10-06-2009
City Commission
Susan Gotdieb, Mayor
A ':!be City of
~ventura
~
,~,
City ManaKCr
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond!
Ted Hollzberg
Billy Joel
Michael Stern
Luz Urbaez Weinberg
City Gcrk
Teresa M. Soroka, MMC
City AttOl71CY
Weiss Serota Helfman
PastOr1za Cole & Boniske
OCTOBER 6, 2009 6 pm
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 PRESENT A TIONS:
Employees Certificates of Appreciation
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:
September I, 2009 Commission Meeting
September 8, 2009 Commission 1 st Budget Hearing
September 17, 2009 Workshop Meeting
September 22,2009 Commission 2nd Budget Hearing
B. ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL
MOTION TO ACCEPT A VENTURA CITY OF EXCELLENCE
SCHOOL OUT-OF-FIELD WAIVERS AS OUTLINED IN THE
CITY MANAGER'S MEMORANDUM DATED SEPTEMBER 2,
2009.
C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$23,500 TO PURCHASE RIFLES AND RACKS FROM THE
POLICE FORFEITURE FUND IN ACCORDANCE WITH THE
CITY MANAGER'S MEMORANDUM
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, URGING THE FLORIDA PUBLIC
SERVICE COMMISSION TO ADOPT REGULATIONS THAT
October 6, 2009
WOULD REQUIRE FLORIDA POWER AND LIGHT TO ADOPT
A REASONABLE NET-METERING PROGRAM THAT WOULD
MAKE THE IMPLEMENTATION AND INSTALLATION OF
SOLAR ENERGY MORE ECONOMICALLY FEASIBLE FOR
FLORIDA MUNICIP ALITIES; PROVIDING FOR AN
EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA PROVIDING FOR ACCEPTANCE
OF DEDICATION AND CONVEYANCE OF EASEMENT FROM
CHAMPION RETAIL LIMITED PARTNERSHIP TO THE CITY
OF A VENTURA TO ALLOW INST ALLA TION OF RED LIGHT
CAMERA UTILITIES TO MONITOR WESTBOUND TRAFFIC
ON NE 191 STREET AT BISCA YNE BOULEVARD:
AUTHORIZING THE CITY MANAGER TO OBTAIN AND
EXECUTE INSTRUMENTS CONCERNING DEDICATION AND
CONVEYANCE; AUTHORIZING ACCEPTANCE OF
DEDICATION AND CONVEYANCE; PROVIDING FOR
EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, 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.
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: NONE
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF AVENTURA
BY ADDING NEW ARTICLE VI. ENTITLED "GREEN
BUILDING PROGRAM" TO CHAPTER 14 "BUILDINGS AND
BUILDING REGULATIONS" OF THE CITY CODE;
2
October 6, 2009
ESTABLISHING DEFINITIONS, STANDARDS, PROCEDURES,
REQUIREMENTS AND INCENTIVES; PROVIDING FOR
VOLUNTARY PARTICIPATION RELATING TO NEW
CONSTRUCTION OR SUBSTANTIAL RENOVATIONS AS
PROVIDED IN THE ARTICLE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" OF THE CITY CODE TO IMPLEMENT
GREEN BUILDING INCENTIVES PROPOSED BY ARTICLE VI.
"GREEN BUILDING PROGRAM" OF CHAPTER 14,
"BUILDINGS AND BUILDING REGULATIONS" OF THE CITY
CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
9. RESOLUTIONS - PUBLIC HEARING: None
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
WORKSHOP MEETING
OCTOBER 15,2009 9AM 5TH FLR. EX. CONF. ROOM
COMMISSION MEETING
NOVEMBER 3,2009 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, 305-466-890 I, not later than two days prior to such proceeding. One or more members of the City of A ventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record '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, Aventurll, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
3
A'!l'e Qty d
n:ventura
It
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 1, 2009
immediately 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 6:37 p.m. by
Mayor Susan Gottlieb immediately following the 6 p.m. Local Planning Agency Meeting.
Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern,
Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City Manager Eric M.
Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum
was determined to be present, the meeting commenced.
2. 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 Commissioner Stern, passed unanimously and the
following action was taken:
A. The following minutes were approved:
July 7, 2009 Commission Meeting
July 16, 2009 Commission Meeting
July 16, 2009 Workshop Meeting
B. Resolution No. 2009-34 was adopted as follows:
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 AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT DATED FEBRUARY 8, 2008 BY AND BETWEEN THE
CITY OF AVENTURA AND AMERICAN TRAFFIC SOLUTIONS, INC.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2009-35 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 09-07-01-2, BISCAYNE BOULEVARD LANDSCAPE
MAINTENANCE TO LUKES' LANDSCAPING, INC. AT THE BID PRICE
OF $398,892.00; 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.
D. Resolution No. 2009-36 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE PLAT OF "AVENTURA
VILLAS", BEING A REPLAT OF A PORTION OF TRACT F OF FIRST
ADDITION, BISCA YNE YACHT AND COUNTRY CLUB, RECORDED IN
PLAT BOOK 89, PAGE 100 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, LYING AND BEING IN THE CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
E. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF
EXCELLENCE SCHOOL BOARD OF DIRECTORS approved the
following motion:
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2009 AND TO
ACCEPT FOR FILING THAT LETTER DATED AUGUST 24, 2009
ATTACHED AS ATTACHMENT 1
F. Resolution No. 2009-37 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN SOUTH
FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY
COOPERATION MUTUAL AID AGREEMENT ATTACHED HERETO;
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.
2
Ex parte communications, if any, were disclosed by the Commission. Quasi-
judicial proceedings were invoked and all persons giving testimony on this item
were administered the oath by Mrs. Soroka. Mr. Wolpin read the following
resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVECNTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW AN
ABOVEGROUND EMERGENCY FUEL STORAGE TANK IN THE
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL (RMF3) DISTRICT AND
GRANTING VARIANCE FROM SECTION 31-143(D)(4) OF THE CITY CODE
TO ALLOW A 1,000 GALLON CAPACITY SIZE OF TANK, WHERE A
MAXIMUM TANK SIZE OF 550 GALLONS IS PERMITTED BY CODE, FOR
MIAMI-DADE COUNTY WATER PUMPING STATION #464 AT 3601 NE 207
STREET, CITY OF AVENTURA; AND, GRANTING CONDITIONAL USE
APPROVAL TO ALLOW AN ABOVEGROUND EMERGENCY FUEL
STORAGE TANK IN THE MULTIFAMILY HIGH DENSITY RESIDENTIAL
(RMF4) DISTRICT AND GRANTING VARIANCE FROM SECTION 31-143(F)(4)
OF THE CITY CODE TO ALLOW A 1,000 GALLON CAPACITY SIZE OF
TANK, WHERE A MAXIMUM TANK SIZE OF 550 GALLONS IS PERMITTED
BY CODE, FOR MIAMI-DADE COUNTY WATER PUMPING STATION #475 AT
3650 NE 213 STREET, CITY OF AVENTURA; AND, GRANTING VARIANCE
FROM SECTION 31-144(F)(6) OF THE CITY CODE TO ALLOW A 4,000
GALLON CAPACITY ABOVE GROUND EMERGENCY FUEL STORAGE
TANK IN THE MEDICAL OFFICE (MO) DISTRICT, WHERE A MAXIMUM
TANK SIZE OF 550 GALLONS IS PERMITTED BY CODE, FOR MIAMI-DADE
COUNTY WATER PUMPING STATION #424 AT 21101 NE 28 AVENUE, CITY
OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of this item was offered by Vice Mayor Holzberg, and
seconded by Commissioner Weinberg. Community Development Director
Joanne Carr addressed the Commission and entered the staff report into the
record. Mayor Gottlieb opened the public hearing. The following individuals
addressed the Commission: Representatives of Miami-Dade County, applicant
and Michael Levine, Marina Cove Circle. There being no further speakers, the
public hearing was closed. The motion passed unanimously and Resolution No.
2009-38 was adopted.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE OF THE CITY OF AVENTURA BY ADDING NEW
3
ARTICLE VI. ENTITLED "GREEN BUILDING PROGRAM" TO CHAPTER
14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY CODE;
ESTABLISHING DEFINITIONS, STANDARDS, PROCEDURES,
REQUIREMENTS AND INCENTIVES; PROVIDING FOR VOLUNTARY
PARTICIPATION RELATING TO NEW CONSTRUCTION OR
SUBSTANTIAL RENOVATIONS AS PROVIDED IN THE ARTICLE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded by
Commissioner Holzberg. Ms. Carr addressed the Commission. There was no
public input. The motion for approval passed 6-1 by roll call vote with
Commissioner Auerbach voting no.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE TO IMPLEMENT GREEN BUILDING INCENTIVES PROPOSED BY
ARTICLE VI. "GREEN BUILDING PROGRAM" OF CHAPTER 14,
"BUILDINGS AND BUILDING REGULATIONS" OF THE CITY CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to these items
given at the preceding Local Planning Agency meeting, was offered by
Commissioner Joel and seconded by Commissioner Stern. There was no public
input. The motion for approval passed 6-1 by roll call vote with Commissioner
Auerbach voting no.
8. ORDINANCES: SECOND READING/PUBLIC HEARING: Mr. Wolpin noted the
availability of a sign-up sheet should individuals be interested in receiving further
information on this issue and then read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING POLICY 4.19
OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENTS ELEMENT TO ADOPT
BY REFERENCE THE CITY OF AVENTURA 2009/10-2013/14 CAPITAL
IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR
AN EFFECTIVE DATE.
4
A motion for approval was offered by Commissioner Stern, 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. 2009-15 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Bob Burroughs
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 8 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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8.
,...y,,,:.r
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 8,20096 P.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond,
Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor
Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE. Led by Joyce Fox
3. PUBLIC HEARINGS: ORDINANCES: FIRST READING/PUBLIC INPUT -
2009/2010 BUDGET
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING
AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING
MILLAGE LEVY RATE AT 1.7261 MILS PER THOUSAND DOLLARS OF
TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 13.85% BELOW THE
ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE
2009 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Soroka explained the proposed ordinance. A motion for approval was
offered by Commissioner Joel and seconded by Commissioner Auerbach. Mayor
Gottlieb opened the public hearing. There being no speakers, the public hearing
was closed. Mr. Soroka reviewed the highlights of this year's budget and the
services proposed. The motion for approval passed unanimously by roll call
vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS
REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW
MEETING HELD ON JULY 16, 2009, AS THE CITY OF AVENTURA FINAL
BUDGET FOR THE 2009/2010 FISCAL YEAR, 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 PROCEDURES REGARDING ENCUMBRANCES AND THE RE-
APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Stern 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.
Mayor Gottlieb announced that the second budget public hearing is scheduled for
September 22,2009 at 6 p.m.
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 6:07 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.
2
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MINUTES
CITY COMMISSION
WORKSHOP MEETING
September 17,2009
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
a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz
Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City
Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be
present, the meeting commenced.
1. IVES DAIRY ROAD/BISCAYNE BOULEVARD INTERCHANGE IMPROVEMENT
PROJECT PRESENTATION BY FOOT (City Manager): Ken Jeffries, FOOT, and John
McWilliams, Kimley Horn & Associates, reviewed the study of this intersection.
CITY MANAGER SUMMARY: Commission directed City Manager to work with FOOT to
expedite the construction of recommendation B of the study and to explore the City fronting
the cost on behalf of FOOT to be repaid at a later date.
2. FEC CORRIDOR STUDY UPDATE (City Manager): Mr. Soroka provided an update on this
issue.
CITY MANAGER SUMMARY: Consensus to authorize City Manager to participate in the
funding of the Town Hall meeting process and to proceed with one station located between
William Lehman Causeway and Ives Dairy Road.
3. RESOLUTION REQUESTING PSC TO TAKE ACTION TO REQUIRE FPL TO ADOPT A
MORE REASONABLE NET METERING PROGRAM FOR SOLAR POWER (Commissioner
Auerbach): Commissioner Auerbach requested Commission adopt a resolution to require
FPL to adopt a more reasonable net metering program for solar power that he will then
address with the Florida League of Cities to request their support.
CITY MANAGER SUMMARY: Consensus to proceed for consideration at October
meeting.
4. 2010 CENSUS UPDATE - COMPLETE COUNTY COMMITTEE (City Manager): Mr.
Soroka provided an update on this upcoming process.
CITY MANAGER SUMMARY: No action necessary.
5. AACC UPDATE: BUILDING TOPPING OFF CEREMONY; PROGRAM/EVENTS
SUPPORT FUNDING POLICY (City Manager): Mr. Soroka distributed initial brochure and
then discussed the Topping Off ceremony tentatively scheduled for December 2, 2009 at
4:30 p.m. He then discussed funding opportunities and recommended three programs,
including purchase of bricks, honor role founders support and annual membership program.
CITY MANAGER SUMMARY: Consensus to approve City Manager's recommendation to
adopt the support funding policy.
6. 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
10:42 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.
2
The Qty of
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MINUTES
CITY COMMISSION MEETING
SEPTEMBER 22,20096 P.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond,
Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor
Gottlieb and City Manager Eric M. Soroka. City Clerk Teresa M. Soroka was absent
due to illness and City Attorney David M. Wolpin was absent. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE. Led by former Commissioner Harry Holzberg
3. PUBLIC HEARINGS: ORDINANCES: SECOND READING - 2009/2010 BUDGET
A. Mr. Soroka read the following ordinance by title:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ESTABLISHING
AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING
MILLAGE LEVY RATE AT 1.7261 MILS PER THOUSAND DOLLARS OF
TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 13.85% BELOW THE
ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE
2009 TAX YEAR; PROVIDING FOR CONFLICTS; 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. 2009-16 was enacted.
B. Mr. Soroka read the following ordinance by title:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ADOPTING THE
ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS
REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW
MEETING HELD ON JULY 16, 2009, AS THE CITY OF AVENTURA FINAL
BUDGET FOR THE 2009/2010 FISCAL YEAR, 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 PROCEDURES REGARDING ENCUMBRANCES AND THE RE-
APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Joel 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. 2009-17 was enacted.
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 6:09 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.
