05-04-2004
City Cnrnrni_inl1
Jeffrey M. Perlow, Mayor
A~e City of
~ventura
o
~
. .
Ci(yMtHlqer
Eric M. Soroka
Zev Auerbach
Jay R. Beskin
Ken Cohen
Bob Diamond
Manny Grossman
Harry Holzberg
City Clerk
Teresa M. Soroka, CMC
City Attnrn~v
Weiss Serota Helfman Pastoriza
Guedes Boniske & Cole
AGENDA
MAY 4, 2004 6 PM followingLPAmeeting
Government Center
19200 West Country Club Drive
A ventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: None.
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS: Certificates of Appreciation to ACES Volunteers
Roz Melker, Ronnie Roberts and Bea Miller
6. 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:
April 13, 2004 Commission Meeting
April 22, 2004 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 04.4.19.2, BUS SHELTER #16
TO SELDIN CONSTRUCTION, INC. AT THE BID PRICE OF
$94,951.00; 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 A WARD; AND PROVIDING FOR AN
May 4, 2004 c.....,;..v.. MeeIiD&
EFFECTIVE DATE.
(Awards bid for installation of Bus Shelter at Biscayne Boulevard and 210th
Street)
7. ORDINANCES: FIRST READINGIPUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE OFFICIAL
ZONING MAP OF THE CITY OF A VENTURA BY AMENDING
THE ZONING DESIGNATION FOR ONE (1) PARCEL
LOCATED AT THE NORTHEAST CORNER OF NORTH
COUNTRY CLUB DRIVE AND NE 34 A VENUE FROM CF,
COMMUNITY FACILITY DISTRICT TO RMF4, MULTI.
FAMILY HIGH DENSITY RESIDENTIAL DISTRICT;
PROVIDING INCLUSION IN THE CODE, PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE OFFICIAL
ZONING MAP OF THE CITY OF A VENTURA BY AMENDING
THE ZONING DESIGNATION FOR ONE (1) PARCEL
LOCATED AT 3205 NE 188 STREET FROM RMF-3B,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT
TO CF, COMMUNITY FACILITY DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING ARTICLE VII
"CODE OF ETHICS" OF CHAPTER 2 "ADMINISTRATION",
BY AMENDING SECTION 2-394 "PENALTY", TO
ENUMERATE ADDITIONAL SECTIONS OF THIS ARTICLE
VII AS BEING UNDER THE PRIMARY JURISDICTION OF
THE MIAMI.DADE COUNTY ETHICS COMMISSION FOR
ENFORCEMENT; AMENDING SECTION 2-395 "DISCLOSURE
OF BUSINESS RELATIONSHIPS AND GIFTS" BY
CLARIFYING THE METHOD OF DISCLOSURE AND
EXTENDING THE TIME PERIOD FOR WHICH NEW
BUSINESS RELATIONSHIPS MUST BE DISCLOSED BY CITY
COMMISSIONERS AND CITY ADVISORY BOARD MEMBERS;
CREA TING SECTION 2-396 "FURTHER ETHICS STANDARDS;
PROHIBITIONS AND RESTRICTIONS", TO PROVIDE FOR
THE ENACTMENT OF ADDITIONAL PROHIBITIONS AND
RESTRICTIONS AND ETHICS STANDARDS BEYOND THOSE
CURRENTLY PROVIDED BY APPLICABLE STATE, COUNTY
AND CITY ETHICS PROVISIONS, INCLUDING PROVISIONS
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May 4, 2004 c.....,;..v.. MeeIiD&
CONCERNING THE PROHIBITION OF CERTAIN
APPEARANCES, WORK OR PAYMENT, CONTINUED
RESTRICTIONS AFTER COMPLETION OF CITY SERVICE;
FURTHER RESTRICTIONS ON TRANSACTIONS;
PROVIDING FOR SUCH PROHIBITIONS AND RESTRICTIONS
TO ALSO BE APPLICABLE TO FIRMS, BUSINESS ENTITIES
AND BUSINESS ASSOCIATES OF CITY COMMISSION
MEMBERS; PROVIDING FOR DEFINITIONS; PROVIDING
FOR THE STRICTER ETHICS PROVISIONS TO PREVAIL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
D. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING ORDINANCE 2004-07 WHICH ADOPTED THE
POLICE PENSION PLAN AND TRUST FUND AS REQUESTED
BY THE STATE OF FLORIDA DIVISION OF RETIREMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES: SECOND READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2003-06,
WHICH ORDINANCE ADOPTED A CHARTER SCHOOL
OPERATING AND CAPITAL BUDGET FOR THE AVENTURA
CHARTER ELEMENTARY SCHOOL FOR FISCAL YEAR 2003/04
(JULY 1 - JUNE 30) BY REVISING THE 2003/2004 FISCAL YEAR
BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING: None
10. OTHER BUSINESS: None.
11. PUBLIC COMMENTS
12. REPORTS
13. ADJOURNMENT
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May 4, 2004 Ownmi..v.. MeeIiD&
SCHEDULE OF FUTURE MEETINGSIEVENTS
COMMISSION WORKSHOP
MAY 14,2004
2 P.M.
COMMISSION MEETING
JUNE 1, 2004
6 P.M.
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 acconunodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, Aventura, Aorida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
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A'!'he Qtv of
n.ventura
.
.~~.:;;.'
MINUTES
CITY COMMISSION MEETING
APRIL 13, 2004 6 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 Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Ken Cohen,
Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Jay R. Beskin, Mayor
Perlow, 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: Simon Barzalay led the pledge of allegiance.
Mayor Perlow asked for a moment of silence for former Mayor Arthur I. Snyder who
passed away last Thursday.
3. ZONING HEARINGS: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE
SALE OF ALCOHOLIC BEVERAGES AT A COCKTAIL LOUNGE WITHIN
PILAR RESTAURANT LOCATED AT 20475 BISCAYNE BOULEVARD, CITY
OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
Ms. Soroka administered the oath to all individuals giving testimony in
this hearing. Joanne Carr, Planning Director, addressed the
Commission. A motion for approval was offered by Commissioner
Holzberg and seconded by Commissioner Cohen. Mayor Perlow opened
the public hearing. The following individuals addressed the Commission:
Sy Chadroff, Esq., 2999 NE 1915t Street; Scott Fredel, on behalf of
applicant. There being no further speakers, the public hearing was
closed. The motion for approval passed unanimously and Resolution
No. 2004-22 was adopted.
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. ELECTION OF MAYOR: Commissioner Holzberg nominated Commissioner Cohen
to serve as Vice Mayor for the next 6-month period. Commissioner Cohen declined. A
motion was offered by Commissioner Grossman, seconded by Commissioner Holzberg
and unanimously passed to appoint Bob Diamond as Vice Mayor for the next six-month
period.
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Commissioner Beskin requested removal of item 7-G from
the Consent Agenda. A motion to approve the remainder of the Consent Agenda
was offered by Vice Mayor Diamond, seconded by Commissioner Auerbach
unanimously passed and the following action was taken:
A. The minutes of the March 2, 2004 Commission Meeting, and March 25,
2004 Workshop Meeting were approved.
B. Resolution No. 2004-23 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION
RESULTS OF THE MARCH 9, 2004 MUNICIPAL SPECIAL ELECTION,
AS CERTIFIED BY THE MIAMI-DADE COUNTY CANVASSING BOARD
AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2004-24 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL
LEGISLATIVE RELATIONS AND LOBBYING SERVICES BETWEEN
THE CITY OF AVENTURA AND RONALD L. BOOK, ESQ.,
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
D. Resolution No. 2004-25 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF
AVENTURA AND MIAMI FITNESS CONNECTION INC. TO PROVIDE
RECREATIONAL PROGRAMS, ACTIVITIES, EVENTS, LEAGUES, AND
SERVICES AS SET FORTH IN RFP 04-4-5-2; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
E. The following motion was approved:
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER
30, 2003.
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F. Resolution No. 2004-26 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE
COMMISSION OF TWO MEMBERS TO THE BOARD OF TRUSTEES
OF THE POLICE OFFICERS' RETIREMENT PLAN AND PROVIDING
AN EFFECTIVE DATE.
The following item was removed from the agenda and addressed separately:
G. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED DEVELOPMENT AGREEMENT TO
DESIGN AND BUILD MIDDLE SCHOOL WING ADDITION TO
AVENTURA CHARTER SCHOOL BETWEEN THE CITY OF AVENTURA
AND CHARTER SCHOOLHOUSE DEVELOPERS, INC.; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Holzberg. The motion for approval passed 6-1, with
Commissioner Beskin voting no and Resolution No. 2004-27 was
adopted.
8. ORDINANCES: FIRST READING/PUBLIC INPUT:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2003-06, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND
CAPITAL BUDGET FOR THE AVENTURA CHARTER ELEMENTARY
SCHOOL FOR FISCAL YEAR 2003/04 (JULY 1 - JUNE 30) BY
REVISING THE 2003/2004 FISCAL YEAR BUDGET DOCUMENT AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Grossman, and
3
seconded by Commissioner Auerbach. Mr. Soroka addressed the
Commission's concerns. Mayor Perlow opened the public hearing. There
being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote (6-0) with Commissioner
Cohen absent from the room for the vote.
9. PUBLIC HEARING: ORDINANCES - SECOND READING:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2003-12 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2003/2004 FISCAL
YEAR BY REVISING THE 2003/2004 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Auerbach. Mayor Perlow 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. 2004-08 was enacted.
10. RESOLUTIONS: None.
11.0THER BUSINESS: None.
12.PUBLlC COMMENTS: Rev. Will Keyser.
13. REPORTS. As submitted.
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 6:49 p.m.
Teresa M. Soroka, CMC, 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.
4
A'!he City cJ.
fiventura
.
'....,,,;/
MINUTES
COMMISSION WORKSHOP MEETING
APRIL 22, 200410 a.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order at 10 a.m. by Mayor
Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken
Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Bob Diamond, Mayor Perlow,
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. PROPOSED ETHICS PROVISIONS: Commission discussed further amendments to
the proposed ordinance.
CITY MANAGER SUMMARY: Consensus to revise ordinance to incorporate
Commission's concerns and place on May agenda for consideration on first reading.
2. COMMUNITY RELATIONS BOARD: Chief Ribel discussed his participation on the
Community Relations Board (CRB) and his support of a local task force. Nancy
Power and Dr. Larry Capp, on behalf of the CRB, requested Commission's support
of a regional CRB.
CITY MANAGER'S SUMMARY: Consensus that Commissioner Auerbach attend
May CRB meeting and report back to the Commission for further discussion as to
the extent of the City's participation and recommendations.
3. NAMING OF PARK AFTER FORMER MAYOR SNYDER (Commissioner Beskin):
Commissioner Beskin suggested naming park are around the Community Center as
the Arthur I. Snyder Memorial Park.
CITY MANAGER SUMMARY: Consensus to name the portion of the green space
north of the Community Center as Arthur I. Snyder Memorial Park, conduct an
official dedication ceremony and that it also be utilized for future memorials for
others should the need arise. Resolution to be addressed at the May Workshop
meeting.
4. SALE OF 21301 BISCAYNE BLVD. PROPERTY: Mr. Soroka noted that this item
had previously been deferred pending recommendation of the Economic
Development Advisory Board and requested direction from the Commission at this
time.
CITY MANAGER'S SUMMARY: Consensus to obtain a property appraisal and
discuss at a future Workshop meeting.
Mr. Soroka discussed upcoming dinner honoring Eugene Stearns, Esq. Consensus
to purchase a table.
Consensus to schedule May Workshop for May 14, 2004 at 2 p.m. and Special
Meeting May 20, 2004 at 4 p.m. to discuss Charter School budget for 2004/05.
5. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned.
Teresa M. Soroka, CMC, 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 A VENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, ICMA-CM, C'
~SeM~
TO: City Commission
BY:
J
Robert M. Sherman, Direct r of Co
DATE: April 29, 2004
SUBJECT: Bid No. 04-4-19-2 Bus Shelter #16
May 4, 2004 City Commission Meeting Agenda Item ..i2:.P>
Recommendation:
It is recommended that the City Commission adopt the attached Resolution awarding
No. 04-4-19-2, Bus Shelter #16 to the lowest responsible and responsive bidder, Seldin
Construction, Inc. for the amount of $94,951.00.
Background:
This project is to install a City bus shelter with a newsrack garage on the west side of
Biscayne Boulevard and NE 210lh Street, replacing the existing Miami-Dade bus shelter
and providing storage for the various newsracks that are at this location. This project
has been approved by the City Commission and is contained in the current budget in
the Transportation and Street Maintenance Fund. The bus shelter will be completed
within 150 days ofthe bid award.
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised and opened on April 19, 2004. The bid was advertised in the local
newspapers and via the internet on DEMANDSTAR. Five bids were received and they
are as summarized as follows:
Seldin Construction
Tropex Construction Services
Vila and Sons Landscaping
Bi-Tech Construction
Zurqui Construction Services
$94,951.00
97,726.29
97,934.00
102,715.66
106,496.98
The City's landscape architect has reviewed the bid documents and has recommended
awarding the bid to the lowest responsive bidder, Seldin Construction. Please feel free
to contact me if you have any questions.
RMS/gf
Attachments
RMS04036
RESOLUTION NO.2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 04-4-19-2, BUS SHELTER #16
TO SELDIN CONSTRUCTION, INC. AT THE BID PRICE OF
$94,951.00; 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.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 04-4-19-2, BUS SHELTER #16;
and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications. proposals. and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that Seldin Construction, Inc., has submitted
the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 04-4-19-2, BUS SHELTER #16, is
hereby awarded to Seldin Construction, Inc, in the amount of $94,951.00
Section 2: The City Manager is hereby authorized to execute, on behalf of the
Resolution No. 2004 -
Page 2
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, and said parties shall execute said
prepared cOntract On behalf of the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
Transportation and Street Maintenance Fund Line Item No. 120-5001-541-6341.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by
The motion was seconded by
vote was as follows:
, who moved its adoption.
and upon being put to a vote, the
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
Resolution No. 2004 -
Page 3
PASSED AND ADOPTED this 4th day of May, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Apr 27 04 04:47p
1()}UA\
O'LEARY DESICN ASSOCIATES P.A.
LANDSCAPE ARCHITECTURl LAND PLANNING
URBAN DESIGN GRAPHIC DESIGN
April 27, 2004
Mr. Robert M. Shennan
Director of Community Services
City of Aventura
19200 West CountIy Club Drive
Aventura, Florida 33180
Re: Bus Shelter #16
A ventura, Florida
Dear Mr. Sherman:
I have completed my bid evaluations for the above referenced project. My fmdings arc as
follows:
I) Seldin Construction Company (Low Bidder)
A) City Engineer for North Miami Beach - VeJY positive
recommendation. Owner himself gets vel)' involved.
B) Broward School Board representative - very positive
recommendation.
II) Tropex Construction Company (Second Lowest Bidder)
A) Miami Dade Community College Representative - Is using this finn
on numerous projects and they are perfonning well.
B) City of Sunrise - No response
C) City of Miami Beach - Unable to contact them
OAK PLAlA PROfESSIONAL CENHR 8525 s_w, q2ND STREET. SUITE ell MIAMI, FLORIDA 33156 {J05159b-60%
MEMBERS OF THE AMERICAN 5OCI[T'I Of LANDSCAPE ARCHITECTS
p..,
Apr 27 0'1 0'l''17p
Mr. Robert M. Shennan
April 27, 2004
Page two
Re: Bus Shelter #16
Aventura, Florida
Based on the fact that Seldin Construction Company is the low bidder and has two solid
recommendations, I recommend awarding this project to Seldin Construction Company.
Please let me know if you require any additional information.
Very 1rnly yours,
O'LEARY DESIGN ASSOCIATES, PA
uJ~.
WILLIAM A. O'LEARY, FASLA
W AO/cas
cc Alan Levine
p.J
SECTION 00410
BID FORM
THIS BID IS SUBMITTED TO:
City of A ventura
19200 West Country Club Drive
A ventura, Florida 33180
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The
City of Aventura in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents 'for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions
to BIDDER'S, including without limitation those dealing with the disposition of Bid Security. This Bid
will remain subject to acceptance for 90 days after the day of Bid opening. BIDDER agrees to sign and
submit the Agreement with the Bonds and other documents required by the Bidding Requirements within
ten days after the date of City's Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that
(a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda
(receipt of all which is hereby acknowledged.)
Addendum No. \ Dated: L\- \7.. ..o'-\-
Addendum No.
Z-
Dated: '-\ _\.~ _0'+
Dated:
Dated:
Addendum No.
Addendum No.
(b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Law and Regulations that in any manner may
affect cost, progress, performance, or furnishing of the Work.
(c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of
physical conditions.
(d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations, investigations, explorations, tests and studies (in addition to or to
supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at
the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the
Contract Price, within the Contract Time and in accordance with the other terms and conditions of
17
the Contract Documents, and no additional examinations, investigations, explorations, tests,
reports or similar information or data are or will be required by BIDDER for such purposes.
(e) BIDDER has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports, and studies with the terms an-;i conditions of the Contract Documents.
(I) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by Consultant is
acceptable to BIDDER.
(g) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with any agreement or rules of any group,
association, organization, or corporation; BIDDER has not directly or indirectly induced or
solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced
any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion
to obtain for itself any advantage over any other BIDDER or over the City.
4. BIDDER understands and agrees that the Contract Price is lump sum to furnish and deliver all of the Work
complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when
initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any
deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after
the Contract Date. As such the Contractor shall furnish all labor, materials, equipment, tools
superintendence, and services necessary to provide a complete Project for the Bid Price of:
dollars LUMJ' SUM
(Written Total Base Bid nce - From Schedule of Values Items I through 6)
5.
Communications concerning this Bid shall be addressed to:
BIDDER: .:::2"'L,h..v' a ,v~/.i?cK'7?T;/ c;;;
::t:~s::;~ ~~~
'Y.q - 3'.?~-?-'n.....
/ 'Y.H - 3~2/- 2"94?
, ~
-1'P- ~ ;-5p,W/;/
Address:
Telephone
Facsimile Number
Attention:
6. The terms used in this Bid which are defmed in the general Conditions of the Construction Contract
included as part of the Contract documents have the meanings assigned to them in the General Conditions.
SUBMITTED TIIIS DAY ~i
/,<7 ,200~
r- "
18
SCHEDULE OF VALUES FOR
LUMP SUM CONTRACT
BASE BID
BUS SHELTER # 16
Aventura, Florida
ITEM Item Unit Unit Price
#
1 Traffic Control LS $3,578.00
Removal of Existing Sidewalk LS $1,762.00
2
Concrete Sidwalk LS $3,413.00
3
(1) Bus Shelter EA $70,564.00
4
Electrical System LS $14,134.00
5
TOTAL BASE BID $93.451.00
BASE Total of items 1 throuah 5 TOTAL
BID constitute the BASE BID.
Electrical Allowance LS $1,500.00
6
TOTAL BASE BID PLUS
GRAND ALLOWANCE $94.951.00
TOTAL Total of items 1 throuah 6 GRAND TOTAL
CONTRACT EXTENSIONS: The City of Aventura hereby requests that the bid price be held for an additional two (2)
vear period for additional bus shelters within the City, providing both parties agree, that all terms, conditions and
specifications remain the same and the extension is approved by the City Manager.
BIDDER OFFERING FIRM PRICES FOR AN ADDITIONAL TWO YEAR PERIOD:
YES_ NO x
19
If BIDDER is:
AN INDIVIDUAL
By:
(SEAL)
(Individual's Name)
doing business as:
Business address:
Phone No:
Facsimile No:
20
By:
A PARTNERSHIP
(SEAL)
(Firm's Name)
Business address:
Phone No:
(General Partner)
Facsimile No:
21
A CORPORATION
By: 5L-/)/w a~721uc7/2)",/. a,
(Corporation Name)
~;P/.b9
(State of Incorporation)
By:
~
JdCL
r5",cL.i)/ ;./
C--/
(Name of Person Authorized to Sign)
, Mc..o;:;/?J.E~
-
(Title)
(Corporate Seal)
A~&7Z
b~~~
(president)
Business address: /-' 91' .:5if4>7Q#"'/ ~
/
~~5& / -;z:z ...!r!!>;n
-
Phone No: ~N.3J:r:~
/
Facsimile No: 9S''''-3'i?~?4''f
,
22
A JOINT VENTURE
By:
(Name)
(Address)
By:
(Name)
(Address)
(Each joint venture must sign. The manner of signing for each individual, partnership, and cOrPoration that is a party
to the joint venture should be in the manner indicated above.)
23
CERTTInCATE OF AUTHORITY
(IF CORPORATION)
STATE OF
)
) SS:
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of the
_ c:::.z;:4L)O~ (?Joff57Kd:=77F.v' ~
on~~ '/"-
/
"RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Bid dated,
~.L . /J' , 2~ , to the City of A ventura and this corporation and that their execution thereof,
ested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of
this Corporation. n
a corporation existing under the laws of the State of FLf})?/L),-<J
, 2(lZ)~, the foJlowing resolution was duly passed and adopted:
, held
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this
d1#- ,daYOf~<- ,2~. .
~W~
Secretary:
(SEAL)
24
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
STATE OF
)
) 88:
)
COUNTY OF
I
HEREBY
CERTIFY
that
a
meeting
of
the
Partners
of
the
under the laws of the State of
passed and adopted:
, held on
,20
a corporation existing
, the following resolution was duly
"RESOL VED, that, , as
authorized to execute the Bid dated,
that their execution thereof, attested by the
and deed of this Partnership."
20
of the Partnership, be and is hereby
, to the City of A ventura and this partnership and
shall be the official act
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
, dayof_, 20
Secretary:
(SEAL)
25
CERTIFICATE OF AUTHORITY
IF JOINT VENTURE
STATE OF
)
) SS:
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the Principals of
the
a corporation existing under the laws of the State of
20 , the following resolution was duly passed and adopted:
. held on
as
20_..
of the Joint Venture
"RESOLVED, that.
he and is hereby authorized to execute the Bid dated,
to the City of Aventura official act and deed of this Joint Venture."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
, day of
,20_.
Secretary:
(SEAL)
END OF SECTION
26
SECTION 00420
AWARD PREFERENCE
FOR
IDENTICAL TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality, and service are received by the State or
by any political subdivision for the procurement of commodities or contractual services, a Bid received from a
busioess that certifies that it has implemented a drug-free workplace program shall be given preference io the award
process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free
workplace program. In order to have a drug-free workplace program, a busioess shall:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensiog,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse io the workplace, the busioess' policy of
maintaining a drug-free workplace, any available drug counseliog, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified io subsection (I).
