S86059'06"W
A=17c56'35"
R=400,OO'
L=125.27'
!A=r18'26" ,,~ (",
R=285,15' v ,,':J ~
L=36,37' v " ~
R8=N83011'56"W v"
IA=62c37'35" (;0 v~
\ R=103.02'
~A=25006'19" L=112,60'
R=94.39' RB=N79036'46"W
, L=41 ,36'
I RB=N13052'06"W TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL
FORTIN" LEAvY, SKILES, SKETCH #2007-034
1...7
L25
ill
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I LINE TABLE I LINE TA8LE
LlNE LENGTH BEARING LINE LENGTH
L1 69.15 N87'19'Z8"[ L24 8.23
L2 112.81 N16'4Q'31" L25 53.75
U 256 96 N73'19'29nE LZ6 212.19
L4 68.05 N16'40'31'" LZ7 101.86
LS 81.61 N69'06"5"[ l28 382S
L6 193.28 547'08'16"[ L29 23.48
L7 60,00 569'22'04"[ UO 252.03
L8 83,50 S5T2S'OYW L31 63.18
L9 33,64 S50'OS'05"W L32 16,77
L 10 29.97 N41 '11 '28~ U3 33.67
L11 2356 N48'48' 32~E L34 120.69
L12 28,94 N41'19'16"Y, U5 4201
L13 10_08 N48"48'19"E U6 41.45
L 14 2736 N41"14'ZO'" L37 39,61
L 15 0.30 N50"29'30'E U8 62.28
L16 0.37 S48'04'50~W U9 24_13
L17 27.49 N41'22'S9" L40 15.34
L 18 10.09 S48'35'J3~W L41 34,14
L 19 2B.74 N41'27'47"_ L42 132.42
L20 23.57 S48'3802'W L43 74.14
L21 31.03 N4"lI'14"_ L44 1968
L22 13.93 N87"02'24". L45 62.46
L23 79.44 548'32'04"W
4, L27
dS
l29 SOUTH LINE OF SECTION 34- Sl-42
NORTH L1NEOF SECTION 3-5Z-42
I ~
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~cj
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ts' 8 WES TERl Y LINE OF TRACT 8-10
l- ~ ~ND EASTERLY RIGHT OF WAY LINE
I ~ r OF WEST COUNTRy CLU8 DRiVE
L1J I '~I AVENTURA TENTH ADDITION
>' ~ PLAT BOOK 136 PAGE 92
~ ~\
ro I I
::> I A=38007'22]'~~,
-l ;;- I R=120,OO L34
();;- <t L=79 84' ~:
~ ~ I RB=S29022'29"E ~~ :J
~ ~ ~ ~ _ ~[Z'~"~'~ / ~L31 ~v iryL3L63\D8 i1~~SlH~D~~9
I- ~ Ci' T 2004..--/ ':{{ <. -' '" PLAT BOOK 136 PAGE 92
Z '" I ~ POINT OF :5 C') 'i''i' O\..fl.., L40:J _ ~
6 ~~~ I BEGINNING :5 ?~?c;'"- ~ '\
L42
\ I EXTERIOR BOUNDARY LINE
~ 73 00 OF TRACT 8-10
(f) >-;!i
L1J I ~:~ / TRACT U OTO:"
s I ~gt5 I
>- "' " FIFTH ADDITION
I>-t>. E D
~;; / BISCAYN YACHT AN COUNTRY CLU8
- - I PLAT 800K 99 PAGE 20
Drswn By
Cad. No.
MAP
090092
2007 -034
Ref. Dwg.
Plotted
2/9/09 , 1 :01 0
T
R
A
c
T
B
~o
BEARING !
S06'lO'31"W
S87'14'45~W
S02'40'40"(
S87'i2'OO"W
$42"41 '48~W
N86'46'DS"
NOT4O'32"
N87"26 , 4)"(
N4Z'Z6'47"E
NOT3J'13"W
N8T26'47'"E
50Z'33"3"(
S87"26' 47"W
SOZ'J3'13"E
N87'Z6'47"(
S02'33'13"E
S87"26'47"W
SDZ'33"13"E
S87"26'47'W
N02'33'13"W
N47'42'3S"W
N02"40'32"W
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GRAPHIC SCALF:
( SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION :NUMBER: 00003653
180 Northeast 168ch. Street: / North Mian'l.i Beach, Florida_ 33162
Phone: 305-653-4493/ Fax 305-651-7152 I En'J.ail fls@flssurvey.com
60
I
i.2(1
I
240
I
( IN FEET )
1 inch = 120 fl
/ -) .>'-
~~
I Date 2/9/09
Scale 1 "=120'
Job. No 090116
Dwg, No. 1009-004-1
Sheet 5 of 6
o
Drawn By
Cad No.
Ref, Dwg.
1300'
RIGHT OF WAY
PlAl BOOK 99
PAGE 20
\
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090092
2007-034
co
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73.00'
RIGrn OF WA '{
PLA1 BOOK 99
PAG[ 20
\
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Plotted: 2/9/09 11 :01 0
/
/ \ EXTERIOR BOUNDARY LINE
\~ OF TRACTS 8-10 AND
TRACT U
POINT OF
BEGINNING
PARCEL B GRAPHIC
o 40 80
~ I
I _ _N~T}iI~"~ _ ~O..Q~ __
.&- A= 10015'44"
{ I R=120.00'
L=2149' I
73.00'
RIGHT OF WAY
?LA"I BOOK 99
PAGE 20 ~ \
""
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~ ,..POINT OF
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~ ~I I S W CORNER OF TRACT B-10
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TRACT B-~O
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
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, A=6018'50"
R=451 0.66'
L=497,OT
T
R
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c
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
EXTERIOR BOUNDARY LINE
or TRACT U
SOUTH LINE OF TRACT U
L5
\ ----~Fw,.Rc.~~N~~ TRACT HH
( SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INC"
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHOIUZATION hruMBER: 00003653
180 Nonheasr. 168th. Street. / N"ortll 1vliami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 / Email fls@flssurvey.com
EXHIBIT B
SCALE
160
I
( IN FEET )
1 inch ~ 80 tt
A=0059'39"
R=4286,18'
L=74,3T
RB=N86031'53"E
LINE
LINE 'ABLE
LENGTH
147_73
52.6B
112,01
66.99
211.44
43.73
2405
7173
35.71
6179
66.67
97.8
BEARING
502'40'32"[
$69"21 'QYw
N12.14'25~E
S02'40'32"E
NBmo' 3B"E
N2B'44'49"
N03-20'32"
N21'07'43'E
SBT27'34"W
N4S'59'34"
NOO'35' 40"E
SB)"'9'2B"W
L1
L2
L3
L4
L5
L6
L7
LB
L9
L10
L11
L12
T
u
A=3048'14"
R=4299,22'
L=285.43'
RB=N81000'38"E
NORTH LINE OF TRACT HH
PLA T BOOK 99 PAGE 20
/~
I Date 2/9/09
Scale 1 "=80'
Job, No. 090116
Dwg, No. 1009-004-1
Sheet 6 of 6
Exhibit 7
01 & 02-REZ-08
This instrument was prepared by:
Name: Michael J. Marrero, Esq.
Address: Bercow, Radell & Fernandez, P.A,
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIONS
WHEREAS, the undersigned Owner holds the fee simple title to approximately 2,69
acres of land in the City of Aventura, Florida, described in Exhibit "A," attached to this
Declaration (the "Property"), which statement as to title is supported by the attorney's opinion
attached to this Declaration as Exhibit "B" ; and
WHEREAS, the Property is the subject of a City of A ventura (the "City") zoning hearing
application for a district boundary change to B-2 and an amendment to the Future Land Use
Map to Business and Office (the "Application"); and
WHEREAS, the City ordinance approving the proposed district boundary change (the
"Ordinance") shall become final upon the expiration of all periods for judicial challenges of the
district boundary change, with no appeal or other challenge being filed; or if an appeal or other
challenge is filed, upon resolution of such appeal or other challenge in a manner that upholds
the district boundary change (the "Ordinance Effective Date"); and
WHEREAS, in the event that any appeal or other challenge is filed regarding the district
boundary change of the Property, and the disposition of such appeal or other challenge results in
the denial of the Application in its entirety, then this Declaration shall become null and void and
of no further effect
NOW THEREFORE, in order to assure the City that the representations made by the
Owner during the consideration of the Application will be abided by the Owner, its successors
and assigns, freely, voluntarily, and without duress, the Owner hereby imposes the following
restrictions contained herein to run with the Property:
C:IDocuments and Settingslcarrj\Local SettingslTemporary Internet Files\OLK16AITurnberry _ Declaration of Rest-
Nursery area v10 (IGV) 04-09-09,doc
(Public Hearing)
Declaration of Restrictions
Page 2
(Space reserved for Clerk)
1. Incorporation by Reference. All Whereas clauses above are true and correct
and hereby adopted and incorporated by reference herein.
2. Improvements To Property. Owner agrees to perform certain actions within
180 days of the Ordinance Effective Date, including but not limited to the relocation of existing
items and new construction as pictorially described in Exhibit "COO attached hereto and made a
part hereof, and as further identified and described below, to wit:
a. The trash enclosure and compactor operations located on the southern
portion of the Property shall be relocated to the northern portion of the
Property, Nothing shall prohibit the Owner from removing the trash
enclosure and compactor operations from the Property,
b. All backhoes and stump grinders stored along the southern portion of the
Property shall be relocated to the northern portion of the Property,
Nothing shall prohibit the Owner from removing the backhoe and stump
grinders from the Property.
c. All stored materials, including, all clay pots, mulching material, and
black geofabric shall be removed from the southern portion of the
Property and relocated to the parking area on the northern portion of the
Property. Nothing shall prohibit the Owner from removing such stored
materials from the Property.
d. The existing mower storage and repair building, office building, laundry
building and engineering building shall be cleaned and repainted.
e, A 6 foot high green metal picket fence with three (3) driveway entrances
shall be erected along the western Property boundary line on West
Country Club Drive. The design of the fence shall be comparable to that
existing at the City of Aventura Founder's Park at the time this
Declaration is executed,
f. Landscaping shall be planted along the western Property boundary line
on West Country Club Drive. The species and maturity of the
C:IDocuments and SettingslcarrjlLocal SettingslTemporary Internet FileslOLK16AITurnberry _ Declaration of Rest-
Nursery area v10 (IGV) 04-09-09.doc
(Public Hearing)
Declaration of Restrictions
Page 3
(Space reserved for Clerk)
landscaping shall be based on a list of suggested plant specIes to be
proposed by the City landscape architect and approved by the Owner,
which approval shall not be umeasonably withheld.
g. A 6 foot high green metal picket fence shall be erected along the south
boundary line of the Property. The design of the fence shall be
comparable to that existing at the City of Aventura Founder's Park at the
time this Declaration is executed.
h. The Australian Pines on the western boundary of the Property shall be
trimmed to the specifications of the City's landscape architect
Upon completion of all of the foregoing items to the reasonable satisfaction of the City,
the City Manager of the City of A ventura or his/her designee, shall execute a partial release of
this Declaration of Restrictions, releasing in their entirety the requirements set forth in this
Paragraph 1. The execution of such partial release shall not be umeasonably withheld, and shall
be recorded in the Public Records of Miami-Dade County at the owner's expense. Anything
herein contained to the contrary notwithstanding, the execution and the recording of such partial
release shall not operate to permit:
'1 (x) the relocation of the trash enclosure and compactor operations back to
their original location on the southern portion of the Property; or
7 (y) the relocation of all backhoes and stump grinders back to their original
location on the southern portion of the Property; or
1 (z) the relocation of all stored materials, including all clay pots, mulching
material, and black giofabric back to their original location on the
southern portion of the Property.
3. Additional Restrictions. The Owner agrees to the following:
a. Owner shall locate any future structures on the Property at least 20 feet
from the Property's south boundary, or the applicable setback under B2
zoning regulations in existence at the time this Declaration is recorded,
C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16AITurnberry _ Declaration of Rest-
Nursery area v10 (IGV) 04-09-09.doc
(Public Hearing)
Declaration of Restrictions
Page 4
(Space reserved for Clerk)
whichever is less. Owner further agrees not to seek any variance to said
B2 zoning regulations as to the southern setback;
b. Owner agrees to maintain the Property (including any and all
improvements therein and thereon) in a clean and well kept condition;
and
c. Owner may remove the temporary improvements to the Property
described in Paragraph 2, subparagraphs d, e, and g, upon issuance of a
duly approved Building Permit for permanent improvements to the
Property (which permanent improvements shall include, without
limitation, replacement of the fences described in Paragraph 2,
subparagraphs e. and g.).
4. City Inspection. As part of this Declaration, it is hereby understood and agreed
that the Owner grants the City the right to enter and inspect the Property during working hours
to determine whether or not the requirements of the City regulations and these restrictions are
being complied with.
5. Covenant Running with the Land. This Declaration shall constitute a covenant
running with the land and shall be recorded, at Owner's expense, in the Public Records of
Miami-Dade County, Florida and shall remain in full force and effect for the term set forth in
Paragraph 6. hereof and be binding upon the undersigned Owner, and their heirs, successors and
assigns until such time as the same is modified, amended or released in the manner set forth in
Paragraph 7. hereof. These restrictions during their lifetime shall be for the benefit of, and
limitation upon, all present and future owners of the Property and for the benefit of the City and
the public welfare. The Owner, and their heirs, successors and assigns, acknowledge that
acceptance of this Declaration does not in any way obligate or provide a limitation on the City.
6. Term. Subject to the "partial release" provisions set forth in Paragraph 2.
above, this Declaration shall be binding for a period of thirty (30) years from the date this
Declaration is recorded after which time it shall be extended automatically for successive
C:IDocuments and Settings\carrj\Local SettingslTemporary Internet Files\OLK16A\Turnberry _ Declaration of Rest _
Nursery area v10 (IGV) 04-09-09.doc
(Public Hearing)
Declaration of Restrictions
Page 5
(Space reserved for Clerk)
periods of ten (10) years each, unless modified, amended or released in the manner set forth in
Paragraph 7. hereof.
7. Modification, Amendment, Release. This Declaration of Restrictions may be
modified, amended or released as to the Property, or any portion thereof, by a written
instrument executed by the then owner(s) of the Property, including joinders of all mortgagees,
if any, provided that the same is also approved by the City Manager of the City of A ventura or
his/her designee. Any such instrument of modification, amendment or release duly executed by
all of the said parties shall be recorded, at Owner's expense, among the Public Records of
Miami-Dade County, Florida. This Declaration of Restrictions may also be released, in whole or
in part, by a written instrument executed solely by the City Manager of the City of A ventura or
his/her designee, and such instrument recorded, at Owner's expense, among the Public Records
of Miami-Dade County, Florida.