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Recommendation to Accept Aventura City of Excellence School Out-
Of-Field Waivers
October 6, 2009 City Commission Meeting Agenda Item ~8
RECOMMENDATION
It is recommended that the City Commission acting in its capacity as the Governing
Board of the Aventura City of Excellence School accept the out-of-field waivers list as
outlined in this memorandum.
BACKGROUND
The Miami-Dade County School Board requires the Governing Board of each charter
school to accept a list of teachers considered out-of-field. Teachers working on
additional certification or endorsements for subjects that they are teaching are
considered out-of-field until requirements are met. All teachers hold current
certification. The additional certification or endorsements are extra credentials. This is
a typical practice as teachers expand their professional development.
Below are listings of instructional staff members who are working toward additional
certification the following subject areas:
EnQlish Speakers of Other Lan~uaQes (ESOL) Endorsement - This is an add-on to
a current certificate to be able to teach English language learners. The following
teachers are involved in a five course sequence, allowing six years fOf completion:
Tiffany Tasi, Lauren Grabois, Cindy Mendoza, Lindsay Miller, Mandi Eizenbaum, Dawn
Card, Leslie Mueller and Mark Amador.
Lan~uaQe Arts - 5-9 - Kyla Dennis Wright
Memo to City Commission
Page 2
Gifted Endorsement - This is an add-on to a current certificate to be able to teach
students who are identified as gifted learners. The teachers involved are involved in a
five course sequence allowing five years for completion:
Dawn Card
Should you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01662-09
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Ci
DATE: September 11, 2009
SUBJECT: Disbursement of Police Forfeiture Funds
October 6, 2009 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $23,500 to purchase rifles and
racks from the Police Forfeiture Fund in accordance with the City Manager's
memorandum",
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01665-09
CITY OF A VENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO:
Eric M. Soroka, City Manager
FROM:
Steven Steinberg, Chief of Police
DATE:
14 September 2009
SUBJECT:
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
Colt AR 15 rifles
Rifle racks & installation
Crime Prevention
$12,000
$1,500
$10,000
$23,500
Total Expenditure Request:
I certify that this requested expenditure complies with Florida State Statute
932.704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
Summary
Colt AR15 AR6520 rifles - These rifles will replace and/or supplement tactical
rifles we have already issued to our officers. These rifles enhance our officers
ability, and survivability, in the performance of their duties in the event they
encounter criminals that have similar weapons, or superior numbers, during the
commission of a crime.
Weapons racks - These racks are installed in our vehicles to afford the officer
the ability to carry the above rifles in a secure manner while on duty.
Crime Prevention - Requesting up to $10,000 be allocated for crime prevention
functions, equipment and supplies for the FY 2009-2010
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, URGING THE
FLORIDA PUBLIC SERVICE COMMISSION TO ADOPT
REGULATIONS THAT WOULD REQUIRE FLORIDA
POWER AND LIGHT TO ADOPT A REASONABLE NET-
METERING PROGRAM THAT WOULD MAKE THE
IMPLEMENTATION AND INST ALLA TION OF SOLAR
ENERGY MORE ECONOMICALLY FEASIBLE FOR
FLORIDA MUNICIP ALITIES; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of A ventura, Florida finds that it would be
beneficial for the environment and for the protection of public resources if policies and programs
were created by the Florida Public Service Commission to make it more economically feasible
for Florida municipalities to implement and install solar energy for municipal buildings; and
WHEREAS, the current net-metering program (owner receives retail credit for at least a
portion of the electricity they generate) adopted by Florida Power & Light does not make it
economically feasible to install a solar energy system for municipal facilities; and
WHEREAS, in order to protect the environment and deploy green technology, the City
Commission requests that Florida Public Service Commission review the net-metering program
of rate and revise its structure so that solar energy becomes an economically feasible alternative
for use for municipal facilities.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals. That each of the above stated recitals are hereby confirmed and
adopted.
Resolution No.2009-
Page 2
Section 2.
Support. The City Commission of the City of A ventura hereby urges the
Florida Public Service Commission to adopt policies, programs and incentives that would require
Florida Power and Light to adopt a reasonable net-metering program that would make the
implementation and installation of solar energy more economically feasible for Florida
municipalities.
Section 3.
Implementation.
That the City Manager is authorized to take any
action which is necessary in order to implement the purposes of this Resolution.
Section 4.
Effective Date. That this resolution shall become effective immediately
upon adoption hereof.
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
2
Resolution No.2009-
Page 3
PASSED AND ADOPTED this 6th day of October, 2009.
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
~h-0
City Attorney
Susan Gottlieb, Mayor
3
CITY OF AVENTURA
CITY MANAGER'S OFFICE
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Cit~
BY: Antonio F. Tomei, Capital Projec
DATE: September 25,2009
SUBJECT: Red Light Camera Improvements - Easement Dedication
NE 191st ST Westbound Traffic Monitoring at Biscayne Boulevard
October 6, 2009 City Commission Meeting Agenda Item 5 E
Recommendation
It is recommended that the City Commission adopt the attached Resolution allowing for
dedication and conveyance of a six (6) foot wide easement to the City of Aventura from
Champion Retail Limited Partnership needed for installation of an above ground red
light camera pole and underground electrical service lines.
Backaround
Easement dedication to the City is required to allow electrical connection to an existing
FPL transformer located on the private property to provide power to the pole mounted
cameras. In addition, the easement dedication will allow installation of the pole and
underground wiring in the private green area abutting the City's north right-of-way line of
NE 191 st ST. This will eliminate the need to remove and replace existing sidewalk and
allow for easy access for repairs and maintenance.
If you have any questions or need any additional information, please feel free to contact
me.
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF
DEDICATION AND CONVEYANCE OF EASEMENT FROM CHAMPION
RETAIL LIMITED PARTNERSHIP TO THE CITY OF AVENTURA TO
ALLOW INSTALLATION OF RED LIGHT CAMERA UTILITIES TO
MONITOR WESTBOUND TRAFFIC ON NE 191 STREET AT BISCAYNE
BOULEVARD: AUTHORIZING THE CITY MANAGER TO OBTAIN AND
EXECUTE INSTRUMENTS CONCERNING DEDICATION AND
CONVEYANCE; AUTHORIZING ACCEPTANCE OF DEDICATION AND
CONVEYANCE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission enacted Ordinance No. 2007-15 on October
18, 2007 amending Chapter 48 "Vehicles and Use of the Right of Way" by creating
Article III "Dangerous Intersection Safety; and
WHEREAS, Ordinance No. 2007-15 was amended by Ordinance No. 2009-05
enacted by the City Commission on March 3, 2009; and
WHEREAS, to continue the traffic safety objectives of these Ordinances,
installation of additional red light camera monitoring utilities is recommended; and
WHEREAS, dedication and conveyance of the private property to the City of
Aventura is required to allow for red light camera monitoring utilities for westbound NE
191 Street traffic; and
WHEREAS, the City Commission finds that it is appropriate and in the best
interest of the public to facilitate the dedication and conveyance of this private
property, and to accept the conveyance and dedication;
Resolution No.
Page 2
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1: That the easement dedication and conveyance, as reflected on the
attached documents is hereby accepted and the City Manager is hereby authorized to
cause such documents to be recorded in the Official Records of Miami-Dade County,
Florida, subject to confirmation by the City Attorney as to the legal form and sufficiency
of the Dedication and instrument of conveyance.
Section 2: That the City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Section 3: That this Resolution shall be effective immediately upon adoption
hereof.
The foregoing resolution was offered by
I who moved its
adoption. The motion was seconded by
and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor T eri Holzberg
Mayor Susan Gottlieb
Resolution No.
Page 3
PASSED AND ADOPTED this 6th day of October, 2009..
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROn~~NCY:
CITY ATTORNEY
UTILITY EASEMENT
This instrument prepared by:
Antonio F. Tomei
City of A ventura
19200 W. Country Club Drive
A ventura, Florida 33180
The undersigned ("Grantor") in consideration of the payment of $10.00
and other good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, grant and give to The City of A ventura, a
Florida municipal corporation, its licensees, agents, independent
contractors, successors and assigns, a utility easement for the installation,
construction, repair and maintenance of a red light camera monitoring
system (including appurtenant equipment and facilities); with the right to
install, construct, reconstruct, replace, improve, remove, inspect, repair
and maintain such facilities within the easement, subject to the terms and
conditions attached hereto as Exhibit "A". The utility easement area is
more particularly described and depicted on Exhibit "B" (the "Easement
Area").
Reserved for Circuit Court
Together with the right of ingress and egress in, over and across the Grantor's Property to
the Easement Area at all times, subj ect to the provisions in Exhibit" A " .
IN WITNESS .WHERE~the undersigned has signed and sealed this instrument on
this ~ day of 5epkm ~ , 2009.
Signed, sealed and delivered
in the presence of:
WITNESSES:
~ a'a.a~~
Signature of Witness
Print Name: (fIMt ~G1fr:;!YL
GRANTOR:
Champion Retail Limited Partnership, a
Florida limited partnership
By: Champion Retail, Inc., a Florida
Corporation, . s eneral Partner
~~m-
Signature of Witness
Print Name: 00(.d"o I Ab r C<.~~ 0"'1
By:
Biscayne Blvd., Suite 400
tura, Florida 33180
Address:
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 2't day of 5't:.1I+-~~009,
by Jacquelyn Soffer, as President of Champion Retail, Inc., as general partner of Champion
Retail Limited Partnership, a Florida limited partnership. She is personally known to m~ or has
provided as identification.
~ ~gr:rL-
STATE OF FLORIDA
[SEAL]
: "CTARY rUBLIC-STATE OF FlOPJDA
"<Jy.-l F b"l'~ ",,"':,\
;""LL...U .. l'i.U.t.:1jtJ"./,._,11
,t \_~OlnlTIissioH # DD::j~:41G2
/lJlR. 14, 2010
B:,l1wl'uI ~u U l;'u;..:.ntic Bonding CO.J Inc.
Notary Public, State of Florida
Print Name: C Dlro I At! "a..,M. 5"'/1
Commission Number: On 52.--+ I t2..-
Commission Expires: ........ J ,4- 11 C
EXHIBIT" A"
TO
UTILITY EASEMENT
TERMS AND CONDITIONS
1. Term. The term of this Easement shall be in perpetuity from the date of
recording, unless sooner terminated or abandoned as provided herein.
2. Improvements. As part of the City of Aventura's (the "City") Red Light Camera
Monitoring Project, the City shall perform and complete construction installation of one (1)
camera pole with attached cabinet and camera and two (2) inch conduits with encased wires,
including any appurtenant equipment, facilities and improvements, in the Easement Area (the
"Improvements") abutting the north right-of-way line ofNE 191 st Street to allow for monitoring
of westbound traffic. No other construction or installations in the Easement Area shall be
permitted without Grantor's written approval prior to the commencement of the work. All such
work shall be performed: (i) at the sole cost of the City; (ii) in a good and workmanlike manner;
(iii) in accordance with drawings and specifications approved and permitted by the City; and (iv)
in accordance with all applicable legal requirements.
The City shall require any contractor or subcontractor performing work within the
Easement Area to remove and dispose of all debris and rubbish caused by the work at intervals
which shall assure no interference with the remainder of Grantor's adjacent property. Any
reduction in the open space and landscape requirements on the Grantor's Property due to the
installation of the Improvements that results in non-compliance with the site development criteria
of the Property's zoning district shall be addressed in an administrative variance to be filed and
processed by the City in accordance with Section 31-76(i) of the City's Land Development
Regulations, at its sole cost and expense. Such administrative variance shall grant relief from the
open space and landscape requirements of the City's Land Development Regulations based on
the dedication of private property to the City, as requested by the City, and as provided in
Section 31-76(i).
3. Access to Easement Area. The City shall have the right of ingress and egress
to the Easement Area, including the right to access and enter upon the Grantor's Property in
order to install, construct, reconstruct, replace, improve, remove, inspect, repair and maintain all
Improvements within the Easement Area. The City's rights of ingress and egress shall be
exercised in such a manner so as to minimize interference with the business operations being
conducted on Grantor's Property. Grantor also grants the City a license to temporarily locate its
equipment and materials on the Grantor's Property immediately adjoining the Easement Area, as
may be necessary to install and construct the Improvements.
4. Maintenance of Easement Area. The City shall maintain and keep the
Improvements and the Easement Area, in good order, repair and condition. The City shall, at its
sole cost and expense, make all necessary and legally required structural and nonstructural
repairs to the Easement Area.
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5. Damage and Restoration. If, at any time during the term of this Easement, the
Improvements within the Easement Area shall be damaged or destroyed by accident or other
casualty of any kind or nature, the City, at its sole cost and expense, shall proceed with
reasonable diligence to repair, restore, replace or rebuild the Improvements within the Easement
Area as nearly as possible to its condition and character immediately prior to such damage or
destruction subject to changes or alterations as the City may elect to make.
6. Indemnification. To the extent permitted by law and subject to the provisions
and monetary limitations of Section 768.28, Florida Statutes, the City shall indemnify and hold
harmless Grantor, its successors and assigns, from and against any and all liabilities, demands,
fines, penalties, claims and any suit, proceeding and cause of action of every kind and nature
relating to or arising from the exercise of the City's rights under this Easement Agreement,
except for any claims arising or due to the acts or omissions of Grantor.
7. Abandonment. Should the City abandon the use of the Easement Area or
remove the Improvements and fail to replace, repair or modify same within one (1) year of
commencement of such abandonment, then and in such event, and upon written notice by
Grantor to the City of such abandonment and after an opportunity to cure, all rights and
privileges hereunder shall cease and the easements, privileges and rights herein granted shall
revert to Grantor. In such event, the City agrees to execute upon written notice a release of this
Easement.
8. Reservation of Rights. Grantor shall retain all eXlstmg rights of title and
possession in the Easement Area, subject to the City's rights to utilize the Easement Area subject
to the terms contained herein. The rights of title and possession of Grantor include, without
limitation, the right to use the land affected by the Easement for normal business purposes, the
right to grant easements for other utilities and to install and maintain other underground utility
service lines across the Easement Area. Notwithstanding the foregoing, Grantor, and its
successor and assigns, agree not to build, construct or create, or permit others to build, construct
or create any buildings, structures, facilities or other improvements on, over or under the
Easement Area or the Grantor's Property that may interfere with the Improvements installed by
the City or the City's use of the Easement Area, or adversely interfere with or affect the City's
rights hereunder.
