10-05-2010F
LocalPlauniArA o—
Susan Gottlieb, Mayor
Zev Auerbach
Bob Diamond
Teri Holzberg
Billy Joel
Michael Stem
Luz Urbaez Weinberg
LOCAL PLANNING AGENCY
AGENDA
OCTOBER 5, 2010 - 6 PM
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
CitvManager
Eric M. Soroka, ICMA -CM
cite Ckrlr
Teresa M. Soroka, MMC
Gbt Auome�
Weiss Scrota Hellman
Pastoriza Cole & Boniske
1. CALL TO ORDERXROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: July 6, 2010
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING
ORDINANCE:
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 2010/11- 2014115 CAPITAL IMPROVEMENT PROGRAM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.
5. ADJOURNMENT
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305 -466 -8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura
Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for
such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura
Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item
should contact the City Clerk at 305- 466 -8901. One or more members of the City of Aventura Advisory Boards may also be in
attendance.
MINUTES Government Center
hk� LOCAL PLANNING AGENCY 19200 W. Country Club Drive
MEETING Aventura Florida 33180
,qmm� JULY 6, 2010 6 PM
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,
Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor
Gottlieb, City Manager Eric M. Soroka, and City Attorney David M. Wolpin. City
Clerk Teresa M. Soroka was absent. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE:
3. APPROVAL OF MINUTES: A motion to approve the minutes of the March 2, 2010
LPA Hearing was offered by Commissioner Holzberg, seconded by Commissioner
Joel, and unanimously passed.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED
SEPTEMBER 2, 2003 AND AMENDED DECEMBER 29, 2004, MADE
BETWEEN MERCO GROUP AT AVENTURA LANDINGS I, II AND III,
INC. AS DEVELOPER AND THE CITY OF AVENTURA TO EXTEND
THE TERM OF THE AGREEMENT FROM FEBRUARY 2, 2010 TO
AUGUST 2, 2012 AND TO ADD APPLICABILITY OF THE CITY'S
TRANSPORTATION MITIGATION IMPACT FEE TO DEVELOPMENT
OF THE CONDOMINIUM AND LOFTS PARCELS, RELATING TO THE
PARCELS OF LAND ZONED RMF4, MULTIFAMILY HIGH DENSITY
RESIDENTIAL DISTRICT, LOCATED ON NE 185 STREET AT NE 28
COURT, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
Community Development Director Joanne Carr addressed the Commission and
entered the staff report into the record. Mayor Gottlieb opened the public hearing.
An Aventura resident from Admirals Port addressed the Commission. There being
no further speakers, the public hearing was closed. A motion to recommend
approval was offered by Commissioner Auerbach and seconded by Commissioner
Diamond. The motion passed unanimously by roll call vote.
Commissioner Weinberg arrived after item 4 -A.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31- 145(b) "TOWN CENTER DISTRICT (TC1)" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO REVISE THE LIST
OF PERMITTED USES IN THE DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Ms. Carr addressed the Commission and entered the staff report into the record.
Mayor Gottlieb opened the public hearing. There being no speakers, the public
hearing was closed. A motion to recommend approval was offered by
Commissioner Weinberg and seconded by Commissioner Joel. The motion passed
unanimously by roll call vote.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, the meeting adjourned aZ � XG�h
�k G-
Ter s M. Soroka, WC, tity Clerk
Approved by the LPA on October 5, 2010.
FA
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC -C
City Manager
BY: Joanne Carr, AIC
Community Development Director
DATE: September 16, 2010
SUBJECT: Petition of the City of Aventura to Amend the City of Aventura
Comprehensive Plan by amending the Capital Improvements Element
to adopt by reference the City's 2010/11 — 2014/15 Capital
Improvement Program (01- CPA -10)
October 5, 2010
Local Planning Agency Meeting Agenda Item `7
October 5, 2010
City Commission Meeting Agenda Item q
November 9, 2010
City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve an amendment to Policy 4.19
of the Capital Improvements Element of the City of Aventura Comprehensive Plan to
adopt the 2010/11 — 2014/15 Capital Improvement Program by reference as an
update to the City's Capital Improvements Element.
THE REQUEST
City staff is requesting an amendment to Policy 4.19 of the
Capital Improvements Element of the City of Aventura Comprehensive Plan to adopt
the City's most recent Capital Improvement Program into the Plan.