8. Enforcement Enforcement of these Restrictions shall be by action against any
parties or person violating, or attempting to violate, any restriction. The prevailing party in any
action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be
reasonable for the services of his attorney. This enforcement provision shall be in addition to
any other remedies available at law, in equity or both.
9. Authorization for the City of Aventura to Withhold Permits and Inspections. In
the event the terms of this Declaration are violated, in addition to any other remedies available,
the City is hereby authorized to withhold any future permits, and refuse to make any inspections
or grant any approvals, until such time as this Declaration is complied with.
10. Election of Remedies. All rights, remedies and privileges granted herein shall
be deemed to be cumulative and the exercise of anyone or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies or privileges.
11. Presumption of Compliance. Where construction has occurred on the Property or
any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and
C:\Documents and Settings\carrj\local SettingslTemporary Internet Files\OlK16A\Turnberry _ Declaration of Rest-
Nursery area v10 (IGV) 04-09-09.doc
(Public Hearing)
Declaration of Restrictions
Page 6
(Space reserved for Clerk)
approval of occupancy given by the City, then such construction, inspection and approval shall
create a rebuttable presumption that the buildings or structures thus constructed comply with the
intent and spirit of this Declaration.
12. Severability. Invalidation of anyone of these covenants, by judgment of Court,
shall not affect any of the other provisions which shall remain in full force and effect. However,
if any material portion is invalidated, the City shall be entitled to revoke any approval
predicated upon the invalidated portion .
13. Force Majeure. The time for performance by Owner of its obligations
hereunder shall be deemed extended by the time lost due to delays resulting from Acts of Nature
(including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act
of foreign enemies, hostilities (whether war is declared or not), insurrection, military or usurped
power or confiscation, terrorist activities, government sanction, or other act beyond Owner's
controL
14. Effective Date. The Effective Date hereof shall be the date when the last one
of the Owner and the City shall have executed this Declaration.
15. Acceptance of Declaration. The Owner acknowledges that acceptance of this
Declaration does not obligate the City in any manner, nor does it entitle the Owner to a
favorable recommendation or approval of any current or future application, zoning or otherwise,
and the City Commission retains its full power and authority to deny each such application in
whole or in part and decline to accept any conveyance.
16. Owner. The term Owner shall include all its assigns and successors in interest.
[Execution Pages to Follow]
C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OlK16A\Turnberry _ Declaration of Rest-
Nursery area v10 (IGV) 04-09-09.doc
(Public Hearing)
Declaration of Restrictions
Page 7
(Space reserved for Clerk)
C:\Documents and Settings\carrjlLocal Settings\Temporary Internet FileslOLK16AITurnberry _ Declaration of Rest-
Nursery area v10 (IGV) 04-09-09.doc
(Public Hearing)
EXHIBIT "A"
LEGAL DESCRIPTION
(Attached hereto ~ Pages 1 through 4)
EXHIBIT A
LEGAL DESCRIPTION:
A portion of Tract U, FIFTH ADDlTlON BISCAYNE YACHT AND COUNTRY CLUB, according to the plat thereof, os
recorded In Plot Book 99 at Page 20 of the Publ.c Records of Miami-Dade County, Florido, and be,ng more
particularly described as follows
Commence at the Southwest corner of Tract B-10, AVENTURA TENTH ADDlTlON, according to the plot thereof, os
recorded In Plot Book 136 at Page 92 of the Pubk Records of Miam,-Dade County, Florida, thence
N 1'32'41'3'32" W along the Westerly line of soid Tract B-10, also being the Easterly right of way line of West
Country Club Dnve for 223.65 feet; thence N 87" 19'28" E for 201'3.45 feet to the Point of Beginning; thence
S 1'32'41'3'32" E for 14773 feet; thence S 69'21'03" W for 52,68 feet to a po,nt on 0 circular curve concave to
the Northwest and whose radius pOint bears N64'51'11"W, the following three (3) courses being along the exterior
boundary of sa,d Tract B-10; 1) thence Northeasterly along a 171'3,00 foot rad,us curve leading tc the left
through 0 central angle of 12'54'24" for an arc distance of 38.29 feet to a point of tangencYi 2) thence
N 12'14'25" E for 112,01 feet to a point of curvature, 3) thence Northeasterly along 0 121'3,00 foot radius curve
leading to the right through a central angle of 10'15'44" for an arc distance of 21.49 feet to the Point of
Beginning
AND
Commence at said Southwest corner of Tract B-ll'3; thence S 1'32'41'3'32" E along the Westerly line of Tract C-10
of said AVENTURA TENTH ADDlTJON, ond said Easterly right of way line of West Country Club Drive for 30,99 feet
to the Point of Beginning, also being the Northwest corner of said Tract U, the fOllow,ng three (3) courses being
along the exterior boundary of said Tract U; 1) thence S 02'40'32" E for 3600 feet to a point of curvature;
2) thence Southeasterly along 0 4510,66 foot radiUS curve leading to the left through a central angle of 6'18'50"
for an arc distance of 497,1'37 feet to the Northwest corner of Tract HH of said FIFTH ADDlTJON BISCAYNE YACHT
AND COUNTRY CLUB, 3) thence N 81'00'39" E along the North I,ne of said Tract HH for 211.44 feet to 0 paint
on 0 circular curve concave to the Northeast and whose radiUS point bears N81'00'38"E; thence Northwesterly
along a 4299.22 foot radius curve leading to the right through 0 central angle of 3'48'14" for on arc distance
of 285.43 feet to a non-tangent po,nt; thence N 28'44'49" W for 43.73 feet; thence N 1'33'20'32" W for 24.05
feet; thence N 21'07'43" E for 7173 feet to 0 po,nt on a circular curve concave to the Northeast and whose
rad,us point bears N86' 31 '53"E, thence Northwesterly along 0 4286.18 foot radius curve leoding to the right
through 0 centrol angle of 0"59'39" for an arc distonce of 74.37 feet to 0 non-tangent point; thence
S 87'27'34" W for 35.71 feet; thence N 45'59'34" W for 6179 feet, thence N 00'35'41'3" E for 66.67 feet to a
point on 0 circular curve concave to the Northwest and whose radiUS point bears N64'51 '11 "w, also being a point
on the exterior boundary of said Tract U- thence Southwesterly along said exterior boundary of Tract U, also being
along 0 171'3.00 foot radius curve leading to the right through 0 central angle of 62'10'39" for on arc distance
of 18448 feet to the Point of Beginning
~~
Drawn By
Cad. No
Ref Dwg
MAP
081267-1
2007-034
( LEGAL DESCRIPTION
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Norilieast 168th. Street / North Miaxni Beach, Florida. 33162
Phone; 305-653-4493 I Fax 305-651-7152 / Enlail fls@flssurvey.com
I Date 10/21/08
Scale NOT TO SCALE
Job. No 081267
Dwg. No, 1008-109-2BR
Sheet 1 of 4
Plotted:
10/22/08 9:340
EXHIBIT A
SURVEYOR'S NOTES:
- This site I,es in Sect,on 3, Township 52 South, Ronge 42 East, C,ty of Aventura, Miami-Dade County,
Flondo,
- Bearings hereon ore referred to on assumed value of S 02'40'32" E for the Easterly r'ght of way line of
West Country Club Drive.
- Lands shown hereon were not abstracted for easements and/or rights-of-way of records
- Easements per said Plat Book 99 at Page 20 not shown as requested
- This is not 0 "Boundary Survey" but an!y a graphic deplCt,an of the description shown hereon.
- Lands shown hereon contoining 117,171 square feet, or 2.69 ocres, more or less
- D,mensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2007-034.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" wos mode under my respans,b!e chorge on October 21, 2008,
and meets the Minimum Technical Standards os set forth by the Florida Boord of Professional Surveyors and
Mappers in Chapter 61 G17-6, Floflda Administrative Code, pursuont to Section 472,027, Florida Statutes.
"Not valid without the signature and lhe original raised
seal of a Florida Licen u eyor and Mapper"
~::~:__~_~5~__
Daniel C Fart,n For The~---
Surveyor and Mapper, LS2853
State of Florida.
Drawn By MAP ( SURVEYOR NOTES AND CERT/F/CA T/ON I Date 10/21/08
Cad No 081267-1 Scale NOT TO SCALE
Ref Dwg. FORTIN, LEA VY, SKILES, INC. Job. No. 10081267
2007 -1034 CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dwg, No. 1008-109-2BR
Plotted' 180 Northeast: 168th. Street / North 1v:fia.rni Beach, Florida. 33162
10/22/08 9:340 Phone: 305-653-4493 I Fax 305-651-7152 / Email fis@flssurvey.com Sheet 2 of 4
EXHIBIT A
I
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~ 73.00'
R\GHT OF WAY
PLA T BOOK 99
\ PAGE 20
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081267-1
2007-034
Plotted:
10/22/08 9:340
I POINTOF~
BEGINNIN~ 40,' ~
I _ 'y~,T~'~'~ _ ..1QQ:~ - -
fr- A=10015'44"
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L=21.49'
73.00 I
R'GHT OF WAY ~ TRACT 8- "llO
\ PLAT BOOK 99 0 UY
\ PAGE 20 -", I AVENTURA TENTH ADDITION
<D PLAT BOOK 136 PAGE 92
<0
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GRAPHIC SCALE
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FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
SOUTH LINE OF TRACT U
L5
-----~FWTR~~;r<~~ TRACT HH
SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INC,
CONSULTlNG ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street I North Miaxni Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 / Ernail fls@flssurvey.com
A=0059'39"
R=4286 18'
L=74.37'
AB=N86031 '53"E
LINE TABLE
LINE LENGTH BE ARIN G
Ll 14-7.73 S02.40'32~E
L2 5268 S69.21.0J'W
LJ 112.01 N12"14'2CE
L4 36,00 S02-40'32'E
l5 211.4 NB1'OO'39'E
L6 43.73 N28"44'49WW
L7 24.05 N03'20'32"W
LB 71,73 N21'07'43~E
L9 35.71 SBT27'34"W
L10 61.79 N4S'S9'34"W
Ll1 66.67 NOO'35' 40'E
A=3048'14"
A=4299.22'
L=285.43'
RB=N81000'38"E
NORTH LINE OF TRACT HH
PLAT BOOK 99 PAGE 20.v~
I Date 10/21/08
Scale 1 "=80'
Job. No. 081267
Dwg, NO'1008-109-2BR
Sheet 3 of 4
EXHIBIT A
TURNBERRY ISLE RESORT
& COUNTRY CLUB
GOLF COURSE
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A VENTURA MALL
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I Date 10/21/08
Scale NOT TO SCALE
Job_ No. 081267
Dwg, No 1008-109-28R
LOCA TlON SKETCH
MAP
081267-1
FORTIN, LEAVY, SKILES, INC,
CONSUL TING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION N"UMBER: 00003653
180 Northeast: 168m. Street I North Miami Beach, Florida 33162
Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.com
2007-034
Plotted:
10/22/08 9:340
Sheet 4 of 4
EXHIBIT "'B"
TITLE OPINION REGARDING PROPERTY
(Attached hereto)
EXHIBIT "C"
LEGAL DESCRIPTION OF SITE
(Attached in two pages, First page is the full site area. Second Page is the
blow-up of the 'nursery area" where the improvements will be made)
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EXHIBIT C ' PROPERTY IMPROVEMENTS
A VENTURA, FLORIDA
THOMAS CHECCA, P,E.I
ENVIRONMENT A1. CONSULTANT
"58I~73ro""""r~AoAiSII:D0718
PtJor.: 0!Ia I rc..(t5oIl 344-4lIM1 M4-4784
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TURNBERRY ISLES RESORT & COUNTRY CLUB
EXHIBIT C - PROPERTY IMPROVEMENTS
AVENTUFIA, FLORIDA
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APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is
hereby made and submitted The undersigned authorized representative of the individual or entity applying for the Development Permit,
which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and
identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows
Name
Relationship (i,e, Attorneys, Architects, Landscape
Architects, Engineers, Lobbyists, Efc.)
A!--h>yne1/
I
~~"r
~6/.o6G'1L
0(.1 R.. cJ~ o,f!.,
1J1, C IoiA e L. );III R.iU!SM
Je~/28Y '&R.et>w
~M~ O~u"
~.e.L- he-rIA,)
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE
DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE
ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE
APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT
BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS j DAY OF....;7':,Al6
AUTHORIZED REPRESENTATIVE OF APPLICANT:
OWNER
//
,/"
, 20o!..
By:
By:
(Signature)
~ture)
Name: e
f-/:rint) r-:J
Title: AAI....t.J.. r''''tIU"JJ~
Address: t99.SJ ~ afl~ ~8 A
I~ tP~
~e.A, S~180
Name:
(Print)
Title:
Address:
STATE OF FLORIDA )
COUNTY OF MIAMI.DADE)
Before me the undersigned authority personally appeared S
Applicant and/or the owner of the property subject to the application, who being first by
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this ~ day ofJ:AJE.
rm that he/she
"~S:P~'" Ana B. Zeigler
....._.,,'..~ ~~.t,(...... ... . _I~...('....L .
