10-01-2013City Commission The City o Eric M. Sorok
Susan Gottlieb, Mayor Eric M. Soroka, ICMA -CM
A,�Teii f ur � CityCity a M. Enbar Cohen Teresa M. Soroka, MMC
Teri Holzberg
Billy Joel QEAttome�
Michael Stern Weiss Serota Helfrnan
Howard Weinberg Pastoriza Cole & Boniske
Luz Urbaez Weinberg
OCTOBER1,1KHM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions /Emergency Additions
4. SPECIAL PRESENTATIONS: Employee Service Awards
5. CONSENT AGENDA: Matters included under the Consent Agenda are self - explanatory and are not expected
to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the
Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on
a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to
speak prior to the approval of the consent agenda.
A. APPROVAL OF MINUTES:
September 3, 2013 Commission Meeting
September 9, 2013 Commission Meeting — 1St Budget Hearing
September 18, 2013 Commission Meeting — 2nd Budget Hearing
September 19, 2013 Workshop Meeting
B. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$54,500 FOR CONSTRUCTION OF RADIO SYSTEM ROOM,
CRIME PREVENTION PROGRAMS, EQUIPMENT AND CRIME
PREVENTION SCHOLARSHIP FROM THE POLICE
FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
OCTOBER 1, 2013
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT
OF MEMBERS TO THE CITY OF AVENTURA ARTS AND
CULTURAL CENTER ADVISORY BOARD FOR A TWO -YEAR
TERM; AND PROVIDING AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, COMMEMORATING THE 50TH
ANNIVERSARY OF THE VIETNAM WAR; EXPRESSING
SUPPORT FOR THE NOVEMBER 8, 2013 PARADE
SPONSORED BY THE MIAMI -DADE COUNTY MILITARY
AFFAIRS BOARD WELCOMING HOME AND REMEMBERING
VIETNAM VETERANS; AND PROVIDING AN EFFECTIVE
DATE.
6. ZONING HEARINGS: QUASI - JUDICIAL PUBLIC HEARINGS — Please be
advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment
upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak
on each item will be made available after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives
testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be swom, your testimony will
be given its due weight. The general public will not be permitted to cross - examine witnesses, but the public may request the
Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence
of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the
Clerk
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL OF A
VARIANCE FROM SECTION 31- 171(b) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW ELEVEN (11)
PARKING SPACES, WHERE A MINIMUM OF EIGHTEEN (18)
PARKING SPACES ARE REQUIRED BY CODE; AND
VARIANCE FROM SECTION 31- 221(i)(2) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A TWO
(2) FOOT WIDE PERIMETER BUFFER STRIP ALONG THE
WEST LIMIT OF THE VEHICULAR USE AREA, WHERE A
MINIMUM SEVEN (7) FOOT WIDE PERIMETER BUFFER
STRIP IS REQUIRED BY CODE; AND VARIANCE FROM
SECTION 31- 221(i)(2) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A ZERO (0) FOOT WIDE
PERIMETER BUFFER STRIP ALONG THE NORTH LIMIT OF
THE VEHICULAR USE AREA, WHERE A MINIMUM SEVEN
(7) FOOT WIDE PERIMETER BUFFER STRIP IS REQUIRED
BY CODE; AND RELEASE OF PREVIOUSLY APPROVED
RESOLUTIONS NOS. 98-50 AND 2000 -25; ALL FOR A
PROPOSED 4400 SQUARE FOOT, ONE -STORY RETAIL
BUILDING AT 17800 BISCAYNE BOULEVARD, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
2
OCTOBER 1, 2013
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL OF A
VARIANCE FROM SECTION 31- 171(b) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW FORTY -SIX (46)
PARKING SPACES, WHERE A MINIMUM OF EIGHTY -SEVEN
(87) PARKING SPACES ARE REQUIRED BY CODE; AND
MODIFICATION TO CITY OF AVENTURA RESOLUTION NO.
2011 -47 TO EXTEND THE TIME FOR USE OF THE
TEMPORARY STRUCTURE ON SITE TO DECEMBER 26, 2014
AND TO MODIFY CONDITION NO. 8 OF SECTION 2. OF THE
RESOLUTION; AND MODIFICATION TO THE
"DECLARATION OF RESTRICTIONS REGARDING
TEMPORARY STRUCTURE" TO EXTEND THE TIME TO USE
OF THE TEMPORARY STRUCTURE TO DECEMBER 26,2014;
ALL FOR PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF NE 185 STREET AND NE 28 COURT, MUNICIPAL
ADDRESS 18449 BISCAYNE BOULEVARD, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
7. ORDINANCES: FIRST READING— PUBLIC INPUT: None.
8. ORDINANCES — SECOND READING — PUBLIC HEARING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING SECTION 31 -145 "TOWN CENTER ZONING
DISTRICTS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS BY ADDING "TOWN CENTER NEIGHBORHOOD
(TC3) DISTRICT" TO THE SECTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
3
COMMISSION MEETING
COMMISSION WORKSHOP
FUTURE MEETINGS
NOVEMBER 5, 2013 6 PM
NOVEMBER 14, 2013 9 AM
OCTOBER 1, 2013
COMMISSION CHAMBER
EXEC. CONFERENCE RM
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305466 -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 and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission
with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W.
Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at
305466 -8901.
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 3, 2013 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 by Mayor Susan
Gottlieb at 6 p.m. Present were Commissioners Enbar Cohen, Billy Joel, Howard
Weinberg, Luz Weinberg, Vice Mayor Michael Stern, Mayor Susan Gottlieb, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin.
Commissioner Teri Holzberg was absent due to illness. As a quorum was determined
to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Representatives of the Aventura Turnberry
Jewish Center.
3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Mr. Soroka presented Certificates of Appreciation to
the following employees for 15 years of service: Antonio Tomei, Elricco Barnes (not in
attendance), Glenn Kitchen (not in attendance), and Thomas Labombarda.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Luz Weinberg, passed unanimously by
roll call vote and the following action was taken:
A. The following minutes were approved:
July 9, 2013 Commission Meeting
July 17, 2013 Commission Meeting
July 17, 2013 Workshop Meeting
B. Resolution No. 2013 -36 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN TURNBERRY VILLAGE AND THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2013 -37 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
D. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $40,000
FOR BALLISTIC VESTS AND SHIELDS FROM THE POLICE
FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
E. The following motion was approved:
MOTION TO RATIFY THE CITY MANAGER'S APPOINTMENT OF
HONORABLE JUDGE SHELDON SCHWARTZ, (RET.) AS SPECIAL MASTER
FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS
F. Resolution No. 2013 -38 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 96 -18, WHICH
ESTABLISHED COMPREHENSIVE COMMISSION MEETING AND
AGENDA PROCEDURES, AS AMENDED BY RESOLUTION NO. 2000-
36, RESOLUTION NO. 2001 -26, AND RESOLUTION NO. 2005 -15;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
G. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE
SCHOOL, approved the following motion:
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2013 AND TO
ACCEPT FOR FILING THAT LETTER DATED AUGUST 19, 2013
ATTACHED AS ATTACHMENT 1
H. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL,
approved the following motion:
2
MOTION TO ACCEPT AVENTURA CITY OF EXCELLENCE SCHOOL
OUT -OF -FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER'S
MEMORANDUM DATED AUGUST 13, 2013
I. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL,
approved the following motion:
MOTION TO APPROVE DISTRIBUTION PLAN FOR STATE BUDGET
ALLOCATED SALARY INCREASES FOR ACES INSTRUCTIONAL
STAFF AS CONTAINED IN THE CITY MANAGER'S MEMORANDUM
DATED AUGUST 14, 2013
J. Resolution No. 2013 -39 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED AGREEMENT BY AND BETWEEN THE CITY OF
AVENTURA AND CORONADO CONDOMINIUM ASSOCIATION, INC.
FOR THE INSTALLATION OF POLICE RADIO FACILITIES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
K. Resolution No. 2013 -40 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO TAKE
ACTION TO CONVERT NE 29TH PLACE TO A PUBLIC STREET AND
PREPARE THE NECESSARY PLANS TO IMPLEMENT SAFETY,
LIGHTING AND LANDSCAPE IMPROVEMENTS; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
L. Resolution No. 2013 -41 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE ATTACHED WORK AUTHORIZATION NO. 01- 0103 -171 FOR
PROFESSIONAL DESIGN SERVICES FOR THE COUNTRY CLUB
DRIVES (SOUTHBOUND) RESURFACING IMPROVEMENTS PROJECT
3
BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN
THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN
EFFECTIVE DATE.
M. Resolution No. 2013 -42 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE ATTACHED WORK AUTHORIZATION NO. 01- 0103 -172 FOR
PROFESSIONAL DESIGN SERVICES FOR NE 29th PLACE SAFETY
IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF
AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.;
AND PROVIDING AN EFFECTIVE DATE.
6. ZONING HEARINGS: QUASI - JUDICIAL PUBLIC HEARINGS — Please be advised that the
following items on the Commission's agenda are quasi - judicial in nature. If you wish to object or comment upon any of these
items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be
made available after the applicant and staff have made their presentations on each item. All testimony, including public
testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject
to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will be given its due weight. The
general public will not be permitted to cross - examine witnesses, but the public may request the Commission to ask questions
of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for
the organization. Further details of the quasi - judicial procedures may be obtained from the Clerk.
None.
7. ORDINANCES: FIRST READING — PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA AMENDING
PROVISIONS OF THE POLICE OFFICERS' RETIREMENT PLAN;
PROVIDING FOR COMPLIANCE WITH THE INTERNAL REVENUE
CODE; PROVIDING FOR AN AMENDMENT TO THE DEFINITION OF
"ACTUARIAL EQUIVALENT "; PROVIDING FOR A REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Enbar Cohen and
seconded by Commissioner Howard Weinberg. Mayor Gottlieb opened
the public hearing. There being no speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
DIVISION 5 "ARTS AND CULTURAL CENTER ADVISORY BOARD" OF
ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2
4
"ADMINISTRATION" OF THE CITY CODE, BY AMENDING SECTION
2 -194 "RULES OF PROCEDURE; QUORUM "; BY REVISING THE
NUMBER OF MEMBERS REQUIRED FOR A QUORUM AND FOR
OFFICIAL ACTION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE
A motion for approval was offered by Vice Mayor Stern and seconded by
Commissioner Joel. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote.
8. ORDINANCES: SECOND READING /PUBLIC HEARING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31 -145 "TOWN CENTER ZONING DISTRICTS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS BY ADDING "TOWN CENTER
NEIGHBORHOOD (TC3) DISTRICT" TO THE SECTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Luz Weinberg and seconded
by Commissioner Enbar Cohen. Mayor Gottlieb opened the public hearing. The
following individual(s) addressed the Commission: Marcy Resnick and Bill Landa,
representing the Aventura Turnberry Jewish Center; Mickey Marrero, Esq., and
Victor Vallescas, representing the applicant. There being no further speakers,
the public hearing was closed. A motion to defer this matter to the October 1,
2013 meeting was offered by Commissioner Joel, seconded by Vice Mayor Stern
and unanimously passed.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Trevor Raness, representative of Dr. Michael Krop Senior
High School; Peter Murphy, Aventura Marina; Ron Kettles, 7000 Island Blvd.; Steven
Bachenheimer, the Peninsula; Arthur Shankar, 4000 Bldg.; Dr. Joseph Zavin, 6000
Bldg.; Paul Ober, 7000 Island Blvd.
12.OTHER BUSINESS: None.
13.ADJOURNMENT: There being no further business to come before the Commission
5
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 7:45 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
A
MINUTES Aventura Government Center
hk� CITY COMMISSION MEETING 19200 W. Country Club Drive
SEPTEMBER 9, 2013 6 P.M. Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6 p.m. Present were Commissioners Teri Holzberg, Billy Joel, Howard
Weinberg, Luz Weinberg, Vice Mayor Michael Stern, Mayor Susan Gottlieb, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin.
Commissioner Enbar Cohen was absent. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Finance Director Brian Raducci.
3. PUBLIC HEARINGS: ORDINANCES: FIRST READING - 2013/2014 BUDGET
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS
PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY
VALUE, WHICH IS 7.24% ABOVE THE ROLLED BACK RATE
COMPUTED PURSUANT TO STATE LAW, FOR THE 2013 TAX YEAR;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Holzberg. Mayor Gottlieb opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET,
AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE
REVIEW MEETING HELD ON JULY 17, 2013, AS THE CITY OF
AVENTURA FINAL BUDGET FOR THE 2013/2014 FISCAL YEAR,
PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE
BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING
FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR
PROCEDURES REGARDING ENCUMBRANCES AND THE RE-
APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS;
ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL
RESERVE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Stern and seconded by
Commissioner Luz Weinberg. Mayor Gottlieb opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote.
4. Mayor Gottlieb read the following motion:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL
MOTION TO APPROVE THE AVENTURA CITY OF EXCELLENCE ( "ACES)
SCHOOL IMPROVEMENT PLAN FOR 2013/2014
A motion for approval was offered by Commissioner Howard Weinberg and
seconded by Commissioner Joel. Principal Julie Alm reviewed a powerpoint
presentation outlining this improvement plan. The motion for approval passed
unanimously.
Mayor Gottlieb announced the second reading of the budget ordinances as
September 18, 2013 at 6 p.m.
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 at 6:25 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
PAI
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 18, 2013 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 by Mayor Susan
Gottlieb at 6 p.m. Present were Commissioners Enbar Cohen, Billy Joel, Howard
Weinberg, Luz Weinberg, Vice Mayor Michael Stern, Mayor Susan Gottlieb, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney Matthew J.
Pearl. Commissioner Teri Holzberg was absent. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Sandra Kaplan.
3. PUBLIC HEARINGS: ORDINANCES: SECOND READING - 2013/2014 BUDGET
A. Mr. Pearl read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS
PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY
VALUE, WHICH IS 7.24% ABOVE THE ROLLED BACK RATE
COMPUTED PURSUANT TO STATE LAW, FOR THE 2013 TAX YEAR;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Vice Mayor Stern. Mayor Gottlieb opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote and Ordinance No. 2013 -08 was
enacted. Mr. Soroka announced that for the 18th year in a row, there was
no tax increase by the City.
B. Mr. Pearl read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET,
AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE
REVIEW MEETING HELD ON JULY 17, 2013, AS THE CITY OF
AVENTURA FINAL BUDGET FOR THE 2013/2014 FISCAL YEAR,
PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE
BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING
FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR
PROCEDURES REGARDING ENCUMBRANCES AND THE RE-
APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS;
ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL
RESERVE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Howard Weinberg
and seconded by Commissioner Enbar Cohen. Mayor Gottlieb opened
the public hearing. There being no speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote and
Ordinance No. 2013 -09 was enacted.
C. Mr. Pearl read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA AMENDING
PROVISIONS OF THE POLICE OFFICERS' RETIREMENT PLAN;
PROVIDING FOR COMPLIANCE WITH THE INTERNAL REVENUE
CODE; PROVIDING FOR AN AMENDMENT TO THE DEFINITION OF
"ACTUARIAL EQUIVALENT "; PROVIDING FOR A REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Luz Weinberg and
seconded by Commissioner Joel. Mayor Gottlieb opened the public
hearing. Kathy Lepri, 1118 N. 46 Terrace, Hollywood, FL, addressed the
Commission. There being no further speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote and
Ordinance No. 2013 -10 was enacted.
D. Mr. Pearl read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
DIVISION 5 "ARTS AND CULTURAL CENTER ADVISORY BOARD" OF
ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2
"ADMINISTRATION" OF THE CITY CODE, BY AMENDING SECTION
2 -194 "RULES OF PROCEDURE; QUORUM "; BY REVISING THE
NUMBER OF MEMBERS REQUIRED FOR A QUORUM AND FOR
OFFICIAL ACTION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Stern and seconded by
Commissioner Luz Weinberg. Mayor Gottlieb opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
2
approval passed unanimously by roll call vote and Ordinance No. 2013-
11 was enacted.
4. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 6:15 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
3
MINUTES
CITY COMMISSION
WORKSHOP MEETING
September 19, 2013 9am
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order at 9 a.m. by Mayor
Susan Gottlieb. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel,
Howard Weinberg, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb,
City Manager Eric M. Soroka, City Clerk M. Teresa Soroka and City Attorney David M.
Wolpin. As a quorum was determined to be present, the meeting commenced.
1. ARTS & CULTURAL ADVISORY BOARD: (City Manager) Mr. Soroka updated
the Commission on the status of the membership /participation on this Board and
recommended that the six current members outlined in his memo of September
11, 2013, be reappointed as they have expressed a desire to continue service on
this Board, and advertise in the October newsletter for interested residents to
apply to be selected to fill the vacant position.
CITY MANAGER SUMMARY: Consensus to proceed with City Manager's
recommendation. Resolution reappointing six members to be addressed at
October meeting.
2. KROP HIGH SCHOOL SCHOLARSHIP PROGRAM: (Commissioner Cohen)
Commissioner Cohen discussed the possibility of opening up this scholarship
award to students who attend other public and private high schools in the area.
Mayor Gottlieb made clarification as to why this scholarship is limited to students
attending Krop Senior High School only.
CITY MANAGER SUMMARY: No changes made.
3. REQUEST FOR RESOLUTION SUPPORTING THE COUNTY'S PARADE
MARKING THE 50 ANNIVERSARY OF THE VIETNAM WAR: (Mayor
Gottlieb ) Mayor Gottlieb discussed this request received from the County.
CITY MANAGER SUMMARY: Consensus to proceed and place on October
meeting agenda.
4. FOUNDERS DAY UPDATE: (City Manager) Mr. Soroka updated the
Commission on the events for Founders Day, including the use of Instagram for
the first time.
CITY MANAGER SUMMARY: No action necessary
5. ADJOURNMENT:
There being no further business to come before the
Commission at this time, the meeting adjourned at 9:25 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City g r
DATE: September 6, 2013
SUBJECT: Disbursement of Police Forfeiture Funds
October 1, 2013 City Commission Meeting Agenda Item _f-j
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend funds
from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $54,500 for construction of radio
system room, crime prevention programs, equipment and crime prevention
scholarship from the Police Forfeiture Funds in accordance with the City
Manager's memorandum."
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1816 -13
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORA04DUM
TO: Eric M. Soroka,
FROM: -- SFeven Steinberg, Cti of of
DATE: 26 August 2013
SUBJECT: Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
Crime Prevention $7,000
Construction for new radio room $40,000
Crime Prevention Scholarship $7,500
Total Expenditure Request: $54,500
I certify that this requested expenditure complies with Florida State Statute
932.704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
Summary
Crime Prevention - This is a request to spend up to $7,000 of forfeiture funds to
fund our departmental Crime Prevention unit. Funds will be used for crime
prevention programs, equipment and training for the upcoming FY 2013 -2014.
All expenses for FY 2013 — 2014 for the Crime Prevention unit will come out of
these approved funds in lieu of the Operating budget or CIP budget.
Construction for new radio room — Requesting to spend up to $40,000 for the
addition of a stair system and man door as required by code to access the new
radio room which is located within the elevator room of a condo. Code requires
that the rooms be separated and have a separate entrance; adding the stairs
and man door will fulfill this requirement.
Crime Prevention Scholarship: A donation in the amount of $7,500 to the
Florida International University - First Generation Scholarship Fund specifically
for Aventura residents. This combined with matching funds from the state will
provide scholarships to FIU students who are Aventura residents and will be the
first generation in a family to attain a college degree. This program will serve to
enhance crime prevention by facilitating educational and employment
opportunities that would otherwise not exist, by providing tuition assistance to
students with limited financial means who come from families with no prior
benefit of higher education.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, j(4t,9'IVlan *er
DATE: September 10, 2013
SUBJECT: Resolution Declaring Equipmeni'Surplus
October 1, 2013 Commission Meeting Agenda Item 160,
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the City.
BACKGROUND
Section 2 -258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000 -09 provides that all City -owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade -in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2013 -
Page 2
PASSED AND ADOPTED this 1 st day of October, 2013.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
TO: Eric M.
CITY OF AVENTURA
POLICE OEPARTMENT
INTER OFFICE MEMORANDUM
berg, Ch *f of
DATE: 10 September 2013
SUBJECT: Surplus Property
I would like to have the attached listed items, owned by the City of Aventura,
declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection
5, Page 1, as these items have become inadequate for public purposes:
2006
3GNGC26G46G226401
Chevy Suburban
2007
12FAFP71W07X136843
Ford Crown Victoria
CITY OF AVENTURA
INFORMATION TECHNOLOGY DEPARTMENT
L
TO: Eric M. Soroka, City
FROM: Karen J. Lanke, Inf*fnaktion Technology Director
DATE: September 18, 2013
SUBJECT: Surplus Computer Equipment
I am requesting that the computer equipment listed on the attached spreadsheet be
declared surplus property as the equipment no longer meets the needs of the City.
Please let me know if you have any questions regarding this request.