BACKGROUND
Section 163.3177(3)(b)1., Florida Statutes, requires that the City annually adopt, by
December 1 of each year, its most recently approved Capital Improvements
Schedule into the Comprehensive Plan. The proposed amendment adopts by
reference the current Capital Improvements Schedule contained within the 2010/11—
2014/15 Capital Improvement Program approved by the City Commission on July 6,
2010 through Resolution No. 2010 -43.
THE AMENDMENT
The proposed amendment is to Policy 4.19 of the Capital Improvements Element of
the Comprehensive Plan, as follows':
"Policy 4.19
The City of Aventura 20MIG _ 2013A 2010/11 — 2014/15 Capital Improvement
Program and the Capital Improvements Schedule included therein, contains a schedule
of projects that the City shall implement in order to meet its adopted Level of Service
standards and ensure the financial feasibility of this Comprehensive Plan. The 2099/-19
4 2010/11 — 2014/15 Capital Improvement Program is hereby adopted by
reference as part of the Capital Improvements Element."
ANALYSIS
Section 31 -53 of the City's Land Development Regulations provides that the
Comprehensive Plan may be amended in accordance with that section and in
accordance with the notice and hearing procedures set forth in both the Land
Development Regulations and the applicable Florida Statutes.
Section 163.3177(3)(b)1. of the Florida Statutes requires that the annual update of
the City's Capital Improvement Schedule be adopted into the Comprehensive Plan
by ordinance. Section 163.3177(3)(b) 2. provides that adoption of the annual update
to the Plan is not subject to review and comment by the State and other agencies
before adoption.
Notice of the proposed amendment has been properly published. Once adopted by
the City Commission, a copy of the ordinance will be provided to the Florida
Department of Community Affairs (DCA) as evidence of the City's compliance with
Section 163.3177(3)(b)1. of the Florida Statutes.
Underlined text indicates insertions. Stricken - through text indicates deletions.
2
ORDINANCE NO. 2010-
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
2010111- 2014115 CAPITAL IMPROVEMENT PROGRAM; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 163.3177(3)(b)1. of the Florida Statutes requires
municipalities to annually adopt an updated Capital Improvements Schedule and to
amend the Capital Improvements Element in the Comprehensive Plan to include the
updated Schedule; and
WHEREAS, at a public hearing on October 5, 2010, the City of Aventura Local
Planning Agency reviewed the proposed update to the Capital Improvements Element,
found the proposed change to be consistent with the City of Aventura Comprehensive
Plan and recommended approval of the update to the City Commission.
WHEREAS, the City Commission has conducted a first and second reading of the
proposed ordinance amending Policy 4.19 of the Capital Improvements Element of the
Comprehensive Plan to adopt by reference the current Capital Improvements Schedule
contained within the City's 2010/11 — 2014/15 Capital Improvement Program at duly
noticed public hearings as required by law and finds that based on the City of Aventura
Local Planning Agency's recommendation, the recommendation of staff and comments
from the public, the proposed amendment to update the Capital Improvements Element
will not result in any adverse impacts on any infrastructure system that will exceed
established level of service standards and is otherwise consistent with the goals,
objectives and policies of the Comprehensive Plan of the City of Aventura; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the Comprehensive Plan to adopt the updated and approved Capital
Improvements Schedule contained in the City's 2010/11 - 2014/15 Capital Improvement
Program.
Ordinance No. 2010 -
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1 . Findings That the foregoing "Whereas" clauses are hereby
ratified and incorporated as the legislative intent of this Ordinance.
Section 2 Amendment to the Comprehensive Plan That Policy 4.19 of
Objective 4 of the Capital Improvements Element of the City of Aventura Comprehensive
Plan is hereby amended as follows':
"Policy 4.19
The City of Aventura 2010/11 — 2014/15 Capital Improvement Program and
the Capital Improvements Schedule included therein, contains a schedule of projects that the
City shall implement in order to meet its adopted Level of Service standards and ensure the
financial feasibility of this Comprehensive Plan. The 2010/11 — 2014/15
Capital Improvement Program is hereby adopted by reference as part of the Capital
Improvements Element."
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 Comprehensive Plan. That it is the intention of
the City Commission and it is hereby ordained that the provisions of this Ordinance
shall become and made a part of the Comprehensive Plan of the City of Aventura.