'...).> :1:", \".~ Cf'lmmission '# DD~,:jtlCi.;i ;
" i1'&1t .~- ~. 3 ')'-,~O
~:-.:~~/ifi Expires June:2 ; <.U i
'~':fllU'~fr\\'''' f:i;\-~I'Ir1l'!d Troy Faltl .lnbuf~MOg, l(l(: [1,00.::105-7019
BUSINESS RELATIONSHIP AFFIDA VIT*
This Affidayil is made pursuant 10 Section 31-71(b)(2)(ii) of the City of Aventura land Development Code, The undersigned Affiant hereby discloses that
(mark with .x. ;Wlicable portions only)
[to. Affiant does not have a Business Relationship with any member of the City Commission or any City Adyisory Board 10 which
the application will be presented
[ ] 2, Affiant hereby discloses thaI it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presenled, as follows:
(list name of Commissioner or Advisory Board Member) who serves on the
(list City Commission or City Advisory Board upon which member serves),
The nature of the Business Relationship is as follows:
I ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
f J ii. Member of City Commission or Board is a partner, co,shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[ 1 iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional worldng from the same office or for the same employer as the member of the City Commission or
Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
() v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
By:
Name
Tille:
I J VI. The member of the City Commission or Board is a Customer of fhe Appliean! or Representative and transacts
..more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
-i. DAY OF ...J:..~ .2008
APPUCANT
, 200.B
(Signature)
(Prinlj
(Prinlj
'The terms 'Business Relationship,' 'Client," 'Customer," 'Applicant,. "Representative" and "Interested Person" are defined in
Section 2.395 of the Aventura City Code,
FB
WITNESS MY HAND THIS ~i DAY OF "3 U I~
REPRESENTATIVE: (listed on Business Relationship Affidavit)
By ~, ( (Signature)
Name, J~ey &rop0''; (Pnnt)
T,U,. ~ __ (Pnnl)
B~~~~' ,~ature)
Name: M. \ <:.JI\ u..t \ f1. () '( '{Prin?}
Tille
A-+t1
V
(Print)
By: (Signature)
Name: (Print)
Title: (Prinl)
By (Signature)
Title: (Print)
Title: (Print)
By: (Signa/ure)
Title: (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
, 200 J)
By: (Signature
Name: (Print)
Title (Print)
By (Signature
Name: (Print)
Title: (Print)
By (Signature
Name: (Print)
Tille: (Print)
By: (Signature
Tille: (Print)
Title: (Print)
By: (Signature
Title: (Print)
Tille: (Print)
By: (Signature
Title: (Print)
Tille: (Print)
NOTE: 1) Use duplicate sheets jf disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Al1idavit pursuant to Sec. 3 ]-71(b)(2)(iv) of
the City's land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete
-TV
WITNESS MY HAND THIS ~DA Y OF .j lA fv r;
REPR~~A 1IV~:) (Listed on Business Relationship Affidavit)
B#~/C~(SlgnaIUre)
Namem'-i'iEL C fV3,;:.,.;t.l (Pn'nt)
(Print)
By: '
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By: (Signature)
Name: (Print)
TiUe: (Print)
By (Signature)
Tille: (Print)
Tille: (Print)
By: (Signature)
Title: (Print)
Tille: (Prinf)
By: (Signature)
Tille, (Print)
Tille: (Print)
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By (Signature
Name: (Print)
Tille: (Print)
By (Signature
Name: (Print)
Title: (Prinl)
By: (Signature
Name: (Print)
Tille: (Print)
By: (Signature
Title: (Print)
Tille: (Print)
By: {Signature
Tille: (PrinJ)
Tille: (Print)
By: (Signa/ure
TiOe: (Print)
Title: (Prinl)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Aftiants are advised to timely supplement this Affidavit pursuant to Sec_ 31-71(b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF flORIDA )
COUNTY OF MIAMI,DADE)
T'~Stiijm~iIW\'\jil~'~
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~~~=_=,..:-=~7.':C::~'-.-'- --.~-""C'__, --;-;'C_::~",,~-7::''''''''' ;,'.~ '-','.~'.",
STATE OF FLORIDA l
COUNTY OF MIAMI. DADE)
Before me, the undersigned au\J1ority, personally appeared~t "h~!
executed \his Affidavit for \J1e purposes staled therein and that it is !rue <lnd correct
......---
SWqaNlQAI!lLLSllBSCRI8ffi.;~elof~e'l(tis~~~~ LJ i1J?/
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AFFIANT
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, 20Q.p
ST ATE OF FLORIDA )
COUNTY OF MIAMI.DADE)
Belore me, Ihe undersigned <luthority. personally appeared
execuled this Alfldavit for the purposes staled therein and that it is true and correct
the Affian\. who being first by me duly swom. did swear Of affirm that helshe
AFFIANT
SWORN TO AND SUBSCRIBED belore me \J1is _ day of
,200_
Notary Public Stale 01 Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI,DADE)
Before me, ll1e undersigned authority, personally appeared
executed this Affidavit for the pUllloses slated therein and thai it is !rue and correct
the Affiant, who being first by me duly sworn. did swear Dr affirm ll1at he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day 01
,200_
Notary Public State of Florida AI Large
Printed Name of Notary
My commission expires:
NOTARIZATION PROVISION
STATE OF FlORIDA )
COUNTY OF MlAMI.DADE)
Betore me the undersigned aulhonly personally appeared ~..,,~(.. C. fi1TI~
executed this AIMavit for Ule purposes stated therein and that it is \rue and correct
SWOR
R"""~Y ~(J'<r, Notary Public State of Florida
. . Susan P Kay
~ c. ,~ My CommiSSion 00767544
~~OFf\-O'" Expires 04106/2012
,I\"'Y~
STATE OF FLORIDA )
COUNTY OF MlAMI'DADE)
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Before me, the undersigneD aulhorily, personally appeared /, 'JJ-
executed Illis Affidavit for the purposes slaled therein and thai il is lJue and cancel
SWO
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Notary Public State of Flonda
Susan P Kay
My CommiSSion 00767544
Expires 04/06/2012
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Nolpt.y PU!Jlic ~ ol2Prlda At Large .-
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Printed Name of Notary y ,/
My co ission expires: .~ ~ ~ -dt? I J-
AFFfA
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Printed Name of Nolary
My commission expires: ~ ___ t, -::dtJ/ d-
STATE OF FLORIDA )
COUNTY OF MIAMI,DADE)
Before me, lJ1e undelsiglltd authority, pelSonally appearell
executed IJlis Affidavit for ll1e purposes staled fherein and thai it is lJ\Je and concel
lJ1e Affiant. who being fllSl by me duly swom did swear or aflifm lJ1at he/she
SWORN TO AND SUBSCRIBED before me lJ1is _ day of
AFFIANT
.200_
Notary Public Slale 01 Rorida Al Large
Printed Name of NolaI)'
My commission expires:
STATE OF FLORiDA }
COUNTY OF MlAMI,DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is lJue and correct
\he Affiant who being nrst by me duly swom, did swear or affirm 1l1at he/she
SWORN TO AND SUBSCRIBED before me this _ day of
AFFIANT
,200
Notary Public Stale of Florida At Large
Printed Name of Notary
My commission expires:
NOTARIZATION PROVISION
S
!~ .
~o,...1
Betty Llerena
My Commissior. D0524988 ;
Expires D3105/201P 1
. _.._~'.- -.._---"~->-..,.,~~
STATE OFFlORIDA )
COUNTY OF MlAMI.DADE)
Before me, lI1e undersigned aulhority. personally appearedtt Ic.h6-l> I
execuled lIIis Affidavit for the purposes staled therein and lhat ~ is true and correct
!~,
~OH"'i
_~J~
Notary Public ~Ie 0fFl0rid8. .
Betiy Llerena ,
M, CommisSion D0524988 :
Ewims 03f0512l.l10 ~
-~~=~~...:"'''''
eing tirsl by me duly sworn- did swear or affirm that helshe
S
,.
STATE OFFLORIDA )
COUNTY OF MIAMI. DADE)
Belore me. Ille undersigned aulhortly, persOllally appeall!
executed this Affidavit for the purposes staled theJein and ItIat 11 is true and correct
or affirm thai helshe
SWORN TO AND SUBSCRIBED belore me Illis 4- day or ~t~
,.-:"f,. 'f'''''. q' 'z'",:n;eit
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''':;':~f.:r:f~?~:O~ f;(,;~::~~ ~.',ny F:)1f~ _In,,"ut<)ncC, \"c i/./ '~',~;.I
l-.)Cf-r~ze
~
.
STATE OFFlOR1DA )
COUNTY OF MIAMI,OADE)
Before me, lIIe unde/signed authority. persoAalIy appeared
execuled this Amdavi\ for lIle purposes slaled therein and l/Ial II is true and coneel
the AffianL who being first by me duly swom, did swear 01 arnrm \hat helshe
AFFIANT
SWORN TO AND SUBSCRIBED helote me this _ day or
,200_
NotlIy Public Slale 01 Florida At large
Printed Name 01 NOIalY
My commission expires:
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR TWO PARCELS OF LAND LOCATED
ON WEST COUNTRY CLUB DRIVE CONTAINING A
TOTAL OF 2.69 ACRES MORE OR LESS AND MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM B2,
COMMUNITY BUSINESS DISTRICT TO ROS,
RECREATION OPEN SPACE AND BY AMENDING THE
ZONING DESIGNATION FOR TWO PARCELS OF LAND
LOCATED ON WEST COUNTRY CLUB DRIVE
CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS
AND MORE PARTICULARLY DESCRIBED IN EXHIBIT
"B", FROM ROS, RECREATION OPEN SPACE TO B2,
COMMUNITY BUSINESS DISTRICT; APPROVING THE
THIRD AMENDMENT TO RESTRICTIONS RELATING TO
THE GOLF COURSE AND COUNTRY CLUB PARCELS;
ACCEPTING THE DECLARATION OF RESTRICTIONS
CONTAINING THE APPLICANT'S PROFFER OF SITE
IMPROVEMENTS AND OTHER RESTRICTIONS ON THE
PARCEL DESCRIBED IN EXHIBIT "B"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, TB Isle Resort, LP, through Applications No. 01-REZ-08
and 02-REZ-08, has made application to amend the Official Zoning Map of the City for
two parcels of land located on West Country Club Drive totaling 2.69 acres, legally
described in Exhibit "A" to this Ordinance, from B2, Community Business District to
ROS, Recreation Open Space and to amend the Official Zoning Map of the City for two
parcels of land located on West Country Club Drive totaling 2.69 acres, legally
described in Exhibit "B" to this Ordinance, from ROS, Recreation Open Space to B2,
Ordinance No. 2009-
Page 2
Community Business District, to facilitate redevelopment of the Turnberry Isle resort;
and
WHEREAS, the City Commission concurrently with this rezoning application has
considered small scale Comprehensive Plan amendments to change the future land
use designation of the parcels from Business and Office to Parks and Recreation and
from Parks and Recreation to Business and Office respectively (02-CPA-08 and 03-
CPA-08); and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local
planning agency has determined that the rezonings are consistent with the applicable
provisions of the City Comprehensive Plan as proposed to be amended; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has determined that the proposed rezonings
are consistent with the intent of the original development plan for the properties and
that all public conditions and restrictions have been satisfied; and
WHEREAS, the City Commission has reviewed the applications for rezoning and
has considered the testimony of all interested parties at the public hearings, and has
determined that the actions set forth in this Ordinance are consistent with the
Comprehensive Plan, as proposed to be amended; and the health, safety and welfare
of the City.
Ordinance No. 2009-
Page 3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. That the foregoing whereas clauses are hereby ratified
and incorporated within this Ordinance.
Section 2. Official Zonina Map Amended. That the Official Zoning Map of the
City of Aventura is hereby amended by amending the zoning designation for two
parcels of land located on West Country Club Drive totaling 2.69 acres with legal
description described in Exhibit "A" to this Ordinance from B2, Community Business
District to ROS, Recreation Open Space.
Section 3. Official Zonina Map Amended. That the Official Zoning Map of the
City of Aventura is hereby amended by amending the zoning designation for two
parcels of land located on West Country Club Drive totaling 2.69 acres with legal
description described in Exhibit "B" to this Ordinance from ROS, Recreation Open
Space to B2, Community Business District.
Section 4. Restrictions for Biscavne Villaae Amended. That the "Third
Amendment to Restrictions", attached as Exhibit "c" to this Ordinance and relating to
the golf course and country club Restrictions dated February 12, 1969 recorded in the
Public Records for Miami-Dade County in Official Records Book 6889, Page 4, with
revision on July 17, 1972 recorded in the Public Records for Miami-Dade County in
Official Records Book 8198, Page 259; further revision on December 20, 1988 recorded
in the Public Records for Miami-Dade County in Official Records Book 14012, Page
Ordinance No. 2009-
Page 4
616, is hereby approved to reflect the amended legal description of the parcels resulting
from the rezonings approved by this Ordinance and to restate the public conditions and
restrictions.
Section 5. Acceptance of Declaration of Restrictions for Site
Improvements Proffer bv Applicant. That the site improvements proffered by the
applicant on the southerly parcels legally described in Exhibit "B" and contained in the
Declaration of Restrictions attached as Exhibit "0" to this Ordinance are hereby
accepted.
Section 6. 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 7. 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 be made
a part of the Code of the City of Aventura and that the Official Zoning Map of the City may
be revised so as to accomplish such intentions.
Section 8. Effective Date. That this Ordinance shall be effective immediately
upon the effective date of the small scale amendments to the Comprehensive Plan (02-
CPA-08 and 03-CPA-08) .
Ordinance No. 2009-
Page 5
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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
PASSED on first reading this 5th day of May, 2009.
Ordinance No. 2009-
Page 6
PASSED AND ADOPTED on second reading this 2nd day of June, 2009.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Kh-n
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of June, 2009.
CITY CLERK
EXHIBIT A
LEGAL DESCRIPTION:
A portion of Tracts A-10 and 8-10, AVENTURA TENTH ADDITION, according to the plat thereof, as recorded in
Plat Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida, and being more particularly
described as follows:
8egin at the most Westerly Northwest corner of said Tract A-10, the following three (3) courses being along the
exterior boundary of said Tract A-10, 1) thence N 89'19'28" E for 74.76 feet; 2) thence N 20"40'37" E for
91,48 feet to a point of curvature; 3) thence Northeasterly and Southeasterly along a 120.00 foot radius ~urve
leading to the right through 0 central angle of 138'25'38" for an arc distance of 289,92 feet to a non-tangent
point, the following four (4) courses being along the extenor boundary of said Tract B-10; 1) thence
N 69"06'15" E for 18,00 feet; 2) thence S 47"08'16" E for 193.28 feet, 3) thence S 69"22'04" E for 60.00 feet
to a point of curvature;' 4) thence Southeasterly along 0 400,00 foot radiUS curve leading to the right through 0
central angle of 17"56'41" for on arc distance of 125.28 feet to a non-tangent point; thence S 57"28'02" W for
83,50 feet; thence N 41'14'20" W for 87,05 feet; thence N 50'29'30" E far 0_30 feet to a point on a circular
curve concave to the Southwest and whose radius point bears S86'59'06"W; thence Northwesterly 010n9 a 43.43
foot radius curve leading to the left through 0 central angle of 76'34'58" for on arc distance of 58,05 feet to a
non-tangent point; thence S 48"04'50" W for 0.37 feet; thence N 41'22'59" W for 2749 feet; thence
S 48"35'33" W for 10.09 feet; thence N 41'27'47" W for 28,74 feet; thence S 48"38'02" W for 23.57 feet; thence
N 41'11 '14" W for 31.03 feet, thence N 87"02'24" W for 13.93 feet; thence S 48'32'04"' W for 79.44 feet; thence
S 06' 10'31" W for 6.23 feet; thence S 71'05'05" W for 26.41 feet to 0 point on a circular curve concave to the
Northwest and whose radius point bears S77'22'35"W; thence Southeasterly, Southwesterly and Northwesterly along
a 77,86 foot radius curve lead,ng to the right through a central angle of 178"55'58" for an arc distance of
243,15 feet to 0 non-tangent point; thence S 87"31 '08" W for 28,18 feet; thence N 40"50'17" W for 36,67 feet;
thence S 87"22'02" W for 27,30 feet; thence S 41'22'03" W for 16.97 feet; thence S 02'37'55" E for 47,13 feet;
thence S 87'30'53" W for 61,56 feet to a point on the Westerly line of said Tract A-10, also being the Easterly
right of way line of West Country Club Drive; thence N 01'40'32" W along said Westerly line of Tract A-10 and
Easterly right of way line of West Country Club Drive for 155.58 feet to the Point of Beginning,
AND
Commence at said most Westerly Northwest corner of Tract A-10; thence S 02"40'32" E along said Westerly line
of Tracts A-10 and B-10, and Easterly right of way line of West Country Club Drive for 837.96 feet; thence
N 87"26' 47" E for 200.46 feet to the Point of Beginning; thence continue N 87'26'47" E for 63,18 feet; thence
N 41'26'47" E for 16,77 feet; thence N 01'33'13" W for 33,67 feet; thence N 87"26'47" E for 120.69 feet;
thence S 02'33'13" E for 42.01 feet; thence S 87"26'47" W for 41.45 feet; thence S 02'33'13" E for 39,61 feet;
thence N 87"26'47" E for 62.28 feet; thence S 02"33'13" E for 24.13 feet, the following six (6) courses being
along the exterior boundary of said Tract B-10; 1) thence S 87"26'47" W for 15,34 feet; 2) thence
S 02'33'13"' E for 34.14 feet; 3) thence S 87"26'47" W for 132.42 feet; 4) thence N 02"33'13" W for 74,14 feet;
5) thence N 47"42'35" W for 19.88 feet to 0 point on 0 circular curve concave to the Southeast and whose
radius point bears S29"22'29"E; 6) thence Southwesterly along 0 120,00 foot radius curve leading to the left
through 0 central angle of 38'07'22" for on arc distance of 79,84 feet to a non-tangent point; thence
N 02'40'32" W for 62.46 feet to the Point of Be9inning.