Attachment
City of Aventura
Computer Equipment Inventory
Exhibit A
Asset
Tag
Brand
Model
Qty
Serial Number
Type
3Com
Hub
1
7YAF000982
Hub
APC
Back -UPS 500
1
NBC043322398
UPS
APC
Back -UPS 800
1
5B073BU23307
UPS
APC
Back -UPS 800
1
3B0928X28432
UPS
APC
Back -UPS 800
1
5B0731U17722
UPS
Ava a
9650C
1
09N548208341
Phone
Dell
1707FPt
1
CN- OCC280- 71618 - 682 -BSL8
Monitor
Dell
1707FPt
1
CN- OCC280- 71618- 672 -BE2Z
Monitor
Dell
All -In -One Stands
11
All -In -One Stands
2799
Dell
GX620
1
F3X5WB1
Desktop
2602
Dell
GX620
1
6CCS591
Desktop
Dell
GX620
1
5 WH KW B 1
Desktop
Dell
Latitude E6410
1
4WP4SM1
Laptop
Dell
Latitude E6410
1
9XP4SM1
Laptop
Dell
Latitude E6410
1
47R4SM1
Laptop
Dell
Latitude E6410
1
6ZP4SM1
Laptop
Dell
Latitude ED630
1
6HZ82D1
Laptop
Dell
Optiplex 745
1
HHF8QB1
Deskto
Dell
Optiplex 745
1
J80KRDI
Desktop
Dell
Optiplex 745
1
D9QKRD1
Desktop
Dell
Optiplex 745
1
C9QKRD1
Desktop
Dell
Optiplex 745
1
99QKRD1
Desktop
Dell
Optiplex 745
1
BVF8QB1
Desktop
Dell
Optiplex 745
1
6DF8Q31
Desktop
Dell
Optiplex 745
1
B9QKRD1
Desktop
Dell
Optiplex 745
1
39QKRD1
Desktop
Dell
Optiplex 745
1
GVF8DB1
Desktop
Dell
Optiplex 745
1
GBQKRDI
Desktop
Dell
Optiplex 745
1
JDF8QB1
Desktop
Dell
Optiplex 745
1
7HF8QB1
Desktop
Dell
Optiplex 745
1
F9QKRD1
Desktop
Dell
Optiplex 745
1
59QKRD1
Desktop
Dell
Optiplex 745
1
1 4WF8QB1
Desktop
Dell
Optiplex 745
1
79QKRD1
Desktop
Dell
Optiplex 745
1
2VF8QB1
Desktop
Dell
Optiplex 745
1
7VF8QB1
Desktop
Dell
Optiplex 755
1
1T4PYH1
Desktop
Dell
Optiplex 755
1
4NNQGH1
Desktop
Dell
Optiplex 760
1
GTH5WK1
Desktop
Dell
Powered e
1
91KLWB1
Server
HP
Laser'et 1320
1
CNL1 K02356
Printer
HP
Office et 6000
1
MY97H2JOGG
Printer
IBM
AS400
1
10 -D227F
Midrange System
Motorola
V860
1
J686NS6VF3
Cell Phone
Motorola
V860
1
J686NU245M
Cell Phone
Zebra
RW420
1
XXRCJ104301088
Printer
Zebra
RW420
1
XXRCJ104300717
Printer
Miscellaneous
Computer Peripherals
2 Boxes
n/a
Keyboards, Mice, Power Adapters, etc.
Drafting Table
1
Drafting Table
Heater
1
Portable Heater
Page 1 of 1 9/18/2013
CITY OF AVENTURA
INFORMATION TECHNOLOGY DEPARTMENT
TO: Eric M. Soroka, City Ionagkr
FROM: Karen J. Lanke, Infi5rkation�Technology Director
DATE: September 18, 2013
SUBJECT: Surplus Computer Equipment - ACES
I am requesting that the computer equipment listed on the attached list be declared
surplus property as the equipment no longer meets the needs of the Aventura City of
Excellence School
The list includes:
Qty Equipment
2 PA Systems
11 Boxes of miscellaneous computing equipment
1 UPS
49 Monitors
34 Computers
3 Projectors
1 Portable touch screen
Please let me know if you have any questions regarding this request.
Attachment
cc: Julie Alm, Principal
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CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City ag r
DATE: September 24, 2013
SUBJECT: Arts & Cultural Center Advisory Board
October 1, 2013 City Commission Meeting Agenda Item
Based on the direction of the City Commission at the September Workshop Meeting, it
is recommended that the City Commission reappoint the following members to the Arts
& Cultural Center Advisory Board with the understanding that if a member is not
excused by the Board and fails to attend a meeting they will be removed:
Gloria Muroff
Lenore Toby- Simmons
Dr. Jules Oaklander
Gladys Mezrahi
Amit Bloom
Amy Pinzar
In addition, we will be advertising in our October Newsletter for interested residents that
want to be appointed to the Board. Based on this process, the remaining vacancy will
be filled and alternate members will be created that can be appointed in the event a
vacancy occurs.
If you have any questions, please feel free to contact me.
EMS /act
CCO1817 -13
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA ARTS AND CULTURAL CENTER ADVISORY
BOARD FOR A TWO -YEAR TERM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 2008 -17 enacted on November 6, 2008 provides for
the creation of the Arts and Cultural Center Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Arts and Cultural Center Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Arts and Cultural Center
Advisory Board for a term of two years:
Amit Bloom
Gladys Mezrahi
Gloria Muroff
Dr. Jules Oaklander
Amy Pinzar
Lenore Toby- Simmons
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2013 -
Page 2
PASSED AND ADOPTED this 1St day of October, 2013.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, COMMEMORATING THE 501H ANNIVERSARY
OF THE VIETNAM WAR; EXPRESSING SUPPORT FOR THE
NOVEMBER 8, 2013 PARADE SPONSORED BY THE MIAMI -DADE
COUNTY MILITARY AFFAIRS BOARD WELCOMING HOME AND
REMEMBERING VIETNAM VETERANS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on Memorial Day 2012, the Federal government initiated a
partnership with local governments, private organizations and communities across
America to participate in the commemoration of the 50th anniversary of the Vietnam
War; and
WHEREAS, this commemoration is to honor and thank the generation of proud
Americans who served our country during one of the most challenging missions ever
faced by our nation; and
WHEREAS, the Miami -Dade County Military Affairs Board is sponsoring a
parade on November 8, 2013 commemorating the 50th anniversary of the Vietnam War
and welcoming home and remembering our Vietnam veterans.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby joins the Miami -Dade County Military
Affairs Board in the commemoration of the 50th anniversary of the Vietnam War and
urges all citizens to participate in the November 8, 2013 parade honoring the more than
three million servicemen and women who bravely served, the 58,000 patriots who
sacrificed their lives, and those who were wounded and still carry the scars of this war.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2013 -
Page 2
PASSED AND ADOPTED this 1St day of October, 2013.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC -C
City Manager
BY: Joanne Carr, AICP
Community Developm Director
DATE: September 18, 2013
SUBJECT: Request of Mazal 18 Development, LLC, for (1) Variance from Section 31-
171(b) of the City's Land Development Regulations to allow eleven (11)
parking spaces where a minimum of eighteen (18) parking spaces are
required by Code; and (2) Variance from Section 31- 221(i)(2) of the City's
Land Development Regulations to allow a two (2) foot wide perimeter
buffer strip along the west limit of the vehicular use area, where a
minimum seven (7) foot wide perimeter buffer strip is required by Code;
and (3) Variance from Sec. 31- 221(1)(2) to allow a 0 foot wide perimeter
buffer strip along the north side of the vehicular use area, where a
minimum 7 foot wide perimeter buffer strip is required by Code; and (4)
Release of previously approved City of Aventura Resolutions Nos. 98 -50
and 2000 -25; all for a proposed 4400 square foot, one -story retail building
at 17800 Biscayne Boulevard, City of Aventura (01- VAR -13)
October 1, 2013 City Commission Meeting Agenda Item 4o -,4
RECOMMENDATION
It is recommended that the City Commission take the following actions:
Approve the request for variance to allow eleven (11) parking spaces, where a
minimum of eighteen (18) parking spaces are required by Code; and
2. Approve the request for variance to allow a two (2) foot wide perimeter buffer strip
along the west limit of the vehicular use area, where a minimum seven (7) foot wide
perimeter buffer strip is required by Code; and
3. Approve the request for variance to allow a zero (0) foot wide perimeter buffer strip
along the north limit of the vehicular use area, where a minimum seven (7) foot wide
perimeter buffer strip is required by Code; and
4. Approve the release of Resolutions Nos. 98 -50 and 2000 -25,
subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
"Aventura Retail' Cover Sheet, Sheet A0.0, prepared by SKLARcitechture, dated
07/08/13, signed and sealed 8/20/13.
"Aventura Retail" Existing /Demo Site Plan, Sheet A1.1, prepared by
SKLARcitechture, dated 05/13/13, signed and sealed.
"Aventura Retail' Site Plan, Sheet A1.2, prepared by SKLARcitechture, dated
07/08/13, signed and sealed 8/20/13.
• "Aventura Retail' Proposed Floor Plan, Sheet A2.1, prepared by SKLARcitechture,
dated 05/13/13, signed and sealed.
• "Aventura Retail' Roof Plan, Sheet AM, prepared by SKLARcitechture, dated
05/13/13, signed and sealed.
• "Aventura Retail" Elevations, Sheet A5.1, prepared by SKLARcitechture, dated
05/13/13, signed and sealed.
"Aventura Retail" Elevations, Sheet A5.2, prepared by SKLARcitechture, dated
05/13/13, signed and sealed.
• "Aventura Retail" Sections, Sheet A6.1, prepared by SKLARcitechture, dated
05/13/13, signed and sealed.
"Aventura Retail" Elevations, Sheet PH1, prepared by SKLARcitechture, dated
05/13/13, signed and sealed.
"17800 Biscayne Blvd." Tree Disposition, Sheet L -1, prepared by Lushlife Exterior
Decorators, dated 12/5/12, signed and sealed 8/19/13.
o "17800 Biscayne Blvd." Landscape Plan, Sheet L -2, prepared by Lushlife Exterior
Decorators, dated 12/5/12, signed and sealed 8/19/13.
"17800 Biscayne Blvd." Landscape Details, Sheet L -3, prepared by Lushlife Exterior
Decorators, dated 12/5/12, signed and sealed 8/19/13.
"Aventura Retail' Paving, Grading and Drainage Plan, Sheet C100, prepared by
Ocean Engineering, Inc., dated 11/28/12, signed and sealed 7/8/13.
o "Aventura Retail" Paving, Grading and Drainage Plan, Sheet C200, prepared by
Ocean Engineering, Inc., dated 11/28/12, signed and sealed 7/8/13.
• "Aventura Retail" Drainage Details, Sheet C400, prepared by Ocean Engineering,
Inc., dated 11/28/12, signed and sealed 7/8/13.
• "17800 Biscayne Blvd." Sketch of Survey, Sheet 1 of 1, prepared by Cousins
Surveyors & Assoc., Inc., dated 11/12/12, signed and sealed.
6
2. Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
3. Prior to issuance of a building permit, the applicant shall provide to the City:
(i) A copy of this resolution as recorded in the Public Records of Miami -Dade County.
All expenses of such recordation shall be borne by the applicant, and
(ii) A copy of the Operation and Perpetual Easement Agreement regarding the four
parking spaces and dumpster enclosure on the adjacent parcel, as recorded in the
Public Records of Miami -Dade County. All expenses of such recordation shall be borne
by the applicant, and
(iii) All necessary permits from the Florida Department of Transportation, Miami Dade
Water and Sewer Department and any other agencies having jurisdiction for the
proposed development, and
(iv) A copy of the license agreement with the Florida East Coast Railway for the
proposed parking area and landscaped area to the west of the parcel; such license
agreement to be continued on an annual basis. The applicant shall provide a copy of
the annual renewal to the City.
THE REQUESTS
The applicant, Mazal 18 Development LLC, is requesting the following (See Exhibit #1
for Letter of Intent):
1. Variance from Section 31- 171(b) of the City's Land Development Regulations to
allow eleven (11) parking spaces where a minimum of eighteen (18) parking spaces
are required by Code; and
2. Variance from Section 31- 221(1)(2) of the City's Land Development Regulations to
allow a two (2) foot wide perimeter buffer strip along the west limit of the vehicular
use area, where a minimum seven (7) foot wide perimeter buffer strip is required by
Code; and
3. Variance from Sec. 31- 221(1)(2) to allow a 0 foot wide perimeter buffer strip along
the north side of the vehicular use area, where a minimum 7 foot wide perimeter
buffer strip is required by Code; and
4. Release of previously approved City of Aventura Resolutions Nos. 98 -50 and 2000-
25.
all for a proposed 4400 square foot, one -story retail building at 17800 Biscayne
Boulevard, City of Aventura
3
BACKGROUND
OWNER OF PROPERTY
APPLICANT
ADDRESS OF PROPERTY
SIZE OF PROPERTY
Mazal 18 Development LLC
Albert Benalloun
17800 Biscayne Boulevard
(See Exhibit #2 for Location Plan)
Approximately 0.312 acres
(13,598 square feet)
LEGAL DESCRIPTION Lots 11 and 12, less the east 33.75 feet
thereof, of Maule Federal Highway Industrial
Sites, according to the plat thereof as recorded
in Plat Book 46, Page 55 of the Public Records
of Miami -Dade County, Florida
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:
B2, Community Business District
B2, Community Business District
B2, Community Business District
RMF3A, Multifamily Medium
Residential District
U, Utilities District (FEC Railway)
Car Rental Facility
Commercial
Commercial
Residential Condominium
FEC Railway
Density
Future Land Use - According to the City of Aventura Comprehensive Plan, the
following properties are currently designated as follows:
Subject property: Business and Office
Property to the North: Business and Office
Property to the South: Business and Office
Property to the East: Medium High Density Residential
Property to the West: FEC Railway
The Site — The subject site is located on the west side of Biscayne Boulevard in the
southerly portion of the City, with municipal address 17800 Biscayne Boulevard.
History -- The current use is a Thrifty's Car Rental facility, which has been operating on
this site prior to adoption of the City's Land Development Regulations. The site now
4
contains a one -story, 800 square foot building, fourteen (14) parking spaces within the
parcel, one (1) parking space on the adjacent lot to the north and fourteen (14) parking
spaces on a paved, 25 foot wide portion of the FEC Railway land. A concrete wall
encloses the south and east limits of the site. A wall, fence and bollards, located on the
lot to the north, enclose the north limit. A fence and bollards on the FEC right of way
enclose the west limit.
A former owner made application to the City in 1998 for approval of the car rental use
under the provisions of Miami -Dade County Code in effect at that time. The use
request, along with two non -use variances and a sign variance were approved through
City of Aventura Resolution No. 98 -50, attached as Exhibit #3 to this report.
In 1999, the owner made a further application for unusual use approval to permit a
parking area for employees and storage of rental vehicles in the FEC Railway right of
way. This application was approved through Resolution No. 2000 -25, attached as
Exhibit #4 to this report.
The current owner is requesting release of these two resolutions granted under County
zoning, as they no longer apply to the present retail development proposal. A car rental
use is not a permitted use in this B2 zoned property according to the City's Land
Development Regulations.
The Project — The owner has made application to the City for administrative site plan
approval to demolish the existing car rental facility and to construct a 4,400 square foot,
one -story retail building in the south portion of the parcel, with parking area to the north
of the building. The proposed site plan is attached as Exhibit #5 to this report.
Eighteen (18) parking spaces are required by Code for a 4,400 square foot retail use.
Eleven (11) parking spaces are proposed within the parcel boundaries. Four (4)
tandem parking spaces are proposed within an area to the west licensed for this use by
FEC Railway. Another four (4) parking spaces are proposed on the parcel adjacent to
the north by way of a shared access drive. The dumpster enclosure for this site is also
located on the parcel adjacent to the north. The owner has entered into an Operation
and Perpetual Easement Agreement with the owner to the north to allow for use and
maintenance of the four parking spaces and dumpster enclosure. This agreement is
attached as Exhibit #6 to this report.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is consistent with the
City of Aventura Comprehensive Plan. The future land use designation of the parcel is
Business and Office. A retail building is a use contemplated by this future land use
category.
Citizen Comments — As of the date of writing of this report, no written comments from
citizens have been received.
11
Community Development Department Analysis — Following review of the site plan by
City staff, the applicant was advised that three (3) site development criteria of the City
Code have not been met, those being; the minimum number of on -site parking spaces
required, the minimum landscaped buffer at the perimeter of the west limit of the
parking area and the minimum landscaped buffer at the perimeter of the north limit of
the parking area. The applicant has requested approval of variances to these three
criteria.
Criteria - The standards of review for variance requests are found in Section 31-
76(e)(1) through (5) inclusive of the City's Land Development Regulations. The Code
states that "a variance shall be granted only where competent and substantial evidence
presented in the particular case shows that all of the following [standards of review] are
met..." Each variance request is evaluated below using those standards of review.
Request #1 • Variance from Section 31.171(b) of the City's Land Development
Regulations to allow eleven (11) parking spaces where a minimum of eighteen
(18) parking spaces are required by Code.
Although there are 11 spaces provided on site, the owner has entered into a license
agreement with FEC for construction and installation of four (4) tandem parking spaces
within its right of way immediately to the west of the site and has also entered into an
Operation and Perpetual Easement Agreement with the owner of the property to the
north to locate another four (4) parking spaces on that parcel. The total of the on -site
and off -site parking spaces is nineteen (19) or one (1) space more than required by the
City Code. As part of the Operational and Perpetual Easement Agreement, the two
owners have agreed to open access through their parking areas to each other's site.
This is a benefit to customers and a general benefit to all drivers in the City with a
reduced number of vehicles entering and exiting Biscayne Boulevard when visiting
these two adjacent sites.
The following is an analysis of Section 31 -76(e) of the City Code as it relates to this
request.
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The applicant advises that the hardship at this location is caused by particular physical
condition of this property. The original width of this lot was narrowed by the widening of
Biscayne Boulevard many years ago.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions upon which the request for variance is based are unique to the parcel
and would not be generally applicable to other property within the vicinity.
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The alleged difficulty or hardship is not economic and has not been deliberately created
to establish a use or structure which is not otherwise consistent with the LDR.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare or injurious to
other property or improvements in the vicinity. The deficient number of spaces will be
provided on adjacent parcels to the west and to the north.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The proposed variance will not substantially increase traffic congestion or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values.
Request #2• Variance from Section 31.221(i)(2) of the City's Land Development
Regulations to allow a two (2) foot wide perimeter buffer strip along the west side
of the parking area, where a minimum 7 foot wide landscaped buffer is required
by Code.
The reduced landscaped buffer strip occurs at the west limit of the property. The
applicant has obtained a license from the FEC Railway immediately adjacent to the west
limit to construct four (4) tandem parking spaces. These parking spaces will occupy
approximately 92 feet by 18 feet of the 200 foot by 25 foot area of the FEC right of way.
The balance of the FEC right of way will be landscaped by the applicant. While the two
foot wide buffer strip is the actual distance to the property line; visually, there will be a 5
foot wide landscaped strip between the site parking area and the off -site FEC parking
area and a 25 foot wide landscaped area on the balance of the FEC right of way.
The following is an analysis of Section 31 -76(e) of the City as it relates to this request.
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The applicant advises that the hardship at this location is caused by particular physical
condition of this property, that being, the narrow width of the lot created by the widening
of Biscayne Boulevard.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions upon which the request for variance is based are unique to the parcel
and would not be generally applicable to other property within the vicinity.
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The applicant's difficulty is not economic in nature and the difficulty was not deliberately
created by the applicant. The variance is requested because of the physical size and
shape of the property.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare or injurious to
other property or improvements in the vicinity.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The proposed variance will not substantially increase traffic congestion or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values.
Request #3: Variance from Section 31.221(i)(2) of the City's Land Development
Regulations to allow a zero (0) foot wide perimeter buffer strip along the north
side of the parkina area, where a minimum 7 foot wide landscaped buffer is
required by Code.
The reduced landscaped buffer strip occurs at the north limit of the property. The
applicant is proposing to locate four (4) parking spaces on the lot adjacent to the north
and has entered into an agreement to do so. As part of that agreement, the two owners
agree that shared access will be established and maintained between the two parking
lots for ease to customers and traffic. These four (4) parking spaces are immediately
adjacent to the north property line; therefore, there is no opportunity to provide a
landscaped buffer strip.
0
The following is an analysis of Section 31 -76(e) of the City as it relates to this request.
(6) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The applicant advises that the hardship at this location is caused by particular physical
surroundings of this property, that being, the desire to locate off -site parking
immediately adjacent to the site and shared access for the two properties.
(7) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions upon which the request for variance is based are unique to the parcel
and would not be generally applicable to other property within the vicinity.
(8) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The applicant's difficulty is not economic in nature and the difficulty was not deliberately
created by the applicant. The variance is requested because of the physical location
of the off -site parking and shared access.
(9) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare or injurious to
other property or improvements in the vicinity.
(10) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The proposed variance will not substantially increase traffic congestion or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values. The shared access drive between this property and the property to the north
will improve traffic flow between the properties.
9
MAZAL 18 DEVELOPMENT, LLC
777 W. 4151 Street, 2nd Floor
Miami Beach, Fl 33140
Tel: 305 - 673 -4999 Fax: 786 - 513 -6455
September 18, 2013
City of Aventura
Community Development
19200 West Country Club Drive
Aventura, FL 33180
Variance request Commission Meeting October 12013
REF: Aventura Retail —17800 Biscayne Blvd.
TO WHOM IT MAY CONCERN:
This Letter of Intent is to request variances for 11 parking spaces provided on site and 8 parking spaces
provided off site for the above mentioned project. We would also like to request a 2' buffer on the west
side of the parking lot, a 0' buffer on the north side of the parking lot and finally, the release of the
Resolutions Nos. 98 -50 and 2000 -25. All for the above mentioned project.
Thank you for your assistance in this matter.
Sincerely,
MAZAL 18 DEVEL PMENT, LLC
Albert Benalloun
777 41Street 2nd floor
Exhibit #1
Miami beach Florida 33140 01- VAR -13
RESOLUTION NO. 98-50
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING THE
RELEASE OF PREVIOUSLY APPROVED RESOLUTION
NO.4 -ZAB- 134 -79; APPROVING THE AUTOMOBILE AND
LIGHT TRUCK, NEW SALES AGENCY OR RENTAL USE
AS REQUIRED PURSUANT TO SECTION 33 -247 OF THE
MIAMI -DADE COUNTY CODE; APPROVING THE
REQUESTED NON -USE VARIANCE FROM CHAPTER 33
OF THE MIAMI -DADE COUNTY CODE REQUIRING A
DECORATIVE MASONRY WALL AT LEAST FIVE FEET IN
HEIGHT TO ENCLOSE THE VEHICLE STORAGE AREA
WHERE A PROVISION OF A PARTIAL MASONRY WALL
TO THE FRONT OF THE PROPERTY ONLY IS
PROPOSED; APPROVING THE REQUESTED NON -USE
VARIANCE FROM CHAPTER 33 OF THE MIAMI -DADE
COUNTY CODE REQUIRING A CONTINUOUS, DENSELY
PLANTED GREENBELT OF NOT LESS THAN FIFTEEN
FEET IN WIDTH WHERE A PROVISION OF A NINE (9)
FOOT WIDE INTERRUPTED GREENBELT IS PROPOSED;
APPROVING A VARIANCE FROM CITY ORDINANCE NO.