9. Relocation. Grantor may, with the prior mutual agreement of the City, relocate
the Easement Area, as long as such relocation does not adversely affect the use, operation, and/or
level of service for the City's purposes and otherwise complies with the terms hereinafter set
forth. Grantor and the City shall mutually agree on a relocation of the Easement Area and such
relocation shall be accomplished in a manner so as to allow the City continued and uninterrupted
use of the Improvements so as to minimize the time of any disruption.
10. Miscellaneous.
(a) In the event it becomes necessary to enforce the litigation, any term or condition
of this Easement, the prevailing party shall be entitle to recover from the non-prevailing party all
of its costs and reasonable attorneys' fees at the trial in all appellate levels.
(b) This Easement shall be construed according to and governed by the laws of the
State of Florida.
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(c) This Easement shall be binding upon the City and Grantor, and their respective
successors and assigns.
(d) This Easement shall become effective on the date of recording of same in the
Public Records of Miami-Dade County, Florida, and may be modified only by an amendment
duly signed by the City and Grantor, its successors and assigns.
[SIGNATURE PAGES TO FOLLOW]
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4
IN WITNESS WHEREOF, the undersigned have signed and sealed this instrument on
the date set forth below their signatures.
Signed, sealed and delivered
in the presence of:
WITNESSES:
GRANTOR:
Champion Retail Limited Partnership, a
Florida limited partnership
CiM ~g/~
Signature of Witness
Print Name: &trvJ4 ~1f-e'Y2
By: Champion Retail, Inc., a Florida
Corporation, its neral Partner
~ ()AjvfrVK
By:
iscayne Blvd., Suite 400
ra, Florida 33180
Signature of Wiwess
Print Name: C..r 0 I A-- ~ /' ~ v"1- $..w1
Address:
Date Executed:
STATE OF FLORIDA )
SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ~day of 5"'~~, 2009,
by Jacquelyn Soffer, as President of Champion Retail, Inc., as general partner of Champion
Retail Limited Partnership, a Florida limited partnership. She is personally known to me or has
provided . as identificatlOn. -
(; 'i. 1 ~~ 2
~~ ~?r\-
Notary Public, State of Florida
Print Name: C""fC\ Ato/'c:>.W1-doY1
Commission Number: DO 52't 18' 2-
Commission Expires: '-t J 1;- J ,.0
f
[SEAL]
NOTARY Dcnuc.Sr;-:E ~.:: FLCiPJDA
;'i f-',
';', .~:~,~ L~~ :. 1}
j~,.'" /,r'~':', i ~'" :::CJ~U
Bonded Thc\~ i ~ ;,.;...iJUC E~)adinL \.\J., Inc.
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5
Attest:
Name:
Title: City Clerk
Approved as to legal form
and sufficiency:
By:
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
SS:
)
GRANTEE:
CITY OF AVENTURA,
a Florida municipal corporation
By:
Name:
Title: City Manager
Date Executed:
THIS IS TO CERTIFY, that on this day of , 2009, before
me, an officer duly authorized to take acknowledgements in the State and County aforesaid,
personally appeared , as CITY MANAGER of the CITY OF
A VENTURA, a Florida municipal corporation, on behalf of the municipal corporation, who (check
one) [ ] is personally known to me or [ ] produced
as identification.
[SEAL]
Notary Public, State of Florida
Print Name:
Commission Number:
Commission Expires:
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EXHIBIT "B"
TO
UTILITY EASEMENT
EASEMENT AREA
(Form attached hereto)
LEGAL DESCRIPTION: NE 19181 ST~EET UTILITY EASEMENT
A STRIP OF LAND e FEET IN WIDTH BI!ING A PORTION OF TRACT "An, SOFFER ReDLICH
PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 153, PAGE
66. OF THE PUBLIC RECORDS OF MIAMI~DADE COUNTY, FLORIDA. THE CENTERLINE OF
SAID STRIP DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "An: THENCE NORTH
87"35'25" EAST. ALONG THE SOUTH BOUNDARY OF SAID TRACT "A", A DISTANCE OF
15.96 FEET; THENCE NORTH 02.24'35" WEST, A D'ST~CE OF 3.00 FEET TO THE POINT
OF BEGINNING OF SAID CENTERLINE: THENCE NORTH 87.36'25" EAST. ALONG A LINE
3.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO AND PARALU!L WITH THE
SOUTH BOUNDARY OF SAID TRACT nA", A DISTANCE OF 106.71 FEET: THENCE NORTH
02"24'35" WEST, A DISTANCE OF 82.93 FEET TO THE POINT OF TERMINUS. THE
SIDEUNES OF SAID STRIP ARE LENGTHENED OR SHORTENED TO FORM A
CONTINUOUS STRIP OF LAND.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA.
CONTAINING 1,018 SQUARE FEET.
NOTI!:S:
1. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN. THE SOUTH
BOUNDARY OF SAID TRACT "A" BEARS NORTH 87"35'25" EAST.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER
61G17-6 (FLORIDA ADMINISTRATIVE CODE), MINIMUM TECHNICAL STANDARDS FOR
LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGUI-ATION, BOARD OF PROFESSIONAL LAND
SURVEYORS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF
THE FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF OUR
KNOWLEDGE AND BEl.IEF.
CRAVEN THOMPSON & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB271
DOUGLAS M. DAVIE
PROFESSIONAL SURVeYOR AND MAPPER NO. 4343
STATE OF FLORIDA
SHEET 1 OF 2
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DMDldnad
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7
. CRAVEN -THOMPSON & ASSOCIATE~..L.l~C.
. ENGINEERS. PLANNERS · SURvt. YlJRS
~fF6J N.w. ~.JR{) STREET; FORT lAUDERDAlE, f1.ORIDA .J.J:J09 FAX.. (95t) 7J9-6409 TEL.: (95-1) 7j9-6-100
IiIlII[; . Fl.ON/Dol UaHSEtJ ffl6tNCERW(;. SIJR~'t1Nr; ~ MAPPING BUSlNESS Nt>. .271
. !1.()RI{)/1 UCENSSJ I.ANOS(;",PE ARCH/lCCnmc BUSINESS Nt>. COOOIU
I/AltM4L SHQW; HDf(()II!S 1Hl1't/(J/I'CIt1r or ClWt'N. _.r(IN ~ ASSllCtAIt.l; INC. AND 5HAlL NDr K I/CMODUCS> IIN<U <>t J/( P.AJ/1 tlt1liDIJT
_SSJOIf V CltAIfA'. _.$ll!f . Jlsst/GlATf'.!; INC. _,.. <ltAKlY. _ A IW:. OP_T :1C04
FOR: City of Aventura
!:1Qll;: THIS IS l!Q! A SKETCH or SURVEY, bill only 0 9'oph;,; depletion
or u.. ~.e'ipliOl' "o..n he'..",. There h"" bnn no ffold .or~. vIe."9 of
th. r-ub}tCt properly. Of' mo..vrnents ..1 '" c.onnlfC:t1on wIth the pr~arotion
oJ (h. inlormotlon .hown hereon.
SKETCH TO ACCOMPANY DESCRIPTION
UTILITY EASEMENT
TRACT "0"
POINT OF TERMINUS
b
]'
..-
II
W
~
(J)
TRACT "A"
SOFFER REDLICH PLA T
AM IJO()I{ IJJ PAGe ~
IJ}AIJf-DADC COUNTY RCCOROS
POIN T OF COMMENCEMEN" ~
sit' CORNeR TRACT ;(
5 BOUNDARY ~
TRACT ~A' -,
N.E. 1915~~TI!E~T___L_
----------"7ilRIGHT OF WA Y
--~----_._-------_._._---
UPDATES and/or REVISIONS
DATE
8V
SHEET 2 or 2 SHEETS
CI('O .!IIm; n.. un.......igfl.d and CRA\f:N-lHOUPSON .. ASSOCfAlES. [He. ...ok. no
rep.......totlon. or 91l0l'O"!." o. 10 Ill. IcllormollOll ,.Wee.ed /rereQn porlolnln9 10
....-"'t.. rlOhla....f-woy, ... bClCII linta. ral_liona, 09""mlll\l. ond o!hw
sIm~'" maU.". ood lurlh.... Ihl. Inaltum..1 I. nol lolt.nelld to ,,'Iect or nl IOtth
au Slob d>oU.... Suc:h Information 1Ill""lel b. obtolfted "I'd clltlll,mll4 by olha..
Ihr....9h approprlot. tme -'''callan.
wm; lands silo.... hereon .wera not obllr<lcted lor rI<lhl-of-woy on4/", .
_aMlllt, of ~ord.
G: \2001 \OIOIOJ.l09\OIlC\s.o fLf:C f"SMT.DItC
CHECKED BY: TeS r.B.N/A PC.N/A OATI:O:05/27/09
JOB NO.: 01-0103-087 DRAWN BY: DMD
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8
JOINDER AND CONSENT
The undersigned Mortgagee joins in and consents to the foregoing Utility Easement
granted to the City of A ventura for the purpose of consenting to same and subordinating the lien
of the Amended and Restated Mortgage, Assignment of Rents and Security Agreement and
Notice of Future Advance recorded on _, in Official Records Book
Page _ of the Public Records of Miami-Dade County, Florida, to the effect of such Utility
Easement, and agreeing for itself and those claiming under it, its successors and assigns, to be
bound by the provisions of such Utility Easement.
IN WITNESS WHEREOF, these presents have been executed this Joinder and Consent
this _ day of , 2009.
WITNESSES:
MORTGAGEE:
BANK OF AMERICA, N.A., a national
banking association
Signature of Witness
Print Name:
By:
Name:
Title:
Date:
Signature of Witness
Print Name:
Address:
COUNTY OF
)
SS:
)
STATE OF
The foregoing instrument was acknowledged before me this _ day of ,2009, by
, as , of Bank of America, N.A., a
national banking association, on behalf of the company, (check one) who [ ] is personally known
to me or [ ] has produced , as identification.
[SEAL]
Notary Public, State of Florida
Print Name of Notary
Commission No.
Commission Expires:
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comments) DOC
9
JOINDER AND CONSENT
The undersigned Mortgagee joins in and consents to the foregoing Utility Easement for
the purpose of consenting to same and subordinating the lien of its Leasehold Mortgage and
Security Agreement recorded in Official Records Book 19027, Page 2759 of the Public Records
of Miami-Dade County, Florida, to the effect of such Utility Easement, and agreeing for itself
and those claiming under it, its successors and assigns, to be bound by the provisions of such
Utility Easement.
IN WITNESS WHEREOF, these presents have been executed this Joinder and Consent
this _ day of ,2009.
WITNESSES:
MORTGAGEE:
The Hemisphere National Bank, a national
banking association
Signature of Witness
Print Name:
By:
Name:
Title:
Date:
Signature of Witness
Print Name:
Address:
STATE OF
)
SS:
)
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,2009, by
, as , of The Hemisphere National
Bank, a national banking association, on behalf of the Bank, (check one) who [ ] is personally
known to me or [ ] has produced , as identification.
[SEAL]
Notary Public, State of Florida
Print Name of Notary
Commission No.
Commission Expires:
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comments).DOC
10
JOINDER AND CONSENT
The undersigned Ground Lessee, J.S. (Champion) LLC, joins in and consents to the
foregoing Utility Easement granted to the City of A ventura for the purpose of consenting to same
and subordinating the lien of its Ground Lease Agreement evidenced by Memorandum of Lease
recorded in Official Records Book 19027, Page 2753, of the Public Records of Miami-Dade
County, Florida, to the effect of such Utility Easement, and agreeing for itself and those claiming
under it, its successors and assigns, to be bound by the provisions of such Utility Easement.
IN WITNESS WHEREOF, these presents have been executed this Joinder and Consent
this _ day of , 2009.
WITNESSES:
GROUND LESSEE:
lS. (Champion), LLC, a Florida limited liability
company
By: Tumberry Retail Holding, L.P., a
Delaware limited liability partnership, its
Manager (and Sole Member)
By: Tumberry Retail Subsidiary, GP, LLC, a
Delaware limited liability company, its
General Partner
~ ~aLl<7f/------
SIgnature of Witness
Print Name: (}1M4 G~~
By: Tumberry Retail Developers, L.P., a
Delaware limited partnership, its
Managing Member
By: Tumberry Retail GP, LLC, a Delaware
limited liability company, its General
Partner
rw ~jmL
Signature of Witrwss .
Print Name: L:tl-r,p/ At1~tyln-?~V1
Date:
n So er, Managing Member
Address:
Biscayne Blvd., Suite 400
tura, Florida 33180
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comments) DOC
11
STATE OF r /cYYj cia. )
SS:
COUNTY OF f\ \ ~JW\. f)a.JL- )
The foregoing instrument was acknowledged before me this 2.t- day of 5 ~pt- , 2009, by
Jacquelyn Soffer, Managing Member of Tumberry Retail, GP, LLC, a Delaware limited liability
company, general partner of Turnberry Retail Developers, L.P., a Delaware limited partnership,
Managing Member of Tumberry Retail Holding, L.P., a Delaware limited partnership, manager
and sole member of J.S. (Champion), LLC, a Florida limited liability company, on behalf of the
company, (check one), who [/] is personally known to me or [ ] has produced
, as identification.