Drawn By
Cad, No.
MAP
081267
(
LEGAL DESCRIPTION
I Date 10/21/08
Scale NOT TO SCALE
Job, No, 081267
Dwg, No,1008-109-1B
Sheet 1 of 4
Ref Dwg,
2007-034
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653
180 Northeast 168th. Street I North Mianli Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 / En1.ail fls@flssurvey.com
Plotted:
10/22/08 9:340
EXHIBIT A
SURVEYOR'S NOTES:
- This site I,es in Section 3, Township 52 South, Range 42 East and Section 34, Township 51 South,
Range 42 East, Cty of Aventuro, Miami-Dade County, Florida,
- Bearings hereon ore referred to an assumed value of S 02"40'32" E for the Easterly right of way line of
West Country Club Drive
- Lands shown hereon were not abstracted for easements and/or rights-of-way of records.
- This is not 0 "Boundary Survey" but only a graphic depiction of the description shown hereon.
- Lands shown hereon contain,ng 117,167 square feet, or 2,69 acres, more or less.
- Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2007-034
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible charge on October 21, 2008,
and meets the Minimum Technical Standards as set forth by the Florida Boord of Professional Surveyors and
Mappers in Chopter 61 G 17 -6. Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
"Not valid without 1he signature and the original raised
seal of a Florida Licensed Surveyor and Mapper"
FORTIN, LEAVY, SKILES, INC" LB3653
By:
Dan,el C. Fortin, For The Firm
Surveyor and Mapper, LS2853
State 01 Florida
Drawn By
Cad. No.
(
SURVEYOR NOTES AND CERTlFICA TlON
MAP
081267
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER. 00003653
180 Northeast} 68th. Street / North Miami Beach. Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 J Emai] fls@flssurvey.com
Ref, Dwg,
2007 -034
Plotted:
10/22/08 9:340
I
Date 10/21/08
Scale NOT TO SCALE
Job. No 081267
Dwg. NO-1008-109-1 B
Sheet 2 of 4
-
(')
LLZ
02
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I ;s a
Ow rv
I 0... co -..)
/L1
~~ ~MOST WESTERLY N W CORNE~ -- --
Z OF TRACT A-1Q __--
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1\ ~ cti
f-:2
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l 7>00 .--1
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...0
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~ <i
I~"-
~~
TRACT A-~O
AVENTURA TENTH ADDITION
.PLAT BOOK 136 PAGE 92 _
(
EXTERIOR BOUNOARY LINE \
OF TRACT A-10
-
Crt.
-.J 21
\ ~
N
-'
<''='l
o
L19
~ L24 j
I
'<ol
~,
co
VI<<tSTERL Y LINE OF TRACTS A-lO & 8-10
AND EASTERLY RIGHT OF WAY LINE OF
I<<tST COUNTRY CLU8 DRIVE
-
I~!
\ ~~
"''''
w~
>-z
\ ~8
I >-
~
SOUTH LINE OF SECTION 34-51-42
NORTH LINE OrSECTION 3-52-42
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
LU
>
0:
o
T
A
R
C T
A=13B025'38"
R=120.00'
L=289,92'
\..3
ExTERIOR BOUNDARY LINE
OF TRACT 8-10
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
('7
TRACT U
EXHIBIT A
.-J
L 15 ':>
<: ~" <')"
)" <?
,,<0 9' ,,"<:,
'v 'v /0
'vOJ
'v'<>
A= 76034'58"
R=43.43'
L=58.05'
RB=S86059'06"W
A=17"56'41"
R=400,OO'
L=125,28'
"-
~
-J
\...,\'0
L.s
<'.-"
A=178055'58"
R=77,86'
L=243,15'
RB=S77022'35"W
LINE TABLE LINE TABLE
LINE LENGTH BEARING LINE LENGTH
L1 74.76 N89'19'28"E L21 27.30
L2 91.48 N20'40'37"E L22 1697
L3 18,00 N69'06'15"E L23 47.13
L4 193.28 S47'08'16"E L24 61.56
LS 6000 S69'22'04"E L25 15S.58
L6 83.50 S57'28'02"W L26 63.18
L7 87,05 N41"'.f20"W L27 16,77
L8 0.30 NSO'29'30"E L28 33.67
L9 0.37 S4S"04'50"W L29 120.69
L10 27.49 N41'22'S9"W L30 42,01
L11 10.09 S48'3S'33"W U1 41,45
L12 28.74 N4-1'27'47"W L32 39.61
L13 23.S7 S4S"3B'02"W L33 62.28
LH 31.03 N41"11"4"W U4 24.13
L15 13.93 N87'02'24"W US 15,34
L16 79.44 S4so.32'04"W U6 34-.14
L17 6.23 S06'10'31"W U7 132.4-2
L18 26.41 S72'05'OS"W U8 74.14
L19 28.18 S87'31 '08"W U9 19.88
L20 3667 N40'SO'I7"W L40 62.46
8 - 10
TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL
FORTIN, LEAVY, SKILES, SKETCH #2007.034
'"
'"
'\
\
\
\
\
\
\
\
~
\.'0
BEARING
S87'22'02"W
S42"22'03"W
S02'37'55"E
S87'30'S3"W
N02'40' 32"W
N87"26'47"(
N4-2'26'47"(
N02'33'13"W
N87'26'47"(
S02'33'13"(
S87'26'47"W
S02"33'13"(
NB7'26'4-7"E
S02'33'13"E
S87'26'47"W
S02"33'13"E
S87'26'47'W
N02'33'13"W
N47'42'35"W
N02"40'32"W
I
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./
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I
GRAPHIC SCALE
120
I
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
I
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~f\ ~ ~ ~ '
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:J ~ ~ 1 BEGINNING :3
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r- 73,00' I OF TRACT B-l0
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W I "'",~ I I TRACT U
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ir.it I /
Drawn By
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(
SKETCH OF DESCRIPTION
I
MAP
081267
( IN FEET )
1 inch = 120 It.
2<0
I
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORlZATION NUMBER: 00003653
180 Northeast 168th. Street (North Miami Beach, Florida. 33162
Phone: 305-653-4493 IFax 305-651-7152 I En:.ail fls@f1ssurvey.com
Date 10/21/08
Scale 1"=120'
Job, No, 081267
Dwg. NO'1008-109-1 B
Sheet 3 of 4
Ref. Dwg,
2007 -034
Plotted:
10/22/08 9:340
EXHIBIT A
EXHIBIT A
~~"'v
,ooIJI.J....
\IJ"'~
~~(\-l.
TURNBERRY ISLE RESORT
& COUNTRY CLUB
GOLF COURSE
TURNBERRY ISLE RESORT
& COUNTRY CLUB
EXHIBIT A
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A VENTURA MALL
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Drawn By
Cad, No,
Ref. Dwg.
I Date 10/21/08
Scale NOT TO SCALE
Job, No, 081267
Dwg. NO,1008-109-1B
LOCA TlON SKETCH
MAP
081267
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653
180 Northeast 168m. Street I North Miami Beach, Florida. 33162
Pnone: 305-653-4493 / Fax 305-651-7152 I Em.ail fls@flssurvey.col"l'l
2007-034
Plotted:
10/22/08 9340
Sheet 4 of 4
EXHIBIT 8
LEGAL DESCRIPTION:
A portion of Tract U, FIFTH ADDlT!ON BlSCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os
recorded ,n Plat Book 99 at Page 20 of the Public Records of Miami-Dade County, Flor,do, and being more
part,cularly described as fallows:
Commence at the Southwest corner of Tract B-10, AVENTURA TENTH ADDlTJON, according to the plat thereof, as
recorded In Plat Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida, thence
N 02'410'32" W along the Westerly line of said Tract B-10, also being the Easterly right of way line of West
Country Club Drive for 223.65 feet; thence N 87'19'28" E for 200.45 feet to the Point of Beginning; thence
S 02'410'32" E for 147.73 feet; thence S 69'21'03" W for 52.68 feet to 0 pomt on 0 circular curve concave to
the Northwest and whose rad,us pOint bears N64'51 '11 "w, the following three (3) courses being along the exterior
boundary of sa,d Troct B-10; 1) thence Northeasterly along a 170.00 foot radius curve leading to the left
through 0 central angle of 11'54'24" for on arc distance of 38.29 feet to 0 point of tangency; 2) thence
N 12'14'25" E for 112.01 feet to 0 point of curvature; 3) thence Northeasterly along 0 120.00 foot radius curve
leading to the right through 0 central angle of 10'15'44" for an arc distance at 21,49 teet to the Point at
Beginning.
AND
Commence at said Southwest corner of Tract B-llO; thence S 101'40' 32" E along the Westerly line of Tract C-10
of said AVENTURA TENTH ADDITlON, and said Easterly right of way line of West Country Club Drive for 310,99 feet
to the Point of Beginning, also being the Northwest corner of soid Tract U, the following three (3) courses being
along the exterior boundary of said Tract U. 1) thence S 02'40'32" E for 36.00 feet to 0 paint of curvature;
2) thence Southeasterly along a 4510,66 foot radius curve leading to the left through 0 central angle of 6'18'50"
for an arc distance of 497.07 feet to the Northwest corner of Tract HH of said FIFTH ADDITION BISCAYNE YACHT
AND COUNTRY CLUB; 3) thence N 81'00'39" E along the North line of said Tract HH for 211.44 feet to a point
on a circular curve concave to the Northeast and whose radius point bears N81'00'38"E. thence Northwesterly
along a 4299.22 foot radius curve leading to the right through a central angle of T48'14" tar an arc distance
of 285,43 feet to a non-tangent point; thence N 28'44'49" W far 43.73 feet; thence N 03'20'32" W for 24,05
teet; thence N 21'07'43" E for 71,73 teet to 0 paint on a circular curve concave to the Northeast and whose
radius point bears N86' 31 '53"E; thence Northwesterly along 0 4286,18 foot radius curve leading to the right
through a central angle of 0'59'39" for an arc distance of 74.37 feet to a non-tangent point; thence
S 87'27'34" W for 35.71 feet; thence N 45'59'34" W for 61,79 teet; thence N 100'35'40" E for 66,67 feet to a
point on a circular curve concave to the Northwest and whose radius paint bears N64'51' 11 "w. also being a point
on the exterior boundary of said Tract U; thence Southwesterly along said exterior boundary at Tract U, also being
along 0 170.00 foot radius curve leading to the right through a central angle of 62'10'39" tor an arc distance
at 184,48 feet to the Point of Beginning.
~~
Drawn By
Cad. No.
MAP
081267-1
(
LEGAL DESCRIPTION
I
Date 10/21/08
Scale NOT TO SCALE
Job, No 081267
Dwg, NO'1008-109-2BR
Sheet 1 of 4
Ref Dwg
2007-034
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION "N'UMBER: 00003653
180 Northeast. 168ili. Street. / North Miaxn.i Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152/ En"lail fls@flssurvey.com
Plotted:
10/22/08 9:34a
EXHIBIT B
SURVEYOR'S NOTES:
- This site l,es in Section 3, Township 52 South, Range 42 East, City of Aventuro, Miam,-Dade County,
Florida
- Bearings hereon ore referred to on assumed value of S 02'40'32" E for the Easterly "ight of way line of
West Country Club Drive.
- Lands shown hereon were not abstracted for easements ana/or rights-of-way of records
- Easements per said Plot Book 99 at Page 20 not shown os requested
- Th,s is not 0 "Boundary Survey" but only 0 graphIc dep,ct,on of the descript,on shown hereon.
- Lands shown hereon containing 117,171 square feet, or 2.69 acres, more or less_
- Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2007-034.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible cnarge an October 21, 2008,
and meets the Minimum Technical Standards as set forth by the Florida Boord of Professional Surveyors and
Mappers in Chapter 61 G17-6, Florida Administrat,ve Code, pursuant to Section 472.027, Florida Statutes
"Not valid withoul1he signature and the originat raised
seal of a FlOrida Licen ~ eyer and Mapper"
:~:::__C~5~_
Surveyor and Mapper, LS2853
State of Florida.
Drawn By
MAP
( SURVEYOR NOTES AND CERT/F/CA T/ON
FORTIN, LEAVY, SKILES, INC,
CONSULTlNG ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORlZATIONNUMBER: 00003653
ISO Nonheast 168th. St.reet. I North Mia..rn.i Beach. Florida. 33162
Phone~ 305-653-4493 {Fax 305-651-7152/ Email fls@f1ssurvey.com
I Date 10/21/08
Scale NOT TO SCALE
Job, No, 0081267
Dwg. No. 1008-109-2BR
Sheet 2 of 4
Cad No.
081267-1
Ref. Dwg.