4) In the statement specified io subsection (I), notifY the employees that, as a condition ofworlGng
on the commodities or contractual services that are under Bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five days after such conviction.
5) _' Impose a sanction on, or require the satisfactory participation io a drug abuse assistance or
rehabilitation program, if such is available io the employee's community, by any employee who is so
convicted.
6) Make a good faith effort to contioue to maintain a drug-free workplace through implementation of
this section.
As the person authorized to sign the statement, I certifY that this finn complies fully with the above
requirements.
t? M \Q~'
VENDOR'S SIGNATURE:
END OF SECTION
27
SECTION 00432
BID FORM SUPPLEMENTS
28
SECTION 00434
LIST OF PROPOSED SUBCONTRACTORS
BIDDER shaUlist all Proposed Subcontractors to be used on this project if they are awarded the contract.
CLASSIFICATION
OF WORK
NAME AND ADDRESS
OF SUBCONTRACTOR
Electrical
~,c 'S~~ ~
t\t~(.\ ~<-\---0 ~v~c.e<;
Bus Shelters
Paving
If, prior to Notice of the A ward, the City or the Contractor has reasonable objection to and refuses to accept any
Supplier, person or organization listed, the BIDDER may, prior to Notice of Award, submit an acceptable substitute
without an increase in their bid price.
END OF SECTION
32
SECTION 00450
BIDDER QUALIFICATION STATEMENT
The BIDDER's response to this questionnaire will be utilized as part of the City's overall Bid Evaluation and
Contractor selection.
I. Number of similar projects completed with a contract price in excess of $75,000.00
a) In the past 5 years S-
On Schedule VGS
Original contract priel overrun average % I 0
b) In the past 10 years
On Schedule
Original contract price overrun average %
List last (3) completed Projects with a contract price in excess of $75,000.00
Project Name ;::S,.,tH (iL~pt?<; &/,...~ ?nF'N
Owner Name C,-r:,.",,.. 1Y"'"""rh'/f'_' .B~<=4<+
Owner Address -:.~" ""'.oF Irno ~,4;:
--,N. -'3. 6_. ~ /.:z.
Original Contract Completion Time (Days) 6~
Original Contract Completion Date / -.".. -. 5
Actual Final Contract Completion Date ,,- j"" . a'
Original Contract Price ."r /!F#-. 3<;1/. _
Actual Final Contract Price '3--/". ~ ""....dlP
Project Name ~~./ ~~ 5#d/?~ ..d.l'MUA'<I1f"
Owner Name CQ:; "/,, 11""",;77<' N,_j ;iJe1elr'
Owner Address ' /7'''/ AI.&": /,,%'. p/dIF
-y",#fiI /P'jNW, ;dLFIJ<!',. A... 7~/n
Original Contract Completion Time (Days) ;a,
Original Contract Completion Date ' .. -lif - '" '5
Actual Final Contract Completion Date 6. ~., - o."c
Original Contract Price :;I ~;7, 7'/...""
Actual Final Contract Price I 0.... [;1'. "'''
Project Name #11'. $.5"11'.f'::..::2 ::SC"1~
Owner Name C''Y 01'" Y. 77I~ _ a-=-__
Owner Address . I"7'PII,n/.~. 1'97#- ;;d'$.
, ","""""TN /If/''4-w, i3EAr'If, 7"j, ~~/~;p
Original Contract Completion Time (Days) /rd
Original Contract Completion Date /I- ?''i. ,. ~
Actual Final Contract Completion Date I"'" /,9' - d........
Original Contract Price 1/1' /Y-l' '5'FL .tJl'J
Actual Final Contract Price / ~ />. 'If&.. dO
33
2. Current workload - Projects in excess of $75,000.00
Project Name
Owner Name
Contract Price
t)t4fl'w':IIulll/7?
77!ilG,orlf 4-#""- MQ~
Or... 4r ~1h' ~1H11
"~~
.g /~ ~.J-y; co
.
3. The following information shall be provided for this project:
a) Estimated construction man-hours q, 00 .
b) Percent man-hours to be performed by Contractor's permanent staft _ _ {(f(o
c) Percent man-hours to be performed by direct hired emplovee' for this Froject O't.
d) Percent man-hours to be performed by sub-contractors 50 Yb .
4. The following information shall be attached to the bid:
a) Contractor's home office organization chart.
b) Contractor's proposed organizational chart.
c) Resumes of proposed key project personnel, including on-site superintendent.
5. List and describe any: N'~
a) Bankruptcy petitions filed by or against the BIDDER or any predessor organizations,
b) Any arbitration's of civil or ctiminal proceedings or
c) Suspension of contracts or debarring from bidding by any public agency brought against
the BIDDER in the last (5) years.
6. Governmental References:
List other Governmental Agencies or Quasi-governmental agencies foe which you have done
business within the past fiv.!' years.
Name of Agency; (}I-C; IIr ,V,11.B. t:?I'IJI :C?~
Address; ,/-74/, #Pi' /4 1H /9tI"Pf tV:;?B. n.. ~ '/(:;-
Telephone No.; :3<!J~ ~ ?"7S"~
~:~~~~~~~~: -/:;::2 ~y.t~;~~~~4'6~
Name of Agency; ~~) aH'~ ~ ~
Address; ....;7". .......~ ~- ;z:r.- L. lo'\:.o; 'AL h "'3/>-
Telephone No.:' 9q. 7,;';-: 7'.,,,, 1 .
Contact Person: ~. ':l'1C~~
Type of Project: A..: ,r;."" -r,; :.:?__.. 'III' -#A#1i .:'i:fOIlL-
Name of Agency;
Address;
Telephone No.;
Contact Person:
Type of Project:
END OF SECTION
34
CONTRACTORS OFFICE & ORGANIZATIONAL
CHART
JOEL M. SELDIN - PRESIDENT
SEYMOUR SELDIN - SEC. / TRES.
RUSSELL PUCKER - PROJECT SUPERINTENDENT
JOEL M. SELDIN
President Seldin Construction Co.
BS Communications University of Tennessee
State of Florida General Contractor (1972)
CM @ Risk City of North Miami Beach
Continuing Education:
Construction Business Management
Florida Administration Building Code
OSHA Administration
Florida Lien Law
Specializing in commercial construction directed towards Institutional, State
and local Government
ON-SITE SUPERINTENDENT
RUSSELL W. PUCKER
President RW Pucker Carpentry Inc.
State of Florida General Contractor
Battalion Fire Chief City of Lauderdale Lakes (Retired)
Master Carpenter
Project Management & Supervision Seldin Construction
SECTION 00454
NON-COLLUSION AFFIDAVIT
State of
ho'l:l,PICI .
)
) ss
)
County Of~alUlI4 ..../~
~ '.~
~ CJEL- --$kG. tJllI , 772~s. being first duly sworn, deposes and says that:
- -
(1) HeJShe(fhey is/are the ~.c::>/ I}ff.JVr-
(Owner, Partner Officer, Representative or Agenl}Of
~3)/17 r"ff~Lf L2> the BIDDER that has submitted the attached Bid;
(2) HeJShefThey is/are fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives, employees or
parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or
indirectly, with any other BIDDER, finn, or person to submit a collusive or sham Bid in connection with the Work
for which the attached Bid has been submitted; or to refrain from bidding in connection with such Work; or have in
any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any
BIDDER, fIrm, or person to fix any overhead, profIt, or cost elements of the Bid or of any other BIDDER, or to [lX
any overhead, profIt, or cost elements of the Bid Price or the Bid Price of any other BIDDER, or to secure through
any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person
interested in the proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of its agents,
representatives, owners, employees or parties in interest, including this affiant.
Signed, sealed and delivered
in the presence of:
{ll~ZJi'N/
. led Name)
B, hf)~W~-
oe- N\.. Se\ ~.\~
~GS;.L).F~
(Title)
./
35
ACKNOWLEDGMENT
State ofFloci4lt ~
County of~
On this theA7'/ day of~.0'(, 200 'I ,before me, the undersigned Notary
Public 0 f~ 0 fFI da, personally appeared
~
L. Et., and
(Name(s) of individual who appeared before notary)
whose narne(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC:
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print, Stamp, or Type
if Personally known to me, or
o Personally identification:
as Commissioned.)
END OF SECTION
36
SECTION 00456
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida Stale Statutes - "A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid
on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public
entity for the construction or repair of a public building or public Work, may not submit bids on leases of real
property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Subcontractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of
the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the
convicted vendor list".
CONFLICTS OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDER's
must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or
employee of the City of A ventura or ifs agencies.
37
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
TIllS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTIfORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted
by ~~~
;~r/.~1/~~ ./ ~~~.
and (if applicable) its
Federal Employer Identification number (FEIN) is ~.~~~ (IF the entity had no FEIN, include the
Social Secnrity Nnmber of the individual signing this om en ; .
2. I understand that a "public entity crime" as dermed in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of business
with any public entity or with an agency or political subdivision of any other state or with the United States,
including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an
agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
to C]iy t'J? ,jh~1V.f<-/120./
whose business address
3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or
state trail court of record relating to charges brought by indictment or information after July I, 1989, as a result of a
jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as dermed in Para. 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. Any entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors,
partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement, shall be a prime facie case
that one person controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shaII be considered an
affiliate.
5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or
entity organized under the laws of any state or of the United States with the legal power to enter into a binding
Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public
entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes
those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
management of any entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Indicate which statement applies.)
~ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the
entity has been charged with and convicted of a public entity crime subsequent to July I, 1989.
38
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the
entity has been charged with and convicted of a public entity crime subsequent to July I, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the
entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there has
been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings
and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and
the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor list. (Attach a copy of the fmal order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY
AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT
IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
"~~ taQ:
<:-- q.L/)/H/
-
~E~
(Title)
(Printed Name)
Sworn to and subscribed 9l:fore me thiS~ day of r'(~.; , 20~
Personally known V
Identification Notary Public - State of /-7-1') i2 !..3/-f
My Commission Expires
,\\llIlli Linda Peterman
,\ti'Y~"
(Type ofIdentification) f:~~<<~~ CommISSion #lJlJ201802
0;";.. ~.i' Expires Apr 09, 2007
...."~~Off\.O~'~. Bonded.Thru
"'1,1" i\tlrmt!cBondmgCo.,lnc.
Or Produced
(Printed, typed, or stamped commission name of notary public)
END OF SECTION
39
CITY OF A VENTURA
BUS SHELTER NO. 16
20950 Biscayne Boulevard
Aventura, Florida
BID No. 04-4-19-2
ADDENDUM NO.1
AuguS112, 2004
Bidders are required to acknowledge receipt of the ADDENDUM NO.1 by signing this sheet
and attaching it to their bid. Failure to do so may cause the bid to be considered
non-responsive and subject to rejection.
Please take notice of the following revisions, clarifications or additionaI intormation on the
above referenced project.
Sheet 1-1 of the olans:
I. The new sidewalk will meet FDOT standards at 4" thickness.
Sheet 6 of 6 of the olans:
1. There are no pavers on this project
2. The base plate support is to be flush with new sidewalk with the head of the anchors
exposed.
3. The footing detail on Sheet 6 of6 requires no re-bars. The Engineer of Record will sign
and seal the plans as shown.
CITY OF A VENTURA
BUS SHELTER NO. 16
10950 Biscayne Boulevard
A ventura, Florida
BID No. 04-4-19-1
ADDENDUM NO.2
April 13, 2004
Bidders are required to acknowledge receipt of the ADDENDUM NO.2 by signing this sheet
and attaching it to their bid Failure to do so may cause the bid to be considered
non-responsive and subject to rejection.
Please take notice of the following revisions, clarifications or additional information on the
above referenced project.
I. Addendum No.1. dated August 12,2004 should have been dated April 12, 2004.
2. Sheet 6 of 6 of plans, as defined in Addendum No.1, Item NO.2 is revised to read as
follows:
Base plate support to be above finished surface of new sidewalk. Shelter
manufacturer to supply aluminum cover plate for each post. Finish to be
Aventura Green color (see attached drawing by Graphic Systems, Inc. dated
4113/04).
II'
I, ~
.'11 ~
\ .
. !j
-L "
" .,
I, i'
'!1 :1
II
E'd
I,
.,
;-
.j
I
P .,
]11
f
l\
,I
. ,
. i
-<
.
i
i
dE~:20 ~o El ~dH
ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/ODIYYVY)
_ TM 12/29/2003
PRODUCER (305)822 -7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 9315 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami Lakes, FL 33014-9315
Raquel Williams INSURERS AFFORDING COVERAGE NAIC#
INSURED Sela1" Lonstructlon LO. t .Lnc. INSURER A: Amerisure Mutual Ins Co
1391 Shotgun Road INSURER B: Amerlsure Insurance Co 09088
Sunrise, Fl 33126 INSURER c:
INSURER D"
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLiCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POUCY NUMBER DATE'tMMfDDlYVi DATE CMM/DDlYYI UM1TS
GENERAL UABIUTY CPP ., 12004 EACH OCCURRENCE $ 1,000,000
y- COMMERCIAL GENERAL LIABILITY PREMISES le'a occurence\ $ 50,000
1 CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000
A PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
[, n:RO. n.
POLICY JECT laC
AUTOMOBILE LIABILITY :1, U!/' COMBINED SINGLE LIMIT
- ANY AUTO (Ea accident) $
1,000,000
- ALL OWNED AUTOS
BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
A ~
HIRED AUTOS BODILY INJURY
(Peraccidenl) $
NON-OWNED AUTOS
PROPERTY DAMAGE $
H (Per accident)
GARAGE LIABIUTY AUTO QNL Y - EA ACCIDENT $
R ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESs/UMBRELlA LIABILITY EACH OCCURRENCE $
P OCCUR o CLAIMS MADE AGGREGATE $
$
==1 ~EDUCTIBLE $
RETENTION $ $
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CITY OF AVENTURA
BID TABULATION
BUS SHELTERS #16
BID NO. 04-4-05-19
BID OPENING AT 2:00 PM ON APRIL 19. 2004
T etal Bid Addendum 1 & 2 Proper Bid Schedule Subs Listed Bidder
Acknowledged Bond of Values Qual. Stmt.
Seldin Construction, Inc. 94,951.00 Ves Ves Ves Ves Ves
Project Manual Public 4 Copies of Certificate of Certificate of
Included Entity Crime Bid Insurance Competencies
Affidavit
Ves Ves Ves Ves Ves
T etal Bid Addendum 1& 2 Proper Bid Schedule Subs Listed Bidder
Acknowledged Bond of Values Qual. Stmt.
Tropex Construction Services 97,726.29 Ves Ves Ves No Ves
Project Manual Public 4 Copies of Certificate of Certificate of
Included Entity Crime Bid Insurance Competencies
Affidavit
No Ves Ves No Ves
Total Bid Addendum 1 & 2 Proper Bid Schedule Subs Listed Bidder
Acknowledged Bond of Values Qual. Stmt.
Vila & Sons Landscaping 97.934.00 Ves Ves Ves Ves Ves
Project Mauual Public 4 Copies of Certificate of Certificate of
Included Entity Crime Bid Insurance Compancies
Affidavit
No Ves Ves Ves Ves
Total Bid Addendum 1 & 2 Proper Bid Schedule Subs Listed Bidder
Acknowledged Bond of Values Qual. Stmt.
Bi- Tech Construction 102,715.66 Ves Ves Yes Ves Ves
Project Mauual Public 4 Copies of Certificate of Certificate of
Included Entity Crime Bid Insurance Compancies
Affidavit
Ves Ves Ves Ves Ves
Total Bid Addendum 1 & 2 Proper Bid Schedule Subs Listed Bidder
Acknowledged Bond of Values Qual. Stmt.
Zurqui Construction Services 106,496.98 Yes Yes Yes Yes Yes
Project Mauual Public 4 Copies of Certificate of Certificate of
Included Entity Crime Bid Insurance Compancies
Affidavit
Yes Yes Yes Yes Yes
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, I
City Manager
BY:
Joanne Carr, AIC~
Planning Director J
DATE:
April 21 , 2004
SUBJECT:
Application for Amendment to the Official Zoning Map of the City of
Aventura by amending the zoning designation for a .51 acre parcel on NE
34 Avenue and North Country Club Drive from CF, Community Facility
District to RMF4, Multifamily High Density Residential District. (01-REZ-
04)
May 4, 2004 Local Planning Agency Agenda Item 3 A
May 4, 2004 City Commission Meeting Agenda Item tJ 4
June 1, 2004 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission deny the application for amendment to the
Official Zoning Map of the City of Aventura by amending the zoning designation for a .51
acre parcel of land at northeast corner of North Country Club Drive and NE 34 Avenue
from CF, Community Facilities District, to RMF4, Multifamily High Density Residential
District, because it does not meet the standards for review of amendments to the
Official Zoning Map set out in Section 31-77(f) of the City Code.
THE REQUEST
The applicant, Aventura Ensenada Inc., is requesting an amendment to the Official
Zoning Map of the City of Aventura by amending the zoning designation for a .51 acre
parcel of land at the northeast corner of North Country Club Drive and NE 34 Avenue
from CF, Community Facilities District to RMF4, Multifamily High Density Residential
District. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY:
Aventura Ensenada Inc.
NAME OF APPLICANT:
Aventura Ensenada Inc.
LOCATION OF PROPERTY:
North Country Club Drive at NE 34
Avenue
See Exhibit #2 for Location Map
and Exhibit #3 for Aerial Photograph
LEGAL DESCRIPTION:
Part of Tract F, First Addition Biscayne Yacht
and Country Club, Plat Book 89, Page 100, as
recorded in the public records of Miami-Dade
County, Florida
See Exhibit #4 for complete legal description
SIZE OF PROPERTY:
Approximately .51 acres
DESCRIPTION /BACKGROUND
The site is comprised of a .51 acre upland parcel at the northeast corner of North
Country Club Drive and NE 34 Avenue. For the past 23 years, it has been used as a
private park, maintained by the Joint Council of Aventura under a 1981 agreement
between the Joint Council and various parcel owners on Country Club Drive. The site is
a grassed area with trees, a bench, a flag pole, pet waste facilities and two "George
Berlin Park" signs.
As the applicant states in its Letter of Intent, the former County zoning on this parcel
was RU-4A which permitted single family dwellings, duplexes, quadruplexes,
townhouses, multi-family apartment buildings, at a maximum density of 50 residential
dwelling units per acre, along with hotels, motels, public art galleries, libraries and
museums, bungalow villa arrangements, housing projects, community residential facility
and accessory uses. Height in the RU-4A zone was controlled by shadow, setback,
floor area ratio and other site development criteria.
The RMF4 zoning district requested by the applicant permits two family dwellings,
triplexes and quadruplexes, townhouses, low-rise, mid-rise and high-rise apartments,
publicly owned recreation buildings and facilities, playgrounds, playfields and parks and
accessory uses, at a maximum height of 40 stories or 400' and a maximum density of
60 dwelling units per gross acre. At this density, a maximum of 30 units may be
constructed on the .51 acre parcel.
2
Upon enactment of the City's Land Development Regulations in July of 1999, this
parcel of land was zoned CF, Community Facilities District, to recognize its past and
current use as a private park. The future land use designation of the parcel is Medium-
High Density Residential. The City received no verbal or written objection from the
applicant relating to the zoning of this parcel in 1999. Enactment of the City's Land
Development Regulations was properly noticed as required by statute.
The applicant has not submitted an application for site plan approval, but has requested
preliminary comments on a proposed site plan at pre-application meetings with City
staff. Although this application for rezoning includes only the .51 acre parcel at the
northeast corner of North Country Club Drive and NE 34 Avenue, the applicant has
advised that it proposes to join this parcel with other submerged lands that it owns and
construct 206 residential units on the upland parcel. The traffic study discussed in this
report has therefore examined development of 30 units based on the .51 acre rezoning
parcel and 206 units proposed by the applicant with parcel consolidation. The manner
of parcel consolidation has been proposed only. City staff have not made any
determination as to the appropriateness of such a consolidation. The applicant has
also been advised that upon submission of a site plan application, the plan would be
subject to review under the criteria of Section 31-79 and all other relevant sections of
the City Code. Rezoning approval is not approval of a site development plan. City staff
has preliminarily commented that there are concerns as to traffic, drainage and lot
configuration and that final review of any site plan would be conducted and comments
provided upon submission of an application for site plan approval. For the purposes of
this report, evaluation is made only on the 30 units per acre that would result from an
RMF4 zoning designation on a .51 parcel of land. A survey of the site is attached.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Medium High Density Residential
Water
Parks and Recreation
Medium High Density Residential
Medium High Density Residential
CF, Community Facilities District
RMF4, Multi-Family High Density Residential District
ROS, Recreation Open Space
RMF4, Multi-Family High Density Residential District
RMF4, Multi-Family High Density Residential District
private park
marina
3
Properties to the South:
Properties to the East:
Properties to the West:
golf cou rse
8 story residential condominium
16 story residential condominium
Access - The parcel has approximately 156 feet of fr.ontage on North Country Club
Drive and approximately 146 feet of frontage on NE 34 Avenue.
Conformity to City Comprehensive Plan - The proposed amendment is consistent
with the existing future land use designation of Medium High Density Residential. The
proposed amendment is not consistent with the Transportation Goal of the
Comprehensive Plan, which is "to provide a safe and efficient multimodal transportation
system appropriate to serve the needs of the City.. .".
Standards for reviewing proposed amendments to the Official Zoning Map found
in Section 31-77 of the land Development Regulations:
1. Whether or not the proposed amendment is consistent with goals, objectives and
policies of the City's Comprehensive Plan.
The proposed amendment is consistent with future land use element of the City's
Comprehensive Plan in that the parcel is designated as Medium-High Density
Residential land use. The proposed amendment is not consistent with the Goal of
the Transportation Element of the City's Comprehensive Plan, which is "to provide a
safe and efficient multi modal transportation system appropriate to serve the needs
of the City...". The traffic study attached as Exhibit #5 shows that the proposed
development does not result in safe and efficient operation of the intersection.
2. Whether or not the proposed zoning district is compatible with the surrounding
area's zoning designation(s) and existing uses.
Although there are other RMF4 zoned lands to the east and west of this site, the
proposed zoning district will not be compatible with existing uses as it will create
increased traffic congestion and safety concerns in this neighborhood.
3. Whether or not the subject property is physically suitable for the uses permitted in
the proposed district.