[SEAL]
-', ~;~'l C ~
. L . ~ '-- _ _.L
q')
Bon....ll~'- j iH \.." ,
/' "-) : ":', . 1-, ':. '~:I ." ()
":. .l.lI.U::;lt :~:w.> l~JC,
~ ~J-VL
Notary Public, State of Florida
c..,. ro I Ala r~.Ni. t;loYl
Print Name of Notary
Commission No. 0 () 0' 2. '-t I 8' 2-
Commission Expires: '-+ J I '+ I to
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comments ).DOC
12
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City M
TO: City Commission
DATE: September 28,2009
SUBJECT: Resolution Declaring Equipment Surplus
October 6, 2009 Commission Meeting Agenda Item !) r
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
CC01666-09
CITY OF A VENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO:
Eric M. Soroka, City Manager
FROM:
Steven Steinberg, Chief of Police
DATE:
25 September2009
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:
Serial #
Awe Svst. Tech Silencer 5.56 mm 980256
AWe Syst. Tech Silencer 5.56 mm 980253
AWe Syst. Tech Silencer 5.56 mm 980251
AWe Syst. Tech Silencer 5.56 mm 980252
AWe Syst. Tech Silencer 5.56 mm 980254
AWe Syst. Tech Silencer 5.56 mm 980255
AWe Syst. Tech Silencer 5.56 mm 980259
AWe Syst. Tech Silencer 5.56 mm 980260
AWe Syst. Tech Silencer 5.56 mm 980261
AWe Syst. Tech Silencer 5.56 mm 980262
Serial #
H&K UMP .40 162-003465
H&K UMP .40 162 -003461
H&K UMP .40 162-003457
H&K UMP .40 162-003456
H&K UMP .40 162-003460
H&K UMP .40 162-003462
H&K UMP .40 162 -003463
H&K UMP .40 162-003464
H&K UMP .40 162-003466
H&K UMP .40 162-003467
H&K UMP .40 162-003468
H&K UMP .40 162-003469
H&K UMP .40 162-003470
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner _" who moved its
adoption. The motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 6th day of October, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
NM~
CITY ATTORNEY
,,;~........
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
irector
FROM:
Eric M. Soroka, IC
City Manager
BY:
Joanne Carr, AIC
Community Develop
DATE: August 4,2009
SUBJECT: Proposed Amendment to City Code to Add Article VI. to
Chapter 14 to establish a Green Building Program for
the City of Aventura (01-CC-09)
,.....-..
September 1, 2009 City Commission Meeting Agenda Item!1:ft
October 6, 2009 City Commission Meeting Agenda Item 1? Ii
RECOMMENDATION
It is recommended that the City Commission approve the ordinance attached to this
report, amending the City Code to add Article VI. to Chapter 14 "Buildings and Building
Regulations" to establish a Green Building Program for the City of Aventura.
THE AMENDMENT
To continue and expand the City's "Go Green" program to promote green initiatives and
following discussion at the June 16 and July 18 City Commission workshop meetings, staff
has drafted the attached ordinance to establish a Green Building Program for
developments within the City. Green buildings use environmentally superior building
materials, reduce waste generated by construction, employ mechanical systems and
technologies that are energy efficient, conserve water and are designed to minimize
impacts on local natural habitat. Green buildings are healthier for the occupants than
traditional construction by relying on natural daylight for illumination and using less toxic
building and cleaning materials.
The proposed ordinance provides for voluntary participation by private developments in
the City and provides incentives based on the LEED@ rating level that a building achieves.
Those incentives are as follows:
For LEED@ Certified and Silver Buildinqs:
· Expedited building permit review and inspection, so that applications for green
buildings would be given review and inspection priority over applications that do
not involve a green building
· Expedited site plan review with priority given to applications for green buildings
· Marketing of green buildings on site construction signs.
· Plaque on the building designating the project under the Program.
The two latter incentives require amendment to the City's Sign Code to permit the building
plaque and the additional language on construction signs. A Land Development
Regulation amendment ordinance has been prepared and is on the September 1 City
Commission meeting agenda as a separate item.
· Inclusion of green buildings on the "Go Green" page on the City's website to
recognize the building and to direct businesses that wish to lease or buy in a
green building.
· Eligibility for Green Building Award at the annual "Go Green" awards ceremony.
· Administrative variances to allow orientation of the building to take full
advantage of available natural resources, such as yard setbacks, landscape
buffers, driveways, and/or architectural design standards needed to support the
proposed design in the opinion of the City Manager.
The administrative variances proposed require an amendment to the City's Land
Development Regulations to allow these variances. An amending ordinance has been
prepared and is on the September 1 City Commission meeting agenda as a separate item.
For LEED@ Gold or Platinum Buildinqs:
In addition to the incentives above for LEED@ Certified and Silver buildings:
.-
· FAR bonus, with a 25% maximum increase of permitted FAR, as a conditional use
approval rather than a variance approval. This would provide a compatibility
standard rather than a hardship standard for increased floor area for this level of
certification.
· Lot coverage bonus, to a maximum 80% lot coverage, as a conditional use,
provided that the building has a green roof or green rooftop amenities and provides
increased Florida-Friendly tree canopy and Florida-Friendly plantings to calm the
heat island effect on site, in an amount equal to the requested lot coverage
increase.
2
Both of these incentives require amendment to the City's Land Development Regulations
to add these bonuses to the list of conditional uses in zoning districts. An amending
ordinance has been prepared and is on the September 1 City Commission meeting
agenda as a separate item.
In order to ensure that incentives are provided only for certified green buildings, the
ordinance adds to the City Code, definitions of words used in the ordinance, adds a
requirement that the developer enter into an agreement with the City to provide a copy of
program registration, proposed certification checklist, detail of proposed credits for
certification and provides that the LEED@ checklist items must be shown on the building
permit as a condition of permit issuance. For LEED@ Gold and Platinum buildings, the
proposed level of certification is to be guaranteed by bond or letter of credit, which would
be forfeited to the City if the level is not attained. The bond or security amount is
recommended at 1 % of construction costs.
The ordinance further provides that certification of the building will be made by the Green
Building Certification Institute; that program information will be posted on the City website
for the purpose of educating potential or current program participants; that City staff are
encouraged to attend green building training; and that staff will annually review the
program to determine need for changes to increase its effectiveness and report on such
review to the City Commission.
,,-.........
3
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF
A VENTURA BY ADDING NEW ARTICLE VI. ENTITLED
"GREEN BUILDING PROGRAM" TO CHAPTER 14
"BUILDINGS AND BUILDING REGULATIONS" OF THE
CITY CODE; ESTABLISHING DEFINITIONS,
STANDARDS, PROCEDURES, REQUIREMENTS AND
INCENTIVES; PROVIDING FOR VOLUNTARY
PARTICIPATION RELATING TO NEW CONSTRUCTION
OR SUBSTANTIAL RENOVATIONS AS PROVIDED IN
THE ARTICLE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, a green building is a structure that is designed, built, renovated,
operated or reused in an ecological and resource efficient manner; and
WHEREAS, the Leadership in Energy and Environmental Design (LEED@)
Green Building Rating System, developed by the U.S. Green Building Council (USGC)
provides standards for environmentally sustainable construction; and
WHEREAS, the hallmark of LEED@ is that it is an open and transparent process
where the technical criteria proposed by the LEED@ Committees are publicly reviewed
for approval by the more than 10,000 membership organizations that currently
constitute the USGBC; and
WHEREAS, green building construction results in benefits to the environment,
economy and health of the community; and
WHEREAS, the City Commission has determined that due to these benefits, it is
in the best interest of the public health, safety and welfare of the citizens, residents and
workers in the City of Aventura to provide an incentive program for private new
construction and substantial renovations to LEED@ standards.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, AS FOLLOWS:
Section 1. FindinQs. That the foregoing "Whereas" clauses are hereby
- ratified and incorporated as the legislative intent of this Ordinance.
Ordinance No. 2009 -
Page 2
Section 2. Article VI, Green Buildin~s Pro~ram, Added to Chapter 14 of
City Code. That the following text is hereby added as Article VI of Chapter 14
"Buildings and Building Regulations" of the City Code 1:
"Article VI. Green Buildin~ Pro~ram
Section 14-110. Definitions
The followinq words, terms and phrases, when used in this article, shall have the
meaninqs ascribed to them in this section, except where the context clearly indicates a
different meaninq or as may be amended from time to time.
BuildinG means any structure havinq a roof supported by columns or walls and used or
built for the shelter or enclosure of persons or property and includes the word structure
and includes any part thereof.
City means the City of Aventura.
Construction means any proiect associated with the creation, development, or erection
of any buildinq eliqible for the proqram.
Current means the standard in place at the time a proqram participant submits a
proiect application form with the iurisdiction.
Florida Friendlv PlantinGs means trees and plants that conserve water and protect the
environment by usinq drouqht tolerant landscapinq, accordinq to desiqn standards and
any amendments thereto developed pursuant to F.S. 373.228.
Green BuildinG means a buildinq whose desiqn, construction and operation promotes
the preservation of resources and environmentally sensitive construction practices,
systems and materials. In makinq the determination of whether a structure is a qreen
buildinq, the City shall rely on the review, evaluation and reqistration, certificate and/or
verification of the desiqn by the U.S. Green Buildinq Council. or other recoqnized
qreen buildinq ratinq system approved by resolution of the City Commission, subiect to
the requirements of this article.
Green BuildinG Certification Institute (GBCI) means the orqanization which administers
and provides third party proiect certification for commercial and institutional buildinqs
and tenant spaces under the U.S. Green Buildinq Council's Leadership in Enerqy and
Environmental Desiqn (LEED) Green Buildinq Ratinq Systems.
1 Underlined text indicates proposed additions to the City Code: stricken throuqh text indicates proposed
deletions from existinq City Code text.
Ordinance No. 2009 -
Page 3
Green BuildinG ProGram means the proqram outlined in this ordinance for obtaininq
incentives for qreen buildinqs and developments.
Green Development means the use of sustainable buildinq and development planninq
methods utilized in a way that result in minimum impact on natural resources, enerqy
consumption. use of water, use of raw materials and waste qeneration, thereby
affordinq inhabitants a potentially hiqher quality of life.
LEED@ means Leadership in Enerqy and Environmental Desiqn (LEED@) Green
Buildinq Ratinq System developed by the US Green Buildinq Council. or other
recoqnized qreen buildinq ratinq system approved by resolution of the City Commission.
Participant means private property owners.
ProGram means the City's Green Buildinq Proqram.
Proqram Certification means the final desiqnation awarded to a proqram participant by
the GBCI for satisfyinq all requirements associated with the proqram for a particular
proiect.
Proqram Participant means any person or entity seekinq proqram certification for a
particular proiect.
Proiect means any construction associated with the creation, development. or erection
of any buildinq eliqible for the proqram.
Proiect Application Form means the form submitted to the iurisdiction indicatinq that a
proqram participant is interested in participatinq in the proqram for a particular proiect.
Structure means anvthinq constructed or installed, the use of which requires a location
on a parcel of land. Amonq other thinqs. it includes roads. driveways, walkways, paths,
fences, patios, decks, swimminq pools, tennis courts, poles, pipelines. transmission
lines, tracks, siqns, sheds, docks and other accessory construction.
Sub-proGram means any area of construction covered by the proqram.
Substantial Renovation means a renovation at a cost exceedinq 50 percent of the value
of the buildinq as determined by the Citv's Buildinq Official.
.-
Sustainable Construction means the process of environmentally sensitive, resource
efficient site selection, preparation, desiqn, construction. and operation of buildinqs.
-
Ordinance No. 2009 -
Page 4
Any word not defined herein shall be construed as provided in Section 31-21 of the City
Code, or in the Florida Buildinq Code. if provided therein, and if in conflict. the most
restrictive shall apply.
Section 14-111. Purpose and Intent
The purpose of this article is to establish and promote qoals, proqrams and procedures
that will help the City become a more sustainable community. This proqram shall define
and establish environmental qoals and standards for a LEED certification-based qreen
buildinq proqram with incentives and bonuses. This proqram will promote economic
and environmental health in the City throuqh sustainable and environmentally friendly
desiqn and construction.
Section 14-112. Administration and Implementation of the Proaram.
The Proqram shall be administered by City Manaqer or desiqnee, who shall be
responsible for:
,.""'-
(a) marketinq the Proqram to the community by any reasonably effective means,
includinq but not limited to press releases, television advertisinq or advertisinq in
electronic or print mailers;
(b) developinq any appropriate or necessary application procedures, includinq but
not limited to, the Proqram application form and developer aqreement form;
(c) writinq policies and procedures for staff implementation of the Proqram;
(d) providinq and implementinq an incentive award as herein provided to any
Proqram Participant who has committed to and/or successfully satisfied the
requirements of the Proqram; and
(e) resolvinq disputes that may arise from implementation of the Proqram.
Section 14-113. Green Buildina Proaram Applicability.
This Proqram shall be voluntary for all private buildinqs involvinq new construction or
Substantial Renovation.
Section 14-114. Green Buildina Standards.
In addition to the Florida Buildinq Code minimum standards, the Proqram shall be
administered usinq the then current standards developed by the U.S. Green Buildinq
Council (USGBC). These standards shall apply to each Sub-Proqram as follows:
-
fill
New Buildinqs: The Proqram Participant shall satisfy all of the requirements
..,.JijliOioo..
Ordinance No. 2009 -
Page 5
associated with the then current USGBC LEED@ 2009 for New Construction,
or the most current version, or other derived USGBC LEED@ ratinq system
as applicable to the proiect type (e.q. LEED@ for Core & Shell. LEED@ for
Schools, LEED@ for Health Care) Proqram; and
Dll Renovation of Existinq Buildinqs: The Proqram Participant shall satisfy all of
the requirements of the then current LEED@ certification for Existinq
Buildinqs: Operations & Maintenance, or other LEED@ Ratinq System as may
be applicable based on the scope of work performed as part of the
renovations.
If there is a conflict between the USGBC standards and the Florida Buildinq Code
(FBC) or Florida Fire Prevention Code (FFPC), the FBC and FFPC take precedence.
Section 14-115. Incentives and Bonuses; Aareement and Bond ReQuirements.
_.
The Proqram shall consist of incentives/bonuses (collectively referred to as "incentives"
when the context requires) desiqned to encouraqe the use of the Proqram and listed in
this section. Incentives and bonuses shall be administered by the City Manaqer or
desiqnee on an incremental basis based on level of certification to be attained and
subiect to full documentary evidence beinq provided to the satisfaction of the City
Manaqer or desiqnee and in accordance with the criteria established by this article and
the pertinent provisions of the Land Development Code.
I. For those buildinqs that attain LEED@ Certification or LEED@ Silver Certification
(i) Expedited site plan review, that is, site plan applications for qreen buildinqs
shall be qiven priority review by the City;
(ii) Expedited buildinq permit review, that is, buildinq permit applications for
qreen buildinqs shall be qiven priority review by the City;
(iii) Marketinq incentives includinq Proqram participation announcement on the
site construction siqn; a plaque not to exceed two square feet to be
attached to the Buildinq desiqnatinq the proiect under the Proqram, subiect
to the review and approval of the City Manaqer or desiqnee; such plaque
shall be treated as a qovernmental information siqn exempt from permittinq
but subiect to other requlations as provided in the City Code; the inclusion
of Proqram Participants and their Buildinq information on the City's "Go
Green" webpaqe; press releases; and eliqibility for Green BuildinQ award in
the City's annual "Go Green" awards proqram.