97 -17 ALLOWING TWO (2) SIGNS ON A MASONRY
WALL IN LIEU OF ONE (1) FREESTANDING MONUMENT
SIGN, ALL WITH CONDITIONS AS OUTLINED HEREIN
FOR PROPERTY LOCATED AT 17800 BISCAYNE
BOULEVARD; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU -2, Special Business
District; and
WHEREAS, the Applicant, Drew Wolf, through Application No. 03- MA -97, has
applied for the following:
1. Release of previously approved Resolution No. 4 -ZAB- 134 -79; and
2. Public hearing approval for automobile and light truck, new sales agency or rental
as required pursuant to Section 33 -247 of the Miami -Dade County code; and
Exhibit #3
01- VAR -13
Resolution No. 98 -50
Page 2
3. Variance from Chapter 33 of the Miami -Dade County Code requiring a decorative
masonry wall at least five (5) feet in height to enclose the vehicle storage area.
(Provision of a partial masonry wail to the front of the property only is proposed);
and
4. Variance from Chapter 33 of the Miami -Dade County Code requiring a continuous,
densely planted greenbelt of not less than fifteen (15) feet in width. (Provision of
nine (9) foot wide interrupted greenbelt is proposed); and
5. Variance from City Ordinance No. 97 -17 allowing two (2) signs on a masonry wall in
lieu of one (1) freestanding Monument Sign
on that certain property legally described as:
Lots 11 and 12, of "Maule Federal Highway Industrial Sites ", according to the Plat
thereof recorded in Plat Book 46 at Page 55 of the Public Records of Dade County,
Florida; less the east 33.75 feet thereof
aka
17800 Biscayne Boulevard in Aventura, Florida
WHEREAS, the Community Development Department recommends approval of
these requests subject to conditions; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
Resolution No. 98 -50
Page 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Release of previously approved Resolution No. 4 -ZAB- 134 -79 is
hereby granted.
Sec_ lion 2. Public hearing approval for automobile and light truck, new sales
agency or rental as required pursuant to Section 33 -247 of the Miami -Dade County
code is hereby granted.
Section 3. Variance from Chapter 33 of the Miami -Dade County Code requiring
a decorative masonry wall at least five (5) feet in height to enclose the vehicle storage
area where provision of a partial masonry wall to the front of the property only is
proposed is hereby granted.
Section 4. Variance from Chapter 33 of the Miami -Dade County Code requiring
a continuous, densely planted greenbelt of not less than fifteen (15) feet in width where
provision of a nine (9) foot wide interrupted greenbelt is proposed is hereby granted.
Section 5. Variance from City Ordinance No. 97 -17 allowing two (2) signs on a
masonry wall in lieu of one (1) freestanding Monument Sign is hereby granted, all
subject to each of the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
e Site Plan, Sheet SP -1, prepared by Arc -Tech Associates Incorporated, signed and
sealed dated 5115/98;
Resolution No. 98 -50
Page 4
• Elevations and Details, Sheet SP -2, prepared by Arc -Tech Associates Incorporated,
signed and sealed dated 5/15/98;
• Planting Plan, Sheet LA -1, prepared by Arc -Tech Associates Incorporated, revised
dated 5/14/98;
Landscape Specifications and Plant List, Sheet LA -2, prepared by Arc -Tech
Associates Incorporated, revised dated 5/14/98.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approvals granted shall be deemed null and void and the
applicant shall be required to reinstate the approval process unless the term is
extended by the City Commission prior to its expiration.
PROJECT SPECIFIC CONDITIONS
3. The existing billboard located on the west side of Biscayne Boulevard, south of the
subject property, shall be completely removed from the property prior to June 1,
1999. If said billboard is not removed within this time frame, the approvals and
variances granted shall be deemed null and void and the applicant shall be required
to reinstate the approval process unless the term is extended by the City
Commission prior to its expiration. A removal bond in a form approved by the City
Attorney is required in an amount equal to the cost of removal of the billboard.
Such bond is required to be posted by Applicant prior to issuance of a Certificate of
Occupancy for the property. Additionally, the Applicant shall provide a recordable
covenant (in a form approved by the City Attorney) binding itself and its successors
and assigns, (1) consenting to the denial or revocation of building permits or
Resolution No. 98 -50
Page 5
certificate of occupancy for the development of the property; (2) relinquishing any
claim against the City; and (3) covenanting not to sue the City, concerning such
denial, revocation or the removal of the billboard.
4. A recorded agreement to allow parking on the adjacent property shall be submitted
to the City prior to issuance of building permits. Such agreement shall be approved
by the City Attorney prior to recordation in the public records of Miami -Dade County,
all recording costs to be borne by the applicant.
5. The applicant shall relinquish all rights to any other signs permitted by Ordinance
97 -17.
6. The signage on the masonry wall shall be rounded at the top corners so as to be
more aesthetically pleasing.
7. The signage on the wall shall not exceed an overall height of eight (8) feet, nor shall
each of the two (2) signs, including framing, exceed a maximum size of 24 square
feet.
8. All outdoor paging or speaker systems are expressly prohibited.
9. No repair work of any type will be permitted on premises.
10. Rental of automobiles and sport utility vehicles only will be allowed. No trucks shall
be rented, no accessory or other sales of vehicles will be allowed.
11. Applicant is required to coordinate site requirements consistent with the proposed
City improvements in the FEC right -of -way. City staff will make every attempt to
recognize applicant's business needs while preparing improvement plans.
Resolution No. 98 -50
Page 6
Section 6. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 7. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Cohen, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put
to a vote, the vote was as follows:
Commissioner Arthur Berger
yes
Commissioner Jay R. Beskin
yes
Commissioner Harry Holzberg
yes
Commissioner Jeffrey M. Perlow
absent
Commissioner Patricia Rogers- Libert
absent
Vice Mayor Ken Cohen
yes
Mayor Arthur I. Snyder
yes
PASSED AND ADOPTED this 9t' day of June, 1998.
t
l
;hur 1. Snyd r, Ma r
ATTEST:
JA&�= q ia�UA--
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A RNEY
Resolution No. 98 -50
Page 7
This Resolution was filed in the Office of the City Clerk this 1L day of
WK
IM 'A MN
, 1998.
RESOLUTION NO. 2000 -25
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, GRANTING A REQUEST
FOR UNUSUAL USE APPROVAL TO PERMIT A PARKING
AREA FOR EMPLOYEES AND THE STORAGE OF
RENTAL VEHICLES IN A ZONE MORE RESTRICTIVE
THAN THAT IN WHICH THE USE IT SERVES IS
LOCATED FOR THAT PROPERTY LOCATED AT 17800
BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Applicant, Drew Wolf, through Application No. 03- UU -99,
requests Unusual Use approval pursuant to Miami -Dade County Code to permit a
parking area for employees and the storage of rental vehicles in a zone more restrictive
than that in which the use it serves is located, The applicant proposes to locate a 25-
foot by 225 -foot parking lot within the right -of -way of the Florida East Coast Railroad
south of the existing business located at 17800 Biscayne Boulevard, in Aventura,
Florida; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law, and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances to the extent the application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Exhibit #4
01 -VAR -13
Resolution No. 2000 -25
Page 2
Section 1. Application No. 03 -UU -99 for Unusual Use approval pursuant to
Miami -Dade County Code to permit a parking area for employees and the storage of
rental vehicles in a zone more restrictive than that in which the use it serves is located,
for that property located at 17800 Biscayne Boulevard, and more legally described as:
A portion of the East % of Section 9, Township 52 South, Range 42
East, Miami -Dade County, Florida, more particularly described as
follows:
A tract of land 25.00 feet in width within the Florida East Coast
Railroad right -of -way lying westerly of, and adjacent to, Lots 13
and 14 and the north 25' of Lot 15 of MAULS FEDERAL HIGHWAY
INDUSTRIAL SITES as recorded in Plat Book 46 at Page 55 of the
Public Records of Miami -Dade County.
is hereby granted subject to the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
• "Sketch and Description," prepared by Manuel G. Vera and Associates. One page,
unpaginated, dated 02/02/00.
"Existing InterAmerican Car Leasing Site and F.E.C. Leased Land Parcels "C" and
"D" Plus Adjacent Parcel "E" Proposed Use — Variance," prepared by Arc -Tech
Associates. One page numbered SPA dated 01126/99, revised 12/22/99.
PROJECT SPECIFIC CONDITIONS
1. The proposed parking lot shall be installed with a hard surface such as concrete or
asphalt, and shall be provided with a stormwater system connected to an approved
central stormwater system and installed with an approved oil /sand separator.
Applicant shall submit written evidence that such improvements have been
submitted to, and meet the approval of, the landowner and other regulatory
agencies prior to the issuance of building permits.
2. Applicant shall remit to the City of Aventura the sum of $3,955.00 to reimburse the
City for a portion of the expense of installing landscaping as part of the Biscayne IV
Resolution No. 2000 -25
Page 3
project that is to be used by the applicant to visually screen the proposed parking
lot.
Section 2. The City Manager is authorized to indicate such approvals and
conditions upon the records of the City.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by commissioner Cohen , who moved its
Commissioner
adoption. The motion was seconded byPwRers- Libert and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Baskin
ey s _
Commissioner Ken Cohen
yes
Commissioner Harry Holzberg
yes
Commissioner Patricia Rogers -Libert
yes
Vice Mayor Jeffrey M. Perlow
absent from the room
Mayor Arthur I. Snyder
absent from the room
PASSED AND ADOPTED this 2"d day of May, 2000.
Arthur I. Snyder, Mayor
ATTEST:
Tetesa M. Sord�, CN1C, City Clerk
Resolution No. 2000 -25
Page 4
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
l
This Resolution was filed in the Office of the City Clerk this day of - 11�' 'Y— , 2000.
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This Instrument Was Prepared By,
Record and Return 'o:
Mark C. Alhadeff, Esq.
The Alhadeff Law Group, P.L.
767 Arthur Godfrey Road
Miami Beach, Florida 33140
OPERATION AND PERPETUAL EASEMENT AGREEMENT
(Miami -Dade County, Florida)
THIS OPERATION AND PERPETUAL EASEMENT AGREEMENT ( "OEA ") is
executed as of the — day of , 2013, by Casey Development Group, LLC, a Florida
limited liability company (the "Grantor "), and Mazal 18 Development, LLC, a Florida limited
liability company (the "Grantee ")(Grantor and Grantee are sometimes collectively referred to
herein as the "Parties" and singularly as "Party ").
WITNESSETH
WHEREAS, Grantor is the owner of the land described in Exhibit "A" attached hereto
and identified as "Casey Land ";
WHEREAS, Grantee is the owner the land described in Exhibit "B" attached hereto and
identified as " Mazal 18 Land," the Casey Land and the Mazal 18 Land are sometimes
collectively referred to herein as the "Property," and
WHEREAS, the Casey Land and the Mazal 18 Land are contiguous and adjacent to each
other as shown on the site plan attached hereto as Exhibit "C "(the "Site Plan "); and
WHEREAS, the City of Aventura (the "City ") requires a certain minimum number of
parking spaces and a cross access easement over and across the Mazal 18 Land and Casey Land
for the proposed development on the Mazal 18 Land (the " Mazal 18 Development "); and
WHEREAS, the Parties wish to assure the City that the Mazal 18 Development will be
built in accordance with the Site Plan and be consistent with the City's Code of Ordinances
("City Code "), and
WHEREAS,Grantor has agreed to provide the required number of parking spaces to
Grantee so that the Mazal 18 Development meets the minimum number of parking spaces
required by City Code; and
C:\ Users \Office Assistant\AppData\Local\ Microsoft \Windows \Temporary Internet Files \Content.Outlooi676KPM1M7\OEA changes
approved.docx
Exhibit #6
01- VAR -13
WHEREAS,the Parties have mutually agreed to provide a cross access easement over
and across the Mazal 18 Land and Casey Land, as more particularly described in Exhibit "D"
attached hereto with accompanying sketch of survey (the "Cross Easement Area "), as hereinafter
set forth.
NOW, THEREFORE, in consideration of the premises, the covenants and agreements
hereinafter set forth, $10.00 and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties, subject to the terms, conditions and
provisions herein contained, hereby agree as follows:
The Parties acknowledge and agree that the foregoing recitals are true and correct
and are hereby incorporated by reference into this OEA as if fully set forth herein.
2. This OEA by and between the Parties,and its easements, covenants and other
provisions, shall constitute a covenant running with the land and be binding upon
the Mazal 18 Land and Casey Land and will be recorded, at the Parties' expense,
in the public records of Miami -Dade County, Florida, and shall remain in full
force and effect and shall inure to the benefit of and be binding upon the heirs,
successors and assigns of the respective Parties hereto, until such time as the same
is released in writing as hereinafter provided.
3. The Grantor does hereby grant, bargain, sell, and convey unto Grantee, its
successors and assigns a perpetual non - exclusive and irrevocable right and
easement for the use of four (4) parking spacesand a dumpster enclosure on the
Casey Land as designated in the Site Plan (the "Parking Easement Area "), which
Site Plan shall not be amended and /or modified in any way without the prior
written approval of the City.
4. Subject to the terms, provisions and conditions herein set forth, Grantor and
Grantee grant each other a perpetual non - exclusive and irrevocable right and
easement for the pedestrian and vehicular ingress to, egress from and access over
and across the Cross Easement Areaas shown in Exhibit "D "attached hereto by
the Permitted Users. For purposes hereof, the term "Permitted Users" shall mean
the Grantor and Grantee and their respective tenants, agents, contractors,
employees, patrons, guests and invitees.
5. Each Party shall be responsible for any and all costs related to any construction,
alteration, repair and /or maintenance on that part of the Parking Easement Area
and Cross Easement Area lying on its property. The Parties shall have the right to
create a temporary staging and /or storage area on the Cross Easement Area so
long as reasonable access is otherwise available over the Cross Easement Area for
ingress and access to and from the Mazal 18 Land and the Casey Land by the
Permitted Users as provided in this OEA.
6. All construction, alteration, repair and /or maintenance work to any portion of the
Cross Easement Areaand /or Parking Easement Area shall be accomplished in a
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continuous, diligent and expeditious manner (subject to matters of force majeure),
in compliance with all laws, rules, regulations, orders, permits, approvals and
licenses of governmental authorities having jurisdiction over the Property and
otherwise as provided elsewhere herein. Either Party, in undertaking such
construction, alteration, repair and /or maintenance work, shall take all reasonably
necessary measures to minimize any disruption or inconvenience caused by such
work to the other Party and its Permitted Users, and except in case of emergency,
shall give the other Party prior written notice at least seventy -two (72) hours prior
to commencing such work.
7. Except as otherwise expressly provided herein, no hedge, fence, wall or other
barrier may be placed, installed or constructed on or near the Cross Easement
Area or the Parking Easement Area if such barrier would block or otherwise
materially interfere with or materially impede or alter access, traffic flow and /or
access to the dumpster enclosure intended to be available under this OEA between
the Mazal 18 Land and the Casey Land.
8. The terms, conditions and provisions of this OEA: (i) are made for the direct
benefit of the Mazal 18 Land and the Casey Land; (ii). shall constitute covenants.
running with the land binding upon each of the Mazal 18 Land and the Casey
Land; and (iii) shall inure to the benefit of and be binding upon the current owners
of theMazal 18 Land and the Casey Land, and any person or entity subsequently
acquiring any fee, leasehold or other interest in the Property or any part thereof.
9. In this OEA whenever the context permits or requires, the singular shall include
the plural, and vice versa, and the masculine shall include the feminine and neuter
genders, and vice versa.
10. This OEA, and any amendments thereto, may be executed in several counterparts,
each of which shall be deemed an original, but all such counterparts taken
together shall constitute one complete document. The signatures to this OEA may
be executed and notarized on separate pages, and when attached to this OEA shall
constitute one complete document.
11. None of the terms or provisions of this OEAshall be deemed to create a
partnership between or among the Grantor or Grantee, nor shall it cause them to
be considered joint venturers or members of any joint enterprise. Each party
hereto shall be considered a separate owner, and no Party shall have the right to
act as an agent for the other Party, unless expressly authorized to do so herein or
by separate written instrument signed by the Party to be charged.
12. Nothing herein contained shall be deemed to be a gift or dedication of any portion
of the Parking Easement Area or Cross Easement Area or portions thereof to the
general public, or for any public use or purpose whatsoever. Except as herein
specifically provided, no right, privileges or immunities hereto shall inure to the
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3
general public, or for any public use or purpose whatsoever. Except as herein
specifically provided, no right, privileges or immunities hereto shall inure to the
benefit of any third -parry person or entity, nor shall any third party person or
entity be deemed to be a beneficiary of any of the provisions contained herein.
13. Invalidation of any of the provisions contained in this OEA, or of the application
thereof to any person or entity by judgment or court order shall in no way affect
any of the other provisions hereof or the application thereof to any other person or
entity.
14. This OEA may be amended or modified by, and only by, a written agreement
signed by all of the then current owners of the Mazal 18 Land and the Casey
Land, provided that the same is also approved in writing by the City Manager of
the City of Aventura.
15. Nothing herein shall prohibit either the Mazal 18 Land or the Casey Land from
being further encumbered or sold, demised or transferred separately or together at
any time in the future, subject to, however, all the terms, provisions and
conditions of this OEA.
16. This OEA shall become effective upon its recordation in the public records of
Miami -Dade County, Florida, and shall continue in effect for a period of thirty
(30) years after the date of such recordation, after which time it shall be extended
automatically for successive periods of ten (10) years each, unless released in
writing by the then owners of the Property or portion of the Property for which
the release is sought, and provided the same is approved by the City Manager of
the City of Aventura upon the demonstration that the same is no longer necessary
to preserve and protect the Property for the purposes herein intended.
[signatures appear on the next page]
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IN WITNESS WHEREOF, the parties have caused this OEA to be executed effective as
of the date and year first above written.
MAZAL 18 DEVELOPMENT, LLC, a Florida
Witness. limited liability company
Print e: S (7
Witness:
Print Name:
�L-p
Witness:
Print Name: t jfjEA ' gwn2A-
Witness: r
Print Name: EitAZ
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
By:
Name: C1 Lo 6L�- oul�
Title: ..,5 1 D FLHl
CASEY DEVELOPMENT GROUP, LLC, a
Florida limited liability company
By: L -1 � 6d
Name: iq Lbr gk:, C.L. a-4
Title: (I.GLS 1pPr��
T e reg 'n instru nt was ac owledg d before me this g day of u 2013, by
Y , e -MgMas ijt, of MAZAL 18 DEVELOPME , LLC, a limited
liability company, on behalf of the company. He /she is personally known to me or has produced
a Florida driver's license as identification and did (did not) take an oatl}�
JACKELINE TORRES
NOTARY PUBLIC
STATE OF FLORIDANOta 11C e Flo 'da
Comm# EE118657 ry � .
Expires 8/3/2015 Print Name: ail I
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Mt7* inst ment was ac owled ed efore me this 0 day of wl 2013, by
WAj N M , as Y� S� o CASEY DEVELOPMENT OUP, LLC, a
limited liability company, on behalf of the company. He /she is personally known to me or has
produced a Florida driver's license as identification and did (did n "t tan oath.
JACKEUNE TORRES
NOTARY PUBUC
STATE OF FLORIDA Notary Pu
Expi 8657 tat Of F O da
Print Name: Q Q�L1 V( Comm# EE11
re 8/3/2015 `
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CONSENT AND JOINDER
OF
BAC FLORIDA BANK
BAC Florida Bank, a Florida chartered bank, the undersigned mortgagee, is the owner and
holder of a mortgage on the Mazal 18 Land described herein in Exhibit "B" attached
hereto,recorded on May 18, 2005 in Official Records Book 23382 at Page 2817, as modified by a
continuation recorded on March 15, 2011 in Official Records Book 27617 at Page 3087; as
further modified by that certain Second Modification of Mortgage Agreement recorded
September 6, 2012 in Official Records Book 28259 at Page 3695, allof the Public Records of
Miami -Dade County, Florida, and hereby consents to and joins in and agrees that the
undersigned and its successors and assigns shall be subject to andbe bound by the above
Operation and Easement Agreement.
Witness:
Print Nar
Witness:
Print Nar
BAC FLORIDA BANK, a Florida chartered
STATE OF FLORIDA )
SS:
COUNTY OF
regoing instrument as acknowledged before me by e �,SU"as
�% �tclllollco'ak e-A� �-4BAC Florida Bank, a Florida chartered bank, on behalf of the said
Bank, who is personally known to me or has produced as
identification. G
Witness my signature and official seal this 0 day of 2013, in the County and
State aforesaid. n e
GH IS1Y ESPINOSA
;.; ONNISSION # DD 942847
F,.011099- Debember 17, 2013
ft� g(aridge, Tntu Na l Public Undewiters
My Commission Expires:
Notary ��blic State q,
Print Name:
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CONSENT AND JOINDER
OF
BRANCH BANKING AND TRUST COMPANY
Branch Banking and Trust Company, the undersigned mortgagee, is the owner and holder of
a mortgage on the Casey Land described herein in Exhibit "A" attached hereto recorded on
March 8, 2013 in Official Records Book 28522 at Page 110 of the Public Records of Miami -
Dade County, Florida, and hereby consents to and joins in and agrees that the undersigned and its
successors and assigns shall be subject to and be bound by the above Operation and Easement
Agreement.
l
STATE OF )
) SS.