Section 5 . Effective Date That this Ordinance shall be effective immediately
upon passage by the City Commission on second reading, except that the effective
date of the Plan Amendment approved by this Ordinance shall be the date a final order
is issued by the Florida Department of Community Affairs or Administration
Commission finding that the Plan Amendment in compliance in accordance with
Section 163.3184, Florida Statutes, whichever occurs earlier. The Florida Department
of Community Affairs' notice of intent to find the Plan Amendment in compliance shall
Ordinance No. 2010 -
Page 3
be deemed to be a final order if no timely petition challenging the Plan Amendment is
filed pursuant to Chapter 163, Florida Statutes.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
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 Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
PASSED on first reading this 5 th day of October, 2010.
Ordinance No. 2010 -
Page 4
PASSED AND ADOPTED on second reading this 9 day of November, 2010.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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7HEMIAMIHERAID I K—H -1d. an WORLD At FRIDAY, SEPTEMBER 24,2010 1 19A
IRAQ
Fallujah raid. highlights mistrust in Iraq
The official account of
what happenad during a
joint U5. -Iraqi Laid in
Fallujah recently is still
under wraps as Iraqi
authorities opened a
probe into the attack.
BY BRIAN MURPHY
AND CASUM ABDUL -2AMRA
waled Bess
nssBAGHDAD — For a few
hours last week, a part of
Fallujah was a flashback to
the depths of the Iraq war
when insurgents ruled the
city and its streets were
During galleries.
,aid,w omen exchanged
fire with American d
I raqi commandos. Pan -
cked civilians ran for
cover or grabbed weapons
of their own. In the end,
ping Council leaders 'pattered counter- terror"
claimed that the Iraqi cons- operation under the
manders did not inform authority of the Iraqi gov-
them in advance and evement. 'Since the Iraqi
accused Iraqi -led forces of g verneent has opened an
reckless tactics that put investigation into the oper-
civilians in the crossfire. ation, it would be inappro-
A statement by Fall,- priate for us to go into any
jab's Municipal Council further details," he said in
called the raid a "terrorist an e-mail to the AP.
operation... motivated by Iraqi security officials
the deep hatred of this city said the target of the raid
and its people" — a refer- was a top at Qaeda opera -
ce to the simmering dis- live known as Abu Ibra-
trust between Iraq s Snouts him, who is believed to
and the Shiie majority that have taken ever many stra-
took power after the U.S.- tegic decisions for insur-
led fnvasion. gemsfollowingan airsfrike
Sheik Rafie Mishhin, a in April that killed two
senior Awakening Council al Qwda in Iraq leaders.
leader in Fallujah, coo- A joint team — Iraqi
plained that Iraqi forces police and army and Amer-
"didn't respect Fallujah man special forces — was
gal
from both tribal and le" quickly put together under
codes by allegedly failing Iraqi command after a tip
the death count included at
autrarrsvu to bring local security that Ibrahim was hiding in
least four suspected insur PROCESSW. Mourners carry the coffins of people killed
during a joint forces and clan leaders a residential area of south -
gents and seven civilians US. -Iraqi raid in Fallujah on Sept. 15. The civilian death
toll remains unclear. into the loop on the raid. ern Fallujah, the officials
— perhaps more
- said. The unit ca under
military pro me
attempt to catch an
vided special forces along- heavy fire as it neared the
aBeged key tactician for high risk, to assist Iraqi could chip away at Iraq's unable
to form a new gov side the Iraqi units, butde suspected hide - out and
for about
al Qaeda in Iraq. commanders who are s unity networks. That emenent. tails have not been was pinned down u
The target got away. struggling with shortfalls cold mean calls by Iraq
The Sunni anger was disclosed. 90 minutes. The civilian
The official reckoning in areas such as common- for wider US. military sup- particularly
biting after Col. Barry Johnson, a death tall remains unclear
of what happened Sept. 15 do-style assaults and Intel- port even as the Pentagon last week's Fallujah fight. U.S. military spokesman in and could account for the
is still under wraps. Iraqi ligence, gathering. seeks to complete its pull- Sunni officials and Awak- Baghdad, described it As a slow disclosures by Iraqis.
authorities have opened an on the military side, ut by the end of next year.