2007 -034
Plotted'
10/22/08 9:34-0
EXHIBIT~
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Cad. No,
081267-1
Ref. Dwg
2007-034
Plotted'
10/22/08 9:340
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A=10015'44'"
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AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
POINT OF
COMMENCEMENT
S.W. CORNER OF TRACT 8-10
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OF TRACTS 8-10 AND
TRACT u
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160
I
A=12054'24"
R=17000'
L=38,29'
RB=N64051 '11 "W
't>
-;
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northe-ast 168th. Sueet / North 1V1iar.n.i Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 / EmaiI fls@flssurvey.conl.
-'
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
A=0059'39"
R=4286,18'
L=74,37'
RB=N86031 '53"E
LINE TABLE
LINE LENGTH BEARING
L1 147.7.3 S02'40' 32"E
L2 5268 S69'21'03"W
U 11201 N1T14'25"E
L4 36.00 S02'40'32'E
l5 211.4 N81'OO'39"E
L6 43.73 N2B'44' 49~W
L7 24.05 N03'20' 32"W
L8 71,73 N21'07'43~E
L9 35,71 S8T27'34"W
l10 6179 N45'59' 34"W
L11 66.67 NOO'35' 40"E
A=3048'14"
R=4299.22'
L=285.43'
RB=N81000'38"E
NORTH LINE OF TRACT HH
PLAT BOOK 99 PAGE 20.v~
I Date 10/21/08
Scale 1"=80'
Job, No. 081267
Dwg. No. 1008-109 -2BR
Sheet
of
3
4
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RIGHT OF WAY IFRACIF /E5)OD -10
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PAGe 20
SOUTH UNE Of TRACT U
L5
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SKETCH OF DESCRIPTION
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Ref. Dwg
Plotted:
10/22/08 9:340
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FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION N'1JMBER: 00003653
180 Northeast 168th. Street: / North Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 / Ernail fis@f1ssur.....ey.com
2007-034
TURNBERRY ISLE RESORT
& COUNTRY CLUB
GOLF COURSE
EXHIBIT ~
I
/~
I Date 10/21/08
Scale NOT TO SCALE
Job, No. 081267
Dwg NO.1008-109-2BR
Sheet 4 of 4
CITY OF AVENTURA
-
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
City Commission /\
Eric M. Soroka, IC~~
City Manager r' -~ -;
Joanne Carr, AIC;e:::. -~1. '
Community Developmen Irector
TO:
BY:
DATE:
March 4, 2009
SUBJECT:
Amended effective date of Ordinance No, 2008-08, as revised by Ordinance
No, 2009-04, 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)
April 14, 2009 Local Planning Agency Agenda Item ..i
,1st Reading April 14, 2009 City Commission Meeting Agenda Item ~ A
2nd Reading May 5, 2009 City Commission Meeting Agenda Item ~
"f.~
RECOMMENDA TION
It is recommended that the City Commission amend the effective date of Ordinance No.
2008-08, as amended by Ordinance No, 2009-04, from April 1, 2009 to September 30,
2009.
THE REQUEST
City staff is requesting adoption of an ordinance to amend the effective date of Ordinance
No. 2008-08, as amended by Ordinance No, 2009-04, from April 1 , 2009 to September 30,
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, 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 had been no
significant improvement in the economy from April 8, 2008 to January 1, 2009 and the
effective date was therefore extended to April 1, 2009 by Ordinance No, 2009-04 passed
by the City Commission on February 3, 2009. The City Commission requested, upon
adoption of the amending ordinance, that staff continue to monitor the economic
conditions. The economic slowdown continues and staff therefore recommends a further
extension of the effective date from April 1, 2009 to September 30, 2009. All other
provisions of Ordinance No. 2008-08 will remain the same,
-
-
2
-
ORDINANCE NO. 2009-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 6 "EFFECTIVE DATE" FROM
APRIL 1, 2009 TO SEPTEMBER 30, 2009 OF ORDINANCE
NO. 2008-08 ADOPTED ON APRIL 8, 2008, AS AMENDED
BY ORDINANCE NO. 2009-04 ADOPTED ON FEBRUARY
3, 2009, 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 determined that there had been no improvement to the
economic conditions since April, 2008; and
WHEREAS, the City Commission adopted Ordinance No, 2009-04 on February
3, 2009 amending the effective date of Ordinance No, 2008-08 from January 1, 2009 to
April 1, 2009; and
WHEREAS, the City Commission, acting in its capacity as the Local Planning
Agency has reviewed a further proposed change to the effective date of Ordinance No.
2008-08 as amended by Ordinance No. 2009-04 from April 1, 2009 to September 30,
2009 during a required public hearing and has recommended approval of this
Ordinance to the City Commission; and
Ordinance No. 2009-
Page 2
-
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.
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, as
amended by Ordinance No. 2009-04, is hereby further 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 d3Y of ^pril, 2009 the thirtieth day of September,
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
- 1 Stricken through text indicates proposed deletions, Underlined text indicates proposed insertions.
Ordinance No. 2009-
Page 3
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.
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 Joel, who moved its
adoption on first reading, This motion was seconded by Vice Mayor Holzberg and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commission Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor T eri Holzberg yes
Mayor Susan Gottlieb yes
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 Billy Joel
Commission Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
Ordinance No. 2009-
Page 4
-
PASSED on first reading on this 14th day of April, 2009.
PASSED AND ADOPTED on this 5th day of May, 2009.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL S~
~ I'
CITY ATTO~
,.."~
,~,
CITY OF A VENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
City Commission
FROM:
David M, Wolpin, City Attorney
DATE:
March 25, 2009
SUBJECT:
Ordinance Amending Certain Sections ofthe City Code Pertaining to Elections and Related Matters
1 st Reading April 14, 2009 City Commission Meeting Agenda Item??13
2nd Reading May 5, 2009 City Commission Meeting Agenda Item -U'
RECOMMENDA nON
It is recommended that the enclosed ordinance be adopted in order to conform City Code provisions to the Charter
amendments which were approved by the City's electors on April 22, 2008, and to update related City Code provisions.
BACKGROUND
The Miami-Dade County Supervisor of Elections ( the" County SOE") recommended that the City revise the date of City
_ mayoral and commission elections from the first Tuesday in March of odd numbered years to the first Tuesday after the first
Monday in November of even numbered years in order to coincide with county-wide general elections. The City
Commission found that revising the date of the City's general election as described above, would result in a considerable cost
savings for the City and further found that the election date revision may serve to enhance voter participation in the City's
electoral process. An amendment to the City Charter revising the dates of the City's general election was offered and
approved by the City's electorate during the special election held on April 22, 2008.
The attached Ordinance makes the following amendments to the City Code in order to ensure consistency with the recently
amended City Charter and to facilitate the transition from an independent City election to one which shall coincide with
county-wide elections.
. Amends the qualification period for candidates for City Commission and Mayor to conform to the request of the
County SOE to provide sufficient time to ensure that all qualified candidates are placed on the absentee ballots
which are distributed by the county, including distribution to overseas electors.
. Amends the commencement date of the term of the duly elected mayor and commissioners in order to correspond
with the newly adopted election date,
· Provides that the "early voting" provisions enumerated in the City Code shall in the future apply only to a City
election, including initiative, referendum, bond issuance, charter amendment or any special Mayoral and
Commission election, which is not held in conjunction with a county or state election,
. Amends the appointment date ofthe City's Vice Mayor in order to correspond with the revised commencement date
for the terms of the duly elected Mayor and Commissioners.
If you have any questions please feel free to contact me.
,-
ORDINANCE NO. 2009-
-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING ARTICLE II "CITY COMMISSION AND MAYOR"
OF CHAPTER 26 "ELECTIONS" OF THE CITY CODE OF THE
CITY OF A VENTURA BY AMENDING SECTION 26-31 "TIME
AND MANNER OF QUALIFICATION OF CANDIDATES", BY
AMENDING SECTION 26-32 "COMMENCEMENT OF TERM OF
ELECTED OFFICIALS", BY AMENDING SECTION 26-34 "EARLY
VOTING"; AND AMENDING ARTICLE I "IN GENERAL" OF
CHAPTER 2 "ADMINISTRATION" BY AMENDING SECTION 2-2
"APPOINTMENT OF VICE MAYOR" IN ORDER TO ENSURE
CONSISTENCY WITH RECENTLY AMENDED CITY CHARTER
SECTION 2.03 "ELECTION AND TERM OF OFFICE" AND CITY
CHARTER SECTION 5.03 "ELECTIONS" WHICH REVISED THE
DATE OF GENERAL MAYORAL AND COMMISSION
ELECTIONS; PROVIDING FOR INCLUSION IN THE CODE,
PROVIDING FOR SEVERABILITY, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami-Dade County Supervisor of Elections recommended that the
City of A ventura revise the date of City mayoral and commission elections from the first
Tuesday in March of odd numbered years to the first Tuesday after the first Monday in
November of even numbered years in order to coincide with county-wide general elections; and
WHEREAS, the City Commission found that revising the date of the City's general
election as described above, would result in a considerable cost savings for the City and further
found that the election date revision may serve to enhance voter participation in the City's
electoral process; and
WHEREAS, the proposed amendments to the City Charter revising the dates of the
City's general election were approved by the City's electorate during the special election held on
April 22, 2008; and
-
Ordinance No, 2009-
-
Page 2
WHEREAS, the City Commission desires to amend certain sections of the City Code in
order to ensure consistency with the recent amendments to the City Charter that revised the date
of the City's general election which were approved by the City's electorate and incorporated into
the City Charter by Ordinance No, 2008-05,
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:l
Section 1.
Recitals Adopted. That each of the above-stated recitals are hereby
adopted and confirmed,
Section 2.
City Code Amended. That Section 26-31 "Time and manner of
"~
qualification of candidates" of Article II "City Commission and Mayor" of Chapter 26
"Elections" ofthe City Code is hereby amended to read as follows:
Sec, 26-31, Time and manner of qualification of candidates.
The time and manner for qualification of candidates for election to the office of
Commissioner or Mayor shall be as follows:
(1) Regular election. The qualification period for candidates to file to run for the office
of Commissioner or Mayor shall commence on the first Monday which is no earlier than
~ 85 days and no later than 8 79 days before the date of the regular election, The
duration of the qualifying period shall be for a period of five consecutive days
commencing on Monday at 8:30 a,m, and terminating on Friday at 4:30 p,m, and shall
c-
1 Additions to existing city code text are shown by underline; deletions from existing city code
text are shown by strikethrough,
"-
Ordinance No, 2009-
Page 3
run from 8:30 a.m, to 4:30 p,m, of each successive day between and including Monday
through Friday. Notwithstanding the above provision, in the event that the Monday upon
which a Qualifying period would otherwise commence is a holiday, the qualifying period
shall commence on Tuesdav immediately following such holiday and shall be extended
for one (1) additional day, to-wit: the following Monday, with the same daily hours as
described above. The City Commission may by resolution adiust the date of the
commencement and termination of the qualifying period for a specific election in order to
comply with a request of the County Supervisor of Elections.
(2) Special elections. In circumstances in which a vacancy on the City Commission in
--
the office of Mayor or Commissioner is filled by special election, the qualifying period
shall commence on the first Monday ensuing after the adoption of a City Commission
resolution calling the special election and shall consist of a period of five consecutive
days commencing on Monday at 8:30 a.m. and terminating on Friday at 4:30 p,m., during
the same hours of each day as provided in paragraph (1) above.
(3) Qualification procedures,
a, For regular and special elections, as provided by paragraphs (1) and (2) above, it shall
be the duty of any person desiring to become a candidate for election to the office of
Mayor or Commissioner to file a written notice of candidacy, in the form set forth in
,
paragraph (4) below, accompanied by the qualification fee required by section 2,04 ofthe
City Charter and the additional election assessment imposed by State Statutes.
--
,,~
Ordinance No. 2009-
Page 4
..................
,,~
b. Candidates must meet the applicable residency qualifications provided by section
2.03(b), 2.04 and 2.05(c)(V) of the City Charter.
c. The place of qualification shall be the office of the City Clerk and the hours and dates
of qualifying shall be the applicable time period set forth in paragraph (l) or (2) above.
(4) Notice of candidacy. The form of notice of candidacy shall be as follows:
"I, the undersigned, an elector of the City of A ventura who has resided continuously in
the City for at least one (l) year preceding the date of filing of this notice of candidacy,
whose residence is
in the City of A ventura, hereby announce my
candidacy for the office of (Commissioner, Seat No. ) (Mayor) [cross-out inapplicable
provision] to be voted for at the election to be held on the
day of
, and I hereby agree to serve if elected.
Signature of Candidate
DATE AND HOUR OF FILING:
RECEIVED BY:
Isl
CITY CLERK/ELECTION OFFICIAL
Ordinance No. 2009-
Page 5
Section 3.
City Code Amended. That Section 26-32 "Commencement of term of
elected officials" of Article II "City Commission and Mayor" of Chapter 26 "Elections" of the
City Code is hereby amended to read as follows:
Sec. 26-32. Commencement of term of elected officials.
(a) The next regular term of office for Commission seats 1, 3, and 5, which expire on
March 16, 1999 November 8, 2012, shall commence on March 17, 1999 November 9,
2012 following the regular election.
(b) The next regular term of office for Commission seats 2, 4, and 6, and for Mayor,
which expire on March 20,2001 November 4,2010, shall commence on March 21,2001
""~
November 5, 2010 following the regular election.
(c) Except as provided in subsection (a) and (b) above, the term of office for the regular
terms of the Mayor and Commissioners shall commence upon the third day after the thHd
first Tuesday following the first Monday in March November subsequent to the
occurrence of the election to fill the next regular term of office for the respective Mayoral
or Commission seat. Not',vithstunding the above stated provisions of this subsection (c),
commencing "'lith the 2007 election cycle, the term of office for regular terms of the
Mayor and Commissioners shall commence upon the third day after the first Tuesday in
March subsequent to the occurrence of the election to fill the next regular term of office
for the respective Mayoral or Commission seat.
Ordinance No, 2009-
Page 6
Section 4.
City Code Amended. That Section 26-34 "Early Voting" of Article II
"City Commission and Mayor" of Chapter 26 "Elections" of the City Code is hereby amended to
read as follows:
Sec, 26-34, Early voting,
(a) For any City election, including initiative, referendum, bond issuance, charter
amendment or any special Mayoral and Commission elections (the "City Elections"),
which are not held in conjunction with a county or state election, this section shall govern
the matter of early voting, Further, early voting pursuant to this section shall comply with
the mandatory requirements ofF,S. S 101.657(1)(e), as applicable, This Section shall not
apply to the general elections referenced in Section 5,01 of the City Charter.