The subject property is not physically suitable for the uses permitted in the proposed
district. This site is located at a congested intersection and proposed development
will increase that congestion. The property is located on a road that, due to its short
length, is controlled by intersections on either end. A North Country Club Drive
entrance is not recommended by the City's Traffic Consultant as access into the site
from this street would have to be completed without the benefit of turn lanes or
signalization at an existing median cut, which would create unsafe conditions. A 34
Avenue entrance is limited to right-in, right-out only due to the offset of the existing
median. Drivers would therefore need to make u-turns at an already congested
4
intersection. The traffic report states that "... allowing left turn ingress at this
location lie. NE 34 Avenue] would result in extended southbound queues along NE
34 Avenue and left turn egress would likely prove difficult particularly during the
peak hours leaving drivers to accept gaps in through traffic that are usually
rejected... "
4. Whether or not there are sites available in other areas currently zoned for such use.
There are sites available in other areas currently zoned for RMF4 uses.
5. If applicable, whether or not the proposed change will contribute to redevelopment
of an area in accordance with an approved redevelopment plan.
This standard is not applicable to this proposed amendment.
6. Whether or not the proposed change would adversely affect traffic patterns or
congestion.
The following information relative to existing permitted uses and the proposed
amendment is excerpted from the traffic report from the City's Traffic Consultant,
Tinter Associates Inc., Transportation Engineers, dated April 14, 2004 and attached
as Exhibit #5.
0.51 Acre Parcel
Zoning Category
Daily
Vehicle Tri s
1
231
PM Peak Hour
1
22
The report shows that the intersection of North Country Club Drive and NE 34
Avenue is congested at present and a 30 unit development will increase that
congestion. The report notes that, due to the short length of NE 34 Avenue
between North Country Club Drive and NE 207 Street, substantial vehicular queues
cannot be accommodated. The p.m. peak hour traffic analysis of a 30 unit
development shows the southbound queue extends far enough in the northern
direction to adversely affect operation of the intersection of NE 34 Avenue and NE
207 Street. It also notes that the vehicular traffic from three approved but as yet
unoccupied sites will reduce any available roadway or intersection capacity in this
area. The traffic report further notes that".. .as vehicular delays and queue lengths
increase to unacceptable levels (reflecting saturated conditions) so, too, does the
willingness of drivers to take chances they would not ordinarily take increase."
These factors show that the proposed change would adversely affect traffic patterns
or congestion.
5
7. Whether or not the proposed change would adversely impact population density
such that the demand for water, sewers, streets, recreational areas and facilities,
and other public facilities and selVices would be adversely affected.
Address Lot Size Increase in ,Population Overall Increase
Density Factor in Population
Existinq Park site 0.51 ac 60 du/ac 1.79 55
The proposed change would not adversely affect population density such that the
demand for water, sewers and other public facilities and services would be
adversely affected. As noted in Standard #6, streets will be adversely affected by
the proposed development.
8. Whether or note the proposed change would have an adverse environmental impact
on the vicinity.
The proposed change will not have an adverse environmental impact on the vicinity.
9. Whether or not the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed change will adversely affect the health, safety, and welfare of the
neighborhood or the City as a whole. The traffic concerns noted in the report
referred to in Standard #6 pose a safety concern to the neighborhood and to the
City as a whole.
School Impacts - The application has been provided for comment to the Miami Dade
County School Board in accordance with the Interlocal Agreement entered into between
the City and the Board in February of 2003. The Interlocal Agreement provides that the
School Board must first advise what options it has identified to meet the anticipated
demand and, then, if the affected schools are at more than 115% capacity, the School
Board will ask the applicant and the City to meet with it in a collaboration meeting to
discuss additional options to relieve overcrowding.
The School Board's letter of April 2, 2004 is attached as Exhibit #6. It notes that a 30
unit development on this site will impact the middle and high school currently operating
at 181% and 143% of FISH capacity and that the proposed development will generate
three new students, one at each of the elementary, middle and high school levels. The
Board's recommendation is that the applicant, the City and the School Board meet to
discuss options and alternatives.
Conclusion - An evaluation of the standards of review for amendment to the Official
Zoning Map set out in Section 31-77(f) of the City Code clearly show that the
application to change the zoning on this parcel to the RMF4 category does not meet
those standards. Staff would support a reduced intensity of residential development on
this site and suggests an RS2 zoning category which will allow single-family detached
6
dwellings, zero lot line dwellings, publicly owned recreation buildings and facilities,
playgrounds, playfields and parks and accessory uses, at a maximum density of 25
dwelling units per net acre, a height of 3 stories or 55 feet with a minimum lot size of
4,000 square feet. The minimum lot size will allow a maximum of 5 dwellings (.51 acres
or 22,215.60 square feet /4,000 square feet = 5 units). The City's Traffic Consultant
has advised that traffic associated with 5 single family dwellings is not anticipated to
have an impact on traffic patterns or congestion.
7
we deliver creative and effeclivebusine lions and counsel
B ERG E R S [ N G ERMA N
attorneys at law
B 0 C iI Rill 0 (1 Fa r I La u d e r d " Ie It( i ami Tilll a h a sse e
Samuel E. Poole, III
954.627.9918
spoole@bergeTsingennan.com
RECEIVED
January 21,2004
J/>.N 2 2 200.'
COMMUNITY DEVC~
Joanne Carr, Community Development Director
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Re: Letter of Intent Concerning Rezoning Private Property Known As George Berlin
Park
Dear Ms. Carr:
This letter is submitted on behalf of Aventura-Ensenada, Inc. (AEI), the owner of a .5l-acre
parcel ofland at the northeast corner of Country Club Drive and northeast 34th Avenue identified
by two signs as "George Berlin Park" (the AEI Property). The AEI Property and the adjacent
properties were designated for high density residential and hotel uses by the 1969 master plan for
Aventura, by the Dade County Zoning Code and Comprehensive Plan, and by the City of
A ventura Comprehensive Plan.
These zoning and planning regulations remained in place on all of these properties until July 13,
1999, when all but the AEI Property were designated as "Multifamily High Density Residential"
(RMF4) by the adoption of the Aventura Land Development Regulations. The AEI Property
alone was downzoned to "Community Facilities" (CF), for no reason other than "the property
looked like a park."
In fact, AEI has owned and paid taxes on the Property since 1971 with the expectation that the
time would come when additional multifamily housing would be needed in Aventura. AEI
believes that the AEI Property is needed to meet housing demand in Southeast Florida, where
population growth continues notwithstanding the exhaustion of land supply in the western
reaches of Miami-Dade and Broward Counties. The location of the AEI property is particularly
advantageous to the new pedestrian oriented mixed-use development solution to automotive
congestion due to the proximity of shopping, entertainment, employment and recreation within
walking and community bus distances.
AEI now desires to fulfill its reasonable investment-backed expectations by exercising its private
property rights to build a multifamily residential building. The AEI Property retains (under the
Aventura Comprehensive Plan) the high density multifamily designation established by the
EXHIBIT 1
01-REZ-04
350 East Las Olas Boulevard Suite 1000 fort Lauderdale, florida 33301 Telephone 954.525.9900 facsimile 954.523.2872
Ms. Joanne Carr
January 21, 2004
Page 2
County in 1969. The City's redesignation of the AEI Property for high density multifamily use
would bring the AEI Property back in line with adjacent properties, and would reconcile the
conflict which currently exists between the City's Land Development Regulations, and the City's
Comprehensive Plan, concerning the AEI Property.
AEI therefore requests that the multifamily residential district be re-established on the AEI
Property by designating the AEI Property as RMF4, consistent with the adjacent properties that
carried the same zoning and planning designations as the AEI Property until the enactment of the
Aventura Land Development Regulations on July 13, 1999.
Very truly yours,
BERGER SINGERMAN
~o&R
SEP
2474~lier creallve ilnd effective business :;olutions and counsel
BERGER SINGERMAN
attorneys at law
For! L a II d C f d Q I c 1.1 jam i To /I a n Q 5 S t: e
BROWARD COUNTY
..-.-.---.
DADE COUNTY;"
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EXHIBIT 3
01-REZ-04
A PARCEL OF LAND DESCRIBED AS A PORTION OF TRACT "r OF FIRST ADDITION BISCAYNE YACHT AND COUNTRY CLUB. ACCORDING TO 'THE PLAT
'THEREOF. AS RECORDED IN PLAT BOOK 89 AT PAGE 100 OF THE PUBLIC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY). FLORIDA. MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST)..; CORNER OF SECTION 35. TOWNSHIP 51 SOU'TH. RANGE 42 EAST CITY OF AVENTURA. MIAMI-DADE COUNTY, FLORIDA:
'THENCE S02"OO'25"E FOR 1.60 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO 'THE ~ORTHWEST: THENCE ALONG 'THE ARC OF
SAID CURVE. HAiliNG A RADIUS OF 1091.35 FEET AND A CENTRAL ANGLE OF 1019'43" FOR 196.74 FEET TO A POINT ON SAID CURVE: 'THENCE SB1'
40'42"E ON A LINE RADIAL TO THE POINT ON CURVE FOR 50.00 FEET TO A POINT ON 'THE BOUNDARY OF SAID TRACT "F:" THENCE SOS19'lS"W FOR
1.69 FEET TO THE POINT OF BEGINNING OF SAID PARCEl OF LAND; THENCE ALONG THE BOUNDARY OF SAID TRACT -r FOR THE FOLLOI'o1NG THREE (
COURSES; (1) THENCE CONTINUE SOB~9'lS-W FOR 96.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO 'THE NOR'THEAST: (2)
'THENCE ALONG THE ARC OF SAID CURVE. HAiliNG A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 90'00'00- FOR 7S.54 FEET TO THE POINT OF
TANGENCY: (3) THENCE SSl'40'42"E FOR 106.00 FEET TO A POINT ON SAID BOUNDARY OF TRACT -F;" THeNCE NOS19'lS-E FOR 146.00 FEET: THENC
NB1'40'42-W FOR 156.00 FEET TO THE POINT OF BEGINNING.
EXHIBIT 4
01-REZ-04
....~\
Tinter Associates, Inc. , Transportation Engineers
3303 West Commercial Blvd' Ste 201. FI. Lauderdale. FL 33309. (954)484-3633'MOlalWD;12' W\\wtinteLcom
APR 1 6 2004
April 14, 2004
COMMUNITY DEVl:LOPMENT
Ms. Joanne Carr, AICP
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RE: AVENTURA ENSENADA, INC.
CITY OF AVENTURA
TINTER ASSOCIATES PROJECT NO. 01-2051R
Dear Ms. Carr:
As requested by your office, and in accordance with our contract with Craven Thompson and
Associates, Inc., this firm has examined conditions along North Country Club Drive and at the
intersection created by North Country Club Drive and N.E. 34th Avenue. The impetus for this
work effort is detailed in a letter from your office dated March 8, 2004 regarding a request for
rezoning 0.51 acres located within the northeast quadrant of the referenced intersection. Figure
1, attached shows the general location of the site intended for development. A boundary survey
transmitted with your March 8 correspondence was used as a basis for the following analysis.
Background
The subject property is now zoned CF (Community Facilities District) and is a private park with
no on-site parking facilities. It is our understanding that the rezoning request is for RMF4 (Multi-
Family High Density Residential District) with a maximum density of 60 dwelling units per acre.
It is our further understanding that once this property is rezoned, the Applicant would like to join
this land with other submerged land under the same ownership and apply for site plan approval
for 206 residential units on the 0.51 acre upland parcel. The following report sections will
evaluate both the trip-making potential and the effect on area transportation facilities of the
request for rezoning to RMF4 (30 du) and the ultimate intended plan of 206 residential units.
Trip Generation
Trip generation characteristics were quantified through use of data available from the Institute of
Transportation Engineers (ITE) report Trip Generation, 7th Edition. These documents provide
trip generation data for a variety of development types based on daily and peak-hour scenarios,
and often indicate the percentage split between entering and exiting trips.
Table 1, at the back of this report, summarizes expected trip generation characteristics in three
distinct scenarios: CF (Community Facility), RMF4 (30 Multi-Family Dwelling Units), and RMF4
with submerged property (206 Multi-Family Dwelling Units). Site traffic volumes shown in these
tables were derived using rates provided in land use categories 'Park' (Land Use Code 411),
and Residential CondominiumlTownhouse (Land Use Code 230). As shown in Table 1 the
existing park produces minimal traffic with one (1) vehicle trip expected within a 24-hour period.
EXHIBIT 5
01-REZ-04
City of Aventura
April 14, 2004
Page 2
The request for rezoning to RMF4 (at 60 units per acre) should produce 231 vehicular trips in a
typical 24-hour period with 20 trips occurring during the A.M. peak hour (3 entering and 17
exiting) and 22 trips occurring during the P.M. peak hour (1'5 entering and 7 exiting). Similarly,
the requested rezoning to RMF4 with consideration of the submerged property may yield 1,186
vehicular trips in a typical 24-hour period with 92 trips occurring during the A.M. peak hour (16
entering and 76 exiting) and 109 occurring during P.M. peak hour (73 entering and 36 exiting).
Data Collection
Turning movement count data were collected at the signalized intersection of North Country
Club Drive and N.E. 34 Avenue on Tuesday March 16, 2004. The data was collected during the
typical A.M. peak hour of the roadway network (7:00 A.M. to 9:00 A.M) and during an extended
P.M. peak hour (2:00 P.M. to 6:00 P.M.). Figure 2, at the back of this report, shows existing
A.M. and P.M. peak hour intersection turning movements as observed by this firm.
A 24-hour machine count was conducted along North Country Club Drive the results of which
are also shown in Figure 2. Appendix A, attached, includes all count data as collected while
Appendix B includes turning movement summary sheets detailing existing traffic volumes and
turning movements attributable to the development as proposed.
Proiect Traffic Distribution and AssiQnrnent
The distribution of site-related traffic is the pairing of trip ends originating and terminating within
the site with area land uses. Site traffic distribution characteristics were achieved through
review of current vehicular travel patterns the results of which are shown in Figures 3 through 6.
Figures 3 and 4 illustrate the effect of providing a driveway to the subject property along N.E.
34th Avenue servicing 30 and 206 multi-family dwelling units, respectively. This access location
has been limited to right-turn ingress and egress due to the offset of the existing median. In
addition, allowing left-turn ingress at this location would likely result in extended southbound
queues along N.E. 34th Avenue and left-turn egress would likely prove difficult particularly during
the peak hours leaving drivers to accept gaps in the through traffic that are usually rejected.
Figures 5 and 6 show project-specific turning movement volumes with a driveway provided
along North Country Club Drive servicing 30 and 206 multi-family dwelling units, respectively.
Although a median opening currently exists immediately east of the subject property, access is
limited to right-turn ingress and egress due to the offset of the existing median.
Capacity Analvsis
Analysis of daily conditions along North Country Club Drive, a 4-lane divided facility, was
performed for existing and anticipated future traffic conditions with both development scenarios
(30 du and 206 du). The roadway segment analysis shown on the following page provides the
generalized maximum Level of Service volumes developed by the Florida Department of
Transportation in their most recent edition of Level of Service Standards and Guidelines Manual
for Planning. As shown below, North Country Club Drive adjacent to the project site is currently
operating within acceptable level of service thresholds and is expected to continue to do so
under future scenarios. Traffic volumes studied, however, are not reflective of approved but as
yet unbuilt development in the area. Three residential developments including The Parc at
Turnberry (110 units), Turnberry Village (405 units), and The Hamptons (250 units) have been
approved by City staff but are not yet occupied. Vehicular traffic associated with these
developments will reduce any available roadway or intersection capacity noted herein.
Tinter Associates, Inc. . Transportation Engineers
City of Aventura
April 14, 2004
Page 3
North Countrv Club Drive Analvsis
'T~Cj:iiss"LcicafioH~:"':ei1nes'~'::"'?CapacitY~'~'"':~XJsti!jg"":'"
N.E. 34'" Avenue 4' D 21,700 vpd 14,941 vpd
I N. Country Club Dr. J..
. vpd = vehicles per day
.' "'Wr.3_~'ai:r-"""i\y!1~DS:au':'1
14.979 vnd 15.15', vpd
15,134 vpd 15,956 vpd I
Signalized intersection capacity analyses were completed for existing and future peak hour
conditions for the intersection of North Country Club Drive and N.E. 34th Avenue. The analyses
incorporate signal timing provided by Miami-Dade County and use of the Highway Capacity
Software, a microcomputer software program based on methods outlined in Chapter 9 of the
Highway Capacity Manual. The results of the intersection analysis are summarized below.
Club Drive at N.c. 34'i' Avenue LOS Anal sis
N. Country Club Dr.
. vehicular delay is expressed in seconds per vehicle
Although overall the intersection is shown to operate at Level of Service 'C' through each
development scenario, the southbound left-turn was observed to deteriorate to LOS 'E' in both
access scenarios with the addition of vehicular traffic associated with the 206-unit development.
As a result of the increased left-turn delay and the fact that North Country Club Drive is
extreme~ close to N.E. 207th Street (within approximately 310 feet) resulting in the inability of
N.E. 34 Avenue to accommodate substantial vehicular queues, vehicular queue lengths
associated with each development scenario have been examined. From the signalized
intersection analysis the following 95-percentile queue lengths were noted.
Existing
AM 5.4 2.7 14.3 3.0 3.0 13.0 10.0
PM 10.0 3.8 12.1 0.9 1.2 20.9 11.1
Access from N.E. 34th Avenue (North Access)
30 dU,AM 5:5 2.7 14.3 3.0 3.0 13.0 10.0
PM 10.2 3.8 12.2 0.9 1.2 21.5 11.1
206 du AM 5.6 2.7 14.5 3.0 3.0 13.3 10.0
PM 11.1 3.8 12.7 0.9 1.2 24.3 11.1
Access from North Country Club Drive South Access)
30 du AM 5.4 2.7 14.9 3.0 3.0 13.0 10.0
PM 10.0 3.9 12.3 0.9 1.2 21.5 11.1
206 du AM 5.5 2.8 16.9 3.0 3.0 13.3 10.0
PM 10.1 4.2 13.1 0.9 1.2 24_3 11.1
. Shaded and boxed areas show scenarios with Ina-eased vehicular queue (when compared to existing values).
Tinter Associates, Inc. . Transportation Engineers
City of Aventura
April 14, 2004
Page 4
As shown above, three of four intersection approaches will be affected by the proposed
development whether 30 or 206 units are constructed. Eastbound queues should experience
an increase of one (1) queued vehicle during the studied' peak hours. Similarly, westbound
queues may see an increase of 2 to 3 vehicles. Northbound vehicular queues are expected to
remain relatively stable while southbound queues may experience an increase of up to 4
vehicles during the P.M. peak hour. The southbound queue, as calculated by the Highway
Capacity Software, extends far enough in the northern direction to affect operation of the
signalized intersection of N.E. 34th Avenue with N.E. 207th Street.
Please note, the above analyses rely on the completion of u-turns. For the north access
scenario the u-turn maneuver (entering) is a southbound to northbound movement at the
signalized intersection. For the south access scenario the u-turn maneuver (entering) is an
eastbound to westbound movement at the existing median opening immediately east of N.E.
34th Avenue while a second u-turn maneuver (existing) is a westbound to eastbound movement
at the signalized intersection. The latter two u-turn maneuvers would have to be completed
within existing travel lanes, as exclusive turn lanes are currently not available. The Applicant
should demonstrate how these maneuvers can be completed in a safe and efficient manner.
Conclusions
From the analysis described above the following can be concluded:
. The existing park produces minimal traffic with one (1) vehicle trip expected within a 24-
hour period.
. The request for rezoning that would result in construction of 30 multi-family dwelling
units should produce 231 vehicular trips in a typical 24-hour period with 20 trips
occurring during the A.M. peak hour and 22 trips occurring during the P.M. peak hour.
. The request for rezoning and consideration of submerged properties that would result in
construction of 206 multi-family dwelling units should yield 1,186 vehicular trips in a
typical 24-hour period with 92 trips occurring during the A.M. peak hour and 109
occurring during P.M. peak hour.
. North Country Club Drive is currently operating within acceptable levels of service and
should continue to do so upon buildout of either 30 or 206 dwelling units. Traffic
volumes studied, however, are not reflective of approved but as yet unbuilt development
in the area. Vehicular traffic associated with un built development will reduce or eliminate
completely any available roadway or intersection capacity noted herein.
. Although overall the signalized intersection of North Country Club Drive at N.E. 34th
Avenue is shown to operate at Level of Service 'C' through each development scenario,
the southbound left-turn was observed to deteriorate to LOS 'E' in both access scenarios
once vehicular traffic associated with the 206-unit development is considered. Please
note that as vehicular delays and queue lengths increase to unacceptable levels
(reflecting saturated conditions) so, too, does the willingness of drivers to take chances
they would not ordinarily take increase.
Tinter Associates, Inc_ · Transportation Engineers
City of Aventura
April 14, 2004
Page 5
. The Queue Analysis completed and described herein shows an increase in the number
of vehicles queued on eastbound, westbound and southbound approaches.
. The southbound queue, as calculated by the Highway Capacity Software, extends far
enough in the northern direction to affect operation of the signalized intersection of N.E.
34th Avenue with N.E. 207th Street in every P.M. peak hour scenario.
. Ingress volumes associated with the 206-unit scenario will likely warrant construction of
a right-turn lane. The Applicant should, of course, document available right-of-way and
address adequacy of the property frontage to construct such a turn lane incorporating
current design standards.
I trust the infonnation contained herein will assist in your review of the rezoning request of 0.51
acres from CF to RMF4. Of course, should you have questions regarding the issues discussed
herein, please do not hesitate to contact me directly.
Very truly yours,
J-:~~ ~
J. Suzanne Danielsen, P.E.
Senior Project Engineer
JSD:t1b
VV\2001files\01.2051R.Q01
Tinter Associates, Inc. . Transportation Engineers
Site Location
1: Tinter Associates, Inc.
Transportation Engineers
."'" 3303 W. Commercial Blvd. Ste. 201
~ Ft. Lauderdale, FL 33309-3412
. (954) 484-3633 Fax: (954) 484-9612
www.tll1ter.com-CertofAuth.No.00004l49
FIGURE I
l'
xx = AM Peak Hour Volume
(XX) = PM Peak Hour Volume
XX = Daily Traffic
I
Aventura Ensenada Inc.
Existing Traffic Volumes
i 1: Tinter Associates, Inc.
, Transportation Engineers
...... 3303 W. Commercial Blvd. Ste. 201
~ Ft. Lauderdale. FL 33309-3412
(954) 484-3633 Fax; (954) 484-9612
www.[inter.com.Cert.ofAuth.No.00004149
F1GL'RE:
2 !
