Loading...
06-07-2005 A':!he City of rl.ventura -~, "-"."ot,--,."/ Local pmnnirlf ~o/ Susan Gottlieb, Mayor Q/y Manavr:r Eric M, Soroka, ICMA-CM Zev Auerbach Bob Diamond Harry Holzberg Billy Joel Michael Stern Luz Urbaez Weinberg City Clerk Teresa M. Soroka, CMC City Attornev Weiss Serota Helfman Pastoriza Guedes Cole & Boniske LOCAL PLANNING AGENCY AGENDA JUNE 7, 2005 - 6 PM Aventura Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. APPROVAL OF MINUTES: May 3, 2005 3. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 31-144(b) "NEIGHBORHOOD BUSINESS (Bl) DISTRICT" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE; TO PERMIT DRY CLEANING TO BE CONDUCTED ON PREMISES AS A CONDITIONAL USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE. 4. ADJOURNMENT. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be in attendance. A~ ,& '~~,..... MINUTES LOCAL PLANNING AGENCY MEETING MAY 3, 2005 6 PM Government Center 19200 w. Country Club Drive Aventura. Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. Present were Commissioners Bob Diamond, Billy Joel, Harry Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Auerbach, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M, Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. APPROVAL OF MINUTES: A motion to approve the minutes of the November 9, 2004 LPA Hearing was offered by Commissioner Diamond, seconded by Vice Mayor Auerbach and unanimously passed. A motion to temporarily adjourn at this time to consider certain items on the regular Commission meeting agenda was offered by Commissioner Joel, seconded by Vice Mayor Auerbach and unanimously passed. The meeting reconvened at 6:07 p.m. 3. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE "CITY"), PROVIDING FOR IMPOSITION OF A MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING DEVELOPMENT WHICH IS PROPOSED ON PROPERTY LOCATED EAST OF BISCAYNE BOULEVARD WITHIN ANY RESIDENTIAL OR COMMERCIAL ZONING DISTRICTS OF THE CITY; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES, APPLICABILITY, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to place this item on the floor for discussion was offered by Commissioner Joel, seconded by Commissioner Weinberg and unanimously passed. Mr. Soroka introduced John Shubin, Esq., who discussed his second opinion regarding implementation of a moratorium and responded to Commission's concerns. Mr. Soroka then presented a powerpoint presentation regarding the provision of emergency services within the City. Chief Ribel discussed access of emergency vehicles in the Williams Island area. Mayor Gottlieb opened the public hearing. The following individuals addressed the Commission: Burton Young, Esq., Williams Island; Wilma Felder, 3500 Island Boulevard; George Edelson, 2851 NE 183rd Street; Joel Hillman, 3000 Island Boulevard; Harold Severlan, Mystic Point; Lori Allen, Williams Island; Bob Mednick, 3530 Mystic Point Drive; Bobby Bide, 3375 N. Country Club Drive; David Cohen, Williams Island; Harvey Howken, 3900 Island Boulevard; Gunther Glazer, The Point; Lee Cooper, Williams Island; Scott Luongo, property owner; Clifford Schulman, Esq., 1221 Brickell Avenue; and Elaine Luxemburg, Williams Island. There being no further speakers, the public hearing was closed. A motion to recommend adoption was offered by Commissioner Auerbach, seconded by Commissioner Joel and passed unanimously by roll call vote. 4. ADJOURNMENT. There being no further business to come before the Local Planning Agency, the meeting adjourned at 8:35 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the LPA on 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: BY: Joanne Carr, AIC Planning Director FROM: DATE: May 24,2005 SUBJECT: Proposed Amendment to Section 31-144(b), "Neighborhood Business (B1) District" of the City's Land Development Regulations to permit dry cleaning on premises as a conditional use in the district (01-LDR-05) June 7, 2005 Local Planning Agency Agenda Item l 1st Reading June 7, 2005 City Commission Meeting Agenda Item '1 f.l 2nd Reading July 6, 2005 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission deny the request for amendment to Section 31-144(b), "Neighborhood Business District" of the City's Land Development RegulCltions to permit dry cleaning on premises as a conditional use in the district. THE REQUEST RJ LLC d/b/a Oxxo Care Cleaners is requesting an amendment to Section 31-144 (b) of the City's Land Development Regulations to permit dry cleaning on premises as a conditional use in the B 1, Neighborhood Business District. (See Exhibit #1 for Letter of Intent) ANALYSIS Standards for reviewing proposed amendments to the text of the LOR: 1. The proposed amendment is legally required. The proposed amendment is not legally required. The amendment is requested by the applicant to provide a mechanism for approval of a use not permitted in the Neighborhood Business District. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is not consistent with the goals and objectives of the Comprehensive Plan. Policy 5.1 of the Future Land Use Element provides that "when evaluating compatibility among proximate land uses, the City shall consider such factors as: noise, lighting, shadows, glare, vibration, odor, runoff, access, traffic, parking, heights, bulk, scale of architectural elements, landscaping, hours of operation, buffering and safety, as applicable." In staffs opinion, an amendment to provide for conditional use approval of a use in a B1 district that requires an Industrial Waste Permit for storage and collection of waste products does not meet the safety criteria in the compatibility measure. 3. The proposed amendment is consistent with the authority and purpose of the LOR. The proposed amendment is not 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..." Again, in staff's opinion, an amendment to provide for conditional use approval in a B1 district of a use that requires an Industrial Waste Permit does not preserve the public health, safety and welfare. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment does not further the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment does not improve the administration or execution of the development process. Description of the Proposed Amendment Oxxo Care Cleaners has applied for an amendment to Section 31-144(b), Neighborhood Business (B1) District of the City Land Development Regulations to allow dry cleaning on premises as a permitted use in the Neighborhood Business District. Currently, this district 2 allows only a drop-off/pick-up dry cleaning store. After discussion at its workshop meeting of April 25, 2005, the City Commission directed staff to prepare an ordinance for first reading allowing dry cleaning on premises as a conditional use in the B1 zoning district. The draft ordinance is attached. The Neighborhood Business (B1) zoning district is our lowest intensity district for business uses. The list of permitted and conditional uses is attached as Exhibit #2 and includes the following: . grocery stores and pharmacies limited to 2,000 square feet in total floor area . small retail stores limited to 5,000 square feet in floor area . personal service shops limited to 2,500 square feet of floor area. This category includes laundromats open not earlier than 7 a.m. and closed not later than 11 p.m, and photographic film pickup . offices limited to 20,000 square feet in floor area . banks and financial institutions excluding drive-through facilities . nursery schools, child center or adult day care with certain restrictions . antique shops . restaurants and coffee houses Conditional uses in the B1 zoning district include: . outdoor cafes . residential uses as a combination of permitted business uses with the floor area of the residential use not to exceed 50% of the floor area of the building . drive-through facility . above ground storage tanks for emergency generators with certain restrictions . all uses in the Community Facilities District In staff's opinion, dry cleaning on premises was originally not allowed in the B1 zoning district because of the incompatibility of this use with other uses in the district. The concerns would have been potential pollution of groundwater and other environmental emissions from use of the solvents used in the dry-cleaning process. Although new technology has produced dry-cleaning machines that do not use the environmentally damaging perchloroethylene chemical, they still use a solvent that requires an Industrial Waste Permit from the Miami-Dade County Department of Environmental Resources Management (DERM) to ensure that waste products are properly stored and disposed. None of the current conditional uses in the B1 district require an Industrial Waste Permit. Dry-cleaning on premises is currently a permitted and compatible use in the B2, Community Business District. The difference between the Neighborhood Business (B1) and the Community Business (B2) zoning districts is that the B1 district is intended for lower intensity neighborhood uses while the B2 district encompasses general commercial activity for a wide range of goods and services. 