(b) The provisions ofF,S, S 101.657(2), shall not apply to city elections City Elections,
unless specifically made applicable by commission resolution,
(c) At any city election City Election, it is hereby provided that early voting shall be
provided only on the Saturday and Sunday immediately before a city election City
Election, unless otherwise provided pursuant to subsection (e) below,
(d) Early voting shall be provided for eight hours for each weekday and for an aggregate
of eight hours for each weekend on any weekday or weekend in which early voting is
allowed, unless otherwise provided pursuant to subsection (e) below,
(e) The City Commission may, by resolution, adopted in advance of a specific eity
election City Election alter the schedule of days and hours for early voting from that
~
which is provided in subsections (c) and (d) above, This shall include the authority to
Ordinance No, 2009-
,.,,;.---.
Page 7
extend early voting or to eliminate early voting for a specific election at which absentee
balloting is available,
(f) The City Clerk is hereby authorized to take any action which is necessary or
expedient to implement this section or to comply with any applicable law including any
mandatory provisions ofF,S. S 101.657.
Section 5.
City Code Amended. That Section 2-2 "Appointment of Vice Mayor" of
Article I "In General" of Chapter 2 "Administration" of the City Code is hereby amended to read
as follows:
-
See, 2-2, Appointment of Vice Mayor.
The City Commission shall elect a Vice Mayor semi-annually, at the first Commission
meeting in Atffil May and the first Commission meeting in October November of each
year, by a majority vote of the City Commission,
Section 6.
Severability. That the provisions ofthis 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 effect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part,
-
Ordinance No. 2009-
Page 8
Section 7.
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 be
made a part of the Code of the City of A ventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be
changes to "Section" or other appropriate word.
Section 8.
Effective Date.
That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Auerbach, who moved its
adoption on first reading. This motion was seconded by Commissioner Weinberg and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stem yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner
moved its adoption on second reading. This motion was seconded
and upon being put to a vote, the vote was as follows:
, who
by Commissioner
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
^.......
Ordinance No, 2009-
Page 9
PASSED AND ADOPTED on first reading this 14th day of April, 2009
PASSED AND ADOPTED on second reading this 5th day of May, 2009,
Susan Gottlieb, Mayor
ATTEST:
TERESA M, SOROKA, MMC
CITY CLERK
-
APPROVED AS TO LEGAL UFFICIENCY:
n
r--i~
CITY ATTORNEY
.-
CITY OF A VENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission /"' J
FROM: Eric M, Soroka, ICMA-CM, City Mana~
BY: ~rian K. Raducci, Finance Director
DATE: March 30, 2009
SUBJECT: Mid-Year Ordinance Amending 2008/09 Budget
1st Reading April 14, 2009 City Commission Meeting Agenda Item <2 ~c...
2nd Reading May 5, 2009 City Commission Meeting Agenda Item <[ , ~
-
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance amending
the 2008/09 budget. The total amount of each fund's budget amendment is outlined
below,
BACKGROUND
As you are aware, the City normally amends the budget to recognize actual fund
balance amounts carried over based on the prior year's audit. In addition, budget
amounts are amended to re-appropriate the balances in capital outlay projects which
were not 100% complete by the end of the prior fiscal year.
The need to re-appropriate unspent capital accounts and to recognize the actual fund
balances at September 30, 2008 to the 2008/09 budget was also discussed in my
memorandum dated March 30th which was distributed to the Commission along with the
CAFR.
GENERAL FUND (001) REVENUES/EXPENDITURES - $843,766
To recognize additional Carryover to fund the two (2) items described below,
--.
1. To re-appropriate $864,208 worth of capital outlay projects which were not 100%
complete by the end of the prior fiscal year (e.g" computer equipment - $63,354,
radio replacements - $107,036, transportation system improvements $693,818).
2. To decrease Non DepartmentalfTransfers by $20,442 in order to recognize
actual fund balances in the three-related debt service funds, based on the prior
year's audit.
1
,-
POLICE EDUCATION FUND (110) REVENUES/EXPENDITURES - $10,688
To recognize and re-appropriate the actual fund balance amount carried over based on
the prior year's audit. The original budget did not anticipate a fund balance.
POLICE CAPITAL OUTLAY IMPACT FEE FUND (140) REVENUES/EXPENDITURES
- $5,822
To recognize and re-appropriate the actual fund balance amount carried over based on
the prior year's audit. This also results in an increase in the capital reserve line item.
PARK DEVELOPMENT FUND (170) REVENUES - $447,556
To recognize additional Carryover to fund the two (2) items described below.
PARK DEVELOPMENT FUND (170) EXPENDITURES - $447,556
1. To re-appropriate $307,942 related to Veterans Park Improvements which were
not 100% complete by the end of the prior fiscal year.
2, To re-appropriate $139,614 in Capital Reserve, based on the prior year's audit
911 FUND (180) REVENUES/EXPENDITURES - $57,423
To recognize and re-appropriate the actual fund balance amount carried over based on
the prior year's audit. The original budget did not anticipate a fund balance.
DEBT SERVICE FUND SERIES 1999 (230) REVENUES - $18,216
To recognize and re-appropriate the actual fund balance amount carried over based on
the prior year's audit and to reduce the transfer from the General Fund, respectively.
DEBT SERVICE FUND SERIES 2000 (240) REVENUES - $721
To recognize and re-appropriate the actual fund balance amount carried over based on
the prior year's audit and to reduce the transfer from the General Fund, respectively,
2
-
DEBT SERVICE FUND SERIES 2002 (250) REVENUESIEXPENDITURES - $1,505
To recognize and re-appropriate the actual fund balance amount carried over based on
the prior year's audit and to reduce the transfer from the General Fund, respectively,
CAPITAL CONSTRUCTION FUND SERIES 2000 (340) REVENUES/EXPENDITURES
- $99,664
This fund was originally established to account for loan proceeds and expenditures
associated with the bank loan issued in 2000 for construction of the Community
Recreation Center and the acquisition and construction of Waterways Park. As the
original project has been completed, the remaining proceeds ($99,664) will now be
transferred to the Charter School Fund (190) to be used for the School's capital needs,
If you should have any questions related to this memorandum, please feel free to
contact the City Manager.
BKR/bkr
,_.
.......-.
3
.""'~
ORDINANCE NO. 2009-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AMENDING
ORDINANCE NO. 2008-15 WHICH ORDINANCE
ADOPTED A BUDGET FOR THE 2008/2009 FISCAL YEAR
BY REVISING THE 2008/2009 FISCAL YEAR OPERATING
AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements of
the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Director as to Accounting Principles), it is deemed necessary to adjust,
~
amend and implement the 2008/2009 Operating and Capital Budget as set forth in
Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2008-15, which Ordinance adopted a budget for the 2008/2009 fiscal
year, by revising the 2008/2009 budget as set forth on the attached Exhibit "A" which
exhibits are deemed incorporated by reference as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
~
carry out the aims of this Ordinance.
Ordinance No. 2009-
Page 2
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading and shall be applicable retroactively from and after
October 1,2008.
The foregoing Ordinance was offered by Vice Mayor 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 Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 14th day of April, 2009
2
Ordinance No, 2009-
,~
Page 3
PASSED AND ADOPTED on second reading this 5th day of May, 2009.
SUSAN GOTTLIEB, MAYOR
TERESA M, SOROKA, MMC
CITY CLERK
,,""'-"
APPROVED AS TO LEGAL SUFFICIE~Y:
CITYATTOR~
"..-.
3
Exhibit A
FY 2008/09 Budget Amendments
-
OBJECT
CODE CATEGORY
Revenues
Non-Revenue
3999000 Carryover
SUBTOTAL
Total Amendments - Revenues
GENERAL FUND (001)
2008/09
ADOPTED
BUDGET
2008/09
AMENDED
AMOUNT
2008/09
REVISED
BUDGET
14,866,895
14,866,895
843,766
843,766
843,766
15,710,661
15,710,661
Expenditures
Capital Outlav/lnformation TechnoloQv (8012-513)
6401 Computer Equipment 120,720 63,354 184,074
SUBTOTAL 120,720 63,354 184,074
Capital Outlav/Public Safety (8020-521l
6407 Radio Purchase & Replace, 301,748 107,036 408,784
SUBTOTAL 301,748 107,036 408,784
Capital Outlav/Communitv Services (8050-541l
6341 Transportation System Improvements 706,811 693,818 1,400,629
SUBTOTAL 706,811 693,818 1,400,629
Non DepartmentallTransfers (9001-581)
9123 Transfer to 1999 Debt Service Fund (230) 1,363,557 (18,216) 1,345,341
9124 Transfer to 2000 Debt Service Fund (240) 491,390 (721 ) 490,669
9125 Transfer to 2002 Debt Service Fund (250) 402,082 (1,505) 400,577
SUBTOTAL 2,257,029 (20,442) 2,236,587
Total Amendments - Expenditures 843,766
OBJECT
CODE
Revenues
CATEGORY
POLICE EDUCATION FUND (110)
2008/09
ADOPTED
BUDGET
20.08/09
AM~NDED
AMOUNT
2008109
REVISED
. BUQGET
Non-Revenue
3999000 Carryover
SUBTOTAL
Total Amendments - Revenues
10,688
10,688
10,688
10,688
10,688
Expenditures
Public Safety (2001-521)
5450 Training
SUBTOTAL
Total Amendments - Expenditures
10,688
10,688
10,688
14,988
14,988
4,300
4,300
Page 1 of 3
Exhibit A
POLICE CAPITAL OUTLAY IMPACT FEE FUND (140)
- 2008109 2008109 2008109
OBJECT ADOPTED AMENDED REVISED
CODE CATEGORY BUDGET AMOUNT BUDGET
Revenues
Non-Revenue
3999000 Carryover 2,892 5,822 8,714
SUBTOTAL 2,892 5,822 8,714
Total Amendments - Revenues 5,822
Expenditures
Non Departmental (9001-590)
6999 Capital Reserve 1,000 5,822 6,822
SUBTOTAL 1,000 5,822 6,822
Total Amendments - Expenditures 5,822
PARK DEVELOPMENT FUND (170)
2008109 2008109 2008109
OBJECT ADOPTED AMENDED REVISED
CODE CATEGORY BUDGET AMOUNT BUDGET
Revenues
Non-Revenue
3999000 Carryover 320,000 447,556 767,556
SUBTOTAL 320,000 447,556 767,556
Total Amendments - Revenues 447,556
Expenditures
"~ Community Services
6206 Veterans Park Modifications 307,942 307,942
SUBTOTAL 307,942 307,942
Non Departmental/Transfers /9001-590)
6999 Capital Reserve 1,000 139,614 140,614
SUBTOTAL 1,000 139,614 140,614
Total Amendments - Expenditures 447,556
OBJECT
CQQECATEGORY
Revenues
Non-Revenue
3999000 Carryover
SUBTOTAL
Total Amendments - Revenues
911 FUND (180)
2008109
ADOPTED
BUDGET
2008109
AMENDED
AMOUNT
2008109
REVISED
BUDGET
57,423
57,423
57,423
57,423
57,423
Expenditures
Public Safety (2001-521)
6999 Capital Reserve
SUBTOTAL
Total Amendments - Expenditures
57,423
57,423
57,423
57,423
57,423
.,,,-..,
Page 2 of 3
DEBT SERVICE FUND
SERIES 1999 (230)
2008/09
ADOPTED
BUDGET
,.,~
OBJECT
CODE CATEGORY
Revenues
Non-Revenue
3811001 Transfer from General Fund
3999000 Carryover
SUBTOTAL
Total Amendments - Revenues
1,363,557
1,363,557
2008/09
AMENDED
AMOUNT
(18,216)
18,216
Exhibit A
2008/09
REVISED
BUDGET
1,345,341
18,216
1,363,557
DEBT SERVICE FUND
SERIES 2000 (240)
2008/09
ADOPTED
BUDGET
OBJECT
CODE CATEGORY
Revenues
Non-Revenue
3811001 Transfer from General Fund
3999000 Carryover
SUBTOTAL
Total Amendments - Revenues
491,390
491,390
2008/09
AMENDED
AMOUNT
(721 )
721
2008/09
REVISED
BUDGET
490,669
721
491,390
DEBT SERVICE FUND
SERIES 2002 CHARTER SCHOOL LAND ACQUISITION (250)
2008/09 2008/09
AOOPTED AMENDED
CATEGORYBUDGET AMOUNT
J"~-
OBJECT
CODi:
Revenues
Non-Revenue
3811001 Transferfrom General Fund
3999000 Carryover
SUBTOTAL
Total Amendments - Revenues
402,082
402,082
(1,505)
1,505
2008/09
REVISED
BUDGET
400,577
1,505
402,082
CAPITAL CONSTRUCTION FUND
SERIES 2000 (340)
2008/09
AOOPTED
BUDGET
OBJi:CT
coDE
Revenues
CATEGORY
Non-Revenue
3999000 Carryover
SUBTOTAL
Total Amendments - Revenues
,.,;-
Expenditures
Non Departmental/Transfers (6010-581)
9118 Transfer to Charter School Fund
SUBTOTAL
Total Amendments - Expenditures
Page 3 of 3
2008/09
AMENDED
AMOUNT
99,664
99,664
99,664
99,664
99,664
99,664
2008/09
REVISED
BUDGET
99,664
99,664
99,664
99,664
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: April 27, 2009
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
SUBJECT: Ordinance Adopting 2009/20010 Charter School Fund Budget
1st Reading April 21, 2009 City Commission Meeting Agenda Item _
2nd Reading May 5, 2009 City Commission Meeting Agenda Item S{-))
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance adopting
the 2009/10 Charter School Fund Budget. The School Advisory Committee has
reviewed the document and adopted a motion to recommend approval. The document
was reviewed in detail at the April 23,2009 meeting.
If you have any questions, please feel free to contact me.
EMSlact
Attachment
CC01654-09
ORDINANCE NO. 2009-_
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ADOPTING
THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR
FISCAL YEAR 2009/201 0 (JULY 1 - JUNE 30), PURSUANT TO
SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING
EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET;
PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR
PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The 2009/2010 Operating and Capital Improvement Program
Budget for the Aventura City of Excellence School, a copy of said budget being
attached hereto and made a part hereof as specifically as if set forth at length herein, be
and the same is hereby established and adopted.
Section 2. Expenditure of Funds Appropriated in the Budqet Authorized, Funds
appropriated in the Budget may be expended by and with the approval of the City
Manager in accordance with the provisions of the City Charter and applicable law. Funds
of the City shall be expended in accordance with the appropriations provided in the Budget
adopted by this Ordinance and shall constitute an appropriation of the amounts specified
therein. Supplemental appropriations or the reduction of appropriations, if any, shall be
made in accordance with Section 4.07 of the City Charter.