N.E. 34 Avenue Access
30 Multi-Family Dwelling Units
T: Tinter Associates, Inc.
Transportation Engineers
..... 3303 W, Commercial Blvd. Ste. 20\
~, Ft. Lauderdale, FL 33309-3412
. (954) 484-3633 Fax: (954) 484-9612
www.tmter.com.Cert.ofAuth.No.00004149
FIGURE!
3\
I
i Aventura Ensenada Inc '
. ,
,
I
! Aventura Ensenada Inc.
!
!
N.E. 34 Avenue Access
: 206 Multi-Family Dwelling Units
Tinter Associates, Inc.
t: ~ Transportation Engineers
3303 W. Commercial Blvd. Ste. 201
- Ft. Lauderdale. FL 33309-3412
(954) 484-3633 Fax: (954) 484-9612
www.tinter.com-Cert.ofAuth.No.00004149
FIGURE
4:
I
Aventura Ensenada Inc.
I North C~untry. Club Dr~ve Access
30 MultI-Family Dwellmg Units
~ \. Tinter Associates, Inc.
Transportation Engineers
_ 3303 W. Commercial Blvd. Ste. 201
Ft. Lauderdale, FL 33309-3412
(954) 484-3633 Fax; (954) 484-9612
WWw.tillter.com.Cert.ofAuth.No.00004149
FIGURE
5
Aventura Ensenada Inc. .
~ Tinter Associates, Inc.
Transportation Engineers
..... 3303 W. Commercial Blvd. Ste. 201
~, Ft. Lauderdale. FL 33309-3412
, (954) 484-3633 Fax: (954) 484-9612
www.tll1ter.com.Cert.ofAuth.No.00004149
,
IF1GURE
16
I
North Country Club Drive Access
i 206 Multi-Family Dwelling Units
APPENDIX A
Existing Traffic Volume Count Data
PD&E
10891 LA REINA ROAD, SUITE 100
LOCATION: COUNTRY CLUB DRIVE @ DELRAY BEACH, FL 33446 File Name : 34CCD
N.E. 34TH AVENUE TEL (561) 498-2304 FAX (561) 498-2305 Site Code : 00000000
CITY: AVENTURA Start Date : 3/16/2004
COUNTY: MIAMI - DADE Page No :1
Grou s Printed- VEHICLES
COUNTRY CLUB DR NE 34TH AVE
Westbound Northbound
Start Time Left Thru Righi App. Inl
Tolal Total
07:001<J1t 22 1 30 "6
07:15NA J1 1 44 21i
IJ7;30NA " 1 67 251
ON5AAl. " 5 .. 321
T'" 138 12 "5 "6
Oa.ilONA " . 36 "I " B7 1<7 1l 16 , 0 34 39 29 2 0 101 34J
08:15NJ. 65 6 59 130 41 90 132 11 8 1 0 26 51 44 2 0 " 385
M:30N.t " , 51 117 44 .. 129 14 12 . 0 30 62 55 4 0 121 397
08:45~ Bl , " 115 52 91 '" 13 12 , 0 " 38 " 4 0 90 J96
T'" 238 27 189 .54 195 352 551 '7 " 1l 0 138 190 176 12 . 378, 1521
02:OllPU " 5 44 10S 52 B3 0 120 12 9 0 0 21 71 " 8 150 J96
02:15PM 13 J " 132 " " 0 119 9 7 0 0 16 SJ SJ . 110 lIT
O>JO'" 7D 8 " '26 " 82 0 132 7 , 0 0 16 " 62 7 lJO ...
02:45PM " , 45 119 J1 OJ 0 93 7 7 2 . 16 75 46 , 126 J54
T" 265 24 193 ." 198 265 . 464 35 J2 2 0 "' 26' 229 24 '16 1531
03;00 PM 60 16 49 125 57 '7 0 145 7 J . 0 14 57 47 , 107 '"
03:15PM 91 12 45 '" 62 8l 0 '46 7 12 0 0 19 59 " 11 '26 .39
03:30PlA 85 8 51 144 BB BB 0 1JJ 5 10 t . 17 " 60 . 116 .10
03:45PM " 12 42 142 51 70 0 121 11 , 2 0 22 8l " 12 151 .36
T" '24 " 187 559 '" J05 0 545 11 34 7 0 72 251 219 JO soo 1676
04:00PM 80 1l 41 0 '34 0 49 74 0 123 6 9 t . 16 .. 62 , I 136 40'
04:15PM 71 7 46 0 111 0 SJ 65 2 120 5 2 , 0 10 B4 59 9 0 132 39'
G4:30PM 88 16 47 0 151 0 B1 BO 0 141 . S 2 0 11 7S 55 7 0 147 450
004:4SPtd 80 11 56 t '" 0 40 7' 0 119 9 6 1 0 16 87 " 9 0 154 431
To" 3" 47 190 1 S64 0 '" 29. 2 "3 24 22 7 . 53 290 244 34 t 5"' 1689
05:00PM 96 7 45 0 148 45 B1 108 , 6 0 10 87 51 7 \45 411
05:15PM 8B . 49 0 143 50 " 112 6 6 0 1l 80 " 11 1<7 '15
05:30PM 96 , 46 0 151 J6 56 " to 7 0 19 93 63 16 17J '35
05:45PM 91 10 21 0 122 " 55 107 2 10 . 12 " 45 13 '" 3"
T" 369 34 161 0 S64 153 230 '" 2t 29 0 54 J22 21S 47 '" 1622
G<.""", 1860 197 1055 t 29131 20 1160 1M1 2 28731 217 216 43 0 476\ 1410 1179 lS' 5 21531 9015
_% 57.0 6.' JS1 0.0 0.7 40,' 58.9 0.1 45.6 4>. 9,0 0,0 511 4>8 5.' 0.2
Total" 18.4 >2 11.7 0.0 m 0.2 12.' 18.8 0,0 31.9 2.. 2.' O.S 0.0 S,' 15.6 13.1 U 0,1 J6.5
LOCATION: COUNTRY CLUB DRIVE
N,E, 34TH AVENUE
CITY: AVENTURA
COUNTY: MIAMI - DADE
PD&E
10891 LA REINA ROAD, SUITE 100
@ DELRAY BEACH, FL 33446
TEL (561) 498-2304 FAX (561) 498-2305
File Name
Site Code
Start Date
Page No
: 34CCD
: 00000000
: 3/16/2004
:2
Start Time Left
COUNTRY CLUB DR
Westbound
Utrn I
27 189 0 . 195 352 0 551 67 ~ 13 0 138 190 116 12 0 J78 1521
5.' 41.6 0.0 0.7 35.4 63.9 0,0 4B.1i .20 .,' 0.0 5O.J 46.6 '-, 0,0
. 51 0 1 .. .. 0 129 14 12 . 0 JO " 55 , 0 121 J97
0.958
/la:1SAM 08:00AM 08:45AM 08:30AM
" " 130 , " 87 147 2J 22 " 62 55 121
o.m 0.937 0.719 0.781
Out In Total
OQQ] 454 I 10541
18' 27 238 0
,.. TlYu Left U1m
1 4
-~ ~ii-..J" ~ UW
ON
om , ~o
,... ~ I ~~
-~ ~S
No,," ~
m
~ m ~ ~--.. ;-;l_
.5~ ,... " m
c~
1612004 8:00:00 AM ~;;
N_ /1612004 8:45:00 AM r ~
-~
.go--, ,0
-~ 0: ~ ~ "'~
VEHICLES ~~
8~ OJ; c:
30 ~.
=> m-
"'1 T r
Left llYu RI ht Utm
67 58 13 0
c:::::m 138 ~
Out In Total
A
LOCATION: COUNTRY CLUB DRIVE
N.E. 34TH AVENUE
CITY: AVENTURA
COUNTY: MIAMI - DADE
PD&E
10891 LA REINA ROAD, SUITE 100
@ DELRAY BEACH, FL 33446
TEL (561) 498-2304 FAX (561) 498-2305
File Name
Site Code
Start Date
Page No
: 34CCD
: 00000000
: 3/16/2004
:3
Left
" 197 1
7,' 3J.~ 0,2
16 " 0
0.4:30 PM
" 16 "
App. Int.
Total Total
590 6 196 218 0 ~so I 22 13 5 0 ~I 329 230 " 0 593 1713
1.3 40.8 57.9 0,0 44,0 <6,0 10.0 0.0 55.5 38.8 5,7 0.0
151 0 61 80 0 14'! . 5 2 0 "I 75 65 1 0 '" .~
, 0.952
04:30PM 104"'" I 04:" PM
151 0 61 80 141 9 16 87 " 15'
0.977 0.851 0.781 0.963
Out 'n Total
~ 590 I 12201
'91 .2 350 ,
j - Left Utm
1 4
-~ ~1i-..! u~
.0 i
~;:! ~ "~
-=
0 North -<
M ~~-+ -"~
E~ >- 2m
=
16/2004 4:30:00 PM
...- 1612004 5:15:00 PM ~
M~
,'"' "
-~ no y y "=
VEHICLES
6~ o E c:
:; 30
" i r'
Left Thru Ri ht Utm
22 23 5 0
c:::::TIJ 50 ~
Olll In Total
N 1HA
LOCATION: COUNTRY CLUB DRIVE
N.E. 34TH AVENUE
CITY: AVENTURA
COUNTY: MIAMI - DADE
PD&E
10891 LA REINA ROAD, SUITE 100
@ DELRAY BEACH, FL 33446
TEL (561) 498-2304 FAX (561) 498-2305
File Name
Site Code
Start Date
Page No
: 34CCD
: 00000000
: 3/16/2004
:1
Start Time App. Int.
Total Total
07:00NJ. l 59
07:15NA , 83
07:30AM 1 80
ONSAM 5 80
T" 14 301
08:DONA 5 0 ~ I 0 10 0 10: 0 60 0 50. 10 10; "
08:1SMJ. 1 0 0 10 0 10 0 " 0 " . . is
oa:3Om 5 0 5 0 17 0 11 0 61 0 61 1 1 "
08:~5NA . 0 . 0 T 0 1 0 53 0 53 T 7 71
T" 11 0 11 0 " 0 .. 0 119 0 119 1J 1J 307
02.ilOPM 0 l 0 0 , 0 1 0 0 1 0 1 0 0 1 0 . 0 0 . 11
02:15PM 0 0 0 0 0 0 3 0 0 , 0 . 0 0 . 0 1 0 0 I .
02:30PM 0 0 0 0 0 0 3 0 0 3 0 10 0 0 10 0 0 0 0 0 13
02:45PM 0 0 0 0 0 0 0 0 0 0 0 T 0 0 T 0 2 0 0 2 9
TotO 0 3 0 0 3 0 . 0 0 . 0 1J 0 0 23 0 T 0 0 1 "
03:00PU 0 , 0 0 , 0 3 0 0 3 0 10 0 0 10 0 2 0 0 1 11
03:t5PM 0 6 0 0 6 0 9 0 0 9 0 10 0 0 10 0 0 0 0 0 25
03:30PM 0 3 0 0 3 0 1 0 0 1 0 1 0 0 T 0 0 0 0 0 11
03:45PM 0 3 0 0 3 0 0 0 0 0 0 5 0 0 , 0 . 0 0 . "
T" 0 18 0 0 18 0 13 0 0 13 0 32 0 0 32 0 10 0 0 10 13
04:00PM
04:15PM
04:30Pt.l
04:45PM
TOO
o
o
o
o
o
1
1
6
.
13
o
o
o
o
o
I
1
6
,
13
1
.
1
11
30
o
o
o
o
o
T 0
. 0
1 0
11 0
301 0
2
o
1
1
4
o
o
o
o
o
11
1
17
11
so
05:00PM 0 0 0 0 0 0 . 0 0 . 0 10 0 0 10 0 0 0 0 0 14
05:15PM 0 0 0 0 0 0 s 0 0 5 0 25 0 0 25 0 3 0 0 3 33
05:30PM 0 I 0 0 1 0 5 0 0 5 0 32 , 0 32 0 2 0 0 1 '"
05:45PM 0 0 0 0 0 0 . 0 0 , 0 28 , 0 28 0 . 0 0 , '"
TOO 0 1 0 0 I 0 11 0 0 11 0 105 0 0 105 0 9 0 0 9 137
GrandTalal
""""%
TOO %
o "
0.0 100.0
0.0 8.3
o
0,0
0,0
o
0.0
0,0
"I
8.31
o 134
0.0 100.0
OJ} 14.6
o
0.0
0,0
o
0.0
0.0
1341
14.6
o 639
0.0 100.0
0.0 69.8
o
0,'
0,0
o
0,0
0.0
6391
69.8
o 67
0.0 100.0
0.0 7.3
o
0,0
0,0
o
0.0
0.0
671
1.31
,,,
PD&E
24 HOUR MACHINE COUNT
Volume Report with 24 Hour Totals Page 1
********************************************************************************
Data File D0316001.PRN
Station 000003150410
Identification 000000001010 Interval
Start date Mar 16, 04 Start time
Stop date Mar 16, 04 Stop time
City/Town AVENTURA County'
Location N CTRY CLUB (E OF NE 34 AV)LN1;EB,LN2;WB
*******************************************************************************
15 minutes
00:00
24:00
MIAMI - DADE
Mar 16
Eastbound Volume for Lane 1
-------------------------------------------------------------------------------
End Time 00 01 02 03 04 05 06 07 08 09 10 11
--------
15 14 12 4 4 4 5 9 35 95 123 104 106
30 25 12 2 1 1 5 18 58 102 117 100 111
45 6 7 3 2 7 4 18 59 120 86 109 106
00 17 5 1 3 3 6 32 87 110 103 117 114
--------
Hr Total 62 36 10 10 15 20 77 239 427 429 430 437
End Time 12 13 14 15 16 17 18 19 20 21 22 23
--------
15 137 102 131 121 149 145 153 133 112 96 72 49
30 133 131 121 140 136 151 136 131 81 98 62 38
45 104 122 133 140 152 152 134 108 118 64 68 33
00 133 101 116 147 138 155 133 128 112 82 52 36
--------
Hr Total 507 456 501 548 575 603 556 500 423 340 254 156
-------------------------------------------------------------------------------
24 Hour Total 7611
AM peak hour begins : 11:30 AM peak volume : 490 Peak hour factor : 0.89
PM peak hour begins : 17:15 PM peak volume : 611 Peak hour factor : 0.99
*******************************************************************************
Mar 16 Westbound Volume for Lane 2
-------------------------------------------------------------------------------
End Time 00 01 02 03 04 05 06 07 08 09 10 11
--------
15 20 11 3 4 3 5 22 73 142 159 139 129
30 10 11 2 1 5 6 23 90 139 144 148 139
45 13 1 2 4 5 15 34 104 125 133 144 146
00 7 6 5 1 8 8 70 109 145 150 141 146
--------
Hr Total 50 29 12 10 21 34 149 376 551 586 572 560
-------------------------------------------------------------------------------
End Time 12 13 14 15 16 17 18 19 20 21 22 23
--------
15 136 114 122 144 127 119 101 93 65 48 41 33
30 119 129 121 148 128 104 100 96 60 45 39 22
45 129 141 131 124 146 111 100 81 36 43 30 16
00 126 124 120 124 119 110 116 73 53 36 19 18
--------
Hr Total 510 508 494 540 520 444 417 343 214 172 129 89
-------------------------------------------------------------------------------
24 Hour Total 7330
AM peak hour begins 09:00 AM peak volume 586 Peak hour factor 0.92
PM peak hour begins 14:30 PM peak volume 543 Peak hour factor 0.92
PD&E
24 HOUR MACHINE COUNT
Volume Report with 24 Hour Totals Page 2
********************************************************************************
Data File D0316001.PRN
Station 000003150410
Identification 000000001010 Interval
Start date Mar 16, 04 Start time
Stop date Mar 16, 04 Stop 'time
City/Town AVENTURA County
Location N CTRY CLUB (E OF NE 34 AV)LN1~EB,LN2~WB
*******************************************************************************
15 minutes
00:00
24:00
MIAMI-DADE
Mar 16
Total Volume for All Lanes
-------------------------------------------------------------------------------
End Time 00 01 02 03 04 05 06 07 08 09 10 11
--------
15 34 23 7 8 7 10 31 108 237 282 243 235
30 35 23 4 2 6 11 41 148 241 261 248 250
45 19 8 5 6 12 19 52 163 245 219 253 252
00 24 11 6 4 11 14 102 196 255 253 258 260
--------
Hr Total 112 65 22 20 36 54 226 615 978 1015 1002 997
-------------------------------------------------------------------------------
End Time 12 13 14 15 16 17 18 19 20 21 22 23
--------
15 273 216 253 265 276 264 254 226 177 144 113 82
30 252 260 242 288 264 255 236 227 141 143 101 60
45 233 263 264 264 298 263 234 189 154 107 98 49
00 259 225 236 271 257 265 249 201 165 118 71 54
--------
Hr Total 1017 964 995 1088 1095 1047 973 843 637 512 383 245
-------------------------------------------------------------------------------
24 Hour Total 14941
AM peak hour begins : 08:30 AM peak volume : 1043 Peak hour factor : 0.92
PM peak hour begins : 15:45 PM peak volume : 1109 Peak hour factor : 0.93
*****************************************~*************************************
APPENDIX B
Intersection Summation Worksheets
Table 1
Aventura Ensenada, Inc.
Trip Generation
Dally Analysis
COmmunit Facilit Cit Park
Multi-Famil DNellin Units
Multi-Famil [)..yellin Units
411
230
230
acre
du
du
0,51
30
206
'd~t~~rj~irr~il;~~~f; i~:~6).
v d
1
231
1.186
1=1.59 x
In t -0.85In x +2.55
In t -0.85In x +2.55
~"'En~~~e.!~~li~,;".
v d v
1 0
115 116
593 593
A.M. Peak Hour Analysis
Communi Facili en Park.
Multi-Famil Dwellin Units
Multi-Famil Dwellin Units
411
230
230
acre
du
du
0.51
30
206
nla
In t =0.801n x +0.26
In t =0.80In x +0.26
P.M. Peak Hour Analysis
Communit Facilit Ci Park
Multi-Famil DNellin Units
Multi-Famil Dwellin Units
411
230
230
acre
du
du
0.51
30
206
nla
In t -0.82In x +0.32
In t -0.62In x +0.32
Sa.r"", Ody and AN peak llou': TrlpGeneratllJnreport. 1lh Edltion8lpullllshedbylhellllltiluleQ/Transporlallon E~
tl/a.Inl......llonnotawial:lellToughITE.
Tinter Associates, Inc.
Table 2
Aventura Ensenada, Inc.
Intersection Summation
Assuming N.E. 34th Avenue Access
and 30 Multi-Family Dwelling Units
.".' '" ""Nortll.Clilllli,Y'CiLlli'ljrivil~'fIil:!~:-311ii'1\vcllui:-~'" ,"
A.M.l'c,1k lIour (8:GO-!l:OO) , ,..,.
"
Ccunt D~tn: TlinsrI;.y: Mnrr:ll.1.G. 2003 -, "',',.,
'~:';.t,.
, . ",
,',
Northbound Southbound Eastbound Westbound
LT Thru RT LT Thru RT LT Thru RT LT Thru RT
Existing 67 58 13 238 27 189 190 176 12 4 195 352
Season 67 58 13 238 27 189 190 176 12 4 195 352
Growth 0 0 0 0 0 0 0 0 0 0 0 0
Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0
Backgr'd 67 58 13 238 27 189 190 176 12 4 195 352
Project 0 0 0 1 0 0 1 0 0 0 0 1
Total 67 . 58 ' 13' 239- 27- 189 ' 191 ' 176 ' 12 . 4' 195 - 353
Factors
Total %
1,521
0.00%
0.00%
0.00%
3 in
3 17 out
1,524
Factors
Northbound Southbound Eastbound Westbound Total %
LT Thru RT LT Thru RT LT Thru RT LT Thru RT
Existing 22 23 5 350 42 197 329 230 34 6 196 278 1,712
Season 22 23 5 350 42 197 329 230 34 6 196 278 0.00%
Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Backgr'd 22 23 5 350 42 197 329 230 34 6 196 278
15 in
Project 0 0 0 5 0 0 5 0 0 0 0 5 15 7 out
Total 22. 23- 5, 355- 42' 197 - 334 . 230- 34 - 6, 196- 283 1,727
Tinter Associates, Inc.
.
Table 3
Aventura Ensenada, Inc.
Intersection Summation
Assuming N.E. 34th Avenue Access
and 206 Multi-Family Dwelling Units
i~'.(;
tL, '.
,r" . . ". Factors
Northbound Southbound Eastbound Westbound Total %
LT Thru RT LT Thru RT LT Thru RT LT Thru RT
Existing 67 58 13 238 27 189 190 176 12 4 195 352 1.521
Season 67 58 13 238 27 189 190 176 12 4 195 352 0.00%
Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Backgr'd 67 58 13 238 27 189 190 176 12 4 195 352
16 in
Project 0 0 0 5 0 0 5 0 0 0 0 6 16 76 out
Total 67. 58, 13 . 243 . 27. 189. 195.176. 12. 4, 195' 358 . 1,537
~ Factors
Northbound Southbound Westbound Total %
LT Thru RT LT Thru RT LT Thru RT
Existing 22 23 5 350 42 197 329 230 34 6 196 278 1,712
Season 22 23 5 350 42 197 329 230 34 6 196 278 0.00%
Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0 0.000/,
Backgr'd 22 23 5 350 42 197 329 230 34 6 196 278
73 in
Project 0 0 0 26 0 0 26 0 0 0 0 21 73 36 out
Total 22. 23 . 5 - 376. 42. 197. 355. 230' 34' 6.196 ' 299. 1,785
Tinter Associates, Inc.
Table 4
Aventura Ensenada, Inc.
Intersection Summation
Assuming N. Country Club Drive Access
and 30 Multi-Family Dwelling Units
.~~ . '
..... ' : ;', .. :.Nprth Counli'yCliib Drlvif<ro'IIi.E:3'4th'Avcnuc
, . ,,;:. " ",~..\;:..:.: " ':". ' A.M,PPilk. H~ilr::II!:OO-!l:Q()) . ,
.,'.:" '.."."j ,. "" ..: COllnl Date: Tuesday. March :1G, 2003. ..