3 History of the Proposed Amendment The site that has made the application for amendment is located at 20708 Biscayne Boulevard, was the site of the former "Chemist" pharmacy. In 1999, when the City's Land Development Regulations were enacted, this site was zoned Medical Office (MO), as were all properties in the hospital triangle area west of Biscayne Boulevard and north of NE 203 Street. In January of 2004, this property, along with four others on the west side of Biscayne Boulevard, was rezoned from Medical Office to Neighborhood Business. This change was made to complement the 2004 zoning change in the south part of the hospital triangle, namely, the change in minimum lot size from 1.5 acres to .5 acres to encourage small offices, the requirement of streetscaping and street furniture; all to encourage a "hospital neighborhood district". Oxxo Care Cleaners opened its store as a drop off/pick up location in the fall of 2004. Prior to opening its store, the owner was aware that the zoning district did not allow dry cleaning on premises. Several months after opening, it applied for an amendment to allow that use. In its letter of intent, the applicant states that "...other uses of intensities similar to dry cleaning, such as Laundromats and photo processing are already permitted in the 81 zone. If the washing of clothes without limitation is permitted on premises in the 81 zoning district, it would appear that dry cleaning of clothes on premises should also be a permitted use..... Staff points out two corrections to that statement. Firstly, photo processing is not a permitted use in the B1 zone. Photographic film pickup only is allowed. Secondly; dry cleaning is not similar to washing of clothes. An IW5 Industrial Waste Permit is required by the Miami-Dade Department of Environmental Resources Management (DERM) for any dry cleaning plant. DERM has confirmed that laundromats do not require this permit. The permit is required for the particular type of dry cleaning plant proposed by Oxxo Care Cleaners due to the waste products (used filters) that must be properly stored and disposed of by a DERM approved hazardous waste collection service. Although the design and type of dry cleaning machine proposed for this location does not use the ground polluting perchloroethylene chemical, its waste products must still be properly stored and disposed. A photograph of the dry cleaning plant proposed at the Oxxo Care Cleaners store is attached as Exhibit #3. The other properties in the City that would be affected by this proposed amendment to the B1 zoning district are the four other B1 properties on the west side of Biscayne Boulevard, the Turnberry U Parcel at East Country Club Drive and Yacht Club Way and the Town Center (TC1) and Town Center Marine (TC2) districts which allows a combination of B1 and RMF3 uses. Proposed Amendment The amendment proposed by the applicant is to create a new ~aragraph 2(f) to Section 31-144(b) of the City's Land Development Regulations as follows: 1 Underlined provisions constitute proposed additions to existing text; strioken through provisions indicate 4 (b) Neighborhood Business (B1) District. ... (2) Conditional use. The following uses may be established if first approved as a conditional use: ... L Dry cleaninq conducted on premises onlv if the dry c1eaninq services are beinq directly provided to the ultimate consumer as a retail service. (Wholesale dry cleaninq services are not permitted.) Such dry cleaninq establishments must only use Class IliA. Class IIIB or Class IV solvents as defined in NFPA 32. The dry c1eaninq equipment shall be self-contained. completely enclosed and equipped with solvent recovery units which prevent emissions of obiectionable odors or effluents. and provided that such dry c1eaninq establishments must contain not more than 2.500 square feet of floor area. ... The proposed amendment would allow an on-site dry cleaning plant in the 81 zoning district to apply for conditional use approval under the City's Land Development Regulations. The Class iliA, 11I8 and Class IV solvents as defined in NFPA 32 (the National Fire Protection Association standards) have higher flash points (lower flammability) than other classes of solvents and are the solvents used in the type of dry cleaning plant proposed by the applicant. . proposed deletions from existing text. 5 Greenberg Traurig (W a; ~ ~ lA 10 r~ [.I 'I DEe 1 5 2004 I L-I CiV'.~IJ~'ITY DF""'.(lC)'".''' , ,'i', 'l ~ I ~ .. ',' I l ,!' ,I Cliffi -A-:-Sehttlman ..---_____._.. J (305) 579-0613 Direct Fax (305)961-5613 E-Mail: schulmanC@gtlaw.com December IS, 2004 Via Hand Deliveno Joanne Carr, Planning Director City of A ventura 19200 West Country Club Drive A ventura, Florida 33180 \ u Exhibit #1 01-LDR-05 Re: Application for Amendment of Sections 3I-144(b) "Neighborhood Business District Bl" of the City's Land Development Regulations! Letter of Intent Dear Ms. Carr: On behalf of RJ LLC d/b!a mom Care Cleaners, I respectfully submit this letter of intent in connection with the Application for Amendment of Sections 31-144(b) "Neighborhood Business District BI" of the City's Land Development Regulations. Currently, this neighborhood business district permits dry cleaning services not conducted on premises. The proposed amendment (copy attached) would