Section 3. Budqetarv Control. The Budget establishes a limitation on
expenditures by department total. Said limitation requires that the total sum allocated to
the Charter School department for operating and capital expenses may not be increased
or decreased without specific authorization by a duly-enacted Resolution affecting such
amendment or transfer. Therefore, the City Manager may authorize transfers from one
Ordinance No. 2009-_
Page 2
individual line item account to another, so long as the line item accounts are within the
same department and fund.
Section 4. Personnel Authorization. The "Personnel Allocation Summary"
enumerates all authorized budgeted positions. However, the City Manager may amend
said authorized budgeted positions in order to address the operating needs of the
department so long as sufficient budgeted funds are available.
Section 5, Grants and Gifts. When the City of Aventura receives monies from any
source, be it private or governmental, by Grant, Gift, or otherwise, to which there is
attached as a condition of acceptance any limitation regarding the use or expenditures of
the monies received, the funds so received need not be shown in the Operating Budget
nor shall said budget be subject to amendment of expenditures as a result of the receipt of
said monies, but said monies shall only be disbursed and applied toward the purposes for
which the said funds were received. To ensure the integrity of the Operating Budget, and
the integrity of the monies received by the City under Grants or Gifts, all monies received
as contemplated above must, upon receipt, be segregated and accounted for based upon
generally accepted accounting principles and where appropriate, placed into separate and
individual trust andlor escrow accounts from which any money drawn may only be
disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid,
Section 6. Amendments. Upon the passage and adoption of the Charter School
Fund Budget for the City of Aventura, if the City Manager determines that the Department
Total will exceed its original appropriation, the City Manager is hereby authorized and
directed to prepare such Resolutions as may be necessary and proper to modify any line
item from the Budget hereby.
2
Ordinance No. 2009-_
Page 3
Section 7. Encumbrances. All outstanding encumbrances at June 30, 2009 shall
lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures
not spent during the fiscal year may be re-appropriated in the 2009/2010 fiscal year.
Section 8. Severabilitv. 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. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Auerbach, who moved
its adoption on first reading. This motion was seconded by Commissioner Weinberg,
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commission Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
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 Billy Joel
Commission Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
3
Ordinance No. 2009-_
Page 4
PASSED AND ADOPTED on first reading this 23rd day of April, 2009.
PASSED AND ADOPTED on second reading this 5th day of May, 2009.
SUSAN GOTTLIEB, MAYOR
S TO FORM AND LEGAL SUFFICIENCY:
y--v{h-r.
CITY ATTORNEY
4
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~
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V, PEREZ, who on oath says that he or she is the
LE~AL CLER~, L~gal Notices of the Miami Daily Business
Review f/k/a ~Iaml Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
C~unty, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - NOTICE OF PROPOSED
ORDINANCES - MEETING MAY 5,2009
in the XXXX Court
was published in said newspaper in the issues of
04/20/2009
Affi~nt f~rther says that the said Miami Daily Business
Review IS a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County
Florida, each day (except Saturday, Sunday and Legal Holidays) ,
an? h~s b~en ,~nter~d a~ se?ond class mail matter at the post
offl?e In Miami In said Miami-Dade County, Florida, for a
penod of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she h~s neither paid nor promised any person, firm or corporation
any dlsc,ount, ,rebate, ~ommission or refund for the purpose
of secunng this advertisement for publication in the said
new,pape,Z).
Sworn to and subscribed befo
20 day of APRIL
,A.D, 2009
C/y~"?%~
(SEAL)
V, PEREZ persorlaUy,k.noIAln to mli
, , Notary Pubiic SiFlte of Florida
~;",. ~)~" Ch(!['1! H !V18rmHf
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,...-....UCATIONTOCORRECT'DATE
,., .~J8'1\ib; ,
- hi..
CITY OF AVENTURA
PU.UC NOTlCEOFPROPOSEQ ORDltWlCES
NOTICE lSffE~EBY GIVEN thai on Tuesday, the 5th dlly Oi. May,2oo9,
al a meeting of the City Commission of IheCity of Avenlura 10 be held al
~. p Il' In th.. Cn!l>mi$--.ion Chamber W t\wAventuraGovefllroent
Center, 1920Q West COuntry Club Drive, Av~tura, t=londa.,lhe City
Commission will consider the adoption of the following Ordinances on
second reading, entitled:
AN ORDINANCe oF THe CITY OF AVeN1YAA-, FLORIDA,
AMENDING ARTICLE Ir "CITY ,CQMMIS!ijOJ( ANQ."~YOR" OF
CHA~ . itELe~" OF ~QTY.CC)~Of. Jlte em'.OF
Ave:tfl'\IAA 8V AllEftDlNG $ECmON 26-~"TIU~ ,AlCD M~NER
OF QUALI~TtOft OF CANDlDA_". .V~NQ SECTION
28-32 .cOMtl1ENcEMEl4TOF TERM OF ELECTeD OfIFIClAl$". ,BY
,MleNDlNGSECTlON 26-34 "EARLV VOTING"; AND AMENDING,
ARTICLe: r"IN GENERAL. OF CHAPTER-Z.ADMINISTRATION" BV'
AMENDING seCTION 2-Z "APP.OIN1'MENT OF VICEMAVOR~ IN '
ORDeR TO ENSURE CONSlSTENCV WITH RECENTLY AMeNDED
CITY CHARTER seCTION 2.03 "a:eCTlONAND TERM OF OFFICe"
AND CITY c~$EdlQIt: ",.~_CTlONS" WHICH
REVIseD THE DATE OF GeNERAL MAyoRAL AND, COMMISSION
=~":::if:o~~=-~A~='
DA~ . :
1
~~.(~~~'":.C~~_
WHICH ORDINANCE ADOPTED A 8IJDGET FOR THE' 2OOII2OOt
PlICAL VEM BY REVISING ,. 28GII2OO9 FISCAL YEAR OPeR-
ATING AND CAPITAL eUDGETAS- OUTLINED'IN-8XHI8IT "A",
ATTACHED HERETOiAtmIORIZJNG THE CITY IIAHMEfl TO DO
ALL THINGS NECESS4RYTO CMRVCM,IfTH&", OF THIS
ORDINANCE; PROYIdINGFORANEFFECTWE DATE.
.:_. _ _,,_.,"_~_ _,._ _ __,_,_,":~ ,': _ .,. _ f;_.
The proposedOfdlnaricesmay.befnspeGteCt~at the:0ftlce.0f. ,
the City Clerk, 19200 west Country Club Drive, Aventura, FIoIida.
Intetested p&ItieS may appe8f-.the Public I leering an&".biIlaId.wlttr'-
respect to the proposed Ordinances. Any person wishing to address the
City CommissiOn On any item at this Public Hearing may do so after the
Mayor opens the pubrlC hearing.
In accordanCe with the AmericanS with Disabilities Act of 1990, all
persons who are disabled and who need splk:W accOmmodations to
cpartfcipate in this proceeding because of that disability shoUld contact
the Office of the City Clerk, 305-466-8901, not later than two business
days prior to such proceedings, '
It a person decides to appeal' any deciSion made by the-CitY Commission
with respect to any matter considered at a. meeting or hearing, that
:person wiH need a record of the proceedingS and,for SUCh purpo$f!,may
'~eed to ensure that a~verba1im record of the proceedings is m~de, which
record includes the testimony and evidenceupen which the appeal iste
te ,*ed,
~
Ter~ M. Soroka, MMC Clty Clerk
09-4-~121S612M
~
MIAMI CAlL V BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami,Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami,Dade
Countv. Floridl'!' that the attached CODY of advertisement,
being ~' Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
NOTICE OF PROPOSED ORDINANCES
in the XXXX Court,
was published in said newspaper in the issues of
04/17/2009
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
".w,pap:~? ~_ . _
S~m 10."'" "',,,;bed '.10'. m~
17 day of APRIL
,A.D. 2009
~//~.-
(SEAL)
V. PEREZ personally known to me
::~,~"y PU,\<.
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Notary Public Slate oi Florida
Chf:,rvi H Marmer
k;v t ';nrnrmssion 0 D 793l~90
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CITY OF AVENTURA
PUBLIC NOTICEpF,PROPOSED~RDlNANCES
NOTICE IS HEREBY GIVEN that on TuesdaY, the 3fd'd;lY ofl\r1ay /2009,
at a meeting of the City Commissiohofthe City of Aventura to'be held at
6:00 p.m, in the Commlssiol) Chamber of the AventuraGovemment
Center, 19200 West COuntry Club Drive, Aventura" Flqrkla;theCity
Commission wUI consider lI'Ie adoption of the.followlng Ordinances on
~~q~J'.e(ldil'JQ...~~,,_,~-._,~~~.._,,_ _'_"'~_'-'~~"'___~_"~';
,AN ORDINAN~'OF THE CITY OF AVENTURA, . FLORIDA,
AMENDING ARtIC,4,.E " "CITY COMMJSSlONAND MAYOR" OF
CHAPTER.26 .EL~TIONS. OF THE CITY CODE OFTHEDtTY OF
AVENTURA BY _ENDING SECTlON.2&-3J. .UME ANDMAHNER
OF QUALIFlCAnortOF CANDIDATES";.BY AMENDftiG SECTION
2&-32. "COM.-ENCEMENT OF TERM OF E~Of'FICIA1..$", BY
AMENDING SECTION 26-34 "EARLY vonii.o"';'ANO~..ENDING
ARTICLE I "ING!i!~RAl" OF CHAPTER 2 "AOIIiNtSTRATI()N" !!IY
AMENDING SECna,. ~ "~PP9INTMENT'OF,.VIC.E MAYOR" IN
ORDER TOeNSU~, c::ptffISTENCY WITH FmC. " AM~ED
CITY CHARTER SEcn9tfJ03 "El.ECTlON A,ND"@ , . QFFICE"
AND CITY CHAATEIJ" :SECTION 5,03. "EL . .~WHlCH
REVISED. THE DATE QIr.caENERAL MA YORAL,AND COMMISSiON
ELECTIONS; PROY" FOR 'INCLUSION IN THJ:' 'CODE,
PROVIDING FOR SEV~IUTY, PROYIDING FOR AN I5FFECTIVE
DATE. ' . ", . .. .... :,:.... ..
AN OAQtNANCE OF THE CITY . COMMISSION OF THE. CtTV. .~
AVENTURA, FLORIDA, . AMENDING oRDlNANCt: NO. ~15i
WHICH ORDINANCE APOPTEDA BUDGET FOR THff~ 200812009!
FISCAL YEAR BY REVISING THE 20081200!r FISCAL YEAFt
OPERATING AND CAPITAL BUDGET AS OVTUNIiDJMEXHISlT"A":
ATTACHED HERETO;'4UTHORIZING THE CITY MANAG.a;Jit TO 00'
ALL THINGS NECESSARY TO CARRY OUT THE.AlMfSOF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. '
The proposed Ordinances may be inspect!ld by the public at the Office9f
the City Clerk, .19200 West Country Club Drive. AveJitura.. florida.
Interested parties may appear at the Pul:ilic Hearing and be heard with
respect to the proposed Ordinances. Any person ~shing 10 ~ddress the
City Commission Oil any ~em at this Public Hearing may do ~o after the
Mayor opens the public hearing. .
In accor<lancQ with the Americans with Oisabilitij!s Act of 1'990. ail'
persons who are disabled and who need specialaccomtn9datiOns to
participate in. this proceeding because of that disability sllould contact
the Office of the City Clerk, 305-466-8901. not later than two tiUsiness
days prior to such prooeedir1gs. .
, if a person decides to appeal any decision made by the City COmmiSSion.
with respect to any ~atter considered at a me~' or hearing, that
person will need a record of the p~ngs and; for such purpose, may
need to ensure !hat a verbatim recordof the pnx:Ei8dil19S is made. which
record includes the te~imony andevid8nce upon which the appeal is to
be based, . .
TereSa M. Soro~, MMC City Clerk
09-4-57/1214703M
4/17
MIAMI CAlLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V, PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida: that the attachea copy oi advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PROPOSED ORDINANCE - MAY 5, 2009
in the XXXX Court,
was published in said newspaper in the issues of
04/23/2009
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County. Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertise nt for publication in the said
newspaper.
-1J.
2009
(SEAL)
V. PEREZ personally known to me
jr~5:'~~~.~~: -~~~p.~~~~~' ~:.
:;;-,:0"~~~'''' .. . .O.V. FERBEYRE
'!?:;"'A "fk MY ~OMMISSION # DD 528108
, , . ..t~ eXPIRES: July 9, 2010
'/.P<'<:' -,.':~ >,; Nt'J~~ Public Underwriters
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CITY OF AVENTURA
PUBLIC; NOTICE OF PROPOSED ORDINANCE-~
NOTICE IS HEREBY GIVEN that-on Tuesday, the 5th day of May, 2009,:
at a meeting of-the City Commission of the City of Aventura to be held at
6:00 p.m. in the Commission Chamber of the Aventura Government'
Center, 19200 West Country Club Drive, Aventura, Florida, the City
Commission will consider the adoption of the tollowing Ordinance on
second reading, entitled:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING THE ATTACHED CHARTER SCHOOL
OPERATING AND CAPITAL BUDGET FOR THE AVENTURA
CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2009/
- 2010 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF
THE CITY CHARTER; AUTHORIZI~ EXPENDITURE OF
FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVlDl~ ,FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
pROVIDING FOR . AIjIENDMENTS: PROVIDING FOR
ENCUMBRAN,CES; PROVIDING FOR SEVERABILITY AND
PROVIDING FORAN EFFECTIVE DATE.
The proposed Ordinance l1lay be inspected by the public at the Office of'
the City Clerk, .19200 .west Country Club Drive, Aventura, Florida;
Interestedparties~y.appear at the Public Hearin9 and be heard with
respect tothe~:Ordinance. Any person wishing to address the
City Commission on any Item at this Public, Hearing may do so ~fter the
Mayor opens the publiC:hearing. . .
In accordance with the Americans with Disabilities Act of 1990, all i
persons. who are dj~bled and who need special accommodations to
partiCipate in this proceeding becauseofthatdi$abll/ty~ conlact
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.
4/23
Teresa M. Soroka, MMC City Clerk
09-4-04/121S854Mi
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THE MIAMI HERALD I MiamiHer,~ldcom
THE KOREAN PENINSULA
22 minutes of tense dialogue
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III South Korea demanded
that the North free a
detained worker, but a
meeting ground to a halt.
SEOUL, South Korea -
(AP) - North Korea refused
Tuesday to release a seized
South Korean worker during
tense talks with Seoul ofli-
cials, underlining the soured
nature of relations between
the two rival countries.