(iv) Administrative variances to allow orientation of the Buildinq to take full
advantaqe of available natural resources, such as yard setbacks, landscape
buffers, driveways and/or architectural desiqn standards needed to support
the proposed desiqn in the opinion of the City Manaqer or his desiqnee.
-
Ordinance No. 2009 -
Page 6
II. For those Buildinqs that attain LEEO@ Gold Certification or Platinum Certification
(i) All of the incentives in I. above: and
(ii) Floor Area Ratio (FAR) bonus, to a maximum 25% increase of permitted
FAR. but not to exceed an FAR of 2.0 for properties with a Business &
Office Future Land Use Oesiqnation, usinq the conditional use approval
standards in Section 31-73 of the City Code rather than the variance
approval standards in Section 31-76 of the City Code: and
(iii) Lot coveraqe bonus, to a maximum of 80% lot coveraqe. provided that a
qreen roof and/or qreen rooftop amenities are provided and maintained
for the common benefit of buildinq occupants; and; that increased Florida-
Friendly tree canopy and Florida-Friendly plantinqs desiqned to calm the
heat island effect are located on site. all in an amount equal to the
requested increased lot coveraqe. usinq the conditional use approval
standards in Section 31-73 of the City Code rather than the variance
approval standards in Section 31-76 of the City Code.
Prior to filinq an application for award of incentives and/or bonuses, the Proqram
Participant shall reqister their intent with the USGBC for LEEO@ certification and obtain
in writinq a proposed checklist of certification points that may be attainable for the
proiect. The Proqram Participant shall then be required to attend a pre-application
meetinq with the City Manaqer or desiqnee for the purpose of a review of the proposed
certification checklist and detail of proposed credits for certification. The checklist and
certification details shall be confirmed throuqh a written aqreement between the
property owner and the City. in the form prescribed by the City. and throuqh a covenant
recorded in the public records in form approved by the City Attorney. that the proposed
manner of compliance with LEEO@ certification as provided by the Proqram quidelines,
policies and procedures will be incorporated into the development and maintained in
perpetuity. All checklist items will be shown and/or noted on the plans submitted for
buildinq permit approval. as a condition of permit issuance.
Prior to filinq an application for award of incentives and/or bonuses for LEEO@ Gold
and Platinum buildinqs described in Paraqraph numbered II. of this section. in addition
to the requirements of the precedinq paraqraph, the Proqram Participant shall provide a
performance bond or other security in form approved by the City Manaqer and City
Attorney as follows:
(i) the bond or security shall be in an amount equal to one (1 %) percent of the
value of proposed costs of construction as approved by the City's Buildinq
Official;
(ii) the bond or security shall be submitted at the time of filinq of any application
Ordinance No. 2009 -
Page 7
for award of incentives and/or bonus;
(iii) the bond or security shall be subiect to call bv the City 180 days from the
issuance of the certificate of occupancy or certificate of completion,
whichever first occurs, if LEED@ certification has not been achieved bv that
time. Reasonable extensions of time. up to a maximum of one (1) year from
the issuance of the certificate of occupancy or certificate of completion
whichever first occurs, may be qranted bv the City Manaqer or his desiqnee
for qood cause.
If the Program Participant is awarded an incentive and/or bonus provided herein and
fails to complete LEED@ certification as committed within one (1) year from the
issuance of the certificate of occupancy or certificate of completion. whichever first
occurs, then the City Manaqer or desiqnee shall deem such bond or security forfeited to
the City for any lawful qovernmental purpose identified bv the City Commission; and
.",--...
If the proiect receives LEED@ certification at the level described in the aqreement and
covenant prior to the expiration of the 180 day period provided for above. or extensions
of time qranted bv the City Manaqer or desiqnee, and the bond has not been forfeited
as provided above, then the bond or security may be released followinq submittal to the
City of written proof of level of LEED@ certification bv the USGBC.
Section 14-116. Certification.
The proiect shall be subiect to certification bv the Green Buildinq Certification Institute.
Section 14-117. Education and Training.
(a) The City shall post Proqram information on its website for the purpose of educatinq
potential or current Proqram Participants about the Proqram.
(b) The City shall encouraqe staff from the Buildinq Division. Planninq and Zoninq
Division of the Community Development Department and from the Public Works
Division of the Community Services Department to attend qreen buildinq traininq.
Section 14-118. Program Review.
(a) Staff review. The City shall provide for a review of the Proqram to determine the
need for chanqes in the Proqram to increase it effectiveness.
(b) FreQuencv. The Proqram shall be subiect to review one year after the effective
date of this article and thereafter at a frequency of not more than once per year.
(c) Purpose. The purpose of reviewinq the Proqram includes but is not limited to
updatinq Proqram standards, incentives and bonuses, recommendinq Proqram or
~-
Ordinance No. 2009 -
Page 8
marketinq chanqes, reviewinq suqqestions made bv Proqram Participants, and
reportinq to the City Commission.
Section 3. 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 4. Inclusion in the Code. That it is the intention of the City
Commission and it is hereby ordained that the provisions of this Ordinance shall
become and made a part of the City Code of the City of Aventura.
Section 5. Effective Date. That this Ordinance shall be effective upon
passage by the City Commission on second reading, subject to passage by the City
Commission on second reading of amendments to Chapter 31 of the City Code, Land
Development Regulations, required to implement the incentive and/or bonus provisions
of this Ordinance, as applicable.
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
~
~..........
Ordinance No. 2009 -
Page 9
PASSED on first reading this 1st day of September, 2009.
PASSED AND ADOPTED on second reading this 6th day of October, 2009.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
~~,
APPROVED AS TO lEGA~Y:
;--rf In, -
CITY A TIORNEY
""';;~.
!JlJ..h~-h \/a-fe
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY
CODE OF THE CITY OF AVENTURA BY ADDING NEW ARTICLE VI. ENTITLED
"GREEN BUILDING PROGRAM" TO CHAPTER 14 "BUILDINGS AND BUILDING
REGULATIONS" OF THE CITY CODE; ESTABLISHING DEFINITIONS,
STANDARDS, PROCEDURES, REQUIREMENTS AND INCENTIVES; PROVIDING
FOR VOLUNTARY PARTICIPATION RELATING TO NEW CONSTRUCTION OR
SUBSTANTIAL RENOVATIONS AS PROVIDED IN THE ARTICLE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS a green building is a structure that is designed, built, renovated, operated or
reused in an ecological and resource efficient manner; and
WHEREAS the Leadership in Energy and Environmental Design (LEED@) Green
Building Rating System, developed by the U.S. Green Building Council (USGC)
provides standards for environmentally sustainable construction; and
WHEREAS the hallmark of LEED@ is that it is an open and transparent process where
the technical criteria proposed by the LEED@ Committees are publicly reviewed for
approval by the more than 10,000 membership organizations that currently constitute
the USGBC; and
WHEREAS green building construction results in benefits to the environment, economy
and health of the community; and
WHEREAS the City Commission has determined that due to these benefits, it is in the
best interest of the public health, safety and welfare of the citizens, residents and
workers in the City of Aventura to provide an incentive program for private new
construction and substantial renovations to LEED@ standards; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, AS FOLLOWS:
Section 1. Findings. That the foregoing "Whereas" clauses are hereby
ratified and incorporated as the legislative intent of this Ordinance.
Section 2. Article VI, Green Buildings Program, Added to Chapter 14 of
City Code. That the following text is hereby added as Article VI of Chapter 14
"Buildings and Building Regulations" of the City Code 1:
1 Underlined text indicates proposed additions to the City Code: stricken throuah text indicates proposed
deletions from existina City Code text. Double underlined text indicates proposed additions from first
readina text a@l;I~le stri€lkeR tl:trel;lf.11:l text indicates proposed deletions from first readina text.
Ordinance No. 2009 -
Page 2
"Article VI. Green Buildina Proaram
Section 14-110. Definitions
The followino words, terms and phrases. when used in this article. shall have the
meaninos ascribed to them in this section, except where the context clearly indicates a
different meanino or as may be amended from time to time.
Buildina means any structure havino a roof supported by columns or walls and used or
built for the shelter or enclosure of persons or property and includes the word structure
and includes any part thereof.
City means the City of Aventura.
Construction means any project associated with the creation. development. or erection
of any buildino elioible for the prooram.
Current means the standard in place at the time a prooram participant submits a
project application form with the jurisdiction.
Florida Friendlv Plantinas means trees and plants that conserve water and protect the
environment by usino drouoht tolerant landscapino, accordino to desion standards and
any amendments thereto developed pursuant to F.S. 373.228.
Green Buildina means a buildino whose desion, construction and operation promotes
the preservation of resources and environmentally sensitive construction practices.
systems and materials. In makino the determination of whether a structure is a oreen
buildino. the City shall rely on the review, evaluation and reoistration. certificate and/or
verification of the desion by the U.S. Green Buildino Council, or other recoonized
oreen buildino ratino system approved by resolution of the City Commission. subiect to
the requirements of this article.
Green Buildina Certification Institute (GBCI) means the oroanization which administers
and provides third party proiect certification for commercial and institutional buildinos
and tenant spaces under the U.S. Green Buildino Council's Leadership in Eneroy and
Environmental Desion (LEED) Green Buildino Ratino Systems.
Green Buildina Proaram means the prooram outlined in this ordinance for obtainino
incentives for oreen buildinos and developments.
Green Development means the use of sustainable buildino and development plan nino
methods utilized in a way that result in minimum impact on natural resources, eneroy
Ordinance No. 2009 -
Page 3
consumption, use of water. use of raw materials and waste Qeneration. thereby
affordinQ inhabitants a potentiallv hiQher qualitv of life.
LEEO@ means Leadership in Enemv and Environmental DesiQn (LEED@) Green
BuildinQ RatinQ System developed bv the US Green BuildinQ Council. or other
recoQnized Qreen buildinQ ratinQ system approved bv resolution of the City Commission.
Participant means private property owners.
ProGram means the City's Green BuildinQ ProQram.
ProGram Certification means the final desiQnation awarded to a proQram participant bv
the GBCI for satisfvinQ all requirements associated with the proQram for a particular
proiect.
ProGram Participant means any person or entity seekinQ proQram certification for a
particular proiect.
Proiect means any construction associated with the creation. development. or erection
of any buildinQ eliQible for the prOQram.
Proiect Application Form means the form submitted to the iurisdiction indicatinQ that a
prOQram participant is interested in participatinQ in the proQram for a particular proiect.
Structure means anvthinQ constructed or installed, the use of which requires a location
on a parcel of land. AmonQ other thinQs. it includes roads, driveways. walkwavs. paths,
fences, patios. decks. swimminQ pools, tennis courts, poles. pipelines. transmission
lines. tracks. siQns. sheds. docks and other accessory construction.
Sub-proGram means any area of construction covered bv the proQram.
Substantial Renovation means a renovation at a cost exceedinQ 50 percent of the value
of the buildinQ as determined bv the City's BuildinQ Official.
Sustainable Construction means the process of environmentallv sensitive. resource
efficient site selection, preparation, desiQn, construction, and operation of buildinQs.
Anv word not defined herein shall be construed as provided in Section 31-21 of the City
Code. or in the Florida BuildinQ Code. if provided therein. and if in conflict. the most
restrictive shall applv.
Ordinance No. 2009 -
Page 4
Section 14-111. Purpose and Intent
The purpose of this article is to establish and promote qoals. proqrams and procedures
that will help the City become a more sustainable community. This proqram shall define
and establish environmental qoals and standards for a LEED certification-based qreen
buildinq proqram with incentives and bonuses. This proqram will promote economic
and environmental health in the City throuqh sustainable and environmentally friendly
desiqn and construction.
Section 14-112. Administration and Implementation of the Proaram.
The Proqram shall be administered by City Manaqer or desiqnee, who shall be
responsible for:
(a) marketinq the Proqram to the community by any reasonably effective means.
includinq but not limited to press releases, television advertisinq or advertisinq in
electronic or print mailers;
(b) developinq any appropriate or necessary application procedures. includinq but
not limited to, the Proqram application form and developer aqreement form;
(c) writinq policies and procedures for staff implementation of the Proqram;
(d) providinq and implementinq an incentive award as herein provided to any
Proqram Participant who has committed to and/or successfully satisfied the
requirements of the Proqram; and
(e) resolvinq disputes that may arise from implementation of the Proqram.
Section 14-113. Green Buildina Proaram Applicabilitv.
This Proqram shall be voluntary for all private buildinqs involvinq new construction or
Substantial Renovation.
Section 14-114. Green Buildina Standards.
In addition to the Florida Buildinq Code minimum standards. the Proqram shall be
administered usinq the then current standards developed by the U.S. Green Buildinq
Council (USGBC). These standards shall apply to each Sub-Proqram as follows:
@} New Buildinqs: The Proqram Participant shall satisfy all of the requirements
associated with the then current USGBC LEED@ 2009 for New Construction.
or the most current version, or other derived USGBC LEED@ ratinq system
as applicable to the proiect type (e.q. LEED@ for Core & Shell. LEED@ for
Ordinance No. 2009 -
Page 5
Schools. LEED@ for Health Care) ProQram; and
{Ql Renovation of ExistinQ BuildinQs: The ProQram Participant shall satisfy all of
the requirements of the then current LEED@ certification for ExistinQ
BuildinQs: Operations & Maintenance, or other LEED@ RatinQ System as may
be applicable based on the scope of work performed as part of the
renovations.
If there is a conflict between the USGBC standards and the Florida BuildinQ Code
(FBC) or Florida Fire Prevention Code (FFPC), the FBC and FFPC take precedence.
Section 14-115. Incentives and Bonuses; AQreement and Bond Requirements.
The ProQram shall consist of incentives/bonuses (collectively referred to as "incentives"
when the context requires) desiQned to encouraQe the use of the ProQram and listed in
this section. Incentives and bonuses shall be administered by the City ManaQer or
desiQnee on an incremental basis based on level of certification to be attained and
subiect to full documentary evidence beinQ provided to the satisfaction of the City
ManaQer or desiQnee and in accordance with the criteria established by this article and
the pertinent provisions of the Land Development Code.