permit dry cleaning services on premises "only if the dry cleaning services are being provided to the ultimate consumer as a retail service". The proposed amendment also explicitly prohibits wholesale dry cleaning services. This amendment would decrease the cost of dry cleaning services while increasing the level and quality of customer service. Please note that other uses of intensities similar to dry cleaning, such as laundromats and photo processing, are already permitted in the B I Zoning District. If the washing of clothes without limitation is permitted on premises in the B I Zoning District, it would appear that the dry cleaning of clothes on premises should also be a permitted use. We respectfully request that the City of Aventura give its favorable consideration to this matter. If you have any questions or wish to discuss this matter further, please contact me at 305- 579-0613. Many thanks for your attention to this matter. Sincerely, ~~-s~ '&'-'Clifford A. Schulman cc: Mr. Ricardo Moreno Greenberg Traurig, PAl Attorneys at Law 11221 Brickell Avenue I Miami, FL 33131 I Tel 305.579.0500 1 Fax 305.579.07171 www.gtlaw.com LAND DEVELOPMENT REGULATIONS ~ 31-144 (b) Neighborhood Business (BI) District. This district is intended to provide primarily for retail sales and services to a surrounding neighborhood. Retail stores permitted therein are intended to include primarily convenience goods which are usually a daily necessity for a residential neighborhood. The district is appropriate for location on a collector or an arterial roadway. (1) 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 one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: a. Grocery stores and pharmacies with each store limited to 2,000 square feet of total floor area. b. Stores for sale of new merchandise, directly to the ultimate consumer only, with each use limited to 5,000 square feet of total floor area per use and limited to the following: hardware, bakery, shoes, dairy, meat market, poultry shop, bookstore, newsstand, tailor shop, florist, giftlcard shop, optical, sporting goods, leather goods, music store, luggage, sundries, notions, tobacco products, bicycle sales, rentals and repairs, clothes, jewelry, arts and crafts, pottery shops, paint and wallpaper, artist studios and galleries, camera shops, small electronics and picture framing shop. c. Personal services with each use limited to 2,500 square feet of total floor area per use and limited to the following: dry cleaning (not conducted on premises), manicurist, travel agency, barbershop, beauty shop, shoe repair, video rental, postal facilities, drugstores, interior design, consumer electronic repair and small appliance repair, tailoring and alterations, photographic film pickup, laundromat open not earlier than 7:00 a.m. and not closed later than 11:00 p.m., and restaurant without drive-through facilities. d. Office uses such as the following, limited to 20,000 square feet per use: professional, business offices, medical outpatient or dental offices or clinics. Exhibit # 2 01-LDR-05 Supp. No. 10 CD31:76.2.1 LAND DEVELOPMENT REGULATIONS ~ 31-1.. e. Banks and financial institutions, excluding drive-through facilities, limited to 20,000 square feet per establishment. f. Nursery school, child center or adult daycare subject to the following standards: 1. Building shall be located at least 30 feet from any "R" zoned lands. 2. At least one completely fenced and secured play lot shall be established, maintained and used for children at play. 3. rlie fence shall be not less than five feet in height. 4. Play iots located closer than 50 feet to the plot line shall be screened by an opaque fence or wall or compact evergreen hedge not less than five feet in height. g. Institutions such as places of worship, librari"s, museums and similar facilities. h. Antique shops. L Restaurants and coffee houses or dining room where kitchen is screened or located altogether within an enclosed building or room and with ample provisions for carrying away or dissipating fumes, odors, smoke or noise and where premises are so arranged and the business is so conducted as not to be offensive or create a nuisance to occupants of adjoiniIJg premises or to passersby. j. Restaurants and cafes may serve alcoholic beverages where such service is strictly incidental to the service of food and from a service bar only provided no entertainment of any kind is furnished. k. No sign of any type or character shall be exhibited or displayed to the outside denoting that alcoholic beverages are obtainable withinlfu'ses accessory to any of the above uses when located on the same plot. , (2) Conditional use. The following uses may be established if first approved as a conditional use: a. Outdoor cafes. b. Residential uses as a combination of permitted business uses and residential uses housed in the same building; the floor area of the residential use shall not exceed 60 percent of the floor area of the building. c. Drive-through facility. 