The meeting had been
billed as a major step - the
tirst government-ta-govern-
ment dialogue since conser-
vative South Korean Presi-
dent Lee Myung-bak took
office last year with a vow to
get tough on North Korea
OVer its nuclear ambitions.
But the talks - which
lasted just 22 minutes - only
started after a {ull day ofbick-
ering over how it should he
conducted South Korean offi-
cials spent more than 11 hours
in the North before the formal
meeting started.
The North seized the
South Korean worker last
month for allegedly denounc-
ing its political system. His
detention came amid already
fraying ties between the two
Koreas, and as the North is
also holding two U.S. journal-
ists it seized last month and
has vowed to put on trial.
Pyongyang rejected
Seoul's demand to free the
worker during the talks at the
Kaesong Industrial Complex
just across the border in
North Korea, a statement
{rom the Soutb Korean presi-
dent's oftice said Tuesday.
"We made it dear that our
government will react
strongly unless the North side
immediately releases the
detainee," the statement said.
"All responsibility for the fol-
lowing situation lies with the
North."
North Korean state media
were silent on the outcome of
the talks.
The meeting came amid
rising tensions over Pyong-
yang's moves to pull out of
six-nation negotiations aimed
at ridding it of atomic weap-
ons and restart its nuclear
program following U.N. Secu-
rity Council condemnation of
the North's April 5 rocket
launch.
Ru!;sia will dispatch its top
diplomat to the North this
week, and he is expected to
try to persuade the regime to
reverse that decision. Foreign
Minister Sergey Lavrov will
be in Pyongyang on Thursday
and Friday, his ministry
announced.
The South Korean state-
ment also said North Korea
will reconsider preferential
treatment - such as free land
and cheap wages paid to
North Korean workers - it
gives to South Korea at the
complex.
North Korea has mostly
refused to deal with South
Korea under Lee, though the
two states have conducted
military talks and met on the
sidelines of six-nation nuclear
negotiations.
Putting additional strain
on the meeting was North
Korea's recent warning that
the South not join a U.S.-led
program to stop the spread of
weapons of mass destruction,
which Pyongyang says it
would consider a declaration
of war.
(i.
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CITY OF AVENTURA
NOnCE OF HEARING OF LOCAL PLANNING AGENCY
AND NonCE OF AMENDMENTS OF COMPREHENSIVE PLAN
AND NonCE OF AMENDMENTS 10 OFFICIAL ZONING MAP
Public Notice is hereby given that the City of Aventura Local Planning Agency will meet
in a public hearing on Tuesday, May 5, 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 THE
COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE
MAP DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST
COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE
OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM
BUSINESS AND OFFICE TO PARKS AND RECREATION; AMENDING THE
COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND
USE DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST
COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE
OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" FROM
PARKS AND RECREATION TO BUSINESS AND OFFICE; PROVIDING FOR
TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163,
PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR
AN EFFECTIVE DATE. (see map below for property location)
AND
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FOR TWO PARCELS OF LAND lOCATED ON WEST
COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2,69 ACRES MORE OR
LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM B2.
COMMUNITY BUSINESS DISTRICT TO ROS. RECREATION OPEN SPACE
AND BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS
OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING
A TOTAL OF 2,69 ACRES MORE OR LESS AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "B", FROM ROS, RECREATION OPEN SPACE TO B2,
COMMUNITY BUSINESS DISTRICT; APPROVING THE THIRD AMENDMENT
TO RESTRICTIONS RELATING TO THE GOLF COURSE AND COUNTRY CLUB
PARCELS; ACCEPTING THE DECLARATION OF RESTRICTIONS CONTAINING
THE APPLICANT'S PROFFER OF SITE IMPROVEMENTS AND OTHER
RESTRICTIONS ON THE PARCel DESCRIBED IN EXHIBIT "B"; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE. (see map below for property location)
-
6&OTOl'''A
R2TOROS
Immediately following the Local Planning Agency meeting, the City Commission of the
City of Aventura, as the governing body, will consider on first reading at a public hearing
the Amendments to the Comprehensive Plan and the Amendments to the Official
Zoning Map Ordinances described above and will again consider the above described
Ordinances for adoption after second reading on Tuesday, June 2. 2009 at 6:00 p.m.
The above described Public Hearings will all be held in the City Commission Chamber
at City 01 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 at the 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
WORLD
Al
WEDNESDAY. APRIL 22. 2009 I 13A
FREE CRAFTS. STORYBOOK CHARACTERS
TARGET BIG BOOK GIVEAWAY
~ -'~ii~rf~~i
HOll~i<~BS~h ~~~H~lIy~ooI~tt9~'~430
Northwest Regional Library. Coral Springs, 954- 341,3900
Saturday, April 25 . 10:30 a-m to 4:30 p,m.
It ~ I
Performances vary hy location, but may include:
.
]1J\'ld C'Jn=;llrz, ])l)I1I1J \\'ashinglllJ1
AnnJ \llx'
rJntJsy lh(:'JLCr I-;H:LCII"~
TI1c emil PJ:.::')j CclI1IC~[
.1,nnrrm.aYIIII_
\ltK)IIlight Tail'S: Slur)'(clling linder the Stars
Saturday. April 25 - 7 tel 10 p.m. - i\'lain l,ihl"3l") Pla7.3 - Fl (,audt'rdale
Sroryudling i_\II'rjll.\fji)f kids.' Bring rhe ~\'h()Ie.f(trnily ro {1 flU/~iml eI'eltin~ of
music {jJulf()l/r(~frhe !>('S( srlwyre//ers flIuler (he slurs.
Children's Reading Festival
at the African-American Reseal'\'h Library and Cultund Center
Spo!lsored by De/fa Sigma fhew Som!";(); file.
Saturday, April 25 -10:30 a.m. to 4 p.m. - Y5-4-625-2S23
Slorytelkr.s - Crafts. l<iJes - And More
~~11~ ~ i':hdll~lI1iH"'I~ID
..,. ~
FamllyuFE"" "
I\lnt Illfo 9'54 )')7 7S4-( OJ \\\\\\ hlO\\,\Id()t~ Ilhl,U\ lhf09/nfJl
~. Please join Brooks Brorhers for
".) a Special Benefit Event
,. GOLDEN FLEECE
FOUNDATION@
A BROOKS BROTHERS CHARITY
in support of
The Make-A-Wish Foundation@
Thursday, April 23 & Friday, April 24, 2009
E . . I 25% . .
fiJOY a speCla savmgs
on your entire purchase when you use either the
Brooks Brothers Platinum MasrcrCard(;) or The Brooks Card@
E. 15% , .
nJoy savmgs
whcn using othet forms of payment at all Brooks Brothers stores,
online at BrooksBrothers.com or by phone at 800.274.1815.
~
~~ ~~.
("..A )) / u ~ ,~/
?mJ/i{j. rOUltff.}/
BROOKSIIROTllERS_COM (800) 1741815
Shop our MEN'S, WOMEN'S & BOYS' collenions.
Available at RETAIL & FACTORY stores,
ONLINE and by PHONE,
2% of n<.-'1 sales" will be donated to th~ Golden Fleece Foundation,
which suppom Charities like the Make-A-Wish Foundation
for your shopping convenience, all C.S. Brooks Brolhers Mores
will r~main open ulllil 9:00 p.m. or larer on April 23 and 24.
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WORLD BRIEFS
THE WORLD
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. UNITED NATIONS
u.s. to reverse Bush policy,
join Human Rights Council
The Obama administration has decided to seek a seat on
the U.N. Human Rights Council, Secretary of State Hillary
Clinton announced Tuesday, reversing a decision by the Bush
administration to shun the D.N.'s premier rights body to pro-
test the repressive states among its membership.
The United States announced it would stand as a candidate
in elections May 15 to decide three seats on the 47-member
council, joining a slate of Western candidates that includes
Belgium and Norway. New Zealand, which had planned to
run, as well, offered to step a..ide to allow the United States to
run unchallenged.
Clinton and Susan Rice, the U.S. ambassador to the United
Nations, said that the decision was part of a broader push for
"a new era of engagement" in U.S, foreign policy.
. CANADA
HIT MAN.INFORMANT PLEADS GUlL TV TO 27 MURDERS
MONTREAL - A Canadian hit man whose victims
included bikers, MaJiosi and innocent bystanders pleaded
guilty Tuesday to 27 charges of first-degree murder in a case
that makes him one of Canada's most prolific killers.
Gerald Gallant, a police informant who was already serving
a life sentence for a 2001 slaying, also pleaded guilty to 12
charges of attempted murder and a handful oi other charges.
The killings took place between 1978 and 2003 and targeted
outlaw bikers, street-gang members and mobsters. Biker gangs
have long been a problem in the French-speaking province of
Quebec, and most of the murders happened between 1994 and
2002 as the Hells Angels and Rock Machine gangs battled over
drug turf.
Gallant's victims include such bystanders as Helene Brunet,
a waitress who was wounded in 2000 while being used as a
human shield when Gallant entered the restaurant and killed
Robert Savard, a close associate of a Hells Angels kingpin.
. LIBYA
HUNDREDS FEARED DEAD AFTER BOAT CAPSIZES
TRIPOLl - Hundreds were feared dead Tuesday in the
chilly waters of the Mediterranean Sea, days after an over-
crowded wooden fishing boat packed with migrants seeking a
better life in Europe capsized in stormy waters off the coast of
Libya.
A few survivors - those who could swim - were rescued,
but authorities pulled 21 bodies (rom the water and at least 200
more were still missing after the boat capsized Friday. It is
believed to be the deadliest migrant ship accident between
North Africa and Europe in recent memory, an international
migration official said.
Tbousands of African, Asian and Middle Eastern migrants
tleeing wars and poverty use Libya and other North Airican
countries as launching pads for the dangerous journey across
tbe Mediterranean to southern Europe - often in rickety,
overloaded boats.
..
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CITY OF AVENlURA
NOTICE OF HEARING OF LOCAL PLANNING
AGENCY AND NOTICE OF AMENDMENT TO
ORDINANCE NO. 2008-08 AS AMENDED BY
ORDINANCE NO. 2009-04
Public Notice is hereby given that the City of Aventura
Local Planning Agency will meet in a public hearing on
Tuesday, April 14, 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, AMENDING SECTION 6 "EFFECTIVE
DATE" FROM APRIL 1, 2009 TO SEPTEMBER 30,
2009 OF ORDINANCE NO. 2008-08 ADOPTED ON
APRIL 8, 2008, AS AMENDED BY ORDINANCE NO.
2009-04 ADOPTED ON FEBRUARY 3, 2009, WHICH
ORDINANCE ESTABLiSHED A TRANSPORTATION
MmGATION IMPACT FEE AND SCHEDULE FOR
MmGATION OF lRANSPORTATION IMPACTS
BY NEW DEVELOPMENT IN THE CITY OF
AVENTURAj PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR SEVERABIUTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Immediately following the Local Planning AgerlCY meeting, the
City Commission ofthe Cityof AVerltura, Sitting as the governing
body, wUI 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, May 5, 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, ROI'lda,
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 pEl(SOns 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
THE MIDDLE EAST
WEDNESDAY, APRIL 1. 2009 I 7A
Netanyahu warns of Iran
III New Israeli Prime
Minister Benjamin
Netanyahu said Iran is a
'grave danger.'
BY DION NISSENBAUM
McClatchy News Servio:>
JERUSALEM - Ten years
after being ousted as prime
minister, conservative Benja-
min Netanyahu returned to
power Tuesday as the head
of a hawkish coalition gov-
ernment that will be a pivotal
player in President Barack
obama's push to stabilize the
Middle East.
Netanyahu, 59, faces an
immediate challenge in
assuaging skeptical world
leaders who worry that the
new prime minister's com-
bative style will undermine
America's diplomatic efforts
and fuel another spiral of vio-
lence in the Middle East.
In an unusually blunt
interview with The Atlantic
magazine, Netanyahu
charged that Iran was a "mes-
sianic apocalyptic cult" with
nuclear ambitions and a
"grave danger" to the world.
European leaders have
been especially critical of
Israel because of its recent
22-day military offensive,
which ravaged the Hamas~led
Gaza Strip and prompted a
brewing feud over the threat-
ened demolition of some Pal-
estinian homes in East Jeru-
salem.
"Weare not happy with
some of the steps ot' the
Israeli government, namely
construction works dose to
Jerusalem, but also access to
Gaza, which is today very
limited," Czech Foreign Min-
ister Karel Schwarzenberg,
whose country holds the
presidency oi the European
Union, told the country's
newspaper Lidove Noviny in
Tuesday's edition.
Of particular concern to
world leaders is Netanyahu's
long-standing opposition to
the creation of a Palestinian
state alongside Israel. A two-
state solution to the Israeli-
Palestinian COnflict has been
the guiding principle for
international diplomats since
Israel was established in 1948.
Netanyahu refuses to accept
that basic premise.
On Tuesday, before he
was sworn in as prime minis-
ter, Netanyahu sought to
reassure skeptics by vowing
to engage in peace talks with
the Palestinians.
"We do not want to con-
trol another people. We do
not 'Want to rule the Palestin-
ians," Netanyahu told parlia-
ment. "In
~"... ., .: ~~;ee~~nn~~
J"~. .' the Pales-
"'::.:....' ..f~....,. tinianswill
J .': ': have all the
;. authority to
govern
themselves,
NETAHYAHU except for
those that
threaten the existence or
security of ... Israel."
For Netanyahu, peace
talks with the Palestinians are
subordinate to his concern
about Iran's largely
unchecked nuclear program.
He called Iran's nuclear
ambitions and "extreme
Islam" the greatest danger to
Israel and the world.
In a rare interview with an
American journalist before
he took office, Netanyahu
said that along with lixing the
economy, blocking Iran's
nuclear ambitions should be
one of Obama's two "great
missions."
"You don't want a messi-
anic apocalyptic cult control-
ling atomic bombs;' Netan-
yahu told Jeffrey Goldberg of
The Atlantic. "When the
wide-eyed believer gets hold
of the reins oE power and the
weapons ot' mass death, then
the entire world should start
worrying, and that is what is
happening in Iran."
Israel has shown over the
last 18 months that it's willing
to weather international con-
demnation and attack per-
ceived threats. In September
2007, it bombed a suspected
Syrian nuclear site. This Jan-
uary, Israeli fighters report-
edly attacked a weapons con-
voy in Sudan. Both attacks
help ieed the perception that
Israel is willing to strike Ira-
nian nuclear sites.
McClatchy special corre-
spondent Cliff Churgin con-
tributed to this report from
Jerusalem.
12008
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