I. For those buildinQs that attain LEED@ Certification or LEED@ Silver Certification
(i) Expedited site plan review, that is, site plan applications for Qreen buildinQs
shall be Qiven priority review by the City:
(ii) Expedited buildinQ permit review, that is, buildinQ permit applications for
Qreen buildinQs shall be Qiven priority review by the City:
(iii) MarketinQ incentives includinQ ProQram participation announcement on the
site construction siQn; a plaque not to exceed two square feet to be
attached to the BuildinQ desiQnatinQ the proiect under the ProQram, subiect
to the review and approval of the City ManaQer or desiQnee: such plaque
shall be treated as a Qovernmental information siQn exempt from permittinQ
but subiect to other reQulations as provided in the City Code; the inclusion
of ProQram Participants and their BuildinQ information on the City's "Go
Green" webpaQe; press releases: and eliQibility for Green BuildinQ award in
the City's annual "Go Green" awards proQram.
(iv) Administrative variances to allow orientation of the BuildinQ to take full
advantaQe of available natural resources, such as yard setbacks, landscape
buffers, driveways and/or architectural desiQn standards needed to support
the proposed desiQn in the opinion of the City ManaQer or his desiQnee.
Ordinance No. 2009 -
Page 6
II. For those Buildinqs that attain LEED@ Gold Certification or Platinum Certification
(i) All of the incentives in I. above; and
(ii) Floor Area Ratio (FAR) bonus, te El mEl)(imldm 23% iFlSreElS8 ef ~8FmittB8
F^R. Bldt Flet te 8)(S888 ElFl FJ\R ef 2.Q fer eF9~8Fti8s 1.":itR a IildsiFl8SS 8-
GUis8 FldtldF8 laFl8 bls8 D8si~FlatieFl. usinq the conditional use approval
standards in Section 31-73 of the City Code rather than the variance
approval standards in Section 31-76 of the City Code; and
(iii) Lot coveraqe bonus, te a mEl)dmldm sf SQ% let se\'8FEl~e, provided that a
qreen roof and/or qreen rooftop amenities are provided and maintained
for the common benefit of buildinq occupants; and; that increased Florida-
Friendly tree canopy and Florida-Friendly plantinqs desiqned to calm the
heat island effect are located on site. all in an amount equal to the
requested increased lot coveraqe. usinq the conditional use approval
standards in Section 31-73 of the City Code rather than the variance
approval standards in Section 31-76 of the City Code.
Prior to filinq an application for award of incentives and/or bonuses. the Proqram
Participant shall reqister their intent with the USGBC for LEED@ certification and obtain
in writinq a proposed checklist of certification points that may be attainable for the
proiect. The Proqram Participant shall then be required to attend a pre-application
meetinq with the City Manaqer or desiqnee for the purpose of a review of the proposed
certification checklist and detail of proposed credits for certification. The checklist and
certification details shall be confirmed throuqh a written aqreement between the
property owner and the City, in the form prescribed by the City. and throuqh a covenant
recorded in the public records in form approved by the City Attorney. that the proposed
manner of compliance with LEED@ certification as provided by the Proqram quidelines.
policies and procedures will be incorporated into the development and maintained in
perpetuity. All checklist items will be shown and/or noted on the plans submitted for
buildinq permit approval. as a condition of permit issuance.
Prior to filinq an application for award of incentives and/or bonuses for LEED@ Gold
and Platinum buildinqs described in Paraqraph numbered II. of this section, in addition
to the requirements of the precedinq paraqraph. the Proqram Participant shall provide a
performance bond or other security in form approved by the City Manaqer and City
Attorney as follows:
(i) the bond or security shall be in an amount galdal te ranaina from one (1 %)
percent to five (5%) oercent of the value of proposed costs of construction as
approved by the City's Buildinq Official. or such areater amount as
determined bv the Citv Manaaer:
Ordinance No. 2009 -
Page 7
(ii) the bond or security shall be submitted at the time of filina of any application
for award of incentives and/or bonus;
(iii) the bond or security shall be subiect to call by the City 180 days from the
issuance of the certificate of occupancy or certificate of completion,
whichever first occurs, if LEED@ certification has not been achieved by that
time. Reasonable extensions of time. UP to a maximum of one (1) year from
the issuance of the certificate of occupancy or certificate of completion
whichever first occurs, may be aranted by the City Manaaer or his desianee
for aood cause.
If the Proaram Participant is awarded an incentive and/or bonus provided herein and
fails to complete LEED@ certification as committed within one (1) year from the
issuance of the certificate of occupancy or certificate of completion, whichever first
occurs, then the City Manaaer or desianee shall deem such bond or security forfeited to
the City for any lawful aovernmental purpose identified by the City Commission; and
If the proiect receives LEED@ certification at the level described in the aareement and
covenant prior to the expiration of the 180 day period provided for above, or extensions
of time aranted by the City Manaaer or desianee, and the bond has not been forfeited
as provided above, then the bond or security may be released followina submittal to the
City of written proof of level of LEED@ certification by the USGBC.
Section 14-116. Certification.
The proiect shall be subiect to certification by the Green Buildina Certification Institute.
Section 14-117. Education and Trainina.
(a) The City shall post Proaram information on its website for the purpose of educatina
potential or current Proaram Participants about the Proaram.
(b) The City shall encouraae staff from the Buildina Division, Plannina and Zonina
Division of the Community Development Department and from the Public Works
Division of the Community Services Department to attend areen buildina trainina.
Section 14-118. Proaram Review.
(a) Staff review. The City shall provide for a review of the Proaram to determine the
need for chanaes in the Proaram to increase it effectiveness.
(b) Frequency. The Proaram shall be subiect to review one year after the effective
date of this article and thereafter at a frequency of not more than once per year.
(c) Purpose. The purpose of reviewina the Proaram includes but is not limited to
Ordinance No. 2009 -
Page 8
updatinQ ProQram standards, incentives and bonuses. recommendinQ ProQram or
marketinQ chanQes. reviewinQ sUQQestions made by ProQram Participants. and
reportinQ to the City Commission."
Section 3. 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 4. Inclusion in the Code. That it is the intention of the City
Commission and it is hereby ordained that the provisions of this Ordinance shall
become and made a part of the City Code of the City of Aventura.
Section 5. Effective Date. That this Ordinance shall be effective upon
passage by the City Commission on second reading, subject to passage by the City
Commission on second reading of amendments to Chapter 31 of the City Code, Land
Development Regulations, required to implement the incentive and/or bonus provisions
of this Ordinance, as applicable.
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
Ordinance No. 2009 -
Page 9
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 1 st day of September, 2009.
PASSED AND ADOPTED on second reading this 6th day of October, 2009.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
BY:
MEMORANDUM
TO: City Commission
FROM:
Joanne Carr, AIC
Community Develo
rector
DATE: August 4,2009
SUBJECT: Proposed Amendment to Chapter 31, Land Development Regulations, to
implement green building incentives for the City of Aventura (03-LDR-09)
_.
September 1, 2009
September 1,2009
October 6, 2009
Local Planning Agency Agenda Item .1..
City Commission Meeting Agenda Item 1.8
City Commission Meeting Agenda Item '66
RECOMMENDATION
It is recommended that the City Commission approve the request for amendments to
Chapter 31, Land Development Regulations, of the City Code to implement the green
building incentives proposed by Article VI. of Chapter 14 of the City Code.
THE REQUEST
City staff is requesting amendments to Chapter 31, Land Development Regulations, to
implement the green building incentives proposed by Article VI. of Chapter 14 of the City
Code.
DESCRIPTION OF THE PROPOSED AMENDMENTS
The ordinance shows additions proposed to Chapter 31, Land Development Regulations,
in underlined text. Deletions are shown in stricken-through text.
The first amendment is to Section 31-76, Variances, to permit administrative variances to
allow orientation of the building to take full advantage of available natural resources,
including yard setbacks, landscape buffers, driveways and/or architectural design
- standards. The administrative variance may be granted by the City Manager or designee
---
only when competent and substantial evidence is presented and the particular case shows
that all of the following have been met:
(1) that the building attains LEED@ certification, LEED@ Silver certification, LEED@
Gold certification or LEED@ platinum certification as provided in Article IV of Chapter 14 of
the City Code; and
(2) that the granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity; and
(3) that the proposed variance will not substantially increase the congestion in the
public streets or increase the danger of fire or endanger public safety or substantially
diminish or impair property values within the vicinity.
The second amendment is to Section 31-143, Residential Zoning Districts, to allow
increased lot coverage and increased floor area ratio for LEED@ Gold or Platinum
buildings as a conditional use in each of the residential zoning districts.
The third amendment is to Section 31-144, Business Zoning Districts, to allow increased
lot coverage and increased floor area ratio for LEED@ Gold or Platinum buildings as a
conditional use in each of the business zoning districts.
The fourth amendment is to Section 31-145, Town Center Zoning Districts, to allow
increased lot coverage and increased floor area ratio for LEED@ Gold or Platinum
buildings as a conditional use in the two Town Center zoning districts.
.,,.-..
The fifth amendment is to Section 31-191, Sign Regulations, to permit a two square foot
metal plaque designating the building as LEED certified and to permit construction signs to
announce program participation.
ANAL YSIS
The proposed amendments implement the incentives proposed by the City's Green
Building Program. The ordinance establishing the Green Building Program is scheduled
for first reading by the City Commission at its meeting of September 1,2009.
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendments are legally required.
The proposed amendments are legally required to implement the incentives for the
City's Green Building Program.
2. The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
,,~
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan. Objective 10 of the Land Use Goal of the Future Land Use
2
--
Element is that the City shall continue to maintain, update and enhance the municipal
code, administrative regulations and procedures, to ensure that future land use and
development is consistent with the Plan and to promote better planned development
and communities with well designed buildings.
3. The proposed amendments are consistent with the authority and purpose of the
LORs.
The LDRs are enacted pursuant to the requirements and authority of F.S. Ch. 163,
Part II and the general powers confirmed in F.S. Ch. 166. The purpose of the LDRs is
to implement further the Comprehensive Plan of the City by establishing regulations,
procedures and standards for review and approval of all development and uses of land
and water in the City. The LDRs are adopted in order to foster and preserve public
health, safety and welfare and to aid in the harmonious, orderly and progressive
development and redevelopment of the City. The proposed amendments are
consistent with this authority and purpose.
3. The proposed amendments further the orderly development of the City.
The proposed amendments further the orderly development of the City.
4. The proposed amendments improve the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that they provide for implementation of incentives contained in
the City's Green Building Program.
3
ORDINANCE NO. 2009-
,~,
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" OF THE CITY CODE TO IMPLEMENT
GREEN BUILDING INCENTIVES PROPOSED BY ARTICLE
VI. "GREEN BUILDING PROGRAM" OF CHAPTER 14,
"BUILDINGS AND BUILDING REGULATIONS" OF THE
CITY CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to implement green building incentives proposed by Article
VI. "Green Building Program" of Chapter 14, "Buildings and Building Regulations" of the
City Code; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed
amendments pursuant to the required public hearing and has recommended approval
to the City Commission; 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 action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Section 31-76(J) Administrative Variances, is hereby added to the
Land Development Regulations to read as follows 1:
"Sec. 31-76. Variances.
(J) Administrative Variances for Green Buildinq Proqram. An administrative variance to
allow orientation of the buildinq to take full advantaqe of available natural resources,
<~""'~>
1 Underlined provisions constitute proposed additions to existing LDR text; strickon through provisions
indicate proposed deletions from existing LDR text.
~-~.......-
Ordinance No. 2009 -
Page 2
includinq yard setbacks, landscape buffers, driveways and/or architectural desiqn
standards may be qranted by the City Manaqer or desiqnee only when competent and
substantial evidence is presented and the particular case shows that all of the followinq
have been met:
(1) that the buildinq attains LEED@ certification, LEED@ Silver certification, LEED@
Gold certification or LEED@ platinum certification as provided in Article VI of Chapter 14
of the City Code; and
(2) that the qrantinq of the variance will not be detrimental to the public welfare or
iniurious to other property or improvements in the vicinity; and
(3) that the proposed variance will not substantially increase the conqestion in the
public streets or increase the danqer of fire or endanqer public safety or substantially
diminish or impair property values within the vicinity.
Section 2. Section 31-143. Residential Zoning Districts of the Land
Development Regulations is hereby amended as follows2:
"Sec. 31-143. Residential Zoning Districts.
(b) Residential Single Family Districts. (RS1). The following regulations shall apply
to all RS 1 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and: that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
(c) Single Family Residential Districts (RS2). The following regulations shall apply
to all RS2 Districts.
<'~-
2 Underlined provisions constitute proposed additions to existing LDR text; stricken through provisions
indicate proposed deletions from existing LDR text.
~
Ordinance No. 2009 -
Page 3
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe. to a maximum of
80% lot coveraqe. provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
(d) Multifamily Medium Density Residential Districts (RMF3). The following
regulations shall apply to all RMF3 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
.-
a. All uses permitted in the CF District.
b. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraqe. to a maximum of
80% lot coveraqe. provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and: that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
c. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio. to a maximum
of 25% above the permitted floor area ratio.
(e) Multifamily Medium Density Residential Districts (RMF3A). The following regulations
shall apply to all RMF3A Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
.-
..,~
Ordinance No. 2009 -
Page 4
b. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe. to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendlv tree canopy and Florida-friendlv plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
c. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio.
(f) Multifamily High Density Residential Districts (RMF4). The following regulations
shall apply to all RMF4 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. Uses that exceed the height limitation to a maximum of 30 stories or 300 feet, or
to a maximum height of 35 stories or 350 feet for any property which was
granted a waiver pursuant to Section 3 of Ordinance 2005-07.
c. Uses that exceed the density limitation, to a maximum of 60 dwelling units per
gross acre.
d. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraqe, to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendlv tree canopy and Florida-friendlv plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
e. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased floor area ratio. to a maximum
of 25% above the permitted floor area ratio.