COUNTY OF >y�
BRANCH BA G AND TRUST COMPANY
By:
Name: 600 k 14-. , L
Title: 0 -ice_ or,_v�—
The foregoing instrument was acknowledged bef e me byl a — , as VP
of Branch Banking and Trust Company, a on behalf of the said Bank,
who is personally known to me or has produced f� _ as identification.
Witness my signature and official seal this CAI day of ' , in the County and
State aforesaid.
Notary blic State of
Print Name:
My Commission Expires:
a�PAY P B
TERRY ANN STAROPOLI
a ' c
MY COMMISSION N DD 971293
*
* 0."
EXPIRES: March 17, 2014
"'?t
Bonded Thru Budget Notary Services
OF F�
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EXHIBIT "A"
CASEY LAND - LEGAL DESCRIPTION
LOTS 9 AND 10, LESS THE EAST 33.75 FEET OF SAID LOTS, OF MAULE FEDERAL
HIGHWAY INDUSTRIAL SITE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 46, PAGE 55, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY,
FLORIDA
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EXHIBIT "B"
MAZAL 18 LAND - LEGAL DESCRIPTION
Lots 11 and 12, LESS AND EXCEPT the East 33.75 feet thereof, of "MAULE FEDERAL
HIGHWAY INDUSTRIAL SITES ", according to the Plat thereof, as recorded in Plat
Book 46 Page 55 of the Public Records of Miami -Dade County, Florida
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EXHIBIT "C"
SITE PLAN
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10
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AyENTURA.RETAIL
� I #gip
?Ef3
n�
COUSINS SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB # 6448
PHONE (954) 689 -7766 FAX (954) 689 -7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION :
PROJECT NUMBER : 6905 -12
CLIENT
SKLARCHITECTURE
- -1 nFIMENT
THE SOUTH 21.00 FEET LESS THE EAST 43.08 FEET AND LESS THE WEST 1.59
FEET OF LOT 10, OF "MAULE FEDERAL HIGHWAY INDUSTRIAL SITES ", ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 46, PAGE 55 OF THE
PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA.
NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN JULY, 2013, 1 FURTHER CERTIFY THAT
THIS "LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL
STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J -17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON.
FOR THE FIRM, BY: - -- � ~- �--- '-- '-- -'�—'-
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
REVISIONS
DATE
FB PG
DWN
CKD
LAND DESCRIPTION k SKETCH
07/10/13
- - - -
AM
REC
PROPERTY ADDRESS
LAND DESCRIPTION 17800 BISCAYNE BLVD
& SKETCH FOR
CROSS ACCESS SCALE: N/A
EASEMENT
SHEET 1 OF 2
COUSINS SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
-A� CERTIFICATE OF AUTHORIZATION : LB # 6448
PHONE (954) 689 -7766 FAX (954) 689 -7799
PROJECT NUMBER : 6905 -12
CLIENT
SKLARCHITECTURE
REVISIONS
DATE
F8 /PG
DWN
CKD
LAND DESCRIPTION & SKETCH
07/10/13
- - - -
AM
REC
SCALE: 1"= 20'
SHEET 2 OF 2
EXHIBIT "D"
CROSS EASEMENT AREA — LEGAL DESCRIPTION
THE SOUTH 21.00 FEET LESS THE EAST 43.08 FEET AND LESS THE WEST 1.59 FEET
OF LOT 10, OF "MAULS FEDERAL HIGHWAY INDUSTRIAL SITES ". ACCORDING TO
THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 46, PAGE 55 OF THE PUBLIC
RECORDS OF MIAMI -DADE COUNTY, FLORIDA.
(Attach Sketch of Survey prepared by a Florida licensed Surveyor, depicting the
Cross Easement Area over and across the Mazal 18 Land and Casey Land)
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11
` APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31- 71(b)(2)(i) of the City of Avenlura Land Development Code, this Applicant Representative Affidavit is hereby made and
submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying
application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity
applying for the Development Permit in connection with the application, as follows
Name
-Avi L. S�/-lar
MoLure ev) SV-n14) _
Relationship (i.e. Attorneys, Architects, Landscape
Architects, Engineers, Lobbyists, Etc.)
Lot h CA Scu doe A y-c an t fe—ci
WaNy WnD C',tvi t �ngtheer
11GharG1 C— 0QUSknS suYvt or
im ar y, A! hacle4l Lawn -cr
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT
SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF
THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT
PURSUANT TO SEC. 31- 71(13)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS ZZ. DAY OF 1 0,1 20!3
AUTHORIZED REPRESENTATIVE OF APPLICANT:
(Signature)
Name:
(Print)
Title:
Address:
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
OWNER
By:— W�2�_
(Signature) Name: nature) . _ 2- Y1 C I-) u VA
(Print)
Title: f Q- - ,D! t
Address: Lt 1,51 .2 >D f L
htAKi dP,fc,la 4 b
Before me the undersigned authority personally appeared -1100 &h6t1WUtn as the authorized representative of the
Applicant and /or the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIA
SWORN TO AND SUBSCRIBED BEFORE ME this22-day of _q' 20
Notary late of FI ida L rg��
Printed Name of o �^ tl"e TES
My commission expires:
JACKEUNE
WMFUW-
NOTARY PUBLIC
STATE OF FLORIDA
Comm# EE118657
E-*res 13M015
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with "x' applicable portions only)
[ j 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
�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:
(J 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;
(] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
(] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
(] v The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
(] 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 DAY OF 200.
APPLICANT
By: (Signature)
Name: (Print)
Title: (Print)
WITNESS MY HAND THIS ca DAY OF A 2003
PROPS OWN
By: (Signature)
Name: G (Print)
Title: (Print)
'The terms 'Business Retallonship, " "Client, " "Customer, " 'Applicant, " "Representative" and "Interested Person" are defined in
Section 2.395 of the Aventura City Code.
WITNESS M)( NAND THS _�i SAY OF_ MA I 2 IA 1.�
REPRESENTA IVE: Listed on Business Reliationsttip Affidavl'
By O By,
Name: WWFr LO
By:
I'Sqnature')
Name-
,Ptin,
Name:
ff'rjnO
Tlt!,:O'V(L- E)II(IIAIP-W
TA!e:
IPnntj
By. (signature)
By:
, Svnaiuf e
Name: -rent)
Name:
Title: 0010
Title:
_(Print)
By:
I'Sqnature')
Name-
(Print)
Tile'___.—
ff'rjnO
By
BY-
Title,-
Title:
(P intj
By: _Ngnattire)
Title _(Print)
Title. (Print)
By'
I'diure
____(Signature)
Title—
(Pant)
Title:
_,"PtinO
By:
I'diure
Name-_
_(Pant)
Title:
_,'Pr1n!I!
BY-
Title:
(P intj
fPrf/7!(
By, (Signature
Title "'PrInt)
Title (PRIV)
By: (Signature
Title __(Print,,
Title— _(Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
21) Applicants and Affiants are advised to tinsel v supplement this Affidavit pursuant to Sec. _',l-7J(b)(_*7)6V') of
the City's Land De,.eloprnent Regulations in the City Code, in the e,,ent that prior to. consideration of the
application by the City Board or Commission. the intbrniatiori pnivided in the Affidw. it becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA
COUNTY Of MIAMI -DADS)
Before me, the undersigned authority, personally appeared ,AV"94 the Aftri ho being first by me duly sworn, did swear or affirm that heishe
executed this Affidavit lo( the purposes stated therein and that A is true and C(Xrect
I—
SWORN TO AND SVMRIBED before me this 00, day of J 200
STATE OF FLORIDA
COUNTY OF MIAMI-DADE)
Before me, the undersigned auftdty. personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this __ , , day of„ , .. .. ........ _ 200_
STATE OF FLORIDA I
COUNTY OF MIAMI -DADS)
Before me. the undersigned authority, perwatly appeared'
executed this Affidavit for the purposes stated therein and that it is true and mfev
SWORN TO AND SUBVRIBED before me this ....... . .... clay of � ,, - , , , _ 2,00-,
STATE OF FLORIDA
COUNTY OF WAMI•DADE)
Before me, the undersigned authority, Personally appeared . . .... .............
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this,_, ,, day of - 200
AFFIANT I
%, tCrista Stefanick
COMMISSION 4 DD957797
Printed Name of Notary
, 6 Z EXPIRES: FEB. 13, 2014
My commission expires
the Affiant who being first by me duly sworn, did swear or affirm that he/she
AFFlANT
Notary Ou6lo State of Florida At Large
Printed Name of Notary
My commission expires!___
the AN01, who being first by me duly sworn, did swear or affirm that heishe
A7FFIANT
Pirbirc State of Fonda Ai Large
Pnrted� Nama, of Notary,
My oommussion expms-
the Affent, who being first by me duly sworn, did swear or affirm that he/she
AFFfANT
Notary Public State of Florida At Large
Printed Name of Notary
My co mi
m-
, �ionopires.__ ___
�jTNESSMY -4%0 THS Z?7 DAY OF,
;1 isfec on, ...-~�__-_-A
Name� _ _ _ _ /Rwn/ Name
Txe- //^mo T0o�
By: _ ��,m'zp' yy
Namo� _x�a� Nome
Tifle-__ _ �� T Ve�
Gy_
T�e
Sy � _ �,p' By- -/S" Cluu/r
Title
T"Ve _��v� Tble
8y,
Tixo` ��ma TIVe
Ttie
NOTE: n Use duplicate sheets if disclosure information for Representative varies
,upp|Cx,cx: ,hi` \fild^,i' pv,uam to S".
[in', Land DL`c/~rncxt }o thc OI" [,u". i: t!-, m^:t ,!,,at ph�rw
vyp|smkm u> tnc 01% 3v;xi of (omm,^ion, 111c in*nnatkw pm`/u^j in the +AUu it hrcmnu in'orzo or
-_`
^4 i t_3:�
T.tle /
/e,�� '
'�a �p�~����,~--`
NOTE: n Use duplicate sheets if disclosure information for Representative varies
,upp|Cx,cx: ,hi` \fild^,i' pv,uam to S".
[in', Land DL`c/~rncxt }o thc OI" [,u". i: t!-, m^:t ,!,,at ph�rw
vyp|smkm u> tnc 01% 3v;xi of (omm,^ion, 111c in*nnatkw pm`/u^j in the +AUu it hrcmnu in'orzo or
NOTARIZATION PROVISIM'
...........
ANDREA MAJOR
MY COMMISSION #FF004431
vf
EXPIRES April 3, 2017
6153
FloridallotaryService.com
�V!
,V,CR', TC,
F;'Inja ,4,1 -evqc
.......... .... ....... . ... .. ... . ... ... ... ...
MIA'
1%lt
WITNESS MY HAND THIS ?� DAY OF t 2
�1
?TATIE: (Listed on siness Relationship Affidavit)
gy. (Signature) By; (Signature
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NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and AMants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMt.DADE) QJ/
Before me, the undersigned authority, personalty appeared >��!'� —�I, VA i _ the Affiant, who being first by me duly sworn, id swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
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STATE OF FLORIDA }
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SWORN TO AND SUBSCRIBED before me this _ day cf _ J t E 6 y 21 3 !, 3ACKcLIIdE TORRES
////// J ' NOTARY PUBLIC
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STATE OF FLORIDA }
COUNTY OF MIAMI•DADE)
Before me, the undersigned authority personally appeared the Affiant, who being first by me duty swan, did swear or affirm that he/she
executed this Affxtavil for the purposes stated therein and that A is true and correct.
SWORN TO AND SUBSCRIBED before me this day of _ _ 200_
STATE OF FLORIDA )
COUNTY OF MIAMI•DADE)
Before me, the undersigned authority, personally appeared _ _
executed this Affidavit for the purposes stated therein and that it is true and correct
SWORN TO AND SUBSCRIBED before me this day of
AFFIANT
Notary Public Slate of Fonda At Large
Printed Name of Notary
My commisson expires:_
the Affant, who being first by me duty sworn, did swear or affirm that he/she
AFFIANT
Notary Public State of Florida At Large
Panted Name of Notary
My commission expires..
WITNESS MY HAND THIS DAY OF 20�'�
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: (Signature) By:__.. (Signature
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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. 3 1-71 (b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared _✓] —_ _ the Affiant, who being fi e duly sworn, did swear or affirm that he /she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this I day of CAA,,kA L��200j:�) JACKEUNE T'ORM
NOTARY PUBLIC
STATE OF FLORIDA
olary Public f FjorAa At l.are Comm # EE118657
nted Name o otary S Expires 8/3/2015
Pri
My commission expires: -
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared .__ _ — the Affiant, who being first by me duly sworn, did swear or affirm that helshe
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this day of _ _ ___, 200_
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared ____ _
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this _ day of - __ — _,200_.
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared --- -_ — _.
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this _ _ _ day of — -,200-,
AFFIANT
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:__.
._ the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:__
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
Notary Public State of Florida At large
Printed Name of Notary
My commission expires- __
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING APPROVAL
OF A VARIANCE FROM SECTION 31- 171(b) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW ELEVEN (11) PARKING SPACES, WHERE A
MINIMUM OF EIGHTEEN (18) PARKING SPACES ARE
REQUIRED BY CODE; AND VARIANCE FROM SECTION
31- 221(1)(2) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A TWO (2) FOOT WIDE
PERIMETER BUFFER STRIP ALONG THE WEST LIMIT
OF THE VEHICULAR USE AREA, WHERE A MINIMUM
SEVEN (7) FOOT WIDE PERIMETER BUFFER STRIP IS
REQUIRED BY CODE; AND VARIANCE FROM SECTION
31- 221(1)(2) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A ZERO (0) FOOT WIDE
PERIMETER BUFFER STRIP ALONG THE NORTH LIMIT
OF THE VEHICULAR USE AREA, WHERE A MINIMUM
SEVEN (7) FOOT WIDE PERIMETER BUFFER STRIP IS
REQUIRED BY CODE; AND RELEASE OF PREVIOUSLY
APPROVED RESOLUTIONS NOS. 98 -50 AND 2000 -25;
ALL FOR A PROPOSED 4400 SQUARE FOOT, ONE -
STORY RETAIL BUILDING AT 17800 BISCAYNE
BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Mazal 18 Development LLC, is requesting Variance
from Section 31- 171(b) of the City's Land Development Regulations to allow eleven
(11) parking spaces where a minimum of eighteen (18) parking spaces are required by
Code; and Variance from Section 31- 221(1)(2) of the City's Land Development
Regulations to allow a two (2) foot wide perimeter buffer strip along the west limit of the
vehicular use area, where a minimum seven (7) foot wide perimeter buffer strip is
required by Code; and Variance from Sec. 31- 221(i)(2) to allow a 0 foot wide perimeter
buffer strip along the north side of the vehicular use area, where a minimum 7 foot wide
perimeter buffer strip is required by Code; and Release of previously approved City of
Aventura Resolutions Nos. 98 -50 and 2000 -25; all for a proposed 4400 square foot,
one -story retail building at 17800 Biscayne Boulevard, City of Aventura; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
Resolution No. 2013 -
Page 2
WHEREAS, the City Commission finds that the Variance Application meets the
criteria of the applicable codes and ordinances, to the extent the Variance Application is
granted herein; and
WHEREAS, the City Commission finds that the previously approved Resolutions
Nos. 98 -50 and 2000 -25 may be released as no longer applicable to the subject
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for a Variance from Section 31- 171(b) of the City's Land
Development Regulations to allow eleven (11) parking spaces where a minimum of
eighteen (18) parking spaces are required by Code; and Variance from Section 31-
221(1)(2) of the City's Land Development Regulations to allow a two (2) foot wide
perimeter buffer strip along the west limit of the vehicular use area, where a minimum
seven (7) foot wide perimeter buffer strip is required by Code; and Variance from Sec.
31- 221(1)(2) to allow a 0 foot wide perimeter buffer strip along the north side of the
vehicular use area, where a minimum 7 foot wide perimeter buffer strip is required by
Code; all for a proposed 4400 square foot, one -story retail building at 17800 Biscayne
Boulevard, City of Aventura, on property legally described as follows:
Lots 11 and 12, less the east 33.75 feet thereof, of Maule Federal Highway
Industrial Sites, according to the plat thereof as recorded in Plat Book 46, Page
55 of the Public Records of Miami -Dade County, Florida, City of Aventura
is hereby granted, subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
• "Aventura Retail" Cover Sheet, Sheet A0.0, prepared by SKLARcitechture, dated
07/08/13, signed and sealed 8/20/13.
• "Aventura Retail" Existing /Demo Site Plan, Sheet A1.1, prepared by
SKLARcitechture, dated 05/13/13, signed and sealed.
• "Aventura Retail" Site Plan, Sheet A1.2, prepared by SKLARcitechture, dated
Resolution No. 2013 -
Page 3
07/08/13, signed and sealed 8/20/13.
• "Aventura Retail" Proposed Floor Plan, Sheet A2.1, prepared by SKLARcitechture,
dated 05/13/13, signed and sealed.
• "Aventura Retail" Roof Plan, Sheet A3.1, prepared by SKLARcitechture, dated
05/13/13, signed and sealed.
• "Aventura Retail' Elevations, Sheet A5.1, prepared by SKLARcitechture, dated
05/13/13, signed and sealed.
"Aventura Retail' Elevations, Sheet A5.2, prepared by SKLARcitechture, dated
05/13/13, signed and sealed.
• "Aventura Retail" Sections, Sheet A6.1, prepared by SKLARcitechture, dated
05/13/13, signed and sealed.
• "Aventura Retail" Elevations, Sheet PH1, prepared by SKLARcitechture, dated
05/13/13, signed and sealed.
"17800 Biscayne Blvd." Tree Disposition, Sheet L -1, prepared by Lushlife Exterior
Decorators, dated 12/5/12, signed and sealed 8/19/13.
• "17800 Biscayne Blvd." Landscape Plan, Sheet L -2, prepared by Lushlife Exterior
Decorators, dated 12/5/12, signed and sealed 8/19/13.
• "17800 Biscayne Blvd." Landscape Details, Sheet L -3, prepared by Lushlife Exterior
Decorators, dated 12/5/12, signed and sealed 8/19/13.
• "Aventura Retail' Paving, Grading and Drainage Plan, Sheet C100, prepared by
Ocean Engineering, Inc., dated 11/28/12, signed and sealed 7/8/13.
"Aventura Retail' Paving, Grading and Drainage Plan, Sheet C200, prepared by
Ocean Engineering, Inc., dated 11/28/12, signed and sealed 7/8/13.
• "Aventura Retail' Drainage Details, Sheet C400, prepared by Ocean Engineering,
Inc., dated 11/28/12, signed and sealed 7/8/13.
"17800 Biscayne Blvd." Sketch of Survey, Sheet 1 of 1, prepared by Cousins
Surveyors & Assoc., Inc., dated 11/12/12, signed and sealed.
2. Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
3. Prior to issuance of a building permit, the applicant shall provide to the City:
(i) A copy of this resolution as recorded in the Public Records of Miami -Dade County.
All expenses of such recordation shall be borne by the applicant, and
(ii) A copy of the Operation and Perpetual Easement Agreement regarding the four
parking spaces and dumpster enclosure on the adjacent parcel, as recorded in the
Public Records of Miami -Dade County. All expenses of such recordation shall be borne
by the applicant, and
Resolution No. 2013-.
Page 4
(iii) All necessary permits from the Florida Department of Transportation, Miami Dade
Water and Sewer Department and any other agencies having jurisdiction for the
proposed development, and
(iv) A copy of the license agreement with the Florida East Coast Railway for the
proposed parking area and landscaped area to the west of the parcel; such license
agreement to continue on an annual basis. The applicant shall provide a copy of the
annual renewal to the City.
Section 2. Release of Resolutions Nos. 98 -50 and 2000 -25 is hereby granted.
Section 3. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution
was offered by
Commissioner
, who
moved its adoption. The
motion was
seconded by
Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2013 -
Page 5
PASSED AND ADOPTED this 1 st day of October, 2013.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 1St day of October, 2013.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC -CM
City Manager
BY: Joanne Carr, AICP
Community Developm Director
DATE: September 19, 2013
SUBJECT: Request of Lubavitch Center Aventura South Inc. for (1) Variance to allow
46 parking spaces, where 87 parking spaces are required by Code for the
permanent religious use facility; and (2) Modification to City of Aventura
Resolution No. 2011 -47 to extend the time for use of the- temporary
structure on site to December 26, 2014 and to delete Condition No. 8 of
Section 2. Of the Resolution; and (3) Modification of the "Declaration of
Restrictions Regarding Temporary Structure" dated July 25, 2011 to
extend the time for use of the temporary structure to December 26, 2014;
all for property located at the southeast corner of NE 185 Street and NE
28 Court, municipal address 18449 Biscayne Boulevard, City of Aventura
(06- VAR -13)
October 1, 2013 City Commission Meeting Agenda Item i 4
RECOMMENDATION
It is recommended that the City Commission:
1. Approve the request for variance to allow 46 parking spaces for the permanent
religious facility, where 87 parking spaces are required by Code, subject to the following
conditions:
(i) Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
(ii) Prior to issuance of a building permit, the applicant shall record this resolution in
the Public Records of Miami -Dade County. All expenses of such recordation shall be
borne by the applicant.
(iii) As proffered by the applicant, the reduced parking will be evaluated by the City
Manager one year after commencement of operation of the facility. The City Manager
will determine whether the reduced parking is creating a situation that warrants further
parking being provided on site. If the City Manager determines that additional parking
is required, the applicant agrees to install the required parking lifts in the garage. The
applicant has proffered to install the electrical service needed to power the lifts during
initial construction of the facility, in the event that the lifts are determined to be required
after the one year evaluation. The City Manager's determination will be issued by
written notice to the applicant.
(iv) The applicant shall record, at its expense, in the Public Records of Miami -Dade
County, Florida, a Covenant agreeing to install the lifts if so required by written notice
pursuant to Condition (iii) above.