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 660 gallons capacity or less. 2. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. Supp. No.8 0031:76.3 ~ 31-144 AVENTURA CODE 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 B 1 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. All uses permitted in the CF District. (3) Uses prohibited. The permitted uses enumerated in this district shall not be construed to include, either as a principal or accessory use, any of the following: a. Any use not specifically permitted. b. Adult entertainment establishments as defined in the Land Development Regu- lations. c. Sale of goods to other than the ultimate consumer. d. Sales, display or storage of used merchandise other than antiques. e. Sale of alcoholic beverages for on-premises consumption except with meals. f. 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 ouly from within approved permanent substantial buildings. g. Purchase of used goods. (4) Limitatwns of uses and structures. Except for automobile parking lots and play areas of day nurseries of public and private schools, all activities of permitted uses, including sale, display, preparation aild storage, shall be conducted entirely within a completely enclosed building. Storage shall not be made above the height of the walls. Overhead doors or other openings larger than eight feet in width shall not be located on the front or immediate street side elevations of buildings. If oriented toward contiguous residentially zoned land said opening shall be screened in accordance with the requirements contained in this chapter. (6) Site development standards. a. Floor area ratio and lot coverage: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories. The total lot coverage permitted for all buildings on \ Supp. No.8 CD31:76.4 ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144(b) "NEIGHBORHOOD BUSINESS (B1) DISTRICT" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE; TO PERMIT DRY CLEANING TO BE CONDUCTED ON PREMISES AS A CONDITIONAL USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations of the City Code to permit dry cleaning to be conducted on premises in the B1 zoning district as a conditional use; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendments pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals AdoDted. hereby adopted and confirmed. That each of the above-stated recitals are Section 2. Code Amended. That Section 31-144(b) "Neighborhood Business (B 1) District" of Chapter 31 "Land Development Regulations" of the City Code is hereby amended by creating paragraph 2(f) to read, as follows 1: 1 Underlined provisions constitute proposed additions to existing City Code text; striskeR tRr9\JIlA provisions indicate proposed deletions from existing City Code text. Ordinance No. 2005- Page 2 (b) Neighborhood Business (B1) District. ... (2) Conditional use. The following uses may be established if first approved as a conditional use: L. Drv c1eanina conducted on premises on Iv if the dry cleanina services are beina directlv provided to the ultimate consumer as a retail service. (Wholesale dry cleanina services are not permitted.) Such dry cleanina establishments must onlv use Class IliA. Class IIIB or Class IV solvents as defined in NFPA 32. The dry cleanina eauipment shall be self-contained. completelv enclosed and eauipped with solvent recovery units which prevent emissions of obiectionable odors or effluents. and provided that such dry cleanina establishments must contain not more than 2.500 sauare feet of floor area. ... Section 3. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 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 relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Ordinance No. 2005- Page 3 Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by , who moved its , and adoption on first reading. This motion was seconded by upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this ih day of June, 2005. Ordinance No. 2005- Page 4 PASSED AND ADOPTED on second reading this 6th day of July, 2005. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, CMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney This Ordinance was filed in the Office of the City Clerk this _ day of July, 2005. l~ l-J' ll:~ l_<- _"".] I ........"Jll.,. J. _ ...... ......,)1.....4D1 l'iU.JJ.U "u~ . APPLICANT REPRESENTATIVE AFFIDAVIT P"'''al'/ to SeclIon 31-71(b)[2X'1 of Ihe City of -',enlura Land Oo'IeIop",enl Code. Ih~ Ap~lcanl Representati.. Allid... ~ hereby "'ade and sul>mil\ed, The undtl1igne~ aulhoriled represeneon'" 01 !he individual or enlity applying fo' th.Development Porrr;\, wNch Is idenlilled in IIle accompan~"9 appicahon.lI1d lI1a owrer of tho prOpeny lUbleCllo Ihe appiIclliM (H lI1Ierenl) hereby tiSls and IdonhtieS all i>Of$Ol1t ,epraenling Ihe individual or entity applying fur Ihe DevelOpment P"""il in connection wilh the ep~ication, as follow&: Name Relationship Ii., A"omoY'. MhnOCI', Lorldscapo Arr:lritscfs, Engineers. Lobbyists. Eta.) Clifford Schulman. Esa. Attornev Mario J. Garcia-Serrra, ESQ Attornev (Anach Addllional Sheels " Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY AllY PERSOtlllSTED ON TItf APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE lllNDING UPON THE INIlMOU~ DR ENTITY APPLYING FOR T~E DEVELOPMENT PERIIIT AND THE QWIlEIl. OF THE SUBJECT PROPERlY. APl'LICANTS AND AFFIANTS AIlE ADVISED TO TIMELY SUPPLEMEVT THIS AFFIDAVIT PURSUANT TO SEC. )1-11(8l(2)(1V) OF THE CITY'S lAND DEVELOPMENT REGULATIONS IN THE CllY CODE, IN THE E'II:HT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFOIlIIATIDN PROVIDED IN THE AFFIOAVIT BECOMES IICDRRECT OR INCOIIPLETE. By: WITNESS MY HAND THIS _ DAY OF AUTH~IZED REPRESEi'lTATIVE OF APPLICANT: By: 200_ Neme: (Sign~J (Pr1n~ Title: Address: Addrass: 1390 Brlcksll Awnua, Suile 200 Miami FL 33131 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Befortl me the undersigned authority personaly appeared Ricardo Moreno lIS the orile repre&en~O f the Appliesnt andlor Ihe owner of the property subject to the appllCetion. WhO being f.st Dy me duly sworn. . SWllIlt elf,"" lhat hel$ execuled Inis Aftida'/lllor lhe purpoeea 8llIled lherein and lhat It is true and correct < , . o'rJol AFFIAN SWORN TO AND SUBSCRIBED BEFORE ME IhlS !i)lfey of ~.e-HRdl 200 ~ Enl1quO Blll1to8 ~ Pu I . MyeommissionDD1~ ame \;.. ';I ExpiI9& Aprll22. ~y oommls8 ..- ^"J5', \ ~~.~~ 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) I xl 1, Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. I 12, 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; I) 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; II 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; 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. YHANDT)-OAYOF ,200_. ~ (Signature) Print) (Print) II vi. By: Name: Ri Title:Ma rd Moreno e WITNESS MY HAND THIS _ DAY OF PROPERTY OWNER: ,200_. By: Name: Title: (Signature) (Print) (Print) 'The tems "Business Relationship," "Client," 'Customer, " "Applicant," "Representative" and 'Interested Person" are defined in Section 2-395 of the Aventura City Code, WITNESS MY HAND THIS ~DAYOF ~ , 200_':( REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: fttuwJIc;~ (Signature) By: (Signature Name: Mario J. Garcia-Serra (Print) Name: (Print) Title: Attornev (Print) Title: (Print) ~/ (Signature) By: (Signature (Print) Name: (Print) Name: liflord A. Schulman Title: Attomev (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) B y: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Tille: (Print) By: (Signature) By: (Signature Title: (Print) Tille: (Print) Title: (Print) Tille: (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, 3 1-7 I (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. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) NOTARIZATION PROVISION Before me, the undersigned authority, personally appeared Clifford A. Schulman. ESQ. the Affiant, who being first by me duly sworn, did swear Of affinn that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. k . . ---- M&'~ ... SWORN TO AND SUBSCRIBED before me this..li day of -n~ < J''4)#';'\. Maria-Jose Lopez . ..~ ; My Commission 00373825 \.~ ,..:cf Expires December 03, 2008 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) ,200_~ ~ ~ eo "'''''lie Pnnted Name of Notary My commission expires: Before me, the unders~ned authority, personal~ appeared Mano J. Garcia-Serra, Eso. he/she executed this Affidav~ for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me th~ \ '-\ day of ~ '- . i'Sf a\. Maria-Jose Lopez \. ~ ; My Commission 00373825 .. .:.1' Expires December 03, 2008 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Ricardo Moreno executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant who being first by me duly sworn, did swear or affirm that ~~ AFFIANT ~~~ Printed Name of Notary My commission expires: ing first by ~swom, do swear or affirm that he/she r. AF SWORN TO AND SUBSCRIBED before me th~ ~y of /)""=..'ZAJ'lOO_L. . ue B..... "'~ 2nnQ .. oo11<)9lI5 I.. , My eomlT\l"'on 'v...;I E>qlllOO AplII22. ZlOO 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. the Affiant, who being first by me duly sworn, did swear or affinn that he/she SWORN TO AND SUBSCRIBED before me this _ day of AFFIANT ,201L Notary Publ~ State of Fk>rida At Large Printed Name of Notary My commission expires: c!i , . ..~ <~. o~ ,xo ~ . "('\' ,,'< ':"~;:'~O~ . ,,~ Proposed Unit at OXXO Care Cleaners 20708 Biscayne Boulevard Front view of dry cleaning unit '1 , Exhibit #3 01-LDR.05 . , ~ ~,",,' : I,' 1'1 ~ ;'~~~ I (~ I~~ II 1.."', ,\ ....~ :' ,tw1f II. . . ,\.,\,.. ~"" .. .,.:., .~ III - ~ ~.....~) .ci.p.J ... ." c, ...... '" 1 ~.- .~..~ Proposed Unit at OXXO Care Cleaners 20708 Biscayne Boulevard Rear view of dry cleaning unit ihc :!1ltiami H'cral?l __ Published Dailv MIAMI, FLORIDA STAlE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: MARIA ANGEL Who on oath that she is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade County, Florida; that the advertisement for: GI ~t of AventufO- was published in said newspaper in the issue of: rY)'IQrY); HC10lcG maL( 1(P) Jco5 Affiant further says that the Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. Gt~ ~ D ~IA ANGEL Sworn to and subscribed before me /)...01::1> day of lA"'- ~ LISA ANN HERNANDE A.D. 2005 '* . OIIllIIDa ~ .....M... WJ. ..........I'1l111V .~l ....." - _.~ l.........._.............~ 900 West 49th Street, Suite 500, Hialeah, FL 33012 )1(N1GHTRIDDER) CITY OF AVENTURA NOTICE OF DEVELOPMENT PERMIT AND DEVELOPMENT ORDER MORATORIUM "This publication replaces and corrects the publication of May 13, 2005." Public Notice is hereby given that the City of Aventura City Commission will meet in a public hearing on Tuesday, June 7, 2005 at 6:00 p.m. to consider final adoption of the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE "CITY"), PROVIDING FOR IMPOSITION OF A MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING OEVELOPMENT WHICH IS PROPOSED ON PROPERTY LOCATED EAST OF BISCAYNE BOULEVARD WITHIN ANY RESIDENTIAL OR COMMERCIAL ZONING DISTRICTS OF THE CITY; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES, APPLICABILITY, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (see map below for subject area which is bounded by Biscayne Boulevard on the west and by the City limits on the north, south and east) The Public Hearing will be held at City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Ordinance may be inspected by the publiC at the Office of the City Clerk, 19200 West Country Club Drive, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, CMC, City Clerk ~1tt :atiami 1Jftrat~ ~ Published Daily MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: MARIA ANGEL Who on oath that she is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade County, Florida; that the advertisement for: tl~ of AveIlfura was published in said newspaper in the issue of: Wed '/ maif :}tj~ )006 - /he.. !l1tarn/ Hem/d Affiant further says that the Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. ~~ c-'-L) RIA ANGEL Sworn to and subscribed before me ;lncl J This . . day of LA n e.- iu~ ~ ~ LISA ANN HERNANDEZ .. ... . A.D. 2005 (t"* c..IDGUI IV ....M... ~ ~ ..........----=: !-Of-~... ....~.~~;-..-.... ~.......... 900 West 49th Street, Suite 500, Hialeah, FL 33012 )KNIGHT RIDDER) THE HERALD :lays highlights local entertainment for you. I rate fully amortized or , for a total of 40 years. ation fees and no points. rather work with you in re committed to delivering e perfect source for your rida or call us today at: - stated (No Income Verification) ~ I unit . Owner occupied, 2nd home or ~ modified or withdrawn without notice. o;.~~ I CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS Public Notice is hereby given that the Aventura City i Commission, sitting as the City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, June 7, 2005 at 6:00 p.m. to consider adoption of the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144(b) "NEIGHBORHOOD BUSINESS (B1) DISTRICT" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE TO PERMIT DRY CLEANING TO BE CONDUCTED ON PREMISES AS A CONDITIONAL USE; PROVIDING FOR SEVt:RABI L1TY; PROVIDING FOR INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE. Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, as the governing body, will consider at a publiC hearing, as first reading, adoption of the above described Ordinance. The above described Public Hearing will be held at the City of Aventura Government Center, 19200 West Country Club Drive, Aventura, ~Iorida, 33180. The proposed Ordinance may be inspected by the publiC at the Office of the City Clerk at the Aventura Government Center. . Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act 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, as Local Planning Agency or as the governing body, with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, CMC, City Clerk CITY OF AYENTURA PUBLIC NOTICE OF PROPOSED ORDINANCE NOTICE IS HEREBY GIVEN that on Tuesday, the 7" dliy of June, 2005, at a meeting of the City Commissio~ of the City of Aventura, to be held at 6:00 p.m. in the Commission Chamber at Aventura Government Center, 19200 West Country Club Drive, Aventura, florida, the City Commission, in thair capacity as the Aventura City of Excellence Schul Board of Diractors, will consider the adoption of the following Ordinance on S9t.0nd reading, entitled: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERA~NG AND CAPITAL BUpGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2005106 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABUSHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZA~ON; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMEND,..ENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVeRAlJlUTY AND PROVIDING f()R AN EFFECTIVE DATE. d . . The proposed Ordinance may be inspacted by the public at the Office of the City Clerk, . . 19200 West Country Club Drive, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respact to the proposed Ordinance. Any person , . wishing to address the City Commission on any item at this Public Hearing may do so after the Mayor opens the public hearing. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled 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 respeclto any mailer conaldered, III a ri1eeIing or '-ing, that person will need a record of the proceedings and, for such putpose, may need fo ensure that a verbatim record of the proceedings is made, which record includes the testimony and 811idence upon which the appeal is to be based. Teresa M. Soroka, CMC City Clerk o:;,4-28/549617M 5120 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIOA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared a.v. FEABEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review flk/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 PROPOSED ORDINANCE - JUNE 7, 2005 (SEE ATTACHED) in the XXXX Court, was published in said newspaper in the issues of OS/20/2005 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, finn or corporation any discount, rebate, commission or refund for the purpose of securing t advert' t for publication in the said newspape Sworn to and subscribed before me this ~/~~3~ (SEAL) 1":1\. Maria I. Mesa a.v. FERBEYRE personally knO\~ My Commisafon 00293855 ..", Expjfea _ 04, 2008 CITY OF AYENTUBA NOTICE OF PUBLIC HEARING Dele and Time of Public Hearing: Tuesday, June 7. 2005 . 6:00 p.m. AppIIca~ NamalNumbar: Aventura Land and Development Corporaliori 02-APP-OS Applicant Request: The appIicent is requ8eting an appeal purouant to Section 31-83 of the City Code from a written order. requir8ment,decision, determination or interpnllation made by an administrative 0fflclai in enforcement of the Clly's Land Oe'IeIopment Regulations relating to a Proposed resldenIial development of property located in the private canaJ lying south of NE 207 Street, Aventura Locatlon Of SubJect Property: Private Canal lying south of NE 207 Street, Aventura ~. !~' Legal Description: A portlonof the canal shown as Tract D, Aventura First Addition, Plat Book ~. Page 11 and a portion of the prlvalll ClI/lllI. First Addition, Biscayl1eYacht and Countty Club, Plat Book 89;' Page 100 of the Public Records of Miam~Dade County. Plans are on file and may be examined during regular business hours in 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. ":~ ,It< The Public Hearing will be'~ 'city of Aventura Government Center, 19200 West Country . Club Drive, Aventura, Florida ~SSO. Your.oOmments may be Jilade in persOn at the hearing or filed in writing prior to the hearing date. Refer to applicanVproperly on correspondence and mail same to City of AventUra GoVernment Center. Comilllinity' OeVelopment Department,' Aventura, Florida, 33180. For Mlher infoflnatlon, please cell (305) 466-8940. In accordance wilIl the Americans,wIth ois8bitities M. of 199O.-all Jielsons 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. 466-8901, not later than two business days prior to such proceedings. I! a parson decides to appeal any deCision inade by the City Commission with respect to any matter consideied at a meetil\!l or ~ thet peI'llOIt wIlll8l!d a record of the proceedings and, for such purpose, may need to ensure-thet a verbatim record of the proceedings is made; which record includes the testimony and evidence upon which the appeal is to be basad. 5120 Teresa M. Soroka, CMC, City Clerk 05-3-251549604"1. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) nHwspaper, 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. JUNE 7. 2005 RE: AVENTURA LAND & DEVELOPMENT CORP. 02-APP-05 in the XXXX Court, was published in said newspaper in the issues of OS/20/2005 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 s adve ent for publication in the said newspap . '..U/ Sworn to and subscribed before me this m~05 ~ (SEAL) @ Mana; Mesa . . My CommlS&ion 00293855 Q.V. FERBEYRE personally known to.; or ,.,. Expires March 04. 2008 (SEE ATTACHED)