~.\ . . ~~~~' ::::".>.:... '~.:" " ,::-" :.. > "~(;~~!c~:.." ~:,... ,:' "
Northbound Southbound Eastbound
LT Thru RT LT Thru RT LT Thru RT
Existing
Season
67
67
58
58
13 238
13 238
27 189 190 176
27 189 190 176
Growth
Ap Dev
Backgr'd
o
o
67
o
o
58
o 0
o 0
13 238
o 0 0 0
o 0 0 0
27 189 190 176
Project
Total
12
12
Westbound
LT Thru RT
4 195 352
4 195 352
0 0 0
0 0 0
4 195 352
o
o
12
000 1 000 1 0 656
67, 58- 13.239. 27. 189.190, 177' 12' 10 200 358
Factors
Total
%
1,521
0.00%
0.00%
0.00%
3 in
19 17 out
1.540
Factors
Northbound Southbound Eastbound Westbound Total %
LT Thru RT LT Thru RT LT Thru RT LT Thru RT
Existing 22 23 5 350 42 197 329 230 34 6 196 278 1,712
Season 22 23 5 350 42 197 329 230 34 6 196 278 0.00%
Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Backgr'd 22 23 5 350 42 197 329 230 34 6 196 278
15 in
Project 0 0 0 5 0 0 0 5 0 2 3 2 17 7 out
Total 22. 23. 5- 355. 42. 197.. 329' 235 ' 34 .. 8 199. 280 .. 1,729
Table 5
Aventura Ensenada, Inc.
Intersection Summation
Assuming N. Country Club Drive Access
and 206 Multi-Family Dwelling Units
North' Country Ch,il'i qrive @ N.E. '~4~h"'~~vemie
. .' . :..... ".A.M.peali I:!qur (8:00-!!:00r:.: '. .
',.:, '.::.'=" .:, colint Dale;' Tue~day, March:1'1l;';~O,!!3. ,'\": ~ :'.' , .
';"'~>': ,,/: /.
. '. ,'J . . :' i .~
" ....,'
Northbound Southbound Eastbound Westbound
LT Thru RT LT Thru RT LT Thru RT LT Thru RT
Existing 67 58 13 238 27 189 190 176 12 4 195 352
Season 67 58 13 238 27 189 190 176 12 4 195 352
Growth 0 0 0 0 0 0 0 0 0 0 0 0
Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0
Backg~d 67 58 13 238 27 189 190 176 12 4 195 352
"''':'''~~~~~.i'
" \"~4'~"~Io!'i"';":"'~~'~f4"'Sli!.~j'll';r.~~.."t-.~~':::..~~,,~.1'i;.'~':";.r. ~ :-~'W~(,!',~~:t':i::{..,/. .l.e;t":!.~..,
" :'\.,'.~':'. ,. .. '. .....j:i:..,. ''';,)1"p.,M.,P.ealfuour (4 ,,0-
..,"......... \::":)d::,..~ .~;'"..,..:. '.' ..,~. ,Jo!.~"..t. I"" .
~ ,..~. ~,'~' ....,.."'~...~'.:IIy<' ,'~'&il-."'"
,':;i'.\'~l r~',I.~:'Cjlu!1t O,at,,:\ ,\lej;.!:!':Iy.:Mai;l:.
.:1,~.~~."'i~~,~.:. )i ~~~~t,;~~~i,~.~.\.~;,..~'':j~~':i;4:~v: . ~..~~,I:~.,r,
JI'~ ,..,:~~,..,~",. . il.-,:'o.:~~:ii.i:~::.-,,,,,.,t'. .riC'lii:..1:Il'1.':I,i"......"., . '..:r:"~
Northbound Southbound Eastbound
LT Thru RT LT Thru RT LT Thru RT
Factors
Total %
1.521
0.00%
0.00%
0.00%
16 in
86 76 out
1,607
Factors
Total %
Existing 22 23 5 350 42 197 329 230 34 6 196 278 1,712
Season 22 23 5 350 42 197 329 230 34 6 196 278 0.00%
Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0 0.00%
Backg~d 22 23 5 350 42 197 329 230 34 6 196 278
73 in
88 36 out
1,800
""
y
RECEIVED
APR 0 5 200'1
- giving our students the world
Ana Rijo-Conde, Interim Assistant Superintendent
Facilities Operations, Maintenance and Planning
April 2, 2004
Miami-Dade County School Board
Dr. Michael M. Krop, Chair
Dr. Robert B, Ingram. Vice Chair
Agustin J. Barrera
Frank J. Bolanos
Frank J. Cabo
Perla Tabares Hantman
Betsy H, Kaplan
Dr, Marta Perez
Or. Solomon C. Stinson
Ms. Joanne Carr, AICP
Planning Director
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Re: Aventura Ensenada
Superintendent
of Schools
Merrett R. Stierheim
Dear Ms. Carr:
Pursuant to the state mandated and School Board approved Interlocal Agreement (Interlocal), local
government, the development community and the School Board are to collaborate on options to address
the impact of proposed development on public schools where the proposed residential development
would result in an increase in the school's FISH capacity utilization (pennanent and relocatable), in
excess of 115%.
Enclosed please find the School District's review analysis of potential impact generated by the above
referenced application. Please note that two of the impacted school facilities meet the referenced review
threshold. The proposed residential development will impact HighlanC Oaks Middle and Dr. Michael Krop
Senior High schools currently operating at 181% and 143% of FISH % utilization, respectively (please see
enclosed analysis).
As such, it is our recommendation that dialogue between the School District and the above referenced
applicant take place as it relates specifically to public schools in the affected area that meet the threshold.
In an effort to meet the terms of the Interlocal, please send an em all tomorozco@facil.dade.k12.fl.us to
schedule a meeting with District staff. Should you have any questions please call me at (305) 995-7287.
Thank you, in advance for your cooperation in this matter. Please call me should you have any questions.
Sincerely,
VGV:mo
L-2414
Enclosure
cc:
Mr. Fernando Albuerne
Mr. Ivan M. Rodriguez
Ms. Annie Betancourt
EXHIBIT 6
01-REZ-04
School Board Administration Building' 1450 N.E. 2nd Avenue, Suite 525' Miami, Florida 33132
305-995-7285' FAX 305-995-4760' www.ARijo@facl/.dade.k12.f1.us
SCHOOL IMPACT REVIEW ANALYSIS
APPLICATION: Aventura Ensenada, Inc.
REQUEST: Rezone from CF to RMF 4
ACRES: 0.51 acres
LOCATION: N.E. 34 Avenue and North Country Club Drive
NUMBER OF
UNITS: 30 units
MSA: 1.1 = 0.09 Multifamily
ESTIMATED
STUDENT
POPULATION: 3 students*
ELEMENTARY: 1
MIDDLE: 1
SENIOR: 1
SCHOOLS SERVING AREA OF APPLICATION:
ELEMENTARY: Virginia Boone/Highland Oaks Elementary - 20500 N.E. 24 Avenue
MIDDLE: Highland Oaks Middle - 2375 N.E. 203 Street
SENIOR HIGH: Michael Krop Senior High -1410 N.E. 215 Street
*Based on Census 2000 Information provided by Miami-Dade County Department of
Planning and Zoning.
I
\
The following population and facility capacity data are as reported by the Office of
Information Technology, as of February 2004:
STUDENT FISH DESIGN % UTILIZATION NUMBER OF % UTILIZATION
POPULATION CAPACITY FISH DESIGN PORTABLE FISH DESIGN
PERMANENT CAPACITY STUDENT CAPACITY
PERMANENT STATIONS PERMANENT
, AND
RELOCATABLE
Virginia 9791 145%' 113%1
Boone/Highland 982' 677 145%' 186 114%'
Oaks Elementary
Highland Oaks 2,5211 1,121 225%1 270 181%/
Middle 2,522' 225%' 181%*
Michael Krop Senior 3,6201 2,429 149%/ 103 143%/
3,621' 149%' 143%*
*Includes proposed development. The cumulative effect of other approved or proposed
developments are not part of this analysis.
Pursuant to the Interlocal Agreement, please note that Highland Oaks Middle and
Michael Krop Senior meet the review threshold of 115%.
ADDITIONAL SCHOOL INFORMATION: The following information was provided by
school site personnel or other data sources in October 2003:
VirQinia Boone/ HiQhland Oaks Elementary
Access to computers:
In each classroom, special computer
labs and Media Center
Capital Improvements since 1990:
None
Recognition for Academic Achievement:
Rated "An school by State
Special Programs:
Enrichment classes and Gifted classes
Lunch schedule:
From 10: 15 a.m. to 1 :00 p.m.
Non-instructional space utilized for
Instructional purposes:
None
Teachers required to float/travel:
Art teacher
\
Hiqhland Oaks Middle
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-instructional space utilized for
Instructional purposes:
Teachers required to float/travel:
Dr. Michael M. Krop Senior Hiqh
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-instructional space utilized for
Instructional purposes:
Teachers required to float/travel:
In each classroom, special computer
labs and Media Center
Classrooms and Media Center
FCA T "A"
None
From 11 :28 a.m. to 1:46 p.m.
Auditorium -large group instruction
Library - 1 language Art class
Gifted Science teacher
In each classroom, special computer
labs, Media Center and other areas
Addition of two portable classrooms
Siemen's Award for Advanced
Placement
Magnet programs, enrichment classes,
after-school care, vocational and
community classes
From 10:18 a.m. to 12:23 p.m.
Yes
Foreign Language
\
PLANNED RELIEF SCHOOLS IN THE AREA (information as of April 2004):
School
S/S "RR-1"
New Middle School
(Highland Oaks, Norland and
John F. Kennedy Middle Relief)
(1,445 Student stations)
Status
Pre- Planning
Occupancy Date
August 2007
S/S "D"
New Elementary School
(Madie Ives, Virginia Boone/Highland
Oaks and Ojus Elementary)
(1,068 student stations)
Pre-planning
August 2007
OPERATING COSTS: According to Financial Affairs, the average cost for K-12 grade
students amounts to $5,833 per student. The total annual operating cost for additional
students residing in this development, if approved, would total $17,499.
CAPITAL COSTS: Based on the State's April 2004 student station cost factors', capital
costs for the estimated additional students to be generated by the proposed
development are:
ELEMENTARY
MIDDLE
SENIOR
1 x $13,423
1 x $15,390
1 x $20,365
= $13,423
= $15,390
= $20,365
$49,178
Total Potential Capital Cost
. Based on Information provided by the Florida Department of Education, Office of
Educational Facilities Budgeting. Cost per student station does not include land cost.
\
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR ONE (1)
PARCEL OF LAND LOCATED AT THE NORTHEAST
CORNER OF NORTH COUNTRY CLUB DRIVE AND NE 34
AVENUE FROM CF, COMMUNITY FACILITIES DISTRICT
TO RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL
DISTRICT; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the applicant, Aventura Ensenada Inc., through Application No. 01-
REZ-04, has applied to amend the Official Zoning Map of the City of Aventura by
amending the zoning designation for one parcel of land (the "Property") at the northeast
corner of North Country Club Drive and NE 34 Avenue, as legally described in Exhibit A
attached hereto, from CF, Community Facilities District, to RMF4, Multifamily High
Density Residential District; 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 application pursuant to
the required public hearing and has recommended approvaVdenia/1 of the application
to the City Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
1 Language in bold italics indicates a recommendation and decision to be made by the Local Planning
Agency and the City Commission at public hearing. If rezoning is denied, the City Commission shall act by
Resoiution.
Ordinance No. 2004-
Page 2
WHEREAS, the City Commission has reviewed the application for rezoning and
has considered the testimony of all interested parties at the public hearings, and has
determined that the rezoning requested by the applicant does/does not! meet the
standards for approval of amendments to the Official Zoning Map as set forth in Section
31-77(f) of the City's Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the application for amendment to the Official Zoning Map of
the City of Aventura to amend the zoning designation for one parcel of land located at
the northeast corner of North Country Club Drive and NE 34 Avenue and legally
described in Exhibit "An to this Ordinance from CF, Community Facilities District to
RMF4, Multi-Family High Density Residential District, is hereby granted/denied!.
Section 2. 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 3. 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 and that the Official Zoning Map of the City may
Ordinance No. 2004- _
Page 3
be revised so as to accomplish such intentions.
Section 4. 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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
PASSED on first reading this 4th day of May, 2004.
Ordinance No. 2004-
Page 4
PASSED AND ADOPTED on second reading this 1st day of June, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of June, 2004.
CITY CLERK
EXHIBIT A
A PARCEL OF LAND DESCRIBED AS A PORTlON OF TRACT "F" OF FIRST ADDITlON BISCAYNE YACHT AND COUNTRY CLUB. ACCORDING TO THE PLAT
THEREOF. AS RECORDED IN PLAT BOOK 89 AT PAGE 100 OF THE PUBLIC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY). FLORIDA. MORE
PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE wEST ].( CORNER OF SECTION 3S, TOWSHIP 51 SOUTH. RANGE 42 EAST CITY OF AVENTURA. MIAMI-DADE COUNTY, FLORIDA:
THENCE S02'OD'25"E FOR 1.60 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE ~ORTHWEST: THENCE ALONG THE ARC OF
SAID CURVE. HAV1NG A RADIUS OF 1091.35 FEET AND A CENTRAL ANGLE OF 10,9'43" FOR 196.74 FEET TO A POINT ON SAID CURVE: THENCE S81'
40'42"E ON A LINE RADIAL TO THE POINT ON CURVE FOR 50.00 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "F;- THENCE S08'9'18"W FOR
1.69 FEET ro THE POINT OF BEGINNING OF SAID PARCEL OF LAND; THENCE ALONG THE BOUNDARY OF SAID TRACT 'F" FOR THE FOLLO\\1NG THREE (
COURSES; (1) THENCE CONTINUE S08'9'18-W FOR 96.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; (2)
THENCE ALONG 1HE ARC OF SAID CURVE, HA V1NG A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 90'00'00" FOR 78.54 FEET TO THE POINT OF
rANGENCY; (3) 1HENCE S81'40'42"E FOR 106.00 FEET TO A POINT ON SAID BOUNDARY OF TRACT "F;" 1HCNCE NOB'9'18"E FOR 146.00 FEET; 1HENC'
N81'40'42"W FOR 156.00 FEET TO 1HE POINr OF BEGINNING.
=
."~"',',
:.r I
./
"\."""'~
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71 (b)(2)Ol of the City of AvenbJra Land Development Code, this Applicant Representative Affidavit Is
hereby made and submitted. The undersigned authorized representative of the irdvidual or entity appI~ng for the DevellJ!X118l1t Pel1T1i~
which is ideotified In the eccompanying application, and the owner of the property stiJject to the application [If different) hereby fists aoo
Identifies all persons representing the indviduai or entil)' applying for the Development Pennit In connection with the application, as follows:
Name
Relationship (i.. MomSY', hthiI&cts, l.8ndscape
Ivchitods. Engineers, Lobbyists, Eto)
Samuel E. Poole, III
Attorney
Leonardo Rodriguez
Civil Engineer
Alfonso Jaramillo
Architect
Susan Fried
Public Relations
(Attach Addtlonal Sheets ff Necessary)
N011CE: ANY STATEMENT OR REPRESENrAllON MADE BY ANY PERSON USTED ON TIlE APPUCANT REPRESENTAllVE
AFADAVlT SHALL BE BINDING UPON TIlE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE
OWNER OF THE SUBJECT PROPERTY.
WITNESS MY HAND THIS 5th DA.YOF April .200'1
AUTHORIZED REPRESENTAllVE OF APPUCANT:
AVENTURA-~A, INC.
~(S~~
Name: ----LeLWrence Lopater
(Print) ,
Tille: President
OWNER
By:
(Signature)
Name:
(Print)
11tle:
Adctess: 888 Seventh Ave, Suite 3400
Ad<tess:
Ne~ York NY 10106
STATEOfl NEW'lORK
COUN1YOFINEW YORK
Before me the undersigned authority personally ~redLawrence Lopater as the authorized representative of the
Applicant and/or the owner of the property stbject to the application. who being~,rst by me duly, ci swear or affirm that he/she
executed tlis Affidavit for the purposes staled therein and thoc it is true and correct. ~ ~ _
-"
A-- ANT, ----- - -
SWORN TO AND SUBSCRIBED 8EFORE ME tt1s ~ day of April . 20~Olf, .
~~ I). a
No PWllc Slate of I ,7 """"-
Printed Name of Nolafy
My corrrnission expires:
JUDITH A. BORY
~ Notary Public, State of New York
No. 01 B04654534
. Qualified In Nassau County
Commission expires November 30, 200.6"
~'
~~
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavtt is made pursuant to Section 31-71 (b)(2)(u) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with 'x' applicable portions only)
Dd 1. Affiant does m! have a Business Relationship with any member of lIle City Commission or any City Mvis/JrY
Board to which the application will be presented.
[ ]2. Affiant hereby discloses that tt does have a Business Relationship with a member of the City Commission or a
City Advisory Board 10 which lIle application will be presented, as follows:
(Ust name 01 Commissioner or Advisory Board Member) who serves on lIle
(Ust City Commission or City Mvisory Board upon which member
serves).
The nature olllle Business Relationship Is as follows:
[] I. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Apprlcal1t or Representative;
[] ii. Member of City Commission or Board is a partner, co-sharehoider (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative In any business venture;
[ ] Iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member olllle
City Commission or Board:
[ I iv. A City Commissioner or Board member is a Client of the Applicant or Representative:
[l v. The Applicant or Representative Is a Customer 01 the member 01 the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 01 the business 01 the member 01 the City
Commission or Board (or his or her employer) In a given calendar year,
[ ] vi. The member of the City Commission or Board is a Customer 01 the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS S"'- DAY OF A {' r " I . 200,'1
:~.":
N~~ ence er
Title:
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS _ DAY OF
PROPERTY OWNER:
r
20<('1
,
By:
Name:
Trtle:
(Signature)
(Print)
(Print)
'The telTllS "Business Relationship: "COenl: "Customer: 'Applicant: 'Representative" IlI1d 'nlerested Pemon" are defined in
Section 2.395 of the Aventum City Code.
I,
, '
i;
"'~w '1DIl.K
ST"TEOF1'I:Ol\lIll'. 1
COUNTY OF 1olWoI19,'.ElEl
tJo:.,J Yoltl<-
Bolo<o me, !he ur.de<sIQood auI!locity. porsonaly oweazed La I;J (0 Me- Lo{').for!he JJfIanl. ..00 boilQ Ie>( by me duty swom. d'~ swear 0< eff"" lhat
heJs!le e_lNs~lorlhepocpose.clale<llhe..lnend lhatklskue endtomld. ~ ./
SWORNTO,A,NO SUBSCRIBED belonl me this st" day of iJ(:.r; I -l..
- ""\'~- dd
JUDITH A. BORY ~
Notary Public, State of New York N ryPuIlf"Sfale 0(, -
No. 01 B04654534
Qualified In Nassau County
Commission Expires November 30 I'D e:i
NOT ARIZA nON PROVISION
Pooled Name of Notary
MY_'>!l"S:
<
STATE OF R.ORIOI. )
.COUNTY OF MW.II.oADE)
Bolo<o ..... !he underslgMd euttooty, pel$OOally oweazed
he/$he e_ this #Jlikvl1or!he pll<pO$O$ _ fle<eln end I\all Islnle em COIled.
the 1Jf1anl. ..00 beilQ Ii<sl by me duly swom. di:J .....r 0< aff"" lhat
1.FRANT
SWORN TO AND SUBSCRIBED balonl me this _ day of .2001.-
NoIaryPubIioSfalsofFlOOdafo.1lMge
Peinted Name 01 No~
Myoxnmlssloo '>!llre.:
ST"TEOFR.ORIOI. )
coum OF MW.II-ll/lOE)
Before me, the undel'$lg!1e<1 .utOOcity, polSOnaly appeared
helsbe exe<Uled IhIs Mrxla'lillol the pulpOS6$ slated therein end lhat k Is !rue am cocred.
the Mrlan, ..00 beilg rll'S\ by me duly SVoOOI, d'~ ....., 0< affll11\ lhat
IIFFW{T
SWORNTOANO SUBSCl\IBED belonl me this_clay of .~
Nolaly PLilIc Slals olFil<lda1.llMge
P_ Nama of NoWy
My_.1<pQs:
STA.TE OF R.ORIOA I
COUNTY OF MIAMI-llADE)
llelooo me, the underslgMd authodly, personaly _ed
heJs!le aXl!OJledthls Mrida'lit lor!hepUlpO$O' rotaledlhe..in end lhatl10 true endcocred.
!he Mrlllll, ..00 beilg Ii<sl by me duly I p, d'~ swear 0< effll11\ lhat
IIFFW{T
SWORN TO,A,N() SU!!SCl\\BED belonl me IhIs _ clay of
2OOJ-
NoIaJyPLilIicSlalaofFlOOdafo.1u.<g<
Peinled Name of Nolaly
My_.",..s:
18
~""...~
BLJ~INESS RELATIONSHIP AFFIDAVIT'
This Affidavtt is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with 'x' applicable portions only)
bd 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the applicatioll will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ J ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture:
[ I Hi. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[J iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[I v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ I vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS 2TJ DAY OF JANUARY .200.'1
RE~~~S~N\ATI~ ~n
BY:~ 0 {".lli~ liC- (Signature)
Name: ~el Eo. T'oole. 11\ (Print)
Trtle: l.........,.,lt.Ne,y (Print)
By:
Name:
Trtle:
(Signature)
'nl
(Prin
PROPER
"The terms "Business Relationship," "Clie "
Section 2-395 of the Aventura C' e.
stamer," "Applicant," "Representa I
11.
/:7 ' NOTARIZATION PROVlSION
STATEOf ~~~A..-/ _
COOtffi'OF ~,~~ ,~~c: ~'
Belool 1M. Ille oode<>lilnod autho<ty. personaly ~ ~ z:z;::- ll1e Alf..nl """ bel'll fim by 1M duly """'" Q~ sv.w 0( aff"" It1at
heMe aJOaM Ihls AlfiJavit io< Ille p<JlpOS<l' stated Illeroln and It1at k Is IlUe and 00lTed. ~ e. ~ \il"_
;I ~ AFFWIT,
.).OdaYOI ~(l J
OFRClALNOTARV SEAl. pt",/ ~
CAROL H CAMPEN ~ doo( ~, ~ _,
"
NolaiYPtiJrlCSlateof ~<_' J
~\>-\lY PU(J
<:o~<c,
)to COMMISSION NUMBER
'!\ <: 001 222~
"'J;...,<- o<f MY COMMISSION EXPIRES
OFf\.. JUNE 18.2006
Printed NaIM 01 NolaiY
My commlssion e~lres:
Belool 1M. Ille oode<>lilnod authority, personaly appeared
eJOaM this M"davil tor Ille putpOSeS elated Illeroln and It1at k Is InJe and CC<reCt.