(g) Multifamily Medium Density Residential District (RMF3B). The following regulations
shall apply to all RMF3B Districts:
",,-,
Ordinance No. 2009 -
Page 5
(3) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. Uses that exceed the height limitations, but in no event shall uses exceed seven
stories or 90 feet in height.
b. All uses permitted in the CF District.
c. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
d. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio.
Section 3. Section 31-144. Business Zoning Districts of the Land Development
Regulations is hereby amended as follows3:
"Sec. 31-144. Business Zoning Districts.
(b) Neighborhood Business (81) District. This district is intended to provide primarily
for retail sales and services to a surrounding neighborhood. Retail sales permitted
therein are intended to include primarily convenience goods which are usually a daily
necessity for a residential neighborhood. The district is appropriate for location on a
collector or an arterial roadway.
(2) Conditional use. The following uses may be established if first approved as a
conditional use:
q. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe. to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
,.,,,;-~
3 Underlined provisions constitute proposed additions to existing LOR text; stricken through provisions
indicate proposed deletions from existing LOR text.
"""~
Ordinance No. 2009 -
Page 6
calm the heat island effect are located on site, all In an amount equal to the
requested increased lot coveraqe,
h. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio, but not to exceed a floor area ratio of
2.0.
(c) Community Business (B2) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
(2) Conditional use. The following uses if first approved as a conditional use:
I. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
m. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio, but not to exceed a floor area ratio of
2.0.
(d) Heavy Business (B3) District. This district is intended to provide locations for
planned commercial centers, sharing a common identity, parking and other support
facilities developed according to an overall development plan; and for a wide range of
goods and services to serve a market beyond the community itself. Such commercial
concentrations are expected to draw substantial patronage from outside areas and are
not expected to serve the convenience needs of local residents. As such, these
centers should be oriented towards, and have direct access to arterial roadways,
particularly major arterials.
(2) Conditional use. The following uses may be established if first approved as a
conditional use:
q. For buildinqs that attain LEEO@ Gold or Platinum certification as provided In
Ordinance No. 2009 -
Page 7
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
h. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio, but not to exceed a floor area ratio of
2.0.
(e) Office Park (OP) District. This district is intended to provide for high-quality, semi-
professional and professional offices in a campus setting reflecting creative design
and environmentally compatible use of space and perimeter buffer areas. This
zoning district may be applied to land designated Business and Office and Industrial
and Office on the City's Future Land Use Map, however the uses within this district
shall be consistent with, but may be more restrictive than, the corresponding
Business and Office and Industrial and Office category permitted uses.
(2) Conditional use. The following uses if first approved as a conditional use:
h. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
i. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio, but not to exceed a floor area ratio of
2.0.
(f) Medical Office (MO) District. This district is intended to provide for medical offices
and other uses supporting the medical profession associated with the hospital. This
zoning district may be applied to land designated Business and Office on the City's
Future Land Use Map, however the uses within this district shall be consistent with,
but may be more restrictive than, the corresponding Business and Office category
permitted uses.
Ordinance No. 2009 -
Page 8
(2) Conditional use. The following uses if first approved as a conditional use:
i. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants: and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraqe.
k. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio. to a maximum
of 25% above the permitted floor area ratio. but not to exceed a floor area ratio of
2.0.
Section 4. Section 31-145. Town Center Zoning Districts of the Land
Development Regulations is hereby amended as follows4:
-
"Sec. 31-145. Town Center Zoning Districts.
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts:
(3) Conditional uses permitted. The following uses may be established if first approved
as a conditional use:
n. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraqe. to a maximum of
80% lot coveraqe. provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants: and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
o. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio. but not to exceed a floor area ratio of
2.0.
,.....--..
4 Underlined provisions constitute proposed additions to existing LDR text; stricken through provisions
indicate proposed deletions from existing LOR text.
Ordinance No. 2009 -
Page 9
(c) Town Center Marine District (TC2). The following regulations shall apply to all TC2
districts.
(4) Conditional uses permitted. The following uses may be established if first approved
as a conditional use:
p. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe. to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraqe.
Q. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased floor area ratio. to a maximum
of 25% above the permitted floor area ratio. but not to exceed a floor area ratio of
2.0.
Section 5. Article IX. of the City Code, Chapter 31, Sign Regulations of the Land
Development Regulations is hereby amended as follows5:
"Sec. 31-191. Sign regulations generally.
(e) Other signs/no permit required. The following signs may be placed without the filing
of an application for the issuance of a permit or the payment of a fee, but shall, unless
otherwise exempted, be subject to all other regulations set forth in this section. The
foregoing exemption from filing shall not be construed to waive the other provisions of
this section or the structural requirements outlined in this section and/or the South
Florida Building Code, as may be amended from time to time.
(11) A metal plaque not to exceed two (2) square feet in area desiqnatinq the buildinq
as LEED@ certified under the City of Aventura Green Buildinq Proqram set out in Article
VI., Chapter 14 of the City Code.
(h) Temporary Signs. The following temporary signs are authorized in the City:
(3) Construction Sign:
Residential District
Non-Residential District
-
5 Underlined provisions constitute proposed additions to existing LDR text; stricken through provisions
indicate proposed deletions from existing LDR text.
Ordinance No. 2009 -
Page 10
Approvals necessary:
Number (maximum):
Sign Area (maximum):
Sign Height (maximum):
Setback (minimum):
Length of Display:
Other Restrictions:
City Manager City Manager
One per lot One per lot
32 square feet 32 square feet
Four feet Four feet
Six feet from property line Six feet from property line
not in right of way or sight not in right of way or sight
visibility triangle visibility triangle
Permitted for a 12 month Permitted for a 12 month
period from date of build- period from date of build-
ing permit issuance or un- ing permit issuance or un-
til construction completed til construction completed
Sign copy may include Sign copy may include
only: (i) project name; only (i) project name;
(ii)nature of development; (ii)nature of development;
(iii)general contractor; (iii)general contractor;
(iv)architect; (v) lending (iv)architect; (v) lending
Institution; (vi) owner or institution; (vi) owner or
agent; aM (vii) phone agent; aM (vii) phone
number,. and (viii) Green number.,. and (viii) Green Buildinq
Buildinq Proqram Proqram participation. if
participation. if applicable. Applicable.
Section 6. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 7. Inclusion in the Code. 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; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 8. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
,~~.
Ordinance No. 2009 -
Page 11
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor T eri Holzberg
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
,.,...)<110<"',>
who moved its adoption on second reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor T eri Holzberg
Mayor Susan Gottlieb
PASSED on first reading this 1st day of September, 2009.
Ordinance No. 2009 -
Page 12
PASSED AND ADOPTED on second reading this 6th day of October, 2009.
Susan Gottlieb, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFIC ENCY:
/n,
This Ordinance was filed in the Office of the City Clerk this
day of
,2009.
>"i~
CITY CLERK
".-
f>uJ,stiiu~
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" OF THE CITY CODE TO IMPLEMENT
GREEN BUILDING INCENTIVES PROPOSED BY ARTICLE
VI. "GREEN BUILDING PROGRAM" OF CHAPTER 14,
"BUILDINGS AND BUILDING REGULATIONS" OF THE
CITY CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to implement green building incentives proposed by Article
VI. "Green Building Program"of Chapter 14, "Buildings and Building Regulations" of the
City Code; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed
amendments pursuant to the required public hearing and has recommended approval
to the City Commission; 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 action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Section 31-76(J) Administrative Variances, is hereby added to the
Land Development Regulations to read as follows 1:
"Sec. 31-76. Variances.
(J) Administrative Variances for Green Buildinq Proqram. An administrative variance to
allow orientation of the buildina to take full advantaae of available natural resources,
1 Underlined provisions constitute proposed additions to existing LDR text; stricken through provisions
indicate proposed deletions from existing LDR text. Double underlined text indicates proposed additions
from first readinq text: a@",,~le stri@ksR t~r;e""€I~ text indicates proposed deletions from first readinq text.
Ordinance No. 2009 -
Page 2
includino yard setbacks, landscape buffers, driveways and/or architectural desion
standards may be oranted by the City Manaoer or desionee only when competent and
substantial evidence is presented and the particular case shows that all of the followino
have been met:
(1) that the buildino attains LEED@ certification, LEED@ Silver certification, LEED@
Gold certification or LEED@ platinum certification as provided in Article VI of Chapter 14
of the City Code; and
(2) that the orantino of the variance will not be detrimental to the public welfare or
iniurious to other property or improvements in the vicinity; and
(3) that the proposed variance will not substantially increase the conoestion in the
public streets or increase the danoer of fire or endanoer public safety or substantially
diminish or impair property values within the vicinity.
Section 2. Section 31-143. Residential Zoning Districts of the Land
Development Regulations is hereby amended as follows2:
"Sec. 31-143. Residential Zoning Districts.
(b) Residential Single Family Districts. (RSt). The following regulations shall apply
to all RS 1 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. For buildinos that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraoe, t@ a maximl:Jm @f
aQ% I@t €l@'JeraQEl, provided that a oreen roof and/or oreen rooftop amenities are
provided and maintained for the common benefit of buildino occupants; and: that
increased Florida-friendly tree canopy and Florida-friendly plantinos desioned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraoe.
2 Underlined provisions constitute proposed additions to existing LDR text; stricken through provisions
indicate proposed deletions from existing LDR text. Double underlined text indicates proposed additions
from first readinq text: Qelcl91e stri@l~eFl tt:lr;elol~t:I text indicates proposed deletions from first readinq text.
Ordinance No. 2009 -
Page 3
(c) Single Family Residential Districts (RS2). The following regulations shall apply
to all RS2 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraqe. t@ a ma)(irluHfl @f
80% 1st G@\'sraaB, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants: and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
(d) Multifamily Medium Density Residential Districts (RMF3). The following
regulations shall apply to all RMF3 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, t@ a ma)dmblm @f
80% 1st G@\'sraae. provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
c. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased floor area ratio. , t@ a maximum
sf 2!3% BB@"'s tAB JilBrmitte€l fl@@r afsa ratis.
(e) Multifamily Medium Density Residential Districts (RMF3A). The following regulations
shall apply to all RMF3A Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
Ordinance No. 2009 -
Page 4
conditional use:
a. All uses permitted in the CF District.
b. For buildinos that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraoe, te a ma)(im~m ef
99% let 8eVeraaEl. provided that a oreen roof and/or oreen rooftop amenities are
provided and maintained for the common benefit of buildino occupants; and: that
increased Florida-friendly tree canopy and Florida-friendly plantinos desioned to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraoe.
c. For buildinos that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio. , te a ma)(im~m
ef 25% age':8 tt"lEl ~Brmittea fleer area ratie.
(f) Multifamily High Density Residential Districts (RMF4). The following regulations
shall apply to all RMF4 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. Uses that exceed the height limitation to a maximum of 30 stories or 300 feet, or
to a maximum height of 35 stories or 350 feet for any property which was
granted a waiver pursuant to Section 3 of Ordinance 2005-07.
c. Uses that exceed the density limitation, to a maximum of 60 dwelling units per
gross acre.
d. For buildinos that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraoe. te a ma)(im~m ef
99% let 8eVBFaaB, provided that a oreen roof and/or oreen rooftop amenities are
provided and maintained for the common benefit of buildino occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinos desioned to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraoe.
e. For buildinos that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased floor area ratio. . te a ma)(im~m
ef 25% age'J8 tRB ~ermitt8a fleer area Fatie.
Ordinance No. 2009 -
Page 5
(g) Multifamily Medium Density Residential District (RMF3B). The following regulations
shall apply to all RMF3B Districts:
(3) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. Uses that exceed the height limitations, but in no event shall uses exceed seven
stories or 90 feet in height.
b. All uses permitted in the CF District.
c. For buildinos that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraoe, t€l Gl FRGlxiFRl:IFR @f
99% let e€l"'ElrGl~H3. provided that a oreen roof and/or oreen rooftop amenities are
provided and maintained for the common benefit of buildino occupants: and; that
increased Florida-friendly tree canopy and Florida-friendly plantinos desioned to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraoe.
d. For buildinos that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased floor area ratio. . t€l Gl FRGl}(iFRblFR
€If 28% GlB€I'/e tR8 l3erFRitteB fleer GlreGl rGlti€l.
Section 3. Section 31-144. Business Zoning Districts of the Land Development
Regulations is hereby amended as follows3:
"Sec. 31-144. Business Zoning Districts.
(b) Neighborhood Business (B1) District. This district is intended to provide primarily
for retail sales and services to a surrounding neighborhood. Retail sales permitted
therein are intended to include primarily convenience goods which are usually a daily
necessity for a residential neighborhood. The district is appropriate for location on a
collector or an arterial roadway.
(2) Conditional use. The following uses may be established if first approved as a
conditional use:
3 Underlined provisions constitute proposed additions to existing LDR text; stricken through provisions
indicate proposed deletions from existing LDR text. Double underlined text indicates proposed additions
from first readinq text: €l@lsIBle st~iekeR tt:lr@lsI~R text indicates proposed deletions from first readinq text.
Ordinance No. 2009 -
Page 6
q. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraqe. te a ma)(im~m @f
BQ% let €le\'Elraae, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendlv tree canopy and Florida-friendlv plantinqs desiqned to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraqe.
h. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased floor area ratio, te a maKimum
ef 28% aB@'J9 tAe ~ermittea fl@@r erea retie. B~t not to exceed a floor area ratio of
2.0.
(c) Community Business (B2) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
(2) Conditional use. The following uses if first approved as a conditional use:
I. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, te a maKim~m ef
BQ% let €leveraae, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendlv tree canopy and Florida-friendlv plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
m. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased floor area ratio, te a ma}dm~m
@f 28% eB@\.'s tAg ~ermittea fl@@r aFga retie. B~t not to exceed a floor area ratio of
2.0.
(d) Heavy Business (B3) District. This district is intended to provide locations for
planned commercial centers, sharing a common identity, parking and other support
facilities developed according to an overall development plan; and for a wide range of
goods and services to serve a market beyond the community itself. Such commercial
concentrations are expected to draw substantial patronage from outside areas and are
not expected to serve the convenience needs of local residents. As such, these
centers should be oriented towards, and have direct access to arterial roadways,
particularly major arterials.