it castigation and the U.S. Fallujah presents the Sunni officials in Fallu-
military declined to give worn,, of an insurgent jah — and across the Sun -
;� reycu dl school thal offers
details until the inquest is rebound. It was once a ni- dominated Anbar prov-
c ompleted on the raid — stronghold of Sunni mini- ince — increasingly allege
g�
the
onn of the first major tarts — led by at Qaeda in that they are being side -
ground fighting for U.S. Iraq — and the scene of lined by the Shiite -led
troops si President Bar- intense block -by -block authorities in Baghdad.
ne
i New Am"ting Wimeadenal SIYents Degree Programs
wk Obama declared an combat with US troops in The complaints often ri g
t scholt�� to these who q"H yy a AA Pre- School Education
end to -.hot operations 2004 before local militias loudest from the Sunni
A p°°a le onsw y rai a B.A. Pre-School Education
more than three weeks joined the fight and sheiks and their militia far
Age. uprooted militant bases. times, sometimes known as
e Master[ Degree inP School
°flarin a dual lar Education
But accounts by Iraqi There are signs, how- Awakening Councils, that
(Enghuh/Spanfsh) instruction. R B.A Graphic Design
urity officials and oth- ever, that insurgents are joined the U.S.-led fight at
a B.R. Buafneea
i s to The Associated attempting to claw back in the height of the in s ur-
Vocational Diploma Programs a Gasses weekdays and Saturdays
press lay bare the rifts that the city they once con - ger y four years ago.
a B Highly qualified prof. —
still plague Iraqi society — trolled about 40 miles west The Sunni suspicions
including deep suspicion of Baghdad. On Sunday, a also have received aboost
Training 40 a Roane ragi ci options available
between Sunnis and Shi- suicide car bomber stock from Iraq s political limbo
s Florida Chad Care Professional
ices and the resiliency ofan an Iraqi army patrol in the since March elections. A
❑elential Prran
ag
insurgency that remains cites busy mmmecialdis- Sunni- backedoeatition led
, 6
unbeaten and could yet trict, killing one soldier by former Prime Minister
draw! into least four Ayad ABawi narro ly
C welfa V0 A Accredited by
� '"'
rican troops and at civilians.
m miI Fallujah also under- defeated a bloc headed by
U N I V E Q I T Y
i
The raid also shows that scores the Sunni - Shiite dis- Shiite Prime Minister
US. forces can still be put cord that ripples through Nouri at Maliki, but
on the front lines, and at all levels in Iraq — and infighting has left Iraq
aaa s. P4 o, Dove, tss.,,mdre are,, Ft. 33m25
x S, P ,Do y i " l
40 CITY OF AVENTURA
NOTICE OF HEARING OF
. LOCAL PLANNING AGENCY
AND NOTICE OF AMENDMENT
OF COMPREHENSIVE PLAN
Public Notice is hereby given that the Aventura City Commission,
sitting as the City of Aventura Local Planning Agency will meet
in a public hearing on Tuesday, October 5, 2010 at 6:00 p.m. to
review and recommend adoption of the following Ordinance to
the City Commission:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING 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 2010111-
2014/15 CAPTAL IMPROVEMENT PROGRAM;
PROVm mci FOR sEHERABILm; PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN
AND PROVIDING FOR AN EFFECTIVE DATE
Immediately following the Local Planning Agency meeting, the
City Commission of the City of Aventura, as the governing body,
will consider on first reading at a public hearing the Amendment
to the Comprehensive Plan by Ordinance described above and
will again consider the above described Ordinance for adoption
after second reading on Tuesday, November 9, 2010.
The above described Public Hearings will all be held in the City
Commission Chambet at City of Aventura Govemment Center,
19200 West Country Club Drive, Aventura, Florida, 33180. The
proposed Ordinance may be inspected by the public at the Office
of the City Clerk at the above address. Interested parties may
appear at the Public Hearings and be heard with respect to the
proposed Ordinance.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations
to participate in this proceeding because of that disability should
contact the Office of the City Clerk, (305) 466 -8901, not later than
two business days prior to such proceedings.
If a person decides to appeal any decision made by the City
Commission with respect to any matter considered at a meeting
or hearing, that person will need a record of the proceedings and,
for such purpose, may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based.
septamber 24
m
October
EXCEPTIONAL
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EXCEPTIONAL PRICES FOR ALL YOUR DECORATING �,`DDEE
DREAMS
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Design for you
I Teresa M. Soroka, MMC, City Clerk I