2. Approve the request for modification to Resolution No. 2011 -47 to extend the time
for use of the temporary structure on site to December 26, 2014, and
3. Deny the request to delete Condition No. 8 of Section 2. of Resolution No. 2011 -47,
which bars requests for extension of the time period for the temporary use, but modify
said condition in order to allow the temporary use extension described in (2)
immediately above; and
4. Approve the request for modification to
Temporary Structure" dated July 25, 2014,
structure to December 26, 2014.
THE REQUEST
the "Declaration of Restrictions Regarding
to extend the time for use of the temporary
The applicant, Lubavitch Center Aventura South, Inc., is requesting variance approval for a
reduced number of parking spaces for the permanent religious facility under construction
on site. It is further requesting modification of Resolution No. 2011 -47 to extend the time
for use of the temporary structure on site to December 26, 2014 and modification to the
"Declaration of Restrictions Regarding Temporary Structure ", again to extend the time for
use of the temporary structure. The applicant's letter of intent is attached as Exhibit #1 to
this report.
BACKGROUND
OWNER OF PROPERTY Lubavitch Center Aventura South, Inc.
APPLICANT Lubavitch Center Aventura South, Inc.
ADDRESS OF PROPERTY southeast corner of NE 185 Street and NE 28 Court
18449 NE 28 Court, City of Aventura
(Exhibit #2 for Location Map)
LEGAL DESCRIPTION
SIZE OF PROPERTY
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:
All of Tract F, Merco at Aventura, according to the plat
thereof recorded in the Plat Book 166, Page 58 of the
Public Records of Miami -Dade County, Florida
1.682 acres
RMF4, Multifamily High Density Residential District
RMF3, Multifamily Medium Density Residential District
RMF4, Multifamily High Density Residential District
U, Utilities District
RMF4, Multifamily High Density Residential District
Temporary Religious Facility and Permanent
Religious Facility under Construction
Residential Condominium (Aventi)
Residential Condominium (Admirals Port)
FPL Substation
Residential Townhomes
Future Land Use - According to the City of Aventura Comprehensive Plan, the
following properties are designated as follows:
Subject property:
Medium -High Density Residential
Property to the North:
Medium -High Density Residential
Property to the South:
Medium -High Density Residential
Property to the East:
Medium -High Density Residential
Property to the West:
Medium -High Density Residential
The Site - The site is a 1.682 acre parcel of land at the southeast corner of NE 185
Street and NE 28 Court. The parcel was subdivided as a separate tract in 2007 as part
of the Merco at Aventura plat, subsequently known as Terzetto. The Terzetto townhome
parcel lies to the west and the FPL substation lies to the east.
History of the Site — This site was part of the original Aventura Landings ( Terzetto)
development. The development approval in 2004 included construction by the
developer of the extension of NE 185 Street (Miami Gardens Drive) from NE 27 Avenue
to NE 28 Court. Three separate development types were approved; those being, a
residential condominium tower on the northwest corner, a townhome development at
the southwest corner and residential loft condominium at the southeast corner. The
townhome development was completed. The residential condominium tower parcel is
presently vacant.
The property subject of this application is the residential loft condominium parcel. The
applicant requested and received conditional use approval to construct both a
temporary religious use facility and a permanent religious use facility through
3
Resolution No. 2011 -47 passed in July of 2011, a copy of which is attached as Exhibit
#3. Administrative Site Plan Approval was issued on July 19, 2011 for the one -story,
3,500 square foot temporary structure. Administrative Site Plan Approval was issued
on May 25, 2012 for a two -story, 50.5 foot high, 25,760 square foot synagogue with 348
seats in the main sanctuary and 87 parking spaces. The approved site plans for the
temporary structure and for the permanent structure are attached as Exhibit #4 and
Exhibit #5.
The Project — The development proposal is the synagogue in the southern portion of
the site and a residential building in the northern portion. The synagogue is now under
construction as the first phase, with the residential building to follow as Phase 2 under
separate application and approval. The approved temporary structure has been
erected and is in use.
The applicant is requesting variance approval to reduce the number of parking spaces
on the approved plan for the permanent structure from 87 spaces to 46 spaces. All
other site conditions will remain the same. The proposed revision to the approved site
plan is attached as Exhibit #6. The applicant is further requesting extension of the
approved time for use of the temporary structure while construction of the permanent
structure is completed.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is consistent with the
City of Aventura Comprehensive Plan. The future land use designation of the parcel is
Medium High Density Residential. A religious facility is permitted in this future land use
category following conditional use approval.
Citizen Comments — As of the date of writing of this report, no written comments from
citizens have been received.
Request #1: Variance from Section 31.171(b) of the City's Land Development
Regulations to allow 46 parking spaces where a minimum of 87 parking spaces
are required by Code.
The site plan approved in May of 2012 includes 87 parking spaces on site, with 4
parking spaces on grade and the remaining 83 spaces in a subgrade garage that has
42 spaces on the ground. Forty -one of those 42 spaces have parking lifts and therefore
count as 2 spaces each.
The applicant wishes to eliminate the 41 parking lifts, which will reduce the overall
parking space count from 87 to 46. Four spaces will remain on grade and the 42
ground spaces will remain in the parking garage. The request for variance is to allow
this reduced number of parking spaces.
The applicant has proffered a condition that, if approved, the reduced parking be
evaluated by the City after one year of operation of the synagogue. If the reduced
rd
parking is found to cause a disturbance or nuisance to the community, the applicant will
install parking lifts. The applicant has further proffered to install the electrical service
needed to operate the lifts during the initial construction period, so that if it is
determined in one year that additional parking is needed, the lifts can be installed
without disruption to the building.
The applicant has further advised that it has arranged with other nearby properties to
accommodate increased parking demand during holidays and events.
Criteria - The standards of review for variance requests are found in Section 31-
76(e)(1) through (5) inclusive of the City's Land Development Regulations. The Code
states that "a variance shall be granted only where competent and substantial evidence
presented in the particular case shows that all of the following [standards of review] are
met..."
The following is an analysis of Section 31 -76(e) of the City Code as it relates to this
request.
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The applicant advises that the particular physical surroundings, shape, topographical
condition or other physical or environmental condition of the specific property involved
that would result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions upon which the request for variance is based are unique to the parcel
and would not be generally applicable to other property within the vicinity.
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The alleged difficulty or hardship is not economic and has not been deliberately created
to establish a use or structure which is not otherwise consistent with the LDR.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare or injurious to
other property or improvements in the vicinity. The one year monitoring condition
5
proffered by the applicant will provide for evaluation of the reduced number of parking
spaces and will provide that additional parking will be installed if determined to be
needed.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The proposed variance will not substantially increase traffic congestion or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values.
Request #2• Modification to Resolution No. 2011 -47, Conditions Numbers 1 and 8.
The conditional use approvals granted in 2011 were subject to certain conditions. The
following is a list of those conditions and their status:
1. That the temporary structure will be removed from the property within twenty -eight
(28) months from the date of final approval of the conditional use application.
Status: The 28 month term expires on December 20, 2013. The applicant is requesting
an extension of this term to December 26, 2014 to complete construction of the
permanent facility. The applicant has submitted a construction schedule that shows
final inspections expected in October, 2014, with temporary certificate of occupancy
anticipated on October 27, 2014 and final certificate of occupancy on December 26,
2014. The temporary structure can begin to be removed following temporary certificate
of occupancy.
2. The temporary structure will be in substantial compliance with the plans entitled
"Lubavitch Aventura South" prepared by Schapiro Architects and Fortin Leavy Skiles,
Inc. dated June 27, 2011.
Status: The temporary structure is in substantial compliance with those plans.
3. The owner will submit an application for site plan approval to the City for the
permanent structures within two (2) months of final approval of the conditional use
application.
Status: The application for site plan approval was received on October 12, 2011 which
was within 2 months of the date of final approval of the conditional use application.
4. The owner will submit an application for building permit for the permanent facility
within four (4) months of the date of final administrative site plan approval.
Status: The application for building permit for the permanent facility was submitted on
March 14, 2012, which is seven (7) months after the date of final administrative site
plan approval.
R
5. The owner will commence construction of the permanent synagogue structure within
thirteen (13) months of the date of final conditional use approval.
Status: The construction of the permanent synagogue structure commenced on
September 11, 2012, which is 13 months from the date of final conditional use
approval.
6. The owner will post a Removal Bond or Letter of Credit with the City in the amount of
$28,500 to guarantee removal of the temporary structure within twenty -eight (28)
months of the date of final approval of the conditional use application. If not removed
within that time limit, the City may draw upon the bond and have the structure removed.
The City shall be entitled to an administrative fee of $5,000 for the removal process.
Status: The applicant submitted the Letter of Credit in the amount of $28,500.00. This
Letter of Credit currently expires on August 11, 2014.
7. Prior to issuance of a building permit for the temporary structure, the applicant shall
record a Restrictive Covenant on title, containing all the conditions above, and shall
provide the Removal Bond or Letter of Credit to the City, both in form approved by the
City Manager and City Attorney.
Status: The Declaration of Restrictions Regarding Temporary Structure was recorded
on August 1, 2011.
8. The owner will make no request for extension of the twenty -eight (28) month time
limit for the temporary use.
Status: The owner is requesting deletion of this condition. Staff does not recommend
deletion of this provision, but instead recommends that the condition be modified to
read that the owner will make no request for extension for the removal of the temporary
use past December 26, 2014.
Request #3: Modification to Declaration of Restrictions Regarding Temporary
Structure.
The conditions of Resolution No. 2011 -47 were embodied in the recorded "Declaration
of Restrictions Regarding Temporary Structure" recorded in the Public Records of
Miami -Dade County. The recorded Declaration is attached as Exhibit #7 to this report.
The applicant is requesting modification to this Declaration to coincide with the requests
for modification to Resolution No. 2011 -47. This will necessitate revision to Paragraph
(1)(b) and to Paragraph (1)(e) of the Declaration to permit the temporary structure to
remain in place until December 26, 2014.
� Bilzin Sumberg
COMMUNITY DEVELOPMENT
c,I -Ty OF AVENTUPA Stanley B. Price, Esq
Tel 305- 350 -2374
Fax 305 -351 -2204
203 sprice cn)bilzin.com
September 11, 2013
Joanne Carr, Community Development Director
City of Aventura
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Lubavitch Center Aventura South, Inc.
Folio No. 28- 2203 - 082 -0670
Property Located at 18449 N.E. 28 Court, Aventura, FL (the 'Property ")
Dear Ms. Carr:
APPLICATION FOR PARKING VARIANCE AND
MODIFICATION OF CONDITIONAL USE APPROVAL
LETTER OF INTENT
This firm represents Lubavitch Center Aventura South, Inc. as the owner of the Property.
Please consider this our formal letter of intent in connection with an Application for a variance
for reduced Parking. In conjunction with the variance, the Applicant is also requesting a
modification of the Conditions of Use as it relates to Conditional Use Approval for a religious
facility on the above Property.
A. The Property
The Property is located at the southeast corner of N.E. 185th Street and N.E. 28th Court
and consists of approximately 1.682± acres. The Property was platted as a separately platted
tract in 2007 through the Merco at Aventura plat recorded in Plat Book 166 at Page 58 of the
Public Records of Miami -Dade County, Florida. The Property fronts on two municipal roads and
is located immediately to the west of the Florida Power & Light substation. The Property
currently contains a modular structure which functions as a temporary use religious facility on
one portion of the Property while the permanent structure is being developed on the other.
B. Zoning and Land Use
The Property is zoned RMF -4, multi - family high density residential district. The property
is designated as Medium High Density Residential on the City of Aventura Future Land Use
Plan.
Exhibit #1
MIAMI 3851556.3 79445/37084 06-VAR-13
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor, Miami, FL 33131 -3456 lei 305.374.7580 Fax 305.374.7593
Joanne Carr, Community Development Director
September 11, 2013
Page 2
The RMF -4 districts permits as conditional uses all uses in the CF, community facilities
zoning district. See section 31- 143(f)(2a)(a). Section 31- 147(A)(1)(d) details that "churches or
synagogues and other houses of worship" are permitted uses in the CF district. Therefore, the
use is a conditional use under the RMF -4 district and was approved through City Resolution
2011 -47.
C. Proposed Development
Our client obtained approval for a two -phase development plan. The first phase, which
included a temporary phase, was for approval to operate an orthodox religious facility in a
modular structure. The modular structure has afforded our client the ability to serve the
members of the Lubavitch Community during construction of the permanent facility. Therefore,
the first phase included approval of a temporary modular structure while our client constructs
the permanent facility on the remainder of the site.
D. Variance
Our client obtained. City of Aventura, Administrative Site Plan Approval 01- SP -12. As
noted in our original letter of intent accompanying the conditional use approval (described under
Section E below), which is incorporated herein by reference, the use meets the requirements of
conditional use approval and has been designed to minimize any potential adverse effects,
including any visual and traffic impacts. The use meets the criteria set forth under Section 31-
79(8) in that the use is consistent with the City's comprehensive plan, the use is consistent with
the approved and accepted architectural and engineering design concepts of the city, and the
use is consistent with the aesthetic character of the City as noted in our conditional use letter of
intent. Since the approval, the plans have been modified as it relates to the parking on site.
The original approved site plan contained 87 parking spaces by utilizing electric
automated parking lifts, and requiring a valet parking agreement. Our client has made
arrangements with other nearby properties to utilize those properties for special events, such as
the High Holy Holidays or other events that would require additional parking. Because a high
percentage of the congregation walks to the synagogue, especially on the High Holy Days, the
technical need for the parking generally required by code is alleviated. Therefore, our client is
requesting a modification of the prior approvals to incorporate a variance to allow for 46 parking
spaces where 87 is otherwise required. Our client understands that this request will be valid for
one year with reduced parking, after which time, the City Manager will evaluate as to whether
the reduced parking is creating a situation that warrants further parking being provided on site.
In the event the parking is ultimately determined to be required by the City, the additional
parking lifts will be installed. Our client understands that electric must be in place for the lifts so
that if they need to be installed in the future, the site can be retrofitted to accommodate the
parking lifts. In the event after the one year evaluation is conducted it is determined that
additional parking will not be required, then the variance will become final.
MIAMI 3851556.3 79445/37084
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Joanne Carr, Community Development Director
September 11, 2013
Page 3
Therefore, please consider this our request for a variance pursuant to City of Aventura
Code Section 31 -76. In support of the variance, the applicant notes that due to the fact it is a
religious institution and its congregation generally walks to the facility, the need to provide the
otherwise required standard number of parking is alleviated. Further, based on the Property
being located on the intersection of two roads, and the required roadway improvements
adjacent to the Property, on- street parking is not feasible on this particular lot. In order to
ensure that the variance will not be detrimental to the public welfare or injurious to other
property or improvements in the vicinity, the variance is being requested on a one -year basis in
order to be monitored to determine whether the decreased parking impacts the community. In
the event that after one year it is determined that the parking does not impact the community,
the variance will become permanent. This is also to ensure that the variance will not
substantially increase the congestion in the public streets or increase the danger of fire or
endanger the public safety, or substantially diminish or impair property values within the vicinity.
E. Modification of Conditional Use Approval Request
Our client obtained conditional use approval through City of Aventura Resolution 2011-
47 (the "Conditional Use Resolution ") to allow for the religious facility on the Property, with
temporary approval to allow the facility to locate in a modular structure until the permanent
facility is constructed, and to allow the use on a permanent basis once the second phase of
development is approved. The Conditional Use Resolution afforded 28 months within which the
modular structure must be removed. However, due to the plans being modified related to
parking and other delays sometimes inherent in a construction project, the permanent facility will
not be complete prior to the expiration of the 28 month period. Therefore, we respectfully
request the following modifications to the Conditional Use Resolution. Please consider this our
request to modify Resolution 2011 -47, Section 2, paragraphs 1 and 7, and to delete Section 2,
Condition 8. The proposed modifications to paragraphs 1 and 7 are as follows:
FROM: 1. The temporary structure will be removed from the property within
twenty -eight (28) months from the date of final approval of the conditional
use application.
TO: 1. The temporary structure will be removed from the property by
December 26, 2014.
FROM: 7. The owner will post a Removal Bond or Letter of Credit with the City,
in the amount of $28,500 to guarantee removal of the temporary structure
within 28 months of the date of final approval of the conditional use
application, or, immediately upon revocation of the temporary use
approval by the City for non - compliance with the time frames listed in
subsections (c), (d) and (e) above. If not removed from that time limit, the
City may draw upon the bond and have the structure removed. The City
MIAMI 3851556.3 79445/37084
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Joanne Carr, Community Development Director
September 11, 2013
Page 4
shall be entitled to an administrative fee of $5,000 for the removal
process.
TO: 7. The owner will post a Removal Bond or Letter of Credit with the City,
in the amount of $28,500 to guarantee removal of the temporary structure
by December 26, 2014, or, immediately upon revocation of the temporary
use approval by the City for non - compliance with the time frames listed in
subsections (c), (d) and (e) above. If not removed from that time limit, the
City may draw upon the bond and have the structure removed. The City
shall be entitled to an administrative fee of $5,000 for the removal
process.
F. Recorded Instruments
As part of the previous approvals, our client submitted a Declaration of Restrictions
Regarding Temporary Structure. Please consider this our formal request for approval of
modification of the declaration to coincide with this reqest.
G. Summary
The proposed modification to the conditional use approval, along with the parking
variance is consistent with the City's zoning and comprehensive plan designations. Further, the
site plan has been designed in a manner compatible with the surrounding community. As
detailed above, the development will not negatively impact the surrounding area and extending
the use of the temporary structure, based on the existing installed landscaping and maintenance
of the structure, will have minimal, if any, impact on the remaining properties.
Our client is proceeding diligently with proceeding with construction of the permanent
facility, and has expended in excess of $3 million toward the development of the project.
Based on the foregoing, we respectfully request the City grant our client's request for a
modification of the conditional use approval along with a parking variance.
Thank you for your review of the foregoing. Should you have any questions or wish to
discuss the above, please do not hesitate to contact me at 305 - 350 -2351.
Sincerely,
Stanley B. Price
SBP /BSA/mp
Attachments
MIAMI 3851556.3 79445/37084
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
06- VAR -13
RESOLUTION NO. 2011-47
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT A SYNAGOGUE ON PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF NE 185 STREET AND NE 28 COURT, CITY
OF AVENTURA AND LEGALLY DESCRIBED AS TRACT "F ", MERCO
AT AVENTURA, PLAT BOOK 166, PAGE 58, PUBLIC RECORDS OF
MIAMI -DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned RMF4, Multifamily High
Density Residential District; and
WHEREAS, the applicant, Lubavitch Center Aventura South Inc., through
Application No. 03 -CU -11 is requesting conditional use approval to permit the
establishment of a synagogue on its property located at the southeast corner of NE 185
Street and NE 28 Court, City of Aventura in the Multifamily High Density Residential
(RMF4) District; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to permit the establishment of a
synagogue in the RMF4, Multifamily High Density Residential District, is hereby granted
to the Applicant, on property legally described as Tract F of Merco at Aventura,
Exhibit #3
06- VAR -13
Resolution No. 2011 -47
Page 2
according to the plat thereof recorded in Plat Book 166, Page 58 of the Public Records
of Miami -Dade County, City of Aventura, Florida.
Section 2. Approval of the use of a temporary modular structure for twenty -eight
months from the date of final approval of the conditional use application to house the
synagogue while construction of the permanent structure is underway, is hereby
granted, subject to the following conditions:
The temporary structure will be removed from the property within twenty -eight
(28) months from the date of final approval of the conditional use application;
2. The temporary structure will be constructed in substantial compliance with the
plans entitled "Lubavitch Aventura South" prepared by Schapiro Architects and
Fortin Leavy Skiles Inc. dated June 27, 2011;
3. The owner will submit an application for site plan approval to the City for the
permanent structures within two (2) months of final approval of the conditional
use application;
4. The owner will submit an application for building permit for the permanent
facility within four (4) months of the date of final administrative site plan
approval;
5. The owner will commence construction of the permanent synagogue structure
within thirteen (13) months of the date of final conditional use approval;
6. The temporary use approval will be revoked by the City for non - compliance
with any of the time frames for submission of the site plan application, for
submission of the building permit application and /or for commencement of
construction;
7. The owner will post a Removal Bond or Letter of Credit with the City, in the
amount of $28,500 to guarantee removal of the temporary structure within 28
months of the date of final approval of the conditional use application, or,
immediately upon revocation of the temporary use approval by the City for non-
compliance with the time frames listed in subsections (3), (4) and (5) above. If
not removed within that time limit, the City may draw upon the bond and have
the structure removed. The City shall be entitled to an administrative fee of
$5,000 for the removal process;
Resolution No. 2011 -47
Page 3
8. The owner will make no request for extension of the twenty -eight (28) month
time limit for the temporary use;
9. The owner will contract with the Aventura Police Department, at its expense,
for pedestrian and vehicular control during the high holy days. The dates and
times for use of the Aventura Police Department for this purpose shall be
provided to the City Manager;
10. Prior to issuance of a building permit for the temporary structure, the applicant
shall record a Restrictive Covenant on title, containing all the conditions above,
and shall provide the Removal Bond or Letter of Credit to the City, both in form
approved by the City Manager and City Attorney.
Section 3. Any discontinuation of the approved conditional use for a period of
one hundred and eighty (180) consecutive days shall constitute abandonment and shall
rescind this approval.
Section 4. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Diamond, who moved its
adoption. The motion was seconded by Commissioner Weinberg, and upon being put
to a vote, the vote was as follows:
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Zev Auerbach
yes
Mayor Susan Gottlieb
yes
Resolution No. 2011 -
Page 4
PASSED AND ADOPTED this 12th day of July, 2011.