Ille Alflal\l """ beilQ W by me duly """'" Q~ swear 0( aff""
AFFWIT
AND SUBSCRIBEO beio<e me this _ day of
.2007.-
NolaiY pubrlC Slate 01 Fbcida N. La~
Printed Name 01 NOlaiY
My commlssion expires:
SWORN TO AND SUBSCRIBED before me this _ day 0(
STATE OF FlORIDA )
COUNn' OF MlAMI-DADE)
Before me, the undelSiQned authority, perso appeared
helshe e>:ecU\ed this Alflf1avit lor Ille purposes stlled therein a It1at K Is true and OOlTed.
vmo being fIrSt by me duty sworn, did S'Hear Of affirm that
STATE OF FlORIDA )
COUNTY OF MlAMl-OADE)
Belool 1M, Ille Ul'<Ie<>lilnod authority,
helshe e>:ecU\ed this Alflf1avit io< Ille purposes
n, aid swear or affirm that
AFFIANT
.200/-
Notary PtiJroc Slate 0( FI:xida N.laqje
Printed Name 0( Notary
My commlssion e>ql1res:
'""
--
~
BUSINESS RELATIONSHIP AFFIDAVIT'
This AffIdavit Is made pursuant to Sectioo 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Aff1al1t hereby
DISCloses that: (marl< with 'X' applicable portions only)
(xl 1. Affiant does I!Q! have a Business Relationship with any member of the City Commission or any City Advisory
Board to v.1lich 1he application will be presented.
I ] 2. Aff1al1t hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to whicl11he application will be presented, as follows:
serves).
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capltaI stock of Applicant or Representative;
[] n. Member of City Commission or Board is a partner, DO-llharaholder (as to shares of a corporation
whicl1 are not listed on any national or regional stock exchanga) or joint venturer with the Applicant or
Representative In any business venture:
[] Iii. The Applicant or Representative Is a Client of a member of the City Commission or Board or a Client
of another professional working from tha same office or for the same employer as the member 01 the
City Commission or Board;
[J Iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000,00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year,
[] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant' or Representative in a given
calendar year.
WITNESSMYHANDTHIS -to DAY OF JANUARY ,200,'1
: RG.f'j\'-
(Signature)
Print)
(Print!-
PROPER
(Signature)
t
(Print
By:
Name:
Trtle:
'The tenns "Business Relationship; "Clie .
Sectiorl2-395 oflhe A ventura C e.
"Interested PelSon' are defined in
lil'AlEOF; Ploodo.- '7\
COUlIlY 0'" tVI ( a. y]/\/ - uad ~
Iltloro '"", Iho 1Xld00000ned luIhoriy, persooaly aweared, I~wd~"",_~ if} ~ 1M duty """'" a'" swear 0( affnn Uul
helsl'oeI_IlisAlftda'llllorlhoptl1lOSO$sIatedtlellllaanl!Uull~1nJelr.:!CllCllld- II ~ '
Iff\ANT, '
C) 0 ~ OFFICIAL NOTARY SEAL
SWORNTO/.NOSUBSCRIBEObefore,""ll1~~dayoll '2OC\q ....~'.~,GLADYHIARGARITACAMPOS
. f.f ':A Notary Public Slate of florida
....~ 'll Commission No. DD 168241
~. My Comiuion E~pircl Dec. 1,2006
NOTARIZATION PROVISION
,
Be"'"' me, Iho IXldersIQned llIthoclly, personal)' aweared tle AlfI3lll, ..no bei\g litst by '"" dlly """"" d'd ....... 0( afform t
llllClllod Ilis All'tda'llllortle _ slated _and tlet lls !rue ani! oocrect.
lil'AlEOFR.ORIDA )
. COtltm' OF l.ItlIM\-!lADE)
Before ,,",.1he ur>elersIQnod lutfoocity. appeared
heIshe exeartedll1~ Aff",.'Illlortle PUlpOSO' staled lhereln e that I ~ true 100 co<rect.
Plinled Nama 01 Nolary
hly ccmmtssIon elqllres:
AFF1OO'
/.NO SUBSCRIBED belore me lhls _ day of .200'1,-
SWORN TO /.NO SUBSCIUBED belor. me lh~ _day ot
..no bei\g litst by It)< ~u~ ....""'. If'" swear 0( llf"", lI1at
lil'AlEOf R.ORIDA l
COUtm' Of 1.\\AM1-DADE}
Belolll "",, tle undersigned 1Ullvorlty,
helsl'oe exeartedllis All'idaVIllortle purposes
IBEDbelore ,""lhls_dayol
AFFIANT
2OOJ-
NoIary Ptblic Slate or Florida AI l.acge
P!Inted Nan-.. 0( NoCary
l.\y_e'!'fllS:
1}
Cu:)INESS RELATIONSHIP AFFIDAVIT
This Affidavit Is made pursuant 10 Section 31-71(b)(2)(iQ 01 the City of Avenlura Land Development Code. The undersigned Affiant hereby
discloses that (mark with "x" applicable portions only)
!xl t Affiant does l!Q! have a Business Relationship with any member 01 the City Commission or any City Advisory
Board \0 which the application will be presented.
I ) 2. Affl8l1l hereby discloses that II does have a Business Rela~onship with a member of the City Commission or a
City Advisory Board 10 which the application will be presented, as lollows:
serves).
The nature of \l1e Business Relationship Is as lollows:
(LIst name 01 Commissioner or Advisory Board Member) who serves on the
(Ust City Commission or City Advisory Board upon which member
[J I. Member of City Commission or Board holds an OWllelShlp interest In excess 01 1 % ollotal assets or
capitaJ slock 01 Applicant or Representa~ve;
[ I iI. Member 01 City Commission or BoaJd is a partner, co-shareholder (as to shares 01 a corporation
which are not listed on any national or regional stocl< exchange) or joint venturer with the Applicant or
Representa~ve in any business venture;
[ ] ilL The AppflCBl1t or Representative is a CUent 01 a member of the City Commission or Board or a Client
of another professional wot1<ing lrom Ihe same offICe or lor the same employer as the member of the
City Commission or Board;
[J Iv. A City Commissioner or Board member is a CUenl ollhe Applicant or Representative;
[J v. The AppflCBl1t or Representative is a Customer of the member of Ihe City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or BoanJ (or his or her employer) in a given calendar year,
[ J vi. The member of the City Commission or Board is a Customer 01 the Applicant or Representative and
transacts more than $25,000.00 01 the business of \he AppflCBl1t or Representative in a given
celendar year.
WITNESSMYHAN TIllS_DAY OF JANUARY ,200,,/
: R~'f" ,'.. 'IJTATI' ~ () \0
By; Vo (Signature)
Name' -:::r; Print)
T~' PooQ
II
PROPER
By;
Name:
Tille:
Signature}
t
(Prin
'The tllllllS "Business ReJaflonshlp; "Clie "
Sectior12-395 of the Aventurll e.
"Interested PBtson" are dalined in
STAlEOFi
COUlITYO~
;J'-(
,/'//1)' J--1 "
NOTARIZATION PROVISION
SWORN TO AND SUBSCRtBED before me U1~ J-= day of iJ-1 r'-'
by... duly W- old ...w Of .ffrm Vlat
wl6
Boiocll 1M, Ula ~ dlociy, pe=oaIy appeared
haIshe .xecuta<!!his Mfidavlloc Ihe ptIJlOSlls <li.1ad Ula..1o end Vlat I ~ tlue end lXXlad.
,2()(jq , /- DENNIS KELLY
-./~ Public StateGfNewYor~
~ 0 01KE4947033
Notary Pulilc State of A ~ Qualified In Nassau County 6'
/ v I Commission Expires Feb 13, 20--.1
Printed Name 01 Nota'Y 1 { ,7
My lXlIMlissIan expires: ^ - r; -"(
,
0."'" me, Ula ....serslgno<l aulhoctty, po~ appeared
.xecuta<!!his Mida'IIl fotlho ptIJlOSllS llalad _ and Ihallls we end lXXlad.
Ihe Mfmnl, who bolog rm by me d\tf """'" ere ""'"' Of aJ1i:m
AND SUBSCRIBED before me 1h~ _ day of
-
200'1.-
PMtocl Name 01 NOlaIy
MylXllMlisslan
STATEOFFUlRIOA l
. COUNTY OF 1.lW.lI-IlADE}
aefora 1M, 1he unda<Signod aUlhorily,
haIshe elO'C1ltod U1~ Mfldavlfor1he pWiJOSOS stalad the..1n
who be\>;llim by Il)O ~u~ sv.om, old swear Of .ffm lhat
SWOON TO AND SUBSCRIBBl belool me f1Is _<lay of
STATEOf R.ORlDAI
COUHTY Of MImI-DADEl
Beiocll me, the l!1I!e<Signod 1IJIhodtlI.
helslIe.-.a IhisMflda<ilforthepuq:lOSOS
n. dl!......, OfaffHTll 1ha\
AFfWoIT
wSL
Notlrf Ptblc StaIB 01 Florida N.laJ1le
PMIBd Name 01 Nota'Y
My..ot\.n~eJplres:
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2Xii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(marl< with 'x' applicable portions oniy)
)11,
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to
which the application wili be presented.
[ ] 2,
Affiant hereby discloses that ~ does have a Business Reiationship wijh a member of the City Commission or a City
Advisory Board to which the application will be presented, as foliows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves),
The nature of the Business Relationship is as foliows:
[I i. Member of City Commission or Board holds an ownership interest in excess of 1% of totai assets or capital
stock of Applicant or Representative;
[I ii, Member of C~y Commission or Board is a partner, co-sharehoider (as to shares of a corporation which are not
listed on any national Of regional stock exchange) or joint venturer ~h the Applicant or Representative in any
business venture;
I J iii, The Applicant or Representative is a Client of a member of the C~y Commission or Board or a Client of another
professional worl<ing from the same office or for the same employer as the member of the City Commission or
Board;
[] iv, A City Commissioner or Board member is a Client of the Applicant or Representative;
[I v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000,00 of the business of the member of the C~ Commission or Board
(Of his or her employer) in a given calendar year,
[] vi. The member of the C~y Commission or Board is a Customer of the Appiicant or Representative and transacts
more than $25,000,00 of the business of the Applicant or Representative in a given caiendar year.
WITNESS MY HAND THIS
DAY OF
,200_.
APPUCANT:
By:
Name:
Title:
WtTNESS MY HAND THiS
(Signature)
(Print)
(Print)
DAY OF
.
,200_.
PROPERTY OWNER:
By:
Name:
nle:
(Signature)
(Print)
(Print)
'The terms 'Business Relationship,' 'Client,' 'Cus/omer,' 'Applicant,' 'Representative' and 'Interested Person' are defined in
Section 2-395 o( the Aventurn City Code,
7
WITNESS MY HAND THIS 2.3 DAY OF -k\<.l L.- , 2001--
RE~Siness Relationship Affidavit) By: (Signature
By: (Signature)
'meSo A-tJ F t Ie!> (Print) Name: (Print)
Title:7.i.()~I<-- ?J.vh,,'v (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) me: (Print)
B
y: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets If disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec_ 31-71(b)(2)(iv)
of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the infonnation provided in the Affidavit becomes incorrect
or incomplete,
9
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-OADE)
Before me, the undersigned authority, personally appeared ..5ll'..J.pq..) ~
hefshe executed this Affidavn for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me thi,21-day of Mild.
STATE OF FLORiDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
helshe executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED belure me this _ day of
duly sworn, did swear or affirm thaI
AFFIANT
OOyij ~~ d~
N,$'Y Publ~ State of F~a Al ~ '/
, 0 V"'/11fJ/l/(' ,I,tj f/; -,--
Printed N~m~ of No~ary .. . .....Corr~'rinf0>>'J038
My commission expIres: ~ &PNIApI!lI1'.z:ur
the Affiant, who being first by me duly sworn, did swear or affirm that
AFFiANT
,200_,
Nota'Y Publ~ Sfale of F~rlda At Larye
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
he/she executed this Affidavit for the purposes stated therein and that It is true and correct.
the Affiant, who being first by me duly sworn, did swear or affirm that
SWORN TO AND SUBSCRIBED belu.. me this _ day of
AFFIANT
,200_.
NofaIy Public Slate of Florida Altorge
Printed Name of Nota'Y
My commission expires:
ST ATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
helshe executed this Affidavit for the purposes stated therein and that it is true and correct.
the Affiant, who being first by me duly sworn, did swear or affinn that
SWORN TO AND SUBSCRIBED befo.. me this _ day of
AFFIANT
200_.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
8
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: Joanne Carr, A C
Planning Director
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager
DATE: April 21 ,2004
SUBJECT: Application for Amendment of the Official Zoning Map of the City of Aventura
by amending the zoning designation for one (1) parcel of land located at
3205 NE 188 Street from RMF3B, Multi-Family Medium Density Residential
District to CF, Community Facilities District (02-REZ-04)
May 4, 2004 Local Planning Agency Agenda Item 3 6
May 4, 2004 City Commission Meeting Agenda Item 1$
June 1, 2004 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve an amendment of the Official Zoning
Map of the City of Aventura by amending the zoning designation for one (1) parcel of land
located at 3205 NE 188 Street from RMF3B, Multi-Family Medium Density Residential
District to CF, Community Facilities District.
THE REQUEST
The City Manager is requesting an amendment of the Official Zoning Map of the City of
Aventura by amending the zoning designation for one (1) parcel of land located at 3205
NE 188 Street from RMF3B, Multi-Family Medium Density Residential District to CF,
Community Facilities District.
BACKGROUND
OWNER OF PROPERTY:
City of Aventura
NAME OF APPLICANT
City of Aventura
LOCATION OF PROPERTY
3205 NE 188 Street, Aventura
See Exhibit #1 for Location Map and
Exhibit #2 for Aerial Photograph
LEGAL DESCRIPTION
A portion of the south half of Section 3, Township
52 south, Range 42 East, City of Aventura
See Exhibit #3 for complete description
SIZE OF PROPERTY
Approximately 1,56 acres
DESCRIPTION IBACKGROUND
The City is proceeding with construction of a middle school wing to the City's Charter
School on the north side of NE 188 Street which will accommodate 300 students in
Grades 6 through 8, The parcel subject of this report is the proposed site of the
expansion, This site was chosen due to its proximity to the Aventura Charter Elementary
School and the City of Aventura Community Recreation Facility immediately adjacent to
the east. The siting of these three facilities on adjacent parcels will enable joint use of
recreational and school facilities,
The addition of the middle school wing showcases the City's changing demographics,
from a predominantly retiree community to one including a growing number of younger
families,
Although the City's Land Development Regulations provide that a school may be sited on
an RMF3B zoned parcel following conditional use approval, the zoning change from the
residential district to the community facility district is recommended to recognize the
proposed use of the land for school facilities on the Official Zoning Map and to be
consistent with the zoning designations on both the Charter Elementary School and the
Community Recreation Facility, However, conditional use approval is still required to
comply with Policy 1.3 of the City's Comprehensive Plan, which provides that community
facilities, including schools, shall be allowed on property with a residential or business and
office land use designation through the conditional use procedures of the City Code, This
property is designated Medium High Density Residential on the Future Land Use Map,
The conditional use application will be presented with second reading of the rezoning
ordinance,
2
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Medium High Density Residential
Town Center and Medium-High Density Residential
Business and Office '
Business and Office
Medium-High Density Residential
RMF3B, Multi-Family Medium Density Residential
District
RMF3, Multi-Family Medium Density Residential District
RMF4, Multi-Family High Density Residential District
and ROS, Recreation Open Space
OP, Office Park District
CF, Community Facilities District
RMF3B, Multi-Family Medium Density Residential
District
marine industry
public park
vacant
Aventura Charter Elementary School and Community
Recreation Facility
marine industry, boat storage
Access - Access to the parcel is trom NE 188 Street, a public right-ot-way,
Conformity to City Comprehensive Plan - The proposed amendment will be consistent
with the Comprehensive Plan pending conditional use approval to be presented with the
second reading of the rezoning ordinance.
Standards for reviewing proposed amendments to the Official Zoning Map:
1. The proposed amendment is consistent with goals, objectives and policies of the City's
Comprehensive Plan.
The proposed amendment will be consistent with goals, objectives and policies of the
City's Comprehensive Plan. Policy 1.3 ot the Plan provides that community facilities,
including schools, shall be allowed on property with a residential or business and office
land use designation through the conditional use procedures of the City Code. The
conditional use approval application will be presented with the second reading of the
rezoning ordinance,
3
2. The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses,
The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses, A school in the CF zoning district will serve the
needs of the adjacent residentially zoned lands and'the City as a whole, It will be
compatible with the existing Charter Elementary School and Community Recreation
Facility on CF zoned lands immediately adjacent to the east. The proximity of this site
to existing community facilities will allow joint use of school and recreational amenities,
3, The subject property is physically suitable for the uses permitted in the proposed
district.
The subject property is physically suitable for the uses permitted in the proposed
district. The site is immediately adjacent to an existing Charter Elementary School and
Community Recreation Facility. There is adequate access and capacity on NE 188
Street.
4, There are sites available in other areas currently zoned for such use.
There are limited sites available in other areas currently zoned for the CF, Community
Facility uses,
5, If applicable, the proposed change will contribute to redevelopment of an area in
accordance with an approved redevelopment plan,
As discussed by the City Commission during planning and visioning sessions for the
Town Center and this street, the proposed change will contribute to redevelopment of
an area in accordance with a redevelopment plan,
6, The proposed change would adversely affect traffic patterns or congestion,
The traffic generation table provided later in this report supports the proposed
amendment in that projected vehicle trips per day have been calculated with the
proposed school use on this site and capacity for this use is available on the street.
7, The proposed change would adversely impact population density such that the
demand for water, sewers, streets, recreational areas and facilities, and other public
facilities and services would be adversely affected.
The proposed change has no affect on population density and would therefore not
adversely affect the demand for water, sewers, streets, and other public facilities and
services compared to the presently permitted uses, The development of the proposed
school on this site decreases the demand for the need for a middle school in the City,
4
8, Whether the proposed change would have an adverse environmental impact on the
vicinity.
The proposed change will not have an adverse environmental impact on the vicinity,
9, Whether the proposed change would adversely affect 'the health, safety, and welfare of
the neighborhood or the City as a whole,
The proposed change will not adversely affect the health, safety, and welfare of the
neighborhood or the City as a whole, but will provide a compatible use that serves the
school needs of the neighborhood and the City,
Traffic Generation - The City's Traffic Consultant has prepared a roadway capacity
analysis, along with traffic generation information comparing existing permitted uses and
the proposed middle school use,
1.56 acres Vehicle Trips PM Peak Hour
Proposed Charter Middle per Day
School Site
Existing RMF3B zone 380 36
(54 units)
Proposed CF zone 486 45
(300 students)
NE 188 Street has a capacity of 23,800 vehicles per day. Based on existing counts, the
addition of the Charter Elementary School, the Community Recreation Facility and three
approved residential developments on the street, total vehicle trips equal 4,844,
Therefore, this street has adequate capacity for the proposed use. It is proposed that
vehicles and buses will use the existing left turn lane at the median cut at the Charter
Elementary School to access the middle school addition.
Part of the Larger Plan - The City Commission has reviewed the overall concept and
future of this area of the City, including the Loehmann's area, the City's Community
Recreation Facility, the school site and all surrounding properties, The City Commission
has determined that the proposed middle school wing is needed to accommodate existing
demand and increased demand from the residential uses approved, including those on
this street. The middle school addition will be an integral part in providing support and
vitality to the proposed redevelopment of the street and the mixed-use, town center
development to the west of NE 188 Street. It will allow children in the charter elementary
school to continue their charter school education to Grade 8 in an adjacent facility,
5
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EXHIBIT 1
02-REZ-04
EXHIBIT 2
02-REZ-04
I.EGAL DESCRIPTION
^ portion of the South halfofScction 3, Township 52 South. Range 42 Easl, Miami-Dade County,
Florida, more palticularly described as follows:
Commence at the center of Section 3, Township 52 South, Range 42 East, Miami-
nade County, Floritla: thence run North 89 degrees 50'55" West along lhe North line
of the S.W, 1/4 of said Scction 3 for a distance of 670.26 feet [0 the N,W. corner of
thc E 1/2 of the N.E, 1/4 of the S.W. 1/4 of said Section 3; thence rlI11 South 0
degrees 39'25" East along the Weslline ofthc E 1/2 of the N,E. 1/4 oflhe S.W. 1/4
of said Section 3 for a dislance of 1,107,11 fcelto a point; thence run North 89
degrees 20'35" East lor a distance of 1,597.55 feet to a point; thence run NOrlh 0
dcgrees 39'25" Wcst for a distance 0f35.0 feet to the point of beginning orllle Iraet
ofland herein described; thenceeonlinue North 0 degrees 39'25"West for a distance
of3 \ 2.890 feet 10 the center Iineofa canal; thence run Soulh 89 degrees 56'45" cast
along the center line of said canal for adislanceof218,716 feel 10 a POi11t; thence run
South 0 degrees 39'25" East for a distance of 31 0,18 to a point; thenc,c run South 89
degrees 20'35" West for a distal1ce of218.70 feet to a point ofbeg,inning,
T agcthcr with all rights to an easement in, on, under, through, over and across the
cntire 62.5 foot canal from its propcrlY to Dumfoundling Bay, in the same manner
and to the same el(tel1! and with the same rights, as evidenced by Deed recordcd in
Official Records Book 1799, at Page 9, of the Public Records of Miami-Dade
County, Florida.
EXHIBIT 3
02-REZ-04
ORDINANCE NO, 2004.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR ONE (1)
PARCEL OF LAND LOCATED AT 3205 NE 188 STREET
FROM RMF3B, MULTI-FAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICT TO CF, COMMUNITY
FACILITIES DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura recognizes the City's
growing number of younger families and a problem of school overcrowding; and
WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map
of the City of Aventura by amending the zoning designation for one (1) parcel of land
located at 3205 NE 188 Street from RMF3B, Multi-Family Medium Density Residential
District to CF, Community Facilities District to allow for the construction of a middle
school wing to the City's Charter School; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; 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 application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
Ordinance No. 2004-
Page 2
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 and intended use of the land,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Official Zoning Map of the City of Aventura is hereby
amended by amending the zoning designation for one (1) parcel of land located at 3205
NE 188 Street (Folio Number 28-2203-000-0330) from RMF3B, Multi-Family Medium
Density Residential District to CF, Community Facilities District (see Exhibit "A" for
property description).
Section 2. 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 3, 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 and that the Official Zoning Map of the City may
be revised so as to accomplish such intentions.
Section 4, Effective Date. This Ordinance shall be effective immediately upon
Ordinance No. 2004-
Page 3
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
PASSED on first reading this 4th day of May, 2004.
Ordinance No. 2004- _
Page 4
PASSED AND ADOPTED on second reading this 1st day of June, 2004.
JEFFREY M, PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of June, 2004.
CITY CLERK
EXHIBIT" A "
LEGAL DESCRIPTION
^ portion of the South half ofScction 3, Township 52 South, Range 42 East, Miami,Dade County,
Florida, more paltieularly described as follows:
Commence at tIle center of Section 3, Township 52 South, Range 42 East, Miami.
Dade County, Floritla, thence fUll Norlh 89 degrees 50'55" West along the North line
of the S,W. 114 of said Section 3 for a distance of670.26 feet to Ihe N,W. corner of
the E 112 of the N,E. 1/4 of the S,W, 114 of said Seefion 3; thence rUll South 0
degrees 39'25" East along the West line of the E 1/2 of the N,E. 1/4 of the S,W. 1/4
of said Section 3 for a distance of 1,107.11 feet to i1 point; thence run North 89
degrees 20'35" Easllor a distance of 1,597.55 feet to a point; thence run North 0
degrees 39'25" West for a disfanee 005,0 feet \0 the point of beginning of the tract
ofland herein described; thence continue North 0 degrees 39'25"West for a distancc
of312,890 feet to the center line of a canal; thence run South 89 degrees 56'45" East
along the center line of said canal for a distance of218.7 J 6 feello a point; thcnce run
South 0 dcgrees 39'25" East for a disfance of 31 0.18 to a point; thence run Somh 89
degrces 20'35" West for a distance of 218,70 fecl to a point ofbcginning,
Together with all rights to an easement in, on, under, through, over and across the
cntire 62.5 foot canal from its propcrty 10 DllJl1foundling Bay, in the samo manner
and to thc same extent and with thc same rights, as evidenced by Deed recorded in
OfJicial Records Book 1799, at Page 9, of the Public Records of Miami.Dade
County, Florida.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M, Soroka, ICMA-CM, City a
TO: City Commission
DATE: April 27, 2004
SUBJECT: Ordinance Amending City Code
1st Reading May 4,2004 City Commission Meeting Agenda Item 1e..,
2nd Reading June 1, 2004 City Commission Meeting Agenda Item
Attached is the subject Ordinance discussed and revised at the April Workshop
Meeting.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01288-04
ORDINANCE NO. 2004-_
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA; AMENDING THE CITY CODE BY
AMENDING ARTICLE VII "CODE OF ETHICS" OF
CHAPTER 2 "ADMINISTRATION", BY AMENDING
SECTION 2.394 "PENALTY", TO ENUMERATE
ADDITIONAL SECTIONS OF THIS ARTICLE VII AS
BEING UNDER THE PRIMARY JURISDICTION OF
THE MIAMI.DADE COUNTY ETHICS COMMISSION
FOR ENFORCEMENT; AMENDING SECTION 2.395
"DISCLOSURE OF BUSINESS RELATIONSHIPS AND
GIFTS" BY CLARIFYING THE METHOD OF
DISCLOSURE AND EXTENDING THE TIME PERIOD
FOR WHICH NEW BUSINESS RELATIONSHIPS
MUST BE DISCLOSED BY CITY COMMISSIONERS
AND CITY ADVISORY BOARD MEMBERS;
CREATING SECTION 2-396 "FURTHER ETHICS
STANDARDS; PROHIBITIONS AND
RESTRICTIONS", TO PROVIDE FOR THE
ENACTMENT OF ADDITIONAL PROHIBITIONS
AND RESTRICTIONS AND ETHICS STANDARDS
BEYOND THOSE CURRENTLY PROVIDED BY
APPLICABLE STATE, COUNTY AND CITY ETHICS
PROVISIONS, INCLUDING PROVISIONS
CONCERNING THE PROHIBITION OF CERTAIN
APPEARANCES, WORK OR PA YMENT,
CONTINUED RESTRICTIONS AFTER
COMPLETION OF CITY SERVICE; FURTHER
RESTRICTIONS ON TRANSACTIONS; PROVIDING
FOR SUCH PROHIBITIONS AND RESTRICTIONS
TO ALSO BE APPLICABLE TO FIRMS, BUSINESS
ENTITIES AND BUSINESS ASSOCIATES OF CITY
COMMISSION MEMBERS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR THE STRICTER
ETHICS PROVISIONS TO PREVAIL; PROVIDING
FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura desires to further strengthen
and enhance the ethics standards which are applicable to all elected officers of the City of
Aventura, beyond those standards currently provided by existing City Code proyisions, Miami-
Ordinance No, 2004-_
Page 2
Dade County ethics code provisions, State of Florida ethics code provisions, and applicable
provisions of federal law; and
WHEREAS, the City Commission finds that the enactment of the additional ethics
standards which are provided for in this ordinance shall further the continued integrity and
excellence of government provided by the City of Aventura; and
WHEREAS, the City Commission finds that the enactment of this ordinance will further
promote the establishment and adherence to the highest ethics standards and will thereby
facilitate continued confidence of the citizenry in the government of the City.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:l
Section 1. Recitals Adopted. That each of the above stated recitals is hereby
adopted and confirmed.
Section 2, City Code Amended. That Article VII "Code of Ethics" of Chapter
2 "Administration" of the City Code of the City of Aventura is hereby amended by
amending Section 2-392 "Code of Ethics Generally", Section 2-394 "Penalty," and by
amending Section 2-395 "Disclosure of Business Relationships and Gifts" at paragraph
(c) "Restrictions" by amending subparagraphs (1) and (3) of said paragraph, and by
creating a new section, Section 2-396 "Further Ethics Standards; Prohibitions and
Restrictions," to read as follows:
Section 2-391. Leeislative intent.
(a) It is essential to the proper conduct and operation of government that
public officials be independent and impartial and that public office not
be used for private gain other than the remuneration provided by law.
'/ Proposed additions to existing City Code text are indicated by underline; proposed deletions from
existing City Code text are indicated by S!file.through; presently existing text is indicated by the absence of
any underlinin~ or S!fikethroughs,
2
Ordinance No. 2004-_
Page 3
The public interest, therefore, requires that the law protect against any
conflict of interest and establish standards for the conduct of elected
officials and government employees in situations where conflicts may
exist.
(b) It is the policy of the City that no officer or employee of the City, shall
have any interest, financial or otherwise, direct or indirect; engage in any
business transaction or professional activity; or incur any obligation of
any nature which is in substantial conflict with the proper discharge of
his or her duties in the public interest. To implement this policy and
strengthen the faith and confidence of the City's residents in their
government, the City will enact a Code of Ethics setting forth standards
of conduct required of the City's public officers and employees, in the
performance of their official duties. It is the intent of the City that this
code shall serve as a guide for the official conduct of the public officers
and employees of the City,
Section 2-392. Code of Ethics I!enerallv.
The conduct of the public officers and employees of the City shall be governed by
the Code of Ethics of the City which shall include:
(1) The state "Code of Ethics for Public Officers and Employees", codified in
F.S. Chapter 112, as may be amended from time to time, and
(2) The "Miami-Dade County Conflict of Interest and Code of Ethics
Ordinance," codified at Section 2-11.1 et. seq., Miami-Dade County Code,
as may be amended from time to time, and
(3) Any provisions that the City Commission may adopt from time to time in
addition to those set forth in subsections (1) and (2) above,
Section 2-393, Additional conflict of interest restriction concerninl!
advisory board members
(a) No member of any City Advisory Board shall vote on or participate in any
way in any matter presented to the Board if said person is an officer, board member, or
director of an organization which would be or might be indirectly or directly affected by
any action of the Board or, if in any instance, the matter would affect the member in a
manner distinct from the manner in which it would affect the public generally.
(b) Any Board Member who has any of the above relationships or who would
or might, directly or indirectly, profit or be enhanced by the action of the Board shall
absent himself or herself from the Board meeting during the discussion of the subject
item and shall not vote on or participate in any way in said matter.
3
Ordinance No. 2004-_
Page 4
(c) Whenever any Board Member is in doubt as to the interpretation or
application of this section to his/her particular situation, the Board member may submit to
the City Attorney a written request for an opinion, The City Attorney shall review the
facts of the particular matter and shall provide an opinion to the Board Member.
(d) For purposes of this section, the term "Advisory Board" shall refer to the
members of those City Advisory Boards whose primary responsibility is to provide
recommendations or advice to the City Commission.
(e) For purposes of this section, the term "organization" means a corporation
for profit or not-for-profit, and includes a political committee or committee of continuous
existence as defined in F,S. Chapter 106.
Section 2-394. Penalty.
The Ethics Commission created pursuant to Miami-Dade County
Ordinance 97-105 shall have primary jurisdiction for enforcement of Sections 2-
392, ana 2-393, and 2-396. A finding by the Ethics Commission that a person has
violated Sections 2-392,ana 2-393 and 2-396 shall subject said person to an
admonition or public reprimand and/or a fine of $250.00 for the first such
violation and $500,00 for each subsequent violation.
Section 2-395. Disclosure of business relationships and I!ifts.
(a) Definitions,
(I) Applicant. As used herein, the term "applicant" means any individual
or entity requesting action of the City Commission or a City Advisory Board upon an
application and all persons or entities representing such individual or entity (including,
but not limited to, all attorneys, architects, landscape architects, engineers and lobbyists)
(the "representatives"), and any individual who holds directly or indirectly, a five percent
or more ownership interest in the total assets or capital stock of such applicant entity.
(2) Business relationship: As used herein the term "business relationship"
means that a member of the City Commission or a City Advisory Board has a business
relationship with a person or an entity if any of the following exist:
a. The member of the City Commission or City Advisory Board holds an
ownership interest, directly or indirectly, in excess of one percent of the total assets or
capital stock of the applicant, representative or interested person entity; or
b. The member of the City Commission or City Advisory Board is a partner,
co-shareholder (as to the shares of a corporation which are not listed on any national or
regional stock exchange) or joint venturer with the applicant, representative or interested
person in any business venture;
4
Ordinance No, 2004-_
Page 5
c, The application, representative or interested person is a client of the
member of the City Commission or City Advisory Board, or a client of another
professional working from the same office or for the same employer as the member of the
City Commission or City Advisory Board;
d, The member of the City Commission or City Advisory Board is a client of
the applicant, representative or interested person.
e, The applicant, representative or interested person is a customer of the
member of the City Commission or City Advisory Board (or of his/her employer) and
transacts more than $10,000.00 of the business of the member of the City Commission or
City Advisory Board (or of his/her employer) in a given calendar year; or
f, The member of the City Commission or City Advisory Board is a
customer of the applicant, representative or interested person and transacts more than
$25,000.00 of the business of the applicant, representative or interested person in a given
calendar year.
(3) Client. As used herein, the term "client" means a person or entity who
obtains the services of another for compensation.
(4) Customer. As used herein the term "customer" means a person or entity
who purchases or leases materials, equipment or property from another.
(5) Gift, As used herein, the term "gift" means any gift required to be
reported by quarterly disclosure pursuant to F.S, ~ 112.3148, or Section 2-1 1.1 (e) of the
Miami-Dade County Code,
(6) Interested person. As used herein, the term "interested person" means
any person who speaks for or against any resolution or ordinance before the City
Commission or for or against any matter before any City Adyisory Board and who has a
direct financial interest in the action (including, but not limited to vendors, bidders and
proposers), except that owner occupied residential property owners shall not be deemed
to have a direct financial interest in land use decisions that may affect the value of their
property, and accordingly shall not be within the definition of the term "interested
person," as used herein.
(b) Application of definitions.
(I) Notwithstanding the provIsIOns of subsection (a)(2)a.-f. above, a
business relationship shall not be construed to exist hereunder by virtue of the
circumstance that a member of the City Commission or City Advisory Board executed or
authorized a contract with an applicant, representative or interested person solely in such
City Commission or City Advisory Board member's capacity as an officer or director of a
5
Ordinance No. 2004-_
Page 6
homeowner association, condominium association, cooperative association or master
association,
(2) For the purpose of applying the 24-month period restriction provided in
subsection(c)(l) below, a business relationship commences pursuant to subsection
(a)(2)c,-f. (client/customer) above, when materials, equipment, property or services are
ordered, sought, contracted for or obtained.
(3) For the purpose of applying the 24-month period restriction proYided in
subsection (c)(l) below, a business relationship ends pursuant to subsection (a)(2)c.-f.
(client/customer) above:
a. Once the sale of materials, equipment or property is completed and
no payment remains due; or
b, Once the lease of materials, equipment or property expires or is
terminated and no payment remains due; or
c. Once the provision of services is fully performed and no payment
for services remains due.
(c) Restrictions.
(I) Except as prohibited by law or regulatory standards, each member of the
City Commission or any City Advisory Board shall disclose bv public announcement or
written filing with the Citv Clerk the existence of any business relationship of which
he/she is aware that he/she has, or has had within the prior 24-month period, with any
applicant, representative or interested person, at the time that the applicant, representatiye
or interested person appears before the City Commission or City Advisory Board on
which the member sits.
(2) Except as prohibited by law or regulatory standards, if a member of the
City Commission or any City Advisory Board learns, or with the exercise of due
diligence, should have learned, at any time after an action is taken by the City
Commission or the City Advisory Board on which the member sits, that he/she had a
business relationship with any applicant, representative or interested person who
appeared before the City Commission or the City Advisory Board, he/she shall within ten
days of so learning, disclose any such business relationship in writing to the City Clerk
that was not disclosed at the initial meeting.
(3) Except as prohibited by law or regulatory standards, if a member of the
City Commission or any City Advisory Board establishes a business relationship with
any applicant, representative or interested person within -h! 24 months after the applicant,
representative or interested person appears before the City Commission or the City
Advisory Board on which the member sits, the member of the City Commission or the
6
Ordinance No, 2004-_
Page 7
City Advisory Board shall disclose any such business relationship in writing to the City
Clerk within 15 days after the business relationship is established.
(4) F.S. S 286,012 prohibits a member of the City Commission or any City
Advisory Board from abstaining from voting unless there is, or appears to be, a possible
contlict of interest under F.S. ~~ 112.311, 112.313, and 112.3143, Accordingly, in any
situation where a member of the City Commission or a City Advisory Board discloses a
business relationship under this section, the member may abstain from voting, since such
disclosure shall qualify as constituting the appearance of a possible conflict of interest.
This paragraph shall not be construed to make abstention discretionary under situations in
which abstention or non-participation is mandated by F.S. S 112.3143, Section 2-11.1(d)
of the Miami-Dade County Code as adopted by City Code Section 2-392(2), or (as to
Advisory Board Members) as provided by City Code Section 2-393,
(5) Members of the City Commission or City Advisory Boards shall disclose
gifts from applicants, representatives and interested persons in the same manner as
provided for the disclosure of business relationships under subsection (c)(l)-(3) aboye.
(6) If any member of the City Commission or City Advisory Board believes
that another member of the same body has willfully failed to make a disclosure required
under this section, he/she may submit evidence supporting the alleged failure to disclose
to the City Manager who shall place the item on the next ayailable City Commission
Agenda. The allegation and supporting evidence shall be presented by the member of the
City Commission or City Advisory Board who raised the issue for consideration by the
City Commission, The member of the City Commission or City Advisory Board against
whom the allegation is made may present evidence refuting the allegations. If four or
more members of the City Commission determine that an accused City Commissioner
has willfully failed to make a required disclosure, the accused City Commissioner shall
be deemed to be censured, If four or more members of the City Commission determine
that an accused member of a City Advisory Board has willfully failed to make a required
disclosure, the accused Advisory Board Member shall be removed from the Advisory
Board.
Section 2-396 - Further Ethics Standards: Prohibitions and Restrictions
.uu Certain appearances, work or payment prohibited,
Pursuant to Section 2-11.1(m) of the Miami-Dade County Code and as further
specified herein:
ill No member of the City Commission shall appear before any City
department. board or agency and make a presentation on behalf of a third
person with respect to anv application. license. contract. certificate. ruling.
decision. opinion. rate schedule. franchise. or other benefit sought by the
third person.
7
Ordinance No, 2004-_
Page 8
illl No member of the City Commission shall contact or direct another oerson
to contact for the Commission member. the City Manager or any
deoartment personnel concerning the status of any oending aoolication or
matter on behalf of any third person who has retained or emoloved the
Commission member or who has retained or emoloved the firm or
business entity in which the Commission member has an emolovment.
contractual or financial interest.
(iii) No member of the City Commission shall receive comoensation. directly
or indirectly or in any form. for services rendered to a third oerson. who
has aoolied for or is seeking some benefit from the City or from a City
deoartment, board or agency, in connection with the oarticular benefit
sought bv the third oerson, Further, no member of the City Commission
shall receive any portion of or share any fee with any other oerson in
connection with any such matter.
llY2 No member of the City Commission shall aooear in any court or before
any administrative tribunal as counselor legal advisor to a Darty who
seeks legal relief from the City or from a City deoartment, board or agency
through the litigation or oroceeding in question,
ill Continued Restrictions after City Service.
Pursuant to Section 2-11.1(q) of the Miami-Dade County Code and as
further soecified herein, no member of the City Commission shall, for a
period of two (2) years after his or her City service has ceased, lobby the
City Commission or any City Officer. deoartment personnel or emolovee
in connection with any quasi iudicial, iudicial or other oroceeding,
aoolication, ourchasing RFP, RFO or Bid, request for ruling, or other
determination, contract, claim, controversy, charge, accusation, municioal
ordinance violation, arrest or other particular subiect matter in which the
City or one of Citv's agencies, boards or instrumentalities is a Darty or has
any interest. whether direct or indirect. Howeyer. nothing contained in
this oaragraoh (b) shall orohibit any individual included within the
provisions of this oaragraoh (b) from submitting a routine administrative
request or aoolication to a City deoartment or agency during the two (2)
years after his or her City service has ceased. The term "routine
administrative request or aoolication", as used herein. means an
aoolication for a building oermit. occuoational license, regular city
recreation facility or Dark oublic use permit request, under those
circumstances where no variance, waiver or special privilege is requested.
8
Ordinance No, 2004-_
Page 9
.liD. Further Restriction on Transactions.
ill In the event that during the term of office of a member of the City
Commission. the City Commission grants an application (the "Citv
Approval") for a rezoning. variance. conditional use. or zoning code or
comprehensive plan amendment. upon the application of a person or entity
(the "Zoning Applicant"). no person then serving as a member of the City
Commission at the time of the City Approval shall then and for a period of
two years after the issuance of the City Approyal. regardless of whether
still serving on the City Commission. perform any services for or directly
or indirectly accept any financial remuneration. any financial interest in or
any special private gain from the Zoning Applicant or from any successor
or assignee of the Zoning Applicant. as a result of or in relation to any
development which is enabled to occur as a direct consequence of such
City Approval. Notwithstanding any provision of this paragraph (c)(i). the
restrictions and prohibitions of this paragraph (c)(i) shall not apply to a
member of the City Commission who has recused himself or herself from
Participating in or voting upon the item of City Approval and has absented
himself or herself from the Commission meeting pertaining to such item.
ili2 This paragraph (c) shall not preclude the provision of seryices or the sale
or lease of goods bv a member of the City Commission to persons who
subsequentlv. independently enter into a transaction with the deyeloper.
owner or operator of the property developed as a result of the City
Approval solely bv such person's purchasing or obtaining a lease for a unit
in a building which was enabled to be built or redeveloped as a result of a
City Approval.
om The prohibitions of this paragraph (c) may be waived for a specific
transaction bv Resolution of the City Commission which is adopted
following a public hearing by a five-seventh (517) (five member
affirmatiye vote) of the City Commission. if not contrary to other
applicable ethics provisions. upon a finding that:
ill The proposed transaction is consistent with the purposes of Article
VII of Chapter 2 of the City Code; and
ill The transaction will not create or tend to create even the
appearance of any impropriety.
@ Applicabilitv to Firms. Business Entities. Business Associates.
The restrictions and prohibitions which are imposed bv paragraphs (a). (b)
and (c) of this section upon any person. bv virtue of that person's service
(or former service) as a member of the City Commission. shall also be
applicable to any firm or business entity in which such member of the City
9
Ordinance No, 2004-_
Page 10
Commission has an emplovment. independent contractor or material
interest and to any business associate of such member of the City
Commission. The terms "material interest" and "business associate" have
the meaning indicated bv Section 112.312. Florida Statutes.
~ Definitions,
Except as otherwise indicated herein or required bv the context used
herein. the terms utilized herein which are defined in Section 112.312.
Florida Statutes. or in Section 2-11.1 of the Miami-Dade Countv Code.
shaH have the meanings provided in such state statute and county code
proyisions.
ill Stricter provisions prevail.
Nothing in this section shaH be construed to impair or diminish anv stricter
ethical standards which are provided bv Section 112.313. et. sea. of the
Florida Statutes. Section 2-11.1 of the Miami-Dade Countv Code or bv the
provisions of the Charter and Ordinances of the Citv or by anv applicable
federal law .
Section 3, Severabilitv, That the provisions of this Ordinance are declared to be
severable and if any section. sentence. clause or phrase of this Ordinance shaH for any
reason be held to be invalid or unconstitutional, such decision shaH 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 shaH 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 shaH become
and be made a part of the Code of the City of A ventura; that the sections of this
Ordinance may be renumbered or relettered to accomplish such intentions; and that the
word "Ordinance" shaH be changed to "Section" or other appropriate word,
Section 5. Effective Date, That upon adoption on second reading this Ordinance
shaH be effective immediately and shaH be applied prospectively only.
10
Ordinance No. 2004-_
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
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 yote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R, Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
PASSED on first reading this 4th day of May, 2004,
PASSED AND ADOPTED on second reading this 151 day of June, 2004.
JEFFREY M, PERLOW, MAYOR
A TIEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A TIORNEY
11
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, City Manager
BY:
DATE:
Harry M. Kilgore, Finance Support Services Director
April 29, 2004
SUBJECT: Ordinance Amending the Police Pension Plan Provisions
1st Reading May 4,2004 City Commission Meeting Agenda Item "'::
2nd Reading June 1, 2004 City Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission adopt the attached Ordinance amending the
Police Pension Plan.