Ordinance No. 2009 -
Page 7
(2) Conditional use. The following uses may be established if first approved as a
conditional use:
q. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe. ts a maximlslm sf
SO%! 1st €is':era~e. provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site. all in an amount eQual to the
reQuested increased lot coveraqe.
h. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio. ts a maldmlim
sf 25% ags':e ttle l3ermittsB flssr area ratis, glslt not to exceed a floor area ratio of
2.0.
(e) Office Park (OP) District. This district is intended to provide for high-quality, semi-
professional and professional offices in a campus setting reflecting creative design
and environmentally compatible use of space and perimeter buffer areas. This
zoning district may be applied to land designated Business and Office and Industrial
and Office on the City's Future Land Use Map, however the uses within this district
shall be consistent with, but may be more restrictive than, the corresponding
Business and Office and Industrial and Office category permitted uses.
(2) Conditional use. The following uses if first approved as a conditional use:
h. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraqe. ts a mal(imlslm sf
SO%! 1st €iSVeFa~e. provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount eQual to the
reQuested increased lot coveraqe.
i. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased floor area ratio. ts a maximblm
sf 25% agsve tRS l3ermitteB flssr area Fatis. glslt not to exceed a floor area ratio of
2.0.
(f) Medical Office (MO) District. This district is intended to provide for medical offices
and other uses supporting the medical profession associated with the hospital. This
Ordinance No. 2009 -
Page 8
zoning district may be applied to land designated Business and Office on the City's
Future Land Use Map, however the uses within this district shall be consistent with,
but may be more restrictive than, the corresponding Business and Office category
permitted uses.
(2) Conditional use. The following uses if first approved as a conditional use:
i. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, ts a ma>dml:lm sf
99% 1st Bs':araas, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants: and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
k. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio. ts a mGl)(iml:lm
sf 2!:i% aBsv8 tl;;la l3armittEl8 flssr araa ratis, Bl:It not to exceed a floor area ratio of
2.0.
Section 4. Section 31-145. Town Center Zoning Districts of the Land
Development Regulations is hereby amended as follows4:
"Sec. 31-145. Town Center Zoning Districts.
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts:
(3) Conditional uses permitted. The following uses may be established if first approved
as a conditional use:
n. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, ts a maximl:lm sf
99% 1st BSVaraae, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
4 Underlined provisions constitute proposed additions to existing LOR text; stricken through provisions
indicate proposed deletions from existing LOR text. Double underlined text indicates proposed additions
from first readinq text: QQl;I~le stri€lI'lElFl t!;Jr9l;1l;d~ text indicates proposed deletions from first readina text.
Ordinance No. 2009 -
Page 9
requested increased lot coveraqe.
o. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, te a maxim~m
ef 28% aeElvs tAe l3ermitte€l fleer area ratiEl, e~t not to exceed a floor area ratio of
2.0.
(c) Town Center Marine District (TC2). The following regulations shall apply to all TC2
districts.
(4) Conditional uses permitted. The following uses may be established if first approved
as a conditional use:
p. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, tEl a maxim~m sf
ag% let 8El\'Sraae, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
Q. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, te a maldml>lm
Elf 28% aeeve tAB l3ermitte€l fleElr area ratie, e~t not to exceed a floor area ratio of
2.0.
Section 5. Article IX. of the City Code, Chapter 31, Sign Regulations of the Land
Development Regulations is hereby amended as follows5:
"Sec. 31-191. Sign regulations generally.
(e) Other signs/no permit required. The following signs may be placed without the filing
of an application for the issuance of a permit or the payment of a fee, but shall, unless
otherwise exempted, be subject to all other regulations set forth in this section. The
foregoing exemption from filing shall not be construed to waive the other provisions of
this section or the structural requirements outlined in this section and/or the South
Florida Building Code, as may be amended from time to time.
5 Underlined provisions constitute proposed additions to existing LDR text; stricken through provisions
indicate proposed deletions from existing LDR text. Double underlined text indicates proposed additions
from first readinq text: €lsw91e strisk9R tR~€lW~R text indicates proposed deletions from first readinq text.
Ordinance No. 2009 -
Page 10
(11) A metal plaque not to exceed two (2) square feet in area desiqnatinq the buildinq
as LEED@ certified under the City of Aventura Green Buildinq Proqram set out in Article
VI., Chapter 14 of the City Code.
(h) Temporary Signs. The following temporary signs are authorized in the City:
(3) Construction Sign:
Approvals necessary:
Number (maximum):
Sign Area (maximum):
Sign Height (maximum):
Setback (minimum):
Length of Display:
Other Restrictions:
Residential District
Non-Residential District
City Manager City Manager
One per lot One per lot
32 square feet 32 square feet
Four feet Four feet
Six feet from property line Six feet from property line
not in right of way or sight not in right of way or sight
visibility triangle visibility triangle
Permitted for a 12 month Permitted for a 12 month
period from date of build- period from date of build-
ing permit issuance or un- ing permit issuance or un-
til construction completed til construction completed
Sign copy may include Sign copy may include
only: (i) project name; only (i) project name;
(ii)nature of development; (ii)nature of development;
(iii)general contractor; (iii)general contractor;
(iv)architect; (v) lending (iv)architect; (v) lending
Institution; (vi) owner or institution; (vi) owner or
agent; aM (vii) phone agent; aM (vii) phone
number.,. and (viii) Green number.,. and (viii) Green Buildinq
Buildinq Proqram Proqram participation, if
participation, if applicable. Applicable.
Section 6. Severability. 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. 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
Ordinance No. 2009 -
Page 11
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 8. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
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 Luz Urbaez Weinberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor T eri 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 Luz Urbaez Weinberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
PASSED on first reading this 1st day of September, 2009.
PASSED AND ADOPTED on second reading this 6th day of October, 2009.
Susan Gottlieb, MAYOR
ATTEST:
Ordinance No. 2009 -
Page 12
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this
CITY CLERK
day of
,2009.
PUBLIC--NOllCE OF-PROPOSED ORDINANCE -
NOTICE IS HEREBY GIVEN that on Tuesday, the 61h day of October, 2009. at a
meeting of the City Commission of the City of Aventura to be held at 6:00 p.m. ili the
Commission Chamber of the Aventura Government Center. 19200 West Country Club
Drive. Aventura. Florida, the City Commission will consider the adoption of the following
Ordinance on second reading, entitled:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY
CODE OF THE CITY OF AVENTURA BY ADDING NEW ARTICLE VI. ENTITLED
"GREEN BUILDING PROGRAM" TO CHAPTER 14 "BUILDINGS AND BUILDING
REGULATIONS" OF THE CITY . CODE; ESTABUSHING DEFlNmONS,
STANDARDS, PROCEDURES, REQUIREMENTS AND INCENTIVES; PROVIDING
t=OR VOLUNTARY PARTlCIPAnON RELAnNG TO NEW CONSTAUcnON OR
SUBSTANTIAL RENOVATIONS AS PROVIDED IN THE AFmCLE; PROVIDING FOR
SEVEAABIUTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING AN
EFFEcnVE DATE.
The proposed Ordinance may be inspected by the public at the Office of the City Clerk,
19200 West Country Club Drive, Aventura, Florida. Interested parties may appear at
the Public Hearing and be heard with respect to the proposed Ordinance. Any person
wishing t9 address the City Commission on any itern at this Public Hearing may do so
after t~~ayor ~11S th~ publi,c he~n~, j., ,'.
In accordance with the Americans with Disabilities Act of 1990, all persons who are
disabled and who need special accommodations to participate in this proceedil1g
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 ata 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.
9/3
Teresa M. Soroka, MMC City Clerk
09-4-34211302B07M
MIAMI DAILY BUSINESS REVIEW
Published Daily excep1 Sa1urday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
NOTICE OF PROPOSED ORDINANCE - OCT. 6, 2009
in the XXXX Court,
was published in said newspaper in the issues of
09/03/2009
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 securin this . ent for publication in the said
ne ape .
Sworn to and subscribed before me this
MARIA MESA personally known to me
Notary Public State of Florida
V~;of~je.a Perez
~J11j COll'lmlssion OD819771
Expires 09103/2012
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20A I FRIDAY,AUGUST21,2009
AI
IRAQ
WORLD
Iraq confronts security gaps
BY SIMAN SALAHEOOIN
t\SSDclat~rJPrE'S<
mainly targeted heavily
guarded government
bujJdings.
More than 500 people
:11so were wounded when
nearly simultaneouii trock
bombs struck Iraq's for-
eign and finance ministries.
Wednesday - the deadli-
est day of coordinated
bombings in more than a
year.
The bloodshed dealt a
devastating blow to the
Iraqi govemm~nt's efforts
to take advantage of secu.
rity gains to return Bagh-
dad to nortrull after years
of sectarian warfare.
Maj. Gen. Qassim al-
Moussawi. the chief Iraqi
mHitary spokesman in
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BAGHDAD - A bicycle
bomb exploded near a res-
taurant in Baghdad on
Thursday killing two peo-
ple in a deadly reminder of
lraq's security problems as
the death toll rose to at
least 101 from a string of
blasts the day before that
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'Il1IWd [Jl Cledotilpffmit, ~Not.~loo::aoI.'1 pIIhntl1<l\ Feri!xlorI1i~., T"'p.Uont~'''l'''''''rf>'l',..,r~"trlfpa~morrt 1'IaO' ng,tlOrofu"'loWl. 00,",,1
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Baghdad. said 11 police and
army commanders OVer-
seeing security. tran1e and
intelligence services in the
targeted areas have been
detained on suspicion of
negligence.
Prime Minister Nomi
al-Maliki convened an
emergency meeting late
Wednesday witb senior
security and military ofli-
dals to discuss "rapid me.a-
sures to achieve security
and stability" in Baghdad
and surrounding areas, to
prevent insurgents from
rekindling violence ahead
of next year's elections,
Maliki's office said in a
statement
Maliki blamed Sunni
insurgents linked to al
Qaeda in Iraq and said the
attacks were designed to
foil plans to reopen streets
and remove concrete blast
walls from Baghdad's main
roads by mid-September.
He ~aid the Iraqi gov-
ernment must reassess
security measures ~ the
tirst government acknowl-
edgment that the move!'.
may have been premature
so soon after U.s. troops
left the cities at the end oi
June.
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Ml{lmIHeli\lrJ.com ! THE MIAMI HERALD
WORLD BRIEFS
EGYPT
Hestoration work
on synagogue revealed
From Miami H\,orald v,',rti! Sti!tvire~
CAIRO - The head of antiquities on Thursday
unveiled restoration work under way at one Egypt's
most t"amow; synagOb'Ues, a project he denied was
meant to ass.uage Jewish anger at the country's culhlre
minister.
Culture Minister Hosru Farouk, who is campaign-
ing to ~ the next head ot the UN. of rice that pro-
motes cultural diversity, outraged many Jews with his
comments in April 2008 vowing to burn any Israeli
books found in Egypt's Camed Library oC Alexandria.
The Egyptian government has rallied around the
71-year-old culture minister, but the country's head 01
antiquities, Zahi Hawass, said the decision to restore
the Moses Ben Maimon Synagogue in Cairo had noth.
ing to do with Hosni's candidacy.
The synagogue was named after Rabbi Moses Bcn
Maimon, a famous physician, philosopher and Torah
scholar who was born in Cordoba, Spain, in 1135 A.D.
He eventually moved to Cairo, where he died in 1204
and was buried inside the .,ynagogue.
elTALY
5 MIGRANTS RESCUED AT SEA; DOZENS DEAD
ROME - Italian border police rescut'd rive A!'rican
migrants adrift for days in a dinghy off the tiny Sicil-
ian island ofLampedusa on Thursday. Survivors said
up to 75 others died at sea, according to authorities.
Maltese oflicials later said. seven bodies had been
sighted in Libyan waten; this week, but it was undear
if they were among the 75.
The survivors were dehydrated and two were hos-
pitalized afler being taken to Lampedusa, Palermo-
based Border Police Co!. Riccardo Rocconi said by
telephone.
The tour mcn and one woman, believed to be Eri-
trean<:;, told rescuers they had set !;ail three weeks ago
from Libya.
e PAKISTAN
7 INJURED IN BLAST NEAR CHECKPOINT
RAW ALPlNDI - A suspected car oomb exploded
:It a security checkpoint close to the Pakistani capital
lale Thursday, wounding seven people.
Pakistan is battling Islamist militants blamed tor
scores oibloody bombings over the last two years.
Authorities have been bracing for attacks after the
reported death 01 Pakistani Taliban leader Baitu1lah
Mehsud in an Aug. 5 CIA missile strike in a tribal
region close to the Atghan border.
CITY OF AVENTURA
NOTICE OF HEARING
OF LOCAL PLANNING
AGENCY AND NOTICE
OF AMENDMENT OF
THE CITY'S LAND
DEVELOPMENT
REGULATIONS
Public Notice is hereby given lhal the Aventura C~y CommlssiOl'l,
sittir;g as the Cily of Aventura Local Planning Agency will meet in
a public hearing on Tuesday, September 1, 2009 at 6:00 p.m
to review and recommend adoptiOl'l 01 the following Ordinance
to the City Commission:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS" OF THE CITY CODE
TO IMPLEflIENT GREEN BUILDING INCENTIVES
PROPOSED BY ARTICLE VI. "GREEN BUILDING
PROGRAM" OF CHAPTER 14, "BUILDINGS AND
BUILDING REGULATIONS" OF THE CITY CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
Immediately following lhe local Planning Agency meeling,
Ihe City Commission of Ihe City of Aventura, as Ihe governing
body, will consider at a public hearing, as first reading, adoption
of the aoovedescribed Orcllmmce and will again consider Ihe
above described Ordinance for adoption after second reading
on Tuesday, October 6, 2009 at 6:00 p.m.
The above described Public Hearings will all be held in the
Cily Commission Chamber at City of Avemura Government
Center, 19200 West Country Club Dnve, Aventura, Aorida,
33180, The proposed Ordinance may be inspected by the
public at the Office of the City Clei'R, 19200 West Country Club
Drive, Aventura, Florida. Interested parties may appear at the
Public Hearings and be heard with respect to the proposed
Ordinance
In accordance with the Americans with Disabilities Act of
1990, all persons who are disabled and who need special
accommodations to partiCipate 10 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, as Local Planning Agel'lcy or as the governing
body, 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