SUSAN GOTTLIEB, Mayor
ATTE T:
T SA M. SORO MC
Cl CLERK
APPR/OVEEDD A /S�TO EGAL SU FTCIENCY:
it Y A
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this ;U day of July, 2011
C r CLERK
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This instrument was prepared by:
Brian S. Adler, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, Suite 2300
Miami, Florida 33131
1 1111111111111111 VIII 11111 1111111111 IN 1111
CFN 2101 1 R0 507 139
OR B.k 27775 Fes 0468 - 473,4 (6v9s)
RECORDED 0810112011 10:36:33
HARVEY RUVIN? CLERK OF COURT
MIAMI-DADE COUNTY: FLORIDA
(Reserved for Cleric)
DECLARATION OF RESTRICTIONS
REGARDING TEMPORARY STRUCTURE
THIS DECLARATION OF RESTRICTF
REGARDING TEMPORARY STRUCTURE
( "Declaration ") is made this g�5 day of _' 2011, by Lubavitch Center Aventura South, Inc..
a Florida non- for -profit corporation ( "Owner'
WHEREAS, Owner holds the fee simple title to the land in the City of Aventura, Florida
( "City ") described in attached Exhibit "A ", and hereinafter called the ("Property"),
IN ORDER TO ASSURE the City that the representations made by the Owner during
consideration of Application No. 03 -CU -11 ( "Application ") will be abided by the Owner freely,
voluntarily and without duress, Owner submits this Declaration covering and running with the Property:
(1) Specific Restriction Related to Temporary Structure.
(a) As part of the Application, Owner is requesting temporary approval to occupy a modular
structure ( "Temporary Structure ") on the Property for religious purposes while Owner proceeds
with approval and construction of the permanent facilities.
(b) In consideration of the approval allowing the use of the temporary structure, the Owner
covenants and agrees that the Temporary Structure shall be removed from the Property within 28
months from the date of final approval of the Application.
(c) The Temporary Structure shall be in substantial compliance with the plans entitled
"Lubavitch Aventura South Site Plan for Proposed Modular Building" prepared by Schapiro
Associates, consisting of 4 sheets, dated June 27, 2011, and plans entitled "Lubavitch Aventura
South' prepared by Fortin, Leavy, Sidles, Inc. consisting of 2 sheets dated June 27, 2011.
(d) Owner shall submit an application to the City for administrative site plan approval within
two (2) months of final City Commission approval of the Application, and shall submit an
application for building permit for the permanent religious facility within four (4) months from
final administrative site plan approval. Owner shall commence construction of the permanent
religious facility within thirteen (13) months of the date of final conditional use approval.
(e) In order to assure the City that the Temporary Structure will be removed from the
Property within 28 months from final approval, Owner will post a removal bond or a letter of
MIAMI 2577697.9 7944535695
Exhibit #7
06- VAR -13
,-
beclaration of Restrictions
Regarding Temporary Structure
Page 2
credit (collectively or singularly referred to as "Removal Bond ") to the City in the amount of
$28,500.00 to guarantee removal of the Temporary Structure and as provided in the conditions of
approval included within the City Resolution No. 2011 -47 which approved the Application. The
Owner shall be entitled to 15 days written notice from the City that the expiration of the 28
month period has expired or that Owner is in non - compliance with the conditions of Resolution
No. 201147, which approves the Application, and of the City's intent to remove the Temporary
Structure. Owner will not apply for an extension of the 28 month time limy. In the event the,
Temporary Structure is not removed within the 15 days, the City shall be entitled to draw on the
Removal Bond to cover the costs of relocating and removing the Temporary Structure.
Additionally, aside from the cost of the removal and relocation of the Temporary Structure, the
City shall be entitled to an administrative fee of $5,000.00 for the removal process. The
Removal Bond shall be required to be in place prior to the issuance of a building permit for the
placement of the Temporary Structure on the Property.
(f) Owner will contract with the City of Aventura Police Department, at Owner's expense,
for pedestrian and vehicular control during the "High Holy Days ". The time and dates for the
provision of services by the Aventura Police Department shall be provided to the City Manager.
(g) Notwithstanding the provisions of subsection (1)(e) above, the Temporary Structure
shall be removed immediately upon written notice by the City Manager if it is found by the City
Manager to be a nuisance, to endanger the public health or, to violate any condition of approval
of the Application, and the Removal Bond shall be drawn upon for said purpose.
(2) Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a
covenant running with the land and shall be recorded, at Owner's expense, in the public records
of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the
undersigned Owner, and its heirs, successors and assigns until such time as the same is modified
or released. These restrictions during their lifetime shall be for the benefit of, and limitation
upon, all present and future owners of the Property and for the benefit of the City and the public
welfare.
(3) Term. This Declaration is to run with the land and shall be binding on all parties and all
persons claiming under them for a period of time which commences upon the final adoption of
Resolution No. 2011 -47 approving the Temporary Structure and terminates upon the removal of
the Temporary Structure from the Property in accordance with this Declaration and said
Resolution, unless this Declaration is modified or amended in accordance with paragraph 4.
Notwithstanding the foregoing, in the event the Temporary Structure is removed from the
Property, this Declaration shall be released at Owner's request by a Release of Declaration of
Restrictions Regarding Temporary Structure, signed by the City Manager and recorded in the
Public Records, and the above Removal Bond shall be released by the City and returned to the
Owner.
MIAMI 2577697.9 7944535695
'Declaration of Restrictions
Regarding Temporary Structure
Page 3
(4) Modification Amendment Release. This Declaration may be modified or amended as to the
land herein described, or any portion thereof, by a written instrument executed by the then Owner
or Owners of all of the Property, including joinders of all mortgagees, if any, provided that the
same is also approved in writing by the City Commission after public hearing. For purposes of
modification or amendment of this Declaration, if a condominium or other :homeowners' or
property owners' association ( "Association ") is (are) created for portions or the Property, the
Association may execute the modification or amendment on behalf of the then Owners of the
portion of the Property encompassed by the Association so long as the Association demonstrates
that it has obtained the requisite vote required under the Association bylaws or other governing
documents to execute such amendment or modification.
Should this Declaration be so modified or amended, the City Manager or his designee, shall
forthwith execute a written instrument effectuating and acknowledging such modification,
amendment.
(5) Enforcement. Enforcement shall be by action against any parties or person violating, or
attempting to violate, any covenants herein. The prevailing party in any action or suit pertaining
to or arising out of this Declaration shall be entitled to recover, in addition to costs and
disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the
services of his attorney. This enforcement provision shall be in addition to any other remedies
available at law, in equity or both.
(6) Authorization for City to Withhold Permits and Insneetions. In the event the terms of this
Declaration are not being complied with, in addition to any other remedies available, the City is
hereby authorized to withhold any further permits, and refuse to make any inspections or grant
any approvals, until such time as this Declaration is complied with.
(7) Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be
cumulative and the exercise of any one or more shall neither be deemed to constitute an election
of remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights, remedies or privileges.
(8) Presumption of Compliance. Where construction has occurred on the Property or any portion
thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of
occupancy given by the City, then such construction, inspection and approval shall create a
rebuttable presumption that the buildings or structures thus constructed comply with the intent
and spirit of this Declaration.
(9) Severability. Invalidation of any one of these covenants, by judgment of Court, shall not affect
any of the other provisions which shall remain in frill force and effect.
MIAMI 2577697.9 7944535695
'Declaration of Restrictions
Regarding Temporary Structure
Page 4
(10) Recordins . This Declaration shall be filed of record in the public records of Miami -Dade
County, Florida at the cost of the Owner following the adoption of a final resolution of the City
Commission of the City of Aventura approving the Application.
(11) Owner. The term Owner shall include the Owner, and its heirs, successors and assigns.
[Execution Pages Follow]
MIAMI 2577697.9 7944535695
'Declaration of Restrictions
Regarding Temporary Structure
Page 5
Signed, witnessed, executed and acknowledged this &day of , 2011.
LUBAVITCH CENTER AVENjURA SOUTH, INC.
a Florida non-DirofiPedrd6ration.
President
[CORPORATE SEAL]
fwr.►�.w
ofty lobll� • ft as et i'1orld�
STATE OF FLORIDA r oo mi ttson
�
or�Iaaor,
ss t Oow.
COUNTY OF MIAMI -DADE )
The foregoing instrument was acknowledged before me this 0W `J day of ,
2011, by Rabbi Menachem M. Rosenfeld, as President of Lubavitch Center Aventura South Inc who is
personally known to me or who has produced J4946(- &WJLJ kotl � as identification, who
executed same for the purposes described therein.
URF.AL]
DONNAl.. afussarto Printed Name: )nf)a L
Navy PVa .stet of Florida M Commission Expires:
• My Como. 0911, 2012 Y P --
COM dW" # Do i"M Notary Public, State of Flo da at Large
iMM Urlr� t11MMM IMary Jlaa.
ACCEPTED BY THE C YO AVE RA
By:
Title: Cily Manager IZ
Date: �T --i a5, 'ZOIt. ---,2011
Approved to form and le l sufficiency on
this a0�day of C1 2011.
�r
T
MIAMI 2577697.9 7944535695
Declaration of Restrictions
Regarding Temporary Structure
Page 6
OR BK 27 775 F`Ga 047;3
LAST PAGE
EXHHIBIT "A"
DESCRIPTION OF PROPERTY
Tract F of Merco at Aventura, according to the plat thereof, as recorded
in Plat Book 166, Page 58, in the Public Records of Miami -Dade
County, Florida.
MIAMI 2577697.9 7944535695
Ex�e � i APPLICANT REPRESENTATIVE AFFIDAVIT
e
�4tY of
Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is
hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit,
which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and
identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows:
Name
Stanley B. Price Esp.
Brian S. Adler Esp.
Rabbi Menachem Rosenfeld
Morris Kaplan
Jaime Schapiro
Michael A. Vaz uez RE
Relationship (i.e. Attorneys, Architects, Landscape
Architects, Engineers, Lobbyists, Etc.)
Attorney
Attorney
Owner Representative, President
Consultant
Architect
Civil Engineer
Daniel Fortin Jr. Surveyor
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE
DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE
ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31- 71(B)(2)(IV) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE
APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT
BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS a(0 DAY OF u 2013.
OW
1
By: 1'1�a-bbi
Menachem Rosenfeld
Title: President
Address: 2941 N.E. 185 Street, #1301 *J(o k3 ?i0• G)
Aventura FL—&&% -- IN 0
STATE OF FLORIDA
COUNTY OFMIAMI -DADE
Before me the undersigned authority personally appeared Rabbi Menachem Rosenfeld as the owner, authorized representative
and President of the Applicant of the property subject to the application, who being first by me duly sworn, did swear or affirm that they
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this! day of f�U LAS , 2013.
JW Zunt
Notary Public State of Flo ida At
p Printed Name of Notary kAvl At
My commission expires: N04 D l 201 �D
JENNIFER ZUNIGA
MY COMMISSION # EE850437
Er
MIAMI 3772422.1 79445/37084 '�+.�� EXPIRES November 08, 2016
(407) 395 -0153 F%xWaWo9ary3ervice.co9
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with "x" applicable portions only)
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
[ ] 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:
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;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[ ] iv, A City Commissioner or Board member is a Client of the Applicant or Representative;
[ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
[ ] 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 g DAY OF J � 2013.
APPLICANT �REP`RESEKATIVE--- ?
By: �J �` (Signature)
Name: Stanley B, e (Print)
Title: Attorney (Print)
By: _ (Signature)
Name: Jaime Schapiro (Print)
Title: Architecht (Print)
By: (Signature)
Name. Daniel Fortin, Jr. (Print)
Title: (Print)
WITNESS MY HAND THIS DAY OF
PROPERTY OWNER:
By: (Signature)
Name: Rabbi Menachem Rosenfeld (Print)
Title: Owner Representative. President (Print)
2013.
By: _ (Signature)
Name: Brian S. Ad _.._.- (Print)
Title: Attorney'— (Print)
By: (Signature)
Name: Morris Kaplan (Print)
Title: Consultant (Print)
By: (Signature)
Name: Michael Vazquez (Print)
Title: Engineer (Print)
*The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2 -395 of the Aventura City Code.
MIAMI 3772351.1 79445/37084
WITNESS MY HAND THIS DAY OF .2013
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By:
(Signature)
By:
(Signature
Name: Rabbi Menachem Rosenfeld (Print)
Name:
Morris Kaplan
(Print)
Title: Owner /President
(Print)
Title:
Consultant
(Print)
By:
(Signature)
By:
(Signature
Name: Stan B. Price
(Print)
Name:
Jaime Schapiro
(Print)
Title: Attorney
(Print)
Title:
Architect
(Print)
By:
(Signature)
By:
(Signature
Name: Brian S. Adler
(Print)
Name:
Michael Vazquez
(Print)
Title: Attorney
(Print)
Title:
Engineer
(Print)
By:
(Signature)
By:
(Signature
Name: Daniel Fortin, Jr.
(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 information provided in the Affidavit becomes incorrect or
incomplete.
MIAMI 3 772 3 51.1 7944 5/3 7084
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared Rabbi Menachem Rosenfeld, the Affiant, who being first by me duly sworn, did swear or affirm that
he /she executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of , 2013.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared Stanley B. Price, the Affiant, who being first by
this Affidavit for the purposes stated therein and that it is true and correct. c-. f
SWORN TO AND SUBSCRIBED before me this A— day of �-.0 2013.
RY PUB MERCEDES?ADRON
P` y' MY COMMISSION # EE 02B472
rt
* EXPIRES'. November 9, 2014
�lgreoFF� °�`o<
Bonded ThruBudis% aryServrces
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Printed Name of Notary
My commission expires:
At Large
or affirm that he /she executed
Before me, the undersigned authority, personally appeared Brian S. Adler, Affiant, who being first by me duly sworn, did swear or affirm that he /she executed this
Affidavit for the purposes stated therein and that it is true and correct.
I Tm�
AFFIANT
SWORN TO AND SUBSCRIBED before me this /9 of
2013.
O1PPY�P�B(% MERCEDES PAl)'r+c'i•T.�% (� Q
r ' * MY COMMISSION # EE 0247:
d �
* EXPIRES: November 9.20'1!! No Public Sta f `
sr P7 BandedThru Budget Notary Services (`ed a. (Dn
4"e OF FO" Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared Morris Kaplan, the Affiant, who being first by me duly sworn, did swear or affirm that he /she executed
this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of , 2013.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
MIAMI 3772351.1 79445/37084
nT BUSINESS RELATIONSHIP AFFIDAVIT*
�°3'gre
This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with 'x' applicable portions only)
(XJ 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
[ ] 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:
(J
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;
(] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[ 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.
WITNESS MY HAND THIS i�DAY OF J J�- Y- 2013.
APPLICANT R—EPPRES
By: (Signature) By:_
Name: Stanley B.; - We (Print) Name:
Title: Attorney (Print) Title: _
By: (Signature) By: _
Name: Jaime Schapiro (Print) Name:
Title: Architecht (Print) Title: _
By: (Signature) By: _
Name: Daniel Fortin Jr. (Print) Name:
Title: (Print) Title: _
WITNESS MY HAND THIS DAY OF PU LAST 2013.
PROPER'-- 0
By: I
(Signature)
Name: bi Menachem Rosenfeld
(Print)
Title: Owner Representative. President
(Print)
(Signature)
Brian �ie _ (Print)
Attorney (Print)
(Signature)
Morris Kaplan (Print)
Consultant (Print)
(Signature)
Michael Vazquez (Print)
Engineer (Print)
*The terms 'Business Relationship," "Client," "Customer," Applicant,' "Representative" and "Interested Person" are defined in
Section 2 -395 of the Aventura City Code.
MIAMI 3772351.1 79445/37084
WITNESS MY HAND THIS DAY OF 2013
REPR SENTATIV : (Listed on Business Relationship Affidavit)
By: (Signature) By: (Signature
Name: Rabbi Menachem Rosenfeld (Print) Name: Morris Kaplan (Print)
Title: Owner /President (Print)
By: �-- (Signature)
Name: St B. Price (Print)
Title: Attorney (Print)
By _(Signature)
Name: Brian S. Adler
(Print)
Title: Attorney
(Print)
By:
(Signature)
Name, Daniel Fortin. Jr.
(Print)
Title:
(Print)
By:
(Signature)
Title:
(Print)
Title:
(Print)
By:
(Signature)
Title:
(Print)
Title:
(Print)
Title: Consultant (Print)
By: (Signature
Name: Jaime Schapiro (Print)
Title: Architect (Print)
By: (Signature
Name: Michael Vazquez (Print)
Title: Engineer (Print)
By:
(Signature
(Signature
Title:
(Print)
Title:
(Print)
By:
(Signature
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 information provided in the Affidavit becomes incorrect or
incomplete.
MIAMI 37723 51.1 79445/37084
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared Rabbi Menachem Rosenfeld, the A ff ant, who being first by me duly swom, did swear or affirm that
he/she executed this Affidavit for the purposes stated therein and that it is true and correct.
A FI
SWORN TO AND SUBSCRIBED before me this°31 to day of , 2013.
JENNIFER ZUNIGA
MY COMMISSION # EE850437
EXPIRES November 08, 2016
1407) gee -0153 Fbr dalloLvyServke.com
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Jeiqv%% lkylkcici
Ngtary Punic StaUf Florida Af Large
rnrn r ktv Luh�S q
Printed Name of Notary ZOO ko
My commission expires: ND J • 8
Before me, the undersigned authority, personally appeared Stanley B. Price. the Affiant, who being first by m, lo s r or affirm that he/she executed
this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this A— day of c 1. 2013.
,pPY PURii MERCEDES PADRON
* MY COMMISSION II EE 0284'2 Notary ublic State bf Florida At Large
* EXPIRallovembeT9, Wroga drOrl
g�gslt+otrY �ry100' Printed Name of Notary
f +rfa�d''e My commission expires:
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Before me, the undersigned authority, personally appeared Brian S. Adler Affiant, who being first by me duly swom, did swear or affirm that he/she executed this
Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this Lq_ day of .2013.
.VPY,P6aj MERCEDES PAD 401
'Q Iv * MY COMMISSION t EE 02*
* EXPIRES. November 9.211' Noli aPubli c 5ta fa �
° �� Bonded It, Sews Budo wey Sews (4I ' (-N
+�oen Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personalty appeared Morris Kaplan, the Affiant, who being first by me duly swom, did swear or affirm that he/she executed
this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of , 2013.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
MIAMI 3772351.1 79445/37084
BUSINESS RELATIONSHIP AFFIDAVIT"
This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with 'x" applicable portions only)
JXj 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
[ J 2. Affiant hereby discloses that it does ha 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:
[ J 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, cD- 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;
[) iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[ j iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ J
V. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
[ j vi. The member of the City Commission or Board is a Customer of the 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 L4�DAY OF J `'>\ Y 2013.
APPLICANT REPRE�EW*TlV€-.
By: ,�� (Signature)
Name: Stanley B. (Print)
Title: Attorney (Print)
By: Signature)
Name: J ' e Sc a it _ (Print)
Tine: hi ecb (Print)
By: ( /C ✓G�% '! (Signature)
Name. Daniel Fortin, _(Print)
Title: 0C S - (lfCS i 001 J (Print)
WITNESS MY HAND THIS DAY OF
PROPERTY OWNER:
By: (Signature)
Name: Rabbi Menachem Rosenfeld (Print)
Title: Owner Representative, President (Print)
By: (Signature)
Name: Brian S. Adle (Print)
Title: Attorney-- (Print)
BY.,
(Signature)
Name: Moms Kaplan
(Print)
Title: Consultant
(Print)
— t
(Signature)
N6 me- Michael V
(Print)
Engineer %)('
(e (Print)
2013.
'The terms 'Business Relationship," "Client," "Customer,' Applicant," "Representative" and "Interested Person" are defined in
Section 2 -395 of the Aventura City Code.
MIAMI 3772351.1 79445/37084
WITNESS MY HAND THIS DAY OF
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: (Signature)
Name: Rabbi M n m Rosenfeld (Print)
Title: Owner /President (Print)
By: (Signature)
Name: StanIK B. Price (Print)
Title: Attorney (Print)
By:— (Signature)
Name: Brian S. Adler
(Print)
Title:
Title:
Ti ttome
(Print)
By" - "r
(Signature)
ame: Daniel Fortin Jr.
_(Print)
Title: M ff S •
(Print)
By:
(Signature)
Title:
Title:
(Print)
Title:
(Print)
By:
(Signature)
Title:
(Print)
Title:
(Print)
2013
By: (Signature
Name: Morris Kaplan (Print)
Title: Consultant (Print)
By: (Signature
Name: Jaime Schagiro (Print)
Title: Architect (Print)
B - ` (Signature
CNar6e/ Michael V uez (Print)
Title: Enoineer (Print)
By: (Signature
By: (Signature
Title:
(Print)
Title:
(Print)
By:
(Signature
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. 31-7 1 (b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
MIAMI 37723 51.1 79445/37084
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared Jaime Schapiro, the Affiant, who being first by me duly swom, did swear or affirm that he/she executed
this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of , 2013.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires;
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared Michael Vaz(iuez., the Affiant, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIA _.
SWORN TO AND SUBSCRIBED before me this ` day of 0, IV3—.
i
Notary Public State of Florida A114NIpA A,
Printed Name of Notary yp 4�i" % Notary Public State of Florida
My commission expires: Renee Baccari
Commission EE005123
� My Expires 09/07/2014
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared D ni 1 n the Affan o loaf wom. did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct
AFFIANT
SWORN TO AND SUBSCRIBED before me this I day of 2013.
1 1' � au
Notary Public State of Florida At Large
Printed Name of N ry �v ►o� Notary Public State of Florida
My cortunission ex I Renee Baccari
y� My Commission EE006123
?� ho Expires 09/07/2014
MIAMI 3772351.179445/37084
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI -DADS)
Before me, the undersigned authority, personally appeared Rabbi Menachem Rosenfeld, the Affiant who being first by me duty swum, did swear or affirm that
he/she executed this Affidavit for the purposes staled therein and that it is We and cored
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of , 2013.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Stanley B• Price. the Affiant who being first by
this Affidavit for the purposes stated therein and that it is true and carted r-% 1
SWORN TO AND SUBSCRIBED before me this 1�— day of jA (q, 2013.
ar ry PADFtOt'I
* * ptp: November 9, 2014
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Printed Name of Notary
My commission expires:
t'CCC��
At Large
or affirm that he/she executed
Before me, the undersigned authority, personally appeared Brian S. Adler. Affiant who being first by me duly swom, did swear or affirm that he/she executed this
Affidavit for the purposes stated therein and that it is true and sorted T--�
(� AFFIANT
SWORN TO AND SUBSCRIBED before the this ' day of . 2013.
PAi11+i, / � jjs
* My COM N fl EE Qfvj
EXPIRES' November 9.201 Noliry.Public s f l•-•
°�, A� Bghd�dThNBItlgM Sehvic fofN
Primed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI -0ADE)
Before me, the undersigned authority, personally appeared Morris Kaoisn, the Affiant, wm ho o be,�pp first ply nhtdnly srrertr �itl�wear or affirm that he/she executed
this Affidavit for the purposes stated therein and that it is true and corect
AFFIANT
SWORN TO AND SUBSCRIBED before me this !�� day of , 2013*NouW Sta At La e
1+ j Name of Notary
My commission expires: t 'J " ' JENNIFER UNDEWELD
E *: 1 = MY COMMISSION # DD 971031
-2 EXPIRES: march 14, 2014
Bonded Thru N
MIAMI 3772351.1 79445/37084 n W�ay public Undenrrlters
WITNESS MY HAND THIS DAY OF -2013
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
_____�
By: (Signature)
By:
(Signature
Name: Rabbi Menachem Rosenfeld (Print)
Name:
Morris Kaplan
(Print)
Title: Owner /President _ (Print)
Title:
Consultant
(Print)
By: (Signature)
By:
(Signature
Name: St B. Price (Print)
Name:
Jaime Schapiro
(Print)
Title: Attorney (Print)
Title:
Architect
(Print)
By: (Signature)
By:
(Signature
Name: Brian S. Adler (Print)
Name:
Michael Vazauez
(Print)
Title: Attorney (Print)
Title:
Enaineer
(Print)
By: (Signature)
By:
(Signature
Name: Daniel Fortin. Jr. (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 H 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 information provided in the Affidavit becomes incorrect or
incomplete.
MIAMI 37723 51.1 79445 /3 7084
BUSINESS RELATIONSHIP AFFIDAVIT*
%qfE
This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with "x* applicable portions only)
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
[ ] 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;
[ ] 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;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
[ ] 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 DAY OF
APPLICANT REPRESENTATIVE:
By:
Nar
Title
BY
Nar
DUE
By: (Signature)
Name: Daniel Fortin, Jr. (Print)
Title: (Print)
WITNESS MY HAND THIS DAY OF
PROPERTY OWNER:
By: (Signature)
Name:_ Rabbi Menachem Rosenfeld (Print)
Title: Owner Representative, President (Print)
2013.
2013.
By: (Signature)
Name: Brian S. Adler (Print)
Title: Attorney (Print)
By: (Signature)
Name: Morris Kaplan (Print)
Title: Consultant (Print)
By: (Signature)
Name: Michael Vazquez (Print)
Title: Engineer (Print)
*The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and Interested Person" are defined in
Section 2 -395 of the Aventura City Code.
MIAMI 3772351.179445/37084
WITNESS MY HAND THIS DAY OF
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: (Signature)
Name: Rabbi Menachem Rosenfeld (Print)
Title:_Owner /President (Print)
By: (Signature)
Name:, Stanley B. Price (Print)
Title: Attorney, (Print)
By:
(Signature)
Name:
Name: Bdan S. Adler
(Print)
Title: Attorney
(Print)
(Signature
By:
(Signature)
Name: Daniel Fortin Jr.
(Print)
Title:
(Print)
By:
(Signature)
Title:
(Print)
Title:
(Print)
By:
(Signature)
Title:
(Print)
Title:
(Print)
2013
By: (Signature
Fure
Title: Architect (Print)
By:
(Signature
Name:
Michael Vazquez (Print)
Title:
Engineer (Print)
By:
(Signature
By:
(Signature
Title:
(Print)
Title:
(Print)
By:
(Signature
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. 31-7 1 (b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
MIAMI 3772351.179445/37084
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared Jaime Schapiro, the Affiant,
this Affidavit for the purposes stated therein and that it is true and correct.
or affirm that he /she executed
d RAYMOND A. DOOIJARTO
AFFIANT V. �� ors Notary Public, State of Florida
CommissiorVi DD997834
SWORN TO AND SUBSCRIBED before me this My comm. expires June 2, 2014
of Public State f FI a i�
Print�of Notary -{.
My commission expires�U—ne dolo //
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared Michael Vazquez., the Affiant, who being first by me duly swom, did swear or affirm that he /she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of , 2013.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared Daniel Fortin, Jr., the Affiant, who being first by me duly swom, did swear or affirm that he /she executed
this Affidavit for the purposes stated therein and that it is true and correct
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of , 2013.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
MIAMI 3772351.179445/37084 3
RESOLUTION NO. 2013 -47
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM
SECTION 31- 171(b) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW FORTY -SIX (46) PARKING SPACES, WHERE
A MINIMUM OF EIGHTY -SEVEN (87) PARKING SPACES ARE REQUIRED
BY CODE; AND MODIFICATION TO CITY OF AVENTURA RESOLUTION
NO. 2011 -47 TO EXTEND THE TIME FOR USE OF THE TEMPORARY
STRUCTURE ON SITE TO DECEMBER 26, 2014 AND TO MODIFY
CONDITION NO. 8 OF SECTION 2. OF THE RESOLUTION; AND
MODIFICATION TO THE "DECLARATION OF RESTRICTIONS
REGARDING TEMPORARY STRUCTURE" TO EXTEND THE TIME TO
USE OF THE TEMPORARY STRUCTURE TO DECEMBER 26, 2014; ALL
FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NE 185
STREET AND NE 28 COURT, MUNICIPAL ADDRESS 18449 NE 28
COURT, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multifamily High
Density Residential District; and
WHEREAS, the applicant, Lubavitch Center Aventura South Inc., through
Application No. 06- VAR -13, is requesting Variance from Section 31- 171(b) of the City's
Land Development Regulations to allow forty -six (46) parking spaces where a minimum
of eighty -seven (87) parking spaces are required by Code; and Modification to City of
Aventura Resolution No. 2011 -47 to extend the time for use of the temporary structure
on site to December 26, 2014 and to delete Condition No. 8 of Section 2. of the
Resolution; and Modification of the "Declaration of Restrictions Regarding Temporary
Structure" dated July 25, 2011 to extend the time for use of the temporary structure to
December 26, 2014; all for property located at the southeast corner of NE 185 Street
and NE 28 Court, municipal address 18449 NE 28 Court, City of Aventura; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Variance Application meets the
criteria of the applicable codes and ordinances, to the extent the Variance Application is
granted herein; and
Resolution No. 2013 -47
Page 2
WHEREAS, the City Commission finds that it is in the best interests of the City to
modify Resolution No. 2011 -47 to extend the time for use of the temporary structure on
site to December 26, 2014; and
WHEREAS, the City Commission finds that it is not in the best interests of the
City to delete Condition No. 8 of Section 2. of Resolution No. 2011 -47; and
WHEREAS, the City Commission finds that it is in the best interests of the City
to modify the "Declaration of Restrictions Regarding Temporary Structure" dated July
25, 2011 to extend the time of use of the temporary structure to December 26, 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for a Variance from Section 31- 171(b) of the City's Land
Development Regulations to allow forty -six (46) parking spaces where a minimum of
eighty -seven (87) parking spaces are required by Code for the permanent synagogue at
18449 NE 28 Court, City of Aventura, on property legally described as follows:
Tract F, Merco at Aventura, according to the plat thereof recorded in Plat Book
166, Page 58 of the Public Records of Miami -Dade County, Florida, City of
Aventura
is hereby granted, subject to the following conditions:
(i) Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
(ii) Prior to issuance of a building permit, the applicant shall record this resolution in
the Public Records of Miami -Dade County. All expenses of such recordation shall be
borne by the applicant.
(iii) As proffered by the applicant, the reduced parking will be evaluated by the City
Manager one year after commencement of operation of the facility. The City Manager
will determine whether the reduced parking is creating a situation that warrants further
parking being provided on site. If the City Manager determines that additional parking
is required, the applicant agrees to install the required parking lifts in the garage. The
applicant has proffered to install the electrical service needed to power the lifts during
initial construction of the facility, in the event that the lifts are determined to be required
after the one year evaluation. The City Manager's determination will be issued by
written notice to the applicant.
Resolution No. 2013 -47
Page 3
(iv) The applicant shall record, at its expense, in the Public Records of Miami -Dade
County, Florida, in form satisfactory to the City Manager and City Attorney, a Covenant
agreeing to install the lifts if so required by written notice pursuant to Condition (iii)
above. The Covenant shall stipulate that if such written notice is issued by the City
Manager, the applicant will immediately order the lift mechanisms, shall apply to the
City for the necessary installation permits within sixty (60) days of the date of such
notice and shall complete installation within five (5) months of the date of the written
notice.
Section 2. Resolution No. 2011 -47 is hereby modified to extend the time for use
of the temporary use structure to December 26, 2014.
Section 3. Condition No. 8 of Section 2. of Resolution No. 2011 -47 is hereby
modified to provide that owner will make no request for extension for the removal of the
temporary use past December 26, 2014.
Section 4. The "Declaration of Restrictions Regarding Temporary Structure"
dated July 25, 2011 is hereby modified to extend the time for use of the temporary
structure to December 26, 2014.
Section 5. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 6. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution
was offered
by
Commissioner
, who
moved its adoption. The
motion
was
seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2013 -47
Page 4
PASSED AND ADOPTED this 1St day of October, 2013.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of October, 2013.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA =CM
City Manager
BY: Joanne Carr, AICP
Community Development Director
DATE: June 24, 2013
SUBJECT: Application to Amend Section 31 -145 (b) of the Land Development
Regulations to add Town Center Neighborhood (TC3) District
(01- LDR -13)
_-Wly 9, 2013 Local Planning Agency Agenda Item
illy 9, 2013 City Commission Meeting Agenda Item
October 1, 2013 City Commission Meeting Agenda Item s
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31 -145, "Town Center Zoning Districts" of the Land Development Regulations to
add regulations for a new mixed -use district, the Town Center Neighborhood (TC3)
District, to the section.
THE REQUEST
The owner of property on NE 207 Street at NE 30 Avenue is proposing a mixed -use
development proposal on its parcel. The west half of the property is designated as
Business & Office future land use category and is zoned B2, Community Business District
on the City Zoning Map. The east half of the property is designated as Medium -High
Density Residential and is zoned RMF3A, Multifamily. Medium Density Residential District.
The development proposal contains structures with a mix of commercial and residential
uses. Those mixed -use structures are not permitted in either the B2 or RMF3A zoning
districts. The request is to add a new mixed -use district to the City Code to facilitate the
current and any future similar development proposals. (See Exhibit #1 for Letter of Intent)
`— 'ACKGROUND
The City's Land Development Regulations currently contain a Town Center (TC1) District
which was included in the original 1999 Code to guide mixed -use development of a main
town center in the City. This district allows residential and non - residential mixed -use
development that generally complies with the RMF3 and B1 zoning districts and also
allows a lifestyle center that includes some B2 zoning district uses.
The Land Development Regulations also currently contain a Town Center Marine (TC2)
District, again included in the original 1999 Code, to guide mixed -use development in what
was then the marine industry area on and around NE 188 Street. This district allows
residential and non - residential mixed -use development that generally complies with the
RMF3 and B1 zoning district, but also recognizes the marine industry uses as permitted
uses_
DESCRIPTION OF THE PROPOSED AMENDMENT
The proposed text of the Town Center Neighborhood (TC3) District follows in underlined
text.
Sec. 31 -145. - Town Center Zoning Districts.
(c) Town Center Neighborhood (TC3) District. The following regulations shall apply to
all TC3 Districts:
(1) Purpose. This district is intended to provide suitable sites for the development of
structures and sites combining residential and commercial uses in a well - planned and
compatible manner in existing neighborhoods on property that provides lot frontage on at
least three public streets and does not front upon or access Biscayne Boulevard
Development in this district shall provide for indoor and/or outdoor commercial recreation
uses and shall provide a minimum of 20,000 square feet per gross acre of assisted living
facility use as part of its commercial uses. Residential densities shall not exceed 20
dwelling units per gross acre and non - residential intensity shall not exceed a floor area
ratio of 2.0.
(2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered
or used, or land used in whole or part for other than a combination of all of the following
specific uses, provided the requirements set forth elsewhere in this section are satisfied
a. Mixed -use structures. For the purposes of this subsection, mixed -use buildings
—or structures are those combining residential dwelling units conforming generally with the
intent of the RMF3, Multifamily Medium Density Residential District, with office and /or retail
2
commercial uses allowed in the B1 Neighborhood Business District, where the ratio of
)tal square feet dedicated to residential and non - residential uses is between 3.5:1 and
1:3.5.
b Assisted living facilities with a minimum of 20,000 square feet per -gross acre
and with a minimum gross floor area of 600 square feet per unit.
c. Indoor and outdoor commercial recreational uses with a maximum of 2,500
square feet of total floor area per establishment.
d Hotels with a minimum of 180 rooms and with a minimum gross floor area of a
rental sleeping room of 400 square feet.
(,3) Accessory uses permitted. Permitted incidental and accessory uses shall include:
a. Those uses allowed as accessory uses in the RMF3 Multi - Family Medium
Density Residential District, except for uses which, by their nature, would inhibit the
establishment of permitted commercial activities or restrict the acceptable mixing of
residential and non - residential uses.
b. Outdoor dining as an accessory use to a permitted restaurant or retail use.
,4) Conditional uses permitted. The following uses may be established if first approved as
a conditional use:
a.Those uses permitted in the B1 District with increased floor area.
b.Uses that exceed the height limitations of Section 31- 145(c)(6), including parking
structures.
c. Indoor and outdoor commercial recreation uses with more than 2,500 square
feet per establishment.
d. Aboveground storage tanks. Aboveground storage tanks (AST) only as an
accessory use and only for the purpose of storing fuel for emergency generators. ASTs
must conform to the following requirements:
1.Be of 550 gallons capacity or less.
2.Be installed and operated under a valid permit from the Miami -Dade County
Department of Environmental Resources Management.
3 Be fully screened by a masonry or concrete wall with a self - closing and lockinq
,etal door or pate Such wall shall be landscaped in accordance with the City's
Landscape Code.
4 Be located in a manner consistent with the site development standards of the
TC1 zoning district.
5 Installation of any AST shall require a building permit from the City. Application for
building permit shall be accompanied by a site plan indicating the location of the AST
relative to property lines the primary structure served by the AST, any other structures
within 300 feet as well as a landscape plan prepared by a Florida licensed architect or
landscape architect and other supporting documentation as deemed necessary by the City
Manager or designee.
e Floor areas that are less than the minimum floor areas required by the
provisions of Section 31- 145(c)(6)(g) hereof.
f Allocations of interior spaces for mixed -use structures other than as set forth in
Section 31- 145(c)(8) hereof.
g Structured parking that is not incorporated into the building envelope of a
primary use structure as required by Section 31- 145(c)(9) hereof.
h Structured parking that can be seen from a primary use building and that does
not have the area of the top level landscaped and /or decoratively paved in order to
provide amenity areas for building occupants, as required by Section 31 -238 of this
Code.
i Driveways with a separation of less than 150 feet of landscaped frontage as Iona
as it is determined as part of site plan review that:
1 Landscaping for the total project site exceeds the minimum requirements
of this Code, and;
2.Traffic studies indicate that a lesser distance between driveways does not
constitute a safety hazard to either vehicular or pedestrian traffic.
L. Off - street parking that does not meet the requirements of Section 31- 171(b) or
(d) of this Code.
k. All uses permitted in the CF District.
I For buildings that attain LEED& Gold or Platinum certification as provided in
Article VI of Chapter 14 of the City Code, increased lot coverage, provided that a
0
green roof and/or green rooftop amenities are provided and maintained for the
common benefit of building occupants and that increased Florida - Friendly tree
canopy and Florida - Friendly plantings designed to calm the heat island effect are
located on site all in an amount equal to the requested increased lot coverage.
m For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI of Chapter 14 of the City Code increased floor area ratio, not to exceed a
floor area ratio of 2.0.
(5) Uses prohibited Except as specifically permitted in this subsection (b), the
following uses are expressly prohibited as either principal or accessory uses:
a.Any use not specifically permitted.
b.Adult entertainment establishments,
c.Sale of goods to other than the ultimate consumer.
d Sales purchase display or storage of used merchandise other than
antiques.
e Sale of fruit or merchandise from trucks, wagons or other vehicles parked
on or along public or private streets or from open stands or vacant lots. Such
business on private or public property shall be conducted only from within approved
permanent substantial buildings.
f.Any drive - through service facility.
6) Site development standards.
a.Minimum lot size: 5 gross acres.
b.Minimum lot width: 100 feet.
c.Maximum lot coverage: 45 percent_ of total lot area, provided that if eight
(80 %) percent or more of the required parking spaces is provided in a parking
structure, lot coverage may be increased to a maximum of 55 percent of the total lot
area
d.Maximum floor density:
1.Residential component: 20 dwellinq units per qross acre
2. Nonresidential component: 2.0 floor area ratio.
e.Maximum height: Four stories or 50 feet, inc_ludinggarking structures.
f. Setbacks
1. Front: 25 feet.
2. Side: There is no side yard setback required for a lot that is not
ad'acent to a street or alley, unless such setback is necessary to provide
light and air to residential units. In such cases a side yard setback of 20 feet
in depth is required.
3. Street Side: 20 feet.
4.Rear: There is no rear yard setback required for a plot not adjacent
to a street or alley, or where such setback is necessary to provide light and
air to residential units In such cases a rear yard setback of 20 feet in depth
is required.
5. Rear Street: 20 feet.
6 Between buildings: No minimum building separation distance is
normally required except where necessary to provide light and air to
residential units. In such cases, buildings may be no closer than 25 feet.
g.Minimum floor areas: The minimum floor area not including garage or
unairconditioned areas shall be as follows, except that conditional use approval
may be granted to authorize a reduction in the following minimum floor areas in
accordance with Section 31- 145(c)(4)(d):
Multiple family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 40 percent of the total number of
residential units within a building.
h. Required open space: A minimum of 35 percent of the total lot area of the site
shall be provided as common open space available for use by all residents or
consumers; of this common open space a minimum of one -half shall be unencumbered
with any structure (except for play equipment for children and associated mounting
fencing and furniture) and shall be landscaped with grass and vegetation approved in a
landscape plan. The remaining one -half may be used for non - commercial recreational
facilities, amenities, pedestrian walks, entrance landscaping and features (not including
gatehouses and associated vehicle waiting areas), or maintenance facilities.
(7) Accessibility for Mixed -Use Structures. All residential units shall be accessible
to the outside via an entry lobby that does not require residents to pass through a leasable
commercial space.
(8) Allocation of interior space for Mixed -Use Structures. Retail stores, personal
services, banks and financial_ services, indoor commercial recreation uses, restaurants
and coffee houses, schools, nursery schools and child care centers are allowed only on
the ground floor of mixed -use buildings. Offices and medical offices are allowed only on
the ground and second floors. Residential uses are allowed only on the second or higher
floors. In accordance with Section 31- 145(c)(4)(e), conditional use approval may be
:.ranted to authorize a waiver from such requirements for allocations of interior space in
nixed -use structures.
(9) Performance Standards Any structured parking serving the primary use on the
site shall be incorporated into the building envelope and shall be compatibly designed
Such parking structure shall comply with all minimum setback and buffer )lard
requirements Parking structure ceiling heights shall be seven feet six inches except where
greater heights may be required by other regulatory agencies. Pipes, ducts and
mechanical equipment installed below the ceiling shall not be lower than seven feet zero
inches above finished floor, In accordance with Section 31- 145(c)(4)(f), conditional use
approval may be granted to authorize a waiver from the requirements that structured
parking be incorporated into the building envelope of a primary use structure and that such
structured parking conform to Section 31 -238.
(10) Design Standards. All development in the TC3 Zoning District shall be
compatible with existing adjacent development. Specifically, when greater heights are
immediately adjacent to existing development such height shall be graduated by steps so
that the part of the structure within fifty (50) feet of the property boundary is the same or
lower height as existing adjacent residential development. Development in the TC3 district
shall substantially comply with the applicable "Town Center Design Guidelines ", as
rovided by the City Manager and adopted through Ordinance No. 2006 -02 on February 7
2006.
ANALYSIS
The proposed Town Center Neighborhood (TC3) District, detailed above, has been drafted
using the same format as the TC1 and TC2 districts but is distinct from the TC1 and TC2
zones in that it is intended to guide mixed -use development in existing neighborhoods in
the City. It proposes a specific mix of residential and non - residential development that
generally complies with the RMF3 and B1 zoning districts, similar to the TC1 and TC2
districts, but without the lifestyle center use permitted in the TC1 district and without the
more expansive marine industry uses in the TC2 district.
The TC3 district adds assisted living facility, indoor and outdoor commercial recreation
and hotel to the required mix of non - residential uses, reduces maximum residential density
from 25 dwelling units per acre as permitted in the TC1 and TC2 district to 20 dwelling
units per acre and contains the same conditional and prohibited uses as the TC1 district.
The site development standards are similar to the TC1 district, with the exception of the
minimum lot area which is increased from 16,000 square feet to 5 gross acres to be
consistent with the corresponding lot size requirement in the Town Center future land use
category in the City's Comprehensive Plan and with the exception for increased lot
,—coverage from 45 percent to 55 percent if more than 80 percent of required parking
;paces is provided in a parking structure.
7
,„„There is one amendment proposed to the zoning category subsequent to the City staff
-esentation at the May, 2013 workshop meeting. As presented, the zone requires a mix
of residential and non - residential uses at a ratio between 3:1 and. 1.3. The applicant has
requested that this ratio be changed to 3.5:1 to 1:3.5, due to the decrease in maximum
number of residential dwelling units. The existing TC1 and TC2 zoning categories allow a
maximum of 25 dwelling units per acre. This proposed TC3 district allows a maximum of
20 dwelling units per acre. By reducing the maximum number of dwelling units per acre,
and thus square footage of the residential portion of the mix, the ratio causes a
corresponding decrease in the non - residential portion of the development. The ratio
between 3.5:1 to 1:3.5 will provide an equilibrium between the desired reduction in
residential units and development of non - residential uses.
Any proposal to develop in accordance with the TC3 district will require an underlying
future land use designation of Town Center as described in the City's Comprehensive
Plan. The Town Center future land use category encourages hubs for future urban
development intended to serve the City's existing and future residents and businesses
with design- unified development providing direct accessibility by mass transit service and
high quality urban design. It provides for a design that encourages convenient, internal
pedestrian circulation and is intended to create identifiable centers of activity with a
distinctive sense of place. The proposed Town Center Neighborhood use regulations are
compatible with this future land use category language.
Staff provides the following analysis of the request using the standards for reviewing
roposed amendments to the text of the Land Development Regulations contained in
Section 31 -77 of the City Code.
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. The intent of the Town Center land use designation is described
in the Future Land Use Element of the City's Comprehensive Plan. This category
encourages hubs for future urban development intended to serve the City's existing
and future residents and businesses with design- unified development providing direct
accessibility by mass transit service and high quality urban design. It provides for a
design that encourages convenient, internal pedestrian circulation and to create
identifiable centers of activity with a distinctive sense of place. The proposed Town
Center Neighborhood district regulations are compatible with this future land use
language.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
0
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. "The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City..." The proposed amendment is consistent with this
purpose. The proposed amendment and it accompanying design guidelines along with
the site development standards of the district will aid in the harmonious, orderly and
progressive redevelopment of the City.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City, for the reasons
provided in Paragraph 3 above.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for regulations and a process by which to
approve development or redevelopment of a property within a Town Center
Neighborhood District in the City.
9
B c RCOW RADG LL & F cR NAN D GZ
ZONINS, L.ANid USE ANO EN\/IfRONMEN`TAL LAW
DIRECT LINE 305.377 -6238
E- MAIL mmarrero(albrzoninglaw com
VIA FACSIMLE AND E -MAIL
June 27, 2013
Ms. Joanne Carr
Corununity Development Director
City of Aventura
19200 West Country Club Drive, 4u1 Floor
Aventura, Florida 33180
Re: Land Development Code Amendment Regarding TO Zoning District
Dear Joanne.-
This law firm represents Integra Investments, LLC (the "Applicant "), with
regard to an application to amend the City of Aventura Land Development Code
to provide for an additional Town Center (Mixed Use) Zoning District TC3,
The Applicant seeks to develop the assemblage of properties at the SW corner of
NE 207 Sheet and 30u1 Avenue (the "Property ")
The Applicant recently acquired the Property, which was the subject of
prior approvals for City Place at Aventura. The prior project included a inix of
residential and commercial uses and remains zoned B2 and RMF3A. The
Applicants seeks to develop a true mixed use project, with a focus on some uses
that have been identified as desirable uses by the Aventura corninunity. These
include a high quality Assisted Living Facility and a retail entertainment area, as
well as a hotel, other retail uses and some residential units.
Presently, the Applicant has been working with staff to craft a language
that will allow such uses, in addition to being consistent with the objectives of
the Town Center. While these uses have been identified as a need in the
community, the existing Town Center districts would not allow them as
currently drafted. .
EXHIBIT #1
01- LDR -13
._wAcHOVW- FINANCIAL -CENTEE" - 200- SOtTTH - BISCAYNE-8Ql7tEVAR`D- -SUITE 850 -•- MIAMI -- FLORIDA -S313T
PHONE. 305.374.5300 • FAX. 305.377.6222 • WWYV.BRZONINOL AW.COM
Ms. Joanne Carr
June 27, 2013
Page 2
Section 33 -77(g) of the City Code provides standards that staff and the
City Corrunission shall consider when reviewing proposed amendments to the
text of the City's Land Development Regulations (the "LDRs "). The Applicant's
request addresses each of the standards as follows:
(1) The proposed amendment is legally required.
In order for the Property to be developed as discussed with staff and the
City Corrunission, the proposed amendment to the LDRs must be
approved and is thus required.
(2) The proposed amendment is consistent with the goals and
objectives of the Comprehensive Plan.
The proposed changes are consistent with the goals and objectives of the
Comprehensive Plan, specifically the Town Center designation. The
Applicant's property is currently not designated as a Town Center on the
Comprehensive Plan Future Land Use Map. However, the Applicant will
be seeking such an amendment upon approval of this request.
(3) The proposed amendment is consistent with the authority and
purpose of the LDR.
The proposed amendment is consistent with the authority and purpose of
the LDRs, as described in Section 31 -2 of the City Code.
(4) The proposed amendment furthers the orderly development of the
City.
The proposed amendment certainly furthers the orderly development of
the City. Currently, the Property remains undeveloped and the Applicant
is proposing several uses which will fill a need within the Aventura
community.
(5) The proposed amendment improves the administration or execution
of the development process.
Since the uses being proposed are consistent with the goals and objectives
of the Town Center, the approval of the amendment will improve the
administration or execution of the development process.
- _ - -- - $F --Rco w-R74t3c-LL & F-F-RNAN -DEZ_ ___ __
ZONINQ, NANO use ANC ENVIFIONM ENTAL LAw
Ms. Joanne Carr
June 27, 2013
Page 3
For all the foregoing reasons, the applicant respectfully requests your
department's favorable review and recommendation of this application. Should
you have any questions, corronents, or require additional information, please do
not hesitate to phone my direct line at (305) 377 -6238.
Sincerely yours,
J�
Michael J. Marrero
- BEReo�v- RAt�t -t_ Ftt�Ar�t�_Ez
Z<D"'"C3. LANG USE ANO ENVIPIONMENTAL LAW
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31 -145 "TOWN CENTER ZONING DISTRICTS" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS BY ADDING "TOWN
CENTER NEIGHBORHOOD (TC3) DISTRICT" TO THE SECTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura ( "City Commission ") is
desirous of amending Section 31 -145 "Town Center Zoning Districts" of Chapter 31
"Land Development Regulations" of the Code of Ordinances ( "City Code ") to provide for
a Town Center Neighborhood (TC3) District consisting of a mix of residential and
commercial uses and providing for indoor and /or outdoor commercial recreation uses,
assisted living facilities and hotels; and
WHEREAS, the Town Center future land use category applicable to the Town
Center Neighborhood (TC3) zoning district encourages hubs for future urban
development intended to serve the City's existing and future residents and businesses
with design- unified development providing direct accessibility by mass transit service,
.and high - quality urban design, and the City Commission finds that the inclusion of a
Town Center Neighborhood District is consistent with the applicable Town Center future
land use category; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
during the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has reviewed the proposed amendment, and
finds that it is in the best interests of the public to amend Section 31 -145 of Chapter 31
"Land Development Regulations," as set forth in this Ordinance; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
Ordinance No. 2013 -
Page 2
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The foregoing whereas clauses are hereby ratified and
incorporated within this Ordinance.
Section 2. City Code Amended. That Section 31 -145 "Town Center
Zoning Districts" of Article VII "Use Regulations" of Chapter 31 "Land Development
Regulations" of the City Code is hereby amended to read as follows':
Sec. 31 -145. - Town Center Zoning Districts.
(d) Town Center Neighborhood (TC3) District. The following regulations shall apply
to all TC3 Districts:
(1) Purpose. This district is intended to provide suitable sites for the development of
structures and sites combining residential and commercial uses in a well - planned and
compatible manner in existing neighborhoods on property that provides lot frontage on
at least three public streets and does not front upon or access Biscayne Boulevard.
Development in this district shall provide for indoor and /or outdoor commercial
recreation uses and shall provide a minimum of 20,000 square feet per gross acre of
assisted living facility use as part of its commercial uses. Residential densities shall not
exceed 20 dwelling units per gross acre and non - residential intensity shall not exceed a
floor area ratio of 2.0.
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than a combination of all of the
following specific uses, provided the requirements set forth elsewhere in this Section
are satisfied:
a. Mixed -use structures. For the purposes of this subsection, mixed -use
buildings or structures are those combining residential dwelling units conforming
generally with the intent of the RMF3, Multifamily Medium Density Residential District,
with office and /or retail commercial uses allowed in the 131, Neighborhood Business
District, where the ratio of total square feet dedicated to residential and non - residential
uses is between 3.5:1 and 1:3.5.
1 Underlined provisions constitute proposed additions to existing text.
Ordinance No. 2013 -
Page 3
b. Assisted livinq facilities with a minimum of 20,000 square feet per gross acre
and with a minimum gross floor area of 600 square feet per unit.
c. Indoor and outdoor commercial recreational uses with a maximum of 2,500
square feet of total floor area per establishment.
d. Hotels, with a minimum of 180 rooms and with a minimum gross floor area of
a rental sleeping room of 400 square feet.
(3) Accessory uses permitted. Permitted incidental and accessory uses shall include:
a. Those uses allowed as accessory uses in the RMF3 Multi - Family Medium
Density Residential District, except for uses which, by their nature, would inhibit the
establishment of permitted commercial activities or restrict the acceptable mixing of
residential and non - residential uses.
b. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(4) Conditional uses permitted. The following uses may be established if first approved
as a conditional use:
a.Those uses permitted in the B1 District with increased floor area.
b.Uses that exceed the height limitations of Section 31- 145(d)(6), including
parking structures.
c. Indoor and outdoor commercial recreation uses with more than 2,500 square
feet per establishment.
d. Aboveground storage tanks. Aboveground storage tanks (AST) only as an
accessory use and only for the purpose of storing fuel for emergency generators. ASTs
must conform to the following requirements:
1.Be of 550 gallons capacity or less.
2.Be installed and operated under a valid permit from the Miami -Dade Countv
Department of Environmental Resources Management.
3.Be fully screened by a masonry or concrete wall with a self - closing and locking
metal door or gate. Such wall shall be landscaped in accordance with the City's
Landscape Code.
4.Be located in a manner consistent with the site development standards of the
TC1 zoning district.
Ordinance No. 2013 -
Page 4
5.Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location of the AST
relative to property lines, the primary structure served by the AST, any other structures
within 300 feet as well as a landscape plan prepared by a Florida licensed architect or
landscape architect and other supporting documentation as deemed necessary by the
City Manager or designee.
e. Floor areas that are less than the minimum floor areas required by the
provisions of Section 31- 145(d)(6)(g) hereof.
f.Allocations of interior spaces for mixed -use structures other than as set forth in
Section 31- 145(d)(8) hereof.
g.Structured parking that is not incorporated into the building envelope of a
Primary use structure, as required by Section 31- 145(d)(9) hereof.
h.Structured parking that can be seen from a primary use building and that does
not have the area of the top level landscaped and /or decoratively paved in order
to provide amenity areas for building occupants, as required by Section 31 -238 of
this Code.
i. Driveways with a separation of less than 150 feet of landscaped frontage as
long as it is determined, as part of site plan review that:
1.Landscaping for the total project site exceeds the minimum
requirements of this Code, and;
2.Traffic studies indicate that a lesser distance between driveways does
not constitute a safety hazard to either vehicular or pedestrian traffic.
i. Off - street parking that does not meet the requirements of Section 31- 171(b) or
(d) of this Code.
k. All uses permitted in the CF District.
I. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI of Chapter 14 of the City Code, increased lot coverage, provided that a
green roof and /or preen rooftop amenities are provided and maintained for the
common benefit of building occupants; and; that increased Florida - Friendly tree
canopy and Florida - Friendly plantings designed to calm the heat island effect are
located on site all in an amount equal to the requested increased lot coverage.
Ordinance No. 2013 -
Page 5
m. For buildings that attain LEED® Gold or Platinum certification as provided in
Article VI of Chapter 14 of the City Code, increased floor area ratio, not to exceed
a floor area ratio of 2.0.
(5) Uses prohibited. Except as specifically permitted in this subsection (b), the
following uses are expressly prohibited as either principal or accessory uses:
a.Any use not specifically permitted.
b.Adult entertainment establishments.
c.Sale of goods to other than the ultimate consumer.
d.Sales, purchase, display or storage of used merchandise other than
antiques.
e.Sale of fruit or merchandise from trucks, wagons or other vehicles
parked on or along public or private streets or from open stands or vacant lots.
Such business on private or public property shall be conducted only from within
approved permanent substantial buildings.
f.Any drive - through service facility.
(6) Site development standards.
a.Minimum lot size: 5 gross acres.
b.Minimum lot width: 100 feet.
c.Maximum lot coverage: 45 percent of total lot area, provided that if
eighty (80 %) percent or more of the required parking spaces is provided in a
parking structure, lot coverage may be increased to a maximum of 55 percent of
the total lot area.
d.Maximum floor density:
1.Residential component: 20 dwellina units per aross acre.
2. Nonresidential component: 2.0 floor area ratio.
e.Maximum heiaht: Four stories or 50 feet, including parkina structures.
f.Setbacks:
1.Front: 25 feet.
2. Side: There is no side vard setback reauired for a lot that is not
adjacent to a street or alley, unless such setback is necessary to provide
light and air to residential units. In such cases a side yard setback of 20
feet in depth is required.
3. Street Side: 20 feet.
4.Rear: There is no rear yard setback required for a plot not
adjacent to a street or alley, unless such setback is necessary to provide
Ordinance No. 2013 -
Page 6
light and air to residential units. In such cases a rear yard setback of 20
feet in depth is required.
5. Rear Street: 20 feet.
6.Between buildings: No minimum building separation distance is
normally required, except where necessary to provide light and air to
residential units. In such cases, buildings may be no closer than 25 feet.
q.Minimum floor areas: The minimum floor area not including garage or
unairconditioned areas shall be as follows, except that conditional use approval
may be granted to authorize a reduction in the following minimum floor areas in
accordance with Section 31- 145(d)(4)(d):
Multiple - family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 40 percent of the total number of
residential units within a building.
h. Required open space: A minimum of 35 percent of the total lot area of the
site shall be provided as common open space available for use by all residents or
consumers: of this common open space a minimum of one -half shall be
unencumbered with any structure (except for play equipment for children and
associated mounting, fencing and furniture) and shall be landscaped with grass and
vegetation approved in a landscape plan. The remaining one -half may be used for
non - commercial recreational facilities, amenities, pedestrian walks, entrance
landscaping and features (not including gatehouses and associated vehicle waiting
areas), or maintenance facilities.
(7) Accessibility for Mixed -Use Structures. All residential units shall be
accessible to the outside via an entry lobby that does not require residents to pass
through a leasable commercial space.
(8) Allocation of interior space for Mixed -Use Structures. Retail stores, personal
services banks and financial services indoor commercial recreation uses restaurants
and coffee houses, schools, nursery schools and child care centers are allowed only on
the ground floor of mixed -use buildings. Offices and medical offices are allowed only on
the ground and second floors. Residential uses are allowed only on the second or
higher floors. In accordance with Section 31- 145(d)(4)(e), conditional use approval may
Ordinance No. 2013 -
Page 7
be granted to authorize a waiver from such requirements for allocations of interior space
in mixed -use structures.
(9) Performance Standards. Any structured parking serving the primary use on
the site shall be incorporated into the building envelope and shall be compatibly
designed. Such parking structure shall comply with all minimum setback and buffer yard
requirements. Parking structure ceiling heights shall be seven feet six inches except
where greater heights may be required by other regulatory agencies. Pipes, ducts and
mechanical equipment installed below the ceiling shall not be lower than seven feet
zero inches above finished floor. In accordance with Section 31- 145(d)(4)(f), conditional
use approval may be granted to authorize a waiver from the requirements that
structured parking be incorporated into the building envelope of a primary use structure
and that such structured parking conform to Section 31 -238.
(10) Design Standards. All development in the TC3 Zoning District shall be
compatible with existing adjacent development. Specifically, when greater heights are
immediately adjacent to existing development, such height shall be graduated by steps
so that the part of the structure within fifty (50) feet of the property boundary is the same
or lower height as existing adjacent residential development. Development in the TC3
district shall substantially comply with the applicable "Town Center Design Guidelines ",
as provided by the City Manager and adopted through Ordinance No. 2006 -02 on
February 7, 2006.
Section 3. 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 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance may
be renumbered or re- lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Ordinance No. 20137
Page 8
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Joel, who moved its
adoption on first reading. This motion was seconded by Commissioner Luz Weinberg,
and upon being put to a vote was as follows:
Commissioner Enbar Cohen
yes
Commissioner Teri Holzberg
absent
Commissioner Billy Joel
yes
Commissioner Howard Weinberg
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Michael Stern
yes
Mayor Susan Gottlieb
yes
The foregoing Ordinance was offered by , who moved its
adoption on second reading. This motion was seconded by ,
and upon being put to a vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
PASSED on first reading this 9t" day of July, 2013.
Ordinance No. 2013 -
Page 9
PASSED AND ADOPTED on second reading this 1St day of October, 2013.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of October, 2013.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday anc
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MERCEDES ZALDIVAR, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /Ida Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING 10/1/2013
LUBAVITCH CENTER AVENTURA SOUTH, INC 06- VAR -13
in the XXXX Court,
was published in said newspaper in the issues of
09/19/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
Sworn to and su scribed before me this
1Adof S BER . A.D. 2013
(SEAL)
MERCEDES ZALDIVAR personally known to me
a1� " "'• B. THOMAS
Commission # DD 937532
Exores November 2, 2013
B= W TMu Troy Fain 61ww ce 8009857019
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Date and Time of Public Hearing: Tuesday, October 1, 2013
6:00 p.m.
Applicant Name /Number: Lubavitch Center Aventura South, Inc.
06- VAR -13
Applicant Request: Variance from Section 31- 171(b) of the City's
Land Development Regulations to allow 46 parking spaces, where a
minimum 87 parking spaces are required by Code for the permanent
religious use facility; and, Modification to City of Aventura Resolution No.
2011 -47 to extend the time for use of the temporary structure on site to
December 26, 2014 and to delete Condition No. 8 of Section 2. of the
Resolution; and, Modification of the "Declaration of Restrictions
Regarding Temporary Structure" dated July 25, 2011 to extend the time
for use of the temporary structure to December 26, 2014; all for property
located at 18449 NE 28 Court, City of Aventura.
Location of Subject Property: 18449 NE 28 Court, City of Aventura
Legal Description: Tract F, Merco at Aventura, according to the Plat
thereof as recorded in Plat Book 166, Page 58, of
the Public of Miami -Dade County, Florida, City of
Aventura
Plans are on file and may be examined during regular business hours at
the City of Aventura Government Center, Community Development
Department, 19200 West Country Club Drive, Aventura, Florida, 33180.
Plans may be modified at or before the Public Hearing. The application
may change during the hearing process.
The Public Hearing will be held in the City Commission Chamber at City
of Aventura Government Center at the address above. Your comments
may be made in person at the hearing or filed in writing prior to the
hearing date. Refer to applicant/property on correspondence and mail
same to City of Aventura Government Center, Community Development
Department at the address above. For further information, please call
(305) 466 -8940.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accornmodations 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 mode, which
record includes the testimony and evidence upon which the appeal is to
be based.
Teresa M. Soroka, MMC, City Clerk
9/19 13- 3- 407/2154775M
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
MERCEDES ZALDIVAR, who on oath says that he or she is the
LEGAL CLERK. Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING 10/1/2013
MAZAL 18 DEVELOPMENT, LLC 01- VAR -13
in the XXXX Court,
was published in said newspaper in the issues of
09/19/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
Sworn to an bscnbed before me this
19dd9 of SEPTEMBER D. 2013
(SEAL)
MERCEDES ZALDIVAR personally known to me
B. THOMAS
Commission # DD 937532
Expires November 2, 2013
yG'R,�q ra?' Bor4ed Ttxu Troy Fam Inaurao a 800.385.7019
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Date and Time of Public Hearing: Tuesday, October 1, 2013
6:00 p.m.
Applicant Name /Number: Mazal 18 Development, LLC
01- VAR -13
Applicant Request: Variance from Section 31- 171(b) of the City's Land
Development Regulations to allow 11 parking spaces, where a minimum
18 parking spaces are required by Code; and Variance from Section
31- 221(i)(2) of the City's Land Development Regulations to allow a 2 foot
wide perimeter buffer strip along the west limit of the vehicular use area,
where a minimum 7 foot wide perimeter buffer strip is required by Code;
and Variance from Section 31- 221(i)(2) of the City's Land Development
Regulations to allow a 0 foot wide perimeter buffer strip along the north
limit of the vehicular use area, where a minimum 7 foot wide perimeter
buffer strip is required by Code; and Release of previously approved City
of Aventura Resolutions Nos. 98 -50 and 2000 -25; all for a proposed
4400 square foot, one -story retail building at 17800 Biscayne Boulevard,
City of Aventura
Location of Subject Property: 17800 Biscayne Boulevard,
City of Aventura
Legal Description: Lots 11 and 12, Less the east 33.75 feet thereof, of
Maule Federal Highway Industrial Sites, according
to the Plat thereof as recorded in Plat Book 46,
Page 55, of the Public of Miami -Dade County,
Florida, City of Aventura
Plans are on file and may be examined during regular business hours at
the City of Aventura Government Center, Community Development
Department, 19200 West Country Club Drive, Aventura, Florida, 33180.
Plans may be modified at or before the Public Hearing. The application
may change during the hearing process.
The Public Hearing will be held in the City Commission Chamber at City
of Aventura Government Center at the address above. Your comments
may be made in person at the hearing or filed in writing prior to the
hearing date. Refer to applicant/property on correspondence and mail
same to City of Aventura Government Center, Community Development
Department at the address above. For further information, please call
(305) 466 -8940.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, (305) 466 -8901, not later than two business
days prior to such proceedings.
If a person decides to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
to be based.
Teresa M. Soroka, MMC, City Clerk
9/19 13- 3- 406/2154773M