Backaround
Pursuant to State law, the City submitted the ordinance which was adopted on first reading
on January 6, 2004 to the Police & Fire Pension Bureau of the State Division of
Retirement. State staff reviewed the ordinance and provided comments on what was
necessary to satisfy their requirements, Mr. Robert Klausner, who drafted the ordinance,
worked with the State and received approval to pass the ordinance on second reading at
the March 2, 2004 Commission meeting with the understanding that there would be an
amending ordinance to clarify various provisions of the Plan,
Mr. Kalusner has worked with the State and has received concurrence from them that the
proposed amended ordinance will satisfy the State. Most of the changes are minor and
have no substantive impact other than to satisfy the State,
The one exception is Section 7 which includes language that is not in conformance with
our Collective Bargaining Agreement with the PBA.
However, even if some employees refused to transfer their 401 accounts into the new
defined benefit plan, the deduction from 3% to 2% for prior service years would more than
offset by the value of the dollars which would otherwise be transferred to the fund from the
employee's 401 account. Therefore, the change will have no impact upon the City or other
covered employees. I recommend adoption,
If you have any questions, please feel free to contact me.
HMKlmn
ORDINANCE NO. 2004-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
ORDINANCE 2004-07 WHICH ADOPTED THE POLICE PENSION PLAN AND
TRUST FUND AS REQUESTED BY THE STATE OF FLORIDA DIVISION OF
RETIREMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura has determined that the creation of a local law
pension plan is in the best interests of the police officers and citizens of the City of
Aventura;
WHEREAS, the City Commission of the City of Aventura concurs that
establishment of a local law pension plan is the most efficient means of complying with
state law and is in the best interests of the citizens and taxpayers of the City; and
WHEREAS, the State of Florida Division of Retirement has requested
clarification of plan language;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Aventura:
Section 1. Sections (I) and (L) of the Aventura City Code is hereby
amended as follows:
SECTION
DEFINITIONS.
I. Credited Service
shall mean membership credit upon which a member's eligibility to receive benefits
under the Retirement Plan is based or upon which the amount of such benefits is to be
determined and shall be calculated based on the aaareaate number of vears of service
and fractional parts of years of service of any police officer. omittina intervenina years
and fractional parts of years when such police officer may not have been emploved bv
the City. The term credited service shall be interpreted in accordance with Section
185.02. Florida Statutes, unless otherwise provided herein.
L. Earnable Compensation
shall mean a member's base pay for regular hours worked as an employee, overtime
pay, amounts paid for administrative leave, bereavement leave, compensatory time
paid in lieu of regular wages, court time, Garcia days for K-9 service, holiday leave
taken in lieu of regular pay, job basis leave, jury duty, light duty, paid military leave,
personal leave taken in lieu of regular pay, storm leave, storm/hurricane pay,
suspension with pay, pay for time off due on the job injury, vacation leave taken in lieu
of regular pay, and workers' compensation paid by the City ; and, excluding pay
received for off-duty details for third parties, whether or not the payment is made
through the City. Earnable compensation shall not include payouts of accumulated
leave taken as cash upon separation from service. Retroactive payments shall be
credited to the calendar year in which such payments would have been received had
they been timely paid. Compensation for any plan year shall not include any amounts in
excess of the Internal Revenue Code Section 401 (a)(17) limitation as adjusted for
change in the cost of living in the manner prescribed by the IRC, Section 401 (a)(17)(B).
Pursuant to Section 440.21, Florida Statutes, pension contributions shall not be
deducted from a member's workers' compensation award.
Section 2, Section (H) (4) of the Aventura City Code is hereby
amended as follows:
SECTION , SERVICE RETIREMENT BENEFIT.
H.
4.
Other Options. The Retirees may, by uniform rule, establish any other
optional form of payment, which is the actuarial equivalent of any other
form of retirement provided for in this Plan, or which optional form of
payment is cost neutral to the Plan. An interest only option or an option
providing guaranteed payments over a period in excess of twenty (20)
years or beyond age eighty-five (85) may not be offered. The Board, in its
sole discretion, may make a lump sum distribution which is the actuarial
equivalent of the monthly benefit if the lump sum is not greater than
$1,750 $2,500.00. or if the month Iv retirement income is less than $100.
Section 3, Section
as follows:
(A) of the Aventura City Code is hereby amended
SECTION_, BUY-BACK FOR MILITARY SERVICE.
A.
Any member of the Plan who is employed by the City prior to entry into
military service and who takes a leave of absence for the purpose of
entering into military service in the Armed Forces of the United States and
thereafter re-enters the employ of the City, and is vested, shall be entitled
to purchase service credits for the period of absence by contributing the
actuarial cost of the benefit which would have been earned had the
member continued in City employment for the period of military service
based on the salary in effect on the date of the leave of absence, for each
year being purchased; except to the extent that state or federal law shall
require the provision of service credit without a member contribution.
There shall be no credit for military service prior to City employment as a
police officer.
In determininq the creditable service of anv police officer, credit for UP to
five (5) years of the time spent in the military service of the Armed Forces
of the United States shall be added to the years of actual service, if:
1. The police officer is in the active employ of the municipality prior to
such service and leayes a position. other than a temporary position, for
the purpose of voluntarv or involuntarv service in the Armed Forces of the
United States.
2, The police officer is entitled to reemployment under the provisions of
the Uniformed Services Employment and Reemployment Riahts Act.
3. The police officer returns to his or her employment as a police officer of
the municipality within 1 year from the date of his or her release from such
active service,
Section 4, Section (D), (F), (K), (L) and (N) of the Aventura City Code
are hereby amended as follows:
SECTION DISABILITY.
D. The service-incurred disability benefit shall be paid in equal monthly
installments in an amount equal to the member's accrued benefit, but not
less than forty-two (42%) percent of the member's final monthly
compensation as of the date of disability retirement. This benefit shall be
in addition to any short or long term disability benefit provided by the City;
but, shall be subject to offset for workers' compensation paid by the City
as permitted by law, Pursuant to Section 185.18(5), Florida Statutes,
service-incurred disability benefits may not be offset below 42% of
averaae monthly compensation.
F. Disability benefits shall be paid on the first day of each month. No benefit
shall be paid until the Board of Trustees has actually considered and
voted upon entitlement to disability. The monthly retirement income to
which a police officer is entitled in the event of his or her disability
retirement shall be payable on the first day of the first month after the
board of trustees determines such entitlement. Howeyer, the monthly
retirement income shall be payable as of the date the board determines
such entitlement. and any portion due for a partial month shall be paid
toaether with the first payment. The last payment will be, if the police
officer recovers from the disability, the payment due next precedina the
date of such recoverv or. if the police officer dies without recoyerina from
his or her disability. the payment due next precedina death or the 120th
monthly payment. whichever is later. In lieu of the benefit payment as
provided in this subsection, a police officer may select an optional form of
benefit. Any monthly retirement income payments due after the death of a
disabled pOlice officer shall be paid to the police officer's desianated
beneficiarv or beneficiaries,
K,
Application for disability retirement shall be made on a form prescribed by
the Board of Trustees. The member shall execute such medical releases
as are necessary to permit the Board of Trustees to review the medical
records needed to determine the question of disability and to discuss said
records at a public meeting. Upon receipt of an application for disability,
the Board shall appoint a medical committee to be composed of not less
than one nor more than three licensed physicians. The applicant for
disability shall be required to submit to examination by the medical
committee. The medical committee shall report its findings to the Board
of the Trustees which shall include a determination, to the extent
reasonably possible, the origin of the disability, whether the disability is
permanent, and whether the disability is total. In making that
determination, the medical committee shall be bound by the definition of
disability set forth in this Plan. The decision to arant or denv a disabilitv
application shall rest exclusivelv within the discretion of the Board of
Trustees, who shall complv with the provisions of this Plan as well as the
disabilitv provisions of Chapter 185. Florida Statutes.
L,
Upon receipt of the report of the medical committee, the Trustees shall
schedule a public hearing at which time the Board shall review all reports
of the medical committee, together with any such documentary evidence
as the applicant may wish to submit. The Board shall conduct a
preliminary determination as to whether the member is permanently and
totally disabled based upon the written documentation presented. If the
Board does not grant the application based on the written documentation,
it shall inform the member in writing of the reasons for the denial of the
application. The member may, within thirty (30) days of receipt of the
Board's preliminary denial, request a full evidentiary hearing before the
Board. Sais hearin€! will l3e GeASIlGtes eonsislont with tAo flriAeiples af
dblo PF060&E aRe tR8 rl;Jlet of 0'/idenG0 geA0rally afJplisable te
asministrati'/e flroeoasiAgs shall apply. Tho Board shall ha'/o tho flo'....or
to issllo slll3floeAas eemflellin€! the attoAsaAeo af witnessos. At sais
hoaring tho applicant may flrosent slleh oral ans 'Nritton oyisoneo as tAo
applicant dooms nocessary te astal3lisA ils I3llrsoA af flroof. TAo Boars
may aflpoint sfleeial sOIlAsel as aA as'laeate to eross examino witnossos
and to offor argumont in efll3esitien te the afill3lieation. TAe attemey fer
tho Boars shall not sorvo both as advocate ans as asvisor te the Boars iA
tho sarno procoodin!'l. TAO applicaAt aAs tAe Boars shall have the ri€!ht te
e)(amine aAS eross examiAe all witAessas. The Board shall have the
authoritv to adopt administrative rules and reaulations aovernina disabilitv
hearinas. The decision of the Board shall be based solely upon the
evidence presented and the law applicable to this Plan. Following the
conclusion of the hearing, the Board shall render an opinion in writing
setting forth the reasons for the grant or denial of the benefit. In the event
that the disability benefit is denied, the applicant shall have the right to
judicial review by complaint for common law certiorari in the Circuit Court
of Miami-Dade County.
N,
No member shall be granted a disability pension upon a determination by
the Board that the disability resulted from:
5,
Excessive and habitual use of drugs, intoxicants or narcotics;
Injury or disease sustained while wilfully and illegally participating in fights,
riots, civil insurrections or while committing a crime;
Injury or disease arising from service in the armed forces;
Injury or disease sustained after employment as a police officer has
ended;
Iniurv or disease sustained while workinQ for anvone other than the city
and arisinQ out of such employment. Any GGGl:IrreJAG9 arisin!il frem
compenElable employment unrelaleEl Ie re~ular City eml'lleyment.
1.
2,
3.
4.
Section 5, Section
follows:
B of the Aventura City Code is hereby amended as
SECTION _ VESTING AND TERMINATION.
B, A member who shall leave the service of the City prior to eligibility for normal
service retirement or early service retirement, but who has completed ten (10)
years of creditable service shall be entitled to receive retirement benefits
commencing at the regular normal service retirement date. Such benefits will be
based on final monthly compensation and credited service as of the date of
termination. If any deferred vested member who has been in the service of the
municipality for at least 10 years elects to leave his or her accrued contributions
with the Plan, the member may select earlv retirement upon attaininQ aQe 50 or
older. Early retirement benefits shall be paid at the actuarial equivalent of the
amount of such retirement income otherwise payable. as provided in Section
185,16(4), Florida Statutes.
Section 6, The City contribution, effective October 1, 2003 shall be fourteen and one-
half (14.5%) percent of covered payroll. The employee contribution rate
shall be six and three tenths (6.3%) percent. The assumed rate of
Chapter 185 insurance premium tax rebates shall be five (5%) percent of
covered payroll. Future contribution increases or decreases in the plan
shall be shared equally between the employees and the City through
September 30, 2005. Consistent with the requirements of Section
112.66 and 185.07, Florida Statutes. the City shall contribute the amount
necessarv to maintain the Plan on an actuariallY sound basis. To the
extent that anv chanQes are required in the member contribution rate. a
separate amendment shall be reauired to reflect the revised member
contribution,
Section 7. Employees hired as a City of Aventura police officer prior to
October 1, 2000 shall be eligible to receive credited service from
the initial date of employment as a police officer at the Plan's three
(3%) benefit accrual rate, provided the member transfers all funds
from the city 401 (a) plan to the defined benefit plan effective
October 1, 2003. Emolovees hired as a Citv of Aventure police
officer prior to October 1. 2000 who elect not to transfer all funds
from the citv 401 (a) plan shall onlv receive prior credited service at
a two percent (2%) benefit accrual rate. The City shall make no
further contributions to the 401 (a) plan. Employees hired as a City
of Aventura police officer after October 1, 2000 shall receive
credited service effective October 1, 2003 and shall retain all
balances to their credit in the 401 (a) plan; provided, however, that
the City shall make no further contributions to the 401 (a) plan.
Employees hired as a City of Aventura Police Officer on or after
October 1, 2000 shall continue to accrue vesting rights in the
401 (a), but the City shall make no additional contributions.
Section 8.
Should this ordinance or any part thereof be declared invalid by a
Court of competent jurisdiction, the invalidity of any part of this
ordinance shall not otherwise affect the validity of the remaining
provisions of this ordinance, which shall be deemed to have been
enacted without the invalid provision.
Section 9,
It is the intention of the City Commission of the City of Aventura
that the provisions of this ordinance shall become and be made a
part of the Code of the City of Aventura, and that the word
"ordinance" may be changed to "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions.
Section 10.
This ordinance shall become effective immediately upon its
passage.
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 Ken Cohen
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
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 Ken Cohen
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this _ day of _. 2004.
PASSED AND ADOPTED on second reading this _ day of
,2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission (ACES Board of Di
FROM: Eric M. Soroka, ICMA-CM, City M
DATE: March 22, 2004
SUBJECT: Ordinance Amending 2003/04 Charter School Budget
1st Reading April 13, 2004 City Commission Meeting Agenda Item 1L-
2nd Reading May 4, 2004 City Commission Meeting Agenda Item 8
RECOMMENDATION
It is recommended that the City Commission, acting as the ACES Board of Directors,
approve the attached Ordinance amending the 2003/04 FY Charter School Budget.
The total amendment is $19,000.
BACKGROUND
The school recently was awarded a Title V Innovative Programs Competitive Grant
issued by the Federal Government in conjunction with the Miami-Dade County Public
Schools. Out of 102 grant applications received, 27 projects were approved, The
school is one of the three charter schools to receive the grant. The grant of $19,000
allows the school to offer small group instructions for struggling readers by hiring a
Reading Specialist for the remainder of the school year. The budget was amended to
reflect the revenues and expenditures associated with the grant. The other amendment
relates to the reduction of the rnanagernent fee negotiated with Charter Schools USA to
fund a portion of the new Controller position in the Finance/Support Services
Department.
If you have any questions, please feel free to contact rne.
EMS/ja
CC01282-04
ORDINANCE NO, 2004-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO, 2003-06, WHICH ORDINANCE ADOPTED A
CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE AVENTURA CHARTER ELEMENTARY
SCHOOL FOR FISCAL YEAR 2003/04 (JULY 1 - JUNE 30)
BY REVISING THE 2003/2004 FISCAL YEAR BUDGET
DOCUMENT AS OUTLINED IN EXHIBIT "An ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the Aventura Charter Elementary School and upon the recommendations of the City
Manager (and the concurrence of the Finance Support Services Director as to
Accounting Principles), it is deemed necessary to adjust, amend and implement the
2003/2004 Operating and Capital Budget of the Aventura Charter Elementary School
as set forth in Exhibit "A" attached hereto and made a part hereof,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1, The recitals contained in the preamble to this Ordinance are
incorporated by reference herein,
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No, 2003-06, which Ordinance adopted a budget for the 2003/2004 fiscal
year for the Aventura Charter Elementary School by revising the 2003/2004 budget as
Ordinance No, 2004-_
Page 2
set forth on the attached Exhibit "A" , which exhibit is deemed incorporated by reference
as though set forth in full herein,
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance,
Section 4, 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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Mayor Jeffrey M, Perlow
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 Jay R, Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Mayor Jeffrey M, Perlow
PASSED AND ADOPTED on first reading this 13th day of April, 2004,
2
Ordinance No, 2004-_
Page 3
PASSED AND ADOPTED on second reading this 4th day of May, 2004,
JEFFREY M, PERLOW, MAYOR
ATTEST:
TERESA M, SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
EXHIBIT A
OBJECT
CODE CATEGORY
Revenues
Budget Amendments
CHARTER SCHOOL FUND 190
2003/04
ADOPTED
BUDGET
2003104
AMENDED
AMOUNT
2003/04
REVISED
BUDGET
State Shared Revenues:
Grants
SUBTOTAL
78,181
78,181
19,000
19,000
97,181
97,181
Total Revenues
78,181
19,000
n$L/111,PQQ
97,181
Total Amendments-Revenues
Expenditures
K-3 Basic 5101
1230
5290
Reading Specialist
Other Material & Supplies
SUBTOTAL
16,000
3,000
19,000
16,000
3,000
19,000
3148
Management Fee
Transfer to General Fund
SUBTOTAL
Operation of Plant 7900
386,974 (15,600)
15,600
386,974
371,374
15,600
386,974
Total Expenditures
386,974
19,000
405,974
Total Amendments-Expenditures
$/1~.q(jQ
EXHIBIT A
2003/04 Adopted 2003/04 Amended
Function Job Class Full Time Part Time Full Time Part Time
5101 Teacher 20.00 20,00
Para-Professionals 5.00 5,00
Reading Specialist 1.00
5102 Teacher 11.00 11.00
5250 Teacher 4,00 4.00
5901 Substitute Teacher 2.00 2,00
6200 Media Specialist 1.00 1.00
7300 Principal 1.00 1.00
Assistant Principal 1.00 1.00
Business Manager 1.00 1.00
Administrative Assistant 1.00 1.00
Receptionist 1.00 1.00
Reglstar/Compllance 1.00 1.00
Computer NetworkfTech 1.00 1.00
7900 Cafeteria Manager 1.00 1.00
Janitor 1.00 1.00
9102 PIT Teacher 1.00 1.00
Site Coordinator 1.00 1.00
PIT Alter School Counselor I 4.00 4,00
PIT Alter School Counselor II 4,00 4,00
PIT School Aides 2,00 2,00
Total 48.00 16,00 49.00 16.00
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
a.v. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, 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
in the XXXX Court
was published in said newspaper in the issues of
04/16/2004
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, r te, commission or refund for the purpose
of securing t adve' 0 ublication in the said
news pap
Sworn to and subscribed before me this
16~
(SEAL) ~_I.-
o . My CommiMion OD293M6
O.V. FERBEYRE personal l!lcjjllio _ 04 2008
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CITY OF AVEN'I'URA
PUBUC NOTICE OF FROPOSEDORDINANCE
'NOTICE IS HEREBY GIVEN that on Tuesday, the 4th day of May, 2004 at
'a meeting of th. City CQrnmiasion of.~ .city of A",,"tura, \0 be hold at .
.6:00 p,m, In the Commlsllton ~ at A""",,", Govemment Canter, ;
'19200 West Country Club Orive, Ave!1lUra, Rortda,.the City Commission'
will consider final adoption of thelDllowillg Ordt~ on seCond I88ding,
'entitled: - .
AN ORDINANCE OF TH& crrv COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
2003-12 _It" ORDINIlIlCI!^AIlOPTEll A BUDGET FOIl",
THE 200312004 FiscAL YEAR BY REVISING THE 200312004
FISCAL YEAR OPERATING AND CAPtTAL BUDGET AS
OUTLIED" EXHIBIT oAo ATTACHED IERETO;AuritoRI2ING
THE CITY MANAGER TO 00 AU. THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE. .
The proposed Ordinance may be Inspected by tho 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 to a~ress the
City Commission on any item at tilts Public Hearing may do so'after the ~
'Mayor opens the-public hearing. .
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled andwtw need special actommodations to
participate in this proceeding because of that disability should contact the
Office of the City Clerk, 3Q5-466..$901, 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 procee(:Iiflgs 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,
01116.
Toresa M, Soroka, CMC City CIeri<
04-4-6lII450252M
She ~lami Herat~
ImBII
Published Dailv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
JOANNE LOPEZ
Who on oath that he is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade
County, Florida; that the advertisement for City Of Aventura was published in
said newspaper in the issue of:
Miami Herald, local section Thursday, April 23rd, 2004.
Affiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that the said newspaper has heretofore been
continuously published in said Dade, County, Florida, each day and has been
entered as second class mail matter at the post office in Miami, in said Dade
County, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement.
/~~op~
Uworn to and snbscribcd belo... me
ThiSAday of :,J UJ\^'_V A.D. 2004
I-~g.~~
Lisa Ann Hernandez ;--
\\\'U" T :ftn A--H andez
..~~~~ p,P';". J.JUlC.L.t\U.U, em
~W'" ;s.CnmmI...'OO 000617
~ . . = IxpIrBa F. 11., 100S
~ !1: Baaded !\rile
9L~ AtIa1dIe BaIIdiI&: 00., _ ,
900 West 49th Street, Suite 500, Hialeah, Florida 33012
)KNIGHTRIDOER) , - ',-,'>",
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL
PLANNING AGENCY AND NOTICE OF
APPLICATIONS FOR AMENDMENT TO
OFFICIAL ZONING MAP
Public Notice is hereby given that the City of Aventura Local Planning
Agency will meet in a public hearing on Tuesday, May 4,2004 at 6:00
p.m. to make a recommendation regarding the adoption of the
following Ordinances:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE OFFICIAL
ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FOR ONE (1) PARCEL LOCATED AT 3205
NE 188 STREET FROM RMF3B, MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICT TO CF, COMMUNITY FACILITY
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
Nf.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE OFFICIAL
ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FOR ONE (1) PARCEL LOCATED AT THE
NORTHEAST CORNER OF NORTH COUNTRY CLUB DRIVE AND
NE 34 AVENUE FROM CF, COMMUNITY FACIUTY DISTRICT TO
RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT;
PROVIDING INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
J
NE 20TIHST
rill
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Immediately following the Local Planning Agency meeting, the City
Commission of the City of Aventura, as the governing body, will
consider at a public hearing adoption of the Ordinances.
The Public Hearing will be held at City of Aventura Government Center,
19200 West Country Club Drive, Aventura, Florida, 33180. The
proposed Ordinances may be inspected by the public at the Office of
the City Clerk, 19200 West Country Club, Aventura Florida. Interested
parties may appear at the Public Hearing and be heard with respect to
the proposed Ordinances.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, (305) 466-8901, not later than two business
days prior to such proceedings.
If a person decides to appeal any decision made by the City
Commission with respect to any matter considered at a meeting or
hearing, that person will need a record of the proceedings and, for such
purpose, may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which
the appeal is to be based.
Teresa M. Soroka, CMC, City Clerk
1.-: