06-02-2009
City Commission
Susan Gottlieb, Mayor
A~e City of
~ventura
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City Mana~r
Eric M. Soroka, lCMA-CM
Zev Auerbach
Bob Diamond
Teri Holzberg
Billy Joel
Michael Stern
Luz Urbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City Attornev
Weiss Serota Helfman
Pastoriza Cole & Boniske
JUNE 1, 1~~~ ~ P,M.
Government Center
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. APPROVAL OF MINUTES:
May 5, 2009 Commission Meeting
May 14,2009 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 A VENTURA, FLORIDA, APPROVING SEVENTH
AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
THE CITY MANAGER AND THE CITY OF A VENTURA;
PROVIDING MERIT BONUS; PROVIDING AN EFFECTIVE
DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED INTERLOCAL AGREEMENT
June 2, 2009
BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI-
DADE COUNTY FOR P ARTICIP A TION IN THE MUNICIPAL
PARKING FINES REIMBURSEMENT PROGRAM;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA A WARDING AND LETTING A
BID/CONTRACT FOR BID NO. 09-05-05-2, WEST COUNTRY
CLUB DRIVE AND A VENTURA BOULEVARD RIGHT TURN
LANE IMPROVEMENTS, TO KMC CORPORATION AT THE
BID PRICE OF $88,308.50; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA ADOPTING CHAPTER 6.6 OF THE
ADMINISTRATIVE POLICY DIRECTIVES AND PROCEDURES
MANUAL, AS ATTACHED HERETO, ENTITLED
"INVESTMENT OBJECTIVES AND PARAMETERS" AS THE
CITY'S INVESTMENT POLICY FOR THE MANAGEMENT OF
PUBLIC FUNDS; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING 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 of the quasi-judicial procedures may be
obtained from the Clerk.
A RESOLUTION OF THE CITY OF A VENTURA, FLORIDA, CONCERNING
AN APPEAL PURSUANT TO SECTION 31-83 OF THE CITY CODE FROM A
WRITTEN ORDER, REQUIREMENT, DECISION, DETERMINATION OR
INTERPRETATION MADE BY AN ADMINISTRATIVE OFFICIAL IN
ENFORCEMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS
RELATING TO PROPERTY AT 3560 NE 191 STREET, CITY OF A VENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
7. ORDINANCES: FIRST READING-PUBLIC INPUT: None.
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June 2, 2009
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
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 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.
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
"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.
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June 2, 2009
C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
ADOPTING A TEN-YEAR WATER SUPPLY FACILITIES
WORK PLAN AND AMENDING THE CITY OF AVENTURA
COMPREHENSIVE PLAN BY AMENDING THE FUTURE
LAND USE ELEMENT, THE INFRASTRUCTURE ELEMENT,
THE CAPITAL IMPROVEMENTS ELEMENT, THE
INTERGOVERNMENTAL CO-ORDINATION ELEMENT AND
THE CONSERVATION & COASTAL MANAGEMENT
ELEMENT OF THE CITY OF A VENTURA COMPREHENSIVE
PLAN TO IMPLEMENT THE CITY OF A VENTURA TEN-YEAR
WATER SUPPLY FACIILTIES WORK PLAN REQUIRED
PURSUANT TO CHAPTER 163, PART II, FLORIDA STATUTES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN; AND
PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF
A VENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR
FISCAL YEAR 2009/10 TO 2013/14 AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP JUNE 18,2009 9 AM 5th FLR EX. CONF. ROOM
COMMISSION MEETING
JULY 7, 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 of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura 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 of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 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
MAY 5, 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 6:45 p.m.
immediately following the 6 p.m. LPA meeting by Mayor Susan Gottlieb. Present were
Commissioners lev 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. PLEDGE OF ALLEGIANCE: Led during LPA.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Vice Mayor Holzberg, passed unanimously and the
following action was taken:
A. The following minutes were approved:
April 14, 2009 Commission Meeting
April 23, 2009 Commission Meeting
April 23, 2009 Workshop Meeting
B. Resolution No. 2009-24 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 RESOL.UTION; AND PROVIDING AN
EFFECTIVE DATE.
C. Resolution No. 2009-25 was adopted as follows:
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.
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 of the quasi-judicial procedures may be obtained from the Clerk. None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: Ex-parte communications by
Commissioners, if any, were disclosed and filed with the City Clerk in accordance
with City Code Section 34. All witnesses givi':lg testimony in these hearings were
sworn in by the City Clerk. Mr. Wolpin advised that both ordinances would be
addressed in the same hearing but voted on separately, read the quasi-judicial
proceedings and the following ordinances by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, 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.
B. 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
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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.
Mayor Gottlieb opened the public hearing. There being no speakers, the
public hearing was closed. A motion for approval of item 7-A, including
the incorporation by reference into this hearing of all amendments and
testimony, written and verbal, relative to these items given at the
preceding Local Planning Agency meeting, was offered by Vice Mayor
Holzberg, and seconded by Commissioner Joel. The motion passed
unanimously by roll call vote.
A motion for approval of item 7 -B, including the incorporation by reference
into this hearing of all amendments and testimony, written and verbal,
relative to these items given at the preceding Local Planning Agency
meeting, was offered by Commissioner Auerbach, and ~econded by
Commissioner Diamond. The motion passed unanimously by roll call
vote.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
A. Mr. Wolpin read the following ordinance by title:
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 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 was offered by Commissioner Stern, and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being
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no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2009-08 was enacted.
B. Mr. Wolpin 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 Weinberg, 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. 2009-09 was enacted.
C. Mr. Wolpin read the following ordinance by title:
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.
A motion for approval was offered by Commissioner Diamond, 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. 2009-10 was enacted.
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D. CITY COMMISSION, ACTING 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 2009/10 (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 Weinberg, and seconded by
Commissioner Joel. 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. 2009-11 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS:
12. OTHER BUSINESS: None.
13. 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 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.
5
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MINUTES
CITY COMMISSION
WORKSHOP MEETING
May 14, 2009 - 9 AM
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 9:00 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Billy
Joel, Michael Stern, Luz Urbaez Weinberg (arrived at 9: 10), 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. CAPITAL IMPROVEMENT PROGRAM 2009-2014 BRIEFING (City Manager): Mr.
Soroka reviewed a powerpoint presentation outlining this document and addressed
Commission questions and concerns.
CITY MANAGER SUMMARY: Consensus to proceed and address resolution for
approval at June Commission meeting.
2. PROJECT UPDATES (Citv Manaqer): Mr. Soroka reviewed the Investment
Program, Arts and Cultural Center facility, construction of additional classrooms for
ACES, and the implementation of social networking for distribution of information
only.
CITY MANAGER SUMMARY: No action necessary.
3. CITY MANAGER REVIEW (Commissioner Joel): Commissioner Joel discussed the
City Manager's evaluation. He reviewed the recommendation outlined in his memo,
with the amendment that the 3% COLA increase be included.
CITY MANAGER SUMMARY: Consensus to approve and that Commissioner Joel
conduct the 2010 evaluation of the City Manager and make recommendation to the
Commission.
4. 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 10:05 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.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
DATE: May 20, 2009
FROM: Eric M. Soroka, ICMA-CM, City
SUBJECT: Resolution Declaring Equipment Surplus
June 2, 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
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
Robert M. Sherman, Director of Community Servi
TO:
Eric M. Soroka, ICMA-CM, City Manager
DATE:
May 13, 2009
SUBJECT: Surplus Property
Please have the City property listed below declared as Surplus Property as these items
have become cost prohibited to maintain and inadequate for department purposes:
Model
Serial #
20907453
086C1882
AssetTa
N/A
N/A
N/A
XL-F154bk
RMS/gf
RMS09022
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: Steven Steinberg, Chief of Police
DATE: 28 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:
2003 2FAFP71VV73X167520 Crown Victoria
2004 2FAFP71VVX4X124730 Crown Victoria
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 "An 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 "An 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 Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 2nd day of June, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIEN91Y:
rv1f ~
CITY ATTORNEY
Agenda Item 5-C
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING SEVENTH
AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY MANAGER AND THE CITY OF
AVENTURA; PROVIDING MERIT BONUS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Employment Agreement (the "Agreement") between the City
Manager and the City of Aventura (the "City") provides for an annual evaluation of the
performance of the City Manager in accordance with Section 1.4 of the Agreement; and
WHEREAS, the City Commission has conducted an evaluation of the City
Manager's performance and finds that the City Manager's performance is excellent; and
WHEREAS, the City Commission desires to grant a merit bonus and other
benefits to the City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Effective June 3, 2009, the City Manager is hereby granted a net
bonus of $20,000.
Section 2. The Seventh Amendment to Employment Agreement, a copy of
which is attached hereto is hereby approved and the Mayor and City Clerk are hereby
authorized, in their respective capacities, to execute such Seventh Amendment to
Employment Agreement on behalf of the City.
Section 3. This Resolution shall take effect immediately upon 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 Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 2nd day of June, 2009.
SUSAN GOTTLIEB, MA VOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVr.:? ~L SUFFICIEN<;:\
CITY ATIORNEY ~
SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT
THIS SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT is
made and entered into this 2nd day of June, 2009, by and between the City of
Aventura (the "City") and Eric M. Soroka, City Manager ("Soroka" or "City
Manager").
WHEREAS, on April 19, 1996, the parties entered into the Employment
Agreement (the "Agreement") providing the terms and conditions of Soroka's
employment as City Manager of City, which Agreement was amended on July
21, 1997, June 4, 2002, June 1, 2004, June 7, 2005, June 6, 2006, and June 3,
2008; and
WHEREAS, in accordance with the annual evaluation conducted by the
City Commission pursuant to Section 1.4 of the Agreement, the parties desire to
further amend the Agreement as provided in this Seventh Amendment to
Employment Agreement (the "Seventh Amendment to Agreement"); and
NOW, THEREFORE AND IN CONSIDERATION OF THE MUTUAL
PROMISES AND COVENANTS CONTAINED HEREIN, THE CITY AND CITY
MANAGER AGREE THAT THE AGREEMENT, AS PREVIOUSLY AMENDED,
IS HEREBY FURTHER AMENDED, AS FOLLOWS:
Section 1. That Section 1.9 "Leave" of the Agreement is hereby amended
by adding the following provision: Upon the City Manager's 15th year of service
with the City, the accumulated sick leave payout cap shall be 1,000 hours.
Section 2. City and City Manager further agree that all other terms and
conditions contained in the Amended Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the City and City Manager have caused this
Seventh Amendment to Agreement to be signed and executed, in duplicate, the
day and year first above written.
City Manager
City of Aventura
Eric M. Soroka
Susan Gottlieb, Mayor
Attest:
Approved as to form and
legal sufficiency:
Teresa M. Soroka, MMC, City Clerk
City Attorney
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission ~ r-1
FROM: Eric M. Soroka, ICMA-CM, Ci*fnager
BY: +ian K. Raducci, Finance Director
DATE: May 19, 2009
SUBJECT: Interlocal Agreement Between the City and the County for Participation in
the Municipal Parking Fines Reimbursement Program.
June 2,2009 City Commission Meeting Agenda Item S-j)
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution authorizing
the City Manager to execute the attached lnterlocal Agreement between the City and
Miami-Dade County for the participation in the Municipal Parking Fines Reimbursement
Program.
BACKGROUND
The City was recently informed by Miami-Dade County that they have a program to
improve accessibility and equal opportunity to qualified persons who have disabilities
and to conduct disability public awareness programs. The program requires that an
Affidavit be submitted annually from the municipality's Chief Administrative Official
which states that the funds reimbursed shall be used in accordance with the above.
In order to be eligible to participate in the program, there is a one-time requirement to
complete the enclosed Interlocal Agreement and return it to the Office of ADA
Coordination by June 30, 2009. It is the County's goal to increase participation in the
program in order to get these monies back into the communities where they can be
used to fund programs for persons with disabilities. Additionally, it is hoped that more
reimbursements create additional incentives to enforce the accessible parking laws,
thus freeing up more spaces for those who are entitled to use them.
Reimbursements to municipalities are based on a percentage of revenue collected
during Fiscal Year 07-08 that is determined by calculating the total amount paid on
tickets issued in a municipality divided by the total number of tickets paid county-wide.
1
Funding estimates include a percentage of the carryover monies that were not
distributed to any municipalities in the previous year.
In accordance with Section 30-447 of the Code of Miami-Dade County, parking fine
money generated from the misuse of marked spaces for people with disabilities is used
in the following manner:
. One third of the money is used to defray Clerk of Courts administrative
expenses; and
· Two-thirds of the money is used to provide funds to improve accessibility and
equal opportunity to qualified physically disabled persons and to provide funds to
conduct public awareness programs concerning physically disabled persons. Of
this amount, 30% is retained by the County for county-wide purposes, in
accordance with State law, and 70% is allocated to the governmental entity
having jurisdiction over the violation.
This year the City's share of these funds totals $9,710.00. The City plans on using
these funds for two (2) new handicap ramps and a special emphasis crosswalk at the
West Country Club Drive and Aventura Boulevard Right Turn Lane project. Any
remaining funds will be utilized to replace or repair any damaged ADA HC ramps.
If you should have any questions related to this memorandum, please feel free to
contact the City Manager.
BKR/bkr
2
HIAH~
tmmmiiIJ
ADA COOIdinalton
Office of County Manager
111 NW 1 st Street · Suite 2910
Miami, Florida 33128-1994
T 305-375-5311
miamidade.gov
Agenda Coo<dinotion
Ad in Public Places
Audiland Matlilgemenl Service<
Aviation Eric M. Soroka, City Manager
Building Code Compliance City of A ventura
Building Office of the City Manager
Busin... Developmen1 19200 W. Country Club Dr.
Capilallmpnwements Aventura. FL 33180
Gllzen's l~nt Transpoftalion Trust
Community Action Age-ncy
CommunfcOllion'i Dear Mr. Soroka:
Commun~y & Economic Development
Community Relations.
Consumer ServiC-t'S
Co"eclions & Rehabili...'ion
Counlywide Heahhca.e Planning
Cuftur_1 Affai:rs
Elec.ions
Emeogency Managemen1
Employee Relalions
EnIe'P'ise Technology Se1vices
(Rv.rORmenlal Resources Management
F.air Employment Practices
Finance-
f,re ReKue
Ge:rteQl SefYICe-s Administration
Hisklric Pres:erv.alion
Ho-melrss frUit
I am pleased to advise you that Miami-Dade County is commencing the process for
the Fiscal Year 08-09 ParKing Fines Reimbursement Program. The program requires
that an Affidavit (see enclosed template) be submitted annuaJly from the
municipartty's chief administrative offICial. The Affidavit states that the funds
reimbursed shall be used to improve accessibility and equal opportunity to qualified
persons who have disabilities in the municipality and to conduct disability.public
awareness programs.
In order to be eligible to participate in the program, there is a one-time requirement to
complete the enclosed Inter10cal Agreement and retum it to the Office of ADA
Coordination. It is our goat to increase participation in the program in order to get
these monies back into the communities where they can be used to fund programs
for persons with disabHities. Additionally. it is hoped that more reimbursements create
additional incentives to enforce the accessible parking laws, thus freeing up more
spaces for those who are entitled to use them.
HovsingAgency The combination of fines collected in the previous fiscal year, and unspent funds
l-IousingFitlilnceAulhorily from other municipalities, makes available an amount of $9,710.00 for which the
Human Services City of Aventura may apply. The deadline for submission of the affidavit and
Independent Review Panel interlocal agreement is June 30. 2009.
lnwm,'klnal Trade Con~ortium
Jc.wMile Asseswnenl Center
.Medic~1 [xaminer
Metropolitan Planning Organization
Park and Recrea.ion
Pl.Jnning.nd Zoning
Police
Procu..-ement
Propeny Ap"'dise.
Public tibra,y System
Public Wo,ks
Safe Neighborhood Parks
Seaport
Solid Waste Management
Sualegi<: Business Matlilgement
rifam ME'tro
Urban R~iI3riz.atfOn Task forCe'
ViU.ayoi Museum .lnd G.lrdeons
W~Ie-J and SewtN'
Reimbursements to municipalities are based on a percentage of revenue
collected during Fiscal Year 07-08 that is determined by calculating the total
amount paid on tickets issued in a municipality divided by the total number of
tickets paid countywide. Funding estimates indude a percentage of the
carryover monies that were not distributed to any municipalities in the previous
year.
Tf.nsil
In accordance with Section 30-447 of the Code of Miami-Dade County, parking
fine money generated from the misuse of marked spaces for people with
disabilities is used in the following manner:
. One-third of the money is used to defray Clerk of C~istratiVe
expenses; and APR 'i ,uU9
OFRCE Of THE
cnv MANN*
Parking Fines Reimbursement Program
Page 2
. Two-thirds of the money is used to provide funds to improve accessibility
and equal opportunity to qualified physically disabled persons and to
provide funds to conduct public awareness programs concerning
physically disabled persons. Of this amount, 30 percent is retained by the
County for countywide purposes, in accordance with State law, and 70
percent is allocated to the governmental entity having jurisdiction over the
violation.
If you need additional information regarding the Parking Fines Reimbursement
Program, please contact Office of ADA Coordination Director Heidi Johnson-Wright at
305-375-3566,111 N.W. 1 Street, Suite 348, 1il1 Floor, Miami, Florida 33128.
Sincerely,
~.~
County Manager
Enclosures
C: Wendi J. Norris, Director, General Services Administration
Jennifer Glazer-Moon, Director, Office of Strategic Business Management
INTERLOCAL AGREEMENT
This agreement is entered into this
day of
year, by and between
Miami-Dade County, Florida, a political subdivision ofthe State of Florida (the "County") and City of
Aventura (the "municipality"), a municipal corporation organized and existing under the laws of the
State of Florida.
WITNESSETH
WHEREAS, Section 316.008 Florida Statutes, and Section 30-447. Code of Miami-Dade
County, authorizes the charging of fines for misuse of specially marked parking spaces for people
with disabilities, and
WHEREAS, Miami-Dade County proposes to distribute said fines under the provisions of
Section 30-447 of the Code of Miami-Dade County, Florida.
NOW THEREFORE in consideration of the covenants contain herein, the parties agree as
follows
1. This agreement shall become effective upon its execution by the authorized officers of
the parties and will continue annually upon agreement by both parties.
2. The allocation of the disabled parking fine monies shall be used to provide funds to
improve accessibility and equal opportunity to qualified physically disabled persons
and to provide funds to conduct public awareness programs concerning physically
disabled persons.
1
3. The parties shall annually submit an affidavit sworn by the chief administrative
official of the municipality to the Miami-Dade County Office of Americans with
Disabilities Act Coordination, hereinafter known as the "ADA Office".
4. The affiant will affirm that expenditures meet the following criteria:
a. The funds reimbursed shall be used to improve accessibility and equal
opportunity to qualified persons who have disabilities in the municipality and
to conduct public awareness programs in the municipality concerning persons
who have disabilities.
b. If only a portion of the project or program is being promoted to benefit people
with disabilities, then only that portion of the project or program may be
funded with these monies.
5. The parties agree to follow the terms and conclusions regarding payment as follows:
a. The percentage for distribution shall be calculated by the County annually. Each
year the County shall notifY all municipalities of the percentages of distribution of
the disabled permit parking fme money for the upcoming annual period. The
percentage for distribution to the County and to the municipalities is based on a
percentage of total revenue which is determined by calculating the total number
of fines paid county-wide. Funding estimates include a percentage of the monies
which were not distributed to any municipalities in the previous year.
2
b. The County agrees to pay the municipality under this agreement based on a
payment schedule agreed upon by the Office of ADA Coordination, accompanied
by such documentation as requested.
c. In no event shall County funds be advanced to any subcontractor hereunder.
d. The parties shall return funds to the Clerk of the Board if the project is not
successfully completed and shall allow the Office of ADA Coordination to audit
projects and conduct site visits. Any such audits or inspections shall be conducted
in such manner and at such times so as not to unreasonably interfere with the day-
to-day operation of the parties.
e. The County may amend the terms of this agreement from time to time, as it may
deem necessary.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their
respective and duly authorized officers on the date hereinabove first mentioned.
ATTEST:
MIAMI-DADE COUNTY, FLORIDA
By:
Harvey Ruvin, Clerk
Carlos Alvarez, Mayor
3
ATTEST:
CITY OF
, FLORIDA
City Clerk
(Official Seal)
By:
Eric M. Soroka
City Manager
4
(Date)
GENERAL AFFIDAVIT
State of Florida
County of
BEFORE
undersigned Notary.
[name of Notary
[day of month] day of
personally appeared
[name of affiant).
known to me to be a credible person and of lawful age. who being by me first duly
sworn, on [his or her] oath. deposes and says:
ME,
the
before whom affidavit is sworn], on this
[month],
20-,
The municipal parking fines funds reimbursed shall be used to improve
-
accessibility and equal opportunity to qualified persons who have disabilities in
the municipality and to conduct public awareness programs in the municipality
concerning persons who have disabilities.
If only a portion of the project or program is being promoted to benefit people
with disabilities, then only that portion of the project or program will be funded
with these monies.
The municipality shall return funds to the Clerk of the Board if the project is not
successfully completed and shall allow the Miami-Dade County Office of ADA
Coordination to audit projects and conduct site visits. Any such audits or
inspections shall be conducted in such manner and at such times so as not to
unreasonably interfere with the day-to-day operation of the parties.
[setforth affiant's statement offacts]
[signature of affiant]
1
[typed name of affiant)
[address of affiant, line 1]
[address of affiant, line 2)
State of Florida
County of
Sworn to (or affmned) and subscribed before me this
(year), by
statement).
day of .
(name of person making
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known
OR Produced Identification
Type of Identification Produced
2
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED
INTERLOCAL AGREEMENT BY AND BETWEEN THE
CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR
PARTICIPATION IN THE MUNICIPAL PARKING FINES
REIMBURSEMENT PROGRAM; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. The City Manager is hereby authorized to execute and otherwise
enter into the attached Interlocal Agreement by and between the City of Aventura and
Miami-Dade County for participation in the Municipal Parking Fines Reimbursement
Program.
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
to a vote, the vote was as follows:
, who moved its
, and upon being put
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 2nd day of June, 2009.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIE~:
K~
CITY ATTORNEY
SUSAN GOTTLIEB, MAYOR
..
.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
BY: Antonio F. Tomei, Capital Projects
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: May 21,2009
SUBJECT: Bid No: 09-05-05-2
West Country Club Drive & Aventura Boulevard Right Turn Lane
June 2, 2009 City Commission Meeting Agenda Item 5''' E
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 09-05-05-2, West Country Club Drive & Aventura Boulevard Right Turn Lane
Improvements to the lowest responsible and responsive bidder, KMC Corporation for
the price of $88,308.50. This project was included in the Capital Improvement Program
with a budget of $182,000 and will be funded by Budget Line Item Number 001-8050-
541-6341.
Backaround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on May 5, 2009. The City received fifteen (15) bids for this
project. The three (3) lowest bids were reviewed.
KMC Corporation
Budget Construction Co., Inc.
Williams Paving Co., Inc.
$88,308.50
$89,512.50
$99,986.55
This bid price allows for construction of a southbound right turn lane on West Country
Club Drive at Aventura Boulevard, traffic and pedestrian signal modifications, drainage
modifications, pavement markings and signage.
If you have any questions or need any additional information, please feel free to contact
me.
MEMORANDUM
CRAVEN THOMPSON AND ASSOCIATES, INC.
Date:
May 19,2009
To:
Tony Tomei, City of Aventura - Capital Projects Manager
From:
Kevin Hart, P .E., Consulting Engineer
Reference:
West Country Club Drive & A ventura Boulevard - Right Turn Lane
Bid Package Review - Bid Number 09-05-05-2
At your request, we have reviewed the bid results for the above referenced project and have
checked the references for the apparent low bidder KMC Corporation. We spoke with
representatives from National Constructors, Inc., Mike Carter Construction, and Imburgia
Construction Services. Each organization gave KMC Corporation a positive reference and
described them as a competent and good company. None of the organizations related any
problems in their dealings with KMC Corporation. KMC Corporation has performed similar
types of roadway and drainage work and is qualified to perform the work indicated in the bid
plans.
Based on my review of the bids and the results of the reference checks, I would recommend
awarding the contract for this project to KMC Corporation as the lowest responsive, responsible
bidder in the amount of $88,308.50.
If you have any questions or require any additional information, please call.
SECTION 00410
SCHEDULE OF VALUES
FOR LUMP SUM
CONTRACT
GENERAL REQUlRElVIENTS
Item Quantity
Description
Unit
Unit Price
Extended
Cost
GENERAL
GENERAL CONDITIONS LS $ (, ".so .~O $ ~ ;Z~() ..:>lJ
I
2 MOBILIZA nON LS $ '2,0 DC' ." $ '2 , oco ...0
3 MAINTENANCE OF TRAFFIC LS $ 5", cee . 00 $ ~ooo,o'"
SUB- TOTAL $ J:l 2.~ 0 ' ~ "
J
DEMOLITION
4 190 REMOVE TYPE "F" CURB AND LF $ 1.00 $ :J 80 ...."
GUTER
5 30 REMOVE ASPHALT FLUME SY $ '3."0 $ "10'U()
6 50 REMOVE CONCRETE SIDEWALK SY $ I 8 I DO $ qOO'v.:>
SUB-TOTAL $ J I 1 ?t> ' c.>o
ROADWAY IMPROVEMENTS
7 410 12" STABILIZED SUB GRADE SY $ ~,oo $ 2,. t>So .v"
8 380 8" LIMEROCK BASE SY $ q.vo $ :JILI].o ,c",
West Country Club Drive and Aventura Boulevard Right Turn Lane
City of Aventura Bid No. 09-05-05-2
CTA Project No. 01-0103.108
00410 - 4
9 355 2" ASPHALT (TYPE S-ID) SY $ 1~.7S $ ~ "'J4(., . .z5'
10 385 TYPE "F" CURB AND GUTTER WI LF $ If.DO $ (" "f:3 0 . 00
4" CURB PAD
11 27 7' CONCRElE SIDEWALK LF $ ;35' "0 $ 'ILl ~,,,t>
12 2 ADA PEDESTRIAN RAMP WI EA $ 'ISO' 00 $ ~ 00 . 00
DElECTABLEW~GS
SUB- TOTAL $ to ,cU. 2.S-
t
STORM DRAINAGE
13 TYPE M-4 MANHOLE EA $ -2.( ") 50..00 $ '2 I 75"0 ,....
14 44 15" RCP LF $ '-I7'vO $ 1. OfJ'8,t'i1
I
15 36 8' X 4' EXFll.TRATION TRENCH LF $ u> I . uo $ 3, {., :J (" .00
WI IS" SLOTlED RCP
16 CORE DRILL AND CONNECT TO EA $ I, 000. "I> $ I,()~ .1/1<>
EXISTING DRIANAGE
SJRUCTURE
17 CONVERT CATCH BASIN TO P-5 EA $ .3/ SOO . Oc) $ 3; r-tJo,t>o
DRAINAGE INLET
SUB-TOTAL $ 12 <<J S'JI . 00
;'
P A VEMENf MARKINGS
18 4 RELOCAlE EXISTING TRAFFIC EA $ 75",1:>i1 $ 300,00
SIGN
19 36 SOLID TRAFFIC STRIPE (24" LF $ .(',00 $ j-PO ,00
WIlllE) (TIIERMOPLASTIC)
20 526 SOLID TRAFFIC STRIPE (6" LF $ /,00 $ ~ 2 t ,(J..
WIlllE) (TIIERMOPLASTIC)
21 218 SOLID TRAFFIC STRIPE (8" LF $ i.~o $ ~ '2 7.00
WllllE) (TIIERMOPLASTIC)
22 50 SKIP TRAFFIC STRIPE (6'-10', 6" LF $ j. ~O $ ") S-,OO
WIlllE) (TIIERMOPLASTIC)
West Country Club Drive and A ventura Boulevard Right Turn Lane
City of Aventura Bid No. 09-05-05-2
CTA Project No. 01-0103.108
00410 - 5
23 50 SOLID TRAFFIC STRIPE (6" LF $ J ,00 $ .5"0,00
YELLOW) (THERMOPLASTIC)
24 126 SPECIAL EMPHASIS CROSSWALK LF $ 2,00 $ I( 001.00
25 9 DIRECTIONAL ARROWS EA $ 7 S;,OO $ r., 7 S'. 00
(THERMOPLASTIC)
26 31 REFLECTIVE P A YEMENI EA $ G ,00 $ J ~ f.J .00
MARKERS PERMANENT
(BI-DIRECTIONAL )
YELLOWIYELLOW
27 22 REFLECTIVE PAVEMENT EA $ Z.....:> $ J 1& .00
MARKER PERMANENT (CLASS B)
(BI -DIRECTIONAL )(CLEARlRED)
SUB-TOTAL $ 35"03.00
(
LANDSCAPING/ IRRIGATION
28 4 RELOCATE EXISTING TREE EA $ :3 00 .00 $ if 200 "H::>
29 RELOCATE EXISTING LS $ 1,000.00 $ ),000.00
IRRIGATION
30 75 IMPORT FILL FOR SODDED AREA CY $ .2. 5' . 00 $ J /l7S, 00
31 585 SOD SY $ L.j.Sc $ 2, ~ ;I 2 . !$;6
SUB- TOTAL $ (;, 707 .S'o
TRAFFIC SIGNALIZATION
32 300 DIRECTIONAL BORE (LESS THAN LF $ '-1, '-( 2- $ (", 7 (.(. .0(:1
6 INCHES)
33 SIGNAL CABLE PI $ ::1,:>5"0,00 $ 3, '3 5'"0 ,oc>
34 5 PULL BOX EA $ '} "17. S't> $ .:3. 7'> J . '5;6
;
35 5 TRAFFIC SIGNAL, 3 SECTION, 1 AS $ I, 0 7'2 ' S''' $ ~, '3 (,'Z . S' 6
WAY (HORIZONTAL) (LED)
36 TRAFFIC SIGNAL, 5 SECTION, I AS $ ! (, J 0 . 00 $ I , ~ 10.00
WAY (HORIZONTAL) (LED)
37 PEDES1RlAN SIGNAL (LED, EA $ q'LO'''o $ e:J2.0 ,DO
COUNTDOWN)
West Country Club Drive and A ventura Boulevard Right Turn Lane
City of Aventura Bid No. 09-05-05-2
CTA Project No. 01-0103.108
00410 - 6
38 SIGNAL HEAD AUXILIARIES EA $ 1,100<>0 $ 'I t 00-,00
(ALUMINUM PEDESTAL)
(MODIFICATION)
39 LOOP DETECTOR, INDUCTNE EA $ 2. <67.5'0 $ ,-~7,SO
(TYPE 9, 2 CH)
40 2 LOOP ASSEMBLY, TYPE A (6' X AS $ I, 3. S-O ,0<> $ 2. I ?l>o.QO
30')
41 1 PEDESTRIAN DETECTOR EA $ ZOf.1.~ $ Z.OJ.'1.s'"""
42 MODIFICATION OF EXISTING AS $ ~ I~OO ..,., $ "2. / '2. 00 '....
TRAFFIC CON1ROLLER
ASSEMBLY
43 5 REMOVE TRAFFIC SIGNAL HEAD EA $ S:-7 . $C> $ .2&7.5"0
ASSEMBLY
44 REMOVE PEDES1RIAN SIGNAL EA $ S"?, ~o $ S 7.S0
HEAD ASSEMBLY
45 1 REMOVE SIGNAL PEDESTAL EA $ :J LIS' 00 $ 2 If S-. D<>
46 4 STANDARD PEDES1RIAN SIGNS EA $ /I S .00 $ I{ ~ tJ ."0
(FURNISH AND INSTALL)
47 21 REFLECTIVE P A VElvlENT EA $ &J. zo $ 14t1.,o
MARKERS PERMANENT
48 2 PAVE:MENTMESSAGES [(ONLY/ EA $ 25'2, SC> $ SDS' UO
MERGE/SCHOOL/RR)
(THERMOPLASTIC)]
49 30 TIIERMOPLASTIC (WHITE) LF $ (,10 $ (, q.oo
(SOLID) (6 INCHES)
50 32 REMOVAL OF EXISTING SF $ G , t:1o $ L'l0.80
THERMOPLASTIC PAVEMENT
MARKINGS
SUB- TOTAL $ :Jof '3'32 . 7~
TOTAL VALUE OF BID $ i'S', 3o~ . so
West Country Club Drive and Aventura Boulevard Right Turn Lane
City of Aventura Bid No. 09-05-05-2
CTA Project No. 01-0103.108
00410 - 7
SIGNATURE PAGE FOR A CORPORATION
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Phone No: '1.5'1- ~('c;- ~8oo
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W est Country Club Drive and A ventura Boulevard Right Turn Lane
City of Aventura Bid No. 09-05-05-2
eTA Project No. 01-0103.108
00410 - 10
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(President)
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 09-05-05-2, WEST COUNTRY CLUB DRIVE AND
AVENTURA BOULEVARD RIGHT TURN LANE IMPROVEMENTS, TO
KMC CORPORATION AT THE BID PRICE OF $88,308.50;
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has, pursuant to the various laws of the State of
Florida and the Code of the City of Aventura, properly solicited and accordingly
accepted bids for BID NO. 09-05-05-2, West Country Club Drive and Aventura
Boulevard Right Turn Lane Improvements; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the projectlwork as cited above; and
WHEREAS, staff has determined that KMC Corporation has submitted the
lowest responsible and responsive bid for said projectlwork; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Resolution No. 2009-_
Page 2
Section 1: That bid/contract for BID NO. 09-05-05-2, West Country Club Drive
and Aventura Boulevard Right Turn lane Improvements, is hereby awarded to KMC
Corporation in the amount of $88,308.50.
Section 2: That the City Manager is hereby authorized to execute, on behalf of
the City, a contract by and between the parties embodying the terms, conditions, and
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from Budget
line Item Number 001-8050-541-6341.
Section 5: This Resolution shall be 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 Stem
Commissioner luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-
Page 3
PASSED AND ADOPTED this 2nd day of June, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROV~D AS 10 LEGAL SUFFICIENCY:
~~~
CITY ATTORNEY
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission /' r-I
FROM: Eric M. Soroka, ICMA-CM, City Ma~r
BY: +an K. Raducci, Finance Director
DATE: May 22,2009
SUBJECT: Adoption of Chapter 6.6 of the Administrative Policy Directives and
Procedures Manual, entitled "Investment Objectives and Parameters" as
the City's Investment Policy for the Management of Public Funds.
June 2, 2009 City Commission Meeting Agenda Item SF
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution adopting
Chapter 6.6 of the Administrative Policy Directives and Procedures Manual, entitled
"Investment Objectives and Parameters" as the City's Investment Policy for the
Management of Public Funds.
BACKGROUND
As was discussed at the May 14th Commission Workshop, the City has recently
engaged the services of a Professional Investment Manager ("MBIA") to manage the
City's Public Funds Investment Portfolio.
In these very difficult economic times it is imperative that our investments be properly
managed and diversified to ensure:
1. Safety of Capital
2. Liquidity of Funds
3. Investment Income
Until recently, the City had historically invested their excess funds in the Florida State
Board of Administration ("SBA") a Local Government Surplus Funds Trust Fund
Investment Pool. Due to the recent issues experienced by the SBA and elsewhere in
the financial sector, the City is looking to diversify its funds in a prudent manner that
better insulates the City against adverse market conditions.
1
In accordance with Section 218.415, F .S. the City must invest its surplus funds
consistent with a written investment plan adopted by the governing body (the City
Commission).
The purpose of this policy is to set forth the investment objectives and parameters for
the management of public funds of the City. These policies are designed to ensure the
prudent management of public funds, the availability of operating and capital funds
when needed and a competitive investment return.
This investment policy applies to the investment of public funds in excess of amounts
needed to meet current expenses, which includes cash and investment balances of City
funds. This policy does not apply to the City's pension funds, including those funds in
chapters 175 and 185 or funds related to the issuance of debt where there are other
existing policies or indentures in effect which govern the investment of such funds.
Please note that this policy has been drafted from similar policies that are currently
utilized by local municipalities and has been reviewed by both the City Attorney and
MBIA to ensure that it complies with all applicable F.S. guidelines.
If you should have any questions related to this memorandum, please feel free to
contact the City Manager.
BKR/bkr
2
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA ADOPTING CHAPTER 6.6
OF THE ADMINISTRATIVE POLICY DIRECTIVES AND
PROCEDURES MANUAL, AS ATTACHED HERETO,
ENTITLED "INVESTMENT OBJECTIVES AND
PARAMETERS" AS THE CITY'S INVESTMENT POLICY
FOR THE MANAGEMENT OF PUBLIC FUNDS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. The City Commission hereby adopts Chapter 6.6 of the
Administrative Policy Directives and Procedures Manual, as attached hereto, entitled
"Investment Objectives and Parameters" as the City's Investment Policy for the
management of public funds.
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 , 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 Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 2nd day of June, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA 6 6 1
ADMINISTRATIVE POLICY DIRECTIVES Chapter # Sub Page
AND PROCEDURES MANUAL
Date May 22,
Issued: ~ 2009 I
CHAPTER: FINANCE, BUDGET & PURCHASING APPROVED: o ~ L
City Man~;r
V
SUBJECT: INVESTMENT OBJECTIVES AND PARAMETERS
PURPOSE
The purpose of this policy is to set forth the investment objectives and parameters for the management of public
funds of the City. These policies are designed to ensure the prudent management of public funds, the availability
of operating and capital funds when needed and a competitive investment return.
I. SCOPE
This investment policy applies to the investment of public funds in excess of amounts needed to meet
current expenses, which includes cash and investment balances of City funds.
This policy does not apply to the City's pension funds, including those funds in chapters 175 and 185 or
funds related to the issuance of debt where there are other existing policies or indentures in effect which
govern the investment of such funds.
This policy shall be construed and applied so as to comply with Section 218.415, F.S.
II. INVESTMENT OBJECTIVES
Investment objectives include safety of capital, liquidity of funds and investment income, in that order.
The following objectives will be applied in the management of the City's funds:
A. Safety of Capital
The primary objective of the City's investment program is the protection of public funds.
Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the
overall portfolio. The objective will be to mitigate credit risk and interest rate risk.
1. Credit Risk - The City will minimize credit risk, the risk of loss due to the failure of the security
issuer or backer, by:
a) Limiting investments to the safest type of securities;
b) Pre-qualifying the financial institution, broker/dealer, intermediaries and advisors with which
the City will do business;
c) Diversifying the investment portfolio so that potential losses on individual securities will be
minimized.
2. Interest Rate Risk - The City will minimize the risk that the market value of securities in the
portfolio will fall due to changes in general interest rates, by:
APDP 6.6.2
a) Structuring the investment portfolio so that securities mature to meet cash requirements for
ongoing operations, thereby avoiding the need to sell securities on the open market prior to
maturity;
b) Investing operating funds primarily in shorter-term securities, money market mutual funds or
similar investment pools.
B. Liquidity of Funds
The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll
and capital requirements. To the extent possible, an attempt will be made to match investment
maturities with known cash needs and anticipated cash flow requirements. Since all possible cash
demands cannot be anticipated, the portfolio should consist largely of securities with active
secondary or resale markets. A portion of the portfolio also may be placed in money market mutual
funds or local government investment pools which offer same-day liquidity for short-term funds.
C. Investment Income
The City's investment portfolio shall be designed with the intent of attaining a market rate of return
throughout the budgetary and economic cycles, taking into account the City's investment risk
constraints and liquidity needs. Return on investment is of secondary importance compared to the
safety and liquidity objectives described above.
III. PERFORMANCE MEASUREMENT
The investment portfolio will be managed in accordance with the parameters specified within this policy.
The portfolio should obtain a market average rate of return during a market/economic environment of
stable interest rates while insuring sufficient liquidity within the portfolio.
The short-term investment portfolio shall be designed with the annual objective of exceeding the return of
the Florida State Board of Administration LGIP.
The long-term investment portfolio shall be designed with the annual objective of exceeding the return of
the Merrill Lynch 1-3 Year Treasury/Agency Index compared to the portfolio's total rate of return. The
Merrill Lynch 1-3 Year Treasury/Agency Index represents all U.S. Treasury/Agency securities maturing
over one (1) year, but less than three (3) years. This maturity range is an appropriate benchmark based
on the objectives of the City.
IV. ETHICAL STANDARDS
The investment officer and staff, acting in accordance with the written procedures and exercising due
diligence, shall not be held personally responsible for a specific security's credit risk or market price
changes, provided that these deviations are reported immediately and that appropriate action is taken to
control adverse developments.
A. Ethics and Conflicts of Interest
The City's staff involved in the investment process shall refrain from personal business activity that
could conflict with the proper execution and management of the investment program, or that could
impair their ability to make impartial decisions. All employees involved in the investment process shall
disclose to the City any material financial interests in financial institutions that conduct business with
APDP 6.6.3
the City, and they shall further disclose any material personal financial/investment positions that could
be related to the performance of the City's investment program. Applicable ethics standards provided
by the City Charter, City Code, Section 2-11.1 of the Miami-Dade County Code, and Part III of
Chapter 112, F.S., shall be complied with.
B. Investments should be made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the management of their own affairs, not
for speculation, but for investment, considering the probable safety of their capital as well as the
probable income to be derived from the investment.
C. Designation of Investment Officer
The Finance Director is designated as investment officer of the City and is responsible for investment
decisions and the day-to-day administration of the cash management program. No person may
engage in an investment transaction except as provided under the terms of this policy and the
procedures so established. The City may appoint an outside investment manager as "Agent" for the
City's cash reserves. The "Agent" for the City shall have discretion over the purchase and sale of
securities within and subject to compliance with this investment policy. Such investment manager
must be registered under the Investment Advisor Act of 1940. The Finance Director shall consult with
the City Manager as necessary regarding the City's investment activity.
Positions authorized as investment signatories are the City Manager and Finance Director.
V. LISTING OF AUTHORIZED INVESTMENTS - (SUMMARY TABLE IN APPENDIX A)
The following investments will be permitted by this policy as consistent with Section 218.415 (16) F.S.
Those investments not listed in this section are prohibited.
A. United States Government Securities
Negotiable direct obligations or obligations the principal and interest of which are unconditionally
guaranteed by the United States Government. Such securities will include, but not be limited to the
following:
~ Treasury Bills
~ Treasury Notes
~ Treasury Bonds
~ Treasury Strips
~ Treasury Securities - State and Local Government Series ("SLGS")
~ Treasury Inflation Protection Securities ("TIPS")
Portfolio ComDosition
A maximum of 100% of available funds may be invested in the United States Government Securities
with the exception of Treasury Strips which are limited to 10% of available funds.
Maturitv Limitations
The maximum length to maturity of any direct investment in the United States Government Securities
is seven (7) years from the date of purchase.
B. United States Government Agencies
Bonds, debentures or notes which may be subject to call, issued or guaranteed as to principal and
APDP 6.6.4
interest by the United States Governments agencies, provided such obligations are backed by the full
faith and credit of the United States Government. Such securities will include, but not be limited to the
following:
~ United States Export - Import Bank
- Direct obligations or fully guaranteed certificates of beneficial ownership
~ Farmer Home Administration
- Certificates of beneficial ownership
~ Federal Financing Bank
- Discount notes, notes and bonds
~ Federal Housing Administration Debentures
~ FDIC guaranteed notes ("TLGP" bonds)
~ Government National Mortgage Association ("GNMA")
- GNMA guaranteed mortgage-backed bonds
- GNMA guaranteed pass-through obligations
~ General Services Administration
~ New Communities Debentures
- United States Government guaranteed debentures
~ United States Public Housing Notes and Bonds
- United States Government guaranteed public housing notes and bonds
~ United States Department of Housing and Urban Development
- Project notes and local authority bonds
Portfolio Composition
A maximum of 50% of available funds may be invested in United States Government agencies.
Limits on Individual Issuers
A maximum of 10% of available funds may be invested in individual United States Government
agencies.
Maturity Limitations
The maximum length to maturity for an investment in any United States Government agency security
is five (5) years from the date of purchase.
C. United States Government Sponsored Agencies
Bonds, debentures or notes which may be subject to call, issued or guaranteed as to principal and
interest by United States Government sponsored agencies which are non-full faith and credit
agencies limited to the following:
~ Federal Farm Credit Bank ("FFCB")
~ Federal Home Loan Bank or its City Banks ("FHLB")
~ Federal National Mortgage Association ("FNMA")
~ Federal Home Loan Mortgage Corporation ("Freddie-Macs") including Federal-Home Loan
Mortgage Corporation participation certificates
Portfolio Composition
A maximum of 80% of available funds may be invested in Federal Instrumentalities.
APDP 6.6.5
Limits on Individual Issuers
A maximum of 25% of available funds may be invested in anyone (1) issuer.
Maturitv Limitations
The maximum length to maturity for an investment in any Federal Instrumentality security under this
Section (C) is seven (7) years from the date of purchase. Mortgage backed securities will have
average duration not greater than five (5) years.
D. Interest Bearing Time Deposit or Savings Account
Non-negotiable interest bearing time certificates of deposit or savings accounts in banks organized
under the laws of Florida or the United States provided that such deposits are secured by collateral as
prescribed by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes.
Portfolio Composition
A maximum of 10% of available funds may be invested in non-negotiable interest bearing time
certificates of deposit.
Limits on Individual Issuers
A maximum of 10% of available funds may be deposited with anyone (1) issuer.
Limits on Maturities
The maximum maturity on any certificate shall be no greater than one (1) year from the date of
purchase.
E. Repurchase Agreements
1. Invest in repurchase agreements composed of only those investments based on the requirements
set forth by the City's Master Repurchase Agreement. A third party custodian with whom the City
has a current custodial agreement shall hold the collateral for all repurchase agreements with a
term longer than one (1) business day. A clearly marked receipt that shows evidence of
ownership must be supplied to the Finance Director or designee and retained. All firms are
required to sign the Master Repurchase Agreement prior to the execution of a repurchase
agreement transaction.
2. Collateralized by full faith or general faith and credit obligations of the United States Government
or United States Government Agency securities. Securities authorized for collateral must have
maturities under five (5) years and with market value for the principal and accrued interest of 102
percent of the value and for the term of the repurchase agreement. Immaterial short-term
deviations from 102 percent requirement are permissible only upon the written approval of the
Finance Director or designee and/or the City's Investment Manager.
Portfolio Composition
A maximum of 20% of available funds may be invested in repurchase agreements excluding one (1)-
business day agreements and overnight sweep agreements.
Limits on Individual Issuers
A maximum of 5% of available funds may be invested with anyone (1) institution excluding one (1)-
business day agreements and overnight sweep agreements.
Limits on Maturities
The maximum length to maturity of any repurchase agreement is 90 days from the date of purchase.
APDP 6.6.6
F. The Florida Local Government Surplus Funds Trust Fund
(State Board of Administration - SBA)
Portfolio Com position
A maximum of 50% of available funds may be invested in the SBA.
G. Intergovernmental Investment Pools
Investment Authorization
Intergovernmental investment pools that are authorized pursuant to the Florida Interlocal
Cooperation Act, as provided in Section 163.01, Florida Statutes and provided that said funds
contain no derivatives.
Portfolio Com position
A maximum of 25% of available funds may be invested in intergovernmental investment pools.
Due Diliaence Reauirements
A thorough review of any investment pool/fund is required prior to investing, and on a continual
basis. There shall be a questionnaire developed by the Finance Director or designee and/or the
City's Investment Manager that will contain a list of questions that covers the major aspects of any
investment pool/fund.
H. Registered Investment Companies (Money Market Mutual Funds)
Registered with the Securities and Exchange Commission with the highest credit quality rating from a
nationally recognized rating agency; portfolio is limited to direct obligations of the United States
Government or any agency or instrumentality thereof.
Portfolio Composition
A maximum of 35% of available funds may be invested in money market funds.
Limits of Individual Issuers
A maximum of 15% of available funds may be invested with anyone (1) money market fund.
Ratina Reauirements
The money market funds shall be rated "AAAm" or "AAAm-G" or better by Standard & Poor's, or the
equivalent by another rating agency.
Due Diliaence Reauirements
A thorough review of any money market fund is required prior to investing, and on a continual basis.
There shall be a questionnaire developed by the Finance Director or designee and/or the City's
Investment Advisor/s that will contain a list of questions that covers the major aspects of any money
market fund.
VI. PROHIBITIONS
The purchase of derivative instruments as defined by the Government Account Standards Board
("GASB") or any investment instrument which is structured to derive a rate of return from an investment
source other than the originally purchased investment is strictly prohibited.
APDP 6.6.7
VII. INVESTMENT PARAMETERS
A. Maturity and Liquidity Requirements
To the extent possible, the City shall attempt to match its investments with anticipated cash flow
requirements. Unless matched with a specific cash flow, the City will not directly invest in securities
maturing more than seven (7) years from the date of purchase. Average life will be used as the
maturity for mortgage-backed securities and the intergovernmental pool investments.
Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the
portfolio should be continuously invested in readily available funds such as Local Government
Investment Pools, or money market funds to ensure that appropriate liquidity is maintained to meet
ongoing obligations.
VIII. SAFEKEEPING AND CUSTODY
A. Authorized Investment Institutions and Dealers
The City shall only purchase investments from the State Board of Administration, Florida Municipal
Investment Trust, financial institutions which are qualified as public depositories by the Treasurer of
the State of Florida, primary security dealers (or their agents) as designated by the Federal Reserve
Bank of New York, or by secondary securities dealers (or their agents) who act as investment banking
arms of local qualified banking institutions.
All financial institutions and broker/dealers who desire to provide investment services must supply the
following as appropriate and as requested:
1. Annual audited financial statements;
2. Public depository certification;
3. Proof of National Association of Securities Dealer ("NAson) Certification;
4. Certification of having read the City's investment policy;
5. Credit rating provided by a nationally recognized monitoring agency.
B. Delivery vs. Payment
All trades where applicable will be executed by delivery versus payment ("DVpn) to ensure that
securities are deposited in an eligible financial institution prior to the release of funds. Securities
will be held by a third-party custodian as evidenced by safekeeping receipts.
c. Master Repurchase Agreement
The investment policy shall require all approved institutions and dealers transacting repurchase
agreements to execute and perform as stated in the Master Repurchase Agreement. All
repurchase agreement transactions shall adhere to the requirements of the Master Repurchase
Agreement.
D. Bid Requirements
Investments will be chosen based on liquidity needs and market conditions. The investments will
be competitively bid when feasible and appropriate. Except as required by law, the bid deemed to
best meet the investment objectives must be selected.
APDP 6.6.8
E. Internal Controls
The Finance Director is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that the cost of a control should not exceed the
benefits likely to be derived and the valuation of costs and benefits requires estimates and
judgments by management.
Accordingly, the Finance Director shall establish a process for an annual independent review as
part of the annual financial audit to assure compliance with the policies and procedures. The
internal controls shall address the following points:
1. Control of collusion - Collusion is a situation where two (2) or more employees are working in
conjunction to defraud their employer.
2. Separation of transaction authority from accounting and record keeping - By separating the
person who authorizes or performs the transaction from the people who record or otherwise
account for the transaction, a separation of duties is achieved.
3. Custodial safekeeping - All securities, with the exception of certificates of deposit, shall be held
with a third-party custodian; and all securities purchased by, and all collateral obtained by the City
should be properly designated as an asset of the City. The securities must be held in an account
separate and apart from the assets of the financial institution. No withdrawal of such securities, in
whole or in part, shall be made from safekeeping except by the Finance Director as authorized
herein, or by their respective designee.
4. Certificates of Deposit issued by a local bank or savings and loan association may be held in
safekeeping at that institution. The institution shall issue a copy of the certificate of deposit, a
safekeeping receipt, or some other confirmation of the purchase that is satisfactory to the Finance
Director. This will be kept on file in the Finance Department and will indicate the amount, interest
rate, issue date and maturity date of the certificate of deposit.
5. Avoidance of physical delivery securities - Book entry securities are much easier to transfer and
account for since actual delivery is never taken. Physical delivery securities must be properly
safeguarded against loss or destruction. The potential for fraud and loss increases with physically
delivered securities.
6. Clear delegation of authority to subordinate staff members - Subordinate staff members must
have a clear understanding of their authority and responsibilities to avoid improper actions.
7. Written confirmation of telephone transactions for investments and wire transactions - Due to the
potential for error and improprieties arising from telephone transactions, all telephone transactions
should be supported by written communications and approved by appropriate personnel unless an
agreement is executed with a financial institution as discussed in paragraph B.8 below.
8. Development of a wire transfer agreement with a bank or third-party custodian - This agreement
should outline the various controls and security provisions for making and receiving wire transfers.
IX. CONTINUING EDUCATION
The Finance Director and Controller shall annually complete eight (8) hours of continuing education in
subjects or courses of study related to investment practices and products.
APDP 6.6.9
X. REPORTING
The Finance Director shall provide a quarterly investment report to the City Manager. The report shall list
investments by fund and type and include the book value, income earned and market value as of the
report date.
XI. SECURITIES: DISPOSITION
A. Every security purchased under this section on behalf of the governing body of the City must be
properly earmarked and:
1. If registered with the issuer or its agents, must be immediately placed for safekeeping in a location
that protects the governing body's interest in the security;
2. If in book entry form, must be held for the credit of the governing body by a depository chartered
by the Federal Government, the state, or any other state or territory of the United States which
has a branch or principal place of business in this state as defined in s. 658.12, or by a national
association organized and existing under the laws of the United States which is authorized to
accept and execute trusts and which is doing business in this state, and must be kept by the
depository in an account separate and apart from the assets of the financial institution; or
3. If physically issued to the holder but not registered with the issuer or its agents, must be
immediately placed for safekeeping in a secured vault.
B. The City may also receive bank trust receipts in return for investment of surplus funds in securities.
Any trust receipts received must enumerate the various securities held, together with the specific
number of each security held. The actual securities on which the trust receipts are issued may be
held by any bank depository chartered by the Federal Government, this state, or any other state or
territory of the United States which has a branch or principal place of business in this state as defined
in s. 658.12, or by a national association organized and existing under the laws of the United States
which is authorized to accept and execute trusts and which is doing business in this state.
XII. SALE OF SECURITIES
When the invested funds are needed in whole or in part for the purposes originally intended or for more
optimal investments, the City may sell such investments at the then-prevailing market price and place the
proceeds into the proper account or fund of City.
XIII. PREEXISTING CONTRACT
Any public funds subject to a contract or agreement existing on
invested contrary to such contract or agreement.
, 2009, may not be
XIV. AUDITS
Certified public accountants conducting audits of the City pursuant to s. 218.39 shall report, as part of the
audit, whether or not the City has complied with section 218.415 , F.S., and this Investment Policy.
APDP 6.6.10
xv. AUTHORIZED DEPOSITS
In addition to the investments authorized for the City in subsection (VIII), as authorized by paragraph (23)
of Section 218.415, F.S., the City may deposit any portion of surplus public funds in its control or
possession in accordance with the following conditions:
A. The funds are initially deposited in a qualified public depository, as defined in s. 280.02, selected by
the City.
B. The selected depository arranges for the deposit of the funds in certificates of deposit in one (1) or
more federally insured banks or savings and loan associations, wherever located, for the account of
the City.
C. The full amount of principal and accrued interest of each such certificate of deposit is insured by the
Federal Deposit Insurance Corporation.
D. The selected depository acts as custodian for the City with respect to such certificates of deposit
issued for its account.
E. At the same time the City's funds are deposited and the certificates of deposit are issued, the selected
depository receives an amount of deposits from customers of other federally insured financial
institutions, wherever located, equal to or greater than the amount of the funds initially invested by the
City through the selected depository.
XVI. PROHIBITED INVESTMENTS
The City is prohibited from investing in any company that engages in business with the countries of Iran
and Sudan. The City Manager may promulgate specific requirements for the implementation of this
provision based upon criteria applied by the Local Government Surplus Funds Trust Fund for such
purpose.
XVII. INVESTMENT POLICY REVIEW
The Finance Director shall review this Investment Policy on an annual basis. Any recommended changes
to this policy must be approved by the City Manager and subsequently by the City Commission.
However, upon the initial approval of this Investment Policy by resolution of the City Commission, this
Investment Policy shall be amended by the City Manager without the necessity of further action by the
City Commission, to the extent that said amendments are necessary for conformance with any
amendments made to Section 218. 415, F.S.
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CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
irector
FROM:
Eric M. Soroka, IC
City Manager
BY:
Joanne Carr, AICP
Community Develo
DATE: May 22,2009
SUBJECT: Request of Colonial Bank for Appeal of Administrative Determination
relating to occupancy of unit at 3560 NE 191 Street (Mystic Pointe Drive)
City of Aventura (01-APP-09)
June 2, 2009 City Commission Meeting Agenda Item
10
RECOMMENDATION
It is recommended that the City Commission confirm, by resolution, staff's interpretation
that
(i) the non-conforming commercial use of the unit located at 3560 NE 191
Street, City of Aventura, has been discontinued or abandoned, whether
intentionally or not, for a period of 90 or more consecutive days; and,
(ii) pursuant to Section 31-273 of the City's Land Development Regulations,
such use may not be renewed or re-established and any subsequent use of
the structure shall conform to the RMF4 zoning district regulations.
and that the appeal be denied.
THE REQUEST
The applicant, Colonial Bank, is requesting an appeal of administrative decision under
Section 31-83(a) of the City's Land Development Regulations to allow continued
commercial use of a unit in Mystic Pointe. (See Exhibit #1 for Letter of Intent)
BACKGROUND
Owner of Property
Applicant
Address of Property
Legal Description
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:
Colonial Bank (Jefferson National Bank of Sunny
Isles)
Colonial Bank represented by Bercow & Radell
3560 NE 191 Street, City of Aventura
(See Exhibit #2 for Location Map and Exhibit #3 for
Aerial Photograph)
a portion of Tract B, according to the plat of Mystic
Pointe at Aventura, Plat Book 133, Page 1
RMF4, Multifamily High Density Residential District
RMF4, Multifamily High Density Residential District
RMF4, Multifamily High Density Residential District
RMF4, Multifamily High Density Residential District
RMF4, Multifamily High Density Residential District
Vacant Unit
Residential & Non-Conforming Commercial
Residential & Non-Conforming Commercial
Residential
Residential
Future Land Use - According to the City of Aventura Comprehensive Plan, the
following properties are designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
HISTORY
Medium-High Density Residential
Medium-High Density Residential
Medium High Density Residential
Medium-High Density Residential
Medium-High Density Residential
The Mystic Pointe development was approved by Miami-Dade County in December of
1987. As part of the development, there are thirteen one-story units along the entrance
road that were constructed and used for commercial purposes. The County zoning on
the parcel was BU-2, Special Business District. In July of 1999, the City Commission
adopted its Official Zoning Map as part of the Land Development Regulations. The
entire Mystic Pointe development, including these thirteen units, were zoned RMF4,
Multifamily High Density Residential District. Since the commercial use of the units was
established prior to the enactment of the City Code, the commercial use of these units
2
is permitted to continue if the conditions of Article XII. NonconforminQ Uses and
Structures are met.
Section 31-271 of the City Code describes the purpose and scope of the
nonconforming uses and structures regulations. That purpose and scope is ....
"to regulate and limit the development and continued existence of ues, structures and
lawful lots established prior to the effective date of these LORs which do not conform to
the requirements of these LORs. Many non-conformities may continue, but the
provisions of this chapter are designed to curtail substantial investment in
nonconformities and to bring about their eventual improvement or elimination in order to
preserve the integrity of these regulations and the character of the City. Any
nonconforming use, structure or lot which lawfully existed as of the effective date of
these LORs and which remains nonconforming and any use, structure or lot which has
become nonconforming as a result of the adoption of these LORs may be continued or
maintained only in accordance with the terms of this chapter."
Section 31-273 of the City Code provides that if a nonconforming use or structure is
discontinued or abandoned, whether intentionally or not for a period of 90 consecutive
days, that use or structure cannot be renewed or re-established and any subsequent
use of the lot or structure must conform to the zoning district in which it is located.
Staff Determinationllnterpretation of City Code
The unit subject of this report was used as a bank and was listed for sale in November
of 2007. In December of 2007, banking services at this unit were discontinued. Staff
was contacted in June of 2008 by the attorney for a prospective purchaser. After
making inquiries as to existing status, staff advised the attorney that, in staff's opinion,
discontinuation of the banking services for more than 90 consecutive days had resulted
in discontinuance and abandonment and in accordance with Section 31-273,
subsequent use of the unit must comply with the RMF4 district requirements.
The owner of the unit then retained its own legal counsel, who has provided the affidavit
attached to his Letter of Intent (see Exhibit #1). Staff has reviewed this affidavit in
consultation with the City Attorney and has determined that the use has been
discontinued and abandoned. Staff's letter of determination dated March 30, 2009 is
attached as Exhibit #4.
The Appeal Process
Section 31-83(a) of the City's Land Development Regulations (the LDRs) provides for
appeals from the decisions of decision-making and administrative bodies having
development approval authority under the LOR or from any written order, requirement,
decision, determination or interpretation made by an administrative official in the
enforcement of the LDRs. Any applicant wishing to appeal any such order,
requirement, decision, determination or interpretation shall file an application and notice
of appeal with the City Manager within 15 days of the date of such determination. The
3
City Manager schedules the application for public hearing and submits the application
along with staff's report and recommendation to the City Commission. At the public
hearing, the City Commission shall review the application and report, consider evidence
and testimony presented at the hearing and issue a written decision and order either
granting the relief sought, with or without conditions, or denying the appeal.
Staff's determination was issued by letter dated March 30, 2009. The appeal from the
applicant was received on April 14, 2009, within 15 days from the date of the staff
determination.
Public Notice
Section 31-71 (e) of the City's Land Development Regulations contains the provisions
for public hearing and notice procedures. This section requires that all public hearing
and notice requirements be provided in accordance with the provisions of Florida
Statutes Section 163.3184(15) for a change to the adopted Future Land Use Map and
in accordance with Florida Statutes Section 166.041 for adoption of ordinances and
resolutions and the City's quasi-judicial legislation. The Florida Statutes sections
regulate the size, number and timing of published notice.
The City Code section provides as follows:
. Notice of the time and place of the public hearing describing the nature of the
application and street address of the property is to be published in a newspaper
of general circulation in the City not less than ten (10) days prior to the public
hearing.
. A courtesy notice containing substantially the same information in the published
notice may be mailed to property owners of record located within a radius of 300
feet of the property described in the application or such greater distance as the
City Manager may prescribe; however, failure to mail or receive such courtesy
notice shall not affect action or proceedings taken under this section.
. The property is to be posted no later than ten (10) days prior to the hearing in a
manner conspicuous to the public by a sign or signs containing information
concerning the application including the applied for zoning action and time and
place of the hearing.
. All costs of advertising, mailing and posting is to be paid by the applicant.
For this application for appeal of administrative determination, the following public
notice was made:
. An advertisement was placed in the Daily Business Review newspaper on May
19, 2009.
4
. Courtesy notice was mailed to 798 property owners within a 300 foot radius of
the unit on May 22, 2009. The applicant submitted a notarized list of property
owners, a radius map showing all properties within 300 feet and mailing labels.
. A property posting sign was erected at the unit on May 20, 2009.
The newspaper advertisement, property posting sign and courtesy mailing notice
satisfies the procedures for public notice in Section 31-71(e) of the City Code. The
applicant has paid to the City a deposit of $1,000 to cover the cost of these public
notices.
5
~
BERCOW RADELL &. FERNANDEZ
ZONING. LAND USE AND ENVIRONMENTAL LAVV
DIRECT LINE: (305) 377-6238
E-Mail: MMarrero(cD.BRZoninqLaw.com
VIA HAND DELIVERY
April 13, 2009
Exhibit 1
01-APP-09
Mr. Eric Soroka, City Manager
City of A ventura
19200 West Country Club Drive, 5th Floor
A ventura, Florida 33180
Re: Request for Appeal of Administrative Decision
Colonial Bank, 3560 NE 191 Street, A ventura, Florida
Dear Mr. Soroka:
This law firm represents Colonial Bank (the "Owner") with regard to its
Mystic Pointe branch at 3560 NE 191 Street (the "Property"). On March 30,2009,
we received an administrative decision from Joanne Carr, Community
Development Director, advising that staff had made a determination that the use
of the above-referenced property has been discontinued or abandoned for a
period of 90 consecutive days. This letter shall serve as our request to appeal
that March 30, 2009 decision, as provided for in Section 31-83 of the City's Land
Development Regulations,
As further detailed in the attached Owner's Affidavit, the Property was
used by Colonial Bank for solely commercial purposes throughout 2007 and
2008. At no point, was there any action taken by the Owner that would indicate
that it abandoned the nonconforming use. As evidenced in the Owner's
Affidavit, fees and costs were incurred by the Owner in connection with the
commercial use, including the maintenance of the property to commercial
standards. Banking activities were also ongoing, although to a limited intensity,
Furthermore, the Property was being marketed and advertised for sale as a
commercial use. The decrease in intensit? of the banking activities was primarily
the result of the Owner's attempt to sell the Property, which is not prohibited
when maintaining a nonconforming use. Finally, based on the location of the
Property and its relation to the surrounding uses, a commercial use is the
appropriate use for this Property,
WACHOVlA ANANCIAL CENTER. 200 SOUTH BISCAYNE BOULEVARD, SUITE 850. MIAMI, FLO?lIDA 33131
PHONE. 305.374.5300 . FAX. 305.377.6222
Ms. Joanne Carr
April 13, 2009
Page 2 of 2
We request to be placed on the next available City Commission agenda.
Should you have any additional questions or concerns, please do not
hesitate to contact me.
Sincerely,
.~~
Michael J. Marrero
MJMI bl
Enclosure
BERcaw RADELL & FERNANDEZ
ZONING. LAND USE AND ENVIRONI\IIENTAL LAVV
OWNER'S AFFIDAVIT
BEFORE ME, the undersigned authority personally appeared, Julio Zaldivar, the
undersigned person (hereinafter referred to as "Affiant"), who, after being first duly
sworn and depose says:
1. I am the Vice-President of Corporate Real Estate for Colonial Bank, .which is a bank
chartered in the State of Alabama since 1981 (the "Owner") and is the owner of that
certain parcel of property located at 3560 N.E. 191 Street, Aventura, Florida (the
"Property"). According to Colonial Bank records, the Owner acquired the Property on
November 1992 when it acquired the assets of Jefferson National Bank of Sunny Isles.
At the time, Owner acquired title to the Property, the property was legally permitted to be
used and was in fact used as a bank, which was and remains a commercial use.
2. The Owner is a financial institution that customarily engages in the provision of
banking services. Banking services includes the use and storage safety deposit boxes,
electronic banking machinery, vault equipment, furnishings and office incidentals, and
other items incidental and necessary to conduct commercial banking services.
3. The Property has been used for commercial banking services since November 1992.
Although the Property was listed for sale since November 2007, during this time the
Property continued to be used for commercial banking services. More specifically, the
propelty was used for the storage of safety deposit boxes, electronic banking machinery,
vault equipment, furnishings and office incidentals, and other items incidental and
necessary to conduct present and future commercial banking services. The Owner
directed its agents and employees to continue to use of the Property while it was on the
market, although providing less than full banking services, in order to reduce operating
expenses view of a possible sale, and for this reason all banking service items were not
removed from the Property while it was listed for sale since the Owner intended the
property to remain in use as a commercial bank while the Property was listed for sale.
4. Since the Owner's acquisition of the Property in November 1992, the Property has not
been used for any non-commercial purpose, nor has the Owner had any intention of
abandoning or otherwise discontinuing its commercial uses- in favor of any non-
commercial uses.
5. The Owner has continuously, and specifically 2005 through 2008, paid ad valorem
taxes on the Property as a commercial office building use ($4,492.60, $4,691.34,
$4,224.32 and $4287.63 respectively) and has never applied to have the property
reclassified based on a change in use. (See attached Exhibit A)
6. The Owner has never requested that the Mystic Pointe Master Association (the
"Association") change the classification of the Property from a "Commercial. Pod", (Sec
attached Exhibit B) to a different type of use, Pursuant to a letter dated September 23,
2008 and regarding "Painting of the individual Commercial Pods," the Owner is asked to
U:Nancy/Owner's Affidavit
paintthe Property, replace any rotting wood around the roof, secure all gutters and clean
shutters of its commercial property.
7. The Owner timely complied with the Association's request described in Paragraph 6,
pursuant to proposal from a commercial vendor because of the type of use of the
building. (See Commercial Interior Contractors, proposal dated October 1, 2008 for a
total cost of $3,762.00. See attached Exhibit C)
8. The Property held an active Miami-Dade County Fire Rescue DepartmentAnnual
Operating Permit as a commercial, or "LSP-Business" use. The Annual Operating Permit
did not expire until September 3, 2008 and was thereafter renewed as a commercial use.
(See Miami-Dade County Fire Rescue Permit No. 071260000004704.)
9. The Property has at all times remained on the Owner's maintenance schedule for all of
its South Florida properties in commercial use. (See attached Exhibit D, commercial
maintenance schedules and items covered under maintenance contract)
10. The Owner has continuously maintained current and running utilities, including water
and power to the Property for commercial use.
11. All signage on the Property states "Colonial Bank", indicative of a commercial
banking operation.
12. When the Owner placed the Property on the market on November 20, 2007, it
continuously represented to buyers that the Property could be sold as a commercial pod to
be used exclusively for commercial purposes. (See attached Exhibit E)
13. The Propelty is one (1) of six (6) operating commercial pods that are linked together
at the site. The others include a market, a CP Alaccounting office, and a real estate office.
[SIGNA TURE PAGE TO FOLLOW]
U:Nancy/Owner's Affidavit
Dated as of the l \
Florida
day of Dec,e.YY\ 'ot:r
, in Miami-Dade County,
BY:~
Julio Zaldivar
Vice-President - Corporate Real Estate
Colonial Bank
~
Print Name: Hicl1rJ..f1 Harrfn
1f(4$$~
Print Name: ;#4~) A01S'der-
.
STATE OF FLORIDA
)
)
)
COUNTY OF MIAMI-DADE
\ \ The foregoing instrument was sworn to. subscribed and acknowledged before me
this _ day ofttUf'Y\~2008 by Julio Zaldivar as Vice-President Corporate Real
Estate of Colonial Bank, who executed the foregoing docwnent on behalf of the bank.
He personally appeared before me, is personally know to me or produced
as identification.
~
Notary:
Print Name,
Notary Public, State of Florida
My commission expires:~ l1,..
Ql~~ JAMIE lEWNSHOM
;.: :.S MY COMMfSSlON ## DOe"'t..
EJ(P!RES Augutt 28, 2Ot2
1401I'M-G153' ._
U:NancyfOwner's Affidavit
, Property hto;.mation Map
http:// gis ims2 .mianudade.gov Imyhome/printmap. asp?mapurl=http:// g...
My Home
Miami~Dade County, Florida
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EXHIBIT
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Property Information Map
Digital Orthophotography - 2007
o -107ft
This map was created on 10/23/200811:07:13 AM for reference purposes only.
Web Site @ 2002 Miami-Dade County. All rights reserved.
~
1 nf 1
Summa Details:
Folio No.: 8-2202-022-0040
Property: 13560 NE 191 ST
e- ilfng-- -- -~EFFER-S5N-NATL-BK-c3F-"
dress: UNNY ISLES
01 W 41 ST MIAMI BEACH FL'
33140-3646 '
- ~- -----~-~--- ~--~-----~- --
Pro e~ Information:
4000 RESIDENTIAL
Primary Zone: lMUL TI-FAMIL Y, MEDIUM
__,__"_'"'" [I?_St::!?rrx" ____._.
LUC: io013 OFFICE BUILDING i
IBeds/Baths: :0/0_____.._..__.._..:,
[F1OOrs:------!1--------.- - -
ILiving Units: io
It~I~~f~~g!::-ft~hci.FT,
Year Built: 11990
I' iMYSTIC POlNTE AT
ft'.VENTURA PB 133-1
iPORT OF TR B DESC
ILegal IBEG 146.08FTEL Y & :
Ioescription. f79.29FTNL Y OF SW COR:
I . OF TR B CONT
II !NL Y28.1 OFT EL Y15.80FT
NL Y5.40FT EL Y8.20FT
I . ,... .. _ ...,itJ~y',1QElQFI. . .
Sale Information:
ISale O/R: 115707-4348
r...-........-............-.-- .,..._.__.~..__.___.._..__._.._._c_
,Sale Date: :11/1992
!&lIe Amount: i$155,000
Assessment Information:
IYear: l2Oos-T-zolij--j
ILand Value: . r $52,074 [$52,074[
IBuilding Value: I $189,008 1$189,008!
~:;~;\~~I~i.u_~:.....-_::I:Jm:~~~:l~~ii;~~~~
........ICl)(Clblev:.alue Information:
[Year:--"'" 1""2008'0" 2007
rl----- ------r Applied --r Applied
axing Authority: !. Exemptionl Exemptionl
i Taxable Taxable
_______m_______._!_____'{~~...:_______~lue.~___
[Regional: 1$01$241,0821 $0/$241,082
!COUr1tY: i $01$241,0821 $0/$241 ,082 i
ICity:._.. .... !$01$241,0821$01$241,082j
1$~h~cli Board:: !}ci/~2~I,68?H9/~?~j :Q~~?i
1012312008 JO:59 AlV
I :'I1iami-Dade COWlty. Real Estate Tax InfoJl11ation
http://egvsys.miamidade.gov: 1608/wwwserv/ggvtltxcaw03 .dia?foli...
Show Me:
P1o[EltyT aleS
Prior Years
The 2008 TAX Roll will be available on November 1, 2008 .
Today's Date: 10/23/2008 Last Update: 10/21/2008
Folio Number: 28 22020220040 AVENTURA
As of 10/23/2008 no prior years taxes due.
Owner's Name: JEFFERSON NATL BK OF SUNNY ISLES
Property Address: 3560 NE 191 ST
Search By:
Select Item
Detail Tax Information:
Re.9L E;;;!Slte...li:lxJnfo
p'[i9J..Y...€;'.i:l.rsTi:l!<g~Pw€;'
Mailing Information :
JEFFERSON NATL BK OF SUNNY ISLES
Legal Description:
MYSTIC POINTE AT AVENTURA
301W41ST PB133.1
MIAMI BEACH FL 331403646 PORT OF TR B DESC BEG 146.08FTEL Y
& 79.29FTNL Y OF SW COR OF TR B
For historical purposes: Below is a list of redeemed certificates
and the redemption payment details.
TAXDEED APPLICATION NUMBER: TC 60460
0228
Date: 11/03/2005 Register/Receipt: /0002001 Amount:
18458
17965
13652
377
22938.42
"" TAX CERTIFICATE
"" TAX CERTIFICATE
"TAX CERTIFICATE
""TAX CERTIFICATE
2001
2002
2003
2004
** These items are included in taxdeed application number TC 60460
Amounts due are subject to change without notice.
l-contac~~I~f~lrmatiOn!
rni=_~:QV I
(305) 270-4916
Downtown Office:
140 W Flagler SL,
Room 101
Miami. FL 33130
South Miami-Dade
Office:
10710 SW 211 St.
Room 104
Miami, FL 33189
Office Hours:
Mon - Fri
. .~:qq~ITl.=t5:0QJ)n1
Related Links:
Tax Collector I
Property Apprais~
Florida State Dept of I
~evE;nue~ . ...!
Property Tax Home I Real Estate Tax Info I Prior Years I
Mi"lTJi,p"d",fj9rD" 1l)~il}g.Q!!r_;;;i!" I f\Q9.~!1 PD.CJ.I}",pir"c:lgry I E'riy?c:y I Pj~c;J"irDer
@ 2002 Miami-Dade County.
All rights reserved. E-mail your comments, questions and suggestions to Webmaster
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1 "fl I0/23/2008l0:59AfV
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EXHIBIT
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FROM = MYSTIC POINTS MASTSR ASSOC
!'AX NO, :3aS9314257
Sap. 23 2e1i38 03:56PM Pi/1
1!y~.
ON TH.l:i'Jll\ Y
MYSTIC POINTH MASTHR AHSOCrA TfON
.
........----.
1'0: All CommerolelJ 'Pod. ()wnem
From; 'xert1 Tirone
Ro: painung of the ;ndMdual Commercial Pods.
Dato: Septombl:r23,2008
Peat Pod Qwnm:
the A%cb.i1:tlcl.Ure1 Commilt6c for tbo lsbmd baa :cq,1Jelltod tIlat you be D.OliBed that yom
comm.eroisl pods or bUildina n.el:d \(I be patntcd. 1II inllpcctb1glho P(l;)p~ wo :DI:!ted tb:l1
selVCMl. if not all of1he cmnmercdal poda a%$ it! desperate need ofpa.inti:Da. We aU that
it} additio.D. Y01.1. havo you. contractOr tcpla.cf; any totting wood around the rbOfs. e....es and .
make suro all gultsrs me ~ m4 in woddng condition. Alll!nu1tcfa that are in
diSNpatr or dirty ~ Q.eed lo be cleaned orpairrtcd ""needed. .
Slnoe tho Qommittcc is chwgcd with tM overall MSth.etio app~ce offue communlty
'We are requesting that thls be done prior to the season or at least by December 2008. The
Mister Association oflice halt the col~r o~.~~ White paint i,fY01J,l'Ieed this irrlhTm.ation.
. '... 1.\. "" ,'~." I.. t.
Please let Q...r office know when you. will be ba:vink ttidwo~ dor.e:~;tb.at we may
acconunoda1:e YO'Qf vendors IlUd make sure the "cOOoJ$ know bow to pfocecd.
'Please contaot the Ma.<rter Association offico IoU 305-932..9600. .
cc:
Colonial Rm'I'k Pods
Karelllxpo Pods/ C(ltLvcn1ence Start Pode
Ba.y~dc MAintenance Pod
Mk>hacl Molle.~1ty Office
Myslic Poinl.e MariM ()ffi.ce
Graphicl Pud .
'foro Pod
.~!i9S Myftlk I'o\t'lre 'Oriv(!, AII~nNrl'l, llloritl.\ Ml1!i1l ("'1m) !Y.I~-!l6{1ll · l'nK (aOli) 93l.-t2.(j1'
\ 00 'd
OOH l6L gOE 'oN XV.:!
V~nlN3^V~NVe lVIN010~
~d SO:vO 3nl 800l-gG-d3S
....,1-,
~C) x-CFoo.cnr >iUE?R 1 E?IUOl oJ Wid LE:E,O 800~-t~-das
Commercial Interior Contractors, Corp.
2500 NW 39th Street Suite 100 Miami, FL 33142
(305) 636.3700 (305) 636.3737.Fax
licensed*1 nsu red*Bonded
CC#93BS00628
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EXHIBIT
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>o-~~"1-'--',
'''::..~:-:::....~
September 30th, 2008
Mr. John Michael Dudzenski
Vice President/South Florida Facilities Manager
Colonial Bank
1580 Sawgrass Corporate Pkwy Suite 310
Sunrise, FL 33323
(954) 514-1808 (954) 846-7513 Fax (786) 566-1532 Cell
Re: Mystic Pointe Colonial Bank Paint Proposal
Dear Mr. Dudzenski:
Commercial Interior Contractors, Corp. proposes to provide the following services:
Scope of Work
Qty Unit
Total
Paint
Sand, Prep and Paint Wood Fascia
Minor Repairs to above
Sand, Prep and Paint Metal Gutter
Sand, Prep and Paint Soffit and Walls
Total Project Cost
Is
$ 3,762.00
$ 3,762.00
Pricing is based on the following conditions and Scope of Work:
.. Price for materials delivered and installed. Price effective for Thirty (30) Days.
" 50% deposit, balance upon; 1 %% thereafter for unpaid balance.
" Available and accessible; air-conditioning, lighting and power.
.. Price based on Site Inspection.
We appreciate the opportunity to provide Colonial Bank with this Paint Proposal.
Very Truly,
Eloise Gonzalez
President
Accepted By:
lei / j,.
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Print Name & Title
Date:
/ C ..- J) .". (-> r\:'---
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Signature
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EXHIBIT
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PFMI Covered under Con.tract
Janitorial Service
Supplies (FL) - towels, tissue, soap, and liners
Carpet Cleaning - 2 times per year
Hard Tile Maintenance
Pressure washing walkways and drive tlu'u
Landscaping
Pest Control
Mat Service (FL)
Sign and Outside Lighting Maintenance
Indoor plants (FL)
Waste Removal (wet trash, dumpster service)
Man In the Van Service
o Electical
. HV AC
. Plumbing
. Handy Man Service (plumbing issues, installing small items, hanging pictures,
repairing small items, survey bank for all services)
Parts - up to budgeted amount of$150,OOO (FL)
Administrative Supp011
Call Center
Management
Non Contact Support
Construction (remodels, roofing, etc)
Moving service
Clean up
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Value Information
2003 Final W.4.Final ~005 Final 2006 Final ~..Einil'
$159,117 $163,739 $174,490 $185,995 $189,008
$47.340 $47,'4/l $47.,4n 'i'~7.Q74 $52,074
$206,457 $211,079 $221,830 $238,069 $241,082
.. n/a .. 2.24% 5.09% 7.32% 1.27%
$206,457 $2il,079 $221,830 $238.069 $241,082
~ ~ ~ ~ ~
~ ~ ~ ~ ~
$206,457 $211,079 $221,830 $238,069 $241,082
-n/a. $4,529,$9 $4,679.79 $4,886.81 $4,400.33 COUll'.@
Sales Information
Snle P,l<e, $155000 Deed e: 1 lSock Il'a e:
Deed Mo a e & Other Recorded Document J!nfo,matioi1
No documents listed for this nrnpprty.
Buildin Information
8edroom~' 0 Bldg Area' 2,024 sf
e"th. OOIl'~' 0.0 Adj Ar"a: 2,024 sf
Exterior 30
14 Fu~1
13 Hcot
1990 ~~ULT VALUABLES STORAGE 199q
Proper!: Information
Parcel Hl # n17Wn)70n40 fi!!
Property Tvpe: Commerci"l
Property Address:
3560 NE 19i5T ST
AVENTURA, FL 33180..255~
bmd Use,
i700/0FFICE BUILDING - ONE ST
Lend Areas:
1. OFFICE BUILDING.. ONE ST
lot Size: 0,04 acres /1,5i'6 sf
Zgnin9: RMf 4
Subdivision:
MYSTIC POINTE AT AVENTURA
Sec: 02 Twn: 52 Rng: 42
legal Description:
MYSTIC POlNTE AT AVENTURA PB 133-1
PORT OF TR B DESC BEG 146.0BFTELY &.
79.29FfNL Y OF SW COR OF TR B CONT
NLY28.lOFf ElYiS.80FT NLYS.40FT
ELY8.20Ff NLY10.60FT El Y28.2DFT P Active \j!1 Sold
Sl Y28.l0Ff WL Y24Ff [full...]
Current Owner
JEFFERSON NATL BK OF SUNNY ISLES
301 W 41ST 5T
MIAMI BEACH FL 33140-3646
6uilding Value'
Land Value,
Just Market Value:
Percent Change,
Total Assessed Value:
flolnestead Exemption:
Total exemption.,
Taxable Value:
Tal( Amount:
S,,\o Date, 11/1992
F
1. OFFICE BUILDING - ONE ST
Structure
Roof Type
Roof Material
Features: CCNTRAL Ale COMM
15707 f 4348
Year Built: 1990
Storl",,: 1.0
Flooring :
Gafilge:
AlC
Units: 0
Zone AE;;
BFEs determined.
<1:) il~app, [nc, 2008 I Information is believed occurate but not guaranteed.
'"
..
:0
.0
.'!l
EXHIBIT
t:
~01-.
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~~_ . J::~~ ~ J'li" I"'~I '-'- . ~ . ~ ,..""
,,;' , .. '-; , "I'.' -;) <: ~ Ol
'. ""~_, litt~",l~ . ... l2 c ,;;
~~rrh .,....,;,.......!' ~,. .... J~.f' . - o...5:;~
}~i!
FOLlO
CO-USE
ZONING
ST-USE.
I
LAST
FiRST
OTHER
28_22-02-022-0040
(31 Oi"I"{CE BLDCS
40/ MUL MED HGH DENST
17/ OFFCE BLDG 1 STRY
[~?E COUNTY PROPERTY Ijj
PADDR 3560/ NE / 191/ ST
PClTY AVRNTURA P7.IP ('Ii
SUBDV MYSTIC POINTE AT A VENTURA
LIEN'! TAX CRT? Y LIS PEND'?
UPDATE 01/15/08
["
FRONT IT
LND SQf.Jf
$IL.ANDSF
DEPTH IT
1,S7& LNf) ACRI'
$ %.00 $/ ADJSF
OWNER NAME & ADDRESS
OADDR
OC ITY OZIP CD
COMPAl'-JY JEFFERSON NA'fL BK OF SUNNY I.SLES
LAND INFORMATION
LOT BLOCK
0.04 WATERFRONT
$76.5l'iO $/TOTLSF $ 76.58
PI3K-PG 133-1
OR BK-l'G
AV RATIO 0.64
ADJSQFT 2,024
BEDROOMS
R \ J II J) I N(; I NFORMAllON
TOTSQFT 1,024 - NUM UNITS
BATHRMS HALFBA1HS
YEARBLT 1990
NUMFLRS I
r--
LEG/I.!. D(;SCRIPTJON
1 MYSTiC POINTE A1: A VENTURA
:z. P'B 1.'-'1-[
3 PORT OF TR B rmsc Bf,G 146.0BFTEL Y
4
5
6
& 79.29J<-T~L Y OF SW COR OF
CONT N L Y28.10FT EL Y15 .80F'l
NL Y5.40FT EL Y8.20FT NLYIO.t
TAX &. .'\SSI.;SSMf.NT INFORMATION
DlS.rRICTS EXI;MPTIONS
Water N I-Iolnesld N Widow N
Road N YdemIl N Disabld N
Sewer N Exempl N Senior N
Light N School N Exmpl
Markl V"-' $2H,0l12 NonEx $ 241,082
I
A!JTHORITY L~X AMOUNTI2007)
COUNTY 'fAX $ 3,984
CITY TAX :Ii 41b
MISC TAX
GR()<:S TAX
PREY TAX
$ 4,400
$ 4,887
I
A.SSES$I<yLI;NT.'1 CW07)
Land $ 52,074
lmprv $ 189,008
Total $ 241,082
P, e y $ 2:18,1)(;9
MillRt 20.53
PAY _O.AID
# I W26107
#2 12/10/01
#3
#~
ijj
#6
Ti\X P/\Y"'ILiN"f INFORMATiON
AMOUNT . P,i\ YMLiNT D~SCR.J.f'TlON TQTh.L.l"A!O
$<1224.320 FULL R~rAYMENT $4.,2.1~,J'f
$ 0.00
flALANCIUl1:,J),'i
$ 176,!!J
TOTAJ", TAX D.El-lliQUEt~T
$ .7,,~~,5,111,6Q1,!!~a.21
SALES INI.:(JF.MATION
pB-ICE - D.TYPF: OR I?K-BG
$ 155,UOO 157\17-4348
I
SRC S.TXPjO &DESQlJj"TION
C 1/ GOOD SALE:
PEED RECQRDED
CURK ii/tHin
PREY
EARL
I
MLS
I
r,10J-n-QATE
AMQUNT
Ml.S HlSTORY
MLS# ja'll19lix
MORTGAGE INFORMATION
MORTGAGE CQMJ'A,NY
BROKER
M.~T PE.~.sCIUPl'IOI\!
I
NC 4/ CEN'T.ivC C
PATiO
OTHER
EXTRA FF.ATlJRES
. CPORT
POOL
00L.:K
FENCE
127 I y,.dlLT/OOOR
.1"f.lllform~tiol1 O(ll warranted. 1nI"l.1mlHlioll herein is from Dade Count ""
I Tax Rolls. ML;~_sltbSClihers art ::.?l respllm;ihlt for ils a,curaey.
09/23/08
Outstanding Owner..Usel' Opportunity!!!
:!: 2,024 Square Foot Free Standing Building
For more information please contact:
Claire Holash Kathy Perez~Gurri
Senior Commercial Associate Senior Commercial Associate
cho lash@coUiersav.T{.co m kperez~gurri@coniersa wf. com
(305) 476-7135 (305) 476-7141
Commercial Real Estate Brokers
Sales I Leasing I Investment I Property Management I Site Selection I Advisory Services
Information contained herein has been obtained from the owners O! from atIlel SOUlces deemed reliable. We have no reason to
doubt its accuracy, but we regret we cannot guarantee it All properties subject to change or withdrawal without notice. Abood
\l(lood-Fay Real Estate Group, dba Colliers Abood Wood-Fay is Rn independently owned and operated business and a member
firm of Colliers International Property Consultants, an affiliation of independent companies with over 240 offices throughout
more than 50 countries worldwide.
~ '. .~\~..
.'~.,. .."
,'. ~.k. . . 'to ... .~-t
\". ,;t. I;' X., .....,.~ i
j~. . .~. ' 'It...' 't:':.F-
"<.;: :~"'-ol.. .., "
.~. -;.' ~_~.-c... ,
2007 Demog'raphics
One Mile Radius
Population:
25,266
Median Household
Income:
$61,071
Per Capita Income:
$55,693 '
Median Age:
52.9
For more information please contact:
Claire Holash Kathy Perez.-Gurri
Senior Commercial Associate Senior Commercial Associate
cho lash@colliersawf.com kperez;gurri@collier:sawf.com
(305) 476-7135 (305) 476-7141
Commercial Real Estate Brokers
Sales I Leasing I Investment I Property Management I Site Selection I Advisory Services
Information contained herein has been obtained from tht' owners or from utiler sources deemed reliable, We have no reason to
doubt its accuracy, but we regret we cannot guarantee it All properties subject to change or withdrawal without notice. Abood
\1(Tood.Fay Real Estate Group, dba Colliers Abood \1(7ood,Fay is 8l.J indepi'ndencly owned and operated business and a member
firm of Colliers International Property Consultants, an affiliation of independent companies with over 240 offices throughout
mote than 50 counlTies worldwide.
~.l'~
:!!
D
;
EXHIBIT
q,.
,/
Commercbl R.uI &ute IIrobn
EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT
95 Morrick W.y. s..tu. 380
Co~ G>hl.... Aorid... USA 33 tJ4
Tol: 305.+46.0011 hx: 305.+46.1907
W'WW.collieruwf.com
6600 N. And~ Avonu.. s..ite 2-40
F.,n: laudordlle. Florid... USA 33309
To,95-4.233.6OO0 hx: 95-4.233.6010
www.colllersa:wf.com
This Exclusive Right of Sale Listing Agreement (Agreement) is between COLONIAL BANK N.A.,
("Seller") and ABOOD WOOD-FAY REAL EST A TE GROUP, LLC d/b/a COLLIERS ABOOD WOOD-FAY,
("Broker").
I. Authority to Sell Property
Seller gives Broker the Exclusive Right To Sell the real and personal property (collectively "Property") described
below, at the price and tenns described below, beginning the 26th day of November, 2007, and terminating at
1\ :59 p.m. the 2jth day of May. 2008 ("Termination Date"). Upon full execution of any contract for the sale,
conveyance, or other transfer of the Property during the term of this Agreement, all rights and obligations of this
Agreement and the expiration date hereof shall automatically be extended for a period equal to the number of days
that said contract remains pending. Seller and Broker acknowledge that this Agreement does not guarantee a sale.
This Property wili be offered to any person without regard to race, color, religion, sex, handicap, familial status,
national origin, sexual orientation, or any other factor protected by federal, state or local law. Seller certifies and
represents that he/she is legally entitled to convey the Property and all improvements.
n. Description of Property
a. Real Property Street Address: 3560 NE 191 St. Miami, Florida
b. Tax Folio #: 28-2202-022-0040
c. Description: a 2024::: SF office building on a 1,578:1: SF of land
HI. Price and Terms
The sale price is to be acceptable to Seller, all cash. Potential buyer may seek financing.
IV. Broker Obligations and Authority
Broker agrees to make diligent and continued efforts to sell the Property until a sales contract is pending on the
Property. Seller authorizes the Broker to:
a.
~ b.
c.
d.
e.
Advertise the Property as Broker deems advisable in newspapers, publications, internet, signage, etc., and
use Seller's name in connection with marketing or advertising the Property.
. Obtain information relating to the present mortgage(s) on the Property. --
Provide sales and marketing information package and materials to potential buyers
Act as a transaction broker in accordance with Broker's office policy as explained in Paragraph 8 and
revert to Seller's agent status if the parties do not complete a transaction.
Withhold aH offers once SeHer accepts a contract for sale and purchase of the Property.
Miami. Fort Lauderdale . Palm Beach
An i:-.;':'i!::Je:"lde;-o":' "'e'7.~e!'" ~, C';iiie~ InternatiOl"lal
'/\ ~_ :::',j-~~-:::s. .;.~ Eit:'.:e ::..u':es -:"1rc_g-~_':. ':.".::! ~._-tr:.::as, Ewropc:, Midd~ E.1.5~ _~'1 ::J1cfic 1nO ~frl(;a
. .
EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT
Page 2
V. Seller Obligations
In consideration of Broker's obligations, Seller agrees to:
a. Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to
Broker all inquiries regarding the Property's transfer, whether by purchase or any other means of transfer.
b. Provide Broker with current and accurate financial information, including income and expense
statements, rent rolls, leasing and tenant information.
c. Provide Broker with all available and pertinent property information including site plans, surveys, floor
plans, prior appraisals, environmental reports, etc.
d. Provide easy access and make Property available for Broker to show during reasonable times.
e. Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property.
f. Indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature,
including attorney's fees, and from liability to any person that Broker incurs because of Seller's
negligence, representation, misrepresentation, action, or inaction, or the existence of undisclosed material
facts about the Property. This clause will survive Broker's perfonnance and the transfer oftit\e.
g. Perform any act reasonable necessary to comply with FIRPTA (Internal Revenue Code Section 1445).
h. Make all legally required disclosures, including all facts that materially affect the Property's value and are
not readily observable or known by the buyer. Seller certifies and represents that Seller knows of no such
material facts (local government building code violations, unobservable defects, etc.) other than the
following:
and will immediately inform Broker of any material facts that arise after signing this Agreement.
I. The Property is to be sold "as is". Buyer is responsible for making all inspections and for costs incurred
for those inspections. No warranties are implied or otherwise given by Seller in this transaction.
VI. Compensation
Seller will pay Broker as follows:
.a. A commission of 6% of the total gross purchase price is due and payable by wire transfer out of sale
proceeds at closing as a line item on closing statement. If Property is leased, commission shall be based
on the gross lease amount and due and paid one half upon execution of lease and one half upon
occupancy.
b. Broker's fee is due in the following circumstances: (1) If any interest in the Property is transferred,
whether by sale, lease, exchange, stock transfer, governmental action, bankruptcy or any other means of
transfer, regardless of whether the buyer is secured by Broker, Seller or any other person. (2) If Seller
refuses or fails to sign an offer at the price and tenus stated in this Agreement, defaults on an executed
sales contract or agrees with a buyer to cancel an executed sales contract. (3) If, within 120 days after
Tennination Date ("Protection Period"), Seller transfers or contracts to transfer the Property or any
interest in the Property to any prospects or persons with whom Seller, Broker or any real estate licensee
communicated regarding the Property prior to Tennination Date. Any and all references to the word
"Property", "sells the Property" or "sale of the Property" contained herein shall be deemed to include a
. sale of all or any portion of the fee interest, leasehold interest and/or if an interest in Owner is sold in lieu
of the Property to an entity desiring to purchase the Property, all or any portion of any beneficial
ownership interests of the entity that owns the Property (including but not limited to the sale of all or any
portion of any partnership interests or stock in the ownership entity).
c. Retained Deposits: As consideration for Broker's services, Broker is entitled to receive 50% of all
deposits that Seller retains as liquidated damages in a transaction, not to exceed the paragraph 6(a} fee.
EXCLUSIVE RIGHT Of SALE USnNG AGREEMENT
Page 3
VIl. Cooperation witb Other Brokers
Broker's office policy is to cooperate with all other brokers except when not in Seller's best interest; to offer
compensation to Buyer's Agents, who represent the interest of the buyer and not the interest of Seller in a
transaction, even if compensated by Seller or Broker; and Transaction Brokers, who represent neither Seller nor
the buyer, but who facilitate the sales transaction.
VIII. Seller's Agent - Potential for Transaction Broker
By signing this Agreement, Broker agrees to represent and act as Seller's agent within the scope of this
Agreement. A Seller's Agent owes the Seller the fiduciary duties of loyalty, confidentiality, obedience, full
disclosure, accounting, and the use of skill, care and diligence in carrying out Broker's duties under this
Agreement. However, if (i) Broker represents a buyer who expressed interest in Seller's Property; or (ii) Broker
or an agent in the listing office wishes to buy the Property, Broker's office policy is to act as a Transaction
Broker. A transaction broker does not represent Seller or the buyer as an agent. Instead, Broker will treat both
Seller and the buyer with honesty and fairness; will disclose all knO\Vl1 facts materially affecting the value of the
property to both parties; will account to both parties for money or property that comes into Broker's possession;
and will use skill, care and diligence in facilitating the transaction.
lX. Dispute Resolution
This Agreement will be construed under Florida law. All controversies, claims and other matters in question
between the parties arising out of or relating to this Agreement, or the breach thereof, will be settled by first
attempting mediation under the rule:; of the American Mediation Association or other mediator agreed upon by
the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover reasonable
attorney's fees and costs, unless the parties agree that disputes will briO by arbitration as follows:
Arbitration: By initio . the space provided, Seller , Listing Agent L-j,Listing Agent
(~, and Listing Broke gree that disputes not resolved ation will be settled by neutral binding
arbitration in the county in \\i ch the Property is located. Arbitration ill be in accordance with the rules of the
American Arbitration Association or other arbitrator agreed upon by the parties. Each party to any arbitration or
litigation (including appeals and interpleaders) will pay its own fees, costs and expenses, including attorney's
fees, and will equally split the arbitrators' fees and administrative fees of arbitration.
X. Disclosure of Lien Rights
The Florida Commercial Real Estate Sales Commission Lien Act provides that when a broker has earned a
commission by perfonning licensed services under a brokerage agreement with you, the broker may claim a lien
against your net sales proceeds for the broker's commission. The broker's lien rights under the act cannot be
waived before the commission is earned.
Xl. Miscellaneous
This Agreement is binding on Broker's and Seller's heirs, personal representatives, administrators, successors and
" ?ssigns.. Signatures, initials and modifications communicated by facsimile willjle considered as originals. The
term "buyer" as used in this Agreement includes buyers, tenants, exchangors, optionees and other categories of
potential or actual transferees.
EXCLlJSIVE RIGHT OF SALE LiSTING AGREEMENT
Page IV
A real estate broker is qualified to advise on real estate transactions.
Broker advises Seller to consult an appropriate professional for related legal. tax, property condition,
environmental. foreign reporting requirements and other specialized advice.
Date:
1~~h7
Se ller:
Gt>\cm \C1J 8W\ k ,rA
Seller
Ta.x ID:
Business Phone:
Facsimile:
Address:
Email Address:
Date:
Authorized Listing Agent:
XfJfJJJi
; / '.. ....' .../. / j'
Kathy Perez-Gu' -.. -.
A uthorized Listing Agent:
L
(lflPhLU ~~~
Claire Holash
Authorized Broker:
Copy returned to Seller on the _~ day of
, 2007 by:
Mail
E-mail
Facsimile
Delivery
BROWARD COUNTY
..-.-.-.-.
DADE COUNTY
IVES DAIRY RD.
MIAMI
GARDENS DR.
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Station Library
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192 S1.
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Roadways
. . . . . . City Boundary
-. -. - ZIP Code Boundary
- - - - - - - - -- - Railroad
Exhibit 2
01-APP-09
Exhibit 3
01-APP-09
City of
A ventura
Exhibit 4
01-APP-09
~ If-tJOJ
e e~ ~ &r.~~iJjJ
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
SUSAN Gom.IEB
MAYOR
March 30, 2009
COMMISSIONERS
:lEv AUERBACH
BOB DIAMOND
TERI H0l2BERG
BILLY JOEL
MICHAEL SlERN
Luz URBAEZ WEINBERG
Jeffrey Bercow
Bercow & Radell
200 South Biscayne Boulevard
Miami, FL 33131
ERIC M. SOROKA, [CMA-CM
CITY MANAGER
Re: Colonial Bank, Mystic Pointe
Dear Mr. Bercow:
Staff has reviewed the documents submitted and has determined that the use of
this unit has been discontinued or abandoned for a period of 90 consecutive
days. Section 31-273 of the City Code now applies. This section provides that
the use shall not be renewed or re-established and any subsequent use shall
conform to the use regulations of the land use district in which it is located. The
unit is located in the RMF4 zoning district according to the zoning map of the
City's Land Development Regulations.
This is an administrative decision. Section 31-83 of the City's Land Development
Regulations provides appeal procedures for this decision.
LU~
J01n~e Carr, AICP
Community Development Director
"
c: Eric M. Soroka, ICMA-CM, City Manager
David Wolpin, Esq., City Attorney
PHONE: 305-466-8900 · FAX: 305-466-8939
www.cityofaventura.com
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN
APPEAL PURSUANT TO SECTION 31-83 OF THE CITY CODE FROM A
WRITTEN ORDER, REQUIREMENT, DECISION, DETERMINATION OR
INTERPRETATION MADE BY AN ADMINISTRATIVE OFFICIAL IN
ENFORCEMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS
RELATING TO PROPERTY AT 3560 NE 191 STREET, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Colonial Bank, through Application No. 01-APP-09, has made
application under Section 31-83(a) of the City Code to appeal the decision, determination or
interpretation of the City's Community Development Director dated March 30, 2009 that the non-
conforming commercial use of a one-story unit located at 3560 NE 191 Street (Mystic Pointe
Drive), City of Aventura, being a portion of Tract B, according to the Plat of Mystic Pointe at
Aventura, Plat Book 133, Page 1 recorded in the Public Records of Miami-Dade County, Florida
has been discontinued and abandoned and may not be renewed or re-established and any
subsequent use shall conform to the land use district in which it is located, pursuant to Section 31-
273 of the City Code; and
WHEREAS, the City Commission has held the required public hearings, duly noticed in
accordance with law; and
WHEREAS, the City Commission has reviewed the application for appeal and has
considered the testimony of all interested parties at the public hearing, and has determined to
grantldeny1 the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA:
Section 1. That the application for appeal of the written decision, determination or
interpretation made by the City's Community Development Director dated March 30, 2009 is
hereby granted/denied1.
Section 2. Effective Date. That this Resolution shall be effective immediately upon
adoption.
The foregoing Resolution was offered by Commissioner
its adoption. The motion was seconded by Commissioner
to a vote, the vote was as follows:
, who moved
, and upon being put
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
1 Language in bold italics indicates a decision to be made by the City Commission at public hearing.
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 2nd day of June, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
This Resolution was filed in the Office of the City Clerk this _ day of June, 2009.
CITY CLERK
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Commission
Eric M. Soroka, ICM
City Manager
Joanne Carr, AI
Community Deve
May 11, 2009
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-08 - Small Scale Amendments)
and
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, to 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 Items 4A & 48
City Commission Meeting Agenda Items 7 A & 78
City Commission Meeting Agenda Item 8'A-
The above noted applications were recommended by the Local Planning Agency and
approved on first reading by the City Commission at public hearings on May 5,2009.
At the Local Planning Agency public hearing, a resident of an adjacent residential
development, Turnberry on the Green, advised that she had seen the property posting
signs but had not received mailed notice of the applications.
For clarification, staff wishes to confirm the public notice provisions of the City Code and
confirm that those provisions were fulfilled.
Section 31-71(e) of the City's Land Development Regulations contains the provisions for
public hearing and notice procedures. This section requires that all public hearing and
notice requirements be provided in accordance with the provisions of Florida Statutes
Section 163.3184(15) for a change to the adopted Future Land Use Map and in
accordance with Florida Statutes Section 166.041 for adoption of ordinances and
resolutions and the City's quasi-judicial legislation. The Florida Statutes sections regulate
the size, number and timing of published notice.
The City Code section provides as follows:
. Notice of the time and place of the public hearing describing the nature of the
application and street address of the property is to be published in a newspaper of
general circulation in the City not less than ten (10) days prior to the public hearing.
. A courtesy notice containing substantially the same information in the published
notice may be mailed to property owners of record located within a radius of 300
feet of the property described in the application or such greater distance as the City
Manager may prescribe; however, failure to mail or receive such courtesy notice
shall not affect action or proceedings taken under this section.
. The property is to be posted no later than ten (10) days prior to the hearing in a
manner conspicuous to the public by a sign or signs containing information
concerning the application including the applied for zoning action and time and
place of the hearing.
. All costs of advertising, mailing and posting is to be paid by the applicant.
For the applications for comprehensive plan amendment and rezonings subject of this
report, the following public notice was made:
. An advertisement was placed in the Miami Herald newspaper on April 22, 2009.
. Courtesy notice was mailed to 529 property owners within a 300 foot radius of the
north and south parcels on April 24, 2009. The applicant submitted a notarized list
of property owners, a radius map showing all properties within 300 feet and mailing
labels. The mailing list included all unit owners of record of Turnberry on the Green,
Bonavida and the commercial properties on the west side of West Country Club
Drive.
. Two property posting signs were erected on April 21; one in front of the northerly
site and one in front of the southerly site.
At the second reading public hearing, the City Attorney will announce a sign-in form for any
member of the public interested in receiving an informational statement concerning
publication of the state land planning agency's notice of intent on these applications.
2
The newspaper advertisement, property posting signs, courtesy mailing notice and sign-in
form for the state information satisfies the procedures for public notice in Section 31-71(e)
of the City Code. The applicant has paid to the City a deposit of $10,000 to cover the cost
of these public notices.
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, IC
City Manager
rector
TO:
City Commission
BY:
Joanne Carr, AIC
Community Developm
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-08 - Small Scale Amendments)
-
May 5, 2009
May 5, 2009
June 2, 2009
Local Planning Agency Agenda Item J:LiJ
City Commission Meeting Agenda Item
City Commission Meeting Agenda Item <g A
RECOMMENDA TION
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
f~
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
nursery/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 parlicular 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 LOS 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
Policy 4.1 The City adopts a level of service 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
Policy 2. 11 The location of parking, curb cuts, walkways, bike lanes, signage,
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 B2, 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
,-,..~
~
BERCOW RADELL & FeRNANDEZ
ZONING. LAND USE AND ENVIAONrv'lENTAL 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
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 Turnberry Isle Resort lVX: 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 (the
"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 IvIap. Tbe
amount of land that is located in each zoning district would not change, sini ply
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 "is 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 ANANClAL 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 san1.e 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
BERcaw RADELL CSr. FER NAN DEZ
ZONING. LAND USE AND ENVIAONf\ltENTAL LAV\I
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 environnlental
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.
BERcaw RADELL ~ FER NAN DEl:
ZONING. LAND use AND ENVIAONI\IIENTAL 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 tbe
Property, as well as one of the final components of the Phase I redevelopmerrt
that began in 2006. As described in the foregoing letter, the net amount of
ROSjParks and Recreation and B2jBusiness and Office land will remain 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.
Sincerel y I
B.ERCOW RADELL & FERNANDEZ
ZONING. LAND USE AND ENVIAONt'v'IENTAL LAVV
,~
BROWARD COUNTY
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Exhibit 2
01 & 02-REZ-08
02 & 03-CPA-08
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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
1'568"'~1Jrclr.1anofIPanoJand.Florlda33Qre
Ph~I"""",F~(9,,)_''''''''4 ' "/"/- ..-..---'"
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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, as recorded in
Plot Book 135 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 fDr 74,75 feet; 2) thence N 20'410'37" E fDr
91,48 feet tD 0 pOint Df curvature; 3) thence NDrtheosterly and Southeasterly olDng 0 120,1010 fDot radiUS curve
leading tD the right through 0 central angle of 138'25'38" far on ore distance of 289,92 feet to a non-tangent
point, the following four (4) courses being alDng the exterior boundary Df said Tract B-10; 1) thence
N 59'105'15" E for 18,1010 feet; 2) thence S 47'108'16" E for 193,28 feet; 3) thence S 69'22'104" E for 610,1010 feet
to 0 point of curvature; 4) thence Southeasterly along 0 41010,1010 foot radius curve leading to the right through 0
central angle of 17"55'41" for on arc distance of 125,28 feet to 0 nDn-tongent point; thence S 57"28'102" W for
83,510 feet; thence N 41'14'210" W for 87,105 feet; thence N 510'29'310" E for 10,310 feet to 0 point on 0 circular
curve concave to the Southwest and whose radius point bears S86'59'106"W; thence Northwesterly along 0 43.43
foot radius curve leading to the left through 0 central angle of 75'34'58" for on arc distance of 58,105 feet to 0
non-tangent point; thence S 48'04'510" W for 0,37 feet; thence N 41'22'59" W far 27.49 feet; thence
S 48'35'33" W for 10"109 feet; thence N 41'27'47" W for 28,74 feet; thence S 48'38'102" 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 48'32'104" W for 79.44 feet; thence
S 06'110'31" W for 5,23 feet; thence S 72'105'105" W for 25,41 feet to 0 point on 0 circular curve concave to the
Northwest and whose radius point bears S77"22' 35"W; thence Southeasterly, Southwesterly and Northwesterly along
o 77,85 foot radius curve leading to the right through 0 centro! angle of 178'55'58" for on arc distance of
243,15 feet to a non-tangent point; thence S 87"31'108" W for 28,18 feet; thence N 410'510'17" W for 35,57 feet;
thence S 87'22'102" W for 27,310 feet; thence S 42'22'103" W for 16,97 feet; thence S 102'37'55" E for 47,13 feet;
thence S 87"310'53" W for 61.56 feet to a point on the Westerly line of said Tract A-llO, also being the Easterly
right of way line of West Country Club Drive; thence N 102'410'32" W along said Westerly line of Tract A-110 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 02'410'32" E along said Westerly line
of Tracts A-110 and B-11O, and Easterly right of way line of West Country Club Drive for 837,96 feet; thence
N 87"25'47" E for 200,46 feet to the Point of Beginning; thence continue N 87'25'47" E for 53,18 feet; thence
N 42'25'47" E for 15,77 feet, thence N 02'33'13" W for 33,57 feet; thence N 87"26'47" E for 1210,69 feet;
thence S 102'33'13" E for 42,01 feet; thence S 87"26'47" W for 41.45 feet; thence S 02'33'13" E fDr 39,61 feet;
thence N 87"26'47" E for 62,28 feet; thence S 102'33'13" 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 102'33'13" E for 34,14 feet; 3) thence S 87"26'47" W fDr 132.42 feet; 4) thence N 102'33'13" 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 a 120,010 foot radiUS curve leading to the left
through 0 central angle of 38'07'22" for an ore distance of 79,84 feet to 0 non-tangent point; thence
N 02'410'32" W for 62.45 feet to the Point of Beginning"
-,~.,
Drawn By
Cad. No.
Ref, Dwg.
MAP
081267
( LEGAL DESCR/PTlON
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653
180 Northeast 168th_ Street / North Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152/ En.ail fls@f1ssurvey.com
I Date 10/21/08
Scale NOT TO SCALE
Job, No. 081267
Dwg, NO,1008-109-1 B
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, Range 42 East and Section 34, Township 51 South,
Range 42 East, City of Aventuro, 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 rights-of-way 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 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 Descriotion" 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 61 G 17 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
"Not valid without the signature and the original raised
seal 01 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.
!~~
Dra wn By
Cad. No
Ref. Dwg.
MAP
081267
r SURVEYOR NOTES AND CERTlFICA TION
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NU:MEER: 00003653
180 Northeast 168th. Street / North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.com
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
",,,.-
A= 138025'38"
R=120,OO'
L=289.92'
-
EXHIBIT 1
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TRACT A-10
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92 ____
\
TRACT U
\.-3
EXTERIOR 80UNDARY LINE
OF TRACT 8-'0
FIFTH ADDITION
BISCA YNE YACHT AND COUNTRY CLUB
PcAT BDDK 99 PAGE 20
<0;'
[XTERIOR 80UNOARY LINE \
OF TRACT A-10
A=76034'58"
R=43.43'
L=58,05'
RB=S86059'06"W
A= 17056'41 "
R=400.00'
L=125,28'
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'-MOST WEST[RL Y N W CORNEy --- ---
OF TRACT A-l0 __
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IVW'ESTERL Y UNE OF TRACTS A-10 & 8-10
ANO EASTERLY RIGHT OF WAY liNE OF
WEST COUNTRY CLU8 DRIVE
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R=77"86'
L=243.15'
RB=S7?D22'35"W
LINE T A8LE LINE T A8LE
LINE LENGTH BEARING LINE LENGTH
U 74.76 N89'! 9'28"E L21 2730
L2 91.48 N20'40'37"E L22 16.97
U 18.00 N69'06"S"E L23 47.13
L4 193.28 S47'08'16"E L24 61.56
l5 60.00 S69'22'04"[ L25 155.58
L6 83.50 S57'28'02"W L26 63.18
L7 87.05 N41'14'20"W L27 16.77
L8 0.30 NSO'29'30"E L28 33.67
L9 0.37 S48'04'SO"W l29 120.69
UO 2749 N4I'22'S9"W UO 42,01
Ul '0.09 S48'3S'33"W U, 4145
U2 28.74 N4"27'47"W U2 39.61
U3 23.57 548'38'02"W U3 62.28
l14 31.03 N41",1'14"W L34 24.13
us 13.93 N87"02'24"W us 15.34
U6 7944 S4-8"32'04"W U6 34.14
U7 6.23 506'10'31"W U7 13242
l18 26.41 572'05'05"W U8 74.14
LI9 28.18 S87"3' '08"W U9 19.88
L20 36.67 N40'50"7"W L40 6246
8EARING
S87"22'02"W
542'22'03"W
S02'37'S5"E
S87'30'S3"W
N02'40'32"W
N87'26'47"E
N42'26'47"[
N02'33'13"
N87'26'47"E
502"33'13"[
587'26'47"W
S02'33',3"[
N87'26'47"[
502'33"3"[
S87'26'47"W
S02'33'13"[
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N02'33"3"W
N47'42'3S"W
N02'40'32"W
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~~I\ ~ 20046fi~(
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8 '~3'00' II I~EXT[RIOR 80UN~:R: LINE
r- I OF TRACT 8-10
(f) >-:!i
~ 1\ :i: II/TRACT U
~!;< ~ / BISCAYNE :~6~~ ~~~I~g~NTRY CLUB
iE a:' I / PLAT BOOK 99 PAGE 20
SOUTH LINE OF SECTION 34-51-42
NORTH LINE OFSECrlON 3-52-42
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
T
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TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL
FORTIN, LEAVY, SKILES, SKETCH #2007-034
L29
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~31 -' TRACT D-10
c<l 3 {AVENTURA TENTH ADDITION
-' L3 ~ PLAT BOOK 136 PAGE 92
L3S:J __--~
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"
GRAPHIC SCALE
o
o 60
~
120
]
240
I
( IN FEET )
1 inch = 120 It.
r
I Date 10/21/08
Scale 1"=120'
Job. No. 081267
Dwg. NO.1008-109-1B
Sbeet 3 of 4
Drawn By
Cad. No.
SKETCH OF DESCR/PTlON
MAP
081267
F ORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUl\.1BER: 00003653
180 Northeast 168th. Street I North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-65l-7152 / En1.ail fls@flssurvey.con1
Ref. Dwg.
2007-034
Plotted:
'0/22/08 9:340
,~
Drawn By
Cad. No.
Ref. Dwg.
Plotted:
MAP
081267
2007-034
10/22/08 9340
EXHIBIT 1
EXHIBIT 1
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TURNBERRY ISLE RESORT
& COUNTRY CLUB
A VENTURA MALL
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1\10
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9
LOCA T/ON SKETCH
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street / North Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 I En."lail fls@f1ssurvey.con.1.
TURNBERRY ISLE RESORT
& COUNTRY CLUB
GOLF COURSE
EXHIBIT 1
I Date 10/21/08
Scale NOT TO SCALE
Job. No. 081267
Dwg. NO.1008-109-18
Sheet 4 of 4
"~~
Exhibit 5
01 & 02-REZ-08
02 & 03-CPA-08
LEGAL DESCRIPTION:
A portion of Tract U, FlFTH ADDJTJON B1SCAYNE YACHT AND COUNTRY CLUB, accord,ng to the plot thereof, os
recorded ,n Plot Book 99 at Page 20 of the Publ,c Records of M,oml-Dode County, Flondo, and being more
particularly described os follows:
Commence at the Southwest corner of Tract 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: 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 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 52.68 feet to 0 point on 0 circular curve concave to
the Northwest and whose radiUS po,nt bears N64'51' 11 "w, the lollowing three (3) courses being along the exterior
boundary of said Tract B-10; 1) thence Northeasterly along a 170.00 loot radius curve leading to the left
through 0 central angle of 12'54'24" for on ore distance of 3829 feet to 0 pOint of tangency; 2) thence
N 12' 14'25" E for 11201 feet to 0 pOlOt 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 ore d,stonce of 21.49 feet to the Point of
Beginning.
AND
-
Commence at said Southwest corner of Tract B- i 0; thence S 02'40'32" E along the Westerly l>ne of Tract C-10
of said AVENTURA TENTH ADDITION, and said Easterly right 01 way line of West Country Club Drive for 30.99 feet
to the Point of Beginning, also be>ng 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 leet to 0 point of curvature;
2) thence Southeasterly along 0 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 ADDlTJON 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 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 0 non-tangent point; thence N 28'44'49" W for 4373 feet; thence N 03'20'32" W for 24.05
feet; thence N 21'07'43" E far 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 righf
throJgh 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 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 a circular curve concave to the Northwest and whose radius point bears N64'51'l 1 '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 0 170.00 foot radius curve leading to the right through 0 central angle of 62'10'39" for on arc distance
of 184.48 feet to the Point of Beginning
~~
Drawn By
Cad No.
Ref Dwg
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
2007-034
FORTIN, LEAVY, SKILES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORJDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168m. Street I North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152/ En..ail fls@flssurvey.com
Plotted;
10/22/08 9:340
....--..
EXHIBIT A
SURVEYOR'S NOTES:
- This site lies in Section 3, Township 52 South, Range 42 Eost, City of Aventura, Miami-Dode County,
Florida
- Beorings 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
- Londs shown hereon were not abstracted for easements ond/or rights-of-way of records.
- Easements per said Plot Book 99 at Page 20 not shown os requested
- This IS not a "'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 are based on Fortin. Leavy, Skiles, sketch #2007-034
SURVEYOR'S CERTIFICATION:
1 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 Board of Professional Surveyors and
Mappers in Chapter 61 G 17 - 6, Florida Administrative Code. pursuant to Section 472.027, Florida Stotutes.
"Not valld without the signature and the original raised
seal of a Florida Llcen u eyar and Mapper"
.-
:OR:~N,,~53~
Surveyor and Mapper, LS2853
State of Florida.
,,~
21'11'17-1'134
r SURVEYOR NOTES AND CERTlFICA TlON
FOR TIN, LEAVY, SKILES, INC.
CONSULTlNG ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORJZATION Nt.JMBER: 00003653
180 NorLb.east 168m. Street: / North Miami Beach. Florida. 33162
Phone: 305-653-4493/ Fax 305-651-7152 I Email fls@flssurvey.com
I Date 10/21/1'18
Scale NOT TO SCALE
Job No. 1'1081267
Dwg No. 1008-109 -2BR
Sheet 2 of 4
Drown By
Cad. No
Ref. Dwg.
MAP
1'181267-1
Flotted:
10/22/08 9:340
,-
EXHIBIT A
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\
\
\
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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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I POINT OF ~
BEGINNING ~
t - _N~T~'~"~ - -1qQ~' ~
A=10015'44"
\ R=120,OO'
L=2149'
7000' ~
~~';/Bo6oKw~~ TRACT [8-iO
PAGE 20 ."~ \ AVENTURA TENTH ADDITION
'" PLAT BOOK 136 PAGE 92
'"
~~ POINT OF
r COMMENCEMENT
~ ~ \ I s, W CORNER OF TRACT B-lO
o '" I
~3 .~\ TRACT C-10
~ u ~ II PLAT BOOK 136 PAGE 92
;~ Z\ 11 _ _
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~ EX1IRIOR BOUNDARY LINE
OF TRACTS 8-10 AND
TRACT U
A=12054'24"
R=170.00'
L=38.29'
RB=N64051 '11 "W
.w
N.
"'01
oo:..q
" 0 ....J
Nn
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~ 13.00' I
RIGHT Of WAY
PLA 1 BOOK 99
PAGE 20
GRAPHIC SCALE
.04-0 80 160
I I I
IN FEET )
1 inch = 80 It.
-'
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
<'70
L9
I-
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LLI
S
7300'
R\GH1 Of :~~
PLA 1 BOO
PAGE 20
\
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\
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SOUTH UNE OF "TRACT U
L5
--~FwTR~~~N~~ TRACT HH
r SKETCH OF DESCR/PTlON
FORTIN, LEAVY, SKILES, INe,
CONSULTlNG ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast: 168th. Street / North lv1iarni Beach, Flol-ida. 33162
Phone: 305-653-4493.1 Fax 305-651-7152 J Email fls@flssurvey.com
A=0059'39"
R=4286.18'
L=74.37'
RB=N86031 '53"E
LINE TABLE
LINE LENGTH BEARING
L1 14773 502"40'32"E
L2 52.68 569'21 '03"W
L3 112.01 N12"4'25~E
L4 36.00 S02'40'32"E
L5 211.4 N81'OO'39"E
L6 4373 N28'44' 49"W
L7 24.05 N03'20'32'W
LB 71.73 N21'07' 43"E
L9 35.71 S87'27' 34"W
LlO 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
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AVENTURA MALL
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MAP
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LOCA nON SKETCH
081267-1
2007-034
EXHIBIT A
\ F.'",~ TURN BERRY ISLE RESORT
& COUNTRY CLUB
w GOLF COURSE
>
~ I\TURNBERRY ISLE RESOJRT
:::l & COUNTRY CLUB
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FORTIN, LEAVY, SKILES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AlJTHORIZATION NUMBER: 00003653
180 Northeast. lo8th. Streec.! North Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 / En'lail fls@flssurvey~com
EXHIBIT A
~
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 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 \he 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
Architecls, Engineers, Lobbyists, Efe.)
Alloy-net!
i
A!fpYl1tj
~..AJ6/.o 6 G-IL
0u R.- (}8f( ole,
l11,e "'AeL. ;t!"R.1U!j1U)
Je~~ /3cs.l2eDW
~,..., ~ 0 Hl!!f:U 1#
DA.Nlel- he-TII\)
(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 FORTHE
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 OFJ':, AJ6
, ZOo!..
AUTHORIZED REPRESENTATIVE OF APPLICANT:
OWNER
/'"
"I
By:
By:
(Signature)
(Si~ture)
Name: -=:Ie
J.Jtrint)
Title: ~N".t.J"
(Print)
Sell
?"tQ;T1.J~
Address: 1995) ~ a,,~ ~8 A
I~ 'a
~eA, S~180
Name:
Title:
Address:
SWORN TO AND SUBSCRIBED BEFORE ME this f day of...;;rwJE.
.Q~.. 6).0'0
,,~,~\~.lf;L~1' Ania. Be Zeigler
..;, - ".~ . . "/'" . . - . (:~...., '" .-\ .
.)/ ,A. \,,~:: Ct\mmission # DD~t:,j(lb') ,
lliill :<.. ,,,, . "3 ?(""'"
..'...~'<...if~ Expires ..;une- ,; ,,,.<.i' U .
";~~:FXI~f~" fi(...~l'\"i'!d r,C'!! I::altl ~ Inb...rl;)hCO, In(: P,Dtl.3~)S.-70i'.:;
4~-
"",--.
BUSINESS RELATIONSHIP AFFIOA 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 pOl1ions only)
[l(1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
I J 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows:
(Ust name of Commissioner OT 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;
[J ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
Iisled on any national or regional slock exchange) or joint venlurer with the Applicant or Representative in any
business venture;
! ] iii. The Applicant OT Representative is a Client of a membeT of the City Commission or Board or a Client of another
professional working from the same office or for the same empbyer as the member of the City Commission or
Board;
fJ 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 moTe than $10,000.00 of tile business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
I ) 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 the Applicant or Representative in a given calendar year.
-l- DAY OF J:..~ ,20oe
APPLICANT:
,20oB
(Signature)
(Plint)
(PrinQ
'The terms "Business Relationship: 'Client: "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code"
'1 t-~ :s u /IJ....
WITNESS MY HAND THIS ~ ~A Y OF ,200.L
REPRESENTATIVE: (Listed on Business Relalionship Affidavit)
By: (Signature) By: (Signature
Name: J~~y &rbfW (Print) Name: (Print)
T;tl, M+ ~ (Print) Title: (Print)
B:7f ~. "~ature) By: (Signature
Name: M. i c.:....V\~t \ M. (1. '( '(Prin?) Name: (Print)
Title f\+\-1 (Print) Title: (Print)
By: (Signature) By: (Signa/ure
Name: (Print) Name: (Print)
Title (Print) Title (Print)
By: (Signature) By: (Signature
Tille: (Print) Tille: (Print)
~,." Tille: (Print) Title: (Print)
By: (Signature) By: (Signa/ure
Tille (Print) Tille: (Print)
Tille (Print) Title: (Print)
By: (Signature) By: (Signature
Title (Pn'nl) Title: (Print)
Tille: (Print) Tille: (Print)
NOTE: 1) Use duplicate sheets jf 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
i.fW ,200&
WITNESS MY HAND THIS -DAY OF .j Ui j'J r;:;
REPR~~A TIVE; (List~d on _B~:iness Relationship Affidavit)
B#~Y~ (Signature) By: (Signature
Name:l:v\'-'iCc.. C. 1:=l;;J~_'l/d (Print) Name: (Print)
Titl r,\,u (Print) Tille: (Print)
By: By (Signature
Name: '\\\0\1.\'6 a~C0p... (Prinr) Name: (Print)
Title: ()~ ,..i (;;..-...L. (Print) Tille: (Print)
By: (Signature) By: (Signature
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Title: (Print) Title: (Print)
By: (Signature) By: (Signature
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Title: (Print) Title: (Print)
By: (Signature) By: (Signature
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By: (Signa/ure) 8y: (Signa/ure
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NOTE: 1) Use duplicate sheets jf disclosure information for Representative varies
2) Applicants and Aftiaots 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
S~WJ\WS\JBW;J!.~'5~;~~\\ll~~~\~' ~Y)ij7T~
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STATE OF FLORIDA )
COUNTY OF MIAMI. DADE)
Berore me, ltie undersigned aulhority. personally appearedt{ 1,11&k- (
executed this Affidavit for the purposes slaled lherein and thai it is true and correcl
....--. AFFIANT
SWOOIlLlQAtllr1SUBSGflI8~t}c,b,e101:eme'l!'is~'~r\~~l,l k.f1/ , 20Q~ ,/7
ii u ~ ~I.i d:JICiry pU:j!;t, St1!Ii' t" !'"'''''''' :' "
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eing firsl by me duly swom did swear or affirm thai he/she
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STATE OF FLORIDA )
COUNTY OF MIAMI.DADE)
BelDre me. Ihe underSigned authority personally appeared
executed this Affidavit for the purposes slaled Iherein and that iI is lrue Dnd correct
the Affianl. who being first by me duly swam. did swear or affirm ll1al he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day 01
,200_
Nolary Public Slale 01 Florida AI Large
Printed Name of Notal)'
My commission expires:
5T A TE OF FLORIDA )
COUNTY OF MIAMI"DADE)
Belore me, the undersigned DUthOrity, personally appeared
executed this Affidavit for the purposes stated therein and that iI is true and CllrrecL
the Affiant, who being first by me duly swom, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200
Notary PUblic Stale of Florida At Large
Printed Name of NOlilry
My commission expires:
-
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MlAMl,DADEj
Belore me the undersigned aulhonly personally appeared ~!- C . fi1tT'~
Executed this Alr.da~it lor Ul€ purposes slaled therein and thaI it is lrue and correct
Notary Public State Of Flonda
Susan P Kay
My Commission 00767544
Expires 04/06/2012
~V~
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, \he undersignelJ aulhotily. personally appeared1' 'w- -, e/l,
executed this Affidavit for \he purposes slaled therein and that i\ is lrue and cone<:l
swo
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Notary Public State of Florida
Susan P Kay
My Commission 00767544
Expires 04/0612012
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NO~Pu.\llic ~ or2frlda At Large.
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Printed Name of Notary y ,/
My co mission expires: - t; <dO J J-
AFFIA
2001" L.<-u I fj-L!
Nql,al)' Public ~te ~IO~ Al ye /
..J. U~41'1 . 4-
Printed Name of Notary
My commission ~pires: Y' - /, <JtJ/ d-
STATE OF FLORIDA )
COUNTY OF Mw.lI-DADE}
Before me, \he undetsigfl€d authority. personally appeared
executed Ihls Affidavit for the purposes slaled therein and that il is flUe and correct
\he Affiant. who beil19 first by me duly swom did swear or atflfTll\hat he/she
SWORN TO AND SUBSCRIBED before me this _ day of
AFFIANT
J
.200_
Notary Public Slale of Florida AI Large
Printed Name or Notal)'
My commlsslon expires:
STATE OF FLORIDA )
COUNTY OF M1AMI,OADE)
8elore me, lI1e undersigned auUJOfily, personally oppealild
exeruted lhis Affidavit for \he purposes s1ated lhElein and lhat il is lrue and correct
\he Affiant. who beil19 flrsl by me duly sworn, did swear or affirm 1l1at he/she
SWORN TO AND SUBSCRIBEO before me lIlis _ day of
..",-..
AFFIANT
. 200_
Nolary Public Slate of Florida At Large
Printed Name of Notary
My commission expir~:
-
NOTARIZATION PROVISION
s
!~ .
~or",1
Betty Llerena
My Commissior. D0524988 ,
Expires 03105/20 1 ~ 1
- -.--"-. .-._._-~...-=~~
STATE OFFLORIDA )
COUNTY Of MlAMI,DADEj
Before me, 1M undersigned au\/lorily, pe/1;nnally appearedt't \,I1~ I
exeClJted this Affidavi\ for 1I1e purpo>es slaled ll1erein and 11>31 it is true and correct
!~~
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Notary Public State oTFlOrid8 .
BetI.y Llerena "
My CommisSion D0524988 :
cxvims 0310512010 I
---=~~-'...,..".
eing flsl by me duly swom. did swear or alflrm \/lat he/she
s
STATE OF FLORIDA )
COUNTY OF MIAMI.DADE}
Berore me. the undersigned aulhority. persooally appeal!! ~:
execulcd thiS Alfidavil for the purposes slaled theJein and thalli is true ond correct
or ilffil11llllat he/she
SWORN TO AND SUBSCRIBED before me \his -4 day of
.>~"t~f!! s;:;.~~;~:?", >
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"">'f..~~;E?~"'> f;(;~:~ '::n~r F~I" .1fl"tlrdn(:(~, \;;(' (:.::<:-.~.:".'
~o-rA?-!ze
~
STATE OFFlORIDA )
COUNTY OF MIAMI.DADE)
Before me, the undelsigned oulhnrily, pe/1;onally appeared
execuled this Affidavil for the pUlJloses slaled thlMeill and ilIal il is lrIJe and correct
\he Allian~ who being fi~1 by me duly swom, did swear or afnl1lllhal helshe
AFFIANT
SWORN TO AND SUBSCRIBED befOfe me \his _ day 01
.200_
Nolilry Public Stale of Florida Al large
Prinled Name of NOIary
My commission expires:
/~
ORDINANCE NO. 2009-
-
AN ORDINANCE OF THE CITY OF AVENTURA, 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 Designation. 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 Vice Mayor Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Joel, 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
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
ATTEST:
TERESA M, SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
,';~
t----1Il hrI
CITY ATTORNEY
-
EXHIBIT -A.
LEGAL DESCRIPTION:
A portion of Tracts A-10 and 8-10, AVENTURA TENTH ADDITION, according to the plat thereof, as recorded in
Plot Book 136 at Page 92 of the Public Records of Miami-Dade County, Flonda, ond being more particularly
described os follows:
Begin at the most Westerly Northwest corner of soid Tract A-10, the following three (3) courses being along the
extenor 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 purve
leading to the right through 0 central angle of 138'25'38" for on arc distance of 289.92 feet to 0 non-tangent
point, the foliawing 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 4108'16" 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 0 400.00 foot radiUS curve leading to the right through 0
central angle of 17'56'41" for on arc distance of 12528 teet to 0 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 0.30 feet to 0 point on 0 circular
curve cancove to the Southwest and whose radius pOint bears S86'59'06"W; thence Northwesterly along 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 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 28.74 feet; thence S 48'38'02" W for 23.57 feet, thence
N 41'11'14" W for 3103 feet; thence N 87"02'24" W lor 13.93 feet: thence S 48'32'04" W for 79.44 feet; thence
S 06'10'31" W for 623 feet, thence S 72"05'05" W lor 2641 feet to 0 point on 0 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 leading to the right through 0 central angle of 178'55'58" for an arc distance of
243.15 feet to a 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 42'22'03" W for 16.97 feet, thence S 02"37'55" E tor 47.13 feet;
thence S 87"30'53" W for 6156 feet to a pOint on the Westerly line of said Tract A-10, also being the Easterly
fight 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 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 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 SOld Tract B-10i 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 a 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
1081267
r
LEGAL DESCRIPTION
I Date 110/21/108
Scale NOT TO SCALE
Job. No. 1081267
Dwg. NO.1iOi08-109-1B
Sheet 1 of 4
210107 -10.34
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653
180 NOrtheast 168th. Street (North Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 I En"1ail fls@flssurvey.com
Plotted:
10/22/08 9,340
EXHIBIT A
SURVEYOR'S NOTES
- This s,te lies In Section 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 nght of woy 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 containing 117,167 square feet. or 269 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 on October 21, 2008,
and meets the Minimum Technical Standards os set forth by the Florida Boord of Professional Surveyors and
Mappers in Chapter 61G17-6, Florido Administrolive Code, pursuont to Section 472.027, Florida Statutes
"Not valid wllhout 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.
MAP
081267
r
SURVEYOR NOTES AND CERT/FICA T/ON
I Date 10/21/08
Scale NOT TO SCALE
Job No. 081267
Dwg. No 1008-109-1 B
Sheet 2 of 4
Ref, Dwg.
2007-034
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CER TIFICA TE OF AUTHORIZATION NUMBER, 00003653
180 N'ortheast 168th. Street I North Miami Beach, Florida. 33162
Ploone: 305-653-4493 I Fax 305-651-7152 I En...ail fls@flssurvey.com.
Plot led:
10/22/08 9:340
'A= 138025'38'
R=120.00'
L=289.92
EXHIBIT It
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TRACT A-~O
AVENTURA TENTH ADDITION
,PLAT BOOK 136 PAGE 92 ____
(
TRACT U
\-3
r EXTERiOR BOUNDARY LINE
OF TRACT 8-10
FIFTH ADDITION
BISCA YNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
<9'
EXTERIOR BOUNDARY LINE \
OF TRACT A-iQ ~
I ~(~"05T WE5TERLY N.W CORNEIt-- ------ ---
I Z OF T11ACT A-10 ______------
W ---
\ 2 ---
w ~ (0"0,,
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100 \--
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IV-WESTERLY LINE or TRACTS A-10 &.- 8-10
AND EASTERLY R1GH T OF WAY LINE Of
WE5T COUN TRY CLUB DRIVE
1A=76034'58"
R=43.43'
L=58.05'
/ RB=S86059'06"W
A=1 r56'41"
R=40000'
L=125.28'
L 15 ':>
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A= 178055'58"
R= 7786'
L=243.15'
RB=S7702235"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
U 18.00 N69'06'15"E L23 47.13
L4 193.28 541'08'16"[ L24 61.56
L5 60.00 569'22'0."E L25 155.58
L6 8350 S5T28'02"W L26 63.18
L7 87.05 N41"' 4'20"W L27 16.77
L8 0.30 N50'29'30"E L28 33.67
L9 0.37 S48'O-4'50"W L29 120.69
Ll0 27.49 N4'"22'S9"W UO 42.01
Ll1 10.09 S48'3S'33"W Ul 4145
L 12 28.74- N4-1"27'47"W L32 39.61
L 13 23.57 5'8'38'02"W U3 62.28
LH 31.0J N41'11'14"W U4 24.13
L15 13.93 N8T02'24"W L3S 15.34-
L16 79.44- S4S"32'04"W U6 34-.14
L17 6.23 506 'I 0' 31"W L37 13242
L18 26.41 S72'OS'OS"W UB 74-,14-
L19 2818 S8T31'08"W U9 1988
L20 36.67 N40'SD'17"w LiO 62,46
~
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\
\
\
\
\
\
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BEARiNG
S8T22'02"W
S42'22'03"W
502'37'SS"[
58T30'S3"W
N02'40'32'W
N8T26'47"[
N42'26'47"E
N02'33'13"W
N87'26'47"[
S02'33', J"E
587'26' 4]"W
$02'33'13"E
N87"26'47"E
$02'33'13"E
58T26"7"W
502'33'13"E
587"26'47"W
N02'33'13"W
N47"42'3S"W
N02'40'32'W
\
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o ~ ~o I L: 79 84'
;,: :: RB=S29022'29"E:;';3\
>- t j: ~___~e~io\~~'1__-0:y:L26 <r
~ ~I\ ~ <
Z ~ ~ I POINT OF :5 co 0'.9
:J ~ ~ I BEGINNING ~
8 1~\1 /~EXTERIOR BOUN~:R: LINE
f- 7300' I OF T11ACT B-l0
({) ;;C ~
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SOUTH LINE OF SECTION 34-51-42
NORTH LINE orSEcr;-ON 3-52-42
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AVENTURA TENTH ADDITION
PLA T BOOK 136 PAGE 92
T
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A
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TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL
FORTIN, LEAVY, SKILES, SKETCH #2007,034
L29
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(")
~31 --l TRACT D-~O
(") 3 {AVEN.TURA TENTH ADDITION
--l L3 '<t PLAT BOOK 136 PAGE 92
L35 ~ _ _ - - ~
ill 7
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GRAPHIC SCALE
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60
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120
I
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FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
( IN FEET )
I inch = 120 ft
(
I Date 10/21/08
Scale 1 "=120'
Job No 081267
Dwg. No. 1008-109-18
Sheet 3 of 4
Drawn By
Cad. No.
SKETCH OF DESCRIPTION
MAP
081267
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORlZA TION NUMBER: 00003653
180 Northeast 168th. Street: I Nort:h Miami Beach, Florida. 33162
Pl1one: 305-653-4493 I Fax 305-651-7152 / En.lail fls@flssurvey.con.
Ref. Dwg.
2007 -034
Plotted:
10/22/08 9:340
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2007-034
10/22/08 9340
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CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLOIUDA CERTIFICATE OF AUTHOR.IZATIONNUMBER: 00003653
180 Nonheast 168th. Street I North Miami Beach, Florida_ 33162
Pl-'lone: 305-653-4493 I Fax 305-651-7152 I En"lail fls@flssurvey.con'l
TURNBERRY ISLE RESORT
& COUNTRY CLUB
GOLF COURSE
EXHIBIT A
I Date 10/21/08
Scale NOT TO SCALE
Job No. 081267
Dwg. No 1008-109-18
Sheet 4 of 4
./..-,.."
EXHIBIT l!
LEGAL DESCRIPTION:
A portion of Tract U, FlFTH ADDJTlON BJSCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os
recorded In Pial Book 99 at Page 20 of the Public Records of MiamI-Dade County, Florida, and being more
porticulorly described os follows:
Commence at the Southwest corner of Tract B-10, AVENTuRA TENTH ADDITJON, 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 8-10, also being the Easterly right 0' way line of West
Country Club Dnve 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 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 rad,us curve leading to the left
through a central angle of 12'54'24" for an arc distance of 38,29 feet to 0 point of tangency, 2) thence
N 12'14'25" E for 11201 feet to 0 point of curvature; 3) thence Northeasterly along 0120.00 foot radiUS curve
leading to the fight through 0 central ongle of 10'15'44" for on orc 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 along the Westerly line of Tract C-10
of said AVENTURA TENTH ADDITION, 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 4510,66 foot radius curve leading to the left through 0 central angle of 6'1B'50"
for an arc distance of 497.07 feet to the Northwest corner of Tract HH of said FIFTH ADDlTION BlSCAYNE 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 0 circular curve concave to the Northeast and whose rad,us poont bears N81'00'38"E; thence Northwesteriy
along 0 429922 foot radIUS curve leading to the right through 0 central ongle of 3'48'14" for on arc distance
of 28543 feet to 0 non-tangent point; thence N 28'44'49" W for 43,73 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 circulor curve concave to the Northeast and whose
rad,us point bears N86'31'53"E, thence Northwesterly along 0 4286,18 foa\ radius curve leading to the right
through 0 central angle of 0'59'39" tor on arc distance 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 00'35'40" 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 the exterior boundary of SOld Tract U; thence Southwesterly along soid exterior boundary of Tract U, also being
along 0 170,00 foot radius curve leading tc the right through 0 central angle of 62'10'39" for on arc distance
of 184.48 feet to the Point of Beginning,
~~
..f~ Dra wn By ( LEGAL DESCRIPTION I
MAP Date 10/21/08
Cad No, 081267-1 Scale NOT TO SCALE
Ref Dwg, FORTIN, LEA VY, SKILES, INe, Job No 081267
2007-034 CONSULTING ENGINEERS, SURVEYORS &. MAPPERS
FLORIDA CERTIFICATE "OF AUTHORl2ArIO}'-.;N'UMBER: 00003653 Dwg No 1008-109 -2BR
Plotted' 10/22/08 9:340 180 Northeast 168m. Street / North lY.1ia:rni Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-6.51-7152 / En'lail fls@flssurvey.com Sh eet 1 of 4
EXHIBITB
SURVEYOR'S NOTES
~ This site lies in Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County,
Fiorida
- Lends shown hereon were no1 abstracted tor easements and/or rights-of~woy of records
- Bearings hereon are referred to an assumed vOlue of S 02'40'32" '-- for the Easterly right of way line of
West Country Club Drive
- Easements per said Plot Book 99 at Page 20 not shown as requested.
- This IS not 0 "Boundary Survey" but only 0 graphic depiction of the descnptlon shown hereon
- Lands shown hereon containing 117, 17l square feet, or 2_69 ocres, more or less
- Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2007-034.
SURVEYOR'S CERTIFICATION
] hereby certify that this "Sketch of Description was mode under my responsible charge on Octaber 21, 2008,
and meets the Minimum Technical Standards os set forth by the Florida Boord of ProfeSSional Surveyors and
Mappers In Chapter 61Gi 7-6, Florida Administrative Code, pursuant ta Section 472.027, Florida Statutes
"No1 valid w'llhoul1he signalure and the original raised
sea~ oi a Florida licen ~ eyor and Mapper"
,~
::R~~~"~C~53~
Surveyor and Mapper, LS2853
State of Florida
Drawn By
Cad No
r SURVEYOR NOTES AND CERT/F/CA nON I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street / N.orth Mia..rni Beach, Florida. 33162
Phone: 305-653-4.q93 I Fax 305-651-7152 I Email fls@f1ssurvey.com
MAP
081267-1
Ref Dwg
2007 -034
Flotted:
10/22/08 9:340
Date 10/21/08
Scale NOT TO SCALE
Job No 0081267
Dwg. No 1008-109-2BR
Sheet 2 of 4
-
EXHIBIT!;;
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R1GHT OF WA,Y
PLA 1 BOOK 99
PAGE 20
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RB=N64051'11"W
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLA T BOOK 99 PAGE 20
A=6201o.'39"
R=170,o.O'
L=184,48'
RB=N64051 '11 "W
7~OO'
R\GH1 OF WA9~
PlA 1 BOOK
PAGE 20
SOUTH LINE 01' TRACT U
(
SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INC.
CONSULTlNG ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER; 00003653
180 Northeast 168th. Stre:el: / Non:h l'v1ian:l.i Beach, Florida" 33162
Phone: 305.653-4493/ Fax 305-651-7152" Email fls@flssurvey.com.
GRAPHIC SCALE
<0
I
80
I
J60
I
( IN FEET )
I inch = 80 It
A=0059'39"
R=4286.18'
L=7437'
RB=N86031 '53'E
LINE TABLE
LINE LENGT=H
11 14-7.73
L2 52 68
L3 112.01
L4 36.00
L5 211.4
L6 43 73
L 7 24 05
L8 71.73
L9 35.71
L10 61.79
l11 66.67
BEARING
SG2"40'32~E
569'21 'o3"w
N12"14'2S.E'
S02'40'32~E
N81'OO' 39"[
N28"44'49.W
N03'20' 32"W
N2l"07' 4YE
S8T27'34'W
N4S'Sg" -34~W
NOO'3S' 40'E
A=3048'14"
R=4299.22'
L=285.43'
RB=N81000'38"E
NOR~ UNE or TRACT HH
PLAT BOOK 99 PAGE 20 ~~
I
Date 10/21/08
Scale 1 "=80'
Job, No. 081267
Dwg, No 1008-109-28R
Sheet 3 of 4
EXHIBIT~
S 111:
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TURN BERRY ISLE RESORT
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GOLF COURSE
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( LOCA nON SKETCH
FORTIN, LEAVY, SKILES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORlZATJONN'UMBER: 00003653
180 N"ortheas't 168th. Screet: / North 1'v1iami Beach, Florida. 33162
Phone: 30.5-653-4493 j Fax 305-6:51-7152 I Email fls@flssu[""\<-ey.com
I Date 10/21/08
Scale NOT TO SCALE
Job. No. 081267
Dwg NO.1 008-1 09 - 2BR
Cad No
081267-1
Ref Dwg
2007-034
Plolled:
10/22/08 9:340
Sheet 4 of 4
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Commission
Eric M, Soroka, ICM
City Manager
Joanne Carr, AI
Community Deve
May 11, 2009
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-08 - Small Scale Amendments)
and
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, to 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 Items 4A & 48
City Commission Meeting Agenda Items 7 A & 7B
City Commission Meeting Agenda Item ~ f)
The above noted applications were recommended by the Local Planning Agency and
approved on first reading by the City Commission at public hearings on May 5,2009,
At the Local Planning Agency public hearing, a resident of an adjacent residential
development, Turnberry on the Green, advised that she had seen the property posting
signs but had not received mailed notice of the applications.
For clarification, staff wishes to confirm the public notice provisions of the City Code and
confirm that those provisions were fulfilled,
Section 31-71(e) of the City's Land Development Regulations contains the provisions for
public hearing and notice procedures, This section requires that all public hearing and
notice requirements be provided in accordance with the provisions of Florida Statutes
Section 163.3184(15) for a change to the adopted Future Land Use Map and in
accordance with Florida Statutes Section 166,041 for adoption of ordinances and
resolutions and the City's quasi-judicial legislation, The Florida Statutes sections regulate
the size, number and timing of published notice,
The City Code section provides as follows:
. Notice of the time and place of the public hearing describing the nature of the
application and street address of the property is to be published in a newspaper of
general circulation in the City not less than ten (10) days prior to the public hearing,
. A courtesy notice containing substantially the same information in the published
notice may be mailed to property owners of record located within a radius of 300
feet of the property described in the application or such greater distance as the City
Manager may prescribe; however, failure to mail or receive such courtesy notice
shall not affect action or proceedings taken under this section.
. The property is to be posted no later than ten (10) days prior to the hearing in a
manner conspicuous to the public by a sign or signs containing information
concerning the application including the applied for zoning action and time and
place of the hearing,
. All costs of advertising, mailing and posting is to be paid by the applicant.
For the applications for comprehensive plan amendment and rezonings subject of this
report, the following public notice was made:
. An advertisement was placed in the Miami Herald newspaper on April 22, 2009,
. Courtesy notice was mailed to 529 property owners within a 300 foot radius of the
north and south parcels on April 24, 2009, The applicant submitted a notarized list
of property owners, a radius map showing all properties within 300 feet and mailing
labels, The mailing list included all unit owners of record of Turnberry on the Green,
Bonavida and the commercial properties on the west side of West Country Club
Drive,
. Two property posting signs were erected on April 21; one in front of the northerly
site and one in front of the southerly site,
At the second reading public hearing, the City Attorney will announce a sign-in form for any
member of the public interested in receiving an informational statement concerning
publication of the state land planning agency's notice of intent on these applications,
2
The newspaper advertisement, property posting signs, courtesy mailing notice and sign-in
form for the state information satisfies the procedures for public notice in Section 31-71 (e)
of the City Code, The applicant has paid to the City a deposit of $10,000 to cover the cost
of these public notices.
3
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, tp 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 H
City Commission Meeting Agenda Item ("}'(.2-
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
i"--
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,
e_
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
.1fr.......
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
n u rserylma intenancelstorage
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 B2 to ROS for northerly 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 properly 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 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 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 B2 for the southerly 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 maintenancelstorage area next to
the residential zone will be a benefit to the neighbors. The current height and
setback restrictions in the B2 zone when next to a residential zone will ensure that
any future development is compatible,
3, Whether or not the subject properly 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 B2 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 B2 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 B2 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, I n 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
~.
-;J
BERCOW RADELL ~ FERNANDEZ
ZONING. LAND USE AND ENVIRONMENTAL LA'^'
DIRECT LINE (305) 377-6238
E-Mail mmarrero@BRZonlngLawcom
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; Zoning District
Comprehensive Land Use Amendment
Chano-e
:::>
Rnd
Dear Joanne:
..~,
This law firm represents TB Isle Resort, LP with regard to Ih,~
improvements and redevelopment of the Fairmont Turnberry Isle Resort Sr: 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 Propelv
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 (the
"Recreation Area") to the ROS zoning district and Parks and Recreation
designation on the City's Future Land Use Map. In turn, tbe
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 Map. The
amount of land that is located in each zoning district would not changel 81m ply
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" is 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 FINANCIAL 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 culturat educational and civic facilities;
e. Parks;
f. Waterways; and
g, Uses accessory to any of the above uses when located on the sante plot.
There is no detailed description of 1/ 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
BERCOW RADELL ~ FER NAN DEZ
ZON1NG. LAND USE A.ND ENVIAON.......,ENTAL 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 elenlent 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,
BERcaw RADELL lSt FERNANDEZ
ZONING. LAND USE AND ENVIAONI"V1ENTAL LAVV
Ms, Joanne Carr
May 15, 2008
Page 4 of 4
Conclusion. The proposed amendments to the Cit/ 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 anlOunt of
ROSjParks and Recreation and B2jBusiness and Office land will remain 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,
BC:RCOW RAOC:LL & Fc:RNANDEZ
::ZONING. LAND USE AND ENVIAONrvlENTAL LA'^'
...........
BROWARD COUNTY
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Railroad
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,1
ENVIRONMENTAL CONSULTANT
"568No~73rdManor/Parl\land.FlorkIa330~
Pho~,"""'F,,"54)_,"""7" ' "'''/M 'n_..._'...
- - -
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, 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:
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 a point of curvature; 3) thence Northeasterly and Southeasterly along a 120.00 foot radius curve
leading to the right through a central angle of 138'25'38" for on arc distance of 289.92 feet to a non-tangent
paint, the fallowing 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 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 a
central angle of 17'56'41" for an 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 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 43.43
foot radius curve leading to the left through 0 central angle of 76'34'58" for an arc distance af 58.05 feet to 0
nan-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 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 72'05'05" W for 26.41 feel to 0 point on a circular curve cancave to the
Northwest and whose radius point bears S77'22' 35''W; thence Southeasterly. Southwesterly and Northwesterly along
o 77.86 foat radius curve leading to the right through a central angle of 178'55'58" far an arc distance of
243.15 feet to a 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 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 an 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 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 far 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 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 a paint on a circular curve concave ta the Southeast and whose
radius point bears S29'22'29"E; 6) thence Southwesterly along a 120.00 foot radius curve leading to the left
through a 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.
,.~
Dra wn By
Cad. No.
MAP
081267
r LEGAL DESCRIPTION
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZA TION NUMBER, oooa3653
180 Northeast 168th. Street / North Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 / Eniail fls@f1ssurvey.com
I Date 10/21/08
Scale NOT TO SCALE
Job. No. 081267
Dwg. No" 1008-109-18
Sheet 1 of 4
Ref. Dwg.
2007-034
Plotted:
, 0/22/08 9:3+0
EXHIBIT 1
SURVEYOR'S NOTES:
- This site lies ir Section 3, Township 52 South, Range 42 East and Section 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 rights-of-way 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 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 os set forth by the Florida Boord of Professional Surveyors and
Mappers in Chapter 61 G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
"Not valid without 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 Florido
..1,........
Drawn By
Cad. No.
MAP
081267
r SURVEYOR NOTES AND CERTlFICA TlON I
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA 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.conl.
Date 10/21/08
Scale NOT TO SCALE
Job. No. 081267
Dwg. NO.1008-109-1 B
Sheet 2 of 4
Ref. Dwg.
2007-034
Plotted:
10/22/08 9:340
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Ref. Dwg.
Plotted:
A=138025'38"
R=120,OO'
L=289.92'
EXHIBIT 1
TRACT A-"lO
EXTERIOR BOUNDARY LINE
OF TRACT 8-10
TRACT U
FIFiH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
\...'6
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92 _____
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Z OF TRACT A-l0 ___---
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AND EASTERLY RiGH T OF WAY LINE OF
WEST COUNTRy CLUB DRIVE
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R=400.00'
L=125.28'
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A=178055'58"
R=77.86'
L=243.15'
RB=S77022'35"W
LINE
LINE TABLE LINE TABLE
LENGTH BEARING LINE LENGTH
L1 74.76 N89'19' 2B"E L21 27.30
L2 91.48 N20'40'37"E L22 16.97
lO 18.00 N69'06'15"E L23 47.13
L4 193.28 S41'08'16"E L24 61.56
L5 60.00 S69'22'04"E L25 155.58
L6 83.50 S57'28'02"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 S48'04'50"W L29 120.69
L10 27.49 N4I'22'59"W lO0 42.01
L11 10.09 S48'35'33"W lO1 41.45
LI2 28.74 N4I'27'47"W lO2 39.61
L13 23.57 S48'38'02"W lO3 62.28
L14 31.03 N41.1,'14"W L34 24.13
L15 13.93 N81'02'24"W L35 15.34
L16 79.44 S48'32'04"W lO6 34.14
L17 6.23 S06'10'31"W L37 132.42
LI8 26.41 S72'05'05"W L38 74.14
L19 28.18 587'31 '08"W L39 19.88
L20 36.67 N40'50'17"W L40 62.46
B - 10
SOUTH LINE OF SECTION 34-51-42
NORTH LINE orSECTION 3-52-42
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
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TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL
FORTIN, LEAVY, SKILES, SKETCH #2007-034
L29~O
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~31 -1 TRACT D-"lO
C') 33 i AVENTURA TENTH ADDITION
-1 L ~ PLAT BOOK 136 PAGE 92
L_~5:37----~
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BEARING
S87'22'02"W
S42'22'03"W
S02'37'55"E
S81'30,53"W
N02'40'32"W
N81'26'47"E
N42'26'47"[
N02,33,13"w
N87'26'47"E
S02'33'13"E
S87"26'47"W
S02'33'13"E
N87'26'47"E
S02'33'13"E
S87"26'47"W
502'33'13"[
587"26' 47"W
N02'33'13"W
N47'42'35"W
N02'40'32"W
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FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
o
60
I
GRAPHIC SCALE
120
I
( IN FEET )
I inch = 120 It.
240
I
2007-034
FORTIN, LEAVY, SKILES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653
180 Northeast 168th. Street / North Miami Beach. Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com
I Date 10/21/08
Scale 1";120'
Job. No. 081267
Dwg" NO.1008-109-1B
Sheet 3 of 4
MAP
081267
r
SKETCH OF DESCRIPTION
I
I
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\
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CO I
:J I I A=38007'22"
..J \ ;;:- R=120.00'
() ~"'" I L=79,84'
;: ~ RB=S29022'29"E ~r
~~I ~ ~___~8]1~~'1_~~
~ ! \ ~ I POIN~O~~ ~ 311 2? <"s
:J ~ ~ \ BEGINNING :3
8 I I ~ L37
~ ;' ~ EXTERIOR BOUNDARY LINE
7300' OF TRACT B-l0
I
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I :~: I I TRACT U
\ ~3~ I /
"'0.. I I
10/22/08 9:340
"'~
Drawn By
Cad. No.
Ref. Dwg.
Plotted:
MAP
081267
2007-034
10/22/08 9:340
EXHIBIT 1
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FORTIN, LEAVY, SKILES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZA nON NUMBER: 00003653
180 Northeast 168th. Street / North Miami Beach, FLorida. 33162
Phone: 305-653-4493/ Fax 305-651-7152 J En.ail fls@flssurvey.com
TURNBERRY ISLE RESORT
& COUNTRY CLUB
GOLF COURSE
EXHIBIT 1
l Date 10/21/08
Scale NOT TO SCALE
Job. No. 081267
Dwg. NO.1008-109-1 B
Sheet 4 of 4
,~
Exhibit 5
01 & 02-REZ-08
02 & 03-CPA-08
LEGAL DESCRIPTION:
A portion of Tract U, FlFTH ADDITION BJSCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os
recorded In Plot Book 99 at Page 20 of the Public Records of Miami-Dade County, Florida, and being more
particularly described as follows'
Commence at the Southwest corner of Tract B-10, AVENTURA TENTH ADDITION, according to the plot thereof, as
recorded in Plat 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 8-10, 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 02'40'32" E for 14773 feet; thence S 69'21 '03" W for 52.68 feet to a 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 a 170.00 foot radius curve leading to the left
through a central angle of 12'54'24" for an arc distance of 3829 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 12000 foot radiUS curve
leading to the right through a central angle of 10'15'44" for on arc distance of 21.49 feet to the Point of
Beginnin9.
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 right of way IlOe 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'lOg 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 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 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 24.05
feet, thence N 21'07'43" E for 71.73 feet 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 for 3571 feet; thence N 45'59'34" W for 61.79 feet; thence N 00'35'40" E far 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 exterior boundary of Tract U, also being
along 0 170.00 foot radius curve leading to the right through 0 central angle of 62'10'39" for on arc distance
of 184.48 feet to the Point of Beginning
~~
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Drawn By
Cad" No
Ref Dwg.
MAP
081267-1
r
LEGAL DESCRIPTION
I Date 10/21/08
Scale NOT TO SCALE
Job. No. 081267
Dwg. No" 1008-109-28R
Sheet 1 of 4
2007-034
FORTIN, LEAVY, SKILES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NU1v1BER: 00003653
180 Northeast. 168m. Street I North Miami Beach. Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com
Plotted.
10/22/08 9:340
EXHIBIT A
SURVEYOR'S NOTES:
- This site lies In Section 3, Township 52 South, Range 42 East, City of Aventuro, Miami-Dade County,
Flor,do
- Lands shown hereon were not abstracted for easements and/or rights-of-way of records
- 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
- Easements per so,d Plat Book 99 at Page 20 not shawn os requested
- This is not 0 "Bouncary Survey" but only a graphic depiclion 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 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 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 eyar and Mapper"
By'
______~?53--
DanIel C Fort,n, For The~---
Surveyor and Mapper, LS2853
State of Florida
Drawn By
Cad Na
Ref Dwg,
r SURVEYOR NOTES AND CERTlFICA TlON I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORlZATION NUMBER: 00003653
180 No:n:.heast: 1 68th.. Street: I North Miami Beach, Florida. 33162
Phone: 305-653-4493 J Fax 305-651-7152 / Email fls@flssurvey.com
MAP
081267-1
2007 -034
Plotted:
10/22/08 9:340
DaLe 10/21/08
Scale NOT TO SCALE
Job No. 0081267
Dwg. No 1008-109-28R
Sheet 2 of 4
"-
EXHIBIT A
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Plotted:
10/22/08 9:340
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PlA; BOOK 99 U U g UV
PAGE 20 .~ \
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\ ! 5 W CORNER OF TRACT B-IO
~; ~\ I[TRACT C-10
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AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
GRAPHIC SCALE
o 40 SO
~
160
I
( IN FEET )
1 incb = 80 It.
A=12054'24"
R=170.00'
L=38.29'
RB=N64051 '11"W
:::J
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
N.
no>
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A=62010'39"
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RB=N64051'11 "W
7300'
R\GH1 Of WA'l
PLAT BOOK 99
PAGE ZO
SOUTH UNE Of TRACT U
r
L5
TRACT HH
SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATIONNUMBE.R: 00003653
180 Northeast 168th. Street I North Mianl.i Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 ./ Email fls@flssurvey.com
A=0059'39"
R=4286.18'
IL=74.3T
RB=N86031'S3"E
LINE TABLE
LINE LENGTH BEARING
L1 14773 S02'40'32"E
L2 52.68 S69'2"OYW
L3 112.01 N1Z'14'25"E
L4 36.00 50Z'40'3Z'E
L5 211,4 NB1'OO'39"E
L6 43.73 N28+44' 49'"W
L7 24.05 N03'ZO'3Z'W
LB 7173 N21'07' 43'E
L9 35.71 S87'27'34'W
110 6179 N45'59' 34"W
Lll 5567 NOO'35'40"[
A=3048'14"
R=4299,22'
L=285.43'
RB=N81000'38"E
NORTH LINE OF TRACT HH
PLAT SOOK 99 PAGE 20~
I Date 10/21/08
Scale 1 "=80'
Job. No. 081267
Dwg. NO.1008-109- 28R
Sheet 3 of 4
EXHIBIT A
r'0 ~RD
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TURNBERRYISLERESORT
& COUNTRY CLUB
GOLF COURSE
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Drawn By
Cad. No.
Ref. Dwg
MAP
1081267-1
210107-1034
(
LOCA nON SKETCH
I Date 110/21/108
Scale NOT TO SCALE
Job. No. 1081267
Dwg NO.1e08-109-2BR
Plotted:
10/22/08 9:340
FORTIN, LEAVY, SKILES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast. 168th. Street. / Nort:h 1v1ia..rni Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152/ Email fls@flssurvey.com
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 reserved for Clerk)
THIRD AMENDMENT TO RESTRICTIONS
TB ISLE RESORT LP, a Florida limited partnership, the "Developer", as successor in
interest to TURNBERRY 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 subj ect 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-I11949, 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."
n A portion of said Tract V (originally known as Tract AA) was Pleviuusly
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 V 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 V
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 V and Tract S are now required to complete
and implement the golf course and country club master plan and associated
improvements, Once reconfigured:
a, Tract V will be known as Tract V-I, and the total acreage of Tract V-I
will remain the same as that of Tract V at 241 acres more or less; and
b, Tract S will be known as Tract S-I, and the total acreage of Tract S-l will
remain the same as that of Tract S 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 V-I, being a reconfiguration of Tract V pursuant to this Third
Amendment as shown and legally described on Exhibit "A" attached hereto; and
b, Tract S-I, being a reconfiguration of Tract S pursuant to this Third
Amendment as shown and legally described on Exhibit "B" attached hereto,
C:\Documents and SettingslcarrjlLocaJ SettingslTemporary Internet Files\OLK16AITumberry - Third Amendment to Restrictions v9
(lGV).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.
[SIGNA TURE 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_
C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Tumberry - Third Amendment to Restrictions v9
(IGV) 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:
Witness:
Print Name:
By:
Name:
Address:
Witness:
Print Name:
-
STATE OF
)
)
)
SS:
COUNTY OF
This instrument was acknowledged before me this _ day of
2009 by , as of a
on behalf of said He/she 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:
C\Documents and Settmgs\carrj\LocaJ Settings\Temporary Internet Files\OLK16A\Turnberry - Third Amendment to Restrictions v9
(IGV).doc
5
EXHIBIT" A"
-
LEGAL DESCRIPTION FOR TRACT V-I
(Attached hereto - Pages J through 6)
,~,
"~-
C\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Third Amendment to Restrictions v9
(IGV).doc
6
^'~
EXHIBIT A
LEGAL DESCRIPTION'
TRACf U-I
All of Tract U, FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, according to the plat thereof, as recorded In
Plat Book 99 at Page 20 of the Public Records of Miami-Dade County, Florido, being partially amended by the
following plots'
AVENTURA EIGHTH ADDITION, according to the plot thereof, os recorded in Plot Book 136 at Page 37 and
AVENTURA TENTf'i ADDITION, according to the plot thereof, as recorded In Plot Book 1.36 at Page 92, both being
recorded In the Public Records of Miami-Dade County, Florida.
AND
Tracts C":8 and D-8 of said plot of AVENTURA EIGHTH ADDITION
AND
"
Tracts A-10, C-10 and 0-10 of SOld 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 plot 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 fallows:
,-
Begin at the most Westerly Northwest corner of said Tract B-10, the following eight (8) courses being along the
exterior boundary of said Tract 8-10; 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 7.3'19'29" E for 256.96 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 19328 feet; 7) thence S 69'22'04" E for 60.00 feet
to 0 point of curvature; 8) thence Southeasterly along a 400.00 foot radius curve leading to the right through a
central angle of 17'56'.35" for on arc distance of 125.27 feet to a non-tangent point; thence S 57'28'02" W for
8.3.50 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
23.56 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 0 circular curve concave to the Southwest and
whose radius point bears S86'59'06"W, thence Northwesterly along 0 4.3.43 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 far 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 far .31.03 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 6.23 feet to a
point on 0 circular curve concave to the Northwest and whose radius point bears N8T 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 a point oh a circular curve concave to the Northwest and whose radius point bears
N79' 36' 46"W; thence Southwesterly along 0 10.3.02 foot radius curve leading to the right through a central angle
of 62'.37'35" for an arc distance of 112.60 feet to a point on a circular curve concave to the Northwest and
whose radius point bears N1T52'06"W; thence Southwesterly along 0 94.39 foot radius curve leading to the right
through a 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 23.48 feet to 0 point on the Westerly line of said
Tract 8-10, 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 8-10 and Easterly nght 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'.32" 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
for 200.46 feet to the Point of 8eginning; 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 .3.3.67 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 A5 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' 1.3" E for .34.14 feet;
3) thence S 87'26'47" W for 132.42 feet; 4) thence N 02'3.3'13" W for 74.14 feet; 5) thence N 47'42'35" W for
1 9.88 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 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 0 non-tangent point; thence N 02'40'32" W for 62.46 feet to the Point of
Beginning.
~ -
/~
Plotted'
2/9/09 11 :010
( LEGAL DESCRIPTION I
FORTIN, LEAVY, SKILES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
) 80 Nor-cheasl 168th. Street / North Miami Beach. Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 I Email fls@flssurv-ey.com
Date 2/9/09
Scale NOT TO SCALE
Job. No 090092
Dwg No. 1009-004
Sheet 1 of 6
-
Drawn By
Cad. No.
MAP
090092
2007-034
REVISED 090116
Ref. Dwg.
EXHIBIT A
LESS AND EXCEPT
Parcel B (See Sheet 6 of 6 for Detail)
A portion of Tract U, FlnH ADDITION 8ISCAYNE YACHT AND COUNTRY CLU8, 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 800k 136 at Page 92, both being recorded in the Public Records of Miami-Dade
County, Florida, and being more particularly described os follows
Commence at the Southwest corner of Tract B-10 of said AVENTJRA TENTH ADDITlON, thence N 02'40'32" W along
the Westerly line of said Tract 8-10, also being the Easterly right of way line of West Country Club Drive for
223.65 feet; thence N 87'19'28" E for 20045 feet to the Point of Be9inning; 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 alon9 the exterior boundary of said Tract
8-10; 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 2149 feet to the Point of Beginning
AND
8egin 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 6699 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 0
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 FInH ADDITION 8ISCAYNE YACHT AND COUNTRY CLU8; 2) thence
N 81'00'38" E along the North line of sOld Tract HH for 211.44 feet to 0 point on 0 circular curve concave to
the Northeast and whose radius pomt 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 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 throu9h 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 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 said exterior boundary of Tract U; thence
Southwesterly along said exterior boundary of Tract U, also being along 0 17000 foot radius curve leading to the
nght through 0 central angle of 27'01'58" for on ore 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 8-8 of said plot of AVENTURA EIGHTH ADDITION
LESS AND EXCEPT
That portion of said Tract U lying in Tract 8-10 of said plot of AVENTURA TENTH ADDITION
/<X
Drawn By
Cad. No
MAP
090092
r LEGAL DESCRIPTION I
F ORTIN, LEAVY, SKILES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Nonheast 168th. Streer.1 North. Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com
Date 2/9/09
Scale NOT TO SCALE
Job. No, 090092
Dwg. No. 1009-10104
Sheet 2 of 6
Ref Dwg.
2007-034
REVISED 090116
Plotted:
2/9/09 11:010
"-
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 Aventura, Miami-Dade County, Florida
- Lands shown hereon were not abstracted for easements and/or rights-af -way of records
- 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
- This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
- Lands shown hereon containing 241.8 acres, more or less.
- Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2007-034
SURVEYOR'S CERTIFICATION:
J hereby certify that this "Sketch of Description" was made under my responsible charge an February 9, 2009, and
meets the Minimum Technical Standards as set forth by the Florido Board of 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 licensed yar and Mapper"
By:
-
Drawn By
Cad. No
r SURVEYOR'S NOTES & CERTlFICA TlON I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street / Nortb Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 I Email fls@flssurvey.com
MAP
090092
Ref Dwg.
2007 -034
REVISED 090116
Plotted:
2/9/09 11:010
Date 2/9/09
Scale NOT TO SCALE
Job. No. 090092
Dwg No. 1009 -004
Sheet 3 of 6
EXHIBIT A
---
NE 207TH STREET
! \ w
___ u-~I l
NORTH - --iJ ~
COUNTRY
----
/
/
!
I
I
I
~
'"
\
\
I
I
TRACT U
PLAT BOOK 99 PAGE 20
~"'~
TRACT U-!
PLAT BOOK 99 PAGE 20
PARCEL A
(SEE SHEET 5 OF 6)
TRACT C-8
Pl.AT8OOI(136P.-,GE37
TRACT 8-8
PU\lB00I(1:>S?AGE37
(NOfAPARn
0/
-'>
O~
00/
0"'/
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3435
32
TRACT U
PLAT BOOK 99 PAGE 20
TRACT A-8
PLJ.rBOOK 136 PAGE 31
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TRACT U-1
PARCEL A
(SEE SHEET 5 OF 6)
NO. "SZ
",01>-0 ___
--- 51" '" I"~ ___
---
---
--
o
----
----
----
GRAPHIC SCALE
~CD
-
LEGEND
D
TRACT U-l
RESTRICTED GOLF COURSE ACREAGE (241.81: ACRES)
( IN FEET )
1 inch = 600 ft.
k;:>'/ ~:1 TRACT S-l
/:;;1'';,,-
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-
Drawn By
Cad. No.
ReI. Dwg
(
SKETCH OF DESCRIPTION I
Date 2/9/09
Scale 1 "=600'
Job No. 090092
Dwg. No. 1009-004
Sheet 4 01 6
MAP
090092
2007-034
REVISED 090116
Plotted: 2/9/09 11 :010
FORTIN, LEAVY, S K.ILES, 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 / Fax 305-651-7152 I Email :t1.s@flssurvey.com
-,.........
~ ~
/ /TRACT A-~O~
A~~~~~O~EI~~~~g~I~;ON \..'=>
? ~~(J't:.\.. ~
EXTERIOR 80UNDARY LINE
OF TRACT 8-10
EXHIBIT A
TRACT U
fiFTH ADDITION
BISCA YNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
r-
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1A=76034'S8"
R=43.43'
L=S8,OS'
RB=S860S9'06"W
A=17"S6'3S"
R=400,OO'
L= 12S,27'
L;>
,,'0 <"/
'v ,,17
'v" <"
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A=7"18'26"
R=28S,1 S
L=36"37'
RB=N83011 'S6"W
'"
A=62C37'3S"
~ R=10302'
A=2sc06'19" L=112"60'
R=94,39' RB=N79036'46"W
L=41 ,36'
RB=N130S2'06"W TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL
FORTIN, LEAVY, SKILES, SKETCH #2007,034
L25
<rJ
N
~
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I /:..<0 L27
~S
IL29 SOUTH LINE ~5EC110N 34-51-42
NORTH LINE Of SECTlON 3-S2-42
-
\( WE5TERL Y LINE OF TRACT B-l0
AND EASTERLY RtGHT OF WAY UNE
Of WEST COUNTRY CLUB ORIVE
w
~I AVENTURA TENTH ADDITION
o PLAT BOOK 136 PAGE 92
..,.
~I
CD I
::J I A=38007'22"~,
...J ~ I R=120 00' L34
() ~ ~ L=79 84 C'l ~'"
~ i) I RB=S29022'29"E:3 S
~ ~ ~ ~ - ~~~if~~"~ /~L31":;'" ~L3638 i1~~RS!TH~D~I~\?
l- ~ iX 1 ~ ;g <: ~ L 0'> PLAT BOOK 136 PAGE 92
Z "' I ~ POINT OF ::3 ~ 17.. O\" ~ L40 S _ ~
5 ~ l~~ I BEGINNING .:J ?~~(J,,- ~ "
() L42
I / EXTERIOR 80UNOARY LINE
l- 73 DO' OF TRACT 8-10
(f) >-:Ii
W I ~:&: / TRACT U O~~H'
~ \ ~gt'! I
~ CD <( fiFTH ADDITION
~ '5" / BISCAYNE YACHT AND COUNTRY CLUB
OC Q. I PLAT BOOK 99 PAGE 20
~
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Drawn By
Cad No
Ref Dwg.
MAP
090092
2007 -034
REVISED 090116
Plotted:
2/9/09 11 :01 a
T
R
A
LINE TABLE LINE TABLE
LINE LENGiH BEARING LINE LENGTH
Ll 69.15 N87'19'28~E L24 6.23
L2 112.81 Nt6'"4Q'.31' L2S 53.7S
lO 256.96 N7J'19'29~E L26 212.19
L4 68.05 N16"40'31" L27 101.86
L5 81.61 N69'06'1S"E L28 38,25
L6 193.28 547'08'16"E L29 23.48
L7 60,00 569"22'04"E lOO 252.03
L8 83.50 SST28'02"W L31 ' 63.18
L9 3364 550'08.0S"W lO2 16,77
lI0 Z997 N4111'28'}1 lO3 33.67
LlI Z3.S6 N48'48'32"E l34 120,69
l12 28.94 N4119'16" l3S 42,01
l13 10.08 N48'48'19~E U6 41.45
L14 27.36 N41"14'ZO' L37 39.61
liS 0.30 NSO'29'30"E lO8 62.28
lI6 0.37 S48'04'SO"W 109 24,13
L17 27. 49 N41'22.59~ L40 15.34
L 18 10.09 548'3S'3J"W L41 34.14
L 19 28.74 N41.27' 4 7" L42 13242
L20 23.57 548'3B'02"W L43 74.14
LZl 31.0.3 N41'11'14~ L44 1988
L22 1393 N87'02'24"V 145 62.46
L23 7944 548'32'04 ~w
c
T
8
~o
BE ARING
S06'10'31~W
587"14' 4S'"W
502'40' 40"E
587'1 Z.OO"W
S42'41'48"W
N86"46'OS"
N02'40'32"
N8T26'47"E
N42'26'47"E
N02'33'13"W
N87'26'47"E
502'33'13"E
587"26' 47'"W
S02'33'13',[
N8T26'47"E
S02'33'1J"E
S8T26'47~W
502'33'13"E
587'26' 4 TW
NOZ'33'1J"W
N47'42'3S"W
N02'40'32"W
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GRAPHIC SCALE
240
I
120
i
( IN FEET )
1 inch = 120 ft,
::<~
( SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORlZA TION NU!\1BER: 00003653
180 Northeast 168m. Street / North Miami Beach, Florida. 33162
Phone: 305-653-4493 j Fax 305-651-7152 / En'lail fls@tlssu:r.,.-ey.conJ.
I Date 2/9/09
Scale 1 "=120'
Job. No, 090092
Dwg No, 1009-004
Sheet 5 of 6
73.00 \
RIGHT OF WAy1 TRACT lE>>o--JO'
PLAT BOOK 99 g UV
PAGE 20 ~ \
n
N
~ POINT OF
[COMMENCEMENT
~ ~\ SW CORNER OF TRACT B-10
o n
~3 '~\ jTRACT C-~O
g ~ 2;; I PLAT BOOK 136 PAGE 92
o e: z \ NORTH LINE OF
z z I i TRACT C-10
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RIGHi OF WAY
PLA T BOOK 99
PAGE 20
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Drawn By
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Ref. Dwg.
MAP
090092
2007-034
REVISED 090116
Plotted' 2/9/09 11 :01 0
>-
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73.00'
RIGHT OF ViA Y
PLAT BOO~ 99
PAGE 20
\
\
\
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\
EXHIBIT A
* _ _N~T22'~"~ _ ..-10~~" --
A=10015'44"
\ R=120.00'
L=21 A9'
\
\-.- EXTERIOR BOUNDARY LINE
\ OF TRACTS 8-10 AND
TRACT U
~POINT OF
BEGINNING
PARCEL B GRAPH1C
o 40 80
I I I
160
I
SCALE
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
( IN FEET )
1 inch ~ 80 It
POINT OF
BEGINNING
S.W. CORNER OF TRACT 8-10
I A=o059'39"
R=4286,18'
L= 7 4,37'
RB=N86031 '53"E
'Xl t>-?- C. 'C.\. 'tl LINE T A8LE
LINE LENGTH BEARING
Ll 147.7.3 S02'40'32"E
L2 52.68 S69'21 '03"W
L3 112.01 Nl2'14'25~E
L4 66.M S02'40'32"E
L5 211.44 N81 '00'38"E
L5 43.73 N28'44'49"
L7 24.05 N03'20'32"
A=6018'50" L8 71.73 N21'07'43~E
R=4510.66' L9 35.71 S87'27'34"W
L=497.0T 110 61.79 N4S'59'34"
L11 66.67 NOO'35'40"E
LI2 97.8 S87'19'28"W
T R A C T U
FIFTH ADDITION
BISCA YNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
73.00'
RIGH.i OF WAY
PLAT BOOK 99
PAGE 20
A=3048'14"
R=4299.22'
L=285,43'
RB=N81000'38"E
EXITRIQR BOUNDARY LINE
OF TRACT U
SouTH LINE OF TRACT U
L5
\ ----~FW'rR~~~N~~ TRACT HH
NORTH LINE OF TRACT ~H
PLAT 800~ 99 PAGE 20
~
r SKETCH OF DESCRIPTION
I' Date
Scale
2/9/09
1"=80'
090092
FORTIN, LEAVY, SKILES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Nortl1east 168th. Street I North Miami Beach, Florida. 33162
Phone: 305-6.53-4493 ,. Fax 305-6.:5 1- 7152 / Email fls@flssurvey.com
Job. No.
Dwg No 1009-004
Sheet 6 of 6
EXHIBIT "B"
LEGAL DESCRIPTION FOR TRACT S-l
(Attached hereto - Pages 1 through 6)
,~,
C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Third Amendment to Restrictions v9
(IGV).doc
13
,-
EXHIBIT B
LEGAL DESCRIPTION Tract S-1
All of Tract B-10,AVENTURA TENTH ADDlTlON, according to the plot thereof, os recorded in Plot Book 136 at
Page 92 of the Public Records of Miaml-Dode County, Florida
AND
Parcel 8 (See Sheet 6 of 6 for Detail)
A portion of Troct U, FIFTH ADDlTlON BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os
recorded In Plat Book 99 at Page 20, and 011 of Tract C-10, AVENTURA TENTH ADDlTION, according to the plot
thereof, os recorded in Plot Book 136 at Page 92, both being recorded in the PubliC Records of Miami-Dade
County, Florida, and being more port;culorly described os follows
Commence at the Southwest corner of Tract B-10 of SOld AVENTURA TENTH ADDJTlON; 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 leet 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' 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 ore 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 loot radius curve leading to the right through a
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-l0; thence S 02"40'32" E along the Westerly line of said Tract C-l0,
Tract U and Easterly right of way line of West Country Club Drive for 66.99 feet to 0 point of curvature, the
follOWing two (2) courses being along the exterior boundary of said Tract U; 1) thence Southeosterly along a
4510.66 foot radius curve leading to the left through a 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 B1SCAYNE 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 paint on a 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 an ore 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 24.05 feet; thence N 21'07'43" E for 71.73
feet to a point on 0 circular curve concave to the Northeast and whose radius paint 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
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 feet; thence N 00'35'40" E for 66.67 feet to 0 point on 0 clrculor curve concave to the Northwest and
whose radius point bears N64'51 '11 "w, also being 0 point on sold exterior boundary of 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 01 27'01 '58" for an arc distance of 80.21 feet to the Northeast corner of said Tract
C-10; thence S 8T 19'28" W along the North line of said Tract C-10 for 97.86 feet to the Point of Beginning"
LESS AND EXCEPT
Description on Sheet 2 of 6
.-
Drawn By
Cad. No.
MAP
090092
I LEGAL DESCRIPTION
FORTIN, LEAVY, S KlLES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORlZATIONNUMBER: 00003653
180 Northeast 168m. Street / North J:vfiamj Beach, Florida. 33162
Phone: 305-653-4493 J Fax 305-651-7152 / EmaiJ fls@flssurvey.com
~
I Date 2/9/09
Scale NOT TO SCALE
Job No. 090116
Dwg No. 1009-004-1
Sheet 1 of 6
Ref Dwg
2007-034
Plotted:
2/9/09 11:010
.~
EXHIBIT B
LESS AND EXCEPT
Parcel A (See Sheet 5 of 6 tor Detail)
,~ portion of Tract B-10, AVENTURA TENTH ADDITION, according to the piat thereof, os recardea in Plot Book 136
at Page 92 of the Public Recoras of Miami-Dade County, Florida, and being more particularly described os follows
Begin at the most Westerly Northwest corner of soia 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
11281 feet; 3) thence N 73'19'29" E for 256.96 feet, 4) thence N 16'40'31" W for 6805 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 6000 feet
to c paint of curvaturei 8) thence Southeasterly alan9 a 400,00 foot radius curve leading to the right through a
central angle of 17'56'35" for on arc distance of 125,27 feet to 0 non-tangent point; thence S 57'28'02" W for
8350 feet, thence S 50'08'05" W for 3364 feeti thence N 41'11'28" W for 29.97 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 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 0 central an9ie of 76'34'58" for 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 far 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 a
point on 0 Circular curve concave to the Northwest and whose radius paint bears N83'11 '56"W; thence
Southwesterly along 0 28515 foot radiUS curve leading to the Clght through a central angle of 7' 18'26" for an arc
distance of 36.37 feet to a 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 a central angle
of 62'37'35" for an arc distance of 112.60 feet to a point on a circular curve concave to the Northwest and
whose radius point bears N 1 J'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 on arc distance of 41,36 feet to 0 non-tangent point; thence
S 87'14'45" W for 53.75 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 23.48 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 8-10 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 02'40'32" 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
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 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 1534 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 a point on a 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 7984 feet to a non-tangent pOint; thence N 02'40'32" W for 62.46 feet to the Point of
Beginning. .
..#:::?- --c...
(.-;7"
"-
Drawn By
MAP
090092
r LEGAL DESCRIPTION I
FORTIN, LEAVY, SKlLES, INC.
CONSULTING ENGINEERS, SU.RVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORlZATION NUMBER, 00003653
180 Northeast: ] 68ili. S~ree1: / North Miami Beach. Florida. 33162
Phone: 305-653-4493 .' 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 2 of 6
Cad. No
Ref Dwg
2007-034
Plotted:
2/9/09 11010
<.~
EXHIBIT B
SURVEYOR'S NOTES:
- This site lies 'In Section 3, Township 52 South, Range 42 East and Section 34, Township 51 South,
Range 42 East, City oj Aventura, M,omi-Dade County, Florida.
- Bearings hereon ore rejerred to on assumed value of S 02'40'32" E for the Easterly right of woy line of
West Country Club Drive
- Londs shown hereon were not obstracted for easements and/or rights-of-way of records
- This 'is not 0 "Boundory Survey" but only a graphic de PiC lion of the description shown hereon.
- Lands shown hereon conta.ining 671,345 square feet, or 154 acres, more or less
- Dimensions shown hereon ore based on Foriln, Leavy, Skiles, sketch #2007-034
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Descriplion was mode under my responsible charge on February 9, 2009, and
meets the Minimum Technical Standards as set forth by the Florida 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 original raised
sea! oj a Florlda Licensed surveJ~ and Mapper"
FORTIN, LE , SI:>'!LES, INC" LB3653
Cy _~/}/;;?(
Daniel C. FOriin~Fif/===---
Surveyor and Mapper, LS2853
State of Florida.
-
"~
Drawn By
Cad No.
MAP
090092
( SURVEYOR'S NOTES & CERTlF/CA TlON I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION1,:rUMBER: 00003653
180 Northeast: 168m. Street I North Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 J Ernail 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 , 1 :01 a
EXHIBIT B
/
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---
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-
GRAPHIC SCALE
LEGEND
C::::J TRACT S.1
~~~~;~~ ~~~~~I~iED GOLF COURSE ACREAGE (241.8! ACRES)
o 300
~
600
I
12'00
I
( IN FEET )
1 inch = 600 tl
.-
Drawn By
Cad No.
MAP
090092
r SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKlLES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORJDA CERTIFICATE OF AUTHORlZATI0NNUMBER: 00003653
180 N-orth.e.as[ 168th, Street {North Miami Beach., Flol.-ida.. 33162
Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@f1ssurvey.com
~---=
I Date 2/9/09
Scale 1 "=600'
Job No 090116
Dwg No 1009-004-1
Sheet 4 of 6
Ref Dwg.
2007-034
Plotted
2/9/09 11 :010
r"-
~ ---------
/ ~RACT A-~O'"
A~~i~~~~EI~~Hp~g~l~ioN \..'='
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"-1 R=28515' ,,"':> (
I L=36.37 " ~
I RB=N83011 '56"W ,,"
A=6203735" ("0 "C!J
\ R=103.02'
IA=25006'19" L=112.60
\ I R=9439' RB=N79036'46''W
'1 L=41 ,36'
I RB=N13052'06"W
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l25
EXHIBIT B
TRACT U
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
A= 76034'58"
R=43.43
L=58,05'
RB=S86059'06"W
I A= 1 JD56'35"
r1 R=400,OO'
/ IL=1252T
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TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL
FORTIN, LEAVY, SKILES, SKETCH #2007,034
\
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:J I A=3800T22"~
....J >' \ R=120 00' l34
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(( ~ CJ 200 46' ~ y: / C') 38 AVENTURA TENTH ADDITION
I- ~ ii ~ ';,,' , ....J l en PLAT BOOK 136 PAGE 92
Z '" I ~ POINT OF ::3 C') Vv O\..~ L40:3 - ~
6 s~~ \ BEGINNING ::3 '?t>-~C;~ 3 '\
l42
\ I EXTERIOR BOUNOARY LINE
~ 7300 OF ffiACT 8-10
(f) r:;;
lL1 1 ~:" / TRACT U OTOHNR
3: \ ~g; \
>- CD << FIFTH ADDITION
~ S a. / BISCAYNE YACHT AND COUNTRY CLUB
'" a. \ PLAT BOOK 99 PAGE 20
LINE
LINE TABLE
LENGTH
69.15
112.81
256.96
68.05
81.61
193.28
6000
83.50
33.64
2997
23.56
28.94
10,08
27.36
0,30
0.37
27.49
10.09
2874
23.57
3103
13.93
79,44
LI
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
\..16
L 17
L18
L 19
L20
L21
L22
L23
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L29 SOUTH LINt: OF SECTION 34-51-42
NORTH L1NEClF SECTION 3-S2-42
~
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\( WESTERL Y LINE OF TRACT B-10
AND EASTERLY RIGHT OF WAY LINE
OF WEST COUNffiY CLUB DRIVE
w
';.:;\ AVENTURA TENTH ADDITION
a PLAT BOOK 136 PAGE 92
<t
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SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INC"
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION N"UMBER: 00003653
180 Northeast 168th. Street I Norm l'vliarni Beach, Florida. 33162
Phone: 305-653-4493/ Fax 30:'5-651-71 <:;2 I En1.ail fls@flssurvey.com
Drawn By
Cad. No,
Ref, Dwg,
MAP
090092
2007-034
Plotted'
2/9/09 11:010
BEARING
NBTl 9'28~E
N16"40'.31"
N73'19'29"[
N16"40'31~
N69'06'1ST
S4T08'16"E
569'22'04"E
SS7'28'02"W'
SSO'08.05'W
N41'1j'28"
N48'48'32"E
N41'1g'1C
N48'48'19T
N41"14'20"
NSO'2930'E
S48'04'SO"W
N41'22'59"
548.35'33"W
N41'27'4-7"
S48'38'02"W
N41'11'14"
N8T02'24"
S4S"32'04"'W
8
LINE
L24,
L25
L26
L27
L28
L29
L30
L31
L32
L33
L34
US
U6
U7
L38
U9
L40
L41
L42
L43
L44
L45
LINE TABLE
LENGTH
623
53.75
212.19
101,86
38.25
23 48
252.03
63.18
16.77
33,67
120,69
42.01
41.45
39.61
6228
2413
15,34
34.14
132.42
74.14
19.88
62.46
BEARING I
S06.1O'31"W
S8r14'4S~W
S02'40'40'[
587'12'OO"W
S42"41'48"W
N86'46'OS"
N02'40'32"
N8T26'47"E
N42'26'47"E
N02'33'13"W
N8T26'47"E
502'33'13"E
S8T26'47"W
S02'33'13"E
N8T26'47"E
S02'33'13"E
58T26'47"W
502'33'13"E
S87'26'47"W
N02'33'13"W
N4T42'35"W
N02'40' 32"W
\
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GRAPHIC SCALE
60
I
i20
I
2'0
I
( IN FEET )
1 inch = 120 ft,
4~
I Date 2/9/09
Scale 1 "=120'
Job, No, 090116
Dwg, No. 1009-004-1
Sheet
of
6
5
"~
\
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Drawn By
Cad. No.
Ref Dwg.
7}OO'
RICH1 OF WAY
PLAT BOOK 99
PAGE 20
w
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-
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MAP
090092
2007-034
co
:J
.-l
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7300'
RlGH1 OF WAY
PLAT BOOK 99
PAGE- 20 ~ l
n
N
~/~ POINT OF
rCOMMENCEMENT
~ ? \ S W CORNER OF TRACT B-10
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RIGHT OF WA.a~
PLA 1 BOOK -
PAGE 20
\
\
\
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Plotted' 2/9/09 11:010
s:-
4:
3:
u..
o
/,
~ EXTERIOR BOUNDARY LINE
\ OF TRACTS B-10 AND
TRACT u
~POINT OF
BEGINNING
PARCEL B GRAPHIC
o 40 So
~
~ _ Y~T~~"~ - ~QQ~ --
A=100,5'44"1
\ R=12000'
L=21,49'
TRACT 8-10
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
POINT OF
BEGINNING
S,W. CORNER OF TRACT B-10
? f",.?SJ 't. \.. '0
A=6018'50"
R=4510.66'
L=497,OT
T
R
A
c
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
7300'
RIGHT or WA'f
PLA i soaK 99
PAGE 20
EXTERIOR BOUNDARY LINE
OF 'TRACT U
SOUTH LINE OF TRACT u
L5
\ --~Fw'm~~~N~~ TRACT HH
( SKETCH OF DESCRIPTION
FORTIN, LEAVY, S KlLES, INC"
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION J".-T'tJMBER: 00003653
180 Northeast: 168th. Street: / N'onh Miami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com
EXHIBIT B
SCALE
160
I
( IN FEET )
1 inch = 80 It
A=0059'39"
R=4286,18'
L=74,37'
RB=N86031 '53"E
LINE
LINE TABLE
LENGTH
147.73
52.68
112,01
66,99
211.44
43.73
24.05
71.7 3
3S,71
61.79
66.67
97,B
BEARING
502'40'32"E
569'21 '03"W
Nl2'14'25'E
S02'40'32"E
N81 '00' 38"E
N28'44'49"
N03'20'32"
N21'07'43"E
S87'27'34"W
N45'59'34"
NOQ'35' 40"E
587'19'28"W
L1
L2
L3
L4
LS,
l6
l7
L8
L9
l1D
L11
112
T
u
A=3048'14"
R=4299,22'
L=285.43'
RB=N81000'38"E
NORTH LINE OF TRACT HH
PLAT BOOK 99 PAGE 20
/~
I Date 2/9/09
Scale 1"=80'
Job. No, 090116
Dwg, No, 1009-004-1
Sh eet 6 of 6
-
.~
Exhibit 7
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 reserved for Clerk)
DE CLARA TION 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:\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 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:\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 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 unreasonably 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 ofthe Property; or
1 (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\OLK16A\Turnberry - 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:\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 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 A ventura 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 Settings\Temporary 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\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - 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 ADDITION BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os
recorded In Plot 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, ."'VENTURA 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; 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 223.65 feet; thence N 87'1 9'28" E for 20045 feet to the Point of Beginning; thence
S 02'40'32" E for 147.73 feet; thence S 69'2"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 Troct B-10; 1) thence Northeasterly along 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 0 point of tangency; 2) thence
N 12' 14'25" E for 11201 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"5'44" 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 right of way line of West Country Club Drive for 30.99 feet
to the Point of Beginning, also being the Northwest corner of sa.d Tract U, the following three (3) courses being
olong 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 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; 3) thence N 81'00'39" E along the North line of SOld 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 28543 feet to 0 non-tangent point; thence N 28'44'49" W for 43.73 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' 3 ,'53"E; thence Northwesterly alon9 0 4286 18 foot radius curve leading to the right
through 0 central angle of 0'59'39" for on 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 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 exterior boundary of Tract U, also being
along a 170,00 foot radius curve leading to the right through 0 central an9[e of 62'10'39" for on arc distance
of 184.48 feet to the POint of Beginning
~~
Drawn By
Cad. No
MAP
081267-1
I
LEGAL DESCRIPTION
I Date 10/21/08
Scale NOT TO SCALE
Job No. 081267
Dwg No. 1008-109-28R
Sheet 1 of 4
Ref Dwg
2007-034
FORTIN, LEAVY, SKILES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORJDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Screet / Nort:h lvIiami Beach, Florida. 33162
Phone: 305-653-4493 / Fax 305-651-7152 J En'lail fls@flssuryey.com
Plotted;
10/22/08 9;340
EXHIBIT A
SURVEYOR'S NOTES:
_ This site lies in SectIOn 3, Township 52 South, Range 42 Eost, City of Aventuro, Miomi-Dode County,
Florida
_ Beorlngs 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 ond/or rights-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 Description" was made under my responsible charge an Oelaber 21, 2008,
and 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 Seelion 472.027, Florida Statutes.
.,....-.
"~
Drawn By
MAP
( SURVEYOR NOTES AND CERTlFICA nON
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeasl: 168th. Street / North Mia.xni Beach, Florida. 33162
Phone; 30.5-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.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 9:340
EXHIBIT A
I
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081267-1
2007-034
Flotted:
10/22/08 9:340
I POINTOF~
BEGINNIN~ ,,<;' ~
t - Y2T~'~"~ - -.1QQ:~ - -
A=10c15'44"
\ R=12000'
I L=21.49'
;;
~ EXTERIOR BOUNDARY LINE
OF TRACTS B-l0 AND
TRACT U
::;
GRAPHIC SCALE
40 80
I
( IN FEET )
1 inch = BO ft.
160
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73,00'
RIGHT OF WAY "R.ACT 1E5>-10
PLA T SOOK 99 U U g V:,dJ
PAGE 20 "4'0 \ AVENTURA TENTH ADDITION
on PLAT BOOK 136 PAGE 92
n
N
,l~~ POINT OF
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J ~\ I s W CORNER OF TRACl 8-10
03 ~\ I TRACT C-10
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RB=N640S1'11"W
FIFTH ADDITION
BISCA YNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 20
I-
(f)
70,00'
RIGHT OF WAY
PLAT SOOK 99
PAGE 20
7;'.00'
R\Gl-\1 OF W/>.."<
PLAT BOOK 99
PAGE 20
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SOUTH LINE Of TRACT U
(
SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKILES, INe,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Su-ee-r / North Miami Beach. Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 / Email fls@flssurvey.com
A=OOS9'39"
R=4286,18'
L=74,37'
I RB=N86031 'S3"E
LINE TABLE
liNE LENGTH BEARING
II 147,73 SOZ'40'32"E
LZ 5Z,68 S69'21'OJ"W
L3 112.01 N12'14'25"E
L4 35,00 SOZ'40'32"E
L5 211.4 N81'00'39"E
L6 43,73 NZ8'44' 49"W
L7 24,05 N03'ZO'3Z"W
LB 71,73 N21'07'43"E
L9 35.71 S87'27'34"W
Ll0 61.79 N4S'S9' 34"W
Ll1 66.67 NOO'35' 40"E
A=3048'14"
R=4299,22'
L=28S.43'
RB=N81000'38"E
NORTH liNE OF TRACT HH
PLAT 800K 99 PAGE ZO,V~
I Date 10/21/08
Scale 1"=80'
Job, No, 081267
Dwg, No,1008-109-2BR
Sheet
of
4
3
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Drawn By
Cad. No.
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Plotted.
EXHIBIT A
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TURNBERRY ISLE RESORT
& COUNTRY CLUB
A VENTURA MALL
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( LOCA nON SKETCH
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 " Fax 305-651-7152 I E:rnail fls@flssurvey.com
081267-1
2007-034
10/22/08 9,340
TURNBERRYISLERESORT
& 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 "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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TURNBERRY ISLES RESORT & COUNTRY CL UB
EXHIBIT C - PROPERTY IMPROVEMENTS
AVENTURA, FLORIDA
T><OMAS CH'CCA. P.E. E
ENVIRONMENTAL CONSULTANT
"!oII~7'3rd.......{Pwtolwod,FlQftiIo33076
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TURNBERRY ISLES RESORT & COUNTRY CLUB
EXHIBIT C - PROPERTY IMPROVEMENTS
AVENTURA. FLORIDA
I~
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THOMAS CHECCA, P.E.
ENVIRONMENT Al CONSULTANT
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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 applicaUon, 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 (ie. Attorneys, Architects, Landscape
Architects, Engineers, Lobbyists, Hc.)
Ai'1o,,-ne.t/
I
A!/rJ""1
~6IAJ6G-1L
0u R.. cJE:f( 0 Ie.,
1J1, C 1-1"" e L. ;tI1f R.1U51UJ
Je~~ tkR.et>W
-;;0 #'-JI ~ 0 Hl6U #I
VAAJ.e.I- he.r,A:)
(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 AFF1ANTS 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 MYHAND THIS J DAYOF....;r:,"'~
, 20o!.
,c
,/
AUTHORIZED REPRESENTATIVE OF APPLICANT:
OWNER
By:
By:
(Signature)
!j!ture)
Name: t!!:
J-/:rinl) r-:J
Title: AAa....t.J4 t"1JIItQ;TJJet!..
Address:!!1!:lJ ~ a,,~ ~4 ~
I~ IP&
~eA, S~180
Name:
(Print)
Title:
Address:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared .kI!BY S~.-~~'~e
Applicant and/or the owner of the property subject to the application, who being first by duly sworn
executed this Affidavilfor the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this i day ofJ'.,AJE.
""..-...
,,'~~,"J!J', Ana B. Zeigler
;,,:;:>"K"'~(~~, ' ' .' oM 00':'<:;:><"'-' ,
", ':' IX", ~"~ r'_,"mm!S,S10n t;. ",;>~10,) ,
,:" m .'-"''''' '), '')f'~O
";;;~;"!fr..'? Expires June ?"..J; .~;'.}.~_""
""',;~.rl~n~"'~ f:!;l;'!'lI1'1!d Troy ram .lrH.\ol(",\H100, lnc R,~\.-,)n" 7 ~ 1 ~
,.......,
~~,
---,
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 w~h 'x' ;Wlicable portions only)
[1(1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented,
I ] 2, Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be pl'esented, as follows:
(list name of Commissioner or Advisory Board Member) who serves on the
(Us I City Commission or City Advisory Board upon which member serves),
The nature of the Business Relationship is as follows:
( ] j, Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
[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 iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[ ] iv_ A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v,
The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
[J vi. The member of the City Commission or Board is a Customer of the Appficafll or Represefltative and transacts
.Anore than $25,000.00 of the business of the Applicant or Representative jfl a given calendar year.
-i- DAY OF ....:.;:..~ .2008
APPLICANT:
--- ',200B
By:
Name'
Title:
(Signature)
(Print)
(PrinQ
. The terms "Business Relationship: 'Client: 'Customer." "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code,
","".-
F0 :s u 1\..1....
WITNESS MY HAND THIS ~ DAY OF , 200.L
REPRESENTATIVE: (listed on Business Relationship Affidavit)
I (Signature
By: (Signature) By:
Name J~ey ~n' &\PJ (Pnnt} Name: (Print)
"", M+ ~ (Print) Tille (Print)
B;-;r ~~~:=::(~ature) By: (Signature
Name: M. \ c.:...-lA."'t \ M. (I. '( 'i1'~n?) Name: (Print)
Tille f\+\-1 (Print) Tille: (Print)
By: (Signature) By: (Signature
Name: (Pnni) Name: (Print)
Tille: (Print) Title: (Print}
By: (Signature) By: (Signature
Tille: (Print) Title: (Plint)
Tille: (Print) Tille: (Print)
By: (Signature) By: (Signature
Tille: (Prinf) Tille (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print} Title: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants arc 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,
-w
WITNESS MY HAND THIS ~DAY OF .j Wv'r;;;-v" ,200&
REPR~~A1IVE: (Listed on Business Relationsnip Affidavit)
~I~ By: (Signature
BYft . ~ . >k~~ ^ (Signature)
Name:m~i€L C. Fb.~r,l--J (Print) Name: (Print)
(Print) Title: (Print)
By (Signature
Name: '~t'6 aea..~ (Print) Name: (Print)
Title: ()~ ,...J (:;-,p-..> (Print) Tille: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Prin/)
Title: (Print) Title: (Print)
By (Signature) By: (Signature
Tille: (Print) Title: (Print)
,~,
Tille: (Print) Title: (Print)
By: (Signa/ure) By: (Signature
Title: (Print) Title: (Prin/)
Tille: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Tille: (Pn'nt)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets jf disclosure information for Representative varies
2) Applicants and Aftiaots are advised to timely supplement this Affidavit pursuant to Sec. 3 1.71 (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 infonnation provided in the Affidavit becomes incorrect or
incomplete,
."',..-.
""~.
NOTARIZATION PROVISION
ST A TE OF FLORIDA )
COUNTY OF MIAMI-DADE)
S,^\
~~--
. _u--oslj8: ' ,(: '~t' 7 "$~W G ! VlQ
. . c. !?JL~l'\JB'i\jII:~~lJ\1\,,! J"'i~<': y ::
('iff., J f~!g(~~;~~~!')n ;X,~;~,,)::;
, C~\",I::J'
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
B~fore me, tl1e undersigned auihority, personally appeared~'- \cl1~ I
executed this Affidavit for tl1e purposes slaled lI1erein and lI1at it is !rue and cOlTecl
eing first by me duly swam did swear or aJfmn thai he/she
.--
SWOBI:tlmAtJnSlJRSCBl8@;~eIOl~e'tt'is~~EfY~ V Mj?/
\1 t.--~ t~nV.2Jry \-'ubt~r: S~~,~~ l~~ \."t,:,;.!",/.~, \;
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AFFIANT
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ST A TE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Belore me. the undersigned authority p~rsonally appeared
executed this Alfidavit for the purposes slaled therein and thai i1 is true and cOlTect
the Alfiant. who being first by me duly swom did swear Dr affirm thai he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_
Nolary Public Stale of Florida At Large
Prinled Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this Alfidavil for the purposes slated iherein and that iI is !rue and colTecl
the Affiani. who being firsl by me duly sworn, did swear Dr affirm ll1al he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me \his _ day of
,200_
Notary Public Stale of Florida AI Large
Ponied Name of Notary
My commission expiJes:
,~
-,
NOTARIZATION PROVISION
ST A TE OF FLORIDA )
COUNTY OF MlAMI.DADE)
Belore me, the undersigned aulhonty personally appeared ~t- C. fttt.TI~
executed this Alflda~itlor Ule purposes slaled ll1erein and ll1al il is true and correct
SWOR
i'''''~Y P/J~<:;-.
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~OF f\.o4;-
Notary PubliC State of Florida
Susan P Kay
My Commission 00767544
Expires 04106/2012
.1....V,
STATE OFFLORIDA )
COUNTY OF MlAMI.DADE)
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Before me, the undersigned authority. personally appeared /; '14--
execuled this Affidavit for the purposes slated therein and that it is true and correcl
e
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Notary Public Stale of Florida
Susan P Kay
My Commission 00767544
Expires 04/0612012
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Nolpry PuJllic ~ or2frlda At Lalge ,-
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Printed Name 01 Notary y ,/
My co (Ilission expires:- 17 ,- .dt' I J-
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AFFIA
.1001' ~,d"',u' jJ tiA-1
~3~~7te~'O~~ye J
Prinled Name of Notary ,
My commission expires: SI.... /, -:d~/ d-
ST ATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
tlefore me, lJ1e und€lsigJ1€d aulhority personally appeared
execuled this Affidavit forlhe purposes slilled lherein and that it is Il\Je and correct
the Affiant. who being first by me duly swom, did swear or affllTTlll1al he/she
SWORN TO AND SUBSCRIBED before me \his _ day 01
AFFIANT
,200_
Notary Public Slate 01 Rorida Al Large
Prioled Name of NolaI)'
MJ col1lfl1lsslon expires:
STATE OFFLORIDA I
COUNTY OF MlAMI.DADE)
Before me, the undersigned authority. personally appeilred
execuled lI1is Affidavit for the purposes slated \l1erein and that it is lrue and correct
the Affiant who being firsl by me duly SVlom, did swear or affinn lhat he/she
SWORN TO AND SUBSCRIBED before me lids _ day of
--
AFFIANT
,200_
Notary Public Slale of FloridaAt Large
Printed Name 01 Notal)'
My convnlssion expires:
.,....~
NOTARIZATION PROVISION
Betty Llerena
My CO!l1lT1issior. D0524988 ;
Expires 03105/201(1 I
-----_._-_...._--.,.,...,........".,~~
STATE OFFLORIDA )
COUNTY OF MlAMI.DADE)
Before me, the undersigned authority. personally appeall!dt{ I,h~ (
exewtoo lhis Affidavi\ for \he purposes slaled therein and lhat" is true and torree!.
s
__~ J~
Notary Public St.1l1e oTFlorid8
Betty Llerena ,
My CommisSion 00524988 '
EXpires 03/OS12010 .1
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~01~J
,-
STATE OFFLORIDA )
COUNTY OF MIAMI.DADE)
Belore me. \he undersigned authority, personall, appeall!
executed this A1fidavil tor the purposes slated theJein and thatH is true and correct
SWORN TO AND SUBSCRIBED belolc me this 4- day of ,];t-.:f
) . t~';~~". Ab1a B r. Z~~gFef
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";_::;~.ff;f'~?~~~ f;I.::id!:~~rny F;r, _ln~(lmncc. lr,~ (_ J ,
eing first by me duly sworn_ did swear or alHrm thai helshe
..
or amrm thai he/she
t00-r~ze
~
STATE OFFLORIDA )
COUNTY OF MIAMI-DADE)
Belore me. the undelsigned authority. personallv appeared
executed \his Affidavil for lhe purposes slaled lhefein and IJIat il is lnJe and CQlTect
the AffianL who beinQ firsl bV me duly swum, did swear or afnrm that heJshe
SWORN TO AND SUBSCRIBED belore me lh;s _ day 01
,-
AFFIANT
.200_
Notary Public Stale of FlofidaAl LaJge
Printed Name of Nola!)'
My corrunission 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 Zonin~ 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 Zonin~ 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 Villa~e 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 "8" 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) .
/",1lNo<-
Ordinance No. 2009-
Page 5
The foregoing Ordinance was offered by Commissioner Auerbach, who moved
its adoption on first reading. This motion was seconded by Commissioner Diamond,
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 on first reading this 5th day of May, 2009.
c',--.
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:
y----,;{h-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 B-10, AVENTURA TENTH ADDITION, according to the plot thereof, os recorded in
Plot Book 136 at Page 92 of the Public Records of Mioml-Dode County, Flonda, 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
extenor 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 curvolure, 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 on arc distance of 289 92 feet to 0 non-tangent
po,nt, 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"6" E for 193,28 feet; 3) thence S 69'22'04" E for 6000 feet
to 0 point of curvature;' 4) thence Southeasterly along 0 400,00 foot radius curve leading to the right through 0
central ongle of 17'56'41" for on arc distonce of 125,28 feet to 0 non-tangent point; thence S 57'28'02" W foe
83,50 feet; thence N 41.14'20" W for 87,05 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 586.59'06"W; thence Northwesterly along 0 43.43
foot rad,us curve leading to the left through 0 central angle of 76'34'58" for on ore d,stonce 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
5 48.35'33" W for 1009 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 1393 feet; thence 5 48.32'04" W for 79,44 feet; thence
5 06.10'31" W for 6,23 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 577"22'35"W; thence 50utheosterly, Southwesterly and Northwesterly olong
o 77,86 foot radius curve leading to the nght through 0 central angle of 178.55'58" for on 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 2730 feet, thence S 42'22'03" W for 1697 feet; thence S 02.37'55" E for 47,13 feet;
thence 5 87"30'53" W for 61,56 feet to 0 point on the Westerly line of soid Troct A-10, also being the Eosterly
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 15558 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 woy 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 120,69 feet;
thence S 02'33'13" E for 42,01 feet; thence 5 87'26'47" W for 41.45 feet: thence 5 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 5 87'26'47" W for 1534 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
rodius point bears 529.22'29"E; 6) thence Southwesterly along 0 120,00 foot radius curve leading to the left
through 0 central ongle of 38.07'22" for on orc 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
r
LEGAL DESCRIPTION
I
Date 10/21/08
Scale NOT TO SCALE
Job, No, 081267
Dwg_ NO-1008-109-1 B
Sheet 1 of 4
2007-034
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653
180 Norrheast 168th. Street / North Miami Beach. Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 I Em,ail fls@flssurvey.com
Plotted:
10/22/08 9:340
EXHIBIT A
SURVEYOR'S NOTES:
- This site lies in Section 3, Township 52 South, Range 42 Eost and Section 34, Township 51 South,
Range 42 East, City of Aventuro, Miami-Dade County, Florida,
- Bearings hereon ore referred to on assumed value of S 02-40'32" E for the Eosterly right of way line of
West Country Club Drive,
- Londs shown hereon were not abstracted for easements and/or rights-of-way of records,
- This ,s not 0 "Boundary Survey" but only 0 graphic depiction of the descripbon shown hereon
- Londs shown hereon containing 117,167 square feet, or 2,69 acres, more or less
- Q,mensions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2007-034,
SURVEYOR'S CERTIFICATION:
I hereby certify thet this "Sketch of Description was mode under my responsible chorge on October 21, 2008,
and meets the Minimum Technical Standards os set forth by the Flarido 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 original raised
seal 01 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 MAP ( SURVEYOR NOTES AND CERTlFICA TlON I Date 10/21/08
Cad, No, 081267 Scale NOT TO SCALE
Ref. Dwg, 2007-034 FORTIN, LEAVY, SKILES, INC. Job, No 081267
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CER TIFICA TE OF AUTHOR!ZA TION NUMBER: 00003653 Dwg_ No,1008-109-1B
180 N'ortheasc 168m. Street:: / North Mia:m.i Beach, Florida. 33162
Plotted: 10/22/08 9:340 Phone: 305-653-4493 I Fax 305-651-7152 I En-.ail fls@flssurvey.coni. Sheet 2 of 4
A=138025'38"
R=120,QO'
L=28992'
EXHIBIT A
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\ D-) EXTtRIOR 80UNDARY LINE
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\ ~ ~ OF ~~-: ____ ____
I ill N \ ,',\"v "
o -' 'vi L21 "'0
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IV WESTERLY LINE OF TRACTS A-l0 & 8-10
AND EAS1ERLY RIGHT OF WAY LINE or
WEST COUNTRY CLU8 DRIVE
TRACT A-liD
TRACT U
\.-'3
.. EXTERIOR BOUNDARY LINE
/ OF TRACT 8-10
(7
AVENTURA TENTH ADDITION
_PLAT BOOK 136 PAGE 92 ____
(
FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAGE 2D
1A=76034'58"
R=43A3'
L=58,05'
RB=S86059Q6"W
'A=1 r56'41 "
R=400,QQ'
I L= 125_28'
L15 ~
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R=77,86
I L=243,15'
RB=S7r2235"W
liNE T A8lE LINE T A8lE
liNE LENGT1-I BEARING LINE LENGTH
l1 7',76 N89'19'28"E L21 27,30
12 91,48 N20-40'37"E l22 16,97
l3 18,00 N69'06'15"[ l23 47,13
L' 193,28 S.T08'16"E L24 61,56
l5 60,00 S69'22'0'''E L25 155,58
L6 83,50 S5T28'02"W L26 63,18
L7 8705 N41"14'20"W l27 16_77
l8 0,30 N50'29'30"[ l28 33,67
L9 0,37 S'8'04'5D"W l29 120,69
l10 27.49 N41-22'59"W L30 '2,01
l11 10,09 S48"35' 33"W l31 41.45
L12 28,H N41"27'.7"w lO2 39,61
l13 2357 S'8'38'02"W lO3 62,28
l1. 31,03 N41"11'14"W L34 24,13
l15 13,93 N8T02'24"W L35 15,34
L16 79,44 548-32'0'''W l36 34,'\4
l17 6,23 S06'10'31"W lO7 132,42
l18 26,41 Sn'05'05"W L38 7414
L19 28,18 S8T31 '08"W lO9 19,88
l20 36,67 N40-50'17"W l40 62,'6
8EARING
S8T22'02"W
S42'22'OJ"W
502'37'55"(
S8T30'53"W
N02"O'32"W
N87'26'47"E
N42'26'47"E
N02'33'13"W
N87'26'47"E
S02'33'13"[
581'26' 47" W
S02'33'13"E
N8T26'47"E
S02"33'13"E
S8T26"7"w
S02'33'13"[
S87"26'<7"W
N02'33'13"W
N'T42'35"W
N02'40'32"W
I
I
I
\
I
\
\
I
,wI
N
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~\
\ (/)\
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:), I I A=38007'22"
-l \ ;;:- R=12Q,OO'
0>- '" I L=79,84' ~
:; 3: RB=S29022'29"E en
3: I u. I N
~ ~ 1\ i ~___ti8~io~~'1_~, ~~~
'z ~ ~ I POINT OF~ 3V ~->',9
:J '=- ~ I BEGINNING -'
8 I - \ ~ L37
~ ;' ~EXTERIOR BOUNDARY LINE
f- 7300' I OF TRACT 8-10
(f) ~~
ill I ~:~ I I TRACT U
S \ ~;~ I /
0:0: I I
\
1/11
r' ~ <Il
\ ;j
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SOUTH LINE OF SECTION 3'-51-'2
NORTH LINE orSECTION 3-52-42
I
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/
/
/
/
(
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-
AVENTURA TENTH ADDITION
PLAT BOOK 136 PAGE 92
>--
~
8 -10
T
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A
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ill
>
((
o
TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL
FORTIN, lEAVY, SKilES, SKETCH #2007-034
L29
~o
("')
~31 ..J TRACT D-l0
("') 33 i AVENTURA TENTH ADDITION
..J L '" PLAT BOOK 136 PAGE 92
L35:J _ _ - - ~
<.0 7
:J "-.
"-.
GRAPHIC SCALE
o
60
I
120
I
2'0
I
FIFTH ADDITION
BISCA YNE YACHT AND COUNTRY CLUB
PLAT BOOK 99 PAG[ 20
( IN FEET )
1 inch = 120 It.
(
I
Drawn By
Cad, No
SKETCH OF DESCRIPTION
Date 10/21/08
Scale 1 <<=120'
Job, No, 081267
Dwg, No, 1 008-1 09-18
Sheet 3 of 4
--
MAP
081267
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street / North. Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152/ Ef'l"1ail fls@flssurvey.con.
Ref Dwg
2007-034
10/22/08 9:340
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FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653
180 Northeast 168th. Street I North Miami Beach, Florida. 33162
P:hone: 305-653-4493 / Fax 305-651-7152 I Ern_ail fls@i1ssurvey.con.
I Date 10/21/08
Scale NOT TO SCALE
Job, No, 081267
Dwg, NO'1008-109-1 B
Sheet 4 of 4
LOCA nON SKETCH
,~
EXHIBIT B
LEGAL DESCRIPTION
A pori,on of Tract U, FInH ADDITlON BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os
recorded in Plot BOOK 99 at Page 20 of the Public Records of Miami-Dade County, Florida, and being more
pariicularly described os follows
Commence ot the Southwest corner of Tract B-10, AVENTURA TENTH ADD1TJON, according to the plot thereof, os
recorded In Plot Book 136 at Page 92 of the Pubi>c Records of Miami-Dade County, Florida; thence
N 02040'32" W along the Westerly line of said Tract B-10, also being the Easterly nght of way line of West
Country Club Dnve for 223,65 feet, thence N 87' 19'28" E for 20045 feet to the Point of Beginning; thence
S 02'40'32" E for 147,73 feet; thence S 69021'03" W for 52,68 feet to 0 point on 0 circular curve concave to
the Northwest and whose radius point bears N64051'11"W, the follaw,ng three (3) courses being along the exterior
boundary of said Tract B-10; 1) thence Northeasterly along 0 170,00 foot radius curve leadin9 to the left
through 0 central angle of 12'54'24" for on ore distance of 38,29 feet to 0 point of tcngency; 2) thence
N 12-14'25" E for 112,01 feet to 0 point of curvature; 3) thence Northeasterly along 0 12000 foot radius curve
leading to the right through 0 central angle of 10'15'44" for on arc distance of 2149 feet to the Point of
Beginning,
AND
Commence at said Southwest corner of Tract B-10i thence S 02' 40' 32" E along the Westerly line of Tract C-10
of said AVENTURA TENTH ADDITION, and said Easterly right of way line of West Country Club Drive for 30,99 feet
to the Po,nt of Beginning, also being the Northwest corner of said Troct U, the following three (3) courses being
along the exterior boundary of said Tract U; 1) thence S 02040'32" E for 36,00 feet to 0 point of curvature;
2) thence Southeasterly along 0 4510,66 foot radius curve leoding to the left through 0 central angle of 6018'50"
for on arc distance of 497,07 feet to the Northwest corner of Tract HH of said FlnH ADDITION B!SCAYNE 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 Nartheost and whose radius point bears N81000'38"E; thence Northwesterly
along 0 4299,22 foot radius curve leoding 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 for 43,73 feet; thence N 03020'32" W for 24,05
feet, thence N 21007'43" 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 alon9 0 4286,18 foot radius curve leading to the right
through 0 centrol 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 feet, thence N 45059'34" W for 61,79 feet; thence N 00035'40" E for 66,67 feet to 0
point on 0 clrculor curve concave to the Northwest and whose radiUS point bears N64'51 '11 "w, also being 0 point
on the exterior boundary of so,d Tract U; thence Southwesterly along soid exterior boundary of Tract U, also being
clang 0 170,00 foot radius curve leading to the right through 0 central angle of 62010'39" for on ore distance
of 184.48 feet to the POint of Beginning,
~~
- Drawn By ( LEGAL DESCRIPTION I Date
MAP 10/21/08
Cad, No, 081267-1 Scale NOT TO SCALE
Ref Dwg, FORTIN, LEAVY, SKILES, INC. Job, No, 081267
2007-034 CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER, 00003653 Dwg No, 1008-109-2BR
1 SO Northeast 168m. Street: / Nordl Mia:rn.i Bea.ch, Florida. 33162
Plotted: 10/22/08 9:340 Phone: 305-6.53-4493/ Fax 305-651-7152/ Em.ail fls@tlssurvey.com Sheet 1 of 4
EXHIBIT~
SURVEYOR'S NOTES
- This site lies 'In Seelion 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County,
Florida
_ Bearings hereon are referred 10 on assumed value of S 02'40'32" E far 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,
- Easements per said Plat Book 99 at Page 20 not shawn as requested
- This 's not a "Boundary Survey" but only 0 graphic depiction of the description shown hereon,
- Lands shown hereon containing 1 -,7,171 square feet, or 2,69 acres, more or less,
- Dimensions shown hereon are based an Fortin, Leavy, Skiles, sketch #2007-034
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Descnptian was mode under my responsible charge an October 21, 2008,
and meets the Min,murn Technical Standards as set forth by the Florida Board of Professional Surveyors and
Mappers in Chapter 61 G17-6, Florida Administrat,ve Code, pursuant to Section 472,027, Florida Statutes
"Not valid without the signature and the original raised
seal of a Florida Licen eas;;; eyor and Mapper"
:~R~~N,,~a~3__
Surveyor and Mapper, LS2853
Stote of Florida,
,-
Drawn By MAP r SURVEYOR NOTES AND CERTlF/CA nON I Date 10/21/08
Cad, No, 081267-1 Scale NOT TO SCALE
Ref, Dwg FORTIN, LEAVY, SKILES, INC. Job, No, 0081267
2007-034 CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORlDA CERTIFICATE OF AUTHORlZATION"N'UMBER: 00003653 Dwg, No, 1008-109-28R
Plotted: 180 Northeast 168th. Street / Nonh Miami Beach, Flor.ida. 33162 Sheet of
10/22/08 9;340 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssu.rvey.com 2 4
EXHIBITB
I
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R1GHl OF WAY
PLAT BOOK 99
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BISCAYNE YACHT AND COUNTRY CLUB
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LINE lENGTH BEARING
11 147,73 S02'40'32"E
lZ 5Z,6B 569-21 '03"W
L3 112.01 N1Z'I4'25"E
l4 36,00 50240'32"E
l5 21l.4 NB1'OO'39"E
L6 43,73 NZB'44' 49"W
l7 24,05 N03'20' 3Z"W
l8 71,73 N21'07' 43~E
19 3571 587'27'34"W
l10 61.79 N45'59'34~W
111 66,67 NOO-35' 40"E
A~3048'14"
R=4299.22'
L=285.43'
R8=N81000'38"E
NORTH LINE OF TRACT HH
PLAT SOOK 99 PACE 20 ~-r
r SKETCH OF DESCRIPTION
FORTIN, LEAVY, SKlLES, INC,
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION l'JUMBER: 00003653
180 Northeast 168th.. Street: I North Mian:..i Beach, Florida. 33162
Phone: 305-6:53-4493 I Fax 305-651-7152 / Emai] tls@f1ssurvey.com
I Date 10/21/108
Scale 1"=80'
Job, No, 081267
Dwg No, le08-109-28R
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Ref Dwg,
2007 -034
FORTIN, LEAVY, SKlLES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHOR!ZATIOKNUMBER: 00003653
180 Northeast 168th. Street. I North Miami Beach, Florida. 33162
Phone: 305-653-4-493 / Fax 305-651-7152 I E-mail fls@flssu~'ey.ccm
Sheet 4 of 4
Plotted'
10/22/08 9:340
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M, Soroka, IC
City Manager
TO: City Commission
BY: Joanne Carr, AICP ,
Community Development irector
DATE: May 15, 2009
SUBJECT: Petition of the City of Aventura to Adopt a Ten-Year Water Supply
Facilities Work Plan; to Amend the City of Aventura Comprehensive
Plan as required to implement the Ten-Year Water Supply Facilities
Work Plan; and to transmit the amendments to the Florida Department
of Community Affairs (01-CPA-08)
January 13, 2009 Local Planning Agency Agenda Item 48
January 13, 2009 First Reading City Commission Meeting Agenda Item 78
June 2, 2009 Second Reading City Commission Meeting Agenda Item 8....(:;
RECOMMENDATION
It is recommended that the City Commission take the following actions:
1. Adopt the Ten-Year Water Supply Facilities Work Plan for the City of Aventura
dated December 9,2008, revised May 12, 2009.
2. Approve and adopt amendments to the City of Aventura Comprehensive Plan to
implement the Ten-Year Water Supply Facilities Work Plan, as follows:
ij Amendments to the Future Land Use Element:
· Add Policy 7.2 to Objective 7 to provide for co-ordination of current and future
land uses with the availability of water supply
· Add Policy 7.3 to Objective 7 to require that proposed amendments to the
Future Land Use Map provide data and analysis demonstrating adequate
water supply and facilities are available
1
ii) Amendments to the Infrastructure Element, Infrastructure Goal 1 of the Plan as
follows:
· Amend Policy 2.1 of Objective 2 to set out Level of SeNice standards for
Potable Water Supply for Miami-Dade Water and Sewer Department and for
the City of North Miami Beach and remove the words "eer caeita"from the
Miami-Dade County Level of SeNice standards.
· Amend Policy 2.3 of Objective 2 to require that adequate water supply is
available concurrent with the impact of development.
· Amend Policy 2.6 of Objective 2 to extend the planning year from 2015 to
2025.
· Add a new Policy 2,7 to Objective 2 to create and adopt a Water Supply
Facilities Work Plan into the Comprehensive Plan by reference,
· Amend Policies 5.1 and 5.2 of Objective 5 to add reference to the City of
North Miami Beach.
· Amend Policy 5.3 of Objective 5 to create a Water Supply Facilities Work
Plan.
ii) Amendment to the Infrastructure Element. Infrastructure Goal 2 of the Plan as
follows:
· Amend Policv 2.3 of Obiective 2 to reelace the word "xeriscaee" with "Florida
Friendlv".
iii) Amendments to the Infrastructure Element, Aquifer Recharge Goal in the Plan as
follows:
· Amend Objective 1 to add Miami-Dade County Water and Sewer Department
and the City of North Miami Beach.
· Amend Policv 1,3 of Obiective 1 to reelace the word "xeriscaee" with "Florida
Friendlv".
iv) Amendments to the Capital Improvements Element of the Plan as follows:
· Amend Policy 2.4 of Objective 2 to add Level of SeNice standards for
Potable Water Supply for Miami-Dade Water and Sewer Department and for
the City of North Miami Beach, which both seNice the water demand for a
portion of the City of Aventura and remove the words "eer caeita" from the
Miami-Dade Water and Sewer Deearment LOS standard.
v) Amendments to the Intergovemmental Coordination Element of the Plan as
follows:
· Amend Policy 2.3 of Objective 2 to require coordination and consistencv
among the Water Supply Facilities Work Plans of the South Florida Water
Management District, Miami-Dade Water and Sewer Department and the
2
City of North Miami Beach with the City of Aventura Water Supply Facilities
Work Plan.
· Add a new Policy 2.4 to Objective 2 to identify and require consistency of
current and future level of seNice standards between the City of Aventura,
Miami-Dade Water and Sewer Department and the City of North Miami
Beach and sharina of information.
· Add a new Policv 2.5 to orovide that the Citv will coordinate with its water
suooliers to ensure that water seNice to the areas seNed bv the Countv
and NMB will be orovided based on the aoolicable Level of SeNice
standard.
vi) Amendments to the Conservation & Coastal Management Element of the Plan as
follows:
· Amend Policy 8.2 of Objective 8 to add reference to the City of North Miami
Beach; add the recently adopted Miami-Dade County Ordinance 08-14
regarding efficient plumbing fixtures, and reference to water saving irrigation
standards and the FDEP Landscaoina Irriaation and Florida Friendlv Desian
Standards.
· Add a new Policy 8,3 to Objective 8 to provide for coordination regarding the
availability of water supplies to seNe new development prior to the issuance
of a certificate of occupancy.
· Renumber existing Policies 8.3 through 8.7 of Objective 8 as Policies 8.4
through 8.8 respectively.
· Amend newly numbered Policies 8.5 and 8,7 to add reference to the City of
North Miami Beach,
· Amend newly numbered Policy 8.8 to adopt by reference the City's Ten-Year
Water Supply Facilities Work Plan and provide for future coordination with the
appropriate agencies.
3. Approve the transmittal of the plan amendments to the Florida Department of
Community Affairs and other agencies for compliance review, compliance
determination and issuance of a Notice of Intent.
THE REQUEST
City staff is requesting approval on second reading of a Ten-Year Water Supply
Facilities Work Plan and amendments to the City of Aventura Comprehensive Plan in
order to comply with Florida law.
BACKGROUND
The Florida Legislature enacted bills in the 2002, 2004, and 2005 sessions to
address the state's water supply needs. These bills, especially Senate Bills 360 and
444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida
Statutes (F,S.) by strengthening the statutory links between the regional water supply
3
plans prepared by the water management districts and the comprehensive plans
prepared by local governments. In addition, these bills established the basis for
improving coordination between the local land use planning and water supply
planning.
The proposed City of Aventura Water Supply Facilities Work Plan and the
accompanying comprehensive plan amendments were recommended for approval
by the Local Planning Agency on January 13, 2009. City Commission approved an
ordinance adopting the Water Supply Plan and incorporating the amendments into
the City's Comprehensive Plan on first reading on January 13, 2009 and authorized
transmittal to the State of Florida Department of Community Affairs (DCA) for review.
The first reading staff report is attached as Exhibit #1,
The amendments were transmitted to DCA on January 27, 2009. The DCA
Objections, Recommendations and Comments (ORC) Report was received on
April 6, 2009. There were two objections to the work plan, as follows:
Objection 1: Section 3.3 of the Water Supply Plan and Infrastructure Element
Policy 2. 1 have been revised to include the City of North Miami Beach potable
water Level of Service (LOS) standard of 144 gpd. However, Section 3.3 and
Policy 2.1 did not include a potable water LOS standard for the areas of the
City Served by the County.
Objection 2: Proposed Infrastructure Element Policy 2.7, to incorporate the
North Miami Beach 10-Year Water Supply Plan and the Miami-Dade County
20- Year Water Supply Plan by reference, is incomplete because the policy
does not include the date/edition and author of the document.
There were two recommendations and four comments, Objections are required to
be addressed. Recommendations and comments are advisory.
The Objections, Recommendations and Comments (ORC) have been addressed in
the revised ordinance and Work Plan attached to this report. The ORC response is
attached as Exhibit #2, The following revisions from first reading have been made:
· Policy 2.1 of Objective 2 of the Infrastructure Element includes a potable
water level of service standard for the area of the City serviced by Miami-
Dade County Water and Sewer Department. The words "per capita" have
been deleted from that level of service standard.
· Policy 2.7 of Objective 2 the of the Infrastructure Element has been revised to
add the date and author of the City of North Miami Beach 10 Year Water
Supply Plan and the Miami-Dade County 20 Year Water Supply Plan.
· Policy 2,3 of the Infrastructure Goal 2 has been amended to replace the word
"xeriscape" with "Florida Friendly" landscaping.
4
. Policy 2.3 of Objective 2 of the Intergovernmental Coordination Element has
been amended to confirm that the City's work plan will be updated to remain
consistent with the regional water supply plan.
. Policy 2.4 of Objective 2 of the Intergovernmental Coordination Element has
been revised to provide that the City and its water suppliers will share
information
. Policy 2.5 of the Intergovernmental Coordination Element is added to provide
that the City will coordinate with its water suppliers to ensure that water
service to the areas served by the County and North Miami Beach will be
provided at the applicable level of service standard.
. Policy 8.2 of the Conservation and Coastal Management Element is revised
to reflect that landscaping principles identified in the FDEP Landscaping
Irrigation & Florida Friendly Design Standard should be utilized.
. Section 3.3 of the Work Plan includes the level of service standard for areas
of the City served by Miami-Dade County, The LOS standard is based on the
County's data and analysis relevant to the area of the City served by the
County,
. Section 3.5 of the Work Plan notes that the County's project, Floridan Aquifer
Blending Wellfield at Hialeah/Preston, is currently on hold.
. The map shown as Figure 1 in the Work Plan has been revised to correctly
delineate the area of the City served by the City of North Miami Beach.
The additions from first reading are shown in double underlined text and the deletions
from first reading are shown in double strike-through text in the attached Ordinance.
ANALYSIS
Section 31-53 of the City's Land Development Regulations provides that the
Comprehensive Plan may be amended in accordance with that section and in
accordance with the notice and hearing procedures set forth in both the Land
Development Regulations and the applicable Florida Statutes,
Notice of the proposed amendments has been properly published. The hearing
procedure requires one public hearing by the Local Planning Agency and two public
hearings by the City Commission. The public hearing by the Local Planning Agency
and the first public hearing by the City Commission were held on January 13, 2009.
This is the second public hearing by the City Commission,
The public notice for the hearing by the Local Planning Agency and first public
hearing by the City Commission was published in the Miami Herald on December 29,
2008, The public notice for the second public hearing by the City Commission was
published in the Miami Herald on May 21, 2009. A Citizen Courtesy Information List
was announced at the first public hearing and will be announced again at the second
public hearing so that any interested party may sign the list and receive a copy of the
5
Notice of Intent from the State Department of Community Affairs (DCA). These
public notices satisfy the requirements of the City's Land Development Regulations
and the applicable sections of the Florida Statute.
If approved on second reading, the amendments will be forwarded to DCA with a
request for compliance review, compliance determination and issuance of a Notice of
Intent. The ordinance will be effective upon issuance of the Notice of Intent by DCA,
subject to a statutory appeals period.
6
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
clor
FROM:
Eric M. Soroka, IC
City Manager
BY:
Joanne Carr, AICP
Community Develop
DATE: December 10, 2008
SUBJECT: Petition of the City of Aventura to Adopt a Ten-Year Water Supply
Facilities Work Plan; to Amend the City of Aventura Comprehensive
Plan as required to implement the Ten-Year Water Supply Facilities
Work Plan; and to transmit the amendments to the Florida Department
of Community Affairs (01-CPA-08)
January 13, 2009 Local Planning Agency Agenda Item AB
January 13, 2009 First Reading City Commission Meeting Agenda Item::1.B
, 2009 Second Reading City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission take the following actions:
1. Adopt a Ten-Year Water Supply Facilities Work Plan for the City of Aventura.
2. Approve and adopt amendments to the City of Aventura Comprehensive Plan to
implement the Ten-Year Water Supply Facilities Work Plan, as follows:
i) Amendments to the Future Land Use Element:
. Add Policy 7.2 to Objective 7 to provide for co-ordination of current and future
land uses with the availability of water supply
. Add Policy 7.3 to Objective 7 to require that proposed amendments to the
Future Land Use Map provide data and analysis demonstrating adequate
water supply and facilities
Exhibit 1
01-CPA-08
1
ii) Amendments to the Infrastructure Element, Infrastructure Goal 1 of the Plan as
follows:
. Amend Policy 2.1 of Objective 2 to add Level of Service standards for
Potable Water Supply for the City of North Miami Beach, which services the
water demand for a portion of the City of Aventura.
. Amend Policy 2.3 of Objective 2 to require that adequate water supply is
available concurrent with the impact of development.
. Amend Policy 2,6 of Objective 2 to extend the planning year from 2015 to
2025.
. Add a new Policy 2.7 to Objective 2 to create and adopt a Water Supply
Facilities Work Plan into the Comprehensive Plan by reference.
. Amend Policies 5.1 and 5,2 of Objective 5 to add reference to the City of
North Miami Beach.
. Amend Policy 5.3 of Objective 5 to create a Water Supply Facilities Work
Plan.
iii) Amendments to the Infrastructure Element, Aquifer Recharge Goal in the Plan as
follows:
. Amend Objective 1 to add Miami-Dade County Water and Sewer Department
and the City of North Miami Beach,
iv) Amendments to the Capital Improvements Element of the Plan as follows:
. Amend Policy 2.4 of Objective 2 to add Level of Service standards for
Potable Water Supply for the City of North Miami Beach, which services the
water demand for a portion of the City of Aventura.
v) Amendments to the Intergovemmental Coordination Element of the Plan as
follows:
. Amend Policy 2.3 of Objective 2 to require coordination among the Water
Supply Facilities Work Plans of the South Florida Water Management District,
Miami-Dade Water and Sewer Department and the City of North Miami
Beach with the City of Aventura Water Supply Facilities Work Plan.
. Add a new Policy 2.4 to Objective 2 to identify and require consistency of
current and future level of service standards between the City of Aventura,
Miami-Dade Water and Sewer Department and the City of North Miami
Beach.
2
vi) Amendments to the Conservation & Coastal Management Element of the Plan as
follows:
. Amend Policy 8.2 of Objective 8 to add reference to the City of North Miami
Beach; add the recently adopted Miami-Dade County Ordinance 08-14
regarding efficient plumbing fixtures, and reference to water saving irrigation
standards.
. Add a new Policy 8.3 to Objective 8 to require coordination regarding the
availability of water supplies to serve new development prior to the issuance
of a certificate of occupancy.
. Renumber existing Policies 8.3 through 8.7 of Objective 8 as Policies 8.4
through 8,8 respectively.
. Amend newly numbered Policies 8,5 and 8,7 to add reference to the City of
North Miami Beach.
. Amend newly numbered Policy 8.8 to adopt by reference the City's Ten-Year
Water Supply Facilities Work Plan and require future coordination with the
appropriate agencies.
3. It is further recommended that the City Commission approve the transmittal of
the plan amendments to the Florida Department of Community Affairs and
other agencies for review prior to adoption,
THE REQUEST
City staff is requesting approval of a Ten-Year Water Supply
Facilities Work Plan and amendments to the City of Aventura Comprehensive Plan in
order to comply with Florida law,
BACKGROUND
The Florida Legislature enacted bills in the 2002, 2004, and 2005 sessions to
address the state's water supply needs. These bills, especially Senate Bills 360 and
444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida
Statutes (F,S.) by strengthening the statutory links between the regional water supply
plans prepared by the water management districts and the comprehensive plans
prepared by local governments. In addition, these bills established the basis for
improving coordination between the local land use planning and water supply
planning.
The proposed City of Aventura Water Supply Facilities Work Plan is attached as
Exhibit #1. The purpose of this work plan is to identify and plan for the water supply
sources and facilities needed to serve existing and new development within the City's
jurisdiction. Chapter 163, Part II, F.S., requires local governments to prepare and
adopt Work Plans into their comprehensive plans within 18 months after the water
management district approves a regional water supply plan or its update. The Lower
3
East Coast Water Supply Plan Update was approved by the South Florida Water
Management District on February 15, 2007, The City has been working diligently
with Miami Dade Water & Sewer Department and the City of North Miami Beach
since adoption of the Lower East Coast Water Supply Plan Update to complete this
work plan for our City.
Residents of the City of Aventura obtain their water directly from either the Miami-
Dade County Water and Sewer Department or from the City of North Miami Beach.
Each of these water providers is responsible for ensuring that enough capacity is
available for existing and future customers. Each has prepared their own Water
Supply Facilities Work Plan and transmitted them to the State for approval. The
City's work plan co-ordinates with our suppliers' work plans. The City's responsibility
under our work plan is to ensure co-ordination of our comprehensive plan water use
goals, objectives and policies and to support water conservation and reuse with
these two agencies and with the South Florida Water Management District,
ANALYSIS
Section 31-53 of the City's Land Development Regulations provides that the
Comprehensive Plan may be amended in accordance with that section and in
accordance with the notice and hearing procedures set forth in both the Land
Development Regulations and the applicable Florida Statutes.
Notice of the proposed amendments has been properly published. The hearing
procedure requires one public hearing by the Local Planning Agency and two public
hearings by the City Commission. If adopted on first reading, the ordinance will be
transmitted to the Florida Department of Community Affairs and all applicable
agencies. The ordinance will be scheduled for second and final reading once any
objections, recommendations and comments from these agencies have been
addressed.
The proposed revisions to the elements have been drafted to be consistent with the
Miami-Dade County and the City of North Miami Beach Water Supply Facilities Work
Plans and to comply with all statutory requirements.
4
City of Aventura
Response to
Florida Department of Community Affairs (DCA)
Objections, Recommendations and Comments Report (ORC)
DCA No. 09RWSP-1
Addressing Adoption of Water Supply Plan and Amendments to
City of Aventura Comprehensive Plan
Response Date: May 19, 2009
This report contains responses from the City of Aventura to the objections
referenced in the Objections, Recommendations and Comments (ORC) Report
issued by the Florida Department of Community Affairs (DCA) dated April 6,
2009.
These objections must be addressed since they form the basis of potential
determinations of non-compliance by DCA. The DCA objections and
corresponding recommendations are summarized below, followed by the City of
Aventura's responses and then followed by the City's proposed amended
element incorporating those responses and showing additions from the first
transmittal in double underlined text and deletions from the first transmittal shown
in double stricken-through text.
Objection 1: Section 3.3 of the Water Supply Plan and Infrastructure
Element Policy 2.1 have been revised to include the City of North Miami
Beach potable water level of Service (lOS) standard of 144 gpd. However,
Section 3.3 and Policy 2.1 did not include a potable water lOS standard for
the areas of the City served by the County.
DCA Recommendation: Revise Section 3.3 of the Water Supply Plan and Infrastructure
Element Policy 2.1 to include a level of service standard for areas of the City served by
Miami-Dade County. The LOS standard should be based on data and analysis relevant
to the area of the City served by the County. The City should also include a policy to
coordinate with the County to ensure water service to the areas served by the County will
be provided based on the LOS standard.
City Response: Section 3.3 of the Water Supply Plan and Infrastructure Element Policy
2.1 both contain the LOS standard for the areas of the City served by Miami-Dade Water
and Sewer Department. The words "per capita" in the County LOS have been deleted in
accordance with the County's comment letter dated March 13, 2009 to read "average
daily system demand". This LOS standard is based on the County's data and analysis
relevant to the area of the City served by the County. Policy 2.5 has been added to the
Intergovernmental Coordination Element to provide that the City shall coordinate with
the County and City of North Miami Beach to ensure that water service to the areas
Exhibit 2
01-CPA-08
served by the County and NMB will be provided based on the applicable Level of
Service standard.
Objection 2: Proposed Infrastructure Element Policy 2.7 to incorporate the City of
North Miami Beach 10 year water supply plan and the Miami-Dade County 20 year
water supply plan by reference is incomplete because the policy does not include the
date/edition and author of the document.
DCA Recommendation: Revise Infrastructure Element Policy 2.7 to include the title,
author and date/edition of the document being adopted by reference, Documents adopted
by reference and are revised subsequent to Plan adoption will need to have their
reference updated within the plan through the amendment process,
City Response: Infrastructure Element Policy 2.7 has been revised to include the
date/edition and author of the County water supply plan and the City of North Miami
Beach water supply plan.
In response to the "Comments" of the ORC report dated April 6, 2009, the City proposes
the following revisions from the plan amendment received by DCA on February 2,2009:
. Intergovernmental Coordination Element Policy 2.3 has been revised to ensure
consistency with the Lower East Coast Regional Water Supply Plan by adding the
suggested wording in Comment #2.
. Intergovernmental Coordination Element Policy 2.4 has been revised to provide
for information sharing with our water suppliers by adding the suggested wording
in Comment #3.
. All review comments by Miami-Dade County in its letter dated March 13, 2009
have been incorporated into the water supply plan and comprehensive plan
amendments.
SUMMARY OF PROPOSED AMENDMENTS TO CITY OF A VENTURA
FUTURE LAND USE ELEMENT, INFRASTRUCTURE ELEMENT, CAPITAL
IMPROVEMENTS ELEMENT, INTERGOVERNMENTAL CO-ORDINATION
ELEMENT AND CONSERVATION & COASTAL MANAGEMENT ELEMENT
AND TEN YEAR WATER SUPPLY FACILITIES WORK PLAN
DCA No. 09-RWSP-l
(Double underline text represents additions and double strike out text represents
deletions to the document received by DCA on February 2, 2009)
1. The Ten-Year Water Supply Facilities Work Plan dated December 9,2008, Revised
Mav 12.2009, attached as Exhibit #1 to this Ordinance, is hereby adopted as the water
supply facilities work plan for the City of A ventura. Fil!ure 1. Service Area Map. Pal!e
28. has been revised to correctlv delineate the area served bv the Citv of North Miami
Beach.
2. Amendments to the Future Land Use Element. The Future Land Use Element
of the City of Aventura Comprehensive Plan is hereby amended as follows:
Policy 7.2 is added to Objective 7 to provide for coordination of current andfuture land
uses with the availability of water supply.
Policy 7.2
The City. through its Land Development Regulations and in coordination with the Ten-
Year Water Supply Facilities Work Plan will coordinate current land uses and any future
land use changes with the availability of water supply system.
Policy 7.3 is added to Objective 7 to require that proposed amendments to the Future
Land Use Map provide data and analysis demonstrating adequate water supply and
facilities
Policy 7.3
The City shall require proposed amendments to the Future Land Use Map provide data
and analysis demonstrating adequate water supply and facilities are available.
3.
Amendments to the Infrastructure Element.
The Infrastructure Element
of the City of A ventura Comprehensive Plan is hereby amended as follows:
INFRASTRUCTURE GOAL 1 - Policy 2.1 of Objective 2 is amended to add Level of
Services standards for Potable Water Supply for the City of North Miami Beach, which
services a portion of the City of A ventura
Policy 2.1
To assure an adequate level of service, potable water and sanitary sewer facilities shall
meet the following level of service standards, as adopted by Miami-Dade County Water
and Sewer Department and the City of North Miami Beach, the City's current service
provider~.
1) Potable Water Supply
Area Serviced bv Miami-Dade Water & Sewer Department
(a) The system shall operate with a rated maximum daily capacity which is no less
than 2 percent above the maximum daily flow for the preceding year, and an average
daily capacity 2 percent above the average daily JHH @a~ita system demand for the
preceding 5 years.
(b ) Water shall be delivered to users at a pressure no less than 20 pounds per square
inch (psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade
Fire Department, minimum fire flow based on the land use served shall be maintained as
follows:
Land Use
Single Family Residential/Estate
Single Family, Duplex, and Residential on minimum
lots 00,500 sf.
Multi-Family Residential
Semiprofessional Offices, Hospitals, Schools
Business and Industry
Min. Fire Flow
500 gal/min
750 gal/min
1,500 gal/min
2,000 gaUmin
3,000 gaUmin
(c) Water quality shall meet all federal, State and County primary standards for
potable water.
(d) System-wide storage capacity for finished water shall equal no less than 15
percent of the system average daily demand.
Area Serviced bv the City of North Miami Beach
Potable Water: the City's water system shall provide 144 gallons per person per day at
a pressure of 40 pounds per square inch (psi). The City attempts to maintain a water
pressure of 40 pounds per square inch (psi) although 20 psi is the legal minimum.
Policy 2.3 of Objective 2 is amended to require that adequate water supply is available
concurrent with the impact of the development
Policy 2.3
Except as provided by Objective 1 and the supporting policies, no development order
authorizing new development or a significant expansion of an existing use shall be issued
for any area of the City which is served by a potable water or sanitary sewer facility
which does not meet the standards in Policy 2.1 or will not meet these standards
concurrent with the completion of the development. In any case where these federal,
state, or county standards referenced in Policy 2.1 are revised, a reasonable time for
compliance with the new standards shall be allowed.
Prior to approving a building permit. the City shall require that adequate water supplies to
serve the new development will be available no later than the anticipated date of a
certificate of occupancy or its functional equivalent.
Policy 2.6 of Objective 2 is amended to extend the year from 2015 to 2025
Policy 2.6
The City shall continue to coordinate with a provider who shall continue the expansion of
existing water and wastewater treatment plants to meet demand through the year ~
2025.
Policy 2.7 of Objective 2 is added to create and adopt a Water Supply Facilities Work
Plan by reference
Policy 2.7
The City shall create and adopt a Water Supply Facilities Work Plan that is consistent
with the South Florida Water Management District's Lower East Coast Regional Water
Supply Plan. Miami-Dade Water and Sewer Department~ Water Suoolv Facilities Work
Plan Reoort. oreoared bv CDM. dated November 26.2007. and the City of North Miami
Beach~ lO-Year Water Suoolv Facilities Work Plan oreoared bv MHE. dated Mav 2008.
The City's Work Plan will be updated within 18 months after the South Florida Water
Management District's Lower East Coast Regional Water Supply Plan. Miami-Dade
Water and Sewer Department's Work Plan. and the City of North Miami Beach's Work
Plan are updated. The City of Aventura. Florida. Water Supply Facilities Work Plan
dated December 9. 2008. revised Mav 12.2009. is hereby adopted by reference.
Policies 5,1 and 5.2 of Objective 5 are amended to add the City of North Miami Beach
Policy 5.1
The City of Aventura shall encourage support Miami-Dade County and the City of North
Miami Beach in the development of its future potable water supplies, to the maximum
extent feasible, utilize methods which preserve the integrity of the Biscayne Aquifer,
protect the quality of surface water and related ecosystems, and comply with the land use
and environmental protection policies of the Miami-Dade County CDMP, the City of
North Miami Beach, the Strategic Regional Policy Plan for South Florida, and the State
Comprehensive Plan.
Policy 5.2
When reclaimed water becomes available, the City shall consider its use on public and
private properties. Currently, the Miami-Dade Water and Sewer Department and the City
of North Miami Beach is are responsible for implementing any reuse that is deemed by
the County to be economically feasible.
Policy 5.3 of Objective 5 is amended to create a Water Supply Facilities Work Plan
Policy 5.3
The City shall create a Ten-Year Water Supply Facilities Work Plan that is consistent
with rC'/iew the water supply facility the work plans of Miami-Dade County MDW ASD
and the City of North Miami Beach, as they are adopted and/or periodically updated, in
order to identify alternative projects that will increase its water supply, and shall
coordinate with Miami-Dade County and the City of North Miami Beach, as appropriate,
in the implementation of these projects.
INFRASTRUCTURE GOAL 2 - Policv 2,3 ofObiective 2 is amended to revlace the word
"xeriscave" with "Florida Friendlv"
Policy 2.3
Water conserving irrigation and other landscape practices such as Xeriseape Florida
Friendlv shall be used wherever feasible. Through its site and landscape reviews,
A ventura shall ensure that appropriate native and HeFi8e~e Florida Friendly plant
materials are used, particularly where public water is used to water lawns, golf courses
and landscaped green spaces.
Objective 1 of the Aquifer Recharge Goal in the Infrastructure Element is amended to
add Miami-Dade County Water and Sewer Department and the City of North Miami
Beach, and Policv 1.3 is amended to revlace the word "xeriscave" with "Florida
Friendlv".
The City shall support the efforts of the County Miami-Dade County Water and Sewer
Department and the City of North Miami Beach to identify significant ground water
resources and protect them through land use controls, public acquisition, easements or
other appropriate methods.
Policy 1.3
The City shall institute a comprehensive program responsible for educating businesses
and residents of: the County's current water conservation policies, the fragility of the
aquifer, methods to reuse and conserve water, well abandonment problems and rules, and
benefits of drought resistant plants (xeriseape Florida Friendlv)
4. Amendment to Capital Improvements Element. The Capital Improvements Element
of the City of A ventura Comprehensive Plan is hereby amended as follows:
Policy 2.4 of Objective 2 is amended to add Level of Services standards for Potable
Water Supply for Miami-Dade Water and Sewer Department and for the City of North
Miami Beach which both service a portion of the City of Aventura
Policy 2.4
The Five- Year Capital Improvements Program, or the City's contract providers as
appropriate, shall incorporate the identified capital investments from each functional
element and will be based on the following LOS standards: [9J-5.016(3)(c)4]
Potable Water Supply
Area Serviced bv Miami-Dade Water & Sewer Devartment:
a) The treatment system shall operate with a rated maximum daily capacity
which is no less than two percent (2%) above the maximum daily flow for the
preceding year, and an average daily capacity two percent (2%) above the
average daily J3er eaJ3ita system demand for the preceding five (5) years.
Water shall be delivered to users at a pressure no less than twenty (20) pounds
per square inch (psi) and no greater than 100 psi. Unless otherwise approved
by the Miami-Dade Fire Department or successor entity, minimum fire flow,
based on the land use served, shall be maintained as follows:
Minimum Fire Flow
Land Use
Gallons per Minute
Single Family Residential Estate Density
Single Family and Duplex Residential on Minimum lots
of7,599 ft2
Multi-family Residential, Semiprofessional Offices
Hospitals, Schools
Business and Industry
500
750
1,500
2,000
3,000
b) Water quality shall meet all federal, state and county pnmary standards for
potable water.
c) System-wide storage capacity for finished water shall equal no less than fifteen
(15) percent of the system-wide average daily demand.
Area Serviced bv the City of North Miami Beach
5, Amendment to the Intere:overnmental Coordination Element. The
Intergovernmental Coordination Element of the City of A ventura Comprehensive Plan is
hereby amended as follows:
Policy 2.3 of Objective 2 is amended to specify coordination and consistencv among the
work plans of the South Florida Water Management District, Miami-Dade Water and
Sewer Department and the City of North Miami Beach with the City of A ventura Work
Plan
Policy 2.3
The City shall support, as appropriate, Miami Dade County's and North Miami Beach's
de'.'elopment and implementation of the 'Nater Supply Facilities Work Plan required by
Florida Statute and the \-yater conservation efforts of other agencies.
The City shall ensure coordination of the comprehensive plan with the most current
South Florida Water Management District Lower East Coast Rel!ional Water Supply Plan
Update as well as the Miami-Dade County V,rat~r ana ~~';:~r D~~8ftm~m and the City of
North Miami Beach Water Supply Facilitv Work Plans when proposing and/or amending
the City's Ten-Year Water Supply Facilities Work Plan. The City's Work Plan shall be
updated within 18 months after the South Florida Water Management District updates the
Lower East Coast Regional Water Supply Plan to remain consistent with the rel!ional
water supply plan. The City shall maintain a record of City staff attendance and
participation in appropriate intergovernmental and/or multi-iurisdictional coordination
efforts (i.e. meetings, workshops, committees, agreements).
Policy 2.4 of Objective 2 is added to identify and ensure consistency of level of service
standards between the City of Aventura, Miami-Dade Water and Sewer Department and
the City of North Miami Beach and sharinf! of information
Policy 2.4
The City shall ensure and identify the consistency of local level of service standards by
annually contacting Miami-Dade County Water and Sewer Department and the City of
North Miami Beach as the City's service providers, to obtain and share current
information, including populations, level of services, service areas, water supply
facilities, implementation schedule of required potable water conservation and reuse
measures and evaluate if future modification to either the service agreement or level of
service standards should be included in subsequent Comprehensive Plan Amendments.
This contact may be by way of meeting of the Miami-Dade Planners Technical
Committee or by mutually agreed upon tri-party meetings.
Policv 2.5 of Obiective 2 is added to vrovide that the Citv will coordinate with its
suvvliers to ensure that water service to the areas served bv the Countv and the Citv of
North Miami Beach will be vrovided based on the avvlicable Level of Service standard.
Policy 2.5
The Citv shall coordinate with Miami-Dade Water and Sewer Deoartment and with the
Citv of North Miami Beach to ensure that water service to the areas served bv the Countv
and the citv of North Miami Beach will be orovided based on the aoolicable Level of
Service standard.
6. Amendment to the Conservation and Coastal Manaeement Element. The
Conservation and Coastal Management Element of the City of Aventura Comprehensive
Plan is hereby amended as follows:
Policy 8.2 of Objective 8 is amended to add the City of North Miami Beach; add the
recently approved Miami-Dade County Ordinance 08-14 regarding efficient plumbing
fixtures; add reference to water saving irrigation standards: and add reference to the
Florida Devartment of Environmental Protection Landscave Irrieation and Florida
Friendlv Desien Standards.
Policy 8.2
In order to comply with policies of the South Florida Water Management District
directed toward conservation of potable water supply and to achieve a reduction in the
current rates of water consumption the following performance standards shall apply:
· Where non-potable alternative sources of irrigation water are available
potable water supplies may not be used to meet irrigation needs.
· The City of Aventura shall encourage coordinate with the Miami-Dade
Water and Sewer Department (MDW AS D) and the City of North Miami
Beach to study the feasibility of using reclaimed water as one method of
reducing the amounts of potable water used for non-potable activities.
· Require the use of water-saving plumbing fixtures in all new
developments as required by Miami-Dade County Ordinance 08-14.
· Require the use of water-saving plumbing fixtures when plumbing fixtures
are replaced or retrofitted.
· In order to reduce demand for irrigation water (which in turn often places
greater demand upon potable water sources), at least seventy percent
(70%) of all landscaping material obtained from off-site sources for use on
· In order to reduce demand for irrigation water (which in turn often places
greater demand upon potable water sources), at least seventy percent
(70%) of all landscaping material obtained from off-site sources for use on
any site should be native plant material adapted to soil and climatic
conditions existing on the subject site such as landscaping principles
identified in FDEP Landscaping Irrigation and Florida-Friendly Design
Standards.
· To further reduce water demand at least fifty percent (50%) of all trees
used in landscaping shall be native species adapted to soil and climatic
conditions existing on-site. Landscaping orinciples identified in FDEP
Landscaping Irrigation and Florida Friendlv Design Standards should be
utilized.
Policy 8.3 of Objective 8 is added to provide for coordination regarding the availability
of water supplies to serve new development prior to a certificate of occupancy
Policy 8.3
The City of Aventura will cooperate with MDWASD and the City of North Miami Beach
to require that before the issuance of a building permit or its functional equivalent.
adequate water supplies to serve the new development will be available no later than the
anticipated date of issuance by the local government of a certificate of occupancy or its
functional equivalent.
Policies 8.3 through 8,7 of Objective 8 are renumbered and newly numbered Policies 8.5
and 8, 7 are amended to add the City of North Miami Beach
Poliey 8.3 Policy 8.~
The City of A ventura shall continue to cooperate with local, regional, state and federal
agencies for the management of fresh water resources to maintain adequate fresh water
supplies during dry periods and to, when practicable, conserve water.
Poliey 8.4 Policy 8.~
The City of Aventura shall continue to cooperate with MDW ASD, the City of North
Miami Beach and the South Florida Water Management (SFWMD) for the
implementation of water demand management policies and programs.
Poliey 8.5 Policy 8.,2
The City of A ventura shall continue to require compliance with all applicable federal,
state, regional and county water quality standards.
Poliey 8.6 Policy 8.1
The City of A ventura shall cooperate with MDW ASD, the Citv of North Miami Beach
and the SFWMD to conserve water resources during emergencies.
Newly numbered Policy 8.8 of Objective 8 is amended to adopt the City's Ten-Year
Water Supply Facilities Work Plan and ensure future coordination with the appropriate
agencies
Poliey 8.7 Policy 8.~
The City shall adopt a Ten-Year Water Supply Facilities Work Plan. The City shall
coordinate implementation of the Work Plan's goals, obiectives and policies with the
work plans of support, as appropriate, the South Florida Water Management District,
Miami-Dade COlHl'ty Water and Sewer Department and the City of North Miami Beach~
in their development and implementation of the 'Nater Supply Faeilities Workplan
required by Florida Statute, The City shall also coordinate its efforts to conserve water
with the efforts of these agencies in their afl€l the water conservation efforts and other
agenCies.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
April 6, 2009
THOMAS G, PELHAM
Secretary
-9~
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The Honorable Susan Gottlieb, Mayor
City of Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
Dear Mayor Gottlieb:
The Department of Community Affairs has completed its review of the City of Aventura
proposed Comprehensive Plan Amendment (DCA No, 09RWSP-1), which was received on
February 2, 2009. Copies of the proposed amendment have been distributed to appropriate state,
regional, and local agencies for their review and their comments are enclosed,
The Department has reviewed the comprehensive plan amendment for consistency with
Rule 9J-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes, and has
prepared the attached Objections, Recommendations, and Comments (ORC) Report which
outlines our findings concerning the comprehensive plan amendment.
The Department has identified two objections in the proposed amendment related to the
City's need to include a potable water level of service standard for the areas served by Miami-
Dade County and an incomplete incorporation by reference of the North Miami Beach 10-Year
Water Supply Plan and the Miami-Dade County 20- Year Water Supply Plan,
My staff and I are available to assist the Village in addressing the issues identified in our
report, If you have any questions, please contact Sevini Guffey, AICP, Community Planner, at
sevini.guffey@dca,state.fl.us or at (850) 922-5315.
Sincerely,
07 ~h}7'7 21L~JJ
Mike McDaniel, Chief
Office of Comprehensive Planning
MM/skg
Enclosures:
Objections, Recommendations and Comments Report
Review Agency Comments
cc: Joanne Carr, AICP, City of Aventura Community Development Director
Eric Soroka, ICMA-CM, City of Aventura City Manager
Carolyn A Dekle, AICP, Executive Director, South Florida Regional Planning Council
2555 SHUMARD OAK BOULEVARD . TALLAHASSEE, FL 32399.2100
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. COMMUNITY PLANNING550~:68-2356Ip) 650-4e8.3309 (1) . FLORIDA COMMUNITIES TRUST 850.922,2207 Ii;) ~5C,921.1747 'J) .
. HOUSING AND COMMUNITY DEVELOPMENT ,,50-438.7956 tPi 650,922,5623(1) .
DEPARTMENT OF COMMUNITY AFFAIRS
CITY OF AVENTURA
PROPOSED AMENDMENT #09RWSP-1
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
April 6, 2009
Division of Community Planning
This report is prepared pursuant to Rule 9J-11.01 0, F.A.C.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
FOR THE
CITY OF AVENTURA
PROPOSED COMPREHENSIVE PLAN AMENDMENT #09RWSP-1
Introduction
The following objections, recommendations and comments are based upon the Department's
review of the City of Aventura #09RWSP-1 proposed amendment to its Comprehensive Plan
pursuant to s. 163.3184, Florida Statutes (F.S,),
The objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida
Administrative Code (F.A.C,), and Chapter 163, Part II, F.S. Each objection includes a
recommendation of one approach that might be taken to address the cited objection. Other
approaches may be more suitable in specific situations, Some of these objections may have
initially been raised by one or more of the other external review agencies, If there is a difference
between the Department's objection and the external agency advisory objection or comment, the
Department's objection would take precedence,
Each of these objections must be addressed by the City and corrected when the amendment is
resubmitted for our compliance review. Objections that are not addressed may result in a
determination that the amendment is not in compliance, The Department may have raised an
objection regarding missing data and analysis items, which the local government considers not
applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant
to Rule 9J-5,002(2), F.A.C., must be submitted. The Department will make a determination on the
non-applicability of the requirement, and if the justification is sufficient, the objection will be
considered addressed,
The comments that follow the objections and recommendations section are advisory in nature,
Comments will not form bases of a determination of non-compliance. They are included to call
attention to items raised by our reviewers, The comments can be substantive, concerning planning
principles, methodology or logic, as well as editorial in nature dealing with grammar, organization,
mapping, and reader comprehension,
Appended at the end of the Department's ORC Report are the comment letters from the other state
review agencies and other agencies, organizations and individuals. These comments are advisory
to the Department and may not form bases of Departmental objections unless they appear under
the "Objections" heading in this report.
- 2 -
Transmittal Procedures
Upon receipt of this letter, the City of Aventura has 60 days in which to adopt, adopt with changes,
or determine that the City will not adopt the proposed amendment. The process for adoption of
local government comprehensive plan amendments is outlined in s, 163,3184, F, S" and Rule 9J-
11,011, F.A.C, The City must ensure that all ordinances adopting comprehensive plan
amendments are consistent with the provisions of Chapter 163,3189(2)(a), F,S,
Within ten (10) working days of the date of adoption, the City must submit the following to the
Department:
Three copies of the adopted comprehensive plan amendments;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing body, if any, which were not included in the
ordinance; and
A statement indicating the relationship of the additional changes to the Department's
Objections, Recommendations and Comments Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendments, and pursuant to
Rule 9J-11.011 (5), F,A.C., please provide a copy of the adopted amendment directly to the
Executive Director of the South Florida Regional Planning Council.
Please be advised that Section 163,3184(8)(c), F.S" requires the Department to provide a
courtesy information statement regarding the Department's Notice of Intent to citizens who furnish
their names and addresses at the local government's plan amendment transmittal (proposed) or
adoption hearings, In order to provide this courtesy information statement, local governments are
required by law to furnish the names and addresses of the citizens requesting this information to
the Department. Please provide these required names and addresses to the Department
when you transmit your adopted amendment package for compliance review. In the event
there are no citizens requesting this information, please inform us of this as well. For
efficiency, we encourage that the information sheet be provided in electronic format.
- 3 -
I. Consistency with Chapter 163, F.S., and Rule 9J-5, F.A.C.
Summary
The City of Aventura submitted its proposed 10-Year Water Supply Facilities Work Plan and
related amendments to the Land Use, Infrastructure, Capital Improvements, Intergovernmental
Coordination, and Conservation and Coastal Management Elements of the City's Comprehensive
Plan, The Department of Community Affairs has identified two (2) objections and four (4)
comments_ The objections are related to the City's failure to include the Miami-Dade County
potable water LOS standard for the areas served by the County and an incomplete incorporation
by reference of North Miami Beach 10-Year Water Supply Plan and the Miami-Dade County 20-
Year Water Supply Plan,
I Objections and Recommendations
Objection 1: Section 3.3 of the Water Supply Plan and Infrastructure Element Policy 2.1 have
been revised to include the City of North Miami Beach potable water Level of Service (LOS)
standard of 144 gpd, However, Section 3,3 and Policy 2,1 did not include a potable water LOS
standard for the areas of the City served by the County.
Authority: Sections 163,3177(4)(a), 163,3177(6)(a), (6)(c), (6)(d), (8), 163,3177(9)(b),
163.3177(9)(h), 163,3177(10)(f), FS, and Rules 9J-5,005(2), (3), (5), 9J-5,006(3)(c)3, 9J-
5,011 (2)(c)2, 9J-5,015(3)(b)1, 3, (3)(c)1, 3, 11, and 9J-5.016(3), (4), FA.C.
Recommendation: Revise Section 3.3 of the Water Supply Plan and Infrastructure Element Policy
2.1 to include a level of service standard for areas of the City served by Miami-Dade County, The
LOS standard should be based on data and analysis relevant to the area of the City served by the
County, The City should also include a policy to coordinate with the County to ensure water
service to the areas served by the County will be provided based on the LOS standard,
Objection 2: Proposed Infrastructure Element Policy 2,7, to incorporate the North Miami Beach
10-Year Water Supply Plan and the Miami-Dade County 20-Year Water Supply Plan by reference,
is incomplete because the policy does not include the date/edition and author of the document
Authority: Sections 163.3167(13), 163,3177(4)(a), (6)(a), (c), (d), (8), (10), FS, Rule 9J-5,005(2),
9J-5.006(2)(a), and 9J-5,011 (1), F.A.C,
Recommendation: Revise Infrastructure Element Policy 2,7 to include the title, author and
date/edition of the document being adopted by reference. Documents adopted by reference and
are revised subsequent to Plan adoption will need to have their reference updated within the plan
through the amendment process,
i Comments
Comment 1: The City should adopt a potable water level of service standard for non-residential
land uses such as commercial, industrial and office uses, Non-residential level of service
standards could be based on gallons per a number of square feet of building area,
Comment 2: Revise Intergovernmental Coordination Element Policy 2,3 as follows in bold font to
ensure consistency with the Lower East Coast Regional Water Supply Plan:
- 4 -
The City shall ensure coordination of its comprehensive plan with the most current South Florida
Water Management District Lower East Coast Regional Water Supply Plan Update as well as the
Miami-Dade County and North Miami Beach Water Supply Facility Work Plans when proposing
and/or amending the City's Ten-Year Water Supply Facilities Work Plan. The City's Work Plan
shall be updated within 18 months after the South Florida Water Management District updates the
Lower East Coast Regional Water Supply Plan to remain consistent with the regional water
supply plan. The City shall maintain a record of City staff attendance and participation in
appropriate intergovernmental and/or multi-jurisdictional coordination efforts (Le, meetings,
workshops, committees, agreements, etc,),
Comment 3: It is recommended that the City revise the Intergovernmental Coordination Element
Policy 2.4 as follows in bold font to insure that information is provided by the City to its water
service providers as well as to obtain information from the water service providers:
The City shall ensure and identify the consistency of local level of service standards by annually
contacting Miami-Dade County Water and Sewer Department and North Miami Beach as the City's
service providers, to obtain and share current information, including populations, level of services,
service areas, water supply facilities, implementation schedule of required potable water
conservation and reuse measures and evaluate if future modification to either the service
agreement or level of service standards should be included in subsequent Comprehensive Plan
Amendments. This contact may be by way of meetings of the Miami-Dade Planners Technical
Committee or by mutually agreed upon tri-party meetings.
Comment 4: The City is encouraged to revise its Water Supply Facilities Work Plan as outlined by
the Miami-Dade County review letter dated March 13, 2009 to ensure the City's Plan is consistent
with the County's Water Supply Plan,
II. Consistency with Chapter 187, F.S.
The proposed amendment is inconsistent with the following provisions of Chapter 187, F,S" the
State Comprehensive Plan:
Section 187,201 (7), Water Resources, Policies (b)2, 5, 11, 13, and 14: Ensure that new
development is compatible with existing local and regional water supplies, protect aquifers, and
promote water conservation,
Section 187,201(15), Land use, Policies (b)1 and 6 concerning land use and directing development
to areas that have the land and water resources, and service capacity to accommodate growth,
This requirement relates to Objection 1.
Section 187.201 (17), Public Facilities, Policies (b)1, 5, 6, 7 and 9 concerning funding public
facilities to serve residents in a timely manner, These requirements relate to Objection 1,
Section 187,201 (20), Governmental Efficiency, Policies (b) 1: Encourage greater cooperation
between, among, and within all levels of Florida government.
Section 187,201(25), Plan Implementation, Policy 2, 3 and 7 to ensure local plans implement and
accurately reflect State goals and policies. This requirement relates to Objection 1,
By addressing the concerns noted in Section I., these inconsistencies with Chapter 187, Florida
Statutes, can be addressed,
- 5 -
~'a,-
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
March 13, 2009
Mr. Ray Eubanks, Administrator
Plan Review and Processing
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Fl 32399-2100
f.;f
Dear Mr. Eubanks:
Subject:
City of Aventura, DCA #09-RWSP1
SFWMD Comments on Proposed Comprehensive Plan Amendment
Package
The South Florida Water Management District (District) has completed its review of the
proposed amendment package submitted by the City of Aventura (City). The proposed
amendment adopts the Water Supply Facilities Work Plan (Work Plan) and related
amendments into the Future land Use, Infrastructure, Capital Improvements,
Intergovernmental Coordination, and ConseNation and Coastal Management elements.
The City's potable water suppliers are Miami-Dade County and the City of North Miami
Beach.
The District offers the following recommendations, which we request that you include in
your review comments to the City, to assist them in fully meeting the statutory
requirements for water supply and related capital improvements planning through the
proposed amendments:
. Revise the comprehensive plan to reflect specific on-going coordination
mechanisms verifying that the City of North Miami Beach will continue to
incorporate Aventura's proposed population projections and potable water
demands in North Miami Beach's Work Plan.
. Revise Section 3.3 of the Work Plan and applicable related policies to reflect that
Miami-Dade County uses 155 gallons per capita per day as a system-wide
average for the municipalities that it seNes.
. Revise the comprehensive plan to include a policy for incorporation of the Miami-
Dade County and North Miami Beach capital improvement projects that may be
necessary for providing potable water within the City,
3301 Cun Club R.'ad, \Vlst P,llm I3caCD, Flprida 33406 . (561) 6B6-,SSOO . FL IV ATS 1-SI)0.B2-2045
Mililing AdJress: PO Box 2,1680, West Palm Bedd1, FL 33416.-1680 . wwwsfwmd,gov
Mr, Ray Eubanks, Administrator
March 13,2009
Page 2
· Consider adopting a potable water level of service standard for non-residential
land uses such as commercial and mixed-use. This will be helpful in assessing
water supply needs for future site-specific non-residential land use amendments.
We look forward to collaborating with the Department of Community Affairs, the City,
and their water suppliers in developing sound, sustainable solutions to meet the City's
future water needs. For assistance or additional information, please contact John
Mulliken, Director, Water Supply Planning Division, at (561) 682-6649 or
jmulls@sfwmdfjov.
I
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Chip er~~m
Deputy Executive Director
Water Resources
South Florida Water Management District
c: Joanne Carr, City of Aventura
Marjorie G. Craig, P.E., SFWMD
Bob Dennis, DCA
Rachel Kalin, SFRPC
Marc LaFerrier, Miami-Dade County
John Mulliken, SFWMD
Jim Quinn, DEP
Karl Thompson, North Miami Beach
Maria Valdes, MDWASD
South
Florida
Regional
Planning
Council
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MEMORANDUM
AGENDA ITEM #6e
DATE:
MARCH 2, 2009
TO:
COUNCIL MEMBERS
FROM:
STAFF
SUBJECT: CITY OF A VENTURA PROPOSED COMPREHENSIVE PLAN AMENDMENT
Introduction
On February 2, 2009, Council staff received proposed plan amendment #09-RWSP1 to the City of
Aventura Comprehensive Plan for review of consistency with the Strategic Regional Policy Plan for South
Florida (SRPP), Staff review is undertaken pursuant to the Local Government Comprehensive Planning
and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (F.s.), and Rules 9J-5 and 9J-
11, Florida Administrative Code (FA.c.)-
Community Profile
The City of Aventura, located in northeast Miami-Dade County, was incorporated in November 1995, It
began as a master planned community called Turnberry Isle, The surrounding communities include
Sunny Isles Beach and Golden Beach to the east, North Miami Beach to the south, portions of
Unincorporated Miami-Dade County to the west and HaIlandale Beach in Broward County to the north_
The City contains a land area of approximately 3,2 square miles, The population was estimated to be
31,044 in 2008, a 22,8 percent increase from the 2000 population_ The City's commercial "spine" is located
along the Biscayne Boulevard/US. 1 Corridor, betvveen the Broward County line and the City of North
Miami. The primary land uses in the City are residential (26%), commercial (16%), recreation and open
space (12%), and water bodies (26%), No public schools are currently located within the City, The City is
substantially built-out, with only 5% vacant land_ Redevelopment is an emerging issue.
The general location of the City is shown in Attachment 1. Additional information on the Village and the
Region can be found on the Council's website, wvv\\'_sfre.c,co~!:!,
Summary of Staff Analvsis
Proposed amendment #09-R\VSP1 includes amendments to the Future Land Use, Infrastructure, Capital
Improvements, Intergovernmental Coordination, and the Conservation and Coastal Management
Elements related to water supply planning,
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Broward (954) 985-4416, State (800) 985-4416
FAX (954) 985-4417, e-mail: sfadmin@sfrpc,com, website: www,sfrpc,com
Infrastructure Element
The proposed changes to this element include revised potable water LOS standards that reflect the City's
water providers' (MDvV ASD and N:.1B) LOS standards, Policy 2.3 includes a revision to address
concurrency management prior to approval of a building permit. New Policy 2,7 would adopt the City's
Work Plan, dated December 9, 2008, by reference into the Comprehensive Plan and direct the City to
maintain it for consistency with the SFWMD, NMB, and County Work Plans,
Capital Improvements Element
The proposed change to this element would reVIse potable water LOS standards as noted ill the
Infrastructure Element above,
Intergovernmental Coordination Element
The proposed changes to this element would revise Policy 2,3 to direct the City to coordinate its Work
Plan with the plans of the SFWMD, MDW ASD, and NMB, New Policy 2_4 would provide implementation
strategies for ensuring potable water LOS standards are met and revised if needed,
Conservation and Coastal Management Element
The proposed changes to this element would direct the City to cooperate with the County and NMB to
study the feasibility of reuse, implement water demand management policies, ensure water concurrency,
and to conserve, The City would also require the use of water saving plumbing fixtures in new- or re-
development as set forth in the Miami-Dade County Ordinance #08-14.
The City of Aventura Commission unanimously approved the transmittal of the proposed amendment at
its January 13, 2009, meeting,
Recommendation
Find the City of Aventura proposed amendment #09-RWSP1 generally consistent with the Strategic
Regional Policy Plan faT South Florida (SRPP). Approve this staff report for transmittal to the Florida
Department of Community Affairs_
3
Attachment 1
Broward County
Miami-Dade County
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UNINCORPORATED
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NE 163 ST
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0,9
COMPREHENSIVE PLAN AMENDMENTS
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Location Map
City of A ventura
Proposed Amendment #09-RWSPl
Source: \1iami-Dadc C\Junty, SHV\.lD, SFRPC
Note: For plannini~ purposes un]y, All diqanccs .He approximate_
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Florida Department of
Environtnental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
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\Iarch 6, 2009
lvlr. Ray Eubanks
Plan Review and DRI Processing Team
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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RE: Aventura 09RWSP-l, Comprehensive Plan Amendment
Dear Mr. Eubanks:
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (FDEP) has reviewed the above-referenced amendment proposal under the
procedures of Chapter 163, Florida Statutes, and Chapters 9J-5 and 9J-11, Florida
Administrative Code. The Department provides the following comments and
recommendations to assist your agency in developing the state's response to the
proposed amendment.
The amendment package consists of the 10-Year Water Supply Facility Work Plan
(vVork Plan) and related text amendments to the Public Facilities, Conservation and
Intergovernmental Coordination Elements of the comprehensive plan.
Comments on the IO-year Work Plan
The 2005 growth management legislation (SB 360), requires local governments to
prepare a la-Year vVater Supply Facilities Work Plan (Work Plan), and related text
changes to the goals, objectives, and policies of the comprehensive plan to implement
the \-Vork Plan. Section 163.3177(6), F.s. requires local governments to prepare a 10-
Year vVater Supply Facilities \Vork Plan ('Nork Plan), and related text changes to the
goals, objectives, and policies of the comprehensive plan to implement the Work Plan.
The statute requires the City to project water demands for at least a 10-year period, and
demonstrate that the current and planned water supply facilities and sources of water
will meet the projected demand, AU local governments must also revise their
comprehensive plans to address water supply concurrency and ensure that their 5-year
schedules of capital improvements are financially feasible. The Department will focus
its attention on the City's effectiveness in analyzing its ability to supply water to future
Mr. Ray Eubanks
Aventura 09R'VSP-l
1\larch 6, 2009
Page 2 of 2
growth over the next ten years and the efficacy of the strategies that the City has chosen
to meet future water supply demands.
Potable Water Supply and Demand Analysis
The 'Vater Supply 'York Plan contains a ten-year potable water and reclaimed water
supply and demand analysis for its service areas, including the anticipated water
supply deficits and surpluses. The data and analysis indicates that the City's facility
capacity, as well as its current Consumptive Use Permit (CUP), will meet the City's
water demand for the next twenty years. The City's ten-year \-vater supply strategy
incorporates efficient use of groundwater supplies, interconnection of systems,
expansion of water reuse systems, and water conservation programs.
The Department recognizes that the City may still need to meet requirements of the
South Florida Water Management District (SFvVMD) to identify and incorporate
alternative water supply project(s) listed in the updated SFWMD regional water supply
plans.
Water Supply Policies
The 2005 growth management legislation requires City consultation with the
appropriate water supplier during permit review to determine if adequate water will be
available to serve the development. In addition, the City's concurrency management
system must ensure that adequate water supplies and water and wastewater facilities
will be available to serve new development no later than the date on which the City
anticipates issuing a certificate of occupancy. The policies that the City provided
appear to meet these requirements.
Thank you for the opportunity to comment on the proposed amendment package.
Should you have any questions or require further assistance, please call me
at (850) 245-2169.
Yours sincerelv,
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Christopher J Stahl
Office of Intergovernmental Programs
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Carlos Alvarez, Mayor
March 13,2009
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Mr. Ray Eubanks, Administrator
Plan Review and Processing
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
RE: City of Aventura Proposed Water Supply Facilities Wort< Plan
Dear Mr, Eubanks:
The Miami-Dade County Departments of Planning and Zoning (DP&Z) and Water and Sewer 0NASD)
have jointly reviewed the City of Aventura's proposed 10-Year Water Supply Facilities Wort< Plan (City
WSFWP). The review was conducted to identify points of consistency or inconsistency with provisions
of Miami-Dade County's adopted 20- Year Water Supply Facilities Work Plan (County WSFWP). DP&Z
finds that the proposed WSFWP is generally consistent with the County's WSFWP. The following
comments are offered to make the City's WSFWP more consistent with the County's WSFWP.
. Change all "Xeriscape practice" references to "Florida Friendly".
. Section 3.5, page 13: revise the last sentence in the first paragraph to reflect that the WASD
Florida Blending Wells project is on hold.
. Infrastructure Element, Policy 2.1(a), page 18 and Capital Improvement Element, Policy 2.4(a),
page 23: Revise references to "average daily per capita system demand" to read "average daily
system demand" to match the County terminology.
. Conservation & Coastal Management Element, Policy 8.2, page 26: Add the following language
at the end of the last bullet
"Landscaping principles identified in FDEP Landscaping Irrigation and Florida Friendly
Design StandardS should be utilized."
. Figure 1, Service Area Map, page 28: Coordinate with WASD and North Miami Beach to revise
this map so that it correctly delineates the area served by North Miami Beach.
County staff is available to wort< with the City to address the concerns stated above and to refine the
WSFWP before the City considers adoption of the amendments. If you have any questions, please
contact Mart< R. Woerner, Chief, Metropolitan Planning, at 305-375-2835, or Maria Valdes, WASD
Planning & Water Use Unit Supervisor. at 786-552-8198,
Sincerely,,,
~ / /~;J~;;~' / L-/ ..
\------/ '::;;':Marc C, LaFerrier, AICP
Director, Department of Planning & Zoning
c: City of Aventura
'v1CLF.SB:PHCSAF
City of A ventura Water Supply Facilities Work Plan
CITY OF AVENTURA, FLORIDA
TEN-YEAR
WATER SUPPLY FACiliTIES
WORK PLAN
Prepared For:
Florida Department of Community Affairs
Prepared By:
City of Aventura Community Development Department
December 9, 2008
Revised May 12, 2009
May 12,2009
City of A ventura Water Supply Facilities Work Plan
TABLE OF CONTENTS
1,0 INTRODUCTION
1.1 Statutory History
1.2 Statutory Requirements
2.0 BACKGROUND INFORMATION
2.1 Overview
2,2 Relevant Regional Issues
3,0 DATA AND ANALYSIS
3.1 Population Information
3.2 Maps of Current and Future Areas Served
3.3 Potable Water Level of Service Standard
3.4 Population and Potable Water Demand Projections by Each Local
Government or Utility
3.5 Water Supply Provided by Other Entities
3.6 Conservation
3.6.1 Countywide Issues
3.6.2 Local Government Specific Actions, Programs, Regulations, or
Opportunities
3.7 Reuse
3.7.1 Regional and Countywide Issues
3.7.2 Local Government Specific Actions, Programs, Regulations, or
Opportunities
4.0 CAPITAL IMPROVEMENTS
4,1 Work Plan Projects
4,2 Capital Improvements Element/Schedule
5.0 GOALS, OBJECTIVES AND POLICIES
May 12.2009
II
City of A ventura Water Supply Facilities Work Plan
1.0 INTRODUCTION
The purpose of the City of Aventura Water Supply Facilities Work Plan (Work Plan)
is to identify and plan for the water supply sources and facilities needed to serve
existing and new development within the City's jurisdiction. Chapter 163, Part II,
F,S., requires local governments to prepare and adopt Work Plans into their
comprehensive plans within 18 months after the water management district
approves a regional water supply plan or its update. The Lower East Coast Water
Supply Plan Update was approved by the South Florida Water Management District
(SFWMD) on February 15, 2007. The City has been working diligently with Miami
Dade Water & Sewer Department (MDWASD) and the City of North Miami Beach
(NMB) since adoption of the Lower East Coast Water Supply Plan Update to
complete this work plan
Residents of the City of Aventura obtain their water directly from either the Miami-
Dade County Water and Sewer Department (MDWASD) or from the City of North
Miami Beach (NMB). Each of these water providers is responsible for ensuring that
enough capacity is available for existing and future customers. The service area
maps are shown in Figure 1.
The City of Aventura Water Supply Facilities Work Plan (Work Plan) will reference
both the initiatives already identified in Miami-Dade County's 20-year Work Plan and
the City of North Miami Beach 10-Year Water Supply Facilities Work Plan, since the
City is a retail buyer from both of these utility providers. According to state
guidelines, the Work Plan and the comprehensive plan amendment must address
the development of traditional and alternative water supplies, bulk sales agreements
and conservation and reuse programs that are necessary to serve existing and new
development for at least a 10-year planning period, The City of Aventura Work Plan
will have the same 10-year planning time schedule as the City of North Miami
Beach's Work Plan since it is the shorter period of the two Work Plans,
The City's Work Plan is divided into five sections:
Section 1 - Introduction
Section 2 - Background Information
Section 3 - Data and Analysis
Section 4 - Capital Improvements
Section 5 - Goals, Objectives, Policies
1.1 Statutory History
The Florida Legislature enacted bills in the 2002, 2004, and 2005 sessions to
address the state's water supply needs, These bills, especially Senate Bills 360 and
444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida
May 12, 2009
3
City of A ventura Water Supply Facilities Work Plan
Statutes (F.S.) by strengthening the statutory links between the regional water
supply plans prepared by the water management districts and the comprehensive
plans prepared by local governments. In addition, these bills established the basis
for improving coordination between the local land use planning and water supply
planning.
1.2 Statutory Requirements
Each local government must comply with the following requirements:
1. Coordinate appropriate aspects of its comprehensive plan with the
appropriate water management district's regional water supply plan,
[163,3177(4)(a), F.S,]
2, Ensure that its future land use plan is based upon availability of adequate
water supplies and public facilities and services [s.163.3177(6)(a), F.S.,
effective July 1 J 2005]. Data and analysis demonstrating that adequate water
supplies and associated public facilities will be available to meet projected
growth demands must accompany all proposed Future Land Use Map
amendments submitted to the Department for review. The submitted
package must also include an amendment to the Capital Improvements
Element, if necessary, to demonstrate that adequate public facilities will be
available to serve the proposed Future Land Use Map modification.
3. Ensure that adequate water supplies and facilities are available to serve new
development no later than the date on which the local government anticipates
issuing a certificate of occupancy and consult with the applicable water
supplier prior to approving building permit, to determine whether adequate
water supplies will be available to serve the development by the anticipated
issuance date of the certificate of occupancy [s.163.3180 (2)(a), F.S.,
effective July 1, 2005]. This "water supply concurrency" is now in effect, and
local governments should be complying with the requirement for all new
development proposals. In addition, local governments should update their
comprehensive plans and land development regulations as soon as possible
to address these statutory requirements. The latest point at which the
comprehensive plan must be revised to reflect the concurrency requirements
is at the time the local government adopts plan amendments to implement the
recommendations of the Evaluation and Appraisal Report (EAR).
4. For local governments subject to a regional water supply plan, revise the
General Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural
Groundwater Aquifer Recharge Element (the "Infrastructure Element"), within
18 months after the water management district approves an updated regional
water supply plan, to:
a. Identify and incorporate the alternative water supply project(s) selected
by the local government from projects identified in the updated regional
water supply plan, or the alternative project proposed by the local
government under s. 373.0361(7), F.S. [so 163.3177(6)(c), F.S.];
May 12, 2009
4
City of A ventura Water Supply Facilities Work Plan
b. Identify the traditional and alternative water supply projects, bulk sales
agreements, and the conservation and reuse programs necessary to
meet current and future water use demands within the local
government's jurisdiction [so 163.3177(6)(c), F.S.]; and
c. Include a water supply facilities work plan for at least a 1 a-year
planning period for constructing the public, private, and regional water
supply facilities identified in the element as necessary to serve existing
and new development. [so 163,3177(6)(c), F,S.] Amendments to
incorporate the water supply facilities work plan into the
comprehensive plan are exempt from the twice-a-year amendment
limitation. [so 163.3177(6)(c), F.S.]
5. Revise the Five-Year Schedule of Capital Improvements to include any water
supply, reuse, and conservation projects and programs to be implemented
during the five-year period,
6. To the extent necessary to maintain internal consistency after making
changes described in Paragraph 1 through 5 above, revise the Conservation
Element to assess projected water needs and sources for at least a 1 a-year
planning period, considering the appropriate regional water supply plan, the
applicable District Water Management Plan, as well as applicable
consumptive use permit(s). [s.163.3177 (6)(d), F.S.]
If the established planning period of a comprehensive plan is greater than ten
years, the plan must address the water supply sources necessary to meet
and achieve the existing and projected water use demand for established
planning period, considering the appropriate regional water supply plan.
[s.163.3167 (13), F.S.]
7, To the extent necessary to maintain internal consistency after making
changes described in Paragraphs 1 through 5 above, revise the
Intergovernmental Coordination Element to ensure coordination of the
comprehensive plan with applicable regional water supply plans and regional
water supply authorities' plans. [s.163.3177(6)(h)1., F.S.]
8. Address in the EAR, the extent to which the local government has
implemented the 1 a-year water supply facilities work plan, including the
development of alternative water supplies, and determine whether the
identified alternative water supply projects, traditional water supply projects,
bulk sales agreements, and conservation and reuse programs are meeting
local water use demands. [s.163.3191 (2)(1), F.S.]
May 12,2009
5
City of A ventura Water Supply Facilities Work Plan
2.0 BACKGROUND INFORMATION
2.1 Overview
The City of Aventura was incorporated in November 1995. The City has a land area
of approximately 3.2 square miles bounded by: Broward County and the City of
Hallandale Beach to the north; Golden Beach and Sunny Isles across Dumfounding
Bay and the Intracoastal Waterway to the east; North Miami Beach to the south,
and; unincorporated Miami-Dade County to the west.
Our 2008 population, as reported by the University of Florida, is 31,044. Although it
was not incorporated until 1995, between 1990 and 2000, the City's population
increased from 15,375 to 25,267, a 67 percent increase. By 2010, the City's
population is anticipated to increase to 32,925, an increase of 30 percent since
2000. Based on projections prepared by the University of Florida, by 2015 it is
projected that its population will increase to 37,307 (48% above the 2000 Census).
It should be noted, however, that these estimates are based on historic and current
population figures and growth trends, and do not reflect local conditions. The City is
rapidly approaching build-out, and its future development potential and population
growth is limited by the scarcity of vacant and developable land. For these reasons,
the City estimates that its population will cap out at around 32,925, the year 2010
population estimate. The population projections from the NMB and MDWASD Work
Plans for served areas project a 2010 population of approximately 36,566 and a
build-out 2030 population of 41 ,666.
The City of Aventura is substantially built-out. In 2005, an evaluation of existing
gross acreage by land uses revealed that 523.89 acres or 26% of the total gross
acreage in the city is dedicated to residential use. The remaining gross acreages are
allocated to non-residential use: 319.97 acres commercial (16%); 2.04 acres
industrial (0,10%); 8.81 acres Community Facilities (0.40%); 257,07 acres
Recreation and Open Space (12%); 284.81 acres Utilities and Rights of Way (14%);
104.5 acres Vacant (5%); and 531.61 acres Water (26%), Of the 104.5 acres vacant
land, about one-half has either site plan approval or vested rights.
The City is a retail water customer of both Miami Dade Water and Sewer
Department and the City of North Miami Beach, All projects within the City for water
service are required to meet the standards and code requirements of the retail
provider.
2.2 Relevant Regional Issues
As the state agency responsible for water supply in the Lower East Coast planning
area, the South Florida Water Management District (SFWMD) plays a pivotal role in
resource protection, through criteria used for Consumptive Use Permitting, As
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City of A ventura Water Supply Facilities Work Plan
pressure increased on the Everglades ecosystem resource, the Governing Board
initiated rule making to limit increased allocations dependent on the Everglades
system, As a result, the Regional Water Availability Rule was adopted by the
Governing Board on February 15, 2007 as part of the SFWMD's water use permit
program. This reduced reliance on the regional system for future water supply
needs, mandates the development of alternative water supplies, and increased
conservation and reuse,
The City's retail suppliers both have consumptive use permits from the South Florida Water
Management District. Miami-Dade County has a 20 year consumptive use permit, subject to
numerous conditions, issued in 2007 and expiring in 2027. The City of North Miami Beach
has a 20 year consumptive use permit from issued in 2007 and expiring in 2027,
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City of A ventura Water Supply Facilities Work Plan
3.0 DATA AND ANALYSIS
3.1 Population Information
Our 2008 population, as reported by the University of Florida, is 31,044. Although it
was not incorporated until 1995, between 1990 and 2000, the City's population
increased from 15,375 to 25,267, a 67 percent increase. By 2010, the City's
population is anticipated to increase to 32,925, an increase of 30 percent since
2000. Based on projections prepared by the University of Florida, by 2015 it is
projected that it its population will increase to 37,307 (48% above the 2000 Census).
It should be noted, however, that these estimates are based on historic and current
population figures and growth trends, and do not reflect local conditions. The City is
rapidly approaching build-out, and its future development potential and population
growth is limited by the scarcity of vacant and developable land. For these reasons,
the City estimates that its population will cap out at around 32,925, the year 2010
population estimate. The population projections from the NMB and MDWASD Work
Plans project a 2010 population of approximately 36,566 and a build-out 2030
population of 41 ,666.
3.2 Maps of Current and Future Areas Served
The maps depicting City boundaries served by the MDWASD and North Miami
Beach are provided in Figure 1.
3.3 Potable Water Level of Service Standard
Since the City of Aventura is a retail customer of both Miami-Dade MDWASD and
the City of North Miami Beach, all three level of service standards (LOS) are listed
below. Currently, the City's LOS standard is consistent with Miami-Dade County's
LOS. The City is proposing to amend the Infrastructure Element, Objective 2, Policy
2.1 of its Comprehensive Plan, to adopt two levels of service to be consistent with
the level of serviced of both of its water providers,
City of A ventura - Level of Service:
(1) Potable Water.
a, The treatment system shall operate with a rated maximum daily
capacity which is no less than two percent above the maximum daily
flow for the preceding year, and an average daily capacity two percent
above the average daily per capita system demand for the preceding
five years.
b. Water shall be delivered to users at a pressure no less than 20
pounds per square inch (psi) and no greater than 100 psi. Unless
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City of A ventura Water Supply Facilities Work Plan
otherwise approved by the Miami-Dade Fire Department or a
successor entity, minimum fire flow, based on the land use served,
shall be maintained as follows:
Land Use Type GPM
Single-family residential estate density 500
Single-family and duplex residential on minimum lots of 7,599 750
square feet
Multifamily residential, semi-professional offices 1,500
Hospitals, schools 2,000
Business and industry 3,000
c. Water quality shall meet all Federal, State and County primary
standards for potable water.
d. System-wide storage capacity for finished water shall equal no less
than 15 percent of the system-wide average daily demand.
The City's level of service standard is consistent with the Miami-Dade County level
of service standard, which is as follows:
Miami-Dade County Level of Service:
1) Potable Water Supply:
(a) The regional treatment system shall operate with a rated maximum
daily capacity no less than 2 percent above the maximum daily flow for the
preceding year, and an average daily capacity 2 percent above the
average daily system demand for the preceding 5 years.
(b) Water shall be delivered to users at a pressure no less than 20 pounds
per square inch (psi) and no greater than 100 psi. Unless otherwise
approved by the Miami-Dade Fire Department, minimum fire flows based
on the land use served shall be maintained as follows:
Land Use Min. Fire Flow (gpm)
Single Family Residential Estate 500
Single Family and Duplex; Residential 750
on minimum lots of 7,500 sf
Multi-Family Residential; 1,500
Semiprofessional Offices
Hospitals; Schools 2,000
Business and Industry 3,000
(c) Water quality shall meet all federal, state, and County primary
standards for potable water.
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City of A ventura Water Supply Facilities Work Plan
(d) Countywide storage capacity for finished water shall equal no less than
15 percent of the Countywide average daily demand.
Miami-Dade Countv uses 155 aallons oer caoita oer dav as a svstem-wide averaae
for the municioalities that it serves.
TAe City's level €If serviss staAeare is s€lAsistsAt v:itA Ihe City of North Miami Beach
level of service standard, '.vAisA is as follows:
City of North Miami Beach Level of Service:
Potable Water: the City's water system shall provide 150 gallons per person
per day at a pressure of 40 pounds per square inch (psi), The City attempts
to maintain a water pressure of 40 pounds per square inch (psi) although 20
psi is the legal minimum.
The Citv's Level of Service standard is beina amended to be consistent with the Citv
of North Miami Beach Level of Service for those areas serviced bv NMB.
3.4 Population and Potable Water Demand Projections by Each Local
Government or Utility
The potable water network within the City of Aventura is an interconnected county-
wide system. The City receives potable water from Miami Dade Water and Sewer
Department (MDWASD) and the City of North Miami Beach (NMB). The City
cooperates with MDWASD and NMB to jointly develop methodologies and
procedures for biannually updating estimates of system demand and capacity, and
to ensure sufficient capacity to serve development needs. MDWASD is currently
developing and implementing a water allocation system, which requires that "prior to
approval of a building permit or its functional equivalent, the local government shall
consult with the applicable water supplier to determine whether adequate water
supplies to serve the new development will be available no later than the anticipated
date of issuance by the local government of a certificate of occupancy or its
functional equivalent".
The following table depicts population projections as coordinated with both utilities.
Since MDWASD and NMB use different projection years, separate tables are
provided.
POPULATION & WATER DEMAND PROJECTIONS
For the City of Aventura
(MDWASD Work Plan)
2007 2010 2015 2020 2025 2030
Overall City 34,927 35,414 36,224 36,595 36,965 37,335
Serviced by 23,030 23,495 24,270 24,622 24,974 25,325
MDWASD
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City of A ventura Water Supply Facilities Work Plan
[ Demand (MGD) I 3.57 I 3,64 [ 3,76 I 3,82 I 3,87 I 3,93
Source: Miami Dade Water & Sewer Department Water Supply Facilities Work Plan, March 2008, Exhibit 3-1, Appendix C
POPULATION & WATER DEMAND PROJECTIONS
For the City of Aventura
(NMB Work Plan)
2006 2008 2013 2018 2027 2030
Overall City
Serviced by NMB 12,418 12,745 13,561 14,375 15,874 16,341
Demand (MGD) * 28,16 29.79 31,80 38,38 39,75
., .
Source: City of North Miami Beach 1 O-Year Water Supply FacIlities Work Plan, Table 4-6
*This is Total Demand, Information for City of Aventura only is not available,
It should be noted, however, that the City is rapidly approaching build-out, and its
future development potential and population growth is limited by the scarcity of
vacant and developable land. For these reasons, and notwithstanding the Miami-
Dade County and City of North Miami Beach projections, the City estimates that its
population will cap out at around 32,925, the year 2010 population estimate, Since
the two service providers project higher population for the City, the water demand
projections are higher, thus providing for a safety factor.
The following table summarizes the population projections by each of the three
government agencies. It is provided in order to clarify the different years used for
analysis and to show that at all times the service providers' population projections
are greater than the City's capped out population of 32,925.
Totals-
Aventura1 MDWASD2 NMB3 MDWASD &
NMB
2000 25,267
2006 12,418
2007 23,030 12,582" 35,612
2008 23, 1851:> 12,745 35,930
2010 32,9254 23,495 13,0711:> 36,566
2013 23,960" 13,561 37,521
2015 32,9254 24,270 13,887" 38,157
2018 24,481" 14,375 38,856
2020 24,622 14, 7080 39,330
2025 See note 6 24,974 15,540" 40,514
2027 25,1141:> 15,874 40,988
2030 25,325 16,341 41 ,666
1. Based on University of Florida estimates
2. Based on MDWASD Water Supply Plan estimates
3. Based on NMB Water Supply Plan estimates
4. Aventura estimated population cap,
5. Interpolated number,
6. Population projections for years beyond 2015 will be updated on next Work Plan update and after 2010
Census.
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City of A ventura Water Supply Facilities Work Plan
3.5 Water Supply Provided by Other Entities
Miami Dade County Water and Sewer Department:
The Miami-Dade County 20-Year Water Supply Facilities Work Plan is incorporated
by reference, The intent of the County Work Plan is to meet the statutory
requirements mentioned in subsection 1.2 of this plan and to coordinate the
MDWASD's water supply initiatives with the SFWMD's Lower East Coast Water
Supply Plan Update,
The MDWASD's service area is all portions of Miami-Dade County within the Urban
Development Boundary (UDB), excluding Homestead, Florida City, North Miami
Beach and portions of North Miami. The areas within the Urban Expansion are
included in the planning horizon after 2015. The following summarizes Miami-Dade
County's Work Plan:
. Description of population and water demand projections (Water Supply
Service Area, Retail and Wholesale Customers, respectively, by Municipality
provides municipal population projections and projected MDF "Annual
Average Daily Flow" finished water based on 155 gallons per capita per day
(gpcd). The population information was derived from Miami-Dade County
Department of Planning and Zoning Transportation Analysis Zone (TAZ) 2004
population data, This subsection also provides a brief discussion of
MDWASD's conservation and reuse programs,);
. The Water Supply Facilities Work Plan details the facilities and proposed
alternative water supply (AWS) projects that are planned in order to meet the
water demands through 2027. These projects are expected to be completed
in increments consistent with the projected growth set forth in the Plan. The
AWS projects and annual average daily demand (MDD) assumes that all
current wholesalers will remain in the MDWASD system through 2027, except
for the City of North Miami Beach. The AWS projects are included in the
County's Capital Improvement Element.
In the 20-Year Work Plan, the MDWASD is committed to meet the water demand for
the municipalities within the service area. The City of Aventura is served by the
Hialeah Preston sub-area water treatment plant (WTP). The Hialeah and John E.
Preston WTP's are located at 200 W, 2nd Ave. and 1100 W. 2nd Ave., respectively.
The adjacent facilities in Hialeah share interconnected source water and finished
water storage capacity. The two plants have similar processes. The source of water
for the Hialeah Water Treatment Plant is from the Hialeah-Miami Springs Wellfields,
supplemented by the Northwest Wellfield. The Hialeah WTP has a current rated
capacity of 60 mgd. The main source of water for the Preston WTP is from the
Northwest Wellfield. The current rated capacity is 165 mgd. MDWASD is was in the
process of completing the Floridan Aquifer Blending Wellfield at Hialeah/Preston (4.7
MGD, $10.3M) to satisfy the needs of its retail purchasers, who obtain water from
this facility. This oroiect is currentlv on hold.
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City of A ventura Water Supply Facilities Work Plan
City of North Miami Beach:
The City of North Miami Beach (NMB) 10-Year Water Supply Facilities Work Plan is
incorporated by reference. The intent of the Work Plan is to meet the statutory
requirements mentioned in subsection 1.2 of this plan and to coordinate the City's
water supply initiatives with the SFWMD's Lower East Coast Water Supply Plan
Update.
The NMB service area is comprised roughly of the area bounded by the Atlantic
Ocean on the east; NW 3ih Avenue on the west; NW 128th, NW 135th, NW 143rd
and NE 146th on the south; and, Ives Dairy Road and Snake Creek Canal on the
north.
The following summarizes City of North Miami Beach's Work Plan:
· Description of population and water demand projections are given and the
projected AADF "Annual Average Daily Flow" finished water is based on 144
gallons per capita per day (gpcd).
· The Water Supply Facilities Work Plan details the facilities and proposed
alternative water supply (AWS) projects that are planned in order to meet the
water demands through 2030. These projects are expected to be completed
in increments consistent with the projected growth set forth in the Plan.
As detailed in the 10-Year Work Plan, NMB is committed to meet the water
demand for the municipalities within its service area. NMB has constructed and
begun operation of the first Floridan reverse osmosis (RO) water treatment plant
(Alternative Supply) in the county and is planning on the expansion of this facility
to meet future demands ($28.5 M, 13 MGD by 2020) from its purchasers
including City of Aventura residents.
3.6 Conservation
Both MDWASD and the City of North Miami Beach are addressing water
conservation and reuse issues and implementing measures to reduce the per capita
water consumption, They have identified alternative water supply projects,
conservation and reuse programs, and capital improvement projects necessary to
meet the projected water demands within their respective service areas. Miami
Dade County recently passed an ordinance relating to water use efficiency
standards that amends the Florida Building Code requiring use of high efficiency
appliances and fixtures. All projects within the City of Aventura will be required to
comply with these new standards because all water and sewer projects require
approval from Miami Dade MDWASD and the City of North Miami Beach. The City
of Aventura will cooperate with both utility providers to be consistent with their plans
and requirements for water conservation and reuse as it relates to indoor and
outdoor water use for all development types.
3.6.1 County-wide Issues
The Miami-Dade Water Use Efficiency Plan
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City of A ventura Water Supply Facilities Work Plan
Currently, the MDWASD is implementing all Best Management Practices (BMPs)
included in its 20-year Water Use Efficiency Plan, which was approved by the South
Florida Water Management District in May 2007.
Water Conservation Plans and Development Codes
In addition, all of the MDWASD's wholesale customers are required to submit a
Water Conservation Plan to its Water Use Efficiency Section as mandated by
County Ordinance 06-177, Section 32-83.1 of the Miami-Dade County Code. The
Plan will identify Best Management Practices (BMP) based on population
characteristics and type of service for each municipal service area.
Miami-Dade County has developed recommendations for new development that
would achieve higher water use savings than currently required by code. The
recommendations were developed by an Advisory Committee and were presented to
the Board of County Commissioners (BCC) on June 5, 2007. These water
conservation recommendations were adopted by Ordinance (08-14) on February 5,
2008. This ordinance was amended on September 2, 2008 to clarify certain
standards for plumbing fixtures and change the effective date to January 1, 2009.
These water efficiency recommendations represent an additional 30 percent to the
water savings identified in the 20-year Water Use Efficiency Plan. All applicants will
be required to comply with these future code requirements. The list of
recommendations submitted to the BCC and the ordinance relating to water use
efficiency standard are included in MDWASD's Work Plan and are also posted in the
Miami-Dade Water Conservation Portal.
Per Capita Consumption
Furthermore, the MDWASD will establish per capita consumption for all
municipalities including those in its retail customer service area. Based on this data,
the MDWASD will work with the municipalities to address those with higher than
average per capita and will target programs for those areas. The County anticipates
that the implementation of the Best Management Practices identified in the 20-year
Water Use Efficiency Plan will result in an adjusted system wide per capita of 147,82
gpcd by 2027.
3.6.2 Local Government Specific Actions, Programs, Regulations, or
Opportunities
The City will coordinate future water conservation efforts with the MDWASD, the City
of North Miami Beach and the SFWMD to ensure that proper techniques are applied,
In addition, the City will continue to support and expand existing goals, objectives
and policies in its comprehensive plan that promotes water conservation in a cost-
effective and environmentally sensitive manner. The City will continue to actively
support the SFWMD, Miami-Dade County and the City of North Miami Beach in the
implementation of new regulations or programs that are designed to conserve water
during the dry season.
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City of A ventura Water Supply Facilities Work Plan
MDWASD is currently implementing various water conservation projects. The
County's Water Use Efficiency Five-Year Plan includes measures that will reduce
demand by 19.2 MGD over the next 20 years. Some of the conservation projects
include bathroom and kitchen retrofits program, Miami-Dade green lodging and
restaurant program, rebates for high efficiency toilets and washers, and landscaping
irrigation evaluations, All of these programs are available to the residents of the City
of Aventura because MDWASD is the water supply provider.
3.7 Reuse
3.7.1 Regional and County-wide Issues
State law supports reuse efforts. In recent years, Florida's utilities, local
governments, and water management districts have led the nation in implementing
water reuse programs that increase the quantity of reclaimed water used and public
acceptance of reuse programs. Section 373,250(1) F,S. provides that "water reuse
programs designed and operated in compliance with Florida's rules governing reuse
are deemed protective of public health and environmental quality." In addition,
Section 403.064(1), F.S., provides that "reuse is a critical component of meeting the
state's existing and future water supply needs while sustaining natural systems."
The City of Aventura supports water reuse initiatives under consideration by
SFWMD, Miami-Dade County and the City of North Miami Beach. The County has
committed to implement a total of 170 MGD of water reuse as noted in the County's
20-year water use permit. In the 20-year Work Plan, the County identified a number
of water reuse projects and their respective schedule. According to the Plan, "reuse
projects to recharge the aquifer with highly treated reclaimed water will be in place
before additional withdrawals over the base condition water use are made from the
Alexander Orr and South Dade subarea wellfields. In addition, reuse irrigation
projects are anticipated for the North and Central District Wastewater Treatment
Plants. These projects will be implemented in the Cities of North Miami and North
Miami Beach, and are currently under construction for Key Biscayne."
3.7.2 Local Government Specific Actions, Programs, Regulations, or
Opportunities
The City will support the SFWMD, Miami-Dade County and the City of North Miami
Beach water reuse projects, and implementation of new regulations or programs
designed to increase the volume of reclaimed water used and public acceptance of
reclaimed water.
4.0 CAPITAL IMPROVEMENTS
4.1 Work Plan Projects
The work plan projects for both MDWASD and the NMB utilities are described in the
agency's work plans which have been incorporated by reference.
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City of A ventura Water Supply Facilities Work Plan
The ones that directly affect the City of Aventura are MDWASD's Floridan Aquifer
Blending Wellfield at Hialeah/Preston (4.7 MGD, $10.3M) and the New Upper
Floridan Aquifer Reverse Osmosis WTP (8.5 MGD, $93M) and NMB's Floridan
Aquifer Reverse Osmosis (RO) Water Treatment Plant (13 MGD, $28.5 M),
4.2 Capital Improvements Element/Schedule
The capital improvement projects for both MDWASD and the NMB utilities are
described in their respective work plans, MDWASD is in the process of completing
the Floridan Aquifer Blending Wellfield at Hialeah/Preston (4.7 MGD, $10.3M) and
the New Upper Floridan Aquifer Reverse Osmosis WTP (8.5 MGD, $93M). The City
of NMB is developing the Floridan Aquifer Reverse Osmosis (RO) Water Treatment
Plant (13 MGD, $28.5 M).
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City of A ventura Water Supply Facilities Work Plan
5.0 GOALS, OBJECTIVES AND POLICIES
The following goals, objectives and policies are 1) related to water supply planning
and use; 2) contained in the City's Comprehensive Plan; and 3) adopted as the
goals, policies and objectives of the Work Plan. Underlined provisions indicate
proposed additions to existing text. Stricken through provisions indicate proposed
deletions from existing text. Remaining provisions are now in effect and remain
unchanged.
LAND USE ELEMENT
OBJECTIVE 7
All public and private activities regarding the use, development and redevelopment
of land and the provision of urban services and infrastructure shall be consistent with
the goals, objectives and policies of this and all elements of the Comprehensive
Plan, recognized Population Estimates and Projections, and future uses designated
on the adopted Future Land Use Plan (FLUP) map.
Measure: Number of development actions that are inconsistent with the Goals,
Objectives and Policies of the adopted Aventura Comprehensive Plan.
Policy 7.1
All development orders authorizing a new land use or development, or
redevelopment, or significant expansion of an existing use shall be contingent upon
an affirmative finding that the development or use conforms to, and is consistent with
the goals, objectives and policies of the Plan including the Land Use Plan Map.
Policy 7.2
The City. throuqh its Land Development Requlations and in coordination with the
Ten-Year Water Supply Facilities Work Plan will coordinate current land uses and
any future land use chanqes with the availability of water supply system.
Policy 7.3
The City shall require proposed amendments to the Future Land Use Map provide
data and analysis demonstratinq adequate water supply and facilities are available.
,#
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City of A ventura Water Supply Facilities Work Plan
INFRASTRUCTURE ELEMENT
Infrastructure Goal 1
Provide for potable water and sanitary sewer facilities which meet the city's needs in
a manner that promotes the public health, environmental protection, and economic
opportunity.
OBJECTIVE 1
The City of Aventura shall continue to coordinate service to ensure the orderly and
efficient provision of water and sewer services at adopted levels of service.
Policy 1.1
All new uses within the City shall be connected to a public water supply. Exceptions
may be provided for residential uses at a density no greater than two units per acre,
where primary drinking water quality standards as specified in the Florida
Administrative Code can be met without treatment and the groundwater is free from
saltwater intrusion.
OBJECTIVE 2
The City of Aventura shall continue to coordinate service with a provider who
maintains procedures to ensure that any facility deficiencies are corrected and that
adequate facility capacity will be available to meet future needs.
Policy 2.1
To assure an adequate level of service, potable water and sanitary sewer facilities
shall meet the following level of service standards, as adopted by Miami-Dade
County Water and Sewer Department and the City of North Miami Beach, the City's
current service provider~,
1) Potable Water Supply
Area Serviced bv Miami-Dade Water & Sewer Deoartment
(a) The system shall operate with a rated maximum daily capacity which is no
less than 2 percent above the maximum daily flow for the preceding year, and an
average daily capacity 2 percent above the average daily ~8r €ia~ita system demand
for the preceding 5 years.
(b) Water shall be delivered to users at a pressure no less than 20 pounds per
square inch (psi) and no greater than 100 psi. Unless otherwise approved by the
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City of A ventura Water Supply Facilities Work Plan
Miami-Dade Fire Department, minimum fire flow based on the land use served shall
be maintained as follows:
Land Use
Single Family Residential/Estate
Single Family, Duplex, and Residential on minimum
lots of 7,500 sf.
Multi-Family Residential
Semiprofessional Offices, Hospitals, Schools
Business and Industry
Min. Fire Flow
500 gal/min
750 gal/min
1,500 gal/min
2,000 gal/min
3,000 gal/min
(c) Water quality shall meet all federal, State and County primary standards for
potable water.
(d) System-wide storage capacity for finished water shall equal no less than 15
percent of the system average daily demand.
Area Serviced bv the City of North Miami Beach
Potable Water: the City's water system shall provide 144 Qallons per person per
day at a pressure of 40 pounds per square inch (psi). The City attempts to
maintain a water pressure of 40 pounds per square inch (psi) althouQh 20 psi is
the leQal minimum.
Policy 2.3
Except as provided by Objective 1 and the supporting policies, no development
order authorizing new development or a significant expansion of an existing use
shall be issued for any area of the City which is served by a potable water or
sanitary sewer facility which does not meet the standards in Policy 2.1 or will not
meet these standards concurrent with the completion of the development. In any
case where these federal, state, or county standards referenced in Policy 2.1 are
revised, a reasonable time for compliance with the new standards shall be allowed.
Prior to approvinQ a buildinQ permit. the City shall require that adequate water
supplies to serve the new development will be available no later than the anticipated
date of a certificate of occupancy or its functional equivalent.
Policy 2.4
The provider shall maintain procedures and programs to monitor levels of service of
each facility for use by agencies which issue development orders or permits.
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City of A ventura Water Supply Facilities Work Plan
Policy 2.6
The City shall continue to coordinate with a provider who shall continue the
expansion of existing water and wastewater treatment plants to meet demand
through the year ~ 2025.
Policy 2.7
The City shall create and adopt a Ten-Year Water Supply Facilities Work Plan that is
consistent with the South Florida Water Manaaement District's Lower East Coast
Reaional Water Supply Plan. Miami-Dade Water and Sewer Department Water
Supplv Facilities Work Plan Report. prepared bv COM. dated November 26. 2007.
and the City of North Miami Beach 10-Year Water Supplv Facilities Work Plan
prepared by MHE. dated May 2008. The City's Work Plan will be updated within 18
months after the South Florida Water Manaaement District's Lower East Coast
Reaional Water Supply Plan. Miami-Dade Water and Sewer Department's Work
Plan, and the City of North Miami Beach's Work Plan are updated, The City of
Aventura, Florida. Water Supply Facilities Work Plan dated December 9. 2008
revised Mav 12. 2009. is herby adopted by reference,
OBJECTIVE 4
The City shall develop and implement a comprehensive water conservation program
to ensure that a sufficient, economical supply of fresh water is available to meet
current and future demand for potable water without degrading the environment.
Policy 4.1
The City's newsletter shall be used to promote an educational program for
residential, commercial and industrial consumers which will discourage waste and
conserve water.
Policy 4.2
Enforce requirements, and establish new requirements and procedures as needed,
to assure that low water usage plumbing fixtures are used in all new buildings or in
conjunction with permitted renovations in accord with the South Florida Building
Code, Miami-Dade County addition and the Florida's Water Conservation Act,
Section 553,14, F.S, Improved procedures to conserve water for plumbing
inspections and mechanisms for approving products for installation shall be
considered by the City's Building Division.
Policy 4.3
The City of Aventura Community Services Department shall take all necessary steps
to ensure compliance with the City's landscape regulations, and shall establish
May 12, 2009
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City of A ventura Water Supply Facilities Work Plan
mechanisms to monitor and measure the effectiveness of the ordinance and its
major provisions.
OBJECTIVE 5
The City of Aventura shall undertake timely efforts to expand traditional sources of
raw water and develop new raw water sources to meet the City's level of service
standards for water supply.
Policy 5.1
The City of Aventura shall encourage support Miami-Dade County and the City of
North Miami Beach in the development of its future potable water supplies, to the
maximum extent feasible, utilize methods which preserve the integrity of the
Biscayne Aquifer, protect the quality of surface water and related ecosystems, and
comply with the land use and environmental protection policies of the Miami-Dade
County CDMP, the City of North Miami Beach, the Strategic Regional Policy Plan for
South Florida, and the State Comprehensive Plan.
Policy 5.2
When reclaimed water becomes available, the City shall consider its use on public
and private properties. Currently, the Miami-Dade Water and Sewer Department
and the City of North Miami Beach +s are responsible for implementing any reuse
that is deemed by the County to be economically feasible.
Policy 5.3
The City shall create a Ten-Year Water Supply Facilities Work Plan that is consistent
with review the '.'later supply f-3cility the work plans of Miami-Dade County MDWASD
and the City of North Miami Beach, as they are adopted and/or periodically updated,
in order to identify alternative projects that will increase its water supply, and shall
coordinate with Miami-Dade County and the City of North Miami Beach, as
appropriate, in the implementation of these projects.
Infrastructure Goal 2
OBJECTIVE 2
The aquifer recharge and water storage capacity of presently undeveloped areas
shall be maintained or increased. Additionally, the City shall protect against
environmental damage such as altering hydro cycles.
Policy 2.3
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City of A ventura Water Supply Facilities Work Plan
Water conserving irrigation and other landscape practices such as Xeri&6a~e Florida
Friendlv shall be used wherever feasible. Through its site and landscape reviews,
Aventura shall ensure that appropriate native and }{eri&6a~e Florida Friendlv plant
materials are used, particularly where public water is used to water lawns, golf
courses and landscaped green spaces.
Policy 2.4
The City shall consider participation in water reuse demonstration projects that are
developed.
AQUIFER RECHARGE GOAL
To protect the City's natural drainage features and enhance the capabilities of
the groundwater recharge areas.
OBJECTIVE 1
The City shall support the efforts of the County Miami-Dade County Water and
Sewer Department and the City of North Miami Beach to identify significant ground
water resources and protect them through land use controls, public acquisition,
easements or other appropriate methods.
Policy 1.1
The City shall implement a program to monitor groundwater supply conditions in
conjunction with tJ::le Miami-Dade County and the South Florida Water Management
District.
Policy 1.2
The City, in conjunction with Miami-Dade County, shall develop and adopt minimum
environmental standards regarding: prime recharge area protection, water table
manipulation, and wellfield drawdown standards.
Policy 1.3
The City shall institute a comprehensive program responsible for educating
businesses and residents of: the County's current water conservation policies, the
fragility of the aquifer, methods to reuse and conserve water, well abandonment
problems and rules, and benefits of drought resistant plants ()mri&6a~Cl Florida
Friendlv).
Policy 1.4
May 12,2009
22
City of A ventura Water Supply Facilities Work Plan
The City shall adopt policies to protect the Biscayne aquifer, These shall include
policies which address:
1, Public wellfield and landfill siting
2. Siting of industrial land uses which use hazardous materials or generate
hazardous waste
3. Siting of hazardous waste collection facilities for households
4. Additional protection of the aquifer from saltwater intrusion
5. If necessary, support the expansion of the Hazardous Material Emergency
Response Team
CAPITAL IMPROVEMENTS ELEMENT
CAPITAL IMPROVEMENT GOAL
Aventura shall, in a fiscally prudent manner, plan for and manage its facilities
and infrastructure in order to adequately serve current and future residents
while efficiently using and maintaining existing public investments, and
making timely provision of required new capital investment. [9J-5,016(3)(a)]
OBJECTIVE 2
Upon adoption of this Plan, land use decisions will be made in the context of
available fiscal resources such that scheduling and providing capital facilities for new
development will not degrade adopted service levels and/or negatively impact
hurricane evacuation clearance times. [9J-5.016(3)(b)(4)]
Policy 2.4
The Five-Year Capital Improvements Program, or the City's contract providers as
appropriate, shall incorporate the identified capital investments from each functional
element and will be based on the following LOS standards: [9J-5,016(3)(c)4]
Potable Water Supply
Area Serviced bv Miami-Dade Water & Sewer Department:
a) The treatment system shall operate with a rated maximum daily capacity
which is no less than two percent (2%) above the maximum daily flow for
the preceding year, and an average daily capacity two percent (2%) above
the average daily ~8r €la~ita system demand for the preceding five (5)
years.
Water shall be delivered to users at a pressure no less than twenty (20)
pounds per square inch (psi) and no greater than 100 psi. Unless
May 12, 2009
23
City of A ventura Water Supply Facilities Work Plan
otherwise approved by the Miami-Dade Fire Department or successor
entity, minimum fire flow, based on the land use served, shall be
maintained as follows:
Minimum Fire Flow
Land Use
Gallons per Minute
Single Family Residential Estate Density 500
Single Family and Duplex Residential on Minimum lots 750
of 7,599 ft2
Multi-family Residential, Semiprofessional Offices 1,500
Hospitals, Schools 2,000
Business and Industry 3,000
b) Water quality shall meet all federal, state and county primary standards for
potable water.
c) System-wide storage capacity for finished water shall equal no less than
fifteen (15) percent of the system-wide average daily demand.
Area Serviced bv the City of North Miami Beach
Potable Water: the City's water system shall provide 144 aallons per person
per day at a pressure of 40 pounds per square inch (psi). The City attempts
to maintain a water pressure of 40 pounds per square inch (psi) althouah 20
psi is the leaal minimum.
INTERGOVERNMENTAL COORDINATION ELEMENT
INTERGOVERNMENTAL COORDINATION GOAL
Use intergovernmental coordination as a major means of ensuring
consistency among local, county and regional government plans and policies
and of implementing Aventura's Comprehensive Plan.
OBJECTIVE 2
Coordinate with local, regional, and state entities with responsibilities In the
establishment of Level of Service standards.
Policy 2.3
The City sh:::lIl support, as appropri3te, Mi3mi Dade County's :md North Mi3mi
Be3oh's development 3nd implement3tion of tho 'Nater Supply F30ilities 'Nork PI3n
required by Florida Statute and the '.".later conserv:ltion efforts of other 3genoies.
May 12,2009
24
City of A ventura Water Supply Facilities Work Plan
The City shall ensure coordination of its comprehensive plan with the most current
South Florida Water ManaQement District Lower East Coast Reaional Water Suoolv
Plan Uodate as well as the Miami-Dade County 'Nater aAQ Sewer DEll3aRFF1eAt and
the City of North Miami Beach Water Supplv Facilitv Work Plans when proposinQ
and/or amendinQ the City's Ten-Year Water Supplv Facilities Work Plan. The City's
Work Plan shall be updated within 18 months after the South Florida Water
ManaQement District updates the Lower East Coast ReQional Water Supplv Plan to
remain consistent with the reaional water suoolv olan. The City shall maintain a
record of City staff attendance and participation in appropriate interQovernmental
and/or multi-jurisdictional coordination efforts (i.e. meetinQs. workshops. committees,
aQreements. etc.).
Policv 2.4
The City shall ensure and identify the consistency of local level of service standards
bv annuallv contactinQ Miami-Dade County Water and Sewer Department and the
City of North Miami Beach as the City's service providers. to obtain and share
current information. includinQ populations. level of services. service areas. water
supplv facilities. implementation schedule of reauired potable water conservation
and reuse measures and evaluate if future modification to either the service
aQreement or level of service standards should be included in subseauent
Comprehensive Plan Amendments. This contact may be bv way of meetinQ of the
Miami-Dade Planners Technical Committee or bv mutuallv aQreed upon tri-partv
meetinQs.
Policv 2.5
The Citv shall coordinate with the Miami-Dade Water and Sewer Deoartment and
with the Citv of North Miami Beach to ensure that water service to the areas served
bv the Countv and NMB will be orovided based on the aoolicable Level of Service
standard,
CONSERVATION & COASTAL MANAGEMENT ELEMENT
The goals, objectives, and policies for the conservation element have been
combined with the goals, objectives, and policies for the coastal management
element because they are complementary within a coastal community such as
Aventura.
CONSERVATION GOAL
To achieve a balanced environmental system that conserves, encourages the
thoughtful use, and protection of resources, and natural environmental
systems while considering the existing built environment. [9J-5,Q13(2)(a)]
OBJECTIVE 8
May 12, 2009
25
City of A ventura Water Supply Facilities Work Plan
Secure the provision of potable water in sufficient quantity to meet present and
projected needs commensurate with reasonable anticipated demand.
Policy 8.2
In order to comply with policies of the South Florida Water Management District
directed toward conservation of potable water supply and to achieve a reduction in
the current rates of water consumption the following performance standards shall
apply:
· Where non-potable alternative sources of irrigation water are available
potable water supplies may not be used to meet irrigation needs.
· The City of Aventura shall encour3ge coordinate with the Miami-Dade
Water and Sewer Department (MDWASD) and the City of North Miami
Beach to study the feasibility of using reclaimed water as one method
of reducing the amounts of potable water used for non-potable
activities.
· Require the use of water-saving plumbing fixtures in all new
developments as required by Miami-Dade County Ordinance 08-14.
· Require the use of water-saving plumbing fixtures when plumbing
fixtures are replaced or retrofitted.
· In order to reduce demand for irrigation water (which in turn often
places greater demand upon potable water sources), at least seventy
percent (70%) of all landscaping material obtained from off-site
sources for use on any site should be native plant material adapted to
soil and climatic conditions existing on the subject site such as
landscapinQ principles identified in FDEP LandscapinQ Irriqation and
Florida-Friendly DesiQn Standards.
· To further reduce water demand at least fifty percent (50%) of all trees
used in landscaping shall be native species adapted to soil and
climatic conditions existing on-site. Landscape principals identified in
the FDEP Landscapina Irriaation and Florida Friendlv Desian
Standards should be utilized.
Policy 8.3
The City of Aventura will cooperate with MDWASD and the City of North Miami
Beach to require that before the issuance of a buildinQ permit or its functional
equivalent. adequate water supplies to serve the new development will be available
no later than the anticipated date of issuance by the local Qovernment of a certificate
of occupancy or its functional equivalent.
May 12, 2009
26
City of A ventura Water Supply Facilities Work Plan
Policy 8.3 Policy 8.~
The City of Aventura shall continue to cooperate with local, regional, state and
federal agencies for the management of fresh water resources to maintain adequate
fresh water supplies during dry periods and to, when practicable, conserve water.
Policy 8.4 Policy 8.~
The City of Aventura shall continue to cooperate with MDWASD. the City of North
Miami Beach and the South Florida Water Management (SFWMD) for the
implementation of water demand management policies and programs.
Policy 8.5 Policy 8.~
The City of Aventura shall continue to require compliance with all applicable federal,
state, regional and county water quality standards.
Polisy 8.6 Policy 8.1
The City of Aventura shall cooperate with MDWASD. the City of North Miami Beach
and the SFWMD to conserve water resources during emergencies.
Policy 8.7 Policy 8.~
The City shall adopt a Ten-Year Water Supply Facilities Work Plan. The City shall
coordinate implementation of the Work Plan's ooals. obiectives and policies with the
work plans of support, as appropriate, the South Florida Water Manaoement District.
Miami-Dade County Water and Sewer Department and the City of North Miami
Beach.:. in their development and implementation of the \j\later Supply Facilities
\Norkplan required by Florida Statute, The City shall also coordinate its efforts to
conserve water with the efforts of these aoencies in their aM tRe water conservation
efforts and other agencies.
May 12, 2009
27
City of A ventura Water Supply Facilities Work Plan
~ .. ..
i! ~ ..
.. "
~ > ~
<( ..
..
5 5 c
'" ... i
N to
W . oj 10 oj
Z Z Z A ()
Not to Scale -
_ Serviced by Mlaml-Cado WASA
_ Serviced by City Df North Miami Beach
Sources: Miami-Dade WASD Water Supply Facilities Work Plan
North MiamI Beach 1o-Year Water Supply Facilities Work Plan
May 12,2009
28
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
A TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND
AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY
AMENDING THE FUTURE LAND USE ELEMENT, THE
INFRASTRUCTURE ELEMENT, THE CAPITAL IMPROVEMENTS
ELEMENT, THE INTERGOVERNMENTAL CO-ORDINATION ELEMENT
AND THE CONSERVATION & COASTAL MANAGEMENT ELEMENT OF
THE CITY OF AVENTURA COMPREHENSIVE PLAN TO IMPLEMENT
THE CITY OF AVENTURA TEN-YEAR WATER SUPPLY FACIIL TIES
WORK PLAN REQUIRED PURSUANT TO CHAPTER 163, PART II,
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in 2002, 2004 and 2005 the Florida Legislature expanded local
government comprehensive plan requirements to strengthen coordination of water supply
planning in the State; and
WHEREAS, Section 163,3177, Florida Statutes requires that local comprehensive
plans must coordinate with the appropriate water management district's regional water
supply plan; and
WHEREAS, the City of Aventura proposes to adopt a Ten-Year Water Supply
Facilities Work Plan; and
WHEREAS, the City of Aventura has proposed amendments to the Future Land
Use, Infrastructure, Capital Improvements, Intergovernmental Coordination, and
Conservation and Coastal Management Elements of the Comprehensive Plan to
implement the Ten-Year Water Supply Facilities Work Plan and to coordinate water
supply planning in order to comply with State Statute; and
WHEREAS, at a public hearing on January 13, 2009, the City of Aventura Local
Planning Agency reviewed the proposed Ten-Year Water Supply Facilities Work Plan and
the amendments to the Comprehensive Plan elements, found the proposed changes to
be consistent with the City of Aventura Comprehensive Plan and recommended approval
Ordinance No. 2009-_
Page 2 of 13
of the Ten-Year Water Supply Facilities Work Plan and comprehensive plan amendments
to the City Commission.
WHEREAS, the City Commission finds that the proposed amendments will not
result in impacts on any infrastructure system that will exceed established level of service
standards and are otherwise consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Aventura; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the Comprehensive Plan to adopt a Ten-Year Water Supply Facilities Work
Plan and to adopt the amendments to the Future Land Use, Infrastructure, Capital
Improvement, Intergovernmental Coordination, and Conservation and Coastal
Management Elements to strengthen coordination of water supply planning and local
land use planning.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOllOWS:
Section 1. FindinQs. The foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. The Ten-Year Water Supply Facilities Work Plan dated December
9, 2008, Revised Mav 12. 2009, attached as Exhibit #1 to this Ordinance, is hereby
adopted as the water supply facilities work plan for the City of Aventura.
Section 3. Amendments to the Future land Use Element. The Future Land
Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1:
Policy 7.2 is added to Objective 7 to provide for coordination of current and future land
uses with the availability of water supply.
1Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
proposed deletions from existing text. Double-underlined text indicates additions as a result of the
Objections, Recommendations and Comments (ORC) Report by the State of Florida Department of
Community Affairs, Q€ll.llolle &trisl~BR tt.:lr€ll.l~t.:l text indicates deletions as a result of the ORC Report,
Remaining provisions are now in effect and remain unchanged,
Ordinance No. 2009-
Page 3 of 13
Policy 7.2
The City. throuqh its Land Development Requlations and in coordination with the Ten-
Year Water Supplv Facilities Work Plan will coordinate current land uses and any future
land use chanqes with the availabilitv of water supplv system.
Policy 7.3 is added to Objective 7 to require that proposed amendments to the Future
Land Use Map provide data and analysis demonstrating adequate water supply and
facilities
Policy 7.3
The City shall require proposed amendments to the Future Land Use Map provide data
and analvsis demonstratinq adequate water supplv and facilities are available.
Section 4. Amendments to the Infrastructure Element. The Infrastructure
Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1:
INFRASTRUCTURE GOAL 1 - Policy 2.1 of Objective 2 is amended to add Level of
Services standards for Potable Water Supply for the City of North Miami Beach, which
services a portion of the City of A ventura
Policy 2.1
To assure an adequate level of service, potable water and sanitary sewer facilities shall
meet the following level of service standards, as adopted by Miami-Dade County Water
and Sewer Department and the City of North Miami Beach, the City's current service
provider~.
1) Potable Water Supply
Area Serviced bv Miami-Dade Water & Sewer Department
(a) The system shall operate with a rated maximum daily capacity which is no less
than 2 percent above the maximum daily flow for the preceding year, and an average
daily capacity 2 percent above the average daily I9sr €lEll3itEl system demand for the
preceding 5 years,
(b) Water shall be delivered to users at a pressure no less than 20 pounds per
square inch (psi) and no greater than 100 psi. Unless otherwise approved by the
Miami-Dade Fire Department, minimum fire flow based on the land use served shall be
maintained as follows:
Ordinance No, 2009-
Page 4 of 13
Land Use
Single Family Residential/Estate
Single Family, Duplex, and Residential on minimum
lots of 7,500 sf.
Multi-Family Residential
Semiprofessional Offices, Hospitals, Schools
Business and Industry
Min. Fire Flow
500 gal/min
750 gal/min
1,500 gal/min
2,000 gal/min
3,000 gal/min
(c) Water quality shall meet all federal, State and County primary standards for
potable water.
(d) System-wide storage capacity for finished water shall equal no less than 15
percent of the system average daily demand,
Area Serviced bv the City of North Miami Beach
Potable Water: the City's water system shall provide 144 qallons per person per day
at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a
water pressure of 40 pounds per square inch (psi) althouqh 20 psi is the leqal
minimum.
Policy 2.3 of Objective 2 is amended to require that adequate water supply is available
concurrent with the impact of the development
Policy 2.3
Except as provided by Objective 1 and the supporting policies, no development order
authorizing new development or a significant expansion of an existing use shall be
issued for any area of the City which is served by a potable water or sanitary sewer
facility which does not meet the standards in Policy 2.1 or will not meet these standards
concurrent with the completion of the development. In any case where these federal,
state, or county standards referenced in Policy 2.1 are revised, a reasonable time for
compliance with the new standards shall be allowed.
Prior to approvinq a buildinq permit. the City shall require that adequate water supplies
to serve the new development will be available no later than the anticipated date of a
certificate of occupancy or its functional equivalent.
Policy 2.6 of Objective 2 is amended to extend the year from 2015 to 2025
Policy 2.6
The City shall continue to coordinate with a provider who shall continue the expansion
of existing water and wastewater treatment plants to meet demand through the year
~ 2025.
Ordinance No. 2009-
Page 5 of 13
Policy 2. 7 of Objective 2 is added to create and adopt a Water Supply Facilities Work
Plan by reference
Policy 2.7
The City shall create and adopt a Water Supply Facilities Work Plan that is consistent
with the South Florida Water ManaQement District's Lower East Coast ReQional Water
Supply Plan. Miami-Dade Water and Sewer Department~ Water Suoolv Facilities Work
Plan Reoort, oreoared bv COM. dated November 26.2007. and the City of North Miami
Beach~ 10-Year Water Suoolv Facilities Work Plan oreoared bv MHE. dated Mav
2008. The City's Work Plan will be updated within 18 months after the South Florida
Water ManaQement District's Lower East Coast ReQional Water Supply Plan. Miami-
Dade Water and Sewer Department's Work Plan, and the City of North Miami Beach's
Work Plan are updated. The City of Aventura. Florida, Water Supply Facilities Work
Plan dated December 9. 2008. revised Mav 12. 2009. is hereby adopted by reference.
Policies 5. 1 and 5.2 of Objective 5 are amended to add the City of North Miami Beach
Policy 5.1
The City of Aventura shall encourage support Miami-Dade County and the City of North
Miami Beach in the development of fts future potable water supplies, to the maximum
extent feasible, utilize methods which preserve the integrity of the Biscayne Aquifer,
protect the quality of surface water and related ecosystems, and comply with the land
use and environmental protection policies of the Miami-Dade County CDMP, the City of
North Miami Beach, the Strategic Regional Policy Plan for South Florida, and the State
Comprehensive Plan.
Policy 5.2
When reclaimed water becomes available, the City shall consider its use on public and
private properties. Currently, the Miami-Dade Water and Sewer Department and the
City of North Miami Beach ffi. are responsible for implementing any reuse that is
deemed by the County to be economically feasible.
Policy 5.3 of Objective 5 is amended to create a Water Supply Facilities Work Plan
Policy 5.3
The City shall create a Ten-Year Water Supply Facilities Work Plan that is consistent
with reviev.' tho '.vater supply facility the work plans of Miami-Dade County MDWASD
and the City of North Miami Beach, as they are adopted and/or periodically updated, in
order to identify alternative projects that will increase its water supply, and shall
Ordinance No, 2009-_
Page 6 of 13
coordinate with Miami-Dade County and the City of North Miami Beach, as appropriate,
in the implementation of these projects.
INFRASTRUCTURE GOAL 2 - Policv 2.3 of Obiective 2 is amended to reolace theword
''xeriscaoe'' with "Florida Friendlv"
Policy 2.3
Water conserving irrigation and other landscape practices such as Xer:is@Gll3e Florida
Friendlv shall be used wherever feasible, Through its site and landscape reviews,
Aventura shall ensure that appropriate native and xsriss813B Florida Friendly plant
materials are used, particularly where public water is used to water lawns, golf courses
and landscaped green spaces,
Objective 1 of the Aquifer Recharge Goal in the Infrastructure Element is amended to
add Miami-Dade County Water and Sewer Department and the City of North Miami
Beach, and Policv 1.3 is amended to reolace the word ''xeriscaoe'' with "Florida
Friendlv".
The City shall support the efforts of the County Miami-Dade County Water and Sewer
Department and the City of North Miami Beach to identify significant ground water
resources and protect them through land use controls, public acquisition, easements or
other appropriate methods.
Policy 1.3
The City shall institute a comprehensive program responsible for educating businesses
and residents of: the County's current water conservation policies, the fragility of the
aquifer, methods to reuse and conserve water, well abandonment problems and rules,
and benefits of drought resistant plants (}{Bris@Gll3e Florida Friendlv)
Section 5. Amendment to Capital Improvements Element. The Capital
Improvements Element of the City of Aventura Comprehensive Plan is hereby amended
as follows 1 :
Policy 2.4 of Objective 2 is amended to add Level of Services standards for Potable
Water Supply for Miami-Dade Water and Sewer Department and for the City of North
Miami Beach which both service a portion of the City of A ventura
Policy 2.4
Ordinance No. 2009-
Page 7 of 13
The Five-Year Capital Improvements Program, or the City's contract providers as
appropriate, shall incorporate the identified capital investments from each functional
element and will be based on the following LOS standards: [9J-5.016(3)(c)4]
Potable Water Supply
Area Serviced bv Miami-Dade Water & Sewer Deoartment:
a) The treatment system shall operate with a rated maximum daily capacity
which is no less than two percent (2%) above the maximum daily flow for the
preceding year, and an average daily capacity two percent (2%) above the
average daily filer €lElfilitQ system demand for the preceding five (5) years.
Water shall be delivered to users at a pressure no less than twenty (20)
pounds per square inch (psi) and no greater than 100 psi. Unless otherwise
approved by the Miami-Dade Fire Department or successor entity, minimum
fire flow, based on the land use served, shall be maintained as follows:
Minimum Fire Flow
Land Use
Gallons per Minute
Single Family Residential Estate Density 500
Single Family and Duplex Residential on Minimum lots 750
of 7,599 ft2
Multi-family Residential, Semiprofessional Offices 1,500
Hospitals, Schools 2,000
Business and Industry 3,000
b) Water quality shall meet all federal, state and county primary standards for
potable water.
c) System-wide storage capacity for finished water shall equal no less than fifteen
(15) percent of the system-wide average daily demand.
Area Serviced bv the Citv of North Miami Beach
Potable Water: the City's water system shall provide 144 oallons per person per
day at a pressure of 40 pounds per square inch (psi), The City attempts to
maintain a water pressure of 40 pounds per square inch (psi) althouoh 20 psi is
the leoal minimum.
Ordinance No. 2009-_
Page 8 of 13
Section 6. Amendment to the Interaovernmental Coordination Element. The
Intergovernmental Coordination Element of the City of Aventura Comprehensive Plan is
hereby amended as follows 1 :
Policy 2.3 of Objective 2 is amended to specify coordination and consistencv among the
work plans of the South Florida Water Management District, Miami-Dade Water and
Sewer Department and the City of North Miami Beach with the City of A ventura Work
Plan
Policy 2.3
The City shall support, 3S 3pproprbte, Mbmi D3de County's and North Miami Beach's
development and implementation of the 'N3ter Supply Facilities 'Nork Plan required by
Florida St3tute 3nd the 'Nater conservation efforts of other 3gencies.
The City shall ensure coordination of the comprehensive plan with the most current
South Florida Water Manaoement District Lower East Coast Reaional Water Suooly
Plan Uodate as well as the Miami-Dade County 'Neter eRa SElv:sr blSl38Rm€mt and the
City of North Miami Beach Water Supply Facilitv Work Plans when proposino and/or
amendino the City's Ten-Year Water Supply Facilities Work Plan, The City's Work Plan
shall be updated within 18 months after the South Florida Water Manaoement District
updates the Lower East Coast Reoional Water Supply Plan to remain consistent with
the reaional water suoolv olan. The City shall maintain a record of City staff attendance
and participation in appropriate interoovernmental and/or multi-jurisdictional
coordination efforts (Le, meetinos. workshops. committees, aoreements),
Policy 2.4 of Objective 2 is added to identify and ensure consistency of level of service
standards between the City of A ventura, Miami-Dade Water and Sewer Department
and the City of North Miami Beach and sharina of information
Policy 2.4
The City shall ensure and identify the consistency of local level of service standards by
annually contactino Miami-Dade County Water and Sewer Department and the City of
North Miami Beach as the City's service providers. to obtain and share current
information, includino populations, level of services. service areas. water supply
facilities, implementation schedule of required potable water conservation and reuse
measures and evaluate if future modification to either the service aoreement or level of
service standards should be included in subsequent Comprehensive Plan
Amendments. This contact may be by way of meetino of the Miami-Dade Planners
Technical Committee or by mutually aoreed upon tri-party meetinos.
Ordinance No. 2009-_
Page 9 of 13
Policv 2.5 of Obiective 2 is added to Drovide that the Citv will coordinate with its
sUDDliers to ensure that water service to the areas served bv the Countv and the Citv of
North Miami Beach will be Drovided based on the aDDlicable Level of Service standard.
Policv 2.5
The City shall coordinate with Miami-Dade Water and Sewer Deoartment and with the
City of North Miami Beach to ensure that water service to the areas served by the
County and the city of North Miami Beach will be orovided based on the aoolicable
Level of Service standard.
Section 7.
Amendment to the Conservation and Coastal Manaaement
Element. The Conservation and Coastal Management Element of the City of Aventura
Comprehensive Plan is hereby amended as follows 1:
Policy 8.2 of Objective 8 is amended to add the City of North Miami Beach; add the
recently approved Miami-Dade County Ordinance 08-14 regarding efficient plumbing
fixtures; add reference to water saving irrigation standards; and add reference to the
Florida DeDartment of Environmental Protection LandscaDe Irriaation and Florida
Friendlv Desian Standards.
Policy 8.2
In order to comply with policies of the South Florida Water Management District
directed toward conservation of potable water supply and to achieve a reduction in the
current rates of water consumption the following performance standards shall apply:
· Where non-potable alternative sources of irrigation water are available
potable water supplies may not be used to meet irrigation needs.
· The City of Aventura shall encourage coordinate with the Miami-Dade
Water and Sewer Department (MDWASD) and the City of North Miami
Beach to study the feasibility of using reclaimed water as one method of
reducing the amounts of potable water used for non-potable activities.
· Require the use of water-saving plumbing fixtures in all new developments
as required by Miami-Dade County Ordinance 08-14.
· Require the use of water-saving plumbing fixtures when plumbing fixtures
are replaced or retrofitted.
Ordinance No. 2009-
Page 1 0 of 13
· In order to reduce demand for irrigation water (which in turn often places
greater demand upon potable water sources), at least seventy percent
(70%) of all landscaping material obtained from off-site sources for use on
any site should be native plant material adapted to soil and climatic
conditions existing on the subject site such as landscapinQ principles
identified in FDEP LandscapinQ IrriQation and Florida-Friendly DesiQn
Standards.
· To further reduce water demand at least fifty percent (50%) of all trees
used in landscaping shall be native species adapted to soil and climatic
conditions existing on-site. Landscapina principles identified in FDEP
Landscapina Irriaation and Florida Friendlv Desian Standards should be
utilized.
Policy 8.3 of Objective 8 is added to provide for coordination regarding the availability of
water supplies to serve new development prior to a certificate of occupancy
Policy 8.3
The City of Aventura will cooperate with MDWASD and the City of North Miami Beach
to reauire that before the issuance of a buildina permit or its functional eauivalent
adequate water supplies to serve the new development will be available no later than
the anticipated date of issuance by the local Qovernment of a certificate of occupancy or
its functional eauivalent.
Policies 8.3 through 8. 7 of Objective 8 are renumbered and newly numbered Policies
8.5 and 8. 7 are amended to add the City of North Miami Beach
PoliGY 8.3 Policy 8.~
The City of Aventura shall continue to cooperate with local, regional, state and federal
agencies for the management of fresh water resources to maintain adequate fresh
water supplies during dry periods and to, when practicable, conserve water.
Policy 8.4 Policy 8.~
The City of Aventura shall continue to cooperate with MDWASD. the City of North
Miami Beach and the South Florida Water Management (SFWMD) for the
implementation of water demand management policies and programs.
Policy 8.5 Policy 8.,2
The City of Aventura shall continue to require compliance with all applicable federal,
state, regional and county water quality standards.
Ordinance No. 2009-
Page 11 of 13
Policy 8.6 Policy 8.1
The City of Aventura shall cooperate with MDWASD, the City of North Miami Beach
and the SFWMD to conserve water resources during emergencies.
Newly numbered Policy 8.8 of Objective 8 is amended to adopt the City's Ten-Year
Water Supply Facilities Work Plan and ensure future coordination with the appropriate
agencies
Policy 8.7 Policy 8.~
The City shall adopt a Ten-Year Water Supply Facilities Work Plan, The City shall
coordinate implementation of the Work Plan's ooals, obiectives and policies with the
work plans of support, as :::lppropriate, the South Florida Water Manaoement District
Miami-Dade County Water and Sewer Department and the City of North Miami Beach.:.
in their development and implement:::ltion of the 'Nater Supply Facilities VVorkpl:::ln
required by Florid3 St3tute, The City shall also coordinate its efforts to conserve water
with the efforts of these aoencies in their aAG tAe water conservation efforts and other
agencies.
Section 8. Severability, That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 9. Inclusion in the Comprehensive Plan. That it is the intention of
the City Commission and it is hereby ordained that the provisions of this Ordinance
shall become and made a part of the Comprehensive Plan of the City of Aventura.
Section 10. Transmittal. That the City Clerk is directed to transmit the
amendment to the State of Florida Department of Community Affairs and other
agencies as required under Chapter 163, Part II of the Florida Statutes.
Section 11. Effective Date. That this Ordinance shall be effective immediately
upon passage by the City Commission on second reading, except that the effective
date of the amendments adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs or Administration Commission
Ordinance No. 2009-
Page 12 of 13
finding the amendments in compliance in accordance with Section 163.3184, Florida
Statutes, whichever occurs earlier. The Florida Department of Community Affairs'
notice of intent to find the Plan Amendments in compliance shall be deemed to be a
final order if no timely petition challenging the Plan Amendment is filed pursuant to
Chapter 163, Florida Statutes.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Michael Stern
Commissioner Billy Joel
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 Michael Stern
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
PASSED on first reading this 13th day of January, 2009,
Ordinance No. 2009-
Page 13 of 13
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:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, ICMA-CM, Ci
TO:
City Commission
DATE:
May 19, 2009
SUBJECT: Resolution Adopting in Principle e Capital Improvement Program
Document 2009/10 to 2013/14
June 2, 2009 City Commission Meeting Agenda Item ...J....
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution adopting, in
principle, subject to annual revision and authorization, the Capital Improvement
Program for 2009/10 to 2013/14.
BACKGROUND
The 2009/10 to 2013/14 Capital Improvement Program document was reviewed at the
May Commission Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01656-09
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO
ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA
CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR
2009/10 TO 2013/14 AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Program document for fiscal years 2009/10 to
2013/14, attached hereto was presented and recommended to the City Commission of the City of
Aventura by the City Manager as a long term plan of proposed capital expenditures, the means
and methods of financing the projects and an action plan for the implementation of the projects;
and
WHEREAS, the City Commission recognizes the need to adopt a Capital Improvement
Program to address Beautification and Parks, Transportation, Drainage and Infrastructure
Improvements, Public Buildings and Facilities, Information Technology and Capital Equipment
Purchase and Replacement which represents a commitment by the community toward
achievement and maintenance of a desirable high quality of life for all residents; and
WHEREAS, the City Commission recognizes the need to formulate a Capital Improvement
Program which adopts a sound financing plan; and
WHEREAS, the City Commission has reviewed the Capital Improvement Program
document at a public meeting of the City Commission and wishes to adopt said document in
concept.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby accepts and adopts in principle, subject to
annual revisions and authorization, the City of Aventura Capital Improvement Program document
for fiscal years 2009/10 to 2013/14 attached hereto and incorporated herein as specifically as if set
out at length herein.
Section 2. The City Manager be and the same is hereby authorized to do all things
necessary and expedient in order to carry out the aims of this Resolution.
Section 3.
This Resolution shall take effect immediately upon 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 Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-_
Page 2
PASSED AND ADOPTED this 2nd day of June, 2009.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPRN~~Y
CITY ATTORNEY
SUSAN GOTTLIEB, MAYOR
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City of A ventura
Capital Improvement Program
2009/10 - 2013/14
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CAPITAL IMPROVEMENT PROGRAM
2009/10 - 2013/14
~@ 'e'\"'~
G~ of E%Ce~
CITY OF AVENTURA
CITY COMMISSION
Mayor Susan Gottlieb
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
CITY MANAGER
Eric M. Soroka
DEPARTMENT DIRECTORS
Weiss Serota Helfman Pastoriza Cole & Boniske, P.A., City Attorney
Robert M. Sherman, Community Services Director
Teresa M. Soroka, City Clerk
Joanne Carr, Community Development Director
Karen J. Lanke, Information Technology Director
Steven Steinberg, Police Chief
Julie Aim, Principal Charter School
Brian K. Raducci, Finance Director
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City of
A ventura
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GC)l,'cmmCnl Center
19200 Wcn Country Club Drive
Aventura. Ronda 33180
Office of the City Manager
The Honorable Mayor and
Members of the City Commission
City of Aventura
Aventura, Florida 33180
Enclosed herein is the proposed City of Aventura (the "City") Capital
Improvement Program (CIP) for the fiscal period October 1, 2009 through
September 30, 2014 and the proposed Capital Budget for the Fiscal period
October 1, 2009 through September 30, 2010.
The primary goal of the CIP is to develop a long-term plan of proposed capital
expenditures, the means and methods of financing, and a schedule of priorities
for implementation. It is important to stress that the CIP is a planning tool to
evaluate infrastructure needs of the City as well as the financial capabilities of the
City. In order to determine the impact of the CIP on the City's future operating
budget, the City Commission and residents will be provided with the benefits of a
CIP document which serves as a point of reference and includes an estimated
long-term budget plan.
At this point in the City's history, the need for major capital improvement funding
has decreased substantially due to a very ambitious schedule of completing
major community facilities and infrastructure projects during the past thirteen
years since the incorporation of the City. This document represents an update of
the CIP that was originally prepared for the five-year cycle of 2008 to 2013. The
update process is important for the CIP to become a continuing and ongoing
planning/implementation process. The last four years of last year's program
were reevaluated in light of unanticipated needs, cost revisions, new project
priorities and the financial condition of the City. In addition, the CIP was updated
to add new projects in the fifth year (2013/14) to complete the cycle. Projects
included within the framework of the program were based on input from
Commissioners, staff, City consultants and citizens.
The following represents the significant revisions or modifications to the
proposed CIP compared to the prior document:
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· Added Yacht Club Way Bridge Improvements -$250,000.
· Added Exercise Trail Improvements - $452,788.
· Added 2 new Bus Shelters and replace bus benches along Country Club
Drive - $312,000
· Added Country Club Drive (Southbound) Road Resurfacing project -
$750,000.
· Added Government Center Air Conditioning Chiller Replacements -
$330,000.
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The proposed 2009 - 2014 CIP includes 24 projects in five (5) functional
categories with a total value of $12,235,893. The following represents the
percentage of total funding that each functional category has been allocated:
Beautification & Parks Facilities (4%), Transportation, Drainage and
Infrastructure Improvements (43%), Capital Equipment Purchase and
Replacement (27%), Information/Communication Technology (23%) and Public
Buildings and Facilities Improvements (3%).
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Major emphasis was placed on the following projects:
. Road Resurfacing
· Transportation, Transit and Traffic Improvements
· Stormwater Drainage Improvements
$3,220,000
1,014,788
1,000,000
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It is important to note that two transportation and one transit project were funded
from the Federal Economic Stimulus monies in the amount of $1 ,014,788.
The document contains a detailed funding plan that forecasts revenues
necessary to fund both the CIP and the operating budgets over the next five (5)
years. The proposed funding plan is based on the assumption that operating
expenditures can be maintained at certain percentage increases and revenues
grow at specified levels. The plan is based on conservative estimates reflecting
these uncertain economic times.
I am proud of the many accomplishments and the support the City Commission
and residents have shown in the implementation of the capital projects since the
incorporation of the City. Our beautification projects, park and open space
additions, Government Center, Community Recreation Center, Charter School,
transportation improvements and many other community enhancements continue
to exhibit our commitment to excellence and professionalism. This document
serves many purposes. Importantly it serves as an aid to the residents in
providing a better understanding of the City's long-term capital needs and how
the City intends to meet these demands. It also details our continuing effort to
address the needs and concerns of our citizens while making prudent financial
decisions which contribute to the City's long term financial health.
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The preparation and formulation of this document could not have been
accomplished without the dedicated efforts of all Department Directors and their
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staff. Their professional efforts have assisted in the preparation of this important
planning program.
I request and recommend that you take the following actions regarding the
proposed 2009 - 2014 Capital Improvement Program:
1. Hold a workshop meeting to review the CIP document in May.
2. Transmit copies of the CIP summary document to the public.
3. Hold a public hearing to conceptually adopt the final CIP document,
by resolution, for implementation.
All questions relating to the CIP should be referred to my attention.
Respectfully submitted,
E~. sari
City Manager
CAPITAL IMPROVEMENT PROGRAM
2009 - 2014
HIGHLIGHTS
· Road maintenance projects that total $3,120,000 to resurface asphalt and enhance
safety are included for Williams Island Road, Hospital District, NE 29th Avenue, NE 34th
Avenue NE 18yth Street, NE 185th Street, NE188th street and the northern and southern
portion of Country Club Drive.
· Utilizes a stormwater utility program to maintain drainage systems throughout the City.
A total of $1 ,000,000 has been earmarked during the five-year period.
· Provides funding to upgrade the Yacht Club Way Bridge and for the Don Soffer
Exercise Trail improvements in the amount of $702,788.
· Adds two bus shelters on Country Club Drive and the replacement of bus benches at a
cost Of $312,000.
· Continues the implementation of Biscayne Boulevard intersection improvements for NE
183rd Street at a cost of $75,000.
· Replaces the Air conditioning Chiller System at the Government Center at a cost of
$$330,000.
· Provides the necessary equipment to continue to provide high quality and effective
police services.
· Continues the implementation of technology improvements and management
information systems to enhance the productivity and efficiency of City operations.
· Ensures that the tools of production, vehicles, equipment and technology, are available
for City operations.
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CAPITAL IMPROVEMENT PROGRAM
2009 - 2014
TABLE OF CONTENTS
INTRODUCTION
Purpose of the Capital Improvement Program
Legal Authority
Development of the Capital Improvement Program
Capital Improvement Program Policies
Preparing the Capital Budget
Locating a Specific Capital Project
Reading the Program Schedules
OVERVIEW OF RECOMMENDED PROJECTS
Summary of Recommended Projects
Summary of Major Programs
Summary of Proposed Appropriations by Funding Source
Summary of Project by Location and Year
FUNDING PLAN
Introduction
Debt vs. Pay-As-You-Go Financing
Required Separation of Funding Sources
Summary of Financing Plan Model
Proposed Financing Plan General Fund
Proposed Financing Plan Transportation Fund
Proposed Financing Plan Stormwater Utility Fund
PAGE
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PROJECT DESCRIPTIONS AND FUNDING SCHEDULES
Beautification and Park Facilities Improvements
Transportation, Drainage and Infrastructure Improvements
Public Buildings and Facilities Improvements
I nformation/Commu n ications Tech nology
Capital Equipment Purchases and Replacements
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INTRODUCTION
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City of Aventura
INTRODUCTION
This section describes what a Capital Improvement Program (CIP) is and the process
for developing the City of Aventura (the "City") Capital Improvement Program and
Capital Budget. This introduction also explains how to locate a specific project in this
document.
PURPOSE OF THE CAPITAL IMPROVEMENT PROGRAM
The purpose of the CIP is to establish a long term plan of proposed capital
expenditures, the means and methods of financing, and a schedule of priorities for
implementation. In order to determine the impact on the City's operating budget, debt
service and the general trend of future expenditures, the City Commission will be
provided with the advantage of a CIP document as a point of reference and estimated
long term budget plan. In accordance with the State's Growth Management Act, the
City is required to undergo this process in order to meet the needs of its Comprehensive
Plan.
The CIP is an official statement of public policy regarding long-range capital
development within the City. A capital improvement is defined as a capital expenditure
of $5,000 or more, resulting in the acquisition, improvement or addition to fixed assets in
the form of land, buildings or improvements, more or less permanent in character, and
durable equipment with a life expectancy of more than one (1) year. In addition,
equipment that has a value of $5,000 or less is also included in this document for
budgetary purposes.
The CIP lists proposed capital projects to be undertaken, the year in which they will be
started, the amount expected to be expended in each year and the method of financing
these projects. Based on the CIP, a department's capital outlay portion of the annual
Operating Budget will be formulated for that particular year. The CIP document also
communicates to the citizens, businesses and interested parties the City's capital
priorities and plan for implementing projects.
The five-year CIP is updated annually to add new projects in the fifth year, to re-
evaluate the program and project priorities in light of unanticipated needs, and to revise
recommendations to take account of new requirements and new sources of funding.
Capital Improvement programming thus becomes a continuing part of the City's
budgeting and management procedures.
The annual capital programming process provides the following benefits:
1. The CIP is a tool for implementing the City's Comprehensive Plan.
2. The CIP process provides a mechanism for coordinating among projects
with respect to function, location, and timing.
Capital Improvement Program 2009-2014
Page 1
Capital Improvement Program 2009-2014
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City of Aventura
3. The yearly evaluation of project priorities ensures that the most crucial
projects are developed first.
4. The CIP process facilitates long-range financial planning by matching
estimated revenue against capital needs, establishing capital expenditures
and identifying the need for municipal borrowing and indebtedness within
a sound long-range fiscal framework. The sound fiscal policy that results
from this process will have a positive impact on the City's bond rating.
5. The impact of capital projects on the City's operating budget can be
projected.
6. The CIP serves as a source of information about the City's development
and capital expenditures plan for the public, City operating departments
and the City Commission.
LEGAL AUTHORITY
A capital programming process to support the comprehensive plan is required by the
Local Government Comprehensive Planning and Land Development Regulations,
incorporated as Chapter 163, Florida Statues.
DEVELOPMENT OF THE CAPITAL IMPROVEMENT PROGRAM
The City's capital programming process began in December when operating
departments were required to prepare requests for all proposed capital projects
anticipated during the period of 2009 - 2014. A CIP Preparation Manual and related
forms were distributed to all departments for this purpose.
In February, departmental prioritized project requests were submitted to the City
Manager's Office. Department Directors were asked to justify projects in terms of
benefits derived, necessity to health, safety and welfare of the City, enhancement to
City plans and policies, need of residents and funding. Projects were prioritized on the
basis of Urgency, Necessity, Desirability, and Deferability.
The City Manager reviewed departmental requests and conducted individual meetings
with Department Directors. The departmental requests were prioritized and the five-
year schedule of projects was compiled into document form by the City Manager. The
methods of financing and revenue sources were then prepared by the Finance Director
and City Manager and were incorporated into the CIP document. At this point, the
proposed CIP is submitted to the City Commission and public for review.
In order to facilitate public involvement, public hearings and community meetings will be
held to unveil and review the CIP document prior to the adoption of a Resolution
approving the CIP in principle.
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City of Aventura
CAPITAL IMPROVEMENT PROGRAM POLICIES
1. Annually, the City will prepare a five-year capital improvement program
analyzing all anticipated capital expenditures and identifying associated
funding sources. Future capital expenditures necessitated by changes in
population, changes in development, growth, redevelopment or changes
in economic base will be calculated and included in the Capital update
process.
2. The City will perform all capital improvements in accordance with an
adopted CIP.
3. The classification of items as capital or operating will be determined by
two criteria - cost and frequency. Generally, a capital project has a "useful
life" of more than one (1) year and a value of $5,000 or more. In addition,
equipment that has a value of $5,000 or less is also included in the
document for budgetary purposes.
4. The City will coordinate development of the capital improvement budget
with the development of the operating budget. Future operating costs
associated with new capital improvements will be projected and included
in the operating forecasts.
5. The first year of the five-year capital improvement program will be used as
the basis for formal fiscal year appropriations during the annual budget
process.
6. The City will maintain all of its assets at a level adequate to protect the
City's capital investment and to minimize future maintenance and
replacement costs.
7. The City will identify the estimated cost of capital projects and prepare a
funding projection that considers revenues and operating costs to be
included in the Capital Improvement Program document that is submitted
to the City Commission for approval.
8. The City will determine the most appropriate financing method for all new
projects.
9. If appropriate, the City will attempt to maintain a mixed policy of
pay-as-you-go and borrowing against future revenues for financing capital
projects.
10 The City will maintain ongoing maintenance schedules relating to road,
sidewalk and drainage system improvements.
11. The City will address and prioritize infrastructure needs on the basis of
protecting the health, safety and welfare of the community.
12. A CIP preparation calendar shall be established and adhered to.
13. Capital projects will conform to the City's Comprehensive Plan.
14. Long-term borrowing will not be used to fund current operations or normal
maintenance.
15. The City will strive to maintain an unreserved General Fund Fund Balance
at a level not less than 7.5% of the annual General Fund revenue.
Capital Improvement Program 2009-2014
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Capital Improvement Program 2009-2014
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16. If new project appropriation needs are identified at an interim period during
the fiscal year, the funding sources will be identified and mid-year budget
amendments will be utilized to provide formal budgetary authority. In
addition budget amendments may be utilized to increase appropriations
for specific capital projects.
PREPARING THE CAPITAL BUDGET
The most important year of the schedule of projects is the first year. It is called the
Capital Budget and is adopted separately from the five-year program as part of the
annual budget review process.
Based on the CIP, each department's capital outlay portion will be formulated for that
particular year. Each year the CIP will be revised and another year will be added to
complete the cycle. Capital Improvement Programming thus becomes a continuing part
of the City's budget and management process.
The Capital Budget is distinct from the Operating Budget. The Capital Budget
authorizes capital expenditures, while the Operating Budget authorizes the expenditure
of funds for employee salaries, supplies and materials.
Through the City's amendment process, changes can be made to the adopted Capital
Budget during the fiscal year. A request for amendment is generated by an operating
department based on an urgent need for new capital project or for additional funding for
a previously approved project. The request is reviewed by the Finance Director and
City Manager and, if approved by the City Manager, a budget amendment is presented
to the City Commission.
LOCATING A SPECIFIC CAPITAL PROJECT
The Capital Improvement Program is divided into five (5) program areas as follows:
Beautification and Parks (BP)
Transportation, Drainage and Infrastructure Improvements (TDI)
Public Buildings and Facilities (PBF)
Information/Communication Technology (lCT)
Capital Equipment Purchase & Replacement (CE)
Each project in the Capital Improvement Program has a unique project number. This
project number appears at the beginning of the individual project descriptions and the
Summary by Year tables. The first digit refers to functional category priority number
assigned by the City Manager. The final digits outline the individual department
requesting the project. For example, project TDI-1-CS is Transportation, Drainage and
Infrastructure Improvements project number one which was requested by the
Community Services Department.
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City of Aventura
READING THE PROGRAM SCHEDULES
Detailed information about each capital project is presented in the section titled "Capital
Improvement Program Project Descriptions and Funding Schedules." The section is
arranged by program area and functional category and includes a description of each
project and the funding schedules. Project timetables for each functional category are
indicated in the Summary by Year tables.
The funding schedules are based on the funding needed to complete an individual
project. A project's funding may continue for several years depending on the
development timetable. Each program has a separate Funding Plan Table that outlines
the revenue sources proposed to fund project expenditures.
Capital Improvement Program 2009-2014
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Capital Improvement Program 2009-2014
City of Aventura
OVERVIEW
Page 6
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City of Aventura
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OVERVIEW OF RECOMMENDED PROJECTS
SUMMARY OF RECOMMENDED PROJECTS
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The proposed 2009 - 2014 CIP includes 24 projects in five (5) functional categories with
a total value of $12,235,893. The following represents the percentage of total funding
that each functional category has been allocated: Beautification & Parks Facilities (4%),
Transportation, Drainage and Infrastructure Improvements (43%), Capital Equipment
Purchase and Replacement (27%), Information/Communication Technology (23%) and
Public Buildings and Facilities Improvements (3%).
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SUMMARY OF MAJOR PROGRAMS
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The following table presents a summarized breakdown of the costs of the various
projects recommended for funding categorized by major function for each of the five (5)
years covered by the CIP.
Table 1
Program 2008/09 2009/10 2010/11 2011/12 2012/13 TOTAL
Beautification & Parks Facilities $ 7,800 $ 439,400 $ 59,800 $ 7,800 $ 32,800 $ 547,600
Transportation, Drainage & 1,839,788 800,000 695,000 950,000 950,000 5,234,788
Infrastructure
Public Buildings & Facilities 180,000 165,000 0 0 0 345,000
Inform atlon/Com m unlcatlon 788,000 552,300 466,000 541,500 475,400 2,823,200
Technology
Capital Equipment 936,460 734,610 595,871 499,400 518,964 3,285,305
Totals $ 3,752,e8 $. 2,691,310 $ 1,8Fr,671 $ 1,998,700 $ 1,977,164 $ 12,235,893
apltallmprovement rogram
2009/10 - 2013/14
Summary By Function
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Beautification &
arks Facilities
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Transportation,
Drainage &
Infrastructure
43%
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Public Buildings
3%
Capital Improvement Program 2009-2014
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Capital Improvement Program 2009-2014
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SUMMARY OF PROPOSED APPROPRIATIONS BY FUNDING SOURCE
The following table reflects the distribution of all proposed projects to the funding source
or mechanism, which is appropriate for funding the projects for each of the five (5) years
of the program.
Table 2
Capital Improvement Program
2009/10 - 2013/14
Summary By funding Source
Funding Source 2009/10 2010/11 2011/12 2012/13 2013/14 TOTAL
General $ 1,712,760 $ 1,785,310 $ 1,024,171 $ 950,200 $ 909,164 $ 6,381,605
Stormwater Utility 200,000 200,000 200,000 200,000 200,000 1,000,000
Parks Development 0 0 0
Charter School 199,500 106,000 97,500 98,500 118,000 619,500
Federal Funding 1,014,788 0 1,014,788
Tra nsportation Fund 625,000 600,000 495,000 750,000 750,000 3,220,000
$ 3,752,048 $ 2,691,310 $ 1,816,671 $ 1,998,700 $ 1,977,164 $ 12,235,893
The proposed funding plan involves a commitment to "pay as you go" annual
appropriations established in yearly budgets and does not include additional long term
debt.
Funding Source Summary
Stormwater Utility
8%
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8%
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SUMMARY OF PROJECTS BY LOCATION AND YEAR
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The following outlines the major projects by location and the year they are proposed to
be funded:
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Capital Improvement Program
2009/10 - 2013/14
Summary By Location
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Location
Founders Park Improvements
Yacht Club Way Bridge Improve.
Traffic Improvements
Hospital District
Williams Island Road
NE 34"' Avenue
NE 29"' Avenue
NE 187"' Street
NE 185"' StreetlNE 31th Avenue
NE 188th Street2011/12
Bus Shelter - CCD
Country Club Drive
Beautification Transportation
Improvements Improvements
Drainage Park
Improve Improve
2010-2011
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2009/10
2009/10
2009/10
2010/11
2010/11
2010/11
2011/12
2011/12
2009/10
2012-2013
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Capital Improvement Program 2009-2014
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City of Aventura
FUNDING PLAN
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FUNDING PLAN
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INTRODUCTION
In order for a CIP to be an effective management planning tool, the program must
include not only a compilation of major capital needs and their costs but also a financing
plan for the entire life of the program. This financing plan must include an analysis of
the available resources which will be used to fund not only the CIP itself but the required
operating expenses and debt service requirements of the City.
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In order to ensure that the financing plan is complete in every respect, the plan
formulation process must include:
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A projection of revenues and resources which will be available to fund
operating and capital expenditures during the life of the CIP.
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A projection of future years' operating expenditure levels which will be
required to provide ongoing services to City residents.
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3. Once the CIP projects have been evaluated, a determination is made of
the projects to be funded and the timing of the cash outflow for each
project. The information is then tabulated to determine the amounts
required to fund the CIP for each year.
4. From the information obtained in 1 through 3 above, the additional
resources required to fund the CIP will be determined and a decision will
be made on whether the program is to be financed by the issuance of
debt, on a pay-as-you-go basis or some combination of the two (2).
The financing plan prepared in such a manner will be as accurate as possible and
should be an informative document to all City residents. However, due to the
uncertainty involved in projecting operating cost increases, the community's desire for
service increases and the inflow of resources over a five-year period, the financing plan
presented should be viewed as a theoretical framework to be adjusted each year based
on the most recent information available at that time. This will be accomplished by
updating the financing plan each year, adopting operating and capital budgets, and
ordinances to implement fee structures which will be required to fund the program each
year.
DEBT VS PAY-AS-YOU-GO FINANCING
Debt financing through the issuance of long term bonds is most appropriate when:
1. There are a small number of relatively large dollar value projects.
2. The large projects cannot be broken into segments and the costs
distributed over a larger time frame without impairing the usefulness of the
project.
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Capital Improvement Program 2009-2014
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City of Aventura
3. The projects are non-recurring.
4. Assets acquired have a relatively long useful life which equals or exceeds
the life of the debt.
Through long-term bond financing, the costs of a project having a long useful life can be
shared by future residents who will benefit from the projects.
In contrast, pay-as-you-go financing is most appropriate for a CIP which includes:
1. A large number of projects having a relatively small dollar value.
2. Projects which can be broken into phases with a portion completed each
year without impairing the overall effectiveness of the project.
3. Projects which are of a recurring nature.
4. Projects where the assets acquired will have relatively short useful lives.
The primary advantage of pay-as-you-go financing is that the interest costs and costs of
bringing a bond issue to market can be avoided. However, if inappropriately used, this
financing plan may cause tax rates and fee structures to increase suddenly and may
result in current residents paying a greater portion of projects which benefit future
residents.
In summary, the choice of the appropriate financing plan will be contingent upon an
analysis of the projects to be included in a CIP.
REQUIRED SEPARATION OF FUNDING SOURCES
In order to comply with accepted governmental accounting practices and to ensure
compliance with City Codes and any related Bond Indentures, the analysis and
financing plan contained herein will be presented within their respective funds. Projects
funded on a pay-as-you-go basis will directly relate to the Capital Fund Budget from
where the source of funding is derived. Each of these Budgets will appear in the Annual
Operating and Capital Improvement Budget, which is adopted each year. Those funds
are currently represented as follows:
1. General Fund
2. Transportation and Street Maintenance Fund
3. Charter School Fund
4. Park Development Fund
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City of Aventura
5.
Stormwater Utility Fund
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In accordance with accounting, legal and internal revenue requirements, all projects to
be completed with the proceeds received from the sale of Bonds or loans will be
accounted for in a Capital Construction Fund or Stormwater Utility Fund. In addition,
capital outlay for the Charter School is included in a separate Budget adopted by the
City Commission.
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SUMMARY OF FINANCING PLAN MODEL
Detailed funding plans for individual funds of the City are enclosed herein in the
following sections. The following represents an overview of the major points of the
recommended funding plan:
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1. Utilize "pay - as - you - go" financing through annual appropriations to fund the total
five year amount of $12,235,893. No additional debt is recommended.
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2. Adjusts property tax revenues based on projected lower property assessments
caused by the economic downturn.
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Capital Improvement Program 2009-2014
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PROPOSED FINANCING PLAN
GENERAL FUND
After evaluating the nature of the various projects that are included in the City's General
CIP, it was decided that pay-as-you-go would be most appropriate for funding the
program.
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FINANCING PLAN TABLES
Based on this decision, the analysis which follows is aimed at developing a financing
plan which will allow the City to fund General Government Services operating
expenditures and all projects recommended for funding in the General CIP for each
year of the program.
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Table 1 presents a five-year projection of resources which will be available for General
Government Services. Unless shown by an asterisk (*), the amount projected for each
revenue is based on the tax rate or fee structure in effect during the 2008/09 fiscal year.
Revenue descriptions followed by an asterisk (*) were computed based on a projected
increase in the rate structure as discussed in the assumption of projections.
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Table 2 presents a five-year projection of required operating expenses for General
Government Services which utilize the cost data as outlined in the assumption of
projections.
Table 3 is a recap of resources available to fund the General CIP based on projected
revenues and expenditures and the proposed Capital Improvement Program
appropriations for the five (5) years of the program. Please note that this analysis
assumes that all available resources not needed to fund current operating expenditures
will be transferred to the CIP Fund and that any balance in the CIP Fund will remain in
the CIP. Through this process, the City will be able to accumulate a reserve which
would be used to fund unexpected capital outlays or to fund future years' programs.
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TABLE 1
PROJECTION OF RESOURCES AVAILABLE FOR GENERAL GOVERNMENT SERVICES
200812009 2009/10 2010/11 2011/12 2012/13 2013/14
CURRENT YEAR REVENUES AVAILABLE FOR
GENERAL GOVERMENTSERVlCES
AD VALOREM TAXES $15,504,349 12,795,320 $12,987,250 $13,246,995 $13,710,640 $14,190,512 (a)
FPL FRANCHISE FEES 3,306,706 3,300,000 3,366,000 3,433,320 3,501,986 3,572,026 (b)
FRANCHISE FEES 485,000 490,000 504,700 519,841 535,436 551,499 (c)
UTILITY TAXES 6,301,000 6,585,000 6,782,550 6,986,027 7,195,607 7,411,476 (d)
CITY BUSINESS LICENSES TAX 715,000 675,000 681,750 688,568 695,453 702,408 (e)
BUILDING RELATED REVENUE 885,000 730,000 685,000 685,000 685,000 685,000 (f)
STATE SHARED REVENUES-UNRESTRICTED 409,000 380,000 393,300 407,066 421,313 436,059 (9)
FEDERAL FUNDING 1,100,788 86,000 86,000 (h)
HALF CENT SALES TAX 1,854,000 1,758,000 1,819,530 1,883,214 1,949,126 2,017,345 (i)
CHARGES FOR SERVICES 1,081,000 1,561,200 1,665,842 1,774,146 1,836,242 1,900,510 0)
FINES AND FORFEITURES 339,000 797,000 820,910 845,537 870,903 897,031 (k)
MISC. REVENUES 75,000 30,000 50,000 70,000 70,000 70,000
INTEREST ON INVESTMENTS 800,000 250,000 350,000 450,000 465,750 482,051
COUNTY BUSINESS TAX 45,000 42,000 42,000 42,000 42,000 42,000
TOTAL CURRENT YEAR REVENUES $31,800,055 $30,494,308 $30,234,832 $31,117,713 $31,979,457 $32,957,917
TRANSFERS FROM E911 FUND 94,000 100,000 103,500 107,123 110,872 114,752
TRANSFERS FROM SCHOOL FUND 30,000 0 30,000 30,000 30,000 30,000
TOTAL AVAILABLE $ 31,924,055 $ 30,594.308 $ 30,368,332 $ 31,254,835 $ 32,120,328 $ 33,102,669
NOTES TO ASSUMPTION OF PROJECTIONS
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(a)
After a reduction of $2,684,029 or 17.3% in 2009/10, due to lower assessed values
caused by the economic recession, Ad Valorem Tax revenues are estimated to grow at
the rate of 1.5% to 3.5% in future years.
(b)
FPL Franchise Fees from Dade County will decrease in 2009/10 and then grow at the
rate of 2% per year.
(c) Franchise fees will grow at the rate 1 % in 2009/10 and then 3% per year.
(d)
(e)
Utility taxes will grow at the rate of 3% per year.
Business License Tax will decrease by $40,000 in 2009/10 and then grow at the rate of
1.0% per year.
(f)
Building related revenues will decrease beginning in 2009/10 and level off at $685,000
per year.
(g)
State shared revenues will decrease by 7% for 2009/10 and then grow at the rate of 3.5%
per year.
(h)
Anticipated funding from American Recovery Reinvestment Act for transit and transportation
improvements as well as funding for police.
(i)
Half-cent sales tax will decrease by 5% for 2009/10 and then grow at the rate 3.5% per
year.
0)
Charges for services will grow at the rate of 3,5% per year after adjustment in 2009/10
and 2010/11 for Cultural Arts Center revenue and expansion of Mall reimbursemnet.
(k) Fines & forfeitures will grow at the rate of 3% per year after adjustment in 2009/10.
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Capital Improvement Program 2009-2014
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TABLE 2
PROJECTION OF OPERATING EXPENDITURES FOR GENERAL GOVERNMENT SERVICES
DEPARTMENT 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
City Commission $116,443 $ 119,000 $ 122,570 $ 126,247 $ 130,035 $ 133,936
Office of the City Manager 888,267 914,000 977,980 1,046,439 1,119,689 1,198,068
Legal 280,000 280,000 280,000 280,000 280,000 280,000
City Clerk 266,946 282,000 311,740 333,562 366,911 402,595
Finance 808,647 842,000 892,520 946,071 1,002,835 1,063,006
Information Technology 771,282 879,000 949,320 1,025,266 1,107,287 1,195,870
Public Safety 13,395,623 14,040,000 15,022,800 16,074,396 17,199,604 18,403,576
Arts & Cultural Center 97,361 600,000 700,000 756,000 816,480 881,798
Community Development 1,445,741 1,483,000 1,471,980 1,560,299 1,653,917 1,753,152
Community Services 4,230,982 4,306,000 4,607,420 4,929,939 5,275,035 5,644,288
Non - Departmental 1,745,000 1,614,000 1,678,560 1,745,702 1,815,530 1,888,152
TOTAL PROJECTED OPERATING EXPENDITURES
GENERAL GOVERNMENTAL SERVICES $ 24,046,292 $ 25,359,000 $ 27,014,890 $ 28,823,921 $ 30,767,323 $ 32,844,439
General Fund Transfer to 1999 Debt Service 1,365,000 1,365,000 1,365,000 1,365,000 1,365,000 1,365,000
General Fund Transfer to 2000 Debt Service 491,000 491,000 491,000 491,000 491,000 491,000
General Fund Transfer to 2002 Debt Service 402,000 402,000 402,000 402,000 402,000 402,000
TOTAL PROJECTED DEBT SERVICE REQUIREMENTS 2,258,000 2,258,000 2,258,000 2,258,000 2,258,000 2,258,000
TOTAL PROJECTED EXPENDITURES $ 26,304,292 $ 27,617,000 $ 29,272,890 $ 31,081,921 $ 33,025,323 $ 35,102,439
NOTES TO ASSUMPTION OF PROJECTIONS
Operating expenditures will increase between 6% to 7% during the five
year period.
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TABLE 3
RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS
GENERAL FUND CAPITAL IMPROVEMENT PROGRAM
2009/10 2010/11 2011/12 2012/13 2013/14
TOTAL PROJECTED AVAILABLE RESOURCES $30,594,308 $30,368,332 $31,254,835 $32,120,328 $33,102,669
PROJECTED OPERATING EXPENDITURES 25,359,000 27,014,890 28,823,921 30,767,323 32,844,439
DEBT SERVICE REQUIREMENTS 2,258,000 2,258,000 2,258,000 2,258,000 2,258,000
SUBTOTAL - EXPENDITURES 27,617,000 29,272,890 31,081,921 33,025,323 35,102,439
BALANCE 2,977,308 1,095,442 172,914 (904,995) (1,999,770)
BEGINNING CIP RESERVE 25,000,000 25,249,760 24,559,892 23,708,635 21,853,440
Less CIP APPROPRIATIONS 2,727,548 1,785,310 1,024,171 950,200 909,164
BALANCE IN CIP RESERVE - END OF YEAR 25,249,760 24,559,892 23,708,635 21,853,440 18,944,506
$40,000,000
$35,000,000 .. ..
- .. -
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$30,000,000 - -- ~ ..,......,.
-
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.. ..
$25,000,000
$20,000,000 ~
-.....
$15,000,000
- Revenues
$10,000,000 .. .. Expenditures ~
- CIP
$5,000,000 Fund Balance -
- .. --
- -- . -- .. -
$0 ,
2009/10 2010/11 2011/12 2012/13 2013/14
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Capital Improvement Program 2009-2014
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PROPOSED FINANCING PLAN
TRANSPORTATION FUND
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This fund was established to account for restricted revenues and expenditures which by
State Statute and County Transit System Surtax Ordinance are designated for
transportation enhancements, street maintenance and construction costs. This table
reflects the anticipated revenues available and the proposed appropriations.
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TABLE 4
TRANSPORTATION AND STREET MAINTENANCE FUND
RECAP OF AVAILABLE RESOURCES AND PROPOSED APPROPRIATIONS
SUMMARY BY YEAR
2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014
REVENUES
LOCAL OPTION GAS TAX 495,000 450,000 465,750 482,051 498,923 516,385
INTEREST EARNINGS 10,000 1,000 2,000 2,000 3,000 3,000
SALE OF PROPERTY 350,000
STATE SHARED REVENUES-RESTRICTED 180,000 150,000 155,250 160,684 166,308 172,128
CARRYOVER - 215,000 40,000 264,890 262,072 23,173
COUNTY TRANSIT SYSTEM SURTAX 961,000 950,000 978,500 1,007,855 1,038,091 1,069,233
TOTAL REVENUES 1,646,000 1,766,000 1,991,500 1,917,480 1,968,393 1,783,920
EXPENDITURES
Maintenance Operating Expenditures 710,000 730,000 751,900 774,457 797,691 821,621
Transit Services 391,000 371,000 374,710 385,951 397,530 409,456
TOTAL EXPENDITURES 1,101,000 1,101,000 1,126,610 1,160,408 1,195,221 1,231,077
Total For Capital 545,000 665,000 864,890 757,072 773,173 552,843
CAPITAL EXPENDITURES
Project Title 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014
Transportation System and Traffic Improveme - 0 0 0 0 0
Road Resurfacing Program 485,000 625,000 600,000 495,000 750,000 750,000
TOTAL CAPITAL EXPENDITURES $ 485,000 $ 625,000 $ 600,000 $ 495,000 $ 750,000 $ 750,000
Balance $ 60,000 $ 40,000 $ 264,890 $ 262,072 $ 23,173 $ (197,157)
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PROPOSED FINANCING PLAN
STORMWA TER UTILITY FUND
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The City is responsible for stormwater management activities within its corporate
boundaries.
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In order to address deficiencies and develop an ongoing maintenance program, a
Stormwater Utility Fund was created. The Fund generates revenues for stormwater
management costs, permitting, maintenance and capital improvements from a source
other than the General Fund, gas taxes or ad valorem taxes. The Utility relies on user
fees charged to residents and businesses for generating revenues.
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The City has recognized the need and importance of taking a proactive approach
toward stormwater management. The stormwater drainage improvements contained in
the five-year Capital Improvement Program were based on a complete survey of all
areas of the City conducted by the Community Services Department together with the
City's consulting engineers.
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The Fund will be responsible for ongoing operation and maintenance costs, as well as
capital improvements.
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Table 7 reflects the anticipated revenues available and the proposed appropriations for
the Stormwater Utility Fund for the five-year period.
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A total of $1 ,000,000 worth of stormwater drainage projects will be completed during the
five-year period. The monthly rate charged to users per unit was $2.50 for 2008/09. It
is not recommended that the fee be increased during the next five (5) years.
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DADE COUNTY MUNICIPAL STORMWATER UTILITY RATES
Coral Gables $3.50 Golden Beach $12.00
Hialeah $2.50 Homestead $ 1.25
Key Biscayne $5.00 Medley $ 2.50
Miami $3.50 Miami Beach $ 2.50
Miami Shores $2.50 North Miami $ 2.50
North Miami Beach $2.50 South Miami $ 2.50
Sweetwater $2.50
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TABLE 7
RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS
STORMWATER UTILITY FUND
1
2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
Customer Data:
Projected No. of Billable ERUs (1) 29,217 29,217 29,217 29,217 29,217 29,509
Monthly Rate Per ERU $2.50 $2.50 $2.50 $2.50 $2.50 $2.50
Reloenues:
Gross Stormwater Utility Billings (2) $876,510 $876,510 $876,510 $876,510 $876,510 $885,275
Less: Uncollectibles (3) -35,060 -35,060 -35,060 -35,060 -35,060 -35,411
Carry Oloer of Surplus 0 78,250 289,971 484,504 661,159 819,224
$ 841,450 $ 919,699 $ 1,131,421 $ 1,325,953 $ 1,502,609 $ 1,669,088
Operating Expenses: (4) 413,200 429,728 446,917 464,794 483,386 502,721
A \\3i1able for CIP & Debt Set'.1ce $ 428,250 $ 489,971 $ 684,504 $ 861,159 $ 1,019,224 $ 1,166,367
Annual CIP Expenditures: 350,000 200,000 200,000 200,000 200,000 200,000
Annual Surplus/(Deficit): $ 78,250 $ 289,971 $ 484,504 $ 661,159 $ 819,224 $ 966,367
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(1) Projected to remain flat.
(2) Equals Projected No. of Billable ERUs multiplied by the Monthly Rate Per ERU, with the result annualized.
(3) Equals 4% of Gross Stormwater Utility Billings in Year Shown.
(4) Includes Operation and Maintenance, Engineering,Administration, Rel.iew of Existing Account Data Costs.
Projected to continue to grow at an annual rate of 4%.
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Capital Improvement Program 2009-2014
City of Aventura
PROJECT
DESCRIPTIONS
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BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS
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This section includes beautification projects and improvements to the City's park system
and recreational facilities. There are Two (2) projects in the CIP, which total $547,600.
Special emphasis was given to upgrading existing park facilities.
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Policies
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The City's investment in improvements to the City park system is based on the following
policies:
Goal:
Provide adequate and accessible parks and facilities to meet the
recreational needs of all current and future residents.
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. Provide a variety of quality recreation facilities that will meet the needs of all
age groups within the City and enhance the overall environmental
characteristics of the area.
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. Maximize the utilization of all public facilities through the provision of variety in
the type of facility offered.
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. Provide exercise/walking paths to enhance the physical well being of
residents.
. Provide recreational facilities on the basis of 2.75 acres per 1,000 population.
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. Encourage the integration of recreational facilities into the development of
residential, commercial, industrial, and open space land uses.
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Goal: Update the five-year CIP on an annual basis.
. Provide parks whereby residents have access to neighborhood parks within a
2 mile radius and community parks which serve the entire City.
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Goal:
Increase Safety Standards
. Provide for adequate security measure including limited access facilities.
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. Replace dangerous equipment and eliminate visual barriers to reduce
criminal opportunities.
. Employ vandal-resistant equipment and facilities.
. Maintain a Parks Usage Plan to protect the City's investment in the park
system and insure the residents' safety.
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Goal: Protect and preserve environmentally sensitive land and water areas.
· Preserve and enhance open space with environmental impact.
Existina Facilities
There is 30.5 acres of open space and public park land in the City.
Aventura Founders Park was opened in November 1998. This 11 acre site located on
West Country Club Drive and NE 190 Street includes both active and passive
recreational opportunities. The park encompasses the following components: Jogging
Path, tennis courts, gated entries, One ball field w/ dugouts and backstops, Restroom
Buildings, Decorative Fencing, Playground, picnic area, passive play areas, baywalk,
landscaping, two parking lots, multi-purpose plaza areas, signage, benches, and
security lighting.
Don Soffer ExerciselWalking Path contains 5.5 acres that is classified as open space
recreation area. This facility is used by residents for both recreational and exercise
purposes.
Waterways Dog Park was acquired by the City in 1998 from a private developer. This
1.5 acre site was previously constructed by a private developer. The City converted this
site to a dog park in 2008.
Waterways Park was purchased in 2006. The 7 acre site that include a multipurpose
sports field, playground, basketball court, fitness trail, parking and restroom facilities
was opened in 2008.
Arthur I Snyder Memorial Park was purchased in 1998. This 3.5 acre site was one of
the last remaining waterfront undeveloped parcels in the City. This site contains the
Community/Recreation Center. Open passive and sitting areas are available at this
location.
Veterans Park was acquired by the City from a private developer in 2001. This 2 acre
site is located on NE 3151 Avenue. Facilities and amenities include: parking lot; 1.5 acre
open playfield area; playground facilities; landscaping with shade trees and a .5 acre
pet exercise area. This park was modified in 2008 by removing the dog play area and
expanding the children's play area and adding a restroom facility.
Prior Accomplishments
The following projects have been completed or are scheduled for completion as of the
2009/10 fiscal year:
Proiect Title Year
Conceptual Design of Aventura Founders Park 1996/97
Design of Country Club Drive Exercise Safety Improvements 1996/97
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Purchase of 5.5 acres for Aventura Founders Park
Bus Shelter & Bench Replacements
Aventura Blvd Beautification Improvements
Northern Entrance Beautification Improvements
Aventura Founders Park Development
Country Club Drive Exercise/Walking Path Improvements
NE 183rd Street Beautification Improvements
NE 34th Avenue Beautification Improvements
Library Landscaping Project
Huber Tract Open Space Land Purchase
NE 20ih Street Beautification Improvements
Country Club Dr. Exercise Path Safety Improvements
NE 190th Street Beautification Improvements
Biscayne Boulevard Phase I Beautification Improvements
FEC Landscape Buffer
NE 191 st Street Beautification Improvements
Waterways Park Improvements
Founders Park Improvements
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Biscayne Boulevard Phase II Beautification Improvements
NE 185th Street & NE 28th Ave Beautification Improvements
NE 213th Street Beautification Improvements
Aventura Blvd. Entrance Features
Community/Recreation Center Conceptual Design
Community Recreation Center Development
Expanded Waterways Park Purchase
Biscayne Boulevard Phase II Beautification Improvements
Country Club Drive Beautification Improvements
Newspaper Racks
NE 188th Street Beautification Improvements
Yacht Club Way Beautification Improvements
William Lehman Causeway Beautification Improvements
Veterans Park Development
Waterways Park Design
Founders Park Parking Lot Expansion
NE 20ih Street Swale Beautification Improvements
Waterways Park Development
Splashpad Addition to Founders Park
Miami Gardens Drive Beautification Improvements
Waterways Dog Park Development
Veterans Park Modifications
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1996/97
1996/97, 1997/98, 1998/99
1999/00, 2000/01 , 2001/02
2005/06
1997/98
1997/98
1997/98
1997/98
1997/98
1997/98
1997/98
1998/99
1998/99
1998/99, 2004/05
1998/99
1998/99
1998/99
1998/99
1999/00
1999/00,2001/02,2002/03
2003/04,2005/06
1999/00
1999/00
2001/02
2001/02
2000/01
2001/02
2003/04
2001/02
2002/03
2002/03,2003/04
2002/03
2003/04
2003/04, 2004/05
2003/04
2005/06
2005/06
2005/06
2006/07,2007/08
2006/07
2006/07
2007/08
2007/08
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Park Facilities/Open Space Recreation
The City's estimated current population is 31,000. The City's Comprehensive Plan
recommended standard is 2.75 acres of park and recreation land for every 1,000
potential residents. The amount of park and recreation land required by the park
standards for this population is 82.50 acres. In calculating the number of recreation
acres the City has available for use by residents, public private, golf courses and
marinas are accounted for at a different degree depending on accessibility to citizens of
the City. Assuming that public facilities can be accounted for at 100%, private
recreation facilities at 50%, and marinas and the golf course at 25%, the City existing
and proposed recreation areas total 115. Therefore, no deficiency exists under the
City's standards. Table PFOS1 contains an inventory of existing and proposed
recreation and open space areas. The City owns 30.5 park/open space acres.
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Table PFOS 1
CITY OF AVENTURA
Recreation/Open Space Inventory
TYPE FACILITY
Public Recreation Areas
C Don Soffer ExerciselWalking path
C Arthur I Snyder Memorial Park
N Veterans Park
N Waterways Park
N Waterways Dog Park
N Aventura Founders Park
ACRES
APPLICABLE ACRES
5.5
3.5
2.0
7.0
1.5
11.0
Public Recreation Subtotal
30.5
5.5
3.5
2.0
7.0
1.5
11.0
30.5
Private Recreation Areas
Private Recreation Sites
Marina Complexes
Golf Courses
Private Recreation Subtotal
63.61 31.81
9.40 2.35
203.17 50.79
276.18 84.95
306.68 115.45
Total Recreation Areas
C = Community Park
N = Neighborhood Park
Citywide Beautification Proaram
In December of 1996, the City Commission approved the landscape design concepts to
be utilized with the implementation of a Citywide Beautification Program. This major
undertaking, addresses median and right of way landscaping throughout the public
areas within the City, and was adopted as one of the City's budget priorities and goals.
The landscape design includes the planting of an assortment of palm trees, including
date palms at the City's entrances and coconut and royal palms on various medians
throughout the City, as well as shade trees such as live oaks.
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With this Beautification Program, the City Commission has fulfilled its long-term goal of
creating the signature of the City and establishing its reputation as "the most beautiful
City in South Florida." The actual construction of these projects will be ongoing until all
of the improvements to the various areas within the City are complete.
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In 2006, the City funded a Landscape Restoration Program in the amount of $1,500,000
to respond to damage from hurricanes experienced in 2005.
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The following areas have been completed as of the 2008/09 fiscal year:
Aventura Boulevard, Northern City Entrance, NE 20yth Street, NE 183rd Street, NE 185th
Street & 28th Avenue, NE 190th Street, NE 191st Street, NE 29th Avenue, NE 18yth
Street, NE 188th Street, NE 213th Street, Biscayne Boulevard and FEC Landscape
Buffer, Aventura Boulevard Entrance Features, Country Club Drive, Yacht Club Way,
William Lehman Causeway, NE 20yth Street Swale, 2006 Citywide Hurricane
Landscape Restoration Program; Miami Gardens Drive and the Biscayne Boulevard
Median (NE 209-212 St).
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FundinQ Plan
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Funding for the proposed beautification and park facilities will be provided by the
proceeds from the following revenue sources:
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Total Category Budget
$547,600
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Fundinq:
General Fund
$547,600
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TABLE 1
PROPOSED BEAUTIFICATION AND PARK FACILmES IMPROVEMENTS
PROJECTS SCHEDULED FOR 2009/10 - 20013/14
SUMMARY BY YEAR
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CIP # Project Tille Dept # 2009/10 2010/11 2011112 <11_ 2012113 2013/14 Total
1
BP2
Citywide Beautification Improwments
CS
7,800
7,800 7,800
7,800
7,800
39,000
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BP1
Founders Pari< Improwments
CS
431,600 $ 52,000
$
25,000
508,600
Totals
$
7,800 $ 439,400 $ 59,800 $
7,800 $
32,800 $ 547,600
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TABLE 2
PROPOSED BEAUTIFICATION AND PARK FACILmES IMPROVEMENTS
PROJECTS SCHEDULED FOR 2009110 - 20013/14
FUNDING PLAN
1
0"",>:bS'Mli:M""1"J~"''8'f/,;'" tj"'",0",10"1dlil"""~, V1}>"k ""'1 Wt ilf,',f" Impact_General
ci:;';~ p'rolec;' Till; d d , CePt #" , ,~;','I,,; Total Fees 111 Fund
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BP1
Founders Pari< Improwments
CS
508,600
508,600
BP3
Citywide Beautification Improwments
CS
39,000
39,000
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Totals
547,600 $
$ 547,600
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City of Aventura
PROPOSED PROJECTS
1-CS
Founders Park Improvements
2010/11 $431,600 2011/12 $52,000 2013/14 $25,000
This project consists of maintenance projects, replacing and updating playground
equipment.
2013/14
Replace Splash Pad Water Features
$145,600
26,000
260,000
20,800
31,200
25,000
2010/11
Replace Playground Equipment
Playground Covers
Pour in Place Surfacing
2011/12
Replace Exercise Equipment
Pour in Place Surfacing
2-CS
Citywide Beautification Improvements
2009/10 $7,800 2010/11 $7,800 2011/12 $7,800
2012/13 $7,800 2013/14 $7,800
This project consists of implementing the landscaping and beautification concepts
approved by the City Commission.
2013/14
Purchase Trash Cans
7,800
7,800
7,800
7,800
7,800
2009/10
Purchase Trash Cans
2010/11
Purchase Trash Cans
2011/12
Purchase Trash Cans
2012/13
Purchase Trash Cans
Capital Improvement Program 2009-2014
Page 28
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TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE
IMPROVEMENTS
This section includes improvements to the City's transportation system, roadways,
drainage system, sidewalks, pedestrian pathways, street lighting, transit and other
infrastructure improvements. There are three (3) improvement projects in the Capital
Improvement Program, which total $5,234,788. Special emphasis was given to
correcting drainage deficiencies and road resurfacing and addressing maintenance
considerations. The projects outlined in this section have been developed based on a
survey of all areas of the City, with respect to the improvement items, by the Community
Services Department; City's consulting engineer and staff. The projects were prioritized
according to the urgency of the improvements needed and age of the areas to be
improved.
Policies
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The City's investment in improvements to its transportation system, roads, sidewalks,
street lighting and drainage system is based on the following policies:
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Goal: Utilize the Stormwater Utility Fund to provide revenue sources to fund
drainage improvements contained in the CIP.
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. Coordinate area-wide storm water developments with major street improvements.
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. Provide adequate storm drainage as defined by present standards for different types
of areas of the City.
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. Upgrade areas of the City to conform to present drainage standards to eliminate
flood prone areas.
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Goal: Improve local roads to meet road safety requirements and serve the
transportation needs of the City.
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. Systematically provide local street improvements throughout the City based upon
the existing condition and age of the street and the cost of maintenance of the street.
. Provide an adequate road transportation network that meets or exceeds the capacity
rating outlined in the Comprehensive Plan.
. Implement improvements to meet safety standards.
. Improve safety by installing street lighting on all appropriate public roadways.
. Provide walkways and sidewalks to improve the safety of residents traveling
throughout the City.
Capital Improvement Program 2009-2014
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· Accept the dedication of private roads throughout the City in accordance with the
Policy governing the conversion of private roads to public roads as outlined in
Resolution No. 97-05.
Goal: Address traffic flow along the major roadways and intersections by
implementing projects that create improvements to the system.
· Implement the recommendations of the City's Traffic Advisory board and its Traffic
consultant.
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Existinq Facilities
The following is a list of current public roads under the jurisdiction of the City:
NE 185th Street NE 2yth Court
NE 28th Place NE 28th Avenue
NE 29th Avenue NE 29th Court
NE 29th Place NE 30th Avenue
NE 34th Avenue NE 18yth Street
NE 188th Street NE 190th Street
N E 191 st Street N E 192nd Street
NE 193rd Street Aventura Boulevard
West Country Club Drive North Country Club Drive
East Country Club Drive NE 201 Terrace
NE 203rd Street NE 205th Street
NE 206th Street NE 20yth Street
NE 208th Street NE 208th Terrace
NE 209th Street NE 211th Street
NE 213th Street NE 214th Terrace
NE 214th Street NE 183rd Street
Yacht Club Drive Turnberry Way
NE 2yth Court
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Prior Accomplishments
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Since the inception of the CIP, the following projects have been completed or are
scheduled for completion as of the 2008/09 fiscal year:
Proiect Title
Country Club Drive Drainage Improvements
Sidewalk Installation - Southside of Lehman Causeway
Pedestrian Safety Study
Aventura Boulevard Street Lighting Improvements
NE 183rd Street & Drainage Improvements
NE183rd Street Lighting Improvements
NE 20yth Street Lighting Improvements
North Aventura Stormwater Collector (213th Street)
Pedestrian Transportation Circulation Safety Improvements
Year
1996/97
1996/97
1996/97
1997/98
1997/98
1997/98
1997/98
1997/98
1997/98
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City of Aventura
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NE 190th Street Lighting Improvements
South Aventura Stormwater Collector
Sidewalk Improvements & Replacements
NE 34th avenue Street Li~hting Improvements
NE 185th Street & NE 28t Avenue Improvements
Safety Improvements - Country Club Drive
NE 30th Avenue Drainage Improvements
NE 213th Street Lighting Improvements
NE 34th Avenue Safety/Road Improvements
Biscayne Lake Gardens Area Drainage Improvements
NE 188th Street, Lighting & Drainage Improvements
Country Club Drive Improvements
NE 190 Street Drainage Improvements
Yacht Club way Drainage and Lighting Improvements
NE 31st Avenue Decorative Street Lighting
Extension of Lehman Causeway Westbound Service Road
Illuminated Street Signs
Hospital District NE 213 Street Drainage Connector
Hospital District North Collector
NE 207th Street Resurfacing
Traffic Video Monitoring Program
Directional Signs
Yacht Club Drive Seawall Improvements
Miami Gardens Drive
Aventura Boulevard Resurfacing
NE 213th Street Outfall Drainage Improvement
Miami Gardens Drive Extension and Street Lighting
Ne 29th Avenue Street Lighting Improvements
Yacht Club Drive Resurfacing
Countdown Pedestrian Walkway Signals
Traffic Video Monitoring Program - Phase I
Traffic Video Monitoring Program - Phase II
Ne 29th Pace and Yacht Club Way Resurfacing
NE 190th Street Drainage Improvements
NE 209th StreetlBiscayne Boulevard Traffic Improvements
NE 18yth Street Traffic Improvements
NE 180th & NE 182nd Street/Biscay Boulevard Signage
NE 199th StreetlWest Country Club Drive Turning Lane
NE 190th Street Resurfacing
NE 191 st StreetlBiscayne Boulevard Traffic Improvements
NE 191 st /29th Avenue Drainage Improvements
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1998/99
1998/99
1998/99,1999/00,2000/01
1999/00
1999/00
1999/00
2000/01
2000/01
2000/01
2001/02
2002/03
2002/03
2002/03
2003/04
2003/04
2003/04
2003/04
2003/04
2004/05
2004/05
2004/05,2005/06
2004/05
2005/06
2005/06
2005/06
2006/07
2006/07
2006/07
2006/07
2006/07
2006/07
2007/08
2007/08
2007/08
2007/08
2007/08
2007/08
2008/09
2008/09
2008/09
2008/09
...
Road. Drainaae and Infrastructure Improvements
The majority of the projects outlined herein can be also be classified as drainage
improvements and road resurfacing in accordance with established maintenance
.....
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Capital Improvement Program 2009-2014
Page 31
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City of Aventura
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schedules. In addition, traffic improvement projects recommended by the Traffic
Advisory board are included for funding.
,..,
Fundina Plan
,..,
Funding for the proposed roadway, drainage and infrastructure improvement projects
will be provided by the following sources:
,..,
Total Category Budget
$5,234,788
Fundina:
Transportation Fund
Federal Funding
Stormwater Utility Fund
$3,220,000
1,014,788
1,000,000
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Tables 1 and 2 showing these improvement projects and funding schedules are
followed by detailed project descriptions.
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Page 32
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TABLE 1
PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTIJRE IMPROVEMENTS
PROJECTS SCHEDULED FOR 2009/1()' 2013/14
SUMMARY BY YEAR
,....,
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IDI1 Stormwater Drainage Impro..ement CS $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 1,000,000
Transportation System & Traffic
TDI2 Impro..ements CS 1,014,788 1,014,788
TDI3 Road Resurfacing Program CS 625,000 600,000 495,000 750,000 750,000 3,220,000
Totals $ 1,839,788 $ 800,000 $ 695,000 $ 950,000 $ 950,000 $ 5,234,788
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TABLE 2
PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTIJRE IMPROVEMENTS
PROJECTS SCHEDULED FOR 2009/1()' 2013/14
FUNDING PLAN
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TDI1 Stormwater Drainage Impro..ement CS $ 1,000,000 $ 1,000,000
Transportation System & Traffic
TDI3 Impro..ements CS 1,014,788 1,014,788
TDI4 Road Resurfacing Program CS 3,220,000 $ 3,220,000
Totals $ 5,234,788 $ 1,000,000 $ $ 3,220,000 $ 1,014,788
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Page 33
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Stormwater Drainage Improvements
2009/10 $200,000 2010/11 $200,000
2012/13 $200,000 2013/14 $200,000
PROPOSED PROJECTS
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2011/12 $200,000
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Projects included provide for ongoing annual minor drainage improvements and include
the cost of resurfacing the affected roadways.
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2009/10 Drainage Improvements
20010/11 Drainage Improvements
20011/12 Drainage Improvements
2012/13 Drainage Improvements
2013/14 Drainage Improvements
200,000
200,000
200,000
200,000
200,000
...
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2-CS
Road Resurfacing Program
2009/10 $625,000 2010/11 $600,000 2011/12 $495,000
2012/13 $750,000 2013/14 $750,000
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Capital Improvement Program 2009-2014
Page 34
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This project consists of resurfacing roadways as determined by the City's maintenance
standards and the Community Services Department.
2009/10
Hospital District $275,000
Williams Island Road (includes Intersection Improvements)
350,000
2010/11
NE 29th Avenue
NE 34th Avenue
NE 18yth Street
185,000
240,000
175,000
2011/12
NE 185th/NE 31th Avenue
NE 188th Street
165,000
330,000
750,000
750,000
2012/13
Country Club Drive (Northbound)
2013/14
Country Club Drive (Southbound)
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---.-------------.-.-------------------------.-.-------.-.-.-----------.-------------.---------.-.-.-.-------------.-.-.-.-
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3-CS
Transportation System and Traffic Improvements
2009/10 $1,014,788
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This project includes improvements to the City's transportation, transit and traffic
system.
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2009/10
Yacht Club Way Bridge Improvements
$250,000
Don Soffer Exercise Trail Improvements 452,788
2 Bus Shelter Installations Country Club Drive 159,400
137,000
12 Bus Bench Replacements 15,600
-----------------------.---------.---------------------.---------.-.-.---.-------.-.-----------.---.-.-------------.-.-.-.-
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Page 35
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City of Aventura
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PUBLIC BUILDINGS AND FACILITIES IMPROVEMENTS
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Capital projects in this functional category include providing new facilities to serve City
residents or improvements to existing facilities in the City. The CIP includes 2 projects
totaling $345,000.
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Policies
The City's investment in improvements to public buildings and operational facilities is
based on the following policies:
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. Provide easily accessible services to City residents and adequate parking for City
facilities.
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. Repair and maintain all buildings and facilities in proper order to increase life of said
facilities.
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Existina Facilities
Map 1 shows the location of the City's Government Center, and the Dade County Fire
Rescue Station and Library Branch.
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Prior Accomplishments
The following projects have been completed or are scheduled for completion as of the
2008/09 fiscal year:
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Proiect Title
Government Center/Police Station Needs Assessment Study
Government Center Land Purchase
Design of Government Center/Police
Construction of Government Center
Purchase of Charter Elementary School Property
Construction of Charter Elementary School
Community Center Improvements
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Construction of Middle School Wing to Charter School
Holiday Lighting for Government Center
Design of Arts & Cultural Center
Classroom Additions to Charter School
Arts & Cultural Center Construction
....
Year
1996/97
1997/98
1997/98
1999/00, 2000/01
2001/02
2002/03
2003/04, 2004/05,
2006/07, 2007/08
2004/05
2005/06
2007/08
2008/09
2008/09, 2009/10
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Fundina Plan
Funding for the proposed Public Buildings Projects will be provided by the following
sources: Total Category Budget $345,000
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Fundino:
General Fund
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$345,000
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TABLE 1
PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS
PROJECTS SCHEDULED FOR 2009/10 - 20013/14
SUMMARY BY YEAR
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CIP # Project Tille ~!l!Ef"5,,~ ,Dept # 2009/10 2010/11, 2011/12 2012/12 2013/14 Total
PBF1
PBF2
Govemment Center Chiller Replacemenl CS
Police Department Offices Improvement PO
$
165,000 $ 165,000
15,000
$
330,000
15,000
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Totals
$
180,000 $ 165,000 $
$
$
345,000
TABLE 2
PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS
PROJECTS SCHEDULED FOR 2009/10 - 20013/14
FUNDING PLAN
PBF1
PBF2
Govemment Center Chiller Replacemenl CS
Police Department Offices Improvement PO
$
330,000
15,000
$ 330,000
15,000
Totals
$
345,000
$ 345,000
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PROPOSED PROJECTS
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Government Center Water Chiller Replacements
2009/10 $165,000 2010/11 $165,000
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Chillers are the source of air conditioning and heating of the Government Center. The
original chillers were purchased in 1998. This replacement was moved up to FY 2009
because chillers are rapidly deteriorating, and will not be able to cool or heat the
Government Center properly. Prices include cost of unit per existing state contracts and
estimated installation costs. The new chillers are rust resistant and energy efficient.
The replacements should produce significant energy savings by approximately $16,000
per year.
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2009/10
1 Chiller
$165,000
$165,000
2010/11
1 Chiller
-----.---------------------------------------------------------------------------------------------------------------------
2 - Police Offices Improvements
2009/10$15,000
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This project consists of expanding the Crime suppression Units Office area to
accommodate personnel assigned to this unit.
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INFORMATION/COMMUNICATIONS TECHNOLOGY
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This functional category includes improvements to the City's information/communication
systems, data processing and the automation of certain operations by utilizing the latest
technology to enhance productivity and efficiency. There are 11 projects totaling
$2,823,200.
Policies
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The City's investment in communication and computer projects is based on the
following policies:
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. Continue the implementation upgrade of the Management Information System for all
key City operations to automate functions and improve efficiency and productivity.
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. Improve and maintain City-wide radio communications capabilities for Police
operations.
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. Develop and maintain computerized capabilities of the various City departments and
information systems.
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. Utilize the latest state of the art technology including the use of the Internet for the
delivery of services.
,....
. Maintain the E911 system to enhance police response times to emergencies.
. Utilize the latest technology for education and teaching at the Charter School.
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FundinQ Plan
Funding for the proposed Information Technology Projects will be provided by the
following sources: Total Category Budget $2,823,200
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FundinQ:
General Fund
Charter School Fund
$2,203,700
619,500
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Capital Improvement Program 2009-2014
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TABLE 1
PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT
PROJECTS SCHEDULED FOR 2009/10 - 2013/14
SUMMARY BY YEAR
CIP# Project Title Oept # 2009/10 ~2010/11 2011/12 2012113~ "'~::> 2013/14 ~ Total
ICT1 Police Computers Systems<$SOOO PO 117,400 188,000 125,000 134,000 125,000 689,400
ICT2 Central Computer System>$SOOO IT 265,000 90,000 95,000 105,000 105,000 660,000
ICT3 Radios and E911 System PO 171,000 126,000 106,000 181,000 96,000 680,000
ICT4 Computer Equipment<$5000 ACES 123,000 96,000 87,SOO 78,500 108,000 493,000
ICT5 Computer Equipment>$SOOO ACES 76,500 10,000 10,000 20,000 10,000 126,SOO
ICT6 Computer Equipment<$SOOO IT 6,000 6,000 6,000 6,000 6,000 30,000
ICT? Computer Equipment<$SOOO FSS 2,000 6,000 2,000 2,000 2,000 14,000
ICT8 Computer Equipment<$5000 CM 4,000 2,000 4,000 2,000 12,000
ICT9 Computer Equipment<$5000 CS 16,000 20,300 27,000 11,000 17,300 91,600
ICT10 Computer Equipment<$5000 CD 4,100 8,000 3,500 4,000 4,100 23,700
ICT11 Computer Equipment CC 3,000 3,000
Totals $ 788,000 $ 552,300 $ 466,000 $ 541,500 $ 475,400 $ 2,823,200
TABLE 2
PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT
PROJECTS SCHEDULED FOR 2009/10 - 2013/14
FUNDING PLAN
Icn Police Computers Systems<$5000 PO 689,400 689,400
ICT2 Central Computer System>$5000 IT 660,000 660,000
ICT3 Radios and E911 System PO 680,000 680,000
ICT4 Computer Equipment<$SOOO ACES 493,000 493,000
ICT5 Computer Equipment>$SOOO ACES 126,500 126,SOO
ICT6 Computer Equipment<$SOOO IT 30,000 30,000
ICT? Computer Equipment<$5000 FSS 14,000 14,000
ICT8 Computer Equipment<$5000 CM 12,000 12,000
ICT9 Computer Equipment<$5000 CS 91,600 91,600
ICT10 Computer Equipment<$5000 CD 23,700 23,700
ICT11 Computer Equipment CC 3,000 3,000
$ 2,823,200 $ 2,203,700 $ 619,500
Totals
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PROPOSED PROJECTS
1 - PD
Police Computers Systems < $5000
2009/10 $117,400 2010/11 $188,000 2011/12 $125,000
2012/13 $134,000 2013/14 $125,000
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This project consists of purchasing computer equipment and software that utilizes the
latest technology for the Police Department.
2009/10
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2012/13
2013/14
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Replace 25 Mobile Laptops
20 Desktop Computers
Vehicle Modems
Replace 2 Servers
Replace Data Retrieval System
20 Vehicle Printers
50,000
24,000
6,000
10,000
7,000
20,400
$25,000
50,000
24,000
6,000
13,000
10,000
10,000
50,000
$25,000
50,000
24,000
6,000
10,000
10,000
$25,000
50,000
24,000
6,000
10,000
10,000
9,000
$25,000
50,000
24,000
6,000
Upgrades
Replace 25 Mobile Laptops
20 Desktop Computers
Vehicle Modems
Replace 9 Computers for EOC
Replace 2 Servers
10 Vehicle Printers
Replace AS400
Upgrades
Replace 25 Mobile Laptops
20 Desktop Computers
Vehicle Modems
Replace 2 Servers
10 Vehicle Printers
Upgrades
Replace 20 Mobile Laptops
20 Desktop Computers
Vehicle Modems
Replace 2 Servers
10 Vehicle Printers
3 Toughbooks (K-9)
Upgrades
Replace 25 Mobile Laptops
20 Desktop Computers
Vehicle Modems
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Capital Improvement Program 2009-2014
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Replace 2 Servers
10 Vehicle Printers
10,000
10,000
---------------------------.-------------------------.-------------------------.-------------------------------------------
2 -IT
Central Management Information System> $5000
2009/10 $265,000 2010/11 $90,000 2011/12 $95,000
2012/13 $105,000 2013/14 $105,000
This project consists of purchasing new and replacement computer hardware and
software that utilize the latest technology for the City's general information management
system, which is used by all City Departments.
2009/10
2010/11
2011/12
2012/13
2012/13
Software/Licenses/U pg rades
Servers/ Security/UPS/Switches
AS 400 Upgrades
Replace PBX Phone System
with VOIP
Softwa re/Licenses/U pg rad es
Servers/ Security/UPS/Switches
Video System Solution
Softwa re/Licenses/U pg rad es
Servers/ Security/UPS/Switches
AS 400 Upgrades
Upgrade Phone System
Softwa re/Licenses/U pg rad es
Servers/ Security/UPS/Switches
AS 400 Upgrades
Equipment for Redundant Site
Softwa re/Lice n ses/U pg rad es
Servers/ Security/UPS/Switches
AS 400 Upgrades
Upgrade Phone System
$15,000
50,000
50,000
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150,000
$25,000
45,000
20,000
$20,000
65,000
5,000
5,000
$25,000
60,000
5,000
15,000
$20,000
70,000
5,000
10,000
3-PD
Radios and E911 System
2009/10 $171,000 2010/11 $126,000 2011/12 $106,000
2012/13 $181,000 2013/14 $96,000
This project consists of purchasing equipment to establish and maintain an 800 Mhz
police radio system to improve communications and purchase new radios for projected
Capital Improvement Program 2009-2014
Page 42
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additional personnel in the Police Department, replace radios that may become
damaged or become inoperative during the five-year period and maintain the E911
system.
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5 Handheld & 1 0 Mobile Radios
800 Mhz Radio System Upgrades
E911 System Upgrades
Replace Microwave Hop
Combiner for Radio System
5 Handheld & 10 Mobile Radios
800 Mhz Radio System Upgrades
Replace E911 Server
E911 System Upgrades
5 Handheld & 10 Mobile Radios
800 Mhz Radio System Upgrades
E911 System Upgrades
5 Handheld & 10 Mobile Radios
800 Mhz Radio System Upgrades
E911 System Upgrades
Replace CSD Servers
E911 System Upgrades
800 Mhz Radio System Upgrades
5 Handheld & 10 Mobile Radios
$56,000
50,000
15,000
35,000
15,000
$56,000
30,000
25,000
15,000
$56,000
35,000
15,000
$56,000
25,000
50,000
40,000
15,000
25,000
56,000
-------------------------------------------------------.---------.-.-----------.-------------------.-----------------------
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4-ACES
Computer Equipment < $5,000
2009/10 $123,000 2010/11 $96,000 2011/12 $87,500
2012/13 $78,500 2012/13 $108,000
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This project consists of the regular replacement of the computers, laptops, servers and
network infrastructure at the Aventura City of Excellence School.
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2011/12
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Replace 65 Computers/Laptops
30 New Computers
Replace 80 Computers/Laptops
Replace 70 Computers/Laptops
Replace Color Laser Printer
Replace 65 Computers/Laptops
Capital Improvement Program 2009-2014
78,000
45,000
96,000
84,000
3,500
78,500
City of Aventura
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Replace 90 Computers/laptops
108,000
5 - ACES
Computer Equipment> $5000
2009/10 $76,500 2010/10 $10,000 2011/12 $10,000
2012/13 $20,000 2013/13 $10,000
This project consists of the regular replacement of the computers and network
infrastructure at the Aventura City of Excellence School that exceeds $5,000.
2009/10
Replace Network Switches and Routers
Upgrade Phone System
4 Smartboards
2010/11
Replace Network Switches and Routers
2011/12
Replace Network Switches and Routers
2012/13
Replace Network Switches and Routers
Replace 2 Servers
2013/14
Replace Network Switches and Routers
6 -IT
Computer Equipment < $5000
2009/10 $6,000 2010/11 $6,000
2012/13 $6,000 2013/14 $6,000
2011/12 $6,000
$22,500
30,000
24,000
10,000
10,000
10,000
10,000
10,000
This project includes the replacement of existing equipment for the various employees
of the department.
7 - FSS
Computer Equipment < $5000
2009/10 $2,000 2010/11 $6,000
2012/13 $2,000 2013/14 $2,000
2011/12 $2,000
This project includes the replacement of existing equipment for the various employees
of the department.
-----------------.-.-------------------.-------------------.-------------.-.---.-----.-----.-.-------.---.-----.---.-------
Capital Improvement Program 2009-2014
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8-CM
Computer Equipment < $5000
2009/10 $4,000 2010/11 $2,000
2013/14 $2,000
2011/12 $4,000
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This project consists of upgrading computer equipment in the Office of the City
Manager.
---------------------------.-----------------------------------------------------------------------------.-----.---.---.---
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9 - CS
Computer Equipment < $5000
2009/10 $16,000 2010/11 $20,300 2011/12 $27,000
2011/12$11,000 2012/13$17,300
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This project consists of purchasing and upgrading computer equipment in the
Community Services Department and Community Recreation Center.
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5 Computers and ID Printer
Upgrade GIS Software
Upgrade Visitor ID System
$9,000
2,000
5,000
$13,000
4,000
2,000
1,300
$8,000
14,000
2,000
3,000
$9,000
2,000
$4,000
1,300
7,000
5,000
10 CRC Computers
4 Computers
Upgrade GIS Software
1 Laptop Computers
4 Computers and ID Printer
11 CRC Computers
Upgrade GIS Software
Replace CRC Server
5 Computers and ID Printer
Upgrade GIS Software
4 Computers
1 Laptop Computers
1 Plotter
Upgrade Visitor ID System
10 - CD
Computer Equipment < $5000
2009/10$4,100 2010/11 $8,000
2012/13 $4,000 2013/14 $4,100
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2011/12 $3,500
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Capital Improvement Program 2009-2014
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Capital Improvement Program 2009-2014
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This project consists of computer upgrades, replacement printers and the
implementation of field computers for code compliance and building inspections for the
Community Development Department.
2009/10
Replace 5 Computers
Replace 1 Laser
Replace 1 Printers
$3,000
600
500
2010/11
Replace 4 Computers
Replace 1 Large Forms Printer
$4,000
4,000
2011/12
Replace 3 Computers
Replace 1 Small Forms Printer
$3,000
500
2012/13
Replace 4 Computers
$4,000
$3,000
600
500
2013/14
Replace 3 computers
Replace 1 Laserjet Printers
Replace 1 Small Forms Printer
-~_._._._._._.-.-._._._._._._._._._._.-._._._._._._._.---.---------------.-.-------------.-----------------------------.-.-
11 - CC
Computer Equipment < $5000
2009/10 $3,000
This project consists of upgrading and replacing computer equipment in the City Clerk's
Office.
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City of Aventura
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CAPITAL EQUIPMENT PURCHASES AND REPLACEMENTS
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This section includes projects relating to Capital Equipment Purchases and
Replacements for all operating departments. There are a total of 7 projects totaling
$3,285,305.
Policies
The City's investment in capital equipment purchases and replacements is based on the
following policies:
Goal: Provide capital equipment that will meet the needs of all departments in
order to maintain the efficiency and productivity of providing municipal services to the
City's residents.
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. Replace all present equipment that is required when they become unusable, unsafe
or when maintenance costs outweigh the total cost of replacement.
. Develop and maintain an "Equipment Evaluation and Replacement Guide" to
determine replacement schedules and costs.
. Purchase more economical, fuel efficient and multi-functional vehicles.
. Purchase new equipment that will increase productivity and reduce personnel and
maintenance costs.
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. Maintain all City assets at a level adequate to protect the City's capital investment
and to minimize future maintenance and replacement costs.
Proposed Capital Eauipment Purchase And Replacement
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Most projects outlined in the 2009/10 to 2013/14 Capital Improvement Program are
either pertaining to vehicles or operational equipment. These 5 projects, worth
$3,285,305 are displayed in Table 1.
Detailed project descriptions and a funding schedule follow. The CIP guidelines provide
that capital equipment shall be defined as having a useful life of more than one year and
a value of $5,000 or more. Equipment that has a value of $5,000 or less is also
included in this document for budgetary purpose.
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Fundina Plan
Funding for the proposed Capital Equipment Purchase and Replacement Projects will
be provided by annual appropriations from the General Fund:
Capital Improvement Program 2009-2014
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Capital Improvement Program 2009-2014
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TABLE 1
PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT
PROJECTS SCHEDULED FOR 2009/10 - 2013/14
SUMMARY BY YEAR
CIP#'i, ProJect Title '" ," " , Oept~2009/10 2010/11 2011/12 2012/13 2013/14' ,,",' Total
CE1 Vehicle Purchase & Replacements PD 391,960 453,000 445,000 379,100 379,100 2,048,160
CE2 Equipment Purchase and Replacement>5000 PD 127,000 188,710 83,471 63,000 64,890 527,071
CE3 Equipment Purchase and Replacement<5000 PD 16,900 28,400 22,200 49,300 14,474 131,274
CE4 Equipment Purchase and Replacement>5000 CS 48,600 61,000 20,000 6,000 58,000 193,600
CE5 Equipment Purchase and Replacement<5000 CS 6,000 3,500 2,500 2,000 2,500 16,500
CE6 Equipment Purchase and Replacement>5000 ACC 325,000
CE7 Equipment Purchase and Replacement>5000 CD 21,000 22,700 43,700
Totals $ 936,460 $ 734,610 $ 595,871 $ 499,400 $ 518,964 $ 3,285,305
TABLE 2
PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT
PROJECTS SCHEDULED FOR 2009/10 - 2013/14
FUNDING PLAN
CE1 Vehicle Purchase & Replacements PD 2,048,160 2,048,160
CE2 Equipment Purchase and Replacement>5000 PD 527,071 527,071
CE3 Equipment Purchase and ~eplacement<5000 PD 131,274 131,274
CE4 Equipment Purchase and Replacement>5000 CS 193,600 193,600
CE5 Equipment Purchase and Replacement<5000 CS 16,500 16,500
CE6 Equipment Purchase and Replacement>5000 ACC 325,000 325,000
CE7 Equipment Purchase and Replacement>5000 CD 43,700 43,700
Totals 3,285,305 3,285,305
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PROPOSED PROJECTS
1 - PD
Vehicle Purchase & Replacements
2009/10 $391,960 2010/11 $453,000 2011/12 $445,000
2012/13 $379,100 2013/14 $379,100
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This project consists of purchasing police vehicles to accommodate new employee
additions and establish a vehicle replacement program in the Police Department.
2009/10
2010/11
2011/12
2012/13
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---------------.---------------------------------------.-.-------------.-----------------------------.---------------------
Replace 12 Patrol Vehicles
Replace 12 Patrol Vehicles
Replace (2) K-9 Vehicle
$336,960
55,000
$351,000
40,000
37,000
25,000
$365,000
35,000
35,000
10,000
$379,100
$379,100
Replace 12 Patrol Vehicles
Replace Prisoner Van
Replace Special Services SUV
Replace Fleet Truck
Replace 12 Patrol Vehicles
Replace Crime Prevention Van
Replace Crime Scene Van
Replace Crime Prevention Trailer
Replace 12 Patrol Vehicles
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2-PD
Equipment Purchase and Replacement> $5000
2009/10 $127,000 2010/11 $188,710 2011/12 $83,471
2012/13 $63,000 2013/14 $64,890
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This project consists of purchasing equipment for the Police Department. The following
is a breakdown of the items to be replaced:
2009/10
2010/11
11 Vehicle Equipment
Replace Firearms
K-9 (2) Vehicle Equipment
Marine Video System
Replace Audio System
Replace Swat Headset Radio
$58,000
23,000
12,000
10,000
14,000
10,000
$58,710
22,000
10 Vehicle Equipment
Replace 2 Message Boards
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2011/12
2012/13
2013/14
Replace 2 Boat Engines
Prisoner Vehicle Equipment
Additional License Plate Reader
10 Vehicle Equipment
Replace K-9
Crime Prevention Trailer Equipment
10 Vehicle Equipment
10 Vehicle Equipment
60,000
20,000
28,000
$60,471
13,000
10,000
$63,000
$64,890
-------------.-------------------.---.-------------.-.-----------.-----.---------------.-----------.-.-------------.-------
3-PD
Equipment Purchase and Replacement < $5000
2009/10 $16,900 2010/11 $28,400 2011/12 $22,200
2012/13 $49,300 2013/14 $14,474
2009/1 0
2010/11
2011/12
2012/13
2013/14
Replace 10 Ballistic Vests
5 Tasers
Replace Crime Prevention Equipment
Infrared Camcorder
Replace 10 Ballistic Vests
2 Radar Units
2 Lasar Units
5 Tasers
Replace 10 Ballistic Vests
2 Lasar Units
5 Tasers
Replace 10 Ballistic Vests
2 Radar Units
2 Lasar Units
5 Tasers
Replace SWAT Vests
Replace 10 Ballistic Vests
5 T asers
$7,000
5,200
3,500
1,200
$8,000
7,000
8,000
5,400
$8,500
8,100
5,600
$8,500
8,000
9,000
5,800
18,000
$8,500
5,974
4-CS
Equipment Purchase and Replacement> $5,000
2009/10 $48,600 2010/11 $61,000 2011/12 $20,000
2012/13 $6,000 2013/14 $58,000
Capital Improvement Program 2009-2014
Page 50
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This project consists of the replacement of equipment that has become inefficient,
defective, or unusable and to add new equipment to provide improved services in the
Community Services Department. The following is a breakdown of the items to be
purchased:
2009/10
2010/11
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2011/12
2012/13
2013/14
Replace Utility Van
Replace 1 Treadmill
Replace 2 Elliptical Machine
Security Camera Addition
$26,000
6,000
10,000
6,600
$21,500
12,000
27,500
$9,000
6,000
5,000
$6,000
$58,000
Pickup Truck
Replace 2 Treadmill
Replace Vehicle
Replace Service Cart
Replace 1 Treadmill
Replace 2 Exercise Bikes
Replace 1 Treadmill
---------------------------------------------------------.-------.---------.---------.------------------------_.-----------
Replace 2 Vehicles
5-CS
Equipment Purchase and Replacement < $5,000
2009/10 $6,000 2010/11 $3,500 2011/12 $2,500
2012/13 $2,000 2013/14 $2,500
This project consists of the replacement of equipment that has become inefficient,
defective, or unusable in the Community Recreation Center. The following is a
breakdown of the items to be replaced:
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2011/12
2012/13
2013/14
---------------------------------------------------------------------------------------------------------------------------
Replace 1 Recumbent Bicycle
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Replace 16 Tables and 1 Chair Cart
Replace 1 Recumbent Bicycle
$3,500
2,500
$3,500
$2,500
$2,000
$2,500
Replace 40 Chairs
Replace 1 Recumbent Bicycle
Replace 12 Tables
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Capital Improvement Program 2009-2014
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6-ACC
Equipment Purchase and Replacement> $5,000
2009/10$325,000
This project consists of purchasing the startup equipment for the Arts &Cultural Center:
-------------------------------------------------------------------------.-----------------------------------------------.-
7-CD
Equipment Purchase and Replacement> $5,000
2009/10 $21,000 2011/12 $22,700
This project consists of the addition of equipment or the replacement of equipment that
has become inefficient, defective, or unusable in the Community Development
Department. The following is a breakdown of the items to be replaced:
2009/1 0
Pickup Truck
$21,000
$22,700
2011/12
Pickup Truck
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Capital Improvement Program 2009-2014
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Page 53 l
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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
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, 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 attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING 6/2/09
APPLICANT NAME/NO. COLONIAL BANK 01-APP-09
in the XXXX Court,
was published in said newspaper in the issues of
05/19/2009
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 thi advertis n or publication in the said
newspaper.
Sworn to and subscribed before me this
19 day6f MAY
/ ..........
1JJ~8JUhL
, A.'p'.)2009
i/~
(SEAL)
O.V. FERBEYRE personally known to me
~v i\,
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~O'f\.f!'".
Notary Publi\~ State of Florida
VllroniOll PQrez
My COmmlll:li(ln 00819771
F.xplles 011/03/2012
CITY OF AVENTURA
NOTICE OF PUBLIC lISARINQ
o.a.endTlmaof~."'-Ing: ..T~.June212009
: S;QGp:m,
AppIIcant~..~!
Appbnt AeqU8ld:
The applicant is requ8StIl'lg an appeeJ,pursuant td
..ctiorfSt....,(lt 1l8.>Codeftor\l' a Wl'Itten'
"..... ....ptli=. -~. detemlfnation or.
~.. .l;lyan.ildmiriI8tratIV O1IiCIat in
~1'illt.'i.Of!'tHJ' eaya tMld'..~
~~~=~useofa
~:;"< ~;y;,' ,0 ;-.'~
LOCIItIon Of Subject ProIMfty: 3lII8_191 Slf8et, CIty of,Av.ntura
~~eDevelOpment .
Legal Descrtption: A p()rIlon of'f~ P'olAt& at Avel'ltura,Plat
Book 133,Page't.(lfttulPublic Reoords ofMlaJni.:'
Dade County, ~;.. . . ,.
The appli9ation is on file andmay~e~ during regular busine~
hours in the City of Aventura <3OV8li1rmmf~' CommunitY DevelOlt,
ment Department, 19200 WeSt.. .. .'eoG.','..rmv iQlUb'... '.i9live..' ,Aventura, F.IOrid4'.'
33~ 80. The application may be I'nOdified at" before the Public Hearing.!
The- application may ~ange ~ting the hit$nFiglfrocess. '
The Public lic~ring wlIfbe lfeldbHlle GIly eommtnIOn 0henIber at~.
City Of Awntuna Gove~ ~,19200:""Coul'ltry CJut)
DrIve, Aventura. ~, ""80. voUr~AtsmaYbemade I"':
person at the tiearii'l9or1leCftftWritlng'prlOr to'the'lte8ring date. Refer t9
applicant/propertY on'~lderlee8hdm8lfSilinei<).~of AVentUra
Govemment Center, Community [)eveIopnlent Department, at tI$.
address abOve. ForfUt1l'l8f~.~CII1i(305)466-8940. I
"F',,(;.J .'~
In 8.cC0rd8rice.Wlthi~ 'ArWeHCllnsWlm' Dls8blIfIMs. Aot'$ 1990, IlI1
pefSOl'lSwhoar& disatlfed';ilricfFWhOneect~i~onsto
partiCipate ihthis ProCeedll1t~ Ofth8t diS8blIityshookfcontact
the Office of the CltYOI8ltct"l.1<iioti~th$n. two ~days
~lOlillefjP~:",?;~': . "':~'
~~~~~~;:r:t::r:~~~~~~
pe~ will need a reCotdOf_~j@j1lfige'Md'fOr sUChporpO$G, may
need to ensurE! that a verbatlrfl record of th~ p~ is madEl, Wbklh
record includes the testin'lC>'7 ~ ~~1JP9I1 whicl1 tI$~a1 is to
be based. . , .. . ".',,"" ,.' .
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.., 09-3-24411234461M
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THE MIAMI HERALD I MiarniHerilld.com
THE KOREAN PENINSULA
22 minutes of tense dialogue
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11 South Korea demanded
tnat the North free ill
detained worker. but ill
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 ofti-
daIs. underlining the soured
nature of relations between
the two rival countries.
The meeting had been
billed as a major step - the
ii.rst government-la-govern-
ment dialogue since conser-
vative South Korean Presi.
dent Lee Myung-bak took
oflke last year with a vow to
get tough on North Korea
over its nuclear ambitions.
But the lalks - which
lasted just 22 minutes - only
slarted after a full day ofbick~
ering over how it should be
conducted. South Korean of!1-
cials spent more than 11 hours
in the North before the iormal
meeting started.
The North seized the
South Korean worker last
month ior allegedly denounc-
ing its political system. His
detention came amid already
{raying 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 iree the
worker during the talks at the
Kaesong Industrial Complex
just across the border in
North Korea, a statement
from the South Korean presi-
dent's office said Tuesday.
"We made it clear that our
government will react
strongly unless the North side
immediately releases the
detainee," the statement said.
"AU responsibility ior 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 AprilS rocket
launch.
Russia 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 iree 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 o{ six-nation nuclear
negotiations.
Pulling 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.
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL PLANNING AGENCY
AND NOTICE OF AMENDMENTS OF COMPREHENSIVE PLAN
AND NOTICE OF AMENDMENTS TO 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)
-
B80TOPI-I<
I121'OROS
Immediately following the Local Planning Agency meeting, the City Commission of the
City of Aventura, as the governing body, will consider on first reading a1 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 of Aventura Government Center, 19200 West Counby 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
WEDNESDAY, APRIL22, 2009 I 13A
Al
,<c~Children' s
BookFest
NCE UPON A TIME"
Holly";ibod Branch Library, Hollywood, 954-926-2430
~orthwest Regional Library, Coral Springs, 954- 341-3900
Saturday, April 25 . 10:30 a.m. to 4:30 p.m.
~ ~.
\hl"~ '.\',,,h,n';'~'n
Performances vary by location, but may include:
.
r"l<.lVlc! C;on=Jkz, J)onn,l \\'ashin~wJl
.1lDrtm'lPlmwliltl
l\.'loolllight Tales: Sturytclling l :ndcr the Slars
Saturda,y. April 2.." . 7 tCl to p.m. . I\lain l-ihrarJ Plaza. Ft I,audcrdalc
.)'!orylellillg iSJI 'I jastI/H' kids.' Hrin~ tflt, .I'holej{lJlIilr 10 (/ /!lUXicu! en.'mn~ oj
nil/Sic wut}/mr of fhe besl .\'torYlcllen' I/Iuler the slurs.
Children's Reading F~>stival
at the AfriC"dll-American Research Library and Cultural Center
Spollsored hy DelIa Si/<lIuJ '/71etu Somrir)~ file.
Saturday. April 25 . 10:3U a.m. to 4 p.m.. 95.J-625-2IU3
SlOrytdkr.s . CLlJis . Rides. And More
~~I~r~ ~ D1,lll~miHt'mt~tD
"-'Cl!\OY
FilfililYllFE ~
I \ t"nt mfn 9'5-+ 5'57 78..1.6 01 \\ \\ \.\ \)J{)\-\ ,\I dOlI.!, IlI)1 ,11 \ l hf09 hI III
j-
~..... Please join Brooks Brothers for
,'. a Special Benefit Evem
'" GOLDEN FLEECE
FOUNDATION@
A BROOKS BROTH ERS CHAR ITY
in support of
The Make-A-Wish Foundation@
Thursday, April 23 & Friday, April 24, 2009
E . . 1 25% . .
nJoy a speCla savmgs
on your enrire purchase when you use either the
Brooks Brothers Platinum MasterCard@ or The Brooks Card@
E. 15% . .
llJOY saVIngs
when using other forms of payment at all Brooks Brothers stores,
online at BrooksBrothers.com or by phone at 800.274.1815.
~
9Jr~~g&;ueffJ/
IIROOKSElROTIlERS,COM (fIOO) 274 11115
Shop our MEN'S, WOME!'\'S & BOYS' collections.
Available at RETAIL & FACTORY stores,
ONLINE and by PHONE.
2% of net saks" will be donaled lO the Golden Fleece Founduion,
which supporrs charilics like the Make-A-Wish Foundalion
For your shoppin!,: convcnienct\ all U.S. Brooks flrOlhers SlOre,
will remain opcn llmil 9:00 p.m, or latcr on April 23 and 24.
'bdu""""I'pl,.J,,,,,,,,,,,.,,lr,A,"o';'l<"C,.;<;,R,,,,,l,B,,xl,,,,,.-"""",J...;h. 'lhr B,,,,,,,B'OLh,,, 1'1...""",
M,,,,,C.~I,, i,,",J"~ U. Mono, B.n. I'"""'"' ,". t."",, h>' M.""C"J 1""',,,;,,0.1
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16A I THURSDAY, MAY 21, 2009
FROM THE FRONT PAGE
MiamiHerald.com I THE MIAMI HERALD
Bargains abound at annual business Pow Wow
AI
TOURISM
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MIAMI BEACH
COWBOYS:
Jorge Franz
and Mauricio
Gonzalez
Liceaga, both
of the Greater
Houston
t.ourism
bureau, share
a laugh this
week at the
Pow Wow in
M iam i Beach.
#22~/f.~ct.29.~~'
MEMORIAL DAY FABRIC SAlE
>2/0:
the lowest ticketed price on our
entire inventory
Boca Bargoons decorative fabric
outlet has brought in truddoads of
brand new merchandise and their
entire inventory is on sale!
Today thru Memorial Day only
thousands of rolls of the finest
damasks, upholsteries, silks, prints,
tapestries and more \\ill be sold for
just a fraction of their worth!
&
2009 Proud Business Partners
of 1M Grtl#Ur MiIImi Jewf6h FMeratiM
~~NSORI'O
THECOLLECTION'
Ii GreenbergTraurig
Kornreich - Nil'
GOI,D SPONSORS
L~~
... "M.~Af
KM>t~'ntr;t" S<!r"kt'l>
~.~~~~~.?T.~;~~ .:.;: ;~~:;~"'~;~;~.::'~'~:;~-';;lf",.1L"
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5ILYt;R.I'lPJlNlillll
B'~cill'l,trudion
IDill1SZ!";~.QNSOR!;
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Pl!-,JhU.l~((lr;<','k
JIlt
lfyou would liket.n learn mon-about.
Co...ora.... Sponsorship opptlrtlll1illt'>> witll
th.. Greawr :vIlami Jewish Federation,
please-cont.act.:vIareFishmanat.
7Sf...S(ili.IH25ormlil<hmdu@lluljf.Ofll.
u- -..,.. " 8pllIa . Pol HoIANo
No __" Bad_ "RugoiM'"
BROEEN HIPS . KNEE FRACTURES
WRIST, ANKLE, BACK: INJURIES
@VILES !:'!sU~~€i' LLC
HeIplDg People
"",!?1:: Tbn>ughou' F10rlda ~.
"'i)O""" for Over aOT.an ~
1.800.848.463'1
TU1lb'tDg'oftlD~"tlDlIlIpcJI'tatdaGlllloa(balahould
DOl bellrued~ OD~:a.IDm JOU decidA\,
uk till to MDd youfnMI writWI1to1onDdOn abouI our
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CITY OF AVENTURA
NOTICE OF ADOPTION OF
TEN-YEAR WATER SUPPLY
FACILITIES WORK PLAN AND
NOTICE OF AMENDMENT OF
COMPREHENSIVE PLAN
Public Notice is hereby given that the Aventura City
Commission will meet in a public hearing on Tuesday,
June 2, 2009 at 6:00 p,m. to consider the following
Ordinance for adoption on second and final reading:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING A TEN-YEAR WATER
SUPPLY FACILITIES WORK PLAN AND
AMENDING THE CITY OF AVENTURA
COMPREHENSIVE PLAN BY AMENDING
THE FUTURE LAND USE ELEMENT,
THE INFRASTRUCTURE ELEMENT, THE
CAPITAL IMPROVEMENTS ELEMENT, THE
INTERGOVERNMENTAL CO-ORDINATION
ELEMENT AND THE CONSERVATION &
COASTAL MAf'IIAGEMENT ELEMENT OF THE
CITY OF AVENTURA COMPREHENSIVE PLAN
TO IMPLEMENT THE CITY OF AVENTURA
TEN-YEAR WATER SUPPLY FACILITIES WORK
PLAN REQUIRED PURSUANT TO CHAPTER
163, PART II, FLORIDA STATUTES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN;
AND PROVIDING FOR AN EFFECTIVE DATE,
The Public Hearing will be held in the City Commission
Chamber at City of Aventura Government Center, 19200
West Country Club Drive, Aventura, Florida, 33180. The
proposed Ordinance may be inspected by the public
at the Office of the City Clerk at the above address.
Interested parties may appear at the Public Hearing and
be heard with respect to the proposed Ordinance.
In accordance with the Americans with Disabilities Act
01 1990, all persons who are disabled and who need
special accommodations to participate in this proceeding
because of that disability should contact the Office 01 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, MMe, City Clerk
.POW WOW, FROM IA
released preliminary figures
showing about 4,600 people
atlended the event, a 16 per-
cent drop from last year's
tally in Las Vegas.
Pow Wow returned to
Miami Beach after 10 years
that saw South Florida's hotel
industry boom - to the point
that many hotels spurned the
kind of wholesale business
many Pow Wow buyers
deliver. And while past Pow
Wows saw wholesalers com-
plain they couldn't get
enough discounted rooms in
Miami Beach, supply wasn't a
problem this year.
"Hotels that would never
talk to you before are calling
you up," said Suely Auer-
bach, president of AAT
Travel in Hollywood, which
specializes in European vaca-
tions to the United States.
"It's a lot like after 9/11 for
some of them."
THE HOTEL BUSINESS
Dade County. No major hotel
market depends more on for-
eign tourists: international
visitors accounted for 48 per-
cent of the 12 million tounsts
that visited Miami-Dade last
year, the biggest foreign mar-
ket share of any major U.S.
tourist destination.
But after a booming U.S.
economy sent room rates
soaring for much of the dec-
ade, Miami-Dade now is los.
ing ground quicker than
almost all of the country's
top destinations. Among the
25 major hotel markets
tracked by Smith Travel
Research, only New York
saw room rates drop quicker
than they did in Miami-Dade
through March. (Smith
Travel does not track Las
Vegas, where hotels are reel-
ing from the reces:,;ion and
slashing room rates.)
With more than $2 million
to spend, mostly from the
county, local organizers
launched Pow Wow on Sun-
day with a beach party.
DOWNTOWN BASH
The dosing event was a
grander affair, intended to
highlight Miami's new urban
core: guests mingled among
the buffet tables and bars set
onstage in the Ziff concert
hall while a pair of opera
singers performed from a
box seat above.
Outside, with Biscayne
Boulevard closed for the eve-
ning, acrobats descended
{our stories down the Arsht
Center's exterior while a
graffiti artist finished spray-
painting a canvas in the mid-
dle of the crowd.
Though the British market
appears. to be particularly
weak, Pow Wow delegates
say buyers from Latin Amer-
ica and Germany -IWO huge
markets for South Florida -
seem relatively bullish.
"The economic dark cloud
is really just starting to hit
over there," Keys sales direc-
tor Stacey Mitchell said of
mainland Europe.
"I think .we're going to
have a good summer," Mitch-
ell said
Tuula Vahtera spent Pow
Wow shopping prices for the
Finnish office of EuroUSA.
Waiting for an appointment
with an Everglades tour com-
pany, she said Finnish con-
sumers were balancing eco-
nomic anxiety with
wanderlust.
"We are having problems,
like everyone else," Vahtera
said. "We have a long winter,
so people still want